Federal
Fire Safety – Securite incendi
This material has been extracted from the Canada Occupational Health and Safety Regulations, SOR/86-304 to help students understand the subject. It is not an official source of information and must not be used for any other purpose.
It was obtained from the Canadian Legal Information Institute (CanLII – www.canlii.org).
Canada Occupational Health and Safety Regulations SOR/86-304
Canada Labour Code
PART I
Interpretation
1.2 In these Regulations,
“fire hazard area” means an area that contains or is likely to contain explosive or flammable concentrations of hazardous substances; (endroit présentant un risque d’incendie)
“National Building Code” means the National Building Code of Canada, 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code canadien du bâtiment)
“National Fire Code” means the National Fire Code of Canada 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code national de prévention des incendies du Canada)
“protection equipment” means safety materials, equipment, devices and clothing; (équipement de protection)
“qualified person” means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)
PART XVII
SAFE OCCUPANCY OF THE WORK PLACE
Interpretation
17.1 In this Part, “emergency evacuation plan” means a written plan for use in an emergency, prepared in accordance with section 17.4.
Application
17.2 This Part does not apply in respect of employees employed in the underground workings of mines.
Fire Protection Equipment
17.3 (1) Fire protection equipment shall be installed, inspected and maintained in every building in which there is a work place in accordance with the standards set out in Parts 6 and 7 of the National Fire Code.
(2) [Repealed, SOR/2000-374, s. 6]
(3) All fire protection equipment shall be maintained and repaired by a qualified person.
SOR/2000-374, s. 6.
Emergency Evacuation Plan
17.4 (1) Where more than 50 employees are working in a building at any time, the employer or employers of those employees shall prepare an emergency evacuation plan for all employees, including those who require special assistance, after consultation with
(a) the work place committee or the health and safety representative; and
(b) the employers of any persons working in the building to whom the Act does not apply.
(2) An emergency evacuation plan referred to in subsection (1) shall contain
(a) a plan of the building, showing
(i) the name, if any, and the address of the building,
(ii) the name and address of the owner of the building,
(iii) the names and locations of the tenants of the building,
(iv) the date of preparation of the plan,
(v) the scale of the plan,
(vi) the location of the building in relation to nearby streets and in relation to all buildings and other structures located within 30 m of the building,
(vii) the maximum number of persons normally occupying the building at any time,
(viii) a horizontal projection of the building, showing thereon its principal dimensions, and
(ix) the number of floors above and below ground level;
(b) a plan of each floor of the building, showing
(i) the name, if any, and the address of the building,
(ii) the date of preparation of the plan,
(iii) the scale of the plan,
(iv) a horizontal projection of the floor, showing thereon its principal dimensions,
(v) the number of the floor to which the plan applies,
(vi) the maximum number of persons normally occupying the floor at any time,
(vii) the location of all fire escapes, fire exits, stairways, elevating devices, main corridors and other means of exit,
(viii) the location of all fire protection equipment, and
(ix) the location of the main electric power switches for the lighting system, elevating devices, principal heating, ventilation and air-conditioning equipment and other electrical equipment;
(c) a full description of the evacuation procedures to be followed in evacuating the building, with the time required to complete the evacuation, including
(i) activating the fire alarm,
(ii) notifying the fire department, and
(iii) evacuating employees who require special assistance; and
(d) the names, room numbers and telephone numbers of the chief emergency warden and the deputy chief emergency warden of the building appointed by the employer or employers under section 17.7.
(3) An emergency evacuation plan referred to in subsection (1) shall be kept up-to-date and shall take into account any changes in the building or the nature of its occupancy.
(4) An employer referred to in subsection (1) shall keep a copy of the up-to-date emergency evacuation plan in the building to which it refers.
SOR/94-263, s. 62; SOR/96-525, s. 17; SOR/2002-208, s. 36.
