Bill 20 (Legislature 2, Session 3)

L2 S3 10725

Alberta — Bills

BILL No. 20 of 1911.

An Act respecting the Operation and Inspection of Boilers. (Assented to 1911.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Boilers Act."

INTERPRETATION. Sh rt title 2. In this Act, unless the context othenvisc reqmrcs, the Int rpreta-• Uo expresswn- 1. "Boiler" means and includes any boiler carrying not less than twenty pounds pressure and not used for heating watN for domestic purposes, nor for generating steam solely for the purpose of heating buildings, the engine or engines connected therewith, the pipes and connections and every part tlwreof or connected therewith and all apparatus attached to or U~Pd in connection therewith, for generation or storage of steam or mr; 2.

"Owner" means and includes any person, finn or corpor- ow er ation, the owner or lessee of a boiler, or the manager or other officer in charge of the business of any such firm or corporation; 3. "Engineer" means any person having charge of or operat- En lneer ing a steam boiler or the engine connected tlwrewith; 4. "Fireman" means any person having charge of a steam Fir man boiler or boilers only of a capacity limited under the provisions of this Act; 5. "Person" means any male of the full age of eighteen Per on years; li. "Minister" means the Minister of Public \Vorks of the Min ster Province of Alberta; 7.

"Inspector" nwans a provincial chief inspeetor of boilers, Ins or an inspector of boilers appointed under the provisions of this Act; 8. "Inspection certificate" means the certificate of inspection Ins· ectlon f 1 ·1 · 1 1 · cert ficate o a11y 101 Pr lSSllC( )y an lllspr·rtor; 9. "Certificate" rnprms thl' provisional, final, or interim Cer ificate t•r•Jtificate of qualifieafon issued to any engineer or fireman u ndN the provisiom: of this Act; 10. "Provinee" llH'RllS the Province of Alberta; Pro !nee 11.

"Rq:,ulations" means n·~ulations issued by the depart- Reg lations mont by ~tnthority of the l\Enister for the proper c.arrying into effect of tltc pro\h,~ons of this Act; 12. "Department'' means the Department of Public \Yorks Dep rtment of the Province of All>erta; 1~). "In charge" ancl "havi11g charge" shall apply to the per-Inc arge son havin~ the control ancl direction of the operations of a havl g boiler or boilers or engine or engines. cha e

2 APPLICATION OF ACT. 3. This Act shall apply to all boilers being operated within the Province of Alberta except as hereinafter provided.

(2) The provisions of this Act shall not apply to steamboat :;e~t ln boilers, and shall not apply to boilers used in operating rail- e~e e 6 te<l w.tys owned by any duly incorporated railway company, which maintains adequate repair shops and employs competent boiler inspectors: Provided that the owner of such boilers shall expose for pulJlic view a certificate of inspection, fully filled out aml signed by the inHfH'Ctor appointed by such owner: Pro vic led further, if such boilers have not been inspected within twelve months or the rating of such boilem is not satis factory to an inspector appointed under the provisions of this Act, such inspeetor may illspcct and decide the working pressure of such boiler and issue a certificate for the same, ancl collect the fee prescribnd by this Act for inspection of similar boilers for Huch inc;pcction: Provided nothing herein contained shall exempt from the operation of this Act a boiler in operation upon any switch, siding or other connection from any duly incorporateJ railway as above mentioned to the premises of any elevator, manu factory, industry or busine:::;s, if such switch or siLting docs not form a part of, and is not used by :::;uch railway company 11·ith whose track it is connected; nor any boiler operated ·in con nection with such elevator, manufactory, industr~' or business. (:~) Boilers aml their appurtenances used exclusively for E~e I>t heating purposes, but which are not herein required to be :;,~~e : inspeckd, shall be provided with such appliances to insure Ins,pe ted. safet,Y as shall be prescribed by the regulations, and it shall be the duty of the inspector to inspect such boilers upon appli- cation of the owner or owners.

APJ'OINT1VII~N1' AND QUALIFICATION OF INSPECTORS. 4. The Lieutenant Governor in Council may appoint a chief inspector of boilers, and inspectors of boilers for the J.mrposc of carrying out the provisions of this Act, and may fix the remuner ation of such chief inspector and inspectors, and assign to each of fmch inspectors a particular portion of the province within which he shall have juris liction under this Act.

(2) No person shall bl' appointed an inspector of boilers Qual ca- l l · B · · 1 1. · J h .1 fi 1 • tlons of un css w lS a nt1sn Sllu.Jcd 1as au 1vc years expenence lnspe tors as a practical machilliHt or Goiler maker, is the holder of an Allwrta first-class cngir:el'r's certificatf', is not intL•rested directly or indirectly in the fJale of boil<'rs or steam machi11ery, and h:1s passl·cl a satisfactory examination before a board of examinns eompmwcl of irsp('C'l ors, or cr<'L other pNsons as the Mini;.;tn· m:.ty d i rcc t. (:3) Every inHpeet.1r, before entering upon the performance Insp ctors of his duties, shall t'tke alH l su bscribc the following oath: ~~;: ee oath "I,. . . . . . . . . . . . . . . . . . . . .... , clo RWCHI' that I will fnit.hfullv anJ honestlv fulfil the duticfl which devoh'e npon me as· in,pector of boilers, and that I will not ask or rC'r·eiY.~ nn:r sum of money, service, recompense or matter, or thing wLLtsJeYcr, directly or indirectly, in return for what I have clonc or may do in the discharge of any of the duties of my said offwe, except my salary or what may be allowed me by law, or by an order of the Lieutenant Governor in Couneil, and that I am not, nor will be directly nor indir ectly interested in the sale of boilers or steam machinery. • So help me God."

