© NS Registry of Regulations. Web version. 19

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 35, No. 3 February 11, 2011 Contents Act Reg. No. Page Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 1 6 / 2011 159 Prescribed Petroleum Products Prices ......................................... 1 8 / 2011 167

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t .............................. 1 7 /2011 161 Technical Safety Act Proclamation of Act, S. 61, S.N.S. 2008, c. 10–except S. 3(e), (u) & (v), S . 6 ( 1 ) ( d ) ( i ) , ( i v ) & ( v ) , S . 5 2 ( 1 ) ( a ) , ( c ) & (

d) a n d S . 5 5 , 5 8 & 5 9 .................. 8 /2011 20 Boiler and Pressure Equipment Regulations .................................... 1 0 / 2011 31 C r a n e O p e r a t o r s R e g u l a t i o n s ................................................ 1 3 / 2011 125 F u e l S a f e t y R e g u l a t i o n s .................................................... 1 1 / 2011 58 P o w e r E n g i n e e r s R e g u l a t i o n s ............................................... 1 2 / 2011 89 Technical Safety Fees Regulations ........................................... 1 5 / 2011 149 T e c h n i c a l S a f e t y G e n e r a l R e g u l a t i o n s ......................................... 9 / 2011 21 T e c h n i c a l S a f e t y S t a n d a r d s R e g u l a t i o n s ....................................... 1 4 / 2011 145 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force.

N.S. Reg. 8/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 3 20 © NS Registry of Regulations. Web version. N.S. Reg. 8/2011 Made: January 18, 2011 Filed: January 20, 2011 Proclamation, S. 61, S.N.S. 2008, c. 10 Order in Council 2011-25 dated January 18, 2011 Proclamation made by the Governor in Council pursuant to

Section 61 of the Technical Safety Act The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education dated January 13, 2011, and pursuant to

Section 61 of

Chapter 10 of the Acts of 2008, the Technical Safety Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that

Chapter 10 of the Acts of 2008, the Technical Safety Act, except clauses (e), (

u) and (

v) of

Section 3, subclauses (i), (iv) and (

v) of clause (

d) of subsection (1) of

Section 6, clauses (a), (

c) and (

d) of subsection (1) of

Section 52 and Sections 55, 58 and 59 do come into force on and not before April 1, 2011. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 61 of

Chapter 10 of the Acts of 2008, the Technical Safety Act, it is enacted as follows: 61 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 10 of the Acts of 2008, the Technical Safety Act, except clauses (e), (

u) and (

v) of

Section 3, subclauses (i), (iv) and (

v) of clause (

d) of subsection (1) of

Section 6, clauses (a), (

c) and (

d) of subsection (1) of

Section 52 and Sections 55, 58 and 59 do come into force on and not before April 1, 2011; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 10 of the Acts of 2008, the Technical Safety Act, except clauses (e), (

u) and (

v) of

Section 3, subclauses (i), (iv) and (

v) of clause (

d) of subsection (1) of

Section 6, clauses (a), (

c) and (

d) of subsection (1) of

Section 52 and Sections 55, 58 and 59 do come into force on and not before April 1, 2011, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed.

N.S. Reg. 8/2011 - 9/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 3 © NS Registry of Regulations. Web version. 21 WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 18th day of January in the year of Our Lord two thousand and eleven and in the fifty-ninth year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 9/2011 Made: January 18, 2011 Filed: January 20, 2011 Technical Safety General Regulations Order in Council 2011-26 dated January 18, 2011 Regulations made by the Governor in Council pursuant to

Section 49 of the Technical Safety Act The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education [Workforce Development] dated December 15, 2010, and pursuant to

Section 49 of

Chapter 10 of the Acts of 2008, the Technical Safety Act, is pleased to make new general regulations respecting technical safety in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 1, 2011.

Schedule “A” General Regulations Respecting Technical Safety made by the Governor in Council under

Section 49 of the

Chapter 10 of the Acts of 2008, the Technical Safety Act

Interpretation and Application Citation 1 These regulations may be cited as the Technical Safety General Regulations.

Definitions 2 In the Act and the regulations made under the Act, “Act” means the Technical Safety Act; “Apprenticeship Board” means the Apprenticeship Board appointed under the Apprenticeship and Trades Qualifications Act;

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Web version. “Apprenticeship Training and Skill Development Division” means the Apprenticeship Training and Skill Development Division of the Department of Labour and Workplace Development [Advanced Education]; “construction” means following a system to assemble components or sub-components to create a regulated product or a part of a regulated product; “equivalent standards card” means an identification card issued to an individual by the Apprenticeship Training and Skill Development Division as evidence that the individual meets the qualifications set in another jurisdiction that the Division considers to be equivalent to the Provincial standard, and the card is deemed to be a certificate of competency; “general fees” means the fees for general, non-sector-specific services under the Act or these regulations that are set by the Minister in the Technical Safety Fees Regulations made under the Act.

