- MAINTAIN SAFETY DEVICES: No Resident shall disconnect damage or remove any designated Safety Device or any portion thereof contained in a unit or upon the common elements, provided that an Occupant may disconnect a Safety Device temporarily while it is being promptly maintained, repaired or replaced. Each Resident shall diligently and expeditiously maintain and repair in good working condition all Safety Devices located within the boundaries of the suite owned or occupied by such person unless the Corporation has undertaken to do so.
- SAFETY DEVICES: Safety Devices shall include any in-suite smoke detector, fire alarm, carbon monoxide detector, heat detector, portable fire extinguishing equipment, voice communication or alarm equipment attached to the Corporation’s voice communication life safety system, a front door entry communications system, window or door latches, high pressure washing machine hose, plumbing system, dryer vent, fan coil heating/air conditioning or ventilating equipment and any electrical equipment or device and any other system, facility or component designated as a Safety Device by the Board from time to time.
- MAINTENANCE & REPAIR: The Resident shall inspect, test, maintain, and when necessary or when required shall repair and replace all such Safety Devices at least annually and shall replace any batteries or malfunctioning parts at least annually with the appropriate fully-charged batteries, or at such earlier time as may be required to render any Safety Device fully operational at all times and safe from any potential health, safety or security hazard, loss, damage or harm which may be caused to any person or property, unless the Corporation has decided to do so.
- INDEMNIFICATION: The owner shall indemnify the Corporation and its representatives and save them harmless with respect to any claim, action, proceedings, damages, loss, injury, death, costs, fine or penalty claimed by any person, firm, corporation or public authority, whether arising pursuant to the Fire Code, Building Code, municipal Property Standards By-law, any other legislation, regulation, by-law, public edict or otherwise as a result of the Resident(s) failure to comply with any such requirement.
- INSPECTION: The Corporation shall have the right, but not the obligation, to undertake the inspection, maintenance, repair or replacement of any Safety Device or other component (whether with respect to an individual suite or on a building-wide basis) for which any one or more owners may be responsible or for which the Corporation may be held liable, located in any unit or upon a portion of the common elements which one or more owners have a duty to maintain or repair.
- ACCESS: The Corporation’s authorized representative(s) shall be entitled to enter any suite upon reasonable prior notice to the resident in order to inspect , test, maintain, repair or replace any Safety Device or other component, and in the event the owner or resident has failed to maintain any Safety Device or component in the appropriate condition, the Corporation’s representatives shall be entitled to do so at or after the time of entry in order to preserve the health, safety or security of any person and to prevent any hazard, loss, damage or harm which may be caused to any person or property.
- COST: All costs of any inspection, maintenance, repair or replacement of a Safety Device which an owner fails to attend to after reasonable notice from the Corporation shall be borne by the suite owner as a common expense contribution, in accordance with s. 92 of the Act. If the Board in its sole discretion passes a resolution to undertake any such inspection, maintenance, repair or replacement on a building-wide basis as a duty of the Corporation to protect its residents and property, such cost shall become a common expense of the Corporation.
- LIABILITY: Owners of suites shall remain liable to carry out their obligations to maintain and/or repair their units in accordance with the provision set out in the Corporation’s declaration. Any maintenance or repair of a Safety Device undertaken by the Corporation shall not create a precedent or give rise to a claim by any owner or resident of waiver, acquiescence, laches, estoppel or detrimental reliance, or obligate the Corporation to do so thereafter or in any other case, nor shall the Corporation be held liable for any loss or damage occasioned by undertaking any such work, unless the Corporation or its representatives were grossly negligent in doing so.