(4) Every inspector shall keep a true and complete record of Rec rd to all boilers inspected, and all repairs ordered by him, of all b& ept boilers condemned by him as unsafe, of all accidents to boilers in his district, whether by explosion or otherwise, and of all casualties in connection with boilers in his district. DUTIES OF INSPECTORS. 5.

Every boiler in the province shall be inspected internally Wh n 1 b h d · · 1 · boll rs and externally, or tcsteo y an y rostatiC test m t lC rat10 rna b& of one hundred and fifty per cent. of the working pressure, or ins ected both, by an inspector once every year and at such other times as the inspector may see fit, awl shall not be operated at !Jl'l'S- sures in excess of the safe working pressure stated in the inspec- tion certificate, which prl'ssurc is to be ascertained from the regulations.

(2) In addition to such yearly inspection it shall be the duty Spe iai f . . . h · l . . . lnsp ctiou o every mspector to mspect, at any tm1e, w en m us opmwn of u safe such examination is necessary, all such boilers within his district boil rs as may be reported to him as unsafe, or, as he may have reason to believe, have bccollle unsafe from any cause, and to notify the owner of such boiler if a defect is discovered, and of what repairs are uecessary.

(3) If the owner of any boiler proves to the satisfaction Exe1 ptlon of the inspector that his boiler has not been operated since the ~~n ~~Y datc of the previous inspection, and is in as good condition !nsp ction as when iuspectcd, the inspector may issue a uew inspection fe& certificate without in~prcting the boiler, and without charging any fcc therefor. G.

If the omH'r of any boiler d('sircs a special inspection or own r to any other special ~~rvi_ce from an inspector,_ he shall be e~1t~tled ~:~~s ~ ~~; to sallle upon appliCatwu, but he shall be liable to the Munster spec a! in for all CX[Jcnscs conr1cctcd with the makin" of such inspection s.pe~ ion or .. b "-' adv1 e or the performance of sucl1 othN services by such inspector. 7.

Any inspector may, uy notice in writing signed by him, Insp ctor require th(~ attt>udauce before him at a time and place to be may xamine • .1 • l . . on o· th mentwncu m sue 1 notiCe of any person, and may cxamme the person so notified on oath regarding any matter connected with the inspection or opcratiou of any boiler or any accident thereto; such person so sumuwncd shall be entitled to the same witness fees as he would be entitled to on a small debt case in the courts of the pr,)vince, unless the inspector shall other- wise order.

(2) Any person \Yilfully uegketing or refusing in any \\·ay to comply with thP Eotice of tlw inspeetor, or to make oath, or be examined as aforesaid, Rhall bP guilty of an offence and liable on

summary convictiou th('rcof to a fine of not less than $25.00 and not more t.han .. ~.)0 .00, a111l on nonpayment of such fine forth with after coil viction to imprisonment for one month. (:

J) Any j)('I'~·J;t so c:..::amined shall not be excused from ans wering any question upon triC' ground that the answer may tend to crimi11ate hi:n, or may tend to establish his liability to a civil proceeJiug at tiw insta:wc of the Crown or of any person, or to a prosceution I!wler :w.\' Act of, or Ordinance in force in Alberta. - (·fi Pnrrit\d, bm> 1 \ N, thr. any evideuce RO given shall not l 'C ur-:ecl or rce<ivcrl in evidf'nee against sueh person in any criminal or eivil procct cling hncinafter instituted against him other than a prosecution for prrjury in giving such evidence.

4 8. Every inspector shall render annually, on or before the Ann al thirty-first day of January in each year, a concise report to the rep rt Minister of all inspections made by him during the preceding year, and of all accidents and casualties that may have occurred in connection with the operation of boilers within his district. 9. If at any time the inspector discovers any defect in any Eng neer to boiler under pressure, which in the opinion of such inspector ~~ 1 A r ~f may cause immediate danger, he shall order the engineer to pres ure if draw the fire and blow off the steam, and the en2:ineer shall dpro ounce.U LJ ,an erous forthwith obey such instructions.

(2) Every engineer shall assist the inspector in making Eng neers h. . . f b "l b "l · h" h d l ll to a.s lst ts exarmnatwn o any 01 er or 01 ers lil IS c arge, an s 1a InSJJ ctors point out to him any defects that he may know or believe to exist in said boiler or boilers, and in default thereof the inspec- tor may take possession of the certificate of such engineer, and forward it to the Minister, together with a report on the eir cumstances of the case. 10. An inspection certificate shall not be granted for any Boll rs new boiler which does not conform to the re<.rulations ente lng •tlle b • prov nee 11.

Except as hereinafter provided, no second-hand boiler seco d-hand that has been in service shall be brought into the province and boll 9 operated as a boiler.

(2) The owner of a second-hand boiler, or a boiler that has been in service outside the province, who wishes to operate same within the province, shall apply to the department for permission so to do, giving a complete description of the boiler and stating the exact location at which it is proposed that such boiler shall b2 operated; the department may thereupon cause the boiler to be inspected, and upon the issue of an inspection certificate stating that said boiler has been equipped with fittings aml installed according to the regulations, the same may be operated; provided that the maximum working pressure to be allowed in any such case shall be computed by the formula contained in the regulations, with such further reduction as the inspector may direct.