Advisory Board and Sub-committees Advisory Board composition 3

(1) The Advisory Board may have up to 17 members, in addition to the secretary to the Board.

(2) The Minister must appoint the Administrator or the Administrator’s representative as a non-voting member of the Advisory Board and to hold the position of secretary to the Advisory Board;

(3) The Minister may appoint any of the following as members of the Advisory Board: (

a) the Chair of the Apprenticeship Board, or another member of the Apprenticeship Board selected by the Chair, who must be a non-voting member of the Advisory Board; (

b) the Director of [the] Apprenticeship Training and Skill Development Division or the Director’s representative, who must be a non-voting member of the Advisory Board; (c) 1 representative from the Construction Associ ation of Nova Scotia, as selected by that organization; (d) 1 representative from the Canadian Manufacturers and Exporters, as selected by that organization; (e) 1 representative from the Building Owners and Managers Association Nova Scotia, as selected by that organization.

(4) If an organization specified in clause (3)(c), (

d) or (

e) is unable to select a representative, the Minister may appoint a member selected by a similar organization chosen by the Minister to replace the specified organization.

(5) The Minister may appoint any of the following as members of the Advisory Board: (a) 1 member who holds a Provincial or interp rovincial first class power engineer licence under the Power Engineers Regulations made under the Act, and who is working in a first class boiler plant; (b) 1 member who has experience working for a public utility performing inspections of electrical installations;

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Web version. 23 (c) 1 member who has a crane operator 1 licence with a lattice boom crane endorsement under the Crane Operators Regulations made under the Act, and who has experience in crane operation; (d) 1 member who has experience in manufacturing boilers or pressure equipment, as the term is defined in the Boiler and Pressure Equipment Regulations made under the Act; (e) 1 member who has experience in a business installing or maintaining amusement devices; (f) 1 member who has experience in a business installing or maintaining elevating devices; (g) 1 member who has experience in the industry of installing or servicing oil appliances, as the term is defined in the Fuel Safety Regulations made under the Act; (h) 1 member who has experience in the industry of installing or servicing propane or natural gas appliances, containers or equipment, as those terms are defined under [in] the Fuel Safety Regulations made under the Act; (i) 1 member who holds a certificate of competency or certificate of qualification in a trade within the scope of the Act or regulations under the Act and is experienced in that trade; (

j) up to 3 other members, as considered necessary by the Minister for the efficient and effective operation of the Advisory Board. Reports of Advisory Board 4( 1 ) The secretary must provide a copy of every report of the Advisory Board to the Minister.

(2) The Advisory Board must provide its recommendations and the recommendations it adopts from any sub-committee’s report to the Advisory Board in the form of a report to the Minister.

(3) The Advisory Board must routinely provide a report to the Minister on the state of technical safety in the Province. Chair and vice-chair of Advisory Board 5( 1 ) The Advisory Board must select 1 voting member to be the chair of the board.

(2) The Advisory Board must select 1 voting member to be the vice-chair of the board when the chair is unavailable.

(3) Despite subsections (1) and (2), the Minister may select a member to be the initial chair and a member to be the initial vice-chair of the Advisory Board.

(4) Despite subsections (1) and (2), if the Advisory Board does not select a chair or vice-chair, the Minister may select a member to be the chair or vice-chair. Meetings of Advisory Board 6 Meetings of the Advisory Board must be held a minimum of once a year, and as necessary at the request of the Advisory Board Chair. Quorum of Advisory Board 7 The majority of the voting members of the Advisory Board constitutes a quorum.

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Part II - Regulations Vol. 35, No. 3 24 © NS Registry of Regulations. Web version. Term of members of Advisory Board 8( 1 ) Subject to subsections (2) and (3), an Advisory Board member may be appointed for a term of up to 3 years and may be reappointed.

(2) The Minister may appoint an Advisory Board member for an initial term of up to 5 years.

(3) A member of the Advisory Board may be appointed for up to a maximum of 2 consecutive terms.

(4) A member ceases to be a member if any of the following occurs: (

a) the member resigns; (

b) the member is unable to act as a member; (

c) the member fails to attend 3 consecutive Advi sory Board meetings without providing a excuse reasonable to the Advisory Board Chair; (

d) the member was a civil servant appointed to the Advisory Board and is no longer employed, or has changed position, with the civil service of the Province; (

e) the member is no longer associated with the organization they were appointed to represent on the Advisory Board; (

f) the member no longer meets the selection criteria of their appointment as a member of the Advisory Board in

Section 3.

