The Fire Protection and Prevention Act & Ontario Fire Code: What Building Operators Need to Know
July 22nd 2025 – The Fire Protection and Prevention Act (FPPA) is the Legislation that sets out all the rules for how a Fire Department in the Province of Ontario must operate. It is the Legislation that instructs the Minister to make a Fire Code (called a Regulation) with respect to Fire Safety in the Province of Ontario. If a building or person is in violation of the Ontario Fire Code, they may be charged in Provincial Court with a violation of the Fire Protection and Prevention Act.
The FPPA says: Every person is guilty of an offence if he or she contravenes any provisions of this Act or Regulation (a Fire Code violation).
1. Can the fire department just come any time and inspect my property for no reason?
A. Technically, no. However, they can come at any reasonable time. And yes, they don’t need a reason. What is reasonable depends on the occupancy. For a night club, maybe 1:00 am, for an office, during business hours.
The fire department will require a warrant if you refuse to allow them access. The Fire Department is not allowed to use force, so if they get a warrant, expect them to show up with the police department. Those officers can use force. It won’t end well – let the fire department in when they appear at your building.
2. Does the Fire Department need a warrant to remove what they consider evidence from my building?
A. No. They can take any thing, make copies of any documents and they can use your equipment to do it, all without a warrant.
3. Who can be named on an Inspection Order (and potentially receive a fine)?
A. The Ontario Fire Code has a uniquely broad definition of “Owner”. The owner is any person, firm or corporation having control over any portion of the building or property under consideration and includes the persons in the building or property.
Therefore, the person or corporation on title, the property manager, or a tenant. Even corporate directors or officers of a corporation can be named if they know of the offence, or ought to have known of the offence can be named.
4. If the Fire Department decides to take us to court over our fire code violation(s), what kind of fine could we be facing?
A. Most fines resulting from court cases range from $2,500 to $10,000 per count upon conviction. However, they could reach as high as $50,000 for a first offence and $100,000 for a subsequent offence.
Even imprisonment for a year is possible in addition to the fine.
For corporations, the maximum first offence is $500,000 and $1,500,000 for a subsequent offence.
5. We've been issued an Inspection Order. What does that mean? It says we could be fined up to $20,000 per day!
A. An Inspection Order is good. It means you have the right to request a review of the order by the Fire Marshal’s office.
6. The Inspection Order talks about the Assistant to the Fire Marshal, and I’m pretty sure it was the Fire Department, not the Fire Marshal who conducted the inspection.
A. Under the FPPA, Assistants to the Fire Marshal have the right to conduct inspections, lay charges, issue orders, etc. Any person who is an inspector in a Fire Prevention Branch is automatically considered an Assistant to the Fire Marshal, so that they can enforce the FPPA in their municipality.
7. But what about that fine?!
A. In order for the fine to be applicable, the fire department would have to serve you with a Provincial Offences Certificate of Offence, or an Offence Notice. The person(s) named on the certificate will need to appear in court. There would need to be a trial. If found guilty, and if the violation of the fire code has not been corrected, the Fire Department could then ask the courts for up to $20,000 per day. Normally, the process through provincial court takes at least a year, usually more. One would think by then you’d have the problem resolved.
8. We don't disagree with the order, we just think there might be other options. Or, we just need more time than the order provides us with.
A. The first and best option is always to speak to the Inspector and ask if they will change the order. Explain your situation and your plans, and often the order will be changed.
Ask for a review of the order. Your review request must be accompanied by an explanation of what you disagree with on the order. The Fire Marshal’s office will contact the fire department for a detailed explanation of the order as well. You have 15 calendar days to request a review after it is issued. You are not required to comply with the order while the Order is under review. You’ve effectively been issued a “stay” of the Order.
9. What decision might the Fire Marshal make after a review of the Order?
A. The Fire Marshal may confirm the order. The requirements will need to be met and the timeframe to complete will re-commence.
The Fire Marshal may amend the order – change the requirements, change the timeframe.
The Fire Marshal may rescind the order in which case the requirements therein become null and void.
10. I've been issued a Notice of Violation, and it says I must get the work done in a time frame that is not reasonable. What can I do?
A. You have several options. A notice of violation is not a prescribed form. That is to say, it is not a document that the Act acknowledges.
Explain to the fire department what you consider a reasonable time frame and see if they will bend.
Still no? Tell the Fire Department that the time frame is unreasonable and that you want an Inspection Order so that you can appeal the report. They should oblige. If they chose not to, you have a very good case in Provincial Court to have any potential fines or charges quashed.
Important information
A good relationship with your fire inspector cannot be over-emphasized. As a building owner, things to consider:
- If you engage a consultant, they work for you – not the fire department. Your consultant will anticipate the questions the fire department will have prior to approval of whatever work you do. They can prevent friction between you and the fire department.
- Your consultant can only provide you with a good product if you provide them with good information. If you are in receipt of a notice of violation or an Inspection Order, don’t just summarize the content for your consultant. Give them a copy.
- Although rare, if you obstruct a fire inspector from completing their inspection (refuse entry, don’t give accurate documents when requested, give false information), you may be charged under the FPPA with obstructing the inspector from the performance of their duties.
- Don’t be afraid when you consultant suggests an Alternate Solution or an Alternate Measure. A “Permit” should not be thought of as building “to code”. Rather it should be considered as the lowest legally acceptable form of construction. Your Alternative may well exceed the prescribed code, and the engineering stamp that accompanies the Solution is your guarantee. Your consultant at the very least helps you construct “to code”, and often exceeds the code, all while providing you with a custom solution to your challenge.
