Fire safety box bylaw
This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.
For any questions related to this bylaw contact 519-884-2121 or fire@waterloo.ca.
Bylaw number: 2024 - 067
Last passed by council: September 23, 2024
A bylaw to regulate the use of fire safety boxes within the City of Waterloo
- Interpretation
- Administration of bylaw
- Requirements and prohibitions
- Service rooms and main entrance
- Locked box
- Owner response to fire alarms
- Interference with installation or enforcement
- Enforcement
- Work order
- Order to discontinue activity
- Remedial action
- Offence and penalty
- General
- Short title
- Coming into force
Whereas clause 11(2) 8. of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act”), provides that a municipality has the authority to enact by-laws to protect the safety of persons and property;
And whereas subsection 8(1) of the Municipal Act provides that the powers of a municipality under the Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues;
And whereas clause 7.1(1)(a) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended (the “Fire Protection and Prevention Act”), provides that a municipality may pass a by-law regulating fire prevention, including the prevention and spreading of fires;
And whereas Ontario Regulation 213/07: Fire Code, made pursuant to Part IV of the Fire Protection and Prevention Act (the “Fire Code”), sets out requirements for the preparation, approval and implementation of fire safety plans;
And whereas pursuant to the Fire Code, fire safety plans are to be kept in a location approved by the Chief Fire Official;
And whereas this By-law shall not fetter the discretion of the Chief Fire Official with respect to approved locations of fire safety plans;
And whereas subsection 7.1(4) of the Fire Protection and Prevention Act provides that a municipality may appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether by-laws enacted in accordance with section 7.1 have been complied with;
And whereas subsection 6(3) of the Fire Protection and Prevention Act provides that a fire chief is the person who is ultimately responsible to the council of a municipality that appointed them for the delivery of fire protection services;
And whereas Part XIV of the Municipal Act applies with necessary modifications to by-laws passed by the council of a municipality under any other general or special Act except as otherwise provided in that Act;
And whereas section 391 of the Municipal Act establishes that a municipality may impose fees or charges on persons for services or activities provided or done by or on behalf of it;
And whereas section 425 of the Municipal Act establishes that any person who contravenes any by-law of the municipality is guilty of an offence;
And whereas it is the opinion of the Council for the Corporation of the City of Waterloo that the health and safety of persons and property within the City of Waterloo would be enhanced by the mandatory installation of fire safety boxes;
Therefore, the municipal council of the corporation of the City of Waterloo enacts as follows:
1.0 Interpretation
For the purposes of this By-law,
“Chief Fire Official” has the same meaning as in the Fire Code, O. Reg 213/07 (the “Fire Code”);
“Designated Provision” means any section of this By-law designated in accordance
with section 38 of this By-Law;
“Existing Lock Box” means a cabinet or box used for the storage of keys to service
rooms and/or main entrance as applicable that was in place prior to the date on
which this By-law comes into force and effect;
“Fees and Charges By-law” means the City’s by-law with that title, being by-law
no. 2022 - 084, as amended or replaced from time to time.
“Fire Chief” means the Fire Chief appointed by the Council of the City under the Fire Protection and Prevention Act for the Fire Department of the City and includes, in the absence of the Fire Chief, a Deputy Fire Chief or their relevant designate;
“Fire Department” means the Fire Services Division of the City and includes its officers and members;
“Fire Protection Services” has the same meaning as in the Fire Protection and Prevention Act;
“Fire Safety Box” means a metal cabinet that is locked with a padlock for the storage of the items identified in section 11 of this By-law;
“Fire Safety Plan” means a fire safety plan as described in the Fire Code;
“General Administrative Penalty By-law” means the General Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof;
“Industrial Occupancy” shall have the same meaning as set out in the Fire Code;
“Lock Box” means the fire department approved metal cabinet or box that is locked with a padlock for the storage of keys to service rooms/main entrance;
“Municipal Law Enforcement Officer” means a person appointed by the Corporation of the City of Waterloo as a Municipal Law Enforcement Officer pursuant to section 15 of the Police Services Act, R.S.O. 1990, c. P. 15, as amended;
“Owner” shall have the same meaning as set out in the regulations made under the Fire Code;
“Padlock” means a padlock that is non-reinforced and is capable of being cut by a bolt cutter;
“Residential Occupancy” shall have the same meaning as set out in the Fire Code; and,
“Service room” means a room in a building used to contain equipment associated with building services.
In this By-law, a reference to any Act, regulation or by-law is to that Act, regulation or by-law as amended or re-enacted from time to time.
2.0 Administration of bylaw
2.1 The Fire Chief shall be responsible for the administration of this By-law.
2.2 The Fire Chief, the Chief Fire Official and any person employed by the City as a fire prevention officer in the Fire Department are appointed as officers for the purposes of entering upon the premises to which this by-law applies at any reasonable time to inspect the premises to determine whether this By-law has been complied with.
