HomeMy WebLinkAboutESD-015-02
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ClfJ!igglOn
. REPORT
Meeting:
EMERGENCY AND FIRE SERVICES
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
SEPTEMBER 9. 2002
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10.12.6
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By-law #
Report #:
ESD-015-02 File #
Subject:
PUBLIC FIRE SAFETY GUIDELINE ON STAFFING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
THAT report ESD-015-02 be received for information; and
2.
THAT Council endorse the correspondence from the Township of Smith-
Ennismore-Lakefield.
Submitted by:
Reviewed by: 0 ~ - U l..,
Mic ael G. Creight , MC, CMM11 Franklin Wu, M.C.I.P.
Director Emergency & Fire Services Chief Administrative Officer
MGC:sr
907
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REPORT NO.: ESD-015-o2
PAGE 2
BACKGROUND AND COMMENT
At the Council meeting of June 24, 2002 Council considered a correspondence from the
Township of Smith-Ennismore-Lakefield regarding the Office of the Fire Marshal Public
Fire Safety Guideline 04-08-12. (Attachment #1). Smith-Ennismore-Lakefield, along
with other rural Municipalities, are concerned they would not be able to meet the
guideline if it was deemed to be a requirement. This guideline recommends that a
complement of 10 firefighters should be on the scene of a single family dwelling in 10
minutes.
As stated by Smith-Ennismore-Lakefield and discussed at the Ontario Fire Chiefs
Conference in May of this year, the guideline is extremely difficult for many rural
Municipalities to attain. Concern exists that, should any legal action result from a fire
response, this guideline will be used as the recommendation departments need to meet,
leaving these Municipalities in a position of liability.
The intent of the Fire Marshal, as staff understands, is for Municipalities to use
guidelines as a tool to make informed decisions related to the level of service they wish
to provide. These guidelines will also be used by the Ontario Fire Marshal to monitor
municipal fire protection to determine if Municipalities are meeting their responsibilities
under the Fire Protection and Prevention Act (FPPA).
The Fire Marshal, in his response to AMO, (Attachment #2), states his office is in the
process of clarifying the 10 in 10 Guideline. The intent is to develop a risk assessment
and resource rationalization process that can be used by Municipalities to assist them in
determining their fire protection needs. Once completed the draft will be circulated to
AMO and other agencies for comment.
Based on this correspondence and concerns related to meeting the 10 in 10 Guideline
for rural areas, staff would recommend endorsing the Township of Smith-Ennismore-
Lakefield's position. Many areas have similar concerns and the Fire Marshal's Office
needs to review this and other guidelines that could be seen as being too restrictive in
interpretation. Guidelines need to be just that, a parameter that allows Municipalities to
establish a level of service it wishes to provide to its residents, in accordance with the
FPPA.
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REPORT NO.: ESO-015-02
PAGE 3
Attachments:
Attachment #1 :
Attachment #2:
Correspondence from Township of Smith-Ennismore-Lakefield
Fire Marshal's Response to AMO
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506
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FAX NO, 416 971 6191
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P.O, Box 270
Britj~~north Ont.1Tio, KOL IHO
Phon.: (70S) 292-9507
Fax: (70S) 292-8964:
Ddivcry Addrces:
Sf1JTH ENNrSMORE LAKEF!ELD l:i1J529,28964 P.03
H-Trtkth~)f:I\IT :ttf i FlECET,!,'~iJ-
CORPORATION OF THE TOWNSrllP OF I " I
SMITH-ENNISMORE-LAKEFIELrJ 'c'I'I!. lOiJ<
EhIE!IGENCY" "i,,' ,"',
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NORMAN KYLE, Chl"r AdbliQislrative O'1ncer
JI\N1CE LA VALLEY, ClerkIDepaty Treasurer
R. LANE Y"''iCE, Manager of Fin.tldal Services
JOIll CHITTICK DENOBLE, Deputy Clerk
1310 Cenlro Lln~. R-R.if4. P.terboraugh, On!llrlo, K91 6X5
June 13, 2002
TO: Honourable Minister Chris Hodgson
Gary Stewart M.P.P.
AMO
ROMA
All OntarIo Municipalities
RE: Minister of Public Safety and Security
Public Fire Safety Guideline 04-08-12
December 2001 and March 2000
Pleose flneI enclosed a copy of a letter being forwarded to the Minister of Public Safety
,:md Security
The Township of Smith-Ennismore-Lakefield, located in Peterborough County, is
requesting your support to our request as set out in the enclosed letter to the Minister.
We would further request that if your support is given, that you notifY the Minister and
your local M.P,P., with a copy to the Township.