(5) Despite any other provision in these regulations, an individual continues to be considered a member and to hold their position on the Advisory Board for up to 3 months after the date their term expired unless any of the following occurs: (

i) the individual ceases to be a member under subsection (4), (ii) the individual is reappointed, (iii) a new member is appointed for their position. Role of Advisory Board 9( 1 ) In addition to the roles and duties set out in the Act, the Advisory Board may do any of the following: (

a) in seeking advice from non-members and experts under clause 11(4)(

c) of the Act, receive submissions and hear petitions, briefs and comments from individuals or groups with respect to the Act; (

b) make recommendations to the Minister on any of the following: (

i) a question or examination for a type or class of certificate of competency, (ii) criteria for a training program for a type or class of certificate of competency required in a regulation made under the Act, (iii) a requirement in a practical test for a type or class of certificate of competency required in a regulation made under the Act,

N.S. Reg. 9/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 3 © NS Registry of Regulations. Web version. 25 (iv) a qualification for a type or class of certificate of competency, (

v) a requirement in a practical test for a type and level of endorsement, or a type or class of certificate of competency required in a regulation made under the Act, (vi) a qualification for a type and level of endorsement or a type or class of certificate of competency, (vii) recommendations made in a report from a sub-committee, (viii) an acceptable equivalent for meeting a requi rement in a regulation made under the Act.

(2) The Advisory Board may establish procedures, policies and operating guidelines for conducting the business of the Advisory Board, as it considers necessary. Sub-committees 10

(1) With the Minister’s approval, the Advisory Board must initially create the following sub- committees: (

a) boiler and pressure equipment advisory sub-committee; (

b) crane operator advisory sub-committee; (

c) fuel safety advisory sub-committee; (

d) power engineer advisory sub-committee.

(2) With the Minister’s approval, the Advisory Board may establish procedures, policies or operating guidelines for conducting the business of a sub-committee as it considers is necessary.

(3) The Minister may disband a sub-committee at any time if the Minister believes that any of the following apply: (

a) the sub-committee is not meeting its mandate; (

b) the sub-committee is not following establishe d procedures, policies or operating guidelines; (

c) the sub-committee is no longer necessary for examining technical safety issues.

(4) With the Minister’s approval, the Advisory Board may assign duties, including some of the Advisory Board’s duties, to a sub-committee. Reports of sub-committees 11

(1) A sub-committee must provide its recommendations in the form of a report to the Advisory Board.

(2) The secretary must provide a copy of every report of the sub-committee to the Advisory Board. Chair and secretary of sub-committees 12

(1) The Advisory Board must select a member of a sub-committee who is a member of the Advisory Board to act as the chair of the sub-committee.

(2) The Administrator or the Administrator’s representative must be a non-voting member of each sub- committee and hold the position of secretary to the sub-committee.

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Part II - Regulations Vol. 35, No. 3 26 © NS Registry of Regulations. Web version. Composition of sub-committee 13

(1) Excluding the secretary, an advisory sub-committee must have a minimum of 5 members and, except as provided in subsection (2), a maximum of 10 members.

(2) An advisory sub-committee may have more than 10 members if the Advisory Board approves the increased membership.

(3) To be appointed as a member of a sub-committee, a person who is not a member of the Advisory Board must be an expert or specialist in an aspect of technical safety that the Advisory Board considers necessary for the efficient and effective operation of the sub-committee. Meetings of sub-committees 14 A meeting of a sub-committee must be held at the request of the Advisory Board Chair or the sub- committee chair. Quorum of sub-committees 15 A majority of the voting members of a sub-committee constitutes a quorum. Termination of membership in sub-committee 16 A member of a sub-committee ceases to be a member of the sub-committee if any of the following occurs: (

a) the member resigns; (

b) the member is unable to act as a member; (

c) the member fails to attend 3 consecutive s ub-committee meetings without providing a excuse reasonable to the sub-committee chair; (

d) the member is no longer associated with the or ganization that they were appointed to represent on the sub-committee. Notice and Report of Incident Content of notice of incident 17 When giving notice of an incident as required by

Section 13 of the Act, an owner or operator must provide the Administrator or the Administrator’s designate with all of the following information: (

a) the full name of individual reporting the incident; (

b) the title of individual reporting the incident; (

c) the contact information for the individual reporting the incident; (

d) the civic address of the location of the incident; (

e) the date and approximate time of the incident; (

f) a description of the incident; (

g) the extent of any injury or damage caused by the incident.

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Part II - Regulations Vol. 35, No. 3 © NS Registry of Regulations. Web version. 27 Content of written report of incident 18 An owner or operator who is required by the Administrator or Administrator’s designate to provide a written report of an incident must include all of the following information in the report: (

a) all of the information listed in subsection (1); (

b) details of the incident; (

c) details of any corrective action taken as a result of the incident; (

d) any relevant information specifically requested by the Administrator or the Administrator’s designate. Reinstatement of Authorizations, Registrations, Licences and Permits Application for reinstatement of authorization or registration 19

(1) The holder of an authorization or registration that is revoked or suspended under subsection 22(3) of the Act may apply to the chief inspector or person who suspended or revoked the authorization or registration to have it reinstated.