2.3 A Municipal Law Enforcement Officer is also appointed as an officer for the purposes of exercising the power given under section 4.
3.0 Requirements and prohibitions
3.1 Every person who is required under section 2.8 of the Fire Code to prepare and implement a Fire Safety Plan approved by the Chief Fire Official in a Residential Occupancy and/or an Industrial Occupancy shall also install and maintain on their premises one of the following:
a) a Fire Safety Box and a Fire Department approved Lock Box; or
b) a Fire Safety Box and an Existing Lock Box.
3.2 Every person to whom section 6 applies shall ensure that the Fire Safety Box, Lock Box, and/or Existing Lock Box, as required, comply with the following requirements:
a) Every Fire Safety Box required under this By-law shall be:
i) surface mounted within three metres of the main entrance of the premises at a height between 1.5 and 1.8 metres above the floor;
ii) securely mounted to an interior wall of the premises; and
iii) of sufficient size to hold all the contents prescribed for a Fire Safety Box by this By-law, including an unfolded Fire Safety Plan.
b) Every Lock Box required under this By-law shall be:
i) surface mounted within three metres of the main entrance of the premises at a height between 1.5 and 1.8 metres above the floor; and,
ii) securely mounted to an exterior wall of the premises.
c) Every Lock Box and Existing Lock Box under this By-law shall be:
iii) of sufficient size to hold the keys to service rooms and/or main entrance as applicable as required by section 13 of this By-Law.
3.3 Notwithstanding subsections 7(a) and 7(b), the Fire Safety Box and/or Lock Box may be located in a place on the premises other than within three metres of the main entrance, but only with the prior written approval of the Chief Fire Official.
3.4 Where the prior written approval of the Chief Fire Official as referred to in section 8 is provided, the Fire Safety Box and/or Lock Box shall be located in the place so approved.
3.5 An Existing Lock Box is not required to meet the requirements of subsections 7(a) and 7(b). However, should an existing Lock Box not meet the location requirements under section 7(a) and 7(b), a written notice clearly identifying the location of the existing Lock Box shall be posted within three metres of the main entrance of the premises at a height between 1.5 and 1.8 metres above the floor.
3.6 Every Fire Safety Box required under this By-law shall at all times contain:
a) a copy of the site plan, building schematics and list of building specific hazards from the approved Fire Safety Plan;
b) an unlocked replacement padlock capable of locking the Fire Safety Box and Lock Box where applicable;
c) up-to-date contact information for the Owner of the premises or the Owner’s authorized agent at which the Owner or the Owner’s authorized agent may be reached in the event that the premises’ fire alarm is engaged.
3.7 Every Lock Box or Existing Lock Box required under this By-law shall at all times contain the keys required by section 13.
4.0 Service rooms and main entrance
4.1 Every person who is the Owner of a premises that has Service Rooms and/or a locked main entrance and to whom section 6 of this By-Law applies shall supply to the Fire Department a full working set of keys to open the Service Rooms and/or main entrance, and for this purpose shall place the keys in the Lock Box or the Existing Lock Box required under this by-law, as the case may be.
4.2 The keys referred to in section 13 of this By-Law shall at all times be equipped with metal or plastic tags that contain completed up-to-date information clearly identifying the Service Rooms and doors that the keys open.
4.3 No person, other than an officer or member of the Fire Department acting in the course of their duties, or the Owner of the premises or their authorized agent, for the purposes of updating identification information or replacing defective keys, shall remove the keys from the Lock Box or the Existing Lock box, as the case may be, or remove or change the identification for the keys.
4.4 When updating identification information or replacing defective keys, the Owner of the premises or their authorized agent shall act promptly so as to ensure that at all times the Fire Department has immediately available to it a full working set of keys with complete, up-to-date identification information.
5.0 Locked box
5.1 The Fire Safety Box, Lock Box and Existing Lock Box shall be locked at all times,
(a) except where the Fire Department requires access; or
(b) except for the purposes of having their contents updated.
5.2 The Owner or their authorized agent shall at all times be responsible for the ongoing maintenance and repair of the Fire Safety Box, Lock Box, and/or Existing Lock Box, including all contents therein.
6.0 Owner response to fire alarms
6.1 The Owner of any premises to which this By-law applies or authorized agent, if the contact information of an authorized agent is included in the Fire Safety Box in accordance with subsection 11(c), shall attend at the premises within 45 minutes of the fire alarm for the premises becoming engaged;
6.2 In the event that the Owner of any premises to which this By-law applies or the Owner’s authorized agent does not attend at the premises within 45 minutes of the fire alarm for the premises becoming engaged, the Fire Department may monitor the property and may charge a stand-by fee as prescribed by the Fees and Charges By-Law, as amended or replaced from time to time.
7.0 Interference with installation or enforcement
7.1 No Owner of any premises to which this By-law applies shall refuse to allow, or shall prevent or interfere with, the installation and maintenance of a Fire Safety Box, Lock Box or Existing Lock Box required by this By-law.