(3) Any person violating the provisions of this

section shall be guilty of an offence and liable on

summary conviction thereof, to a penalty of not less than $25.00, and not more than $50.00. 12. Every manufacturer of any boiler to be built under Hegt tratlon the regulations shall, before commencing work on such boiler, ~~c~~ 1 ~;Yand submit to the department for approval, accompanied by the desig ·s fees required by the regulations, complete working shop draw- ings in triplicate of the proposed boiler, together with completed :-;pecifications in duplicate.

(2) Every manufacturer of boiler accessories for boilers built under the regulationH, shall submit to the department for approval, accompanied by the fees, working shop drawings in triplicate of the safety valves, stop valves, water gauges, gauge cocks, pressure gauges, blow-off valves and other fittings eonnccted innnetliat<>ly to thP IYJiler.

(3) Any person who sells or otherwise disposes of a boiler not built to approved designs, or that does not conform to the regulations (provided an inspection certificate has not already been issued for such boiler), or a boiler fitting which has not been made according to an approved design shall be deemed guilty of a breach of this Act.

(4) When any change is intended to be made in any approved c anges In drawings or specifications by the manufacturer or manu- d signs ~f facturers, he or they shall immediately notify the department,~ G:~~e aud submit revised drawings and specifications accordingly. 13.

When any new boiler is shipped. into the province, the A uavlt to manufacturer shall immediately mail to the purchaser, for a ompany - f h · h. · ' · l · t• f th b !lers the use o t c mspcctor at 1s 1mt1a mspec 10n, a copy o e approved specifications on forms prepared by the department and containing the shop foreman's affidavit, certifying that the boilPr has been built according to the regulations, and nceonling to the approved drawings anu specifications, that a hydrostatic test has been applied (in the ratio required by the regulations), that the steam gauge is correct, and that the safety valv£' has bcm tested and is properly set to the working Hkam pressure of the boiler as rated by the department. 14.

Any inspector may, at any reasonable hour, enter upon In pector any property for the purpose of inspecting any boiler situated~~ ~~~::r thereon, or for the purpose of ascertaining whether the provis- ions of this Act arc being complied with, and also shall have the right at any reasonable hour to examine boilNs in course of construction or undergoing repairs. 15. Any person interfering with or obstructing any inspector o structing in the performance of his dutil'S umler this Act, shall be guilty In pector of an offence and liable on

summary conviction to a penalty of not less than $50.00 and not more than $100.00. 16. Any ageut, or other person who sells or exehangl'S a boiler Mi tst<>r to shall within thirty days after such sale or exchange, notify the be notlfie·d l\1. . . . . b . 1 .l f h l h of ale or 1' mister lll wntmg y reg1sten'< mal o sue sa e or exc ange, ex hange st·1ting the name and address of the pNson :to whom ~mch ODilcr has been sold or exchanged, and shall, if SUCh boiler has bPen inspected by an inspector, from and aftN the first day of .January, l\H2, state the number stamped on such boiler at such inspection by the inspector.

(2) No person shall sell or exchange any boiler which has been sa e or in use for more than two seasons for subsequent usc as a boiler ex, 'hange of l . . . l b . . .f. . d bo ler to be un ess 1t lS accomparuel y an mspcctwn cert1 1cate 1s;-;ue ac om,:>anied within one year next preceding the date of such sale or cxehange. b1Y Inspec-t '0

(3) Nothing containecl in the foregoing subsection shall affect ce uncate any arrangement t.lnt may lw made between <L manufacturer anJ a purchaser in re::;;Jl'<'t of an exchange of an old boiler in part payment for a new otw, or the subsequent sale of such b >ilcr after the same has been rebuilt, or the retaking possession of a boiler under a liPn and the subsequent sale thereof. Gi·:CfERAL PROVISIONS. 17.

If, Upon inspe,:tioa, the inspector finds the boiler to be W en In in safe workin[J' order and lJroperly set up vYith fittin,rs as sp c.uon b ' ' b ce t1flcate prescribed by ti1e regulations, he shall issue to the owner thereof m be an inspection certificate stating the maximum pressure at which iss ed the boiler may be operated, as ascertained by the regulations, and thereupon the boiler mentioned in the certificate may be

G operated. 8ueh certificate shall continue in force for one year from the date of inspection, or for such shorter period as the inspector may direct.

(2) Any owner or other person operating any boiler before a certificate therefor has been granted, or after same has expired, shall be guilty of an offeace and liable on

summary conviction thereof to a penalty of not less than $50.00 and not more than $250.00. 18.