(2) An applicant for reinstatement of an authorization or registration must include all of the following with their application under subsection (1): (

a) the identifying number for the suspended or revoked authorization or registration; (

b) the identity of the person requesting the reinstatement; (

c) contact information for [the] person requesting the reinstatement; (

d) details of any required corrective action ta ken by the person requesting the reinstatement; (

e) details of any required additional training ta ken by the person requesting the reinstatement; (

f) payment of the applicable general fees. Application for reinstatement of licence 20

(1) A holder of a licence that is suspended or revoked under subsection 23(7) of the Act may apply to the chief inspector who suspended or revoked the licence to have the licence reinstated.

(2) An applicant for reinstatement of a licence must include all of the following with their application under subsection (1): (

a) the identifying number for the suspended or revoked licence; (

b) the identity of the person requesting the reinstatement; (

c) contact information for [the] person requesting the reinstatement; (

d) details of any required corrective acti on taken by the person requesting the licence reinstatement; (

e) details of any required additional training ta ken by the person requesting the reinstatement;

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f) payment of the applicable general fees. Application for reinstatement of permit 21

(1) A holder of a permit suspended or revoked under subsection 24(5) of the Act may apply to the chief inspector or inspection agency who suspended or revoked the permit to have the permit reinstated.

(2) An applicant for reinstatement of a permit must include all of the following with their application under subsection (1): (

a) the identifying number for the suspended or revoked permit; (

b) the identity of the person requesting the permit reinstatement; (

c) contact information for [the] person requesting the permit reinstatement; (

d) details of any required corrective acti on taken by the person requesting the permit reinstatement; (

e) details of any required additional traini ng taken by the person requesting the permit reinstatement; (

f) payment of the applicable general fees. Alternative Compliance Method Application for authorization of an alternative compliance method 22

(1) A person may discuss the viability of a proposed alternative compliance method with the chief inspector for the regulated work or regulated product, and obtain a preliminary assessment of the proposal before submitting an application for authorization under

Section 27 of the Act.

(2) An applicant for authorization of an alternative compliance method under

Section 27 of the Act must include all of the following with their application: (

a) the full name of the person requesting the authorization; (

b) the title of [the] person requesting the authorization; (

c) contact information for the person requesting the authorization; (

d) the civic address of the location for the property, thing or activity that is the subject of the request for the authorization; (

e) if the person applying for authorization is not the owner of the property, thing or activity that is the subject of the request for the authorization, written authorization from the owner that includes all of the following: (

i) confirmation that the owner has been in formed of the request for authorization, (ii) confirmation that the owner has been inform ed of the details of the proposed alternative compliance method, (iii) confirmation that the owner has agreed to accept the alternative compliance method if authorization is granted;

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f) the

Section of the Act, regulations under the Act or standard, including the edition date, that the alternative compliance method replaces; (

g) details on the proposed alternative compliance method; (

h) the reasons why authorization of the alte rnative compliance method is being requested; (

i) a detailed risk assessment of the proposed alte rnative compliance method that identifies all of the following: (

i) the risk reduction methodology addressed in the assessment, (ii) the types of hazards addressed in the assessment; (

j) an assessment of any alternatives to th e proposed alternative compliance method; (

k) copies of plans and specifications for the proposed alternative compliance method; (

l) a report prepared and certified by an engineer that provides a complete assessment of the proposed alternative compliance method; (

m) a certified copy of any applicable certifi cation documents from a recognized certification organization; (

n) the name of any jurisdiction and the authority having jurisdiction that has accepted the proposed alternative compliance method; (

o) an explanation of how the proposed alternativ e compliance method will result in the same or a greater level of technical safety, as required for granting an authorization under subsection 27(2) of the Act; (

p) payment of the applicable general fees. Minor Variance Application for a minor variance 23 An applicant for a minor variance under

Section 28 of the Act must provide the chief inspector for the regulated work or regulated product with all of the following with their application: (

a) the full name of the person requesting the minor variance; (

b) the title of [the] person requesting the minor variance; (

c) contact information for the person requesting the minor variance; (

d) the civic address of the location for the property, thing or activity that is the subject of the request for the minor variance; (

e) the

Section of the Act, regulations under th e Act or standard, including the edition date, that the minor variance is for; (

f) details on the requested minor variance;

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g) the reasons why the minor variance is being requested; (

h) an explanation of how the requested minor variance will result in the same or a greater level of technical safety, as required for granting a minor variance under subsection 28(2) of the Act; (

i) payment of the applicable general fees. Maintenance Work Exemptions Exemption from licence or permit for certain maintenance work 24

(1) In this Section, “maintenance” means work performed to replace a sub-component of a regulated product with a like sub-component that does not change the capacity, configuration or design of the product.

(2) Despite any requirement for a licence or certificate of competency in any regulations made under the Act, an individual who performs regulated work is exempt from the requirement to obtain a licence or a certificate of competency if all of the following conditions are met: (

a) the regulated work performed is exclusively maintenance; (

b) the individual performing the work is an employee of the owner of the regulated product that the regulated work is performed upon; (

c) the individual who performs the work has successfully completed the required training to safely and competently perform that regulated work; (

d) the chief inspector for the regulated work is satisfied that the training completed under clause (

c) is sufficient.

