Fire Safety Responsibilities in Commercial Leased Buildings: Landlord vs Tenant

Why Fire Safety Responsibility Is Often Unclear in Leased Buildings

Commercial and retail spaces, with the, oftentimes, constantly changing rotation of tenants, building setups, and fire loads, are among the more complex pre-planning projects fire departments face.

Likewise, the legal ramifications of this landlord/tenant setup as it pertains to fire safety is no less complex. Not simply ruled by contracts and lease agreements, the Canadian Fire Code and local AHJ have ramifications above and beyond what is signed. Clearly understanding each party’s defined responsibilities when it comes to fire safety is the key to protecting everyone involved.

The Canadian Fire Code Perspective (Responsibility vs Ownership)

Ownership and the party actively paying for safety measures doesn’t always feature as prominently in Canadian fire code. Frequently, these codes focus as much on who is actively using the space, who is working with and maintaining the fire system directly, and who benefits the most from the location and integrated system. This places much more of the onus on the tenant of a commercial structure, especially if it involved high-value, fragile assets like server rooms .

Typical Landlord Responsibilities

Base Building Fire Protection Systems

Landlords are most often held to the standard of protecting the structure itself. This means the owner would be responsible for installing things like sprinklers to protect structural elements or any shared spaces within it.

Special hazards systems (inert gas, etc.) may need to be put in place by the landlord to protect central electrical areas. It is also up to the landlord to coordinate all inspection efforts needed to view and assess common and shared areas within the building.

System Availability and Access

These systems set up throughout the building, important not hindered or influenced by the tenant, are required to be inspected and up and running.

Typical Tenant Responsibilities

Tenant-Specific Special Hazard Protection

While the landlord is primarily responsible for several structural features, the tenant is required to follow all compliance required for protecting their equipment.

This means tenants are liable for installing and maintaining all special fire hazards systems needed to protect batteries, data centers, etc. Additionally, the tenant must keep up to date with all compliance paperwork and document any changes made to the room or the equipment within it.

Operational Impacts

Tenants cannot do anything that reduces the operation of the suppression systems in place. This requires being mindful of increases to the fire load, special hazards that might require additional protection, and any changes they may make to the space they inhabit that may create more fire risk.

Shared or Grey-Zone Responsibilities

Inspection and Testing Coordination

If tenants and landlords work together to increase the operational ability of the building’s system, especially in situations where one of the other adds parts to the system that covers a space they are not technically responsible for, it can increase the complexity of the process. Colluding on inspections and proper downtime documentation may be necessary.

Documentation and Records

Confusion over which party documents changes, servicing information, and who keeps maintenance logs can be a huge red flag during an audit. Proper communication and task-assignment are vital.

Renovations, Fit-Outs, and Change of Use

With tenants often taking over the space from a previous client, it can be easy to assume the previous system is adequate for the new users’ needs. Any changes to the room will impact clean agent usage and should be documents, assessed, and planned for by fire engineers.

Moving in new equipment, or rearranging the room to fit said equipment, can fundamentally change the suppression needs of the room, as well as shift responsibility for the changes to the incoming party. One of the biggest mistakes tenants can make is to not constantly re-assess the needs and design of their clean agent suppression system following minor-seeming alterations.

Common Disputes and How They Arise

When landlords and tenants communicate, the most common fire suppression compliance issues become non-issues. Amazingly, planned inspections will turn up during downtimes which were never documented or planned; don’t assume the other party will be responsible for this.

Coordinating cylinder removals, either from your unit or the building as a whole, is also an easy problem to resolve before it even arises. Understanding your AHJ and the Canadian Fire Code will help you resolve what seems on the surface like contract disputes. Many times landlords and tenants will both sign agreements that violate regulations or incorrectly assign responsibility.

Renovations pose a much more complex problem. Having a good relationship with your business partner, as well as an open dialogue with your AJH and a competent fire engineer will help everyone understand their responsibilities during this process.

Practical Best Practices for Landlords and Tenants

Define Responsibility in Writing

Special hazards fire protection systems are absolutely necessary for high-tech equipment like battery banks and server rooms. They also require explicit language in contracts to spell out the requirements of protecting these sometimes volatile and high-value assets.

Coordinate Inspections and Downtime

Inspections and suppression system downtime are essential, and planning them together will help everyone stay on the same page.

Maintain a Shared Compliance Record

Having all reports and records in one place can help avoid confusion and keep everything safe and ready for review should an audit come up.

Case Insight (Example)

A commercial building housing several different tenants faced serious inspections delays and inefficiencies due to a lack of clarity when it came to protecting several tenant-owned server rooms. Reviewing the AHJ codes with a professional allowed all parties to get on the same page and finalize the inspections that allowed the building, and businesses, to continue operation.

Final Recommendations & Compliance Tips

Canadian fire codes stress “control and impact,” rather than just ownership. This spreads the responsibility more evenly between tenants and landlords. Special hazard suppression systems, like those used to protect high-tech equipment, need to be explicitly spelled out in agreements rather than placed under a general “fire protection” heading. Being mindful of any alterations made to tenant-used space, and considering centralizing all paperwork and documentation can save you from running into issues in the future.

Need clarity on fire safety responsibility in your leased building?
Control Fire Systems Ltd. works with landlords and tenants across Canada to assess, document, and maintain special hazard fire suppression systems - helping all parties stay compliant and inspection-ready.