Emergency Procedures
17.5 (1) Every employer shall, after consultation with the work place committee or the health and safety representative and with the employers of any persons working in the building to whom the Act does not apply, prepare emergency procedures
(a) to be implemented if any person commits or threatens to commit an act that is likely to be hazardous to the health and safety of the employer or any of his or her employees;
(b) if there is a possibility of an accumulation, spill or leak of a hazardous substance in a work place controlled by the employer, to be implemented in the event of such an accumulation, spill or leak;
(c) if more than 50 employees are working in a building at any time, to be implemented when evacuation is not an appropriate means of ensuring the health and safety of employees;
(d) to be implemented in the event of a failure of the lighting system; and
(e) to be implemented in the event of a fire.
(2) The emergency procedures referred to in subsection (1) shall contain
(a) an emergency evacuation plan, where applicable, or a plan for evacuating employees who require special assistance to be implemented in the event of a fire;
(b) a full description of the procedures to be followed;
(c) the location of the emergency equipment provided by the employer; and
(d) a plan of the building, showing
(i) the name, if any, and the address of the building, and
(ii) the name and address of the owner of the building.
(3) The plan for the evacuation of employees who require special assistance shall be established in consultation with those employees.
SOR/88-68, s. 14; SOR/94-263, s. 63; SOR/96-525, s. 18; SOR/2002-208, s. 37.
Instructions and Training
17.6 (1) Every employee shall be instructed and trained in
(a) the procedures to be followed by him in the event of an emergency; and
(b) the location, use and operation of fire protection equipment and emergency equipment provided by the employer.
(2) Notices that set out the details of the evacuation plans and procedures referred to in paragraphs 17.4(2)(c) and 17.5(2)(a) and (b) shall be posted at locations accessible to every employee at the work place.
SOR/96-525, s. 19.
Emergency Wardens
17.7 (1) Where an employer or employers have prepared an emergency evacuation plan for a building, the employer or employers shall appoint
(a) a chief emergency warden and a deputy chief emergency warden for that building;
(b) an emergency warden and a deputy emergency warden for each floor of the building that is occupied by employees of the employer or employers; and
(c) monitors for any employee who require special assistance in evacuating the building.
(2) The chief emergency warden and deputy chief emergency warden appointed for a building shall be employees who are normally employed in the building.
(3) The emergency warden and the deputy emergency warden appointed for a floor in a building shall be employees who are normally employed on that floor and monitors for an employee who requires special assistance shall be employees who are normally employed on the same floor as the employee requiring special assistance.
SOR/96-525, s. 20.
17.8 (1) Every emergency warden, deputy emergency warden and monitor appointed under section 17.7 shall be instructed and trained in
(a) his responsibilities under the emergency evacuation plan and the emergency procedures referred to in paragraph 17.5(1)(c); and
(b) the use of fire protection equipment.
(2) A record of all instruction and training provided in accordance with subsection (1) shall be kept by the employer in the work place to which it applies for a period of two years from the date on which the instruction or training is provided.
SOR/88-632, s. 76(E); SOR/96-525, s. 21.
Inspections
17.9 (1) In addition to the inspections carried out under section 17.3, a visual inspection of every building to which subsection 17.4(1) applies shall be carried out by a qualified person at least once every six months and shall include an inspection of all fire escapes, exits, stairways and fire protection equipment in the building in order to ensure that they are in serviceable condition and ready for use at all times.
(2) A record of each inspection carried out in accordance with subsection (1) shall be dated and signed by the person who made the inspection and kept by the employer in the building to which it applies for a period of two years from the date on which it is signed.
Meetings of Emergency Wardens and Drills
17.10 (1) At least once every year and after any change is made in the emergency evacuation plan or the emergency procedures referred to in paragraph 17.5(1)(c) for a building,
(a) emergency wardens, deputy emergency wardens and monitors appointed under section 17.7 and employees requiring special assistance shall meet for the purpose of ensuring that they are familiar with the emergency evacuation plan and the emergency procedures and their responsibilities thereunder; and
(b) an evacuation or emergency drill shall be conducted for the employees in that building.
(2) The employer or employers shall keep a record of each meeting and drill referred to in subsection (1) in the building referred to in that subsection for a period of two years from the date of the meeting or the drill.