7.2 No person shall hinder, obstruct or interfere with a person duly appointed to enforce this By-law in the exercise of their powers and duties.
8.0 Enforcement
8.1 The Fire Department shall, at all times, be permitted to have access, and shall have access, to any Fire Safety Box, Lock Box and Existing Lock Box required under this By-law, including the contents prescribed in this By-law and for these purposes may use any means available to obtain access to or open the Fire Safety Box, Lock Box or Existing Lock Box.
8.2 An officer appointed pursuant to section 4 or 5 of this By-law may, upon producing proper identification, enter upon any premises at any reasonable time without a warrant for the purposes of inspecting the property to determine:
(a) whether this By-law has been complied with; or
(b) whether an order made under this By-law has been complied with.
8.3 For the purposes of an inspection, an officer appointed pursuant to section 4 or 5 of this By-law may:
(a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the Fire Safety Box, Lock Box or Existing Lockbox, or their prescribed contents;
(b) inspect and remove documents or things relevant to the Fire Safety Box, Lock Box or Existing Lockbox, or their prescribed contents for the purposes of making copies or extracts;
(c) require information from any person concerning a matter related to the Fire Safety Box, Lock Box or Existing Lockbox, or their prescribed contents;
(d) be accompanied by a person who has special or expert knowledge in relation to the Fire Safety Box, Lock Box or Existing Lockbox, or their prescribed contents;
(e) alone or in conjunction with a person who has special or expert knowledge, make examinations or take photographs necessary for the purposes of the inspection; and
8.4 The City may charge the Owner of the premises a fee or charge pursuant to the City’s Fees and Charges By-law to conduct an inspection, including increased fees for multiple inspections.9.0 Work order
9.1 Where an officer appointed pursuant to section 4 or 5 of this By-law is satisfied that a contravention of this By-law has occurred, the officer may make an order requiring the person who caused or permitted the contravention or the Owner of the premises to do work to correct the contravention.
9.2 An order under section 27 shall set out:
(a) the reasonable particulars of the contravention adequate to identify the contravention and the location of the premises on which the contravention occurred or is occurring; and
(b) the work to be done and the date by which the work must be completed.
9.3 An order under section 27 may require work to be done even though the facts which constitute the contravention were present before this By-law came into force.
9.4 Any person who fails to comply with an order issued under section 27 is guilty of an offence.
10.0 Order to discontinue activity
10.1 Where an officer appointed pursuant to section 4 or 5 of this By-law is satisfied that a contravention of this By-law has occurred, the officer may make an order requiring the person who caused or permitted the contravention or the Owner of the premises to discontinue the contravening activity.
10.2 An order under section 31 shall set out: (a) the reasonable particulars of the contravention adequate to identify the contravention and the location of the premises on which the contravention occurred or is occurring; and
(b) the work to be done and the date by which there must be compliance with the order.
10.3 Any person who fails to comply with an order issued under section 31 is guilty of an offence.
11.0 Remedial action
11.1 If a person is ordered to do work under section 27 of this By-law and that person defaults in complying with that order, the City may take steps to remediate the contravention, and any damages caused by the contravention, at the expense of the person directed or required to do the work by the order.
11.2 The City may recover the costs of doing any remedial work from the person directed or required to do the work by either action or by adding the costs to the tax roll of that person and collecting them in a like manner as property taxes.
11.3 The costs outlined in section 35 shall include interest calculated at a rate of fifteen (15) per cent per annum, calculated for the period commencing on the first day the City incurs the costs and ending on the day the costs, including the interest, are either paid in full or added to the tax roll.
12.0 Offence and Penalty
12.1 Any person who contravenes any provision of this By-law, or who fails to comply with an order made under sections 27 or 31 of this By-law, is guilty of an offence and upon conviction is liable to a fine not exceeding of Five Thousand Dollars ($5,000.00).
12.2 Sections 30 and 33 of this By-law are hereby designated as parts of this By-law to
which the General Administrative Penalty By-law applies.
12.3 Any person who contravenes any Designated Provision of this By-law shall, upon issuance of a penalty notice in accordance with the General Administrative Penalty By-law, be liable to pay an administrative penalty and any administrative fees.
13.0 General
13.1 If any section or sections of this By-law or parts thereof are found in any court or tribunal of competent jurisdiction to be illegal or beyond the power of the Council to enact, such section or sections shall be deemed severed from the balance of the By-law, which shall continue to operate in full force.
13.2 Nothing in this By-law relieves a person from complying with any provision of any federal or provincial law or regulation, other by-law, or any requirement of any lawful permit or licence.
14.0 Short title
14.1 This By-law may be cited as the “Fire Safety Box By-law”.
15.0 Coming into force
15.1 This By-law shall come into force and effect six (6) months after the date of passing.