I recently had the pleasure of writing an article for the Remi Network regarding Fire Code violations: common violations, how to prevent them, and how to address them.
Check out this must read article here: Fire code violations threaten condo safety – REMI Network
While it is easy to say “do this” or “don’t forget to do that” with respect to fire code compliance, oftentimes condo corporations, and their management companies, rely on third-party contractors to:
- conduct routine inspections and test fire alarms, sprinklers, and other fire suppression systems;
- review fire safety plans and ensure they are up to date, as required; and
- create and provide written records to condo corporations.
Fire contractors play a vital role in making sure condo corporations remain compliant with the Fire Code. This brings us to the importance of reviewing (and having the experts review) fire contractor agreements to ensure that, not only are the contractors completing the tasks required by the Fire Code, but also that there are remedies available to corporations if they are not.
Given the increased number of fire code violations, it is imperative that these agreements have indemnification clauses in favour of the condo corporations to ensure that the contractors take responsibility for any mistakes, violations, or failures to comply with the Fire Code that may occur and that are within the scope of their duties.
What to look for in Fire Contractor Agreements:
- strong indemnification clauses;
- clear terms of service;
- insurance requirements;
- liability for fines;
- regular compliance checks; and
- clear deadlines and response times (particularly for providing written records to the corporation).
Fire safety in condo corporations is no small matter. While the Condominium Act makes it clear that the corporation has a responsibility to manage the common elements and assets, it’s not always easy to ensure compliance with the complex and evolving fire code regulations. Third-party contractors can help manage this process, but it’s critical that their contracts include indemnification clauses to protect the corporation from costly violations, fines, and other liabilities.
By reviewing and negotiating these agreements carefully, condominium corporations can significantly reduce their risk and ensure that fire safety remains a top priority. Remember, fire safety isn’t just about compliance, it’s about protecting the lives and well-being of all those who call the condo home.
If you’re unsure about your current fire safety agreements, consider consulting your lawyer and/or fire code expert to help ensure your condo corporation is adequately protected.