(3) Despite any requirement for a permit in any regulations made under the Act, an owner of a regulated product is exempt from the requirement to obtain a permit to perform or permit the performance of regulated work on a regulated product, if all of the following conditions are met: (

a) the regulated work performed is exclusively maintenance; (

b) the individual performing the work is an employee of the owner of the regulated product that the regulated work is performed upon; (

c) the individual who performs the work has successfully completed the required training to safely and competently perform that regulated work; (

d) the chief inspector for the regulated work is satisfied that the training completed under clause (

c) is sufficient.

(4) A chief inspector may issue a directive to provide guidance on what training is sufficient for the purposes of clause (2)(

d) or (3)(d).

(5) If an employee, as an individual who performs regulated work, or an employer, as an owner of a regulated product, relies on a directive issued under subsection (4), the employer must ensure that all of the following are done:

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a) a record is made of all training taken by the employee to comply with clause (2)(

c) or (3)(c); (

b) a record is made of any test taken by an employee; (

c) records made under clauses (

a) and (

b) are kept and are available for auditing for at least 7 years from the date the training or testing was taken by the employee. N.S. Reg. 10/2011 Made: January 18, 2011 Filed: January 20, 2011 Boiler and Pressure Equipment Regulations Order in Council 2011-27 dated January 18, 2011 Regulations made by the Governor in Council pursuant to

Section 49 of the Technical Safety Act The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education [Workforce Development] dated December 15, 2010, and pursuant to

Section 49 of

Chapter 10 of the Acts of 2008, the Technical Safety Act, is pleased, effective on and after April 1, 2011, to: (

a) repeal the regulations respecting steam boilers a nd pressure vessels, N.S. Reg. 19/58, made by the Governor in Council by Order in Council dated November 25, 1958; and (

b) make new regulations respecting boiler and pressure equipment in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” Regulations Respecting Boiler and Pressure Equipment made by the Governor in Council under

Section 49 of

Chapter 10 of the Acts of 2008, the Technical Safety Act

Interpretation and Application Citation 1 These regulations may be cited as the Boiler and Pressure Equipment Regulations.

Definitions 2( 1 ) In these regulations, “Act” means the Technical Safety Act; “ASME” means the American Society of Mechanical Engineers; “authority having jurisdiction” means a regulatory authority that is responsible for administering and enforcing the Act and these regulations or any statute and regulations governing the design, fabrication, installation, repair and alteration of boilers or pressure equipment within a jurisdiction;

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Part II - Regulations Vol. 35, No. 3 32 © NS Registry of Regulations. Web version. “authorized individual” means an individual who holds a valid commission and endorsement as an authorized inspector issued by the NBBI, but is not an inspector under the Act or these regulations; “boiler inspector” means an individual who holds either (

i) a BPE certificate of competency (inspections), or (ii) a certification equivalent to that in subc lause (

i) from the authority having jurisdiction for the jurisdiction where the individual conducts the inspections; “boiler system” means a boiler and the components of the system for the boiler, including piping, de- aerators, feed water storage tanks and heat exchangers; “BPE certificate of competency (inspections)” means a certificate of competency granted to an individual under

Section 26 of the Act in recognition of the individual’s qualifications to perform the regulated work of conducting inspections as specified on the certificate; “BPE chief inspector” means the inspector designated as the chief inspector for the purposes of the Act and these regulations; “BPE contractor licence” means a licence granted to a contractor under

Section 23 of the Act that authorizes the contractor to carry out regulated work as specified in the licence; “BPE fees” means the fees for boiler and pressure equipment services set by the Minister in the Technical Safety Fees Regulations made under the Act; “BPE inspector” means an inspector designated for the purposes of the Act and these regulations; “BPE permit” means a permit granted to a person under

Section 24 of the Act that authorizes the person to perform the regulated work of installing, altering, making an addition to, repairing or constructing a regulated product as specified in the permit; “BPE standards” means the standards for boilers and pressure equipment established or adopted by the Minister in the Technical Safety Standards Regulations made under the Act; “certified individual” means an individual employed by a manufacturer who is accredited as a “certified individual” by the ASME for the manufacturer; “component” means a pressure-retaining part of a boiler or of pressure equipment such as a boiler part, pressure vessel part or a fitting; “CRN” means a Canadian Registration Number as defined in the edition of Canadian Standards Association standard CSA B51, Boiler, Pressure Vessel and Pressure Piping Code adopted by the Minister in the Technical Safety Standards Regulations made under the Act; “diameter”, in relation to a regulated product, means the inside diameter of a pressure boundary, unless otherwise stated in the BPE standards; “equipment licence” means a licence granted to a person under