-(hank you for your consideratIon of thIs very important local government Issue.
YOurs truly
17; /< /ff1
Norman K. Kyle
CAO
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FAX NO. 416 971 6191 p, 04
911 Tri ENN 1 SMClRf.: LRKEF I ELD 171352928964 P. 04
CORPORATION OIl' THE TOWNSHIP OF
SMITH-ENNIS MORE-LAKE FIELD
p.o. Box 270
Bd<ioenorth Omarj~, KOL 1 HO
f'i.,,,;~: (70S) 2n.9507
Fox: (7QS) 292-8964:
Ddivory Addr~>s:
NOR.\(lAN KYLE, Chief Administrative Officer
JANICE LA VALLEY, ClerkIDeputy Tr'ea,uTer
R. LANE VANCE, Maneger of Flnaneial Servlee.
JODI CHITTICK DENOBLE, Deputy Clerk
1310 Centre Lino. R.R./14. Peterborough, Ontario, K9J 6X5
June 13, 2002
Minister of Public Safety and Security
Honourable Bob Runciman, M.P.P.
George Drew Building
181h Floor
25 Grosvernof Street
TO((Jnto, OnLario
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RE: Ministry of the Solicitor General
Public Fire Safety Guideline 04-08-12
December 2001 and March 2000
The Township of Smith-Ennlsmore-lakefleld, together with many other municipalities in
Ontdrio who prOvide fire protection services with volunteer firefighters, have a great
concern with the above referred to Guideline dated December 2001.
The guideline In part requires a minimum of 10 firefighters on the fire emergency scene
within 10 minutes of the originating reported emergency where the area Is serviced
with fire hydrants. If the area Is not serviced by fire hYdrants, as Is most of rural
Ol1tarlo, then we require additional firefighters for water supply. Placing a 10 mJnute
time period in the gUideline produces a great Munlctpalllabillty and opens the door for
liability Insurance claims against the MuniCipality.
Our Township with a population of approximCltely 15,000 has five fire halls, two full
time employees and a compliment of approximately 90 volunteer firefighters. We also
have two service agreements with neighbouring municipalities who may be able to
Provide a more timely response. The bUdget for fire protection Is in excess of
$800,000. a year. To put thIs in perspectivE'l, the police budget Is approximately
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If all the volunteers were full time the fire budget would be greater than the present
municipal budget for all municipal servIces and we would still not be able to meet the
said Guideline.
The Guideline does provide alternatives to the 10 minute time period if the same cannot
he met. These alternatives are enhancements to public safety In the form of public
educ.Jtion and prevention and/or safety standard enforcements. We prOVide these
services now as part of our fire prevenlion program, but the question is when you are
ca:Jed to court 0/1 a liability issue have you done enough and in whose opinion. How do
you prove you 11ad contact or provided the alternative enhancements to a particular
person who suffers a fire loss or injury?
The original guideline dated March 2000 did not refer to a specific amount of time but
did state that time Is a critical component of a fire response. This type of wording in a
guideline would remove a great deal of the liability issue that r referred to above.
WE have had an Incident where representatives from the office of the Fire Marshal have
done research Into our fire responses. This representative has left information with the
Fire Chief setting aut lines Of defense in order to achieve compliance with the December
2001 guideline and 11e states that a further assessment will need to be done within the
next 6 months to a year. From the infOrmation left I wouid assume that In Dreier to
comply with the recommendation the Township budget for fire services would have to
(j(1uble.
The direction given to the Township by the representative of the Fire Marshals Office
would establish two levels of service in our Township for many different areas. These
areas would be Impossible to IdentitY and at the same time all ratepayers woUld have to
contribute through taxes on the same basis. It is clearly an impossible situation that
our municipality has been plaCed in.
Local government did not believe that the fire Protection and Preventlon Act 1997 was
put in place to have the Minister dictate the daily operations and bUdgets for fire
services in our municipalities. Yes we felt l:t1at health and safety issues of firefighters
are of a grave concern to all and to this end we agree with a majOrity of the provisions
in the act.
In r~ards to Section 11(2) & (3) of the act (duty to report) we felt that this section
WLlS to provide Information to the Fire Marshal for statistic pUrposes which was the case
In tile past. We do not believe this section should be used to dictate the dally operation
of the Fire Department and the resulting Budget.
When we went through the re-alignment of services to the Ontario taxpayers it was not
anticipated that Fire Department budgets would have to be increased to the extent that
they would be larger for fire services than pOlice services in rural Ontario.
