40:1 Bill 20, Hawkins Gignac Act (Carbon Monoxide Detectors), 2012

Hardeman, Ernie

Viewing: As amended by Standing Committee (current version) pdf

Bill 20                                                          2012

An Act to amendthe Building Code Act, 1992to require carbon monoxide detectors in certain residential buildings
An Act to amend the 
Fire Protection and Prevention Act, 1997 to require carbon monoxide detectors in certain residential buildings

Note: This Act amends theBuilding Code Act, 1992Fire Protection and Prevention Act, 1997.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on 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.  The Building Code Act, 1992 is amended by adding the following section:

Carbon Monoxide Detectors

Requirements

   15.8.1  (1)  In this section,

“residential occupancy” and “suite” have the same meaning as in Ontario Regulation 350/06 (Building Code) made under this Act. (“habitation”, “suite”)

Application

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

  (a)  one or more rooms designed for residential occupancy; and

  (b)  a fuel-burning appliance or 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 a suite that consists of only one room and that is used for residential occupancy, a carbon monoxide detector shall be installed adjacent to each sleeping area in the suite.

Same, suite

   (5)  If a building contains a suite that consists of more than one room and that is used for residential occupancy, a carbon monoxide detector shall be installed,

  (a)  adjacent to each sleeping area in the suite, if a fuel-burning appliance is installed in the suite or in a service room that is adjacent to the suite;

  (b)  adjacent to each sleeping area in the suite, if the building contains a storage garage and the suite is adjacent to it; and

   (c)  in the service room, if a fuel-burning appliance is installed in a service room that is not in the suite.

Installation requirements

   (6)  A carbon monoxide detector 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 the standards that 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 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 of the manufacturer of the carbon monoxide detector or a prescribed alternative to the occupant in each of the rental units.

Disabling not permitted

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

Conflict

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

Transition, existing buildings

   (11)  This section does not apply to existing buildings until 12 months after the day the Hawkins Gignac Act (Carbon Monoxide Detectors), 2011 receives Royal Assent.

Definition

   (12)  In subsection (11),

“existing building” means,

  (a)  a building that exists on the day the Hawkins Gignac Act (Carbon Monoxide Detectors), 2011 receives Royal Assent, or

  (b)  construction for which a permit is issued on or before the day the Hawkins Gignac Act (Carbon Monoxide Detectors), 2011 receives Royal Assent.

   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 of 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.

   1.1  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

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

Short title

   3.  The short title of this Act is the Hawkins Gignac Act (Carbon Monoxide Detectors), 2012.

 

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

 

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EXPLANATORY NOTE

The Bill amends the Building Code Act, 1992 to require owners of residential buildings that contain a fuel-burning device or a storage garage 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 is prohibited.

The Bill amends the Fire Protection and Prevention Act, 1997 to require owners of residential buildingsin 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.

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