Every person who makes, or procures to be rrmdc, or Fe alty for assists in making, any false representation regarding the con-!~' ~~nn~lng clition of any boiler in the form of an inspection certificate, or Hering or who forge" assists in forgin" or procures to be for"ccl or ins ection _ u, bl b ' ce tlflcate fraudulently alters, or assists in fraudulently altering, or pro- cures to be fraudulently altered, any such inspection certificate, or any official copy of any such inspection certificate, or who frauJulently makes usc of any such inspection certificate which is forgeLl, altered, cancelled, suspended, or to which he is not juf')tly entitled, or who fraudulently lends his inspection certi ficate t0, or allows any other person to use the same in con Iwction with any other boiler than that covered by such inspec tion certificate, shall be guilty of an offence, and liable upon

summary conYiction thereof to a penalty of not less than $00.00, or three months imprisonment; and any owner or other person holJi ng such inspection certifica tc who fails to deli vcr up au inspection certificate which has been cancelled or suspemlcd shall be dccmecl guilty of a breach of this Act, and liable upon

summary conviction thereof to a penalty of not less than $50.00 and not more than $100.00.

(2) The inspection certificate shall be placed so as to be Ins ectton easilv n·ad in a conspicuous l)hce in the boiler room or cn"inc cer iftcate .J ~ ' ' ' b ·to e I'OOtil of evNy stationary boiler, and shall be produced at any ex· tbited time by the owner or operator of any traction or portable or roduced boiler upon demand of an inspector or upon demand of a member of any police force. Any owner refusing or neglecting to post up or prodnce the inspnction certificate shall be guilty of an offence and liable upon

summary conviction thereof to a petmlty of not less than $10.00 all(l not more than ::li:;5.00. (:3) Any owner who operates or causes to be operated a boiler Op l'atlng without being in possession of an inspection ccrtifieatc, or without w1 1"~ outt . [ . . I 1. . l . . n~ ec •on nott ymg an mspector or t 1e 11 nustcr of us mtention so to ,., .. ifieate operate, by registered letter, shall be guilty of an offence and liable upon sumuu1ry- conviction thereof to a penalty of not less thau $25.00 and not more than ~~100.00. 1H.

The owner or operator of any boiler shall allow the inspcc- ow er to tor free acc:ess to the same, shall furnish the labour necessary pre are for the inspection thereof, shall fill the boiler to permit all~;! :~~~:,1 hydrost~t.tic tests being tna.cl(', c;:Jnll, if required by the inspedor, remove any jac:,et (li" l'ovcriH)~ from the boiler, ancl shall also bring to the attention of the· inspector any dcfPct which lw knows or believes to exist in tlw boiler.

(2) The owner of the boiler which the inspector desires to inspect intertmlly or externally shall cause it to be opened for inspection, scraped f1·el: fro11" :-calc, the manhole and hn,nd hole plates thereof 1 ('UO ;eel, aml the flues therein cleaned and all soot or as:1es remlh-cll from the inside ancl outside of setting therein. In the case of a traction or portable boiler the owner or person in charge :--hall cause the furnace gratc·s and straw burners, firebox aml all heating surfaces to be thoroughly eleanccl.

7 20i In order to satisfy himself as to the thickness of plate Insp ctors or its internal condition, the inspector may cut holes or may ;:-''~Y rill order holes to be cut in the same, and in the latter case the owner 0 e shall forthwith see that such orders arc complied with.

(2) Any person violatiug any of the provisions of sections Pen Ity 19 or 20 hereof shall be guilty of an offence, and liable upon

summary conviction thereof to a penalty of not less than :il25.00 and not more than $100.00. 21. Any owner or other person in charge of a boiler failing t·",il re to h . . t . f · t f th carr out to carry out t e wntten ms ructiOns o an mspec or or c imp ctors' safe operation and care of a b::>iler, including his instructions ln~'t uctions for wnshiug out and cleaning the interior, shall be guilty of a breach of this Act.

(2) Any such owner or other person in charge of a boiler may within thirty days from the receipt thereof appeal to the Minister from such written instruction of an inspector; the de(•!sion of the Minister Rhall be final anrl pending his decision such owner or other person in charge of a boiler shall carry out Rl!eh written instructions. 2~. A report of an explosion of any boiler shall be sent by Inc e ot 1 f h b '1 . l . t f l f't h expl sion tnc owner o sue 01 er w1t 1m twen y- our 1ours a er t e l'Xplosion to the Mi!lister; f-JUch n'l'Ort shall state the exact place at >vhieh the explosion occurred, the number of persons killcll or injured, aJlll the probable cause of the explosion.

(2) After the explosion of any such boiler no part or purts of the same shall !Je removed or their positions altereu by any person, except to rescue pers::>ns injured, or to remove the bouies of persons killeu, without the written permission of the Minister. (;~) Any person viobtic1g any of the provisions of this

section shall be guilty of an offence a!lll liable on

summary conviction thereof to a fine of not less than $100.00 and not more than :n;:wo.oo, or to imprisomnent for a term not exceeding three months. 23. On receipt of any report mentioned in the preceding Inve. tiga- . j l\1' . l ll f 11 . . . J .1 Uon f .an sectiOn, t lC I uuster s 1a cause a u mvest1gat10n to )C maue expl sion as to the c:1t1se and circumstances of such explosion; said inws- tigation shall be held at or ncar the place where tmch explosion occurred. 2!.

If any loss or d<tnmge is incUlTCll or sustained by any ~ore ?Io pcrson by renson of tlw <'Xplcsion of a boiler, for which the ·u'~~e tift owner has not obtained an in:;peetion eertificatf', the onus of ~a~~ proof that such loss or lhtmagc did not arise through the neg- o~n~ s' livcncc or improper conduct of the owner or person in charo-e prim fa.cie ,' .J '1 l 11 . to guilt of of SUl' t bm er s m be UJ'Ofl i he owner of such botler. neogli ence 25. An appeal shall lie frmn any ruling or decision of inspector to the Minister, \\·hose decision shall be final.

