The Importance of a Fire Safety Plan

From November 27, 2025 to December 15, 2025, a stubborn and complex fire smoldered – like a burning cigar – in combustible particle board located in a narrow expansion joint between two connected high-rise condominium buildings in Toronto.

Due to smoke and risks related to carbon monoxide, 408 condominium units were evacuated and 200 condominium residents were displaced for a number of weeks.

In March of this year, following an investigation by Toronto Fire Services, charges were laid under the Ontario Fire Code (the “Fire Code”) against three organizations:

1. A construction firm – for allegedly following construction practices that contravened the Fire Code and caused the fire.
2. A condominium corporation – for allegedly failing to implement the condominium’s fire safety plan (namely, failing to provide prompt notice to fire officials following the engagement of the building’s fire safety systems).
3. A condominium manager – also for allegedly failing to implement the condominium’s fire safety plan.

For condominium corporations and condominium managers, key takeaways are as follows:

Many buildings are required to have, and to implement, fire safety plans. Under the Fire Code these obligations fall upon the building “owner”. The term “owner” is defined, in the Fire Code, as follows:

Owner means 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.

Condominium corporations and managers generally fall within this definition. 

So in summary: Condominium corporations and managers are generally “co-owners” of the common elements and the units (along with the unit owners), for purposes of the Fire Code. Therefore: In cases where a fire safety plan is required, the condominium corporation and the manager are generally responsible to prepare and implement the plan.

When is a fire safety plan required?

Many (but not all) buildings require fire safety plans. The buildings that require a fire safety plan are listed in Division B, Section 2.8 of the Fire Code. Among others, the following types of buildings require fire safety plans:

• a residential occupancy where the occupant load exceeds 10.
• a business and personal services occupancy where the occupant load exceeds 300.

For townhomes: A fire safety plan is generally not required, if

• Each townhome has its own independent exits to the outside.
• The townhomes are less than 4 stories in height.
• There are no shared corridors or exit stairs; and no common fire alarm system; AND
• There is no shared garage.

In the above circumstances, each townhome is normally considered to be a separate residential occupancy (with an occupant load that will typically be less than 10). Therefore, a fire safety plan is normally not required in such cases.

If in doubt, your local fire department can quickly tell you if a particular building requires a fire safety plan. 

What does a fire safety plan comprise?

The precise elements of a fire safety plan will depend upon the type of building.  But a fire safety plan generally includes the following elements:

1. A description of emergency procedures, including evacuation procedures, how to activate the fire alarm, and notifying the fire department.
2. Identification of supervisory staff and their roles in an emergency.
3. A description of the building’s fire safety systems.
4. Maintenance, inspection and testing procedures for the building’s fire safety systems.
5. Identification of fire hazards and how to control them.
6. Frequency and manner of fire drills and training.
7. Building floor plans and schematics, showing fire escape routes and other fire safety features in the building.
8. Details about administration of the fire safety plan, including where the plan is kept and when it is reviewed.

The plan must be reviewed and approved by the Chief Fire Official or delegated fire department authority; and it must be kept current, reviewed at least annually, and updated after renovations, system changes, or staffing changes.

Again, condominium corporations and managers are generally responsible for preparing and implementing fire safety plans (when they are required). 

As is demonstrated by the Toronto fire incident described above, non-compliance can result in charges, with resulting fines and even jail. [The fines also increase with a “subsequent offence”.]

Condominium Directors and Officers can also be charged personally if they know the corporation is non‑compliant, and they allow the violation to continue.  

The risk of charges under the Fire Code is of course is in addition to risks of harm to persons or property, and resulting risks of claims.  In most cases, the condominium corporation’s insurance should respond to fire damage to standard units and common elements (subject to the corporation’s deductible). However, the corporation’s insurance generally will not provide coverage for required alternate accommodation due to a fire.  In other cases of damage to persons or property (not covered by the condominium corporation’s insurance), complex liability and insurance issues may arise (which would need to be evaluated on a case-by-case basis).

The bottom line for condominium corporations and managers is: Be sure that you understand and implement the requirements for a fire safety plan in your building. When in doubt, seek direction from the local fire department.

Stay tuned to Condo Law News to keep up to date on the latest developments on condominium law!