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CONDOCENTRIC: Smoke Detectors - Worth Restating
Responsibility for the installation and operation of smoke detectors in condominium units was clarified by the courts a few years ago, following two (2) separate fires in the same weekend in the same Etobicoke condominium corporation. While most condominium corporations take the responsibility of ensuring that smoke detectors are in place and functioning, it is still common to hear excuses (such as how difficult it is to gain access to units and how ominous the task would be given the size or nature of the particular condominium) when discussing responsibility for smoke detectors with Board members and property managers.
The tragic fire which claimed two young lives in a North York condominium earlier this month reminds us of this continued and ongoing responsibility. The evidence obtained from the fire investigation suggests that a smoke detector was not installed in the unit at that time even though the condominium records suggest that one had previously been installed.
Case law on this matter makes it clear that responsibility for the installation and operation of smoke detectors is joint, to be shared by the condominium corporation and the individual unit owner. The facts of this case should dispel any myths of hardship relating to smoke detectors. The condominium corporation in question contained 897 units (one of the largest condominium corporations in the country). The condominium corporation took steps to educate owners about fire safety and encouraged owners to install smoke detectors. The condominium corporation also arranged for the purchase of smoke detectors in bulk and made them available to unit owners at low prices.
Notwithstanding these actions, the condominium corporation was found to be at fault (with the unit owner). As the installation of smoke detectors is a public welfare concern, the court held that the condominium corporation had to show that it took all reasonable steps to avoid a particular result. The court also held that the reasonable steps had to have been carried out in relation to the particular unit where the fire occurred.
Case law does not clearly state what exactly must be done to satisfy its responsibilities regarding smoke detectors. As well, a unit inspection plan for one condominium corporation may not be suitable for another. Condominium corporations that have not already done so should develop a unit inspection plan, keep records particular to each unit and attempt to educate owners/residents of these, and similar life safety issues. Under the Condominium Act, condominium corporations have a right of entry into individual units. A unit where a smoke detector is found to be missing or not functioning should be treated similarly to a unit in need of maintenance and repair. Where necessary, appropriate enforcement under the Condominium Act should be taken.
From “Common Elements” Summer 2002
All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.
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