(2) On the hcarin~ of any appeal it shall be lawful for the :vrmi ter tox · · 'f 1 1 · k ,. h sum1 on e. mtmster, 1 1e tun s nt, to sum.non to is assistance any expert pert vice engineer. 2G. Any charge OI' m'·;lcct of .Juty or other complaiut agaiust Char e the im;pector shall b~ a,llresscd to the Minister, and shall state ~;';.~e sttor fully the particulars of such charge or complaint. 27.

Any owner or other person in charge who refuses or Prec ut!on 1 . d . b . d to be aken neg ects to statwn a man to guar agamst steam emg turne while wori{- into a boiler whieh it is possible to connect with another boiler In~ 1 a t . . t l . h . J 1 . . . J bmle eon ammg s eam, c urmg t e peno t 1at any person IS ms1 e

8 such first mentioned boiler, shall be guilty of an offence, and liable upon

summary conviction thereof to a penalty of not less than $50.00 and not more than $100.00. BOIL~R FITTINGS. 28. No person shall operate boilers not previously inspected by an inspector in this province unless equipped with fittings af\ provided in the regulations. . d . . t · rnperlng 29. Any person removmg, estroymg or m any way ampenng tth safety with the sealing device of any safety valve after it has been v Jve·s scaled by an inspector, or changing a safety valve without permi~sion of an inspector, shall be guilty of an offence and liable upon

summary conviction thereof to a penalty of not less than $50.00 nor more than $100.00. 30. It shall be the duty of the engineer in charge to blow,; let~~;~fve or cause the safety valve to blow off steam, at least once each e "h day Jay, to satisfy himself that the valves are in good order, and it shall be his duty to report to the inspector any failure of such valves to operate; in case no such report is made, and a safety valve is found to have been tampered with, or out of order, the certificate of the engineer having such boiler in charge shall be suspenclcd or cancelled by the Minister. 31.

Any· r>crson vvho alters or otherwise tallljJer::; with the !' naJty for In erfer!ng pres::;ure gauge, so as to prevent the actual pressure of the w th pres- boiler from b.cing easily seen and ascertained, shall be guilty ~u ·e gauge of an offence aml liable on

summary conviction thereof to a penalty of not less than $10.00 and not more than $50.00. IKSPECTION FEES. 32. The owner of every boiler in the province under the In pection provisions of this Act shali pay a fee of $5.00 for each aml eYery fe s boiler inspected.

(2) In the case of an inspection of any vessel carrying a steam ~ 1 0 1 !~g pressure of less than twenty pounds, used for heating water for domestic ]JUrposes or generating steam solely for heating buil<lingB, the fee payable to the inspector by the owner for such inspection and the issue of such certificate sh::dl be ~<2 .00. (:3) Any owner ncgkcting or refusing to pay the inspector such fee t1hall be guilty of a breach of this Act. 33.

Any person not holding a final, interim or pro\·isional 0 P. rating "[" f l"fi · · fi f 1 bo lers ccrtt 1catc o qua 1 catwn as an engmeer, or a reman o a neat- wl hout ing plant, or a permit as hcrein~fter provided, who at any timecettificate operate::; any skam IJoikr go1c meJ by this Act, or is in charge of uny ::;team boiler Wllilc in u;)Cration, whether atl owner or <'J·gincn, or any c~::;inc<·:· i:' in (·harge of and opPmtes a boiler w boilers, or p.tcam rlnrt of a ,;[ffprent or a higher class thun is ~Jt:tlwrizcd by the cr·'tificatc held by any tluch engineer, or fails to proch.'<·c the ccrtifir·:d·~ Uf'O" ':'mand by an inspector or mem- b<·r of ;my J oli<·e for('!', shall be guilty of an offence anJ liable on S\'IJJJ••ary convi<·1 ::)·' thereof to a penalty of not less than ~.r::o.oo r.or wore tl:~ n :,100.00.

(2) Provided that where tiiC' representative of any manu- Sp eta!_ f f b .1 . . l d . ll" . au or1ty aeturer o 01 crs or engmes Is emp oye msta mg, testmg, du ng regulating, or otherwitlc supcrintenJing the installation or Ins allatlons operation of such boilers or engines, he may do so upon applying for and receiving written authority from the Minister or an inspector.

3l. If any owner of a steam boiler shows to the satisfaction P rmlts of the Minister or an inspector that he is unable by reason of some unforeseen occurrence to immediately secure the ser- vices of a duly qualified person to operate such boiler, the Minister or inspector may grant a permit to any person producing satisfactory evidence of good conduct and sobriety to operate such boiler for a period of thirty days from the date of such permit. 35.

The employer of any person operating a boiler who has E ploytng 'fi . . d b th' A t h f 'l u certified not a cert1 cate, or permit as reqmre y IS c , or w o ::us P rsons to produce such certificate upon demand by an inspector, or a member of any police force, shall be deemed guilty of an offence and liable on

summary conviction thereof to a penalty of not less than $50.00 and not mon· than $150.00. C2) The certificate of any engineer in charge of an engine c rtiflcates 'l I ll b l . . l . to be room or b01 cr room s 1a c <·xposec Ill a conspicuous p ace me posed suc~h room.

