The renovation was done by a previous owner. Does that help?

It is relevant, but the current owner generally remains responsible for the condition of the building. Purchase documents, prior permits, and engineering opinions help establish when the work happened and what approvals existed.

Do I need a permit to close a penetration in a fire separation?

Repairs are usually expected to restore the rated assembly using approved materials and methods. Whether a permit is required depends on the scope, so confirm with the local building department before starting work.

What if the extra unit existed before the current Code?

Existing-building provisions and retrofit requirements can apply differently depending on age, occupancy, and past approvals. Historic records, assessment rolls, and prior inspection files are often the strongest evidence.

Fire Code matters

Building & Structures

Structural allegations tend to arrive after a renovation, a change in how space is used, or a complaint about an added unit. The dispute is rarely about whether a wall exists — it is about whether the assembly still performs the job it was built to do, and who is responsible for the change.

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Concrete fire-rated stairwell and separation wall in a multi-unit building under inspection

What the Code expects

Fire separations and rated assemblies kept intact, including penetrations and service holes.
Self-closing and rated doors that latch and are not wedged or removed.
Occupancy and use consistent with what the space was approved for.
Alterations completed with the permits and approvals the work required.

What is typically alleged

Compromising a required fire separation.
Removing, blocking, or defeating a self-closing device on a rated door.
Creating additional dwelling units without the required protection.
Failing to comply with an inspector's order to restore an assembly.

Evidence that matters

Permits, drawings, and prior approvals for the space as it stands today.
Dates of construction, since obligations differ for older buildings.
Reports from a designer, engineer, or contractor on actual performance.
Ownership, leases, and management agreements that show who controlled the work.

Possible outcomes

Withdrawal once the assembly is restored and verified by a qualified trade.
Agreed compliance schedule that avoids duplicated or overlapping counts.
Reduced penalty where the condition predates your ownership or tenancy.
A defence built on approvals, grandfathering, or the absence of control.

This page is general information about Ontario Fire Code subject areas, not legal advice. Requirements vary with building age, occupancy, and approvals, and outcomes depend entirely on the facts and evidence in your own matter.

Building & Structures — common questions

The renovation was done by a previous owner. Does that help?: It is relevant, but the current owner generally remains responsible for the condition of the building. Purchase documents, prior permits, and engineering opinions help establish when the work happened and what approvals existed.
Do I need a permit to close a penetration in a fire separation?: Repairs are usually expected to restore the rated assembly using approved materials and methods. Whether a permit is required depends on the scope, so confirm with the local building department before starting work.
What if the extra unit existed before the current Code?: Existing-building provisions and retrofit requirements can apply differently depending on age, occupancy, and past approvals. Historic records, assessment rolls, and prior inspection files are often the strongest evidence.

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