OFM - 21(2)

PART VI- Subsection 21.(2)

PART VI
FPPA Opinions & Applications

Subsection 21.(2)  Closure of Premises

SUBSECTION 21.(2)

"An inspector who has carried out an inspection of land or premises under section 19 or 20 may, with the approval of the Fire Marshal and upon such terms and conditions as the Fire Marshal considers proper,

1. order that the owner or occupant of the land or premises close the land or premises and prevent persons from entering thereon until such time as the corrective actions ordered under subsection (1) have been completed; or

 

2. if the inspector is of the opinion that it is necessary for the immediate protection of persons and property that the lands or premises be closed immediately, cause the land or premises to be closed immediately and persons on the premises to be removed and direct that the lands or premises remain closed and that the premises be vacated until such time as the corrective actions ordered under subsection (1) have been completed."

INTENT:

The subsection is to provide the power to close the premises and/or remove people where there is a need for immediate protection of persons and property.
 

APPLICATION:

 

Q1:

Does 21.(2)(b) allow the inspector to remove occupants and physically secure the building? If so, does it allow them to use force?
 

A1:

The inspector may, with the approval of the Fire Marshal, where the inspector considers it necessary for the immediate protection of persons and property, require the lands or premises to be closed immediately and the persons on the premises be removed.
While not specifically stated in Section 21.(2)(b), Section 19 permits the inspector to take a police officer or other person as necessary to assist him/her in the carrying out of prescribed duties. Section 20 permits the issuance of a warrant to enable an inspector on site where access has been refused by the owner, and further permits calling the police or others to assist in making the entry and doing the work outlined in the warrant.
Section 15 provides that where it is felt there is an immediate threat to life, the Fire Marshal (or delegate), assistant to the Fire Marshal, or fire chief, may without a warrant, enter premises and remove persons occupying them. Section 15 states further that the Fire Marshal, etc. may call on police officers as necessary and may use force.