(3) The record referred to in subsection (2) shall contain
(a) in respect of each meeting,
(i) the date of the meeting,
(ii) the names and titles of those present, and
(iii) a summary of the matters discussed; and
(b) in respect of each drill,
(i) the date and time of the drill, and
(ii) where applicable, the length of time taken to evacuate the building.
(4) The employer shall notify the local fire department for the building where an evacuation or emergency drill is to take place at least 24 hours in advance of the date and time of the drill.
SOR/88-632, s. 77(E); SOR/96-525, s. 22.
Fire Hazard Areas
17.11 (1) Subject to subsection (2), no person shall, in a fire hazard area,
(a) use any equipment, machinery or tool of a type that may provide a source of ignition; or
(b) smoke or use an open flame or other source of ignition.
(2) Where it is not reasonably practicable to avoid performing work involving the use of any equipment, machinery or tool that may provide a source of ignition in an area that has an atmosphere that contains or is likely to contain explosive concentrations of combustible dust or in an area where combustible dust has accumulated in a sufficient quantity to be a fire hazard, the following shall apply:
(a) the atmosphere and surfaces in the area where the work is to be performed and within that portion of the surrounding area that is accessible to sparks or pieces of hot metal produced by the work shall be substantially free of combustible dust;
(b) where any equipment, machinery or tool produces combustible dust that may reach the areas referred to in paragraph (a), the equipment, machinery or tool shall be made inoperative prior to and during the time the work is being performed;
(c) in so far as is practicable, the area where the work is to be performed shall be enclosed to prevent the escape of sparks or pieces of hot metal produced by the work;
(d) all openings in floors and walls through which sparks or pieces of hot metal produced by the work may pass shall be sealed or covered to prevent such passage;
(e) any combustible materials within the areas referred to in paragraph (a) shall be removed or, if this is not reasonably practicable, shall be covered with a non-combustible protective covering;
(f) floors and walls of combustible material within the areas referred to in paragraph (a) shall be protected from the fire hazard by
(i) drenching the surfaces of the floors and walls with water, or
(ii) covering the floors and walls with a non-combustible protective covering;
(g) the work shall be performed under the supervision of a qualified person, who shall remain in the work area while the work is performed and for 30 minutes thereafter; and
(h) there shall be readily available in the work area at least one hand-held portable fire extinguisher and
(i) a water hose at least 25 mm in diameter that is connected to a water supply line, or
(ii) a supply of not less than 200 L of water and a bucket.
SOR/88-632, s. 78(F); SOR/94-263, s. 64.
17.12 Signs shall be posted in conspicuous places at all entrances to a fire hazard area
(a) identifying the area as a fire hazard area; and
(b) prohibiting the use of an open flame or other source of ignition in the area.
PART VI
LIGHTING
Interpretation
Emergency Lighting
6.10 (1) Emergency lighting shall be provided to illuminate the following areas within buildings:
(a) exits and corridors;
(b) principal routes providing access to exits in open floor areas; and
(c) floor areas where employees normally congregate.
(2) Except in the case of a primary grain elevator in which hand-held lamps are used for emergency lighting, all emergency lighting provided in accordance with subsection (1) shall
(a) operate automatically in the event that the regular power supply to the building is interrupted;
(b) provide an average level of lighting of not less than 10 lx; and
(c) be independent of the regular power source.
(3) Where a generator is used as a power source for emergency lighting, the inspection, testing and maintenance of the generator shall be in accordance with the requirements referred to in section 6.7 of the National Fire Code, as amended from time to time.
(4) Where a central storage battery system is used as a power source for emergency lighting or where emergency lighting is provided by a self-contained emergency lighting unit, the battery system or the unit shall be tested
(a) monthly by hand; and
(b) annually under simulated power failure or electrical fault conditions.
(5) Where a battery, other than a hermetically sealed battery, is tested in accordance with paragraph (4)(a), the electrolyte level of the battery shall be checked and, if necessary, adjusted to the proper level.