(3) Any engineer who refuses or neglects to expose or produce his certificate shall be guilty of an offence and liable on

summary conviction thereof to a penalty of not less than $50.00 and not more than $150.00. (4) 'l'h b f h · fi · ,1 • N-< nproduc-C a sence o sue cert11 cate or Its nonprouuctwn u n of upon demand shall be prima facie evidence that the person ce tiflcate op<·rntitJg the engine or boik'r has no certificate. 36. Certificates will be granted upon examination according ~1 ·s~I:Ca- to qualifications of the applicant as follows: ce Uf!Cl!IJtes 1. First class: To have charge of and operate any steam plant. 2.

Second class: To have charge of and operate a boiler or boilers of a total capacity not exceeding 500 horse power, and to have charge of and operate an engine or engines of a total capacity not exceeding 500 horse power, or to operate any other plant under an engineer holding a first-class certi ficate in direct charge of the plant. 3.

Thinl class: To have charge of and operate a boiler or boilers of a total capacity not exceeding 200 horse power, and to have charge of and operate an engine or engines of a total capacity not exceeding 200 horse power (unless such certifieatP is otlwrwise limited) or to operate a boiler or boilers of a total e~tpacity not cxccecling .500 horse pmver under an enginPer holdil!g at ]PaRt a ::;crotHl elass certificate. 4. Traction engineer's final certificate: To have charge of and operate a traction engine and boiler only. 5.

Provisional certificate: To have charge of and operate a boiler and engine of a capacity not to exceed 50 horse power, for a period of one year. G. tleeond provisional ccrUieatc: To have charge of and operate a boiler and t>ngine of a capacity not to exceed 50 horse power, for a period of one year. This certificate may be granted t'J those eandidatPs who han• failed for a final certificate, as here inafter mentioned. 7. Final fireman's certificate: To have charge of and operate a heating boiler only, carrying a steam pressure of not more than 100 pounds. 8.

Provided. the experience of an applicant for a certificate is limited to a steam shovel, or a hoisting or a portable boiler and engine only, a third-class, or provisional certificate may be issued to suit the case, said certificate being endorsed accord ingly upon the face thereof.

10 37. Engineer's final certificates issued under The Steam N rt~-West . . f h N h W T . . h ll . l T rntones Bmlers Ordmance o t e I ort - est erntoncs s a ent1t e c tificwtes the holders thereof to operate in the Province of Alberta: pro- vided that the holders of second and third-class certificates issued under the said Onlinanco shall not operate boilers of a larger capacity than tho boilers which, under this Act may be operated by the holders of second and third-cl~ss certificates respectively issued under the provisions of this Act. 38.

A candidate for a first-class certificate shall be at least~' alifioo.-. t1 ns foT twenty-five years of age, shall furmsh proof that he has been fir t-'Class employed as a machinist or boiler-maker, on the repairing or c" tlficates building of f't.carn engines or boilers, for a period of not less than twenty-::four months, and has had charge of a steam plant in which he operated a battery of boilers aggregating not less than three hundred horse power in capacity, and that he has operated engines aggregating not less than three hundred horse power in capacity, for a period of at least twelve months.

(2) A candidate for a second-class certificate shall be at least Qu Ufica twenty-two years of age, and shall furnish proof that he has!~~ ~~~~lass served four years in charge of and operated a boiler or boilers, ce tficates and had charge of and operated an engine or engines, of not less than fifty horse powN or that he has served twenty-four months in a workshop employed in the manufacture of engines or boilers, and has serve<l as engineer of a steam plant of not kss than s<~Yellty-five horse powr-r for a pNiod of at least twenty- four months. (:3) A candidate for a third-class certificate shall be at least Qu llfica_ twenty years of 3Pe shall furni:,;h proof that he has served as tio s for . .

"' ' . ' . thl ct-class hl'eman of a botler or b Hlcrs, for a penoJ of twelve months; cer tficates has had charge of and operated a boiler or boilers, and has had cimrge of and operJ.ted an engine or engines for a further period of twelve months, or that he has served twelve months in a workshop employed on the manufacture or repairing of engines or boilers, and as fireman of a steam boiler for a further period of twelve months. 3!}.

The final certificate, known as traction engineer's final Qu l!fica certificate, will be granted to traction engineers upon satis- i~: ~~~o; hr>torily passing a combined written and oral examination en neer's before an inspector· this certificate will be termed "traction fin . , . . }. ~ . . cer Ificates en.~mecr s !mal certlt1eate," and wtll be valtd to operate tractiou boilers and engirws only. 40.

Upon the applicant for a final certificate of qualification Int rim as an engineer completing the examination set by the inspector cer lficate but before the re~mlts thereof arc announced, the inspector may issue to such candiitate an interim certificate of the class to which he would be entitled upon passing such examination, which certificate shall entitft, tlw holJcr to opc~rate as an engineer of the cla;;;s therein i':lpeciiied, for a limited period to be specified in the certificate; s tch period shall in no case exceed thirty dny:,;. 41.

A final fireman'i':l certifieatc for operating a heating boiler Qw ifica only, in whil~h over twenty p:mnds and not more than one tion for hundred pounds of ~tl'am is carried, shall be gmnted upon the~~: ~~~of applicant passing a written awl oral examination such as is pia t's l · 1 1 b j 1 h 1· f cert fica·te aH c own y t 1e l c'partment; sue app I cant or a fireman's certifieate for a heating boiler shall be required to produce satis- factory and conclusive evidence of at least six months' exper- ience as an engineer or fireman of a steam boiler.