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FAX NO. 416 971 6191 p, 06
SM ITH Ei'IN I SMClRl, U'1KEF I ELD 171052'328'364 P. 106
I do stats that because of amalgamation, our Fire Department budget, In order to
provIde our level of service, has increased dramatically. The present level of service Is
very acceptable to our residents.
r therefore request the following;
1. That tl1e Guideline 04-08-12 Dec. 2001 be Immediately amended to remove the
reference to 10 mInutes and In its place use wording similar to that as was set
out in the Guideline dated March 2000.
2. That the Ministry of Public Safety and Security consult with its partners in local
government in the Issuance of amendments to the fire PreventJon Act and
Guidelines so that the act and gUidelines are workable In local government and
will accomplish the purpose for which they are being Implemented. This will
remove any hidden agenda that is being brought forward In present and future
legislation and guidelines.
Reflresentatlon from the Petcrborough are/) fire services, both full time and part time,
depaltmcnts offer our expertise to you as pllrtIlers In the provision of services to our
common taxpayers.
In dosing I provide the following comment with respect to "guidelines" Issued by your
r"linistry, If representatives of your MinIstry continue to take "guidelines" and apply
them as "reqUirements" then muniCipalities across Ontario will surely find themselves in
dn unenviable position In the courts.
We look forward to your positive response and action on this matter before we find
oUrs€lves Involved with a liability issue before the courts resUlting from guidelines that
flow from the Fire Protection and Prevention Act.
Yours In focal government
c;;; ~ If<
Norman K. Kyle
CAO
NKK:he
ce. Hon. Minister Chris HOdgson
Gary Stewart, M.P.P.
AMO
All Ontario Municipalities
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.tt. FAX NO, 416 97rClJa..511tL23 Pt~ 3:40:!i~ 01/04
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Tel: (416) 13" .085G . r;1~: (416) ~./1-61 ~ 1
Ctll~i~' 3rY\o@:amo.nlunlcom.ccrr,
To the immediate aliention of the Clerk and Council.
July 22.2002 - FYI 02/017
FIRE MARSHAL RESPONDS TO AMO ON 10-IN-10 GUIDELINE
ISSUE: Public Fire SDlcty Guideline on Stnffing - Single Family Dwellings (th'~ 10-in-10
Response Time Guideline).
8ACI{GROllND:
As no led in n .June 21, 2002 Members' Alert (02/031), the Fire Marshal of Ontario, Bernard A,
Moylo, allendecl the June AMO Board meeting to discuss the 1 O-in-1 0 Guideline, as there is much
confusion in the municipal sector about the Guideline and its status. Many_are_unsure.-as, to
whether il is () "best practice" or a required standard. ~~,:.r::;"~UT!ON :
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Allhc Board meetin9, (he Fire Marsh81 agreed to write AMO to providf ,{fJrt~w clarifi ation ab ut
lhe Guideline and its status. The Association h8S now received the correspondence:" .,,, ,,' ;
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Letter from the Office of the Fire Marshal
July 19. 2002
Arm MulviJlc, President
Associi)tion of Municipc.lities of Ontario
:,93 Ul1iv"rsity Avenue, Suile 1701
Toronlo, ON M5G 1 E6
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Dear Ms, Mulvale:
Rc: Public Fire Safety Guideline 04-40-12, Staffing-
Single Family Dwellings (10 Firefighters In 10 Minutes, 90% of the Time)
"..- -- .."..,~,.
Thank YOll for the opportunity to mccl with YOll and tllle AMO Board of Directors on Friday, June 21, 2002, to
clilrify the OFM Public Fire S<:lfGty Guideline of 10 firofighters in 10 minutes 90% of the time. I am responding
to your Association's request to clarify the OFM position on this issue in writing.
Mlmicipill responsibility for fIre protection services is ,.et out in section 2 of the Fire Protecfion Dnd Prevention
Act, 1997(FPPA).
2. (1) EV0ry mllnicipality 511811,
(a) cst3blisll ;) program in the municipality whidl must include public education with respect to fire
safGty and certain components or fire pr(Nention; and
(b) provide SlJch other lire prolection "ervices os it determines may be necessary in accordance With
its needs Dnn circumstances.
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Tilet,E! provisions of the FPPA recognize that the fire protection needs and circumstances vary from
rnunicipcJlily to municipality. For example, the fire protection delivery system would be significantly different
in n smnll rural community as opposed to a larger urban centre. The 10 in 10 guideline is not intElI1ded to be
a unilc'rm standmd, but we recommend that it be used as a point ot reterence during the risk assessment
and resource ralionalizntion process, to guide effective decision- making and to demonstrate due diligence.
