Bill 18 2013

An Act to amend the Fire Protection and Prevention Act, 1997 to require carbon monoxide detectors in certain residential buildings

Note: This Act amends the Fire Protection and Prevention Act, 1997.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Part IV of the Fire Protection and Prevention Act, 1997 is amended by adding the following section:

Carbon monoxide detectors

   12.1  (1)  In this section,

"appliance", "building", "residential occupancy", "service room" and "suite" have the same meaning as in the fire code; ("appareil", "bâtiment", "habitation", "local technique", "suite")

"storage garage" has the same meaning as in the building code as defined in the Building Code Act, 1992. ("garage de stationnement")

Application

   (2)  This section applies to a building only if,

  (a)  the building contains one or more suites designed for residential occupancy; and

  (b)  a fuel-burning appliance is installed in the building or the building contains a storage garage.

Installation and maintenance

   (3)  The owner of a building shall ensure that carbon monoxide detectors are installed in the building in accordance with this section and are maintained in operating condition.

Location

   (4)  If a building contains only one suite designed for residential occupancy, a carbon monoxide detector shall be installed adjacent to each sleeping area in the suite.

Same, more than one suite

   (5)  If a building contains more than one suite designed for residential occupancy, a carbon monoxide detector shall be installed,

  (a)  adjacent to each sleeping area in a suite in the building if,

           (i)  a fuel-burning appliance is installed in the suite,

          (ii)  a fuel-burning appliance is installed in a service room that is adjacent to the suite, or

         (iii)  a storage garage contained in the building is located adjacent to the suite; and

  (b)  in the service room, if a fuel-burning appliance is installed in a service room that is not located in any of the suites.

Installation requirements

   (6)  A carbon monoxide detector required by this section shall,

  (a)  be permanently connected to an electrical circuit and shall have no disconnect switch between the overcurrent device and the carbon monoxide detector;

  (b)  be wired so that its activation will activate all carbon monoxide detectors in the suite, if the detector is located in a suite that is used for residential occupancy; and

   (c)  conform to document number CAN/CSA-6.19 issued by the Canadian Standards Association and entitled "Residential Carbon Monoxide Alarming Devices", as it is amended from time to time, and whatever other standards are prescribed.

Pre-2001 buildings

   (7)  In the case of a building that existed on August 6, 2001 or for which a permit was issued under the Building Code Act, 1992 on or before that day, a battery operated carbon monoxide detector or a carbon monoxide detector that is plugged into an electrical circuit in the building is deemed to comply with clauses (6) (a) and (b).

Instructions for tenants

   (8)  If a building contains rental units, the landlord shall provide a copy of the maintenance instructions from the manufacturer of the carbon monoxide detector, or a prescribed alternative, to the tenant in each of the rental units.

Disabling not permitted

   (9)  No person shall intentionally disable a carbon monoxide detector required by this section so as to make it inoperable.

Conflict

   (10)  In the event of a conflict between this section and any other Act, any regulation made under any Act or any municipal by-law, this section prevails.

   2.  Subsection 78 (1) of the Act is amended by adding the following clauses:

(i.1)  specifying standards for carbon monoxide detectors;

(i.2)  specifying alternatives for the purpose of subsection 12.1 (8);

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Hawkins Gignac Act (Carbon Monoxide Detectors), 2013.

EXPLANATORY NOTE

The Bill amends the Fire Protection and Prevention Act, 1997 to require owners of residential buildings in which a fuel-burning appliance is installed or a storage garage is located to install carbon monoxide detectors in the buildings and to maintain them in operating condition. The Bill sets out installation requirements and requires the detectors to conform to the standards that are prescribed by the regulations made under the Act. Intentionally disabling a carbon monoxide detector required by the Act is prohibited.