Section 23 of the Act that authorizes the person to use or operate a regulated product as specified in the licence; “expansible fluid” means either of the following:

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i) a vapour or gaseous substance, (ii) a substance that is a liquid under its cu rrent pressure and temperature but that will change to a gas or vapour when the pressure is reduced to atmospheric pressure; “fabricate” means to prepare components for regulated products for subassembly, including cutting edge preparation for forming, bending, threading or welding at a shop or field site; “fabricator” means a person responsible for fabricating a regulated product or a component for a regulated product; “fitting” means any item, including a component, valve, gauge, regulating and controlling device, flange, pipe fitting or any other appurtenance, that meets all of the following criteria: (

i) it is not a boiler, pressure vessel, heat ex changer, air receiver, liquid receiver, steam processor, petroleum furnace coil, pressure piping system or refrigeration system, (ii) it is part of the pressure boundary, (iii) it is attached to or forming part of a boiler or pressure equipment; “gas” means any of the following: (

i) natural gas, either before or after processing, (ii) a substance recovered from natural gas, crude oil, oil sands or coal for transmission in a gaseous state; (iii) a gaseous substance used to inject through a well into an underground formation; “heating boiler” means a fired steam boiler or a fired high-temperature hot-water boiler; “manufacture” means to complete the whole or parts of a regulated product; “manufacturer” means a person responsible for manufacturing a regulated product; “manufacturer’s data report” means a report prepared and certified by (

i) a manufacturer on the manufacture of a regulated product, or (ii) a fabricator on the fabrication of a regulated product; “NBBI” means the National Board of Boiler and Pressure Vessel Inspectors of the United States; “oil refinery” means a plant used for separating, vaporizing, cracking, desalting, purifying or refining oil or any of its constituents and includes the boilers, pressure vessels or pressure piping systems used at the plant; “petroleum furnace coil” means a pressurized coil that is exposed to the products of combustion within an insulated enclosure located in a oil refinery or chemical pressure plant; “power boiler” means a fired or unfired steam boiler;

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Web version. “pressure” means pressure in kilopascals (kPag) or pounds per square inch (psig) as measured by a pressure gauge directly connected to the equipment that contains the pressurized material the gauge is measuring the pressure of; “pressure boundary” means the primary boundary separating a high pressure condition from a low pressure or atmospheric pressure condition; “pressure equipment” means a pressure vessel, fitting, heat exchanger, air receiver, liquid receiver, steam processor, petroleum furnace coil, pressure piping system or refrigeration system; “pressure piping system” means the pipes, tubes, conduits, fittings, gaskets, bolting and other components making up a system, the sole purpose of which is to convey an expansible fluid under pressure and control the flow of the expansible fluid; “pressure plant” means a plant with an installation of a boiler, pressure vessel, refrigeration system or compressed gas system that is operated either alone or in combination as a unit by the same owner and management, whether the unit is portable or permanently attached to a solid base, and includes any compressor, piping, appliance or equipment attached [to] or used in connection with the plant; “pressure vessel” means a vessel or apparatus, other than a boiler, that is or may be used to contain, store, distribute, transfer, distill, process or otherwise handle gas, air or liquid at a pressure of higher than 103 kPag (15 psig) and has the following measurements: (

i) a diameter of larger than 152 mm (6 in.), (ii) a capacity of greater than 42.5 L (1.5 cu. ft.); “pressure welder” means an individual who holds a pressure welder licence or is deemed to hold a pressure welder licence under

Section 52 of the Act; “pressure welder history log” means a record of a pressure welder’s completed pressure welder proficiency tests and the pressure welder’s continuity; “pressure welder licence” means a licence granted to an individual under

Section 23 of the Act that authorizes the individual to perform the regulated work of pressure welding, including high pressure welding, according to the class of licence and as specified in the licence; “pressure welding” means pressure welding or brazing performed on a regulated product; “pressure welding employer” means a manufacturer, fabricator, contractor, installer, welding shop operator or other person who employs a person to perform the regulated work of pressure welding on a regulated product; “process plant” means a commercial or industrial facility where fluids, gases or solids are processed using pressure and temperature to help generate a manufactured regulated product; “Provincial designator” means a number added to a CRN by the BPE chief inspector to indicate that the design for which the CRN was issued is a registered design; “quality program” means a program created by each manufacturer, fabricator, BPE contractor licence holder or BPE certificate of competency (inspections) holder that describes their work

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Section 9; “regulated plant” means a plant prescribed in

Section 6; “steam processor” means a pressure vessel used to raise the temperature of any material placed inside by using steam at a pressure higher than 103 kPag (15 psig).

