What is the duty of a fire department to “overhaul” the fire area?

Ontario, Canada


The following excerpt is from Ennis-Paikin Steel Ltd. v. Hamilton (City), 2006 CanLII 9969 (ON SC):

The concepts of “overhaul” and “fire watch” are related and were discussed in the 1994 case of Gallagher v. Burlington (City) supra. That was a case in which a fire department had responded to a house fire in progress and had successfully knocked down the fire. Several hours later a second fire which caused extensive damage to the building was reported. Crane J. states the following at paragraph 12 of his reasons: Overhaul after the first fire started immediately after knockdown at 1259 hours. From the evidence of all witnesses who commented on overhaul, I find that the definition set out in the Ontario Firefighters’ Standards publication of April, 1990, had been accepted by Fire Departments in Ontario for a considerable period of time prior thereto. I find, therefore, the duty of the defendant was to: “Overhaul the fire area by searching for and extinguishing hidden fires, restoring premises to a secure state and recognizing and preserving evidence of arson; using wet vacuums, pipe poles, pry bars, hose lines, and hand tools, so that the fire is completely extinguished and no rekindling can occur and the building is secure.”

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