11 4:~.

Any person who has had over twelve months' experience Q alinca-. fi 'd h · tl s for as an engmeer or reman outs! e t e provmce, or any person pr visional who has served for twelve months in the province as fireman ce tiflcate to the holder or holders of a final engineer's certificate, may apply to the Minister or an inspector for a provisional certificate of qualification for operation of boilers or engines not having a capacity of more than fifty horse power, and the Minister, or such inspector, upon being satisfied that the applicant is a person of f.ufficient experience to justify the same, may cause the applicant to be orally examined by an inspec~or, and upon such applicant passing such examination satisfactorily, he may be granted such provisional certificate, valid for a period of one year from the date of issue thereof. (2) 8uch lJrovisional certificate rnav be renewed for a fu,\her ne e.w.a.l of . • - J • pro ISional p;mocl of one year, but no longer, and the applicant for such cer Iflcates renewal may be required to pass an oral examination satisfac- tory to an inspector. 4:J.

The Minister may, upon the recommendation of an in-sec nd spector, grant a second provisional certificate, valid for a period pro 1 1f!s!ontal f f . l l l b . l cer ca es o one year rom 1ts ( ate, to any person w w tas su mittet to an examination in aceordance with the provisions of this Act. but has failed to receive from such inspector a recom menuation for a final certificate of qualification, but no further or other provisional certificate shall be granted, unkss such person is n:cormnended for same by the inspector.

(2) The holder of a provisional certificate, or anyone who in App !cation \ . . f . h l l ffi . . for nd t 1e optmon o an mspector as tal su CICnt or extensive .~-ott or a experience in operating boilers ancl engines as to justify the same, fin~ certJ!fi lll'tY be granted a final cQrtificatc of qualification as an engineer, ca or fireman of a heating plant, upon passing such an examination which shall be corductcd in accordance with such regulations as may from time to time be prescribed by the Minister, and the Minister shall determine the qualifications requisite for the candidates for the several classes of certificates, and shall pres- cribe the fees to be paid for such examination, and for the issue of cl'l'tificates to the successful candidates . ..tt.

The inspector shall determine the class of examination InS'p ctor to h. h h 1' 1 dete mine w IC t e app want s mll undergo, whether for first, second or clas. writ- third-class certificate, and after such examination, if found ten r competent, the applieant shall receive a certificate graded aceording to the merits of his examination, irrespective of the grade of certificate for which he applied.

(2) Any candidate failing to pass the ~cquired examination~~~~~ for first or second-class certificates shall not be allowed to to Ia, Jse present himself for further examination for a r)eriod of one year, aft<>t rail-. . . ure pass dunng wluch term he must operate as an engmeer, and upon exa.n inatlon further application show s1.tisfactory evidence of additional experience. 4;).

Any person w!10 }wills a certificate of qualification as an ceru 1cate caginecr for operating boilNs and engines, granted under them~ :d provisions of any Aet of the Parliament of Great Britain and fn lie Ireland, or of the Dominion of Canada, or of any province therein, or of any other part of His Majesty's dominions, may, upon making applieation t/) the Minister, accompanied by such e·vi- dcnce of qualificatiOtl as may be required by the Minister, and upon satisfactorily 1 a,.:sing an <'Xamination before an inspector if dct•med necessary by the Minister, obtain a certificate of qualification as an engineer in the class determined by the Minister.

12 4:6.

Every person who makes, or procures to be made, or Fals . . k" f l . f th f repr senta.-aSSlStS lll rna ·mg, any a se representatiOn or e purpose o ttons and obtainin(J" for himself or for any other person, a certificate of forg.l g of "' . h · · f · cert1 cate-s competency or service, or w o forges, or assists m orgmg, or procures to be forged, or fraudulently alters, or assists in fraudulently altering, or procures to be fraudulently altered, any such certificate, or any official copy of any such certificate, or who fraudulently makes use of any such certificate which is forged, altered, cancelled, suspended, or to which he is not justly entitled, or who fraudulently lends his certificate to, or allows the same to be used by any other person, shall for such offence be deemed guilty of an offence, and shall be liable upon sum- mary conviction thereof to a penalty of not less than $50.00 and not more than $100.00, and any engineer who faiTs to deliver up a certificate which has been cancelled or suspended shall be liable to a penalty of not less than $25.00 and not more than $100.00.

(2) Any person other than the holder thereof becoming possessed of a certificate shall transmit it forthwith to the department. 47.

If a candidate for a final certificate should be unable Provi ion tel write, he may employ some person to write the examination ~~~an ensls therefor from his dictation; such person shall not be an engineer, and shall, before performing any duties under the provisions of this section, subscribe before an inspector the following oath: "I, A.B., of the ............................... in the Province of Alberta,. . . . . . . . . . . . . . . . .. swear: That I will truly, faithfully and accurately without alteration or intu· lineation of any kind, transcribe the answers dictated to me by C.D. (here insert the name of candidate) a candidate for a final certificate, under the provisions of The Boilers Act.

So help me God."