(2) A term defined in

Section 3 [2] of the Technical Safety General Regulations made under the Act has the same meaning when used in these regulations. Regulated products prescribed 3 Except as provided in

Section 4, all of the following are prescribed as regulated products under the Act and these regulations: (

a) boiler systems; (

b) pressure equipment. Products exempted from Act and regulations 4( 1 ) All of the following products are exempt under subsection 6(2) of the Act from the Act and these regulations: (

a) a boiler system or pressure equipment that is subject to the Canada Shipping Act (Canada); (

b) a boiler system or pressure equipment that is subject to requirements made by the federal Department of Transport[, Infrastructure and Communities]; (

c) a boiler that has a maximum output capacity of 150 kW (507 104 BTU/hr) or less and has (

i) a steam service with a system safety or relief valve set at a pressure of 103 kPag (15 psig) or lower, or (ii) a hot water service with a system safety or relief valve set at a pressure of 206.7 kPag (30 psig) or lower; (

d) a boiler system located in a residential building that has 12 dwelling units or fewer; (

e) a boiler that is fully vented to atmosphere and connected to a hot water heating system in which water is heated and circulated with no intervening stop valves between the boiler and the expansion tank; (

f) a pressure vessel operated with a system safety or relief valve set at a pressure of 103 kPag (15 psig) or lower; (

g) a pressure vessel that has a diameter of 610 mm (24 in.) or less and contains both liquid and air, that is used (

i) exclusively for hydraulic purposes at atmospheric temperatures, or

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h) a refrigeration plant that has a common, connected refrigerant with a maximum output capacity within a 24-hour period of 11 kW (3 tons) or less; (

i) a pressure vessel that has a diameter of 610 mm (24 in.) or less and is used to store hot water at a temperature of 121 °C (250 °

F) or lower; (

j) a pressure piping system with any of the following types of piping or tubing: (

i) piping that is part of a system that is operating at a temperature of 121 °C (250 °

F) or lower, and has (

A) a steam service with [a] system safety or relief valve set at a pressure of 103 kPag (15 psig) or lower, or (

B) a water service with [a] system safety or relief valve set at a pressure of 1103 kPag (160 psig) or lower, (ii) piping or tubing with [a] system safety or relief valve set at a pressure of 690 kPag (100 psig) or lower and a temperature between -29 °C (-20 °

F) and 121 °C (250 °F), and the system is used to deliver treated or non-treated domestic water, products for human consumption, glycols, or non-toxic and non-lethal substances that are considered chemically and environmentally benign, (iii) air piping or tubing that has a system safety or relief valve set at a pressure of 1379 kPag (200 psig) or lower, (iv) piping or tubing that is part of a breathing air system that is modularized, manufactured and has a certification mark of a recognized certification organization, (

v) piping or tubing used directly in (

A) pneumatically or hydraulically controlled instruments, or (

B) steam tracing, (vi) refrigeration piping or tubing of a refrigeration system that has a maximum output capacity of 11 kW or less, or air conditioning used for human comfort, (vii) piping or tubing used for the delivery of fuels directly into a combustion system and subject to the Fuel Safety Regulations made under the Act, (viii) piping or tubing in a piping system used for fire suppression that is subject to the Fire Safety Act, (ix) piping or tubing used to deliver medical and inert gases, (

x) threaded piping of nominal diameter 50 mm (DN50) or 60.33 mm in outside diameter (nominal pipe size 2 in. (NPS 2) or 2.375 in. in outside diameter) or less with a system safety or relief valve set at a pressure of 1034 kPag (150 psig) or lower if it either (

A) meets the BPE standards, or

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B) is a pressure piping system that meets the requirements of the industry standard for the particular pressure piping system as determined by the BPE chief inspector; (

k) a pressure vessel that has a capacity of 42.5 L (1 .5 cu. ft.) or less and is included within 1 of the following types or classes: (

i) air starting tank, (ii) autoclave, (iii) in-line separator, (iv) steam jacketed kettle, (

v) steam jacketed sterilizer; (

l) a pressure vessel that is an integral part of a rotating or reciprocating mechanical device, such as a pump, compressor, turbine, generator, engine and hydraulic or pneumatic cylinder, and the primary design considerations or stresses of which are derived from the functional requirements of the device; (

m) a domestic hot water heater that has a diameter of 762 mm (30 in.) or less and is oil, propane or natural gas fired or uses electrical elements, spargers, jackets or coils as a heat source; (

n) a pressure vessel, fitting or pressure piping system at a temperature of 121 °C (250 °

F) or lower that is used exclusively for hydraulics.

