What to know
- Toronto landlord Carolyn Krebs was sentenced to 15 days in custody and ordered to pay a $120,000 fine after failing to comply with Ontario fire safety regulations.
- One expert says Ontario landlords are responsible for maintaining smoke alarms, fire detectors, escape routes and other fire protection systems, with rules varying depending on the type of property.
- Tenants are encouraged to document fire safety concerns, notify landlords in writing and contact local fire services in urgent situations where safety may be at risk.
- If landlords fail to address non-urgent maintenance issues, tenants can file a T6 maintenance application through the Landlord and Tenant Board, though processing times can be lengthy.
- One realtor says jail time and six-figure fines are uncommon in these cases, suggesting the province and city are trying to send a strong message about landlord accountability and tenant safety.
A landlord who owns an apartment building in Toronto is facing jail time after she failed to comply with fire safety requirements, and one expert is sharing what rules Ontario landlords have to follow to avoid similar issues.
Earlier this week, Carolyn Krebs, the owner of an apartment building at 608 Dawes Rd. in Toronto, was sentenced by the Provincial Offences Court to 15 days in custody and ordered to pay a $120,000 fine after failing to comply with the Ontario Fire Protection and Prevention Act. She will also be required to pay a 25 per cent fine surcharge per victim.
In a media release shared with Now Toronto, Toronto Fire Services Chief Jim Jessop said the outcome in this case reinforces owners’ responsibility to maintain their properties.
“Compliance with the Ontario Fire Code is a legal requirement, and ongoing inspections and proper maintenance of fire protection systems are essential to reducing risk and protecting residents and responding firefighters,” he said.
Krebs is the owner of another building at 500 Dawes Rd., which Toronto Fire says is also subject to ongoing enforcement action due to fire safety concerns.
What fire safety rules landlords must follow
Toronto-based realtor Will Doyle tells Now Toronto that fire safety requirements for landlords vary depending on the type of property they own.
Those who own large buildings, which is the case for Krebs, might need to be on top of more rules. According to Doyle, these landlords are in charge of fire protection for the whole building, inside and outside of individual units. This includes maintaining smoke and fire alarms, detectors, block balconies, and fire escape routes.
In most cases, when the landlord owns only the individual condo unit, they are just responsible for fire safety tools within the unit’s walls. This includes making sure fire and smoke detectors are functioning and up to date.
“The condo board would be responsible for all the common areas, the hallways, the elevators, the lobby, stuff like that,” Doyle added.
Meanwhile, rules also differ for landlords who own detached homes where tenants might be living in the basement, regardless of whether the landlord lives in the unit above or not. On top of the tools inside the unit, similar to those of apartments, these owners are also responsible for making sure there are enough fire escape routes for those living in the basement.
“If there’s any fire that happens on the main floor of a house, it can trap somebody down there, and we’re talking about the safety of people’s lives,” Doyle said.
“Having multiple ways for people living in a basement apartment to escape, and even having fire separation building codes [that] separate fire from spreading from one unit to the next, or from the upper floor to the basement…is all part of having a legal rental unit.”
What tenants can do if landlords don’t comply
Tenants whose landlords fail to comply with fire safety rules have a few options when making sure they do so.
Firstly, Doyle says tenants must notify the landlord of any deficiencies in fire protection, especially if those are inside the unit. This includes, for example, fire alarms that run out of batteries or that don’t work properly.
“I would recommend taking photos and just keeping track of everything, what they’re saying to the landlord, what the landlord is responding with,” he explained. “Ideally, that prompts the landlord to fix or repair, update whatever the deficiency.”
What happens if the landlord still doesn’t comply
If, after being properly informed, landlords still don’t make repairs, Doyle says tenants can take other steps to report them.
In urgent instances, where certain deficiencies are likely to cause an emergency, the realtor says tenants should contact the fire services of the city they live in. These agencies are then able to enforce that the landlord take action wherever necessary.
If the changes don’t seem urgent, tenants can instead file a T6 form with the Landlord and Tenant Board (LTB), which is an application designed for cases where landlords have failed to provide maintenance. The board would then take steps to instruct the landlord to comply with requirements.
However, Doyle says tenants should note that the LTB can take longer to act, as it is often affected by backlogs, so those needing immediate assistance should prioritize contacting fire services.
What are the punishments for those who don’t comply?
According to Doyle, it is unusual for landlords to receive jail time for failing to comply with fire requirements. It is also uncommon that landlords receive such a fine as large as Krebs.
In most cases, these property owners can be subjected to a smaller fine if they don’t provide maintenance, which can vary depending on the severity of the infraction, according to Doyle.
“I think that they’re trying to send a message with this case, and I think why it’s being publicized so much, which is good because it is a serious issue about landlords not maintaining properties where people are living,” he explained.
Other issues in Krebs’ buildings
On top of the fire safety compliance issues in both 608 Dawes Rd. and 500 Dawes Rd., Krebs has also made headlines for a series of other issues in the latter building.
The 14-storey building in East York has received decades of complaints from residents about multiple property violations.
The complaints have led the City of Toronto to take action to crack down on the landlord, including performing $200,000 in repairs and billing Krebs for it.
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