(6) Where a self-contained emergency lighting unit is tested in accordance with paragraph (4)(b), all lamps forming part of the unit shall be operated for the time period set out in Sentence 3.2.7.3(2) of the National Building Code, as amended from time to time, that is applicable to the class of buildings to which the building in which the unit is installed belongs.
(7) Every employer shall make a record of the results of each test performed in accordance with subsection (3) or (4) and keep the record for two years after the test.
SOR/89-515, s. 1.
DIVISION I
GENERAL
Records of Hazardous Substances
Storage, Handling and Use
10.12 (1) Where, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and there exists a hazard of ignition of the combination by static electricity, the employer shall implement the standards set out in the United States National Fire Protection Association, Inc. publication NFPA 77, Recommended Practice on Static Electricity, dated 1988, as amended from time to time.
(2) For the purpose of interpreting the standards referred to in subsection (1), “acceptable” means “appropriate”.
SOR/88-68, s. 14; SOR/88-632, s. 43; SOR/94-263, s. 34; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Control of Hazards
10.21 (1) Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials where
(a) there is a risk of any person being directly exposed to the jet or where a fire, explosion, injury or health hazard is likely to result from such use; or
(b) such use would result in a concentration of an airborne hazardous substance in excess of the values referred to in paragraphs 10.19(1)(a) and (c) or the limits referred to in subsections 10.20(1) and (2).
SOR/88-68, s. 14; SOR/88-632, s. 46(F); SOR/90-180, s. 1; SOR/96-294, s. 2; SOR/98-427, s. 6; SOR/2002-208, s. 43(F).
DIVISION III
CONTROLLED PRODUCTS
Fire and Explosion Prevention
10.45 (1) [Repealed, SOR/98-427, s. 9]
(2) For the purpose of interpreting the standards referred to in sections 10.46 to 10.49,
(a) [Repealed, SOR/2000-374, s. 4]
(b) “dangerous goods” means “controlled products” used in these Regulations; and
(c) in respect of a controlled product classified under the Controlled Products Regulations,
(i) “flammable liquids” means “flammable liquids” used in these Regulations,
(ii) “combustible liquids” means “combustible liquids” used in these Regulations,
(iii) “compressed gases” means “compressed gases” used in these Regulations,
(iv) “reactive substances” means “reactive flammable materials” used in these Regulations,
(v) “aerosol products” means “flammable aerosols” used in these Regulations,
(vi) “poisonous and infectious substances” means “poisonous and infectious materials” used in these Regulations,
(vii) “corrosive substances”" means “corrosive materials” used in these Regulations, and
(viii) “oxidizing substances” means “oxidizing materials” used in these Regulations.
SOR/96-294, s. 2; SOR/98-427, s. 9; SOR/2000-374, s. 4.
10.46 Controlled products shall be stored in accordance with subsections 3.2.7, 3.2.8, 3.2.9 and 3.3.4 of the National Fire Code.
SOR/96-294, s. 2; SOR/2000-374, s. 5.
10.47 Flammable aerosols shall be stored in accordance with subsection 3.2.5 of the National Fire Code.
SOR/96-294, s. 2; SOR/2000-374, s. 5.
10.48 The provisions of Part 3 of the National Fire Code apply as follows:
(a) compressed gases shall be stored and handled in accordance with subsections 3.2.8 and 3.3.5;
(b) reactive flammable materials shall be stored and handled in accordance with subsections 3.2.7 and 3.3.4;
(c) poisonous and infectious materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4;
(d) corrosive materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4; and
(e) oxidizing materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4.
SOR/96-294, s. 2; SOR/2000-374, s. 5.
