What Every Restaurant Owner Needs to Know About Ontario Fire Code Before They Build

Opening a restaurant or food service establishment in Ontario is one of the most regulated business ventures a person can undertake. Beyond health department requirements and liquor licensing, commercial food operations must satisfy the Ontario Fire Code — a regulatory instrument that operates independently of the Ontario Building Code and is enforced by municipal fire departments, not building departments.

Confusion between these two regulatory streams is one of the most common and costly mistakes restaurant owners make. A business can receive its building occupancy permit and still be shut down by the fire department on opening day if fire code requirements haven't been addressed.

Who is Legally Responsible?

Under the Ontario Fire Code and the Fire Protection and Prevention Act (FPPA, 1997), the owner of the premises is legally responsible for fire code compliance. This includes the business operator if they are in care and control of the space — which, in most commercial leases, means the tenant. Penalties for non-compliance under the FPPA include substantial fines and, in serious cases, jail time.

Kitchen Fire Suppression Systems

The single most scrutinised fire code requirement for commercial kitchens is the kitchen fire suppression system. The Ontario Fire Code requires:

• A properly rated and installed commercial kitchen suppression system above all cooking equipment producing grease-laden vapours
• Semi-annual inspection and service by a certified technician — missing service records are among the top reasons for Orders to Comply
• A current service tag affixed to the system, visible to inspectors
• Coordination between the suppression system and the exhaust fan — the system must shut down the fan upon discharge

According to the NFPA, fires in eating and drinking establishments result in an average of 110 civilian injuries and $165 million in direct property damage annually in North America. Many affected businesses never recover. The suppression system is the primary line of defence.

Exhaust Hood and Ventilation Requirements

The Ontario Building Code (Section 6.2.2.6 — Commercial Cooking Equipment) governs exhaust hood installation. Requirements include: non-combustible construction for the hood and ductwork, grease filters meeting ULC or equivalent standards, access panels in ductwork for cleaning inspection, and make-up air systems sized to the exhaust volume. Grease buildup in exhaust ducts is a direct fire hazard. Inspectors assess duct conditions during compliance checks — restaurants that cannot show cleaning records will be issued an Order to Comply.

Fire Alarm Systems

Commercial occupancies above a certain size in Ontario are required to have a fire alarm system. The Ontario Fire Code requires a full annual inspection and test per CAN/ULC-S536. The Ontario Fire Code was amended in 2025 (O. Reg. 5/25, effective January 16, 2025) with updates affecting certain notification device and alarm panel requirements. Restaurant owners renovating existing spaces should verify their installed systems comply with the most current amendment packages.

Occupancy Loads and Exit Requirements

Every restaurant and lounge in Ontario operates under an approved occupancy load — the maximum number of persons permitted at one time. This number is established by the building department during the permit process but is enforced by the fire department during operations. The occupancy load determines the minimum number and width of exits, required signage, and emergency lighting. Fire inspectors conduct spot checks at bars and restaurants — particularly on weekends and during events — specifically looking for occupancy violations.

What to Have Ready Before Your Fire Inspection

1. Current suppression system service records (within the last 6 months)
2. Annual fire alarm inspection report (CAN/ULC-S536 format)
3. Exhaust duct cleaning records
4. Fire Safety Plan — posted and accessible to all staff
5. Posted occupancy load sign, visible at each entrance
6. All emergency exit signs illuminated and tested
7. All exit doors operational, unobstructed, and meeting hardware requirements