(2) If such cancliclate should be unable to speak the English language, he may employ some person as interpreter; such person shall not be an engineer, and shall, before performing any duties unLler the provisions of this section, subscribe before an inspector the following oath: "I, A.B., of the ................................ in the Province of Alberta, . . . . . . ........ swear: That I shall truly ancl faithfully interpret the questions and the answers given on the examination of C.D. (here insert the name of can (hdate), a candidate for a final certificate under the provisions of The Boilers Act, and all other matters connccterl there with, and the Italian (or German, or as the case may be) languag:r~ into the English language, and the English language into the Italian (or German, or as the case may be) language, according to the best of my skill and ability.

So help me Gorl." 48. Any candidatl~ may appeal in writing to the Minister Ap~eai from f l d · · f j · • d · · deCJs!o of mm t 1e ecisiOn o t 1e mspector 111 regar to any exammatwn, tnspec ,r and the decision of the Minister in regard to such examination shall be final. 4:9.

If an inspector shoulcl finl an engineer, or fireman of a Inspeo r h(~ating plant, violatiag any of the provisions of this Act, or in ::,en a11y way negligently opNating a steam plant in his charge, or certlfic te unclrr the influcnee of liquor while on duty, he may take pos- session of such engineer's or fireman's certificate, and remit the same to the department together with a full report of the eircumstanccs of the case.

(2) The Minister may, upon due cause being shown, cancel tnlster or suspend any certificate issued under the provisions of this c rit~~f: 1 Act, and any person ·whose certificate is so ~ancelled or . sus- pended shall be deemed guilty of a breach of thts Act, and hable to the penalties hereinafter imposed. 50. If any owner believes that his boiler or engine has been I spector y obtain damaged through the negligence of the engineer in charge, c tltioote he shall immediately report such negligence to an. inspector, verifying the facts contained in such report by a statutory declaration.

(2) Such inspector shall thereupon immediately investigate the charge and may, if he deem proper, demand and obtain from such engineer in charge, his certificate, and shall immediate ly forward a report of any investigation made under the pro visions of this

section to the Minister, together with the certi ficate, if any, which he has ordered to be delivered up by the engineer in charge; the Minister may thereupon order such certificate to be returned to such engineer, suspend the oper ation of said certificate for such period as he may deem just, or cancel such certificate.

(3) Any engineer in charge refusing to deliver up his -certifi cate when same is demanded by an inspector under the provisions of this

section shall be deemed guilty of a viola tion of this Act. 51. The fees for the issue of a permit under

section 34 hereof, Fe by an applicant for examination under

section 3G or by appli cant for a certificate under sections 42 or 45 respectively shall be as follows: First-class certificate ............................... $10.00 Second-class certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 00 Third-class certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 00 Final traction certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 00 Final fireman's certificate. . . . . . . . . . . . . . . . . . . . . . . . . . 2. 50 Second provisional certificate. . . . . . . . . . . . . . . . . . . . . . . 5 . 00 Provisional certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 00 Renewal of provisional certificate........ . . . . . . . . . . . 2. 50 Perrnit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 5. 00

(2) All fees payable under this Act shall be paid into general revenue fund. 52. If a certificate is lost or destroyed, a duplicate may be ce tlf!cate issued upon satisfactory proof to the department, and upon los or receipt of the fee authorized by this Act, for the issue of an des royed original certificate of the same class. 53.

The 0\Vm•r of a plant where there is a battery of boilers Pr vision of a capacity exceecling five hundred horse power and where t~r fge such battery' of boilr·rs 1s contained in a building separate from P ·a ' s the rest of the plant shall in addition to such engineers as he i:-; otherwise n·quired to employ under the provisions of this Act, employ engineers holding at least second class certificates in charge of such battery of boilers on both day and ni()'ht ~~- ~ 54.

No engineer or fireman of a heating plant shall absent Ab ence of himself from duty in conneetion therewith for more than ten eng neer minutes at a time while the plant is in operation.

14 55. The Minister may from time to time make such regulations Re uiBJtlons and prescribe such forms as may be deemed necessary for the proper carrying into effect of the provisions of _this Act, and such regulations shall have the same force and effect as if they were included in this Act and herein enacted. 56. Any person guilty of a breach of any of the provisions of Pe alt!es this Act, or any regulations made thereunder, for which no penalty is· herein specified, shall on

summary conviction thereof be liable to a penalty not exceeding $50.00 and not more than $100.00. 5'7. All fees and penalties mentioned in this Act may be Re overy . . of P.es and recovered and enforced with costs on

summary conv1et10n pen It1es before a justice of the peace. 58. The Steam Boilers Act, being

chapter 23 of the Statutes R of Alberta, 1906, and all amendments thereto, are hereby re])('aled.

No. 20 THIRD SESSION SECOND LEGISLATURE 2 GEORGE V 1911 BILL

An Act respecting the Operation and Inspection of Boilers. Received and read the First time ................. . Second time ................. . Third time .................. . HoN. A. L. SIFTON EDl\10.\l"TON: J AlliES E. RrcHARDS, Government Printer >\.D. 1911 Title: 1911 (2nd, 3rd) Bill 20,

An Act respecting the Operation and Inspection of Boilers

Document details

Collection	Alberta — Bills
Citation	L2 S3 10725
Type	bill
Volume / chapter	L2 S3 10725
Language	en
Format	json
Source	PROVINCIAL
Identifier	98759c32c13adac72def0733c1040392bd53ce3e

Source file is stored in the law ingest library (json).