10.49 The provisions of Part 4 of the National Fire Code apply as follows:
(a) areas used for the storage, handling and use of flammable liquids and combustible liquids shall meet the standards set out in subsection 4.1.5, with the exception of article 4.1.5.6;
(b) the drainage and disposal of flammable liquids and combustible liquids shall be in accordance with subsection 4.1.6;
(c) flammable liquids and combustible liquids shall be stored in storage tanks meeting the standards set out in subsection 4.1.8;
(d) maintenance and operating procedures shall be established to prevent the escape of flammable liquids and combustible liquids, required by subsection 4.1.6;
(e) general container storage and handling of flammable liquids and combustible liquids shall be in accordance with subsections 4.2.1 to 4.2.8, with the exception of paragraph 4.2.8.4(d);
(f) rooms used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.9, with the exception of article 4.2.9.3;
(g) cabinets used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.10;
(h) outdoor container storage of flammable liquids and combustible liquids shall be in accordance with subsection 4.2.11;
(i) storage tanks for flammable liquids and combustible liquids shall conform with section 4.3, with the exception of paragraph 4.3.13.1(1)(d), articles 4.3.13.5 and 4.3.15.2 and sentences 4.3.16.1(3) and (4);
(j) piping and transfer systems for flammable liquids and combustible liquids shall conform with section 4.4, with the exception of articles 4.4.6.2, 4.4.11.1 and 4.4.11.2; and
(k) flammable liquid and combustible liquid installations on piers and wharves shall conform with section 4.7, with the exception of article 4.7.10.2.
SOR/96-294, s. 2; SOR/2000-374, s. 5.
PART XI
CONFINED SPACES
Interpretation
11.1 In this Part,
“class of confined spaces” means a group of at least two confined spaces that are likely, by reason of their similarity, to present the same hazards to persons entering, exiting or occupying them; (catégorie d’espaces clos)
“confined space” means an enclosed or partially enclosed space that
(a) is not designed or intended for human occupancy except for the purpose of performing work,
(b) has restricted means of access and egress, and
(c) may become hazardous to any person entering it owing to
(i) its design, construction, location or atmosphere,
(ii) the materials or substances in it, or
(iii) any other conditions relating to it; (espace clos)
“hot work” means any work where flame is used or a source of ignition may be produced. (travail à chaud)
SOR/88-68, s. 14; SOR/88-632, s. 48(F); SOR/92-544, s. 1; SOR/95-286, s. 1(E).
Hot Work
11.9 (1) Unless a qualified person has determined that the work can be performed safely, hot work shall not be performed in a confined space that contains
(a) an explosive or flammable hazardous substance in a concentration in excess of 10 per cent of its lower explosive limit; or
(b) oxygen in a concentration in excess of 23 per cent.
(2) Where hot work is to be performed in a confined space that contains concentrations of flammable or explosive materials in excess of the concentration set out in paragraph (1)(a) or (b),
(a) a qualified person shall patrol the area surrounding the confined space and maintain a fire-protection watch in that area until all fire hazard has passed; and
(b) fire extinguishers specified as emergency equipment pursuant to paragraph 11.3(d) shall be provided in the area referred to in paragraph (a).
(3) Where an airborne hazardous substance may be produced by hot work in a confined space, no person shall enter or occupy the confined space unless
(a) section 11.10 is complied with; or
(b) the person uses a respiratory protective device that meets the requirements of sections 12.2, 12.3 and 12.7.
SOR/92-544, s. 1; SOR/95-286, s. 9; SOR/2002-208, s. 43(F).
PART XIII
TOOLS AND MACHINERY
Design, Construction, Operation and Use of Tools13.2 The exterior surface of any tool used by an employee in a fire hazard area shall be made of non-sparking material.
SOR/88-632, s. 54.
13.3 All portable electric tools used by employees shall meet the standards set out in CSA Standard CAN C22.2 No. 71.1-M89, Portable Electric Tools, the English version of which is dated September 1989 and the French version of which is dated February 1991.
SOR/94-263, s. 48.
13.5 All portable electric tools used by employees in a fire hazard area shall be marked as appropriate for use or designed for use in the area of that hazard.
