Fire Code Compliance Affidavit

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This topic has 3 replies, 3 voices, and was last updated 2 years ago by John Wilson.

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- March 9, 2021 at 8:21 am #13498
  
  Andrew Dickson
  Participant
  
  Does anyone use a ‘compliance affidavit’ for owners to submit in lieu of inspection?
  
  Our municipality has created a bylaw for short term accommodation (AirBnb) in which they require inspection annually.
  
  They will have the option of submitting a compliance affidavit 2 out of every 3 years, with inspection required every 3rd year.
  
  Just looking for a template, example or hopefully not horror stories……
  
  Thanks!
  
  Andrew Dickson, Gananoque
- March 9, 2021 at 10:52 am #13500
  
  Nicholas MacGillivray
  Participant
  
  why give them the option? wouldnt it be in the best interest for both the owner and the municipality to be in there once a year? we dont have any kind of bylaw regulating short tern rentals, just curious why?
- March 11, 2021 at 8:57 am #13507
  
  Andrew Dickson
  Participant
  
  The issue is volume. Before the pandemic, we had upwards of 100 rentals just on AirBnB. That would be over and above what our inspection schedule is currently. That wouldn’t be feasible with only having 1 inspector.
- March 15, 2021 at 9:31 am #13516
  
  John Wilson
  Participant
  
  Since Council adopted the bylaw, they should also provide sufficient staffing to carry out the duties of the bylaw. If they don’t want to provide the staffing, they shouldn’t have adopted the bylaw.
  
  As we all know, whether we inspect or not, the owner is always responsible. And we also all know, the vast majority of landlords we deal with ‘think’ they are in compliance, and usually they are wrong. From my perspective, the affidavit would be pointless. I’d never sign one as an owner and I’d never accept one as FPO. The only additional requirements that would come into play for short term rentals (compared to other rentals) is 6.3.3.8.(2) and 6.3.4.8.(2) for the landlord to test alarms after every change in tenancy. And that’s only a change in frequency of the testing, not the requirement to do it.
  
  Do you already have that as a process for any other occupancies that you don’t inspect every year? Why not just change it to a 3 year cycle?
  
  There’s been lots of talk over the years about inspecting these type of occupancies. Have there been any studies to show they are any higher of risk than any other type of property or occupancy? Personally, I see zero difference for risk between them and any other residential rental. But I also haven’t seen any studies either.
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