1l is Cl rnunicipalily's responsibility to determine the type and level of service required, to fund I:hat service
and 1:0 en";ure compliance wilh the FPPA. By going through a risk assessment and resource rationalization
procl";s. muniCilX\lities can objectively identify 1:I',e;r current staffing capabilities and opportunities available
to imrroV(; their emergency response capability, if ,my,
The FPPf, <,1m defines duties, ~owers and responsibilities for the Office of the Fire Marshal. The FPPA
provid0s the Fire Marshal with discretionary power to review and monitor municipal fire protection services
to det,~rmlne whelher they meet the mnndated requirements of the FPPA. As well, the OFM has a
responsibility to pro',ide <ldvice and assistance to municipalities.
The guidelines produced by the Office of the Fire M".rsh<ll are developed using a consultative process and
are designed to <Jssist municipalities to make inforrned decisions about their fire protection delivery system.
To dal:e, 73 public safely guidelines Ilave been produc8d. The guidelines can be used as a benchmark, as a
point of reference to guide the decision-mClking process, or can be viewed as a best practice, whore
appropriate.
My OFfice US8S t/1C public fire safety guidelines to review and monitor municipal fire protection services to
determine If municipalities me meeting their responsibilities under the FPPA but our assessments also take
into account the variations in local needs ;:md circumstances. For example, due to their inherent fire risks,
lorgo urban municipal fire depmtments typic<llly respond with fimfighters and vehicles in greater numbers
and in shorter timcfmmes ttran Lho recommendations contained in the 10 in 10 guideline. However. it is
2.1so recognized 11Y their very nature smaller cornpo~,itelvolunteer fire departments may not be able to meet
the guirJelillo duo to variable response rates by firefighters or other clrcumslances, such as, responses to
localiolls Ihnt will take well in excess of the 1 O-minute timeframe.
During the course of the OFM's monitoring and review activities, this guideline may be used as a
benchmark. rather than a point of reterence, but only in those instances where, on a case-by-case basis, it
is determined lo m81ch the needs and circumstances of the municipality, Where this guideline is used as a
benclmmlK, the municipnlity is advised accordingly.
When st<.rfinrl deficiencies are identified by the OFM, flexible options and recommendations are presented
to tho municipality for their consideration. For example, the municipality may choose to recruit addition<ll
volunteerslp3rHimo firefighters or the hiring of some full-time firefighters may be warranted. In other cases.
all that may be needed is adjustments to tl\e existing delivery system to satisfy the OFM's
recommend<llions. In all cases, it is a policy of my ofnce to work cooperatively with municipalities to achieve
the optimum level of fire protection for the community. In rare cases, Provincial regulatory authority can be
excrCi~;()(1 where there Is a c10ar and identifiable threat to public safety that a municipality or municipalities
fail to odeJress,
My OHien is in the process of clarifying the 10 in 10 [Juidelinc 1lnd developing a risk assessment and
resource rationalization process that can be used by muniCipalities to assist them in determining their fire
protection neGds. When these documents hnve !Jcen developed in draft form, they will be distributed to
AMO anel our olrler fire service stnl(ellOlders for comment. Once the comments have been received, the
dOcllmenls will be finnlizecl amt distributed to the stakeholders.
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Due to the number of issues that tlClVC been raised Dbout the FPPA, I believe there is a need to improve
communicAtions between our organizations. My attendance at the upcoming AMO conference is a good
start. Further it is our intention to enter into extensive diOllogue with all stakeholders to ensure that the draft
guideline's scope and application is clear and that all stakeholder issues and concerns are considered prior
to HIe finalization of tho document.
,'l,s 1 indicnled 10 you and the Executive Committee, members of my Office would be pleased to meet at any
timo with rCl'rcsentnlives of AMO to continue with reaular discussions about issues related to fire prolection.
Thank you for the opportunity to clarify the OFM's position on this issue.
Yours truly,
Original ~.igned by Bernard Moyle
Bern~1rd A Moyle
Fire Mnrshnl of OntZlrio
If you have further questions about the 10-in-10 Guideline, or other Public Fire Safety Guidelines,
please attond the St<lndards and Best Practicos in Emergency Services workshop at the AMO
Annual conference at the Fairrnont Royal York Hotel. The workshop, which will be held between
10:30 a ,111. Gnd 12:00 noon on Monday, Augusl 19th, will include a presentation by the Fire
Marshlll.
TlJi8 ill(ommtiol1 is avsih"blo through AMO's subscriptiofl based MUN/COM network fJt www.mllrlicoll1.c;.Q.(n
For ffJrllwr Information, please comacl: Jeff Fisher, AMO Sonior Policy Advisor al416l971-9856 ex\. 315,
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