Fire Prevention Regulations

Regulation
Registration
R-065-93
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Fire Prevention Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

  • s.1 amended by R-032-2003,s.2
  • s.1.1 amended by R-032-2003,s.2
  • s.2 amended by R-032-2003,s.3
  • s.2 amended by R-006-2008,s.2
  • s.2 amended by R-009-2008,s.2
  • s.2 amended by R-035-2010,s.2 in force July 1, 2010
  • s.2 amended by R-101-2010,s.2,3 in force April 1, 2011
  • s.2 amended by R-008-2012,s.2
  • s.2 amended by R-103-2016,s.2 in force Nov. 15, 2016
  • s.2 amended by R-072-2017,s.2 in force Oct. 1, 2017
  • s.2 amended by R-087-2024,s.2 in force Oct. 1, 2024
  • s.3 amended by R-032-2003,s.3
  • s.3 amended by R-101-2010,s.4 in force April 1, 2011
  • s.3.1 amended by R-032-2003,s.3
  • s.3.1 amended by R-006-2008,s.3
  • s.3.1 amended by R-101-2010,s.2,3 in force April 1, 2011
  • s.3.1 amended by R-008-2012,s.3
  • s.3.1 amended by R-103-2016,s.3(1),(4) in force Nov. 15, 2016
  • s.3.1 amended by R-087-2024,s.3 in force Oct. 1, 2024
  • s.3.2 amended by R-032-2003,s.3
  • s.7 repealed by R-032-2003,s.4
Contents
1. 1 1.1. 1.1 2. 2 3. 3 3.1. 3.1 3.2. 3.2 4. 4 5. 5 6. 6 7. Repealed

Interpretation

1.

In these regulations, "Act" means the Fire Prevention Act. R-032-2003,s.2.

1.1.

The definitions contained in the publications mentioned in subsection 2(1) apply with such modifications as the circumstances require to these regulations. R-032-2003,s.2.

Recognized Codes and Standards

2.

(1) The following codes and standards are adopted as amended from time to time:

(a) National Building Code of Canada 2020, published by the National Research Council of Canada;

(b) National Fire Code of Canada 2020, published by the National Research Council of Canada;

(c) Repealed, R-103-2016,s.2;

(d) Repealed, R-103-2016,s.2;

(e) Underwriters’ Laboratories of Canada CAN/ULC-S515-04 Automobile Fire Fighting Apparatus;

(f) National Fire Protection Association NFPA 1981 Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services, 2007 Edition;

(g) Canadian Standards Association CSA-Z94.4-02 Selection, Use and Care of Respirators;

(h) National Fire Protection Association NFPA 1971 Standard on Protective Ensemble for Structural Fire Fighting, 2000 Edition;

(i) National Fire Protection Association NFPA 1975 Standard on Station/Work Uniforms for Fire and Emergency Services, 2004 Edition;

(j) Repealed, R-072-2017,s.2;

(k) Underwriters’ Laboratories of Canada ULC-S513-1978 Standard for Threaded Couplings for 1½ and 2½-inch Fire Hose, 1978 Edition;

(l) Repealed, R-009-2008,s.2.

(2) In the codes and standards adopted by subsection (1), "authority having jurisdiction" means the Fire Marshal. R-032-2003,s.3; R-006-2008,s.2; R-009-2008,s.2; R-035-2010,s.2; R-101-2010,s.2,3; R-008-2012,s.2; R-103-2016,s.2; R-072-2017,s.2; R-087-2024,s.2.

General

3.

All structures in the Northwest Territories must be constructed, altered and repaired in accordance with the applicable codes and standards adopted by subsection 2(1). R-032-2003,s.3; R-101-2010,s.4.

3.1.

(1) In this section, "single-family dwelling" means a detached structure consisting of one dwelling unit used or intended to be used for residential occupancy, as defined in the National Building Code of Canada 2020, published by the National Research Council of Canada, as amended from time to time.

(2) The following classes of construction, alteration or repair of structures are exempt from the requirement to submit a description of proposed work in subsection 5.1(1) of the Act:

(a) Class 1 - the construction, alteration or repair of a single-family dwelling that is not used or intended to be used

(i) as a lodging-house or rooming- house, or

(ii) for a business and personal services occupancy, industrial occupancy or mercantile occupancy, as defined in the National Building Code of Canada 2020, published by the National Research Council of Canada, as amended from time to time, in relation to which a member of the public attends or will attend at the dwelling more than once a month;

(b) Class 2 - the construction, alteration or repair of a structure that is ancillary to a structure in Class 1, including, but not limited to, a garage, shed or deck, if the structure is not used or intended to be used

(i) for a business and personal services occupancy, industrial occupancy or mercantile occupancy, as defined in the National Building Code of Canada 2020, published by the National Research Council of Canada, as amended from time to time, in relation to which a member of the public attends or will attend at the structure more than once a month, or

(ii) for the storage of flammable explosive or combustible materials or substances in quantities exceeding those permitted under section 3 of the National Fire Code of Canada 2020, published by the National Research Council of Canada, as amended from time to time;

(c) Class 3 - the construction, alteration or repair of a structure used or intended to be used solely for storage if the structure

(i) is smaller in building area than 10m2, and

(ii) is not used or intended to be used for the storage of flammable, explosive or combustible materials or substances.

R-032-2003,s.3; R-006-2008,s.3; R-101-2010,s.2,3; R-008-2012,s.3; R-103-2016,s.3(1),(4); R-087-2024,s.3.

3.2.

(1) If a person intends to change the use or occupancy of a structure, the construction, alteration or repair of which was exempt under subsection 3.1(2), to a use or occupancy that is not described in that subsection, he or she shall, before changing the use or occupancy, advise the Fire Marshal in writing of the proposed change.

(2) Where the Fire Marshal directs, the person referred to in subsection (1) shall provide to the Fire Marshal such information as the Fire Marshal may request relating to the use or occupancy of the structure and to the structure, including copies of any plans and specifications relating to the construction, alteration or repair of the structure.

(3) A person shall not change the use or occupancy of a structure referred to in subsection (1) until

(a) the Fire Marshal has notified the person that no additional information is required; or

(b) the Fire Marshal has reviewed the information provided under subsection (2) and reported in writing to the person on the review. R-032-2003,s.3.

4.

No person shall construct or equip a building or structure unless it is in accordance with these regulations.

5.

(1) In temporary or emergency situations, the Fire Marshal may give his or her written consent to the construction of temporary buildings that do not comply with the minimum standards prescribed by these regulations.

(2) The consent referred to in this section shall not be for a period exceeding two years, and may be renewed by the Fire Marshal for two additional one year periods.

(3) Any temporary building referred to in this section shall be constructed to comply with such standards as the Fire Marshal may decide and shall be restricted in its use to the use or uses that the Fire Marshal directs.

6.

Any decision of the Fire Marshal made under these regulations may be appealed by a party affected by the decision in the manner provided in section 15 of the Fire Prevention Act.

7.

Repealed, R-032-2003,s.4.