Fire Safety Inspections (2014) Regulation

Fire Safety Inspections (2014) Regulation, M.R. 208/2014 The Fires Prevention and Emergency Response Act , C.C.S.M. c. F80 Regulation 208/2014 Registered August 11, 2014 bilingual version (HTML) Table of Contents Section 1 Buildings that must be inspected 2 High hazard occupancies to be inspected 3 Application: multi-use buildings 4 Buildings inspected by fire commissioner 4.1 Delegation re performance of fire safety inspections 5 Repeal Buildings that must be inspected 1(1) For a building within its boundaries, a local authority must ensure that a fire safety inspection of the building is conducted at least once in each inspection period specified in column 1 of the following Table, if the building is used as described opposite in column 2: Table Column 1 Inspection Period Column 2 Building Use 12 months Elderly persons' housing unit or hostel, as defined in The Elderly and Infirm Persons' Housing Act 12 months Child care centre licensed under The Community Child Care Standards Act 12 months Personal care home, as defined in The Health Services Insurance Act 12 months Home-type care occupancy 12 months Hospital 36 months Licensed premises, as defined in The Liquor, Gaming and Cannabis Control Act 36 months Public or independent school, as defined in The Education Administration Act 36 months Recreation centre, including without limitation, an arena, curling rink and community club 36 months Hotel or motel 36 months Restaurant located in a building that contains one or more dwelling units 1(2) The inspection period in column 1 of the Table starts on the later of (a) the day the use of the building, as described in column 2 of the Table, starts; or (b) the day the building was most recently inspected. 1(3) In this section, "home-type care occupancy" includes the following: (a) a home-type care occupancy, as defined in the most recent version of the Manitoba Fire Code made under The Fires Prevention and Emergency Response Act ; (b) a residential care facility, other than a host family home, operating under a licence or letter of approval issued under The Social Services Administration Act ; (c) a child care facility operating under a licence issued under the Child Care Facilities (Other than Foster Homes) Licencing Regulation , Manitoba Regulation 17/99; (d) a child care facility or other building in which children may be placed by an Indigenous service provider, as defined in The Child and Family Services Act , for full-time care and supervision substantially similar to that provided in a child care facility described in clause (c); but does not include an occupancy or use that is a detention occupancy or a treatment occupancy, both as defined in the most recent version of the Manitoba Fire Code made under The Fires Prevention and Emergency Response Act . M.R. 220/2015 ; 3/2021 ; 81/2023 High hazard occupancies to be inspected 2(1) A local authority must ensure that a fire safety inspection of a high-hazard industrial occupancy within its boundaries is conducted at least once in each of the following inspection periods: (a) the period beginning on the coming into force of this section and ending on July 1, 2017; (b) each 24-month period after July 1, 2017. 2(2) As an exception to subsection (1), a local authority must ensure that a fire safety inspection of a high-hazard industrial occupancy within its boundaries that starts on or after July 1, 2015, is conducted at least once in each of the following inspection periods: (a) the 24-month period following the start of the high-hazard industrial occupancy; (b) each 24-month period after the inspection conducted under clause (a). 2(3) In this section, " high-hazard industrial occupancy " means a building that is classified as belonging to Group F, Division 1 – High-hazard industrial occupancies, as referred to in Table 3.1.2.1., "Major Occupancy Classification" of the most recent version of the Manitoba Building Code made under The Buildings Act . M.R. 3/2021 ; 81/2023 Application: multi-use buildings 3(1) If a portion of building is used as described in sections 1 or 2 and the rest of the building is used differently, then the requirement to conduct a fire safety inspection applies only to the portion of the building used as described in sections 1 or 2. 3(2) If two or more of the uses described in section 1 or 2 are in the same building, the portion of the building used for each particular use must be inspected with the frequency specified in the applicable provision of section 1 or 2. Buildings inspected by fire commissioner 4 A building situated on land owned by His Majesty in right of Manitoba or Manitoba Hydro is, for the purposes of subsection 21(3) of The Fires Prevention and Emergency Response Act , a building that is to be inspected by the fire commissioner or a person authorized in writing by the fire commissioner. Delegation re performance of fire safety inspections 4.1 A local assistant described in clause 23(1)⁠(a) of The Fires Prevention and Emergency Response Act may delegate their powers, duties and functions under the Act for fire safety inspections to an individual who is not an employee of the local authority only if the individual has (a) successfully completed a training program offered or recognized by the fire commissioner respecting fire safety inspections; or (b) the equivalent training and experience necessary, as approved by the fire commissioner, to appropriately conduct fire safety inspections. M.R. 3/2021 Repeal 5 The Fire Safety Inspections Regulation , Manitoba Regulation 73/2007, is repealed.