PART XIV
MATERIALS HANDLING
Interpretation
14.1 In this Part,
“materials handling equipment” means equipment, including its supporting structures, auxiliary equipment and rigging devices, used to transport, lift, move or position persons, materials, goods or things and includes mobile equipment used to lift, hoist or position persons, but does not include an elevating device that is permanently installed in a building; (appareil de manutention)
“motorized hand-rider truck” means motorized materials handling equipment that is designed to be controlled by a walking or onboard operator; (chariot à conducteur porté ou accompagnant)
“operator” means a person who controls the operation of motorized or manual materials handling equipment and who has received or is receiving instruction and training in respect of the procedures referred to in subsection 14.23(1) or (3), as the case may be; (opérateur)
Fire Extinguishers
14.12 (1) An employer shall equip motorized materials handling equipment that is used for transporting or handling flammable substances with a dry chemical fire extinguisher.
(2) A fire extinguisher referred to in subsection (1) shall
(a) have not less than a 5 B, C rating as defined in the National Fire Code;
(b) meet the standards set out in section 6.2 of the National Fire Code; and
(c) be so located that it is readily accessible to the operator of the motorized materials handling equipment while the operator is in the operating position.
(3) Subsection (1) does not apply to motorized materials handling equipment that is used exclusively within a building that has the fire extinguishers required by Part XVII.
SOR/96-400, s. 1.
Housekeeping
14.36 The floor, cab and other occupied parts of motorized materials handling equipment shall be kept free of any grease, oil, materials, tools, equipment or other hazards that may cause an employee to slip or trip or may create a fire hazard or otherwise interfere with the safe operation of the equipment.
SOR/88-632, s. 65(F); SOR/96-400, s. 1.
DIVISION IV
STORAGE OF MATERIALS
14.50 (1) All materials, goods and things shall be stored in the work place in such a manner that the maximum safe load carrying capacity of the floor or other supporting structures is not exceeded.
(2) All materials, goods or things shall be stored and placed in such a manner that employees are not required manually to lift materials, goods or things in a manner that would lead to overextension of or excessive strain on the body.
(3) All materials, goods or things shall be stored in a manner so that
(a) light in the storage area is not reduced below the levels required by Part VI;
(b) there is no obstruction or encroachment of passageways, traffic lanes or exits;
(c) the safe operation of motorized or manual materials handling equipment is not impeded;
(d) the ready access to or the operation of fire fighting equipment is not obstructed;
(e) the operation of fixed fire protection equipment is not interfered with; and
(f) there is no risk to the health or safety of any employee.
SOR/96-400, s. 1; SOR/2002-208, s. 39.
PART XV
HAZARDOUS OCCURRENCE INVESTIGATION, RECORDING AND REPORTING
Telephone or Telex Reports
15.5 The employer shall report to a health and safety officer, by telephone or telex, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 15.4 that had one of the following results, as soon as possible but not later than 24 hours after becoming aware of that result, namely,
(a) the death of an employee;
(b) a disabling injury to two or more employees;
(c) the loss by an employee of a body member or a part thereof or the complete loss of the usefulness of a body member or a part thereof;
(d) the permanent impairment of a body function of an employee;
(e) an explosion;
(f) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or
(g) any damage to an elevating device that renders it unserviceable, or a free fall of an elevating device.
SOR/89-479, s. 1; SOR/94-263, s. 57; SOR/2002-208, s. 38.
Written Reports
15.8 (1) The employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information required by that form, including the results of the investigation referred to in paragraph 15.4(1)(a), where that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:
(a) a disabling injury to an employee;
(b) an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness;
(c) the implementation of rescue, revival or other similar emergency procedures; or
(d) a fire or an explosion.
(2) The employer shall submit a copy of the report referred to in subsection (1)
(a) without delay, to the work place committee or the health and safety representative; and
(b) within 14 days after the hazardous occurrence, to a health and safety officer at the regional office or district office.
SOR/89-479, s. 1; SOR/94-263, s. 59; SOR/2002-208, s. 33.
15.9 Where an accident referred to in subsection 15.4(2) results in a circumstance referred to in subsection 15.8(1), the employer shall, within 14 days after the receipt of the police report of the accident, submit a copy of that report to a health and safety officer at the regional office or district office.
SOR/89-479, s. 1; SOR/2002-208, s. 38.