(2) A pressure vessel that has a capacity of 42.5 L (1.5 cu. ft.) or less and is of a type or class not listed in clause (1)(

k) is exempt from the requirement to have a BPE permit in

Section 33 but the design must be registered as a fitting under

Section 9. Regulated work prescribed 5 All of the following are prescribed as regulated work under the Act and these regulations: (

a) work performed by a manufacturer in manufacturing a regulated product; (

b) work performed by a fabricator in fabricating a regulated product; (

c) work performed by a contractor in installing a regulated product; (

d) pressure welding for constructing, fabricati ng, manufacturing, assembling, installing, altering or repairing a regulated product; (

e) inspecting a regulated product; (

f) operating a regulated product; (

g) constructing, manufacturing, fabricating, assemb ling, installing, altering, making an addition to, maintaining or repairing a regulated product. Prescribed plants (regulated plants) 6 All of the following are prescribed as a plant under the Act and these regulations:

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a) boiler plants, including heating bo iler plants and power boiler plants; (

b) oil refineries; (

c) pressure plants; (

d) process plants; (

e) refrigeration plants. Recognized certification organizations prescribed 7 A certification organization recognized or accredited by the Standards Council of Canada is prescribed as a recognized certification organization under the Act and these regulations for the purposes that the certification organization is recognized or accredited by the Standards Council of Canada, including the ASME, CSA and NBBI referred to in these regulations.

Registration of Boiler and Pressure Equipment Owner ensures registration requirements met before inspected, installed or operated in Province 8( 1 ) An owner of a boiler, pressure vessel, fitting or petroleum furnace coil must pay any applicable BPE fees and ensure that it meets all of the following criteria before it is inspected, installed or operated in the Province: (

a) it has been issued a CRN for its design, drawings and specifications; (

b) its design is registered with the BPE chief inspector; (

c) it complies with all requirements for its registration or use.

(2) An owner of a pressure piping system must pay any applicable BPE fees and ensure that it meets all of the following criteria before it is inspected, installed or operated in the Province: (

a) it has been issued a provincial identificati on number (PIN) by the BPE chief inspector for its design, drawings and specifications; (

b) its design is registered with the BPE chief inspector; (

c) it complies with all requirements for its registration or use. Regulated products that require registered designs 9( 1 ) An owner, owner’s representative, manufacturer or fabricator must register with the BPE chief inspector all design drawings, specifications and supporting documentation for any of the following regulated products intended to be operated in the Province: (

a) a boiler; (

b) a fitting to be used on a boiler system or pressure equipment; (

c) a petroleum furnace coil; (

d) a pressure piping system; (

e) a pressure vessel.

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(2) A valid registered design may be used to construct any number of the regulated product that it is the registered design for.

(3) Registering a design for a regulated product under these regulations does not relieve an owner, owner’s representative, manufacturer or fabricator of their responsibility to comply with the BPE standards for the design and construction of the regulated product. Re-registration of deficient or cancelled design 10 A registered design that is later found to be deficient or has been cancelled must be revised by the owner, owner’s representative, manufacturer or fabricator to the satisfaction of the BPE chief inspector and re- registered before the design can be used. Canadian Registration Number required 11

(1) A CRN with the Provincial designator is required for the design, drawings and specifications for any of the following regulated products before it is manufactured, fabricated, inspected, installed or operated in the Province: (

a) a boiler; (

b) a fitting to be used on a boiler system or pressure equipment; (

c) a petroleum furnace coil; (

d) a pressure vessel.

(2) Before beginning to manufacture or fabricate a regulated product that requires a CRN under subsection (1), an owner must ensure that a CRN with the Provincial designator has been issued for the regulated product.

(3) A regulated product that requires a CRN under subsection (1) must have 1 of the following: (

a) an ASME certificate of authorization; (

b) a quality program acceptable to the BPE chie f inspector for the regulated product and any associated regulated work. Design review for Canadian Registration Number 12

(1) For the purpose of this Section, “design review” means a review of drawings and specifications that have been submitted for registration under this

Section to compare them against the BPE standards, interpret the design methodology and verify compliance with BPE standards.

(2) A design review for a boiler, pressure vessel, fitting or petroleum furnace coil may be carried out by an organization recognized by the BPE chief inspector.

(3) An organization who conducts a design review may recommend to the BPE chief inspector that the design be accepted and a CRN with Provincial designator be issued.

(4) The BPE chief inspector may accept or decline a recommendation from an organization who conducts a design review.

(5) Following a design review, if the BPE chief inspector is satisfied that the design, drawings and specifications for a regulated product are acceptable the BPE chief inspector must issue a CRN with the Provincial designator for the regulated product.

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(6) Only the BPE chief inspector may issue a CRN or add a Provincial designator to a CRN in the Province. Submitting boiler or pressure vessel design for registration 13

(1) An applicant for registration of a design for a boiler or pressure vessel must submit all of the following together with payment of any applicable BPE fees to the BPE chief inspector: (a) 2 copies of the drawings and specifications for the design, with a blank space for the registration stamp measuring at least 64 mm x 64 mm (2.5 in. x 2.5 in.) on all printed drawings; (

b) for a design that has been issued a CRN from another Canadian jurisdiction, the name of the jurisdiction where it was issued together with copies of all of the following: (

i) a declaration by the applicant stating the BPE standard, including the relevant edition and addenda dates, that the design complies with, (ii) all registration information provided in the CRN application in the other jurisdiction and documentation of any revisions made to the design, (iii) any changes to the design from the desi gn submitted for the CRN application in the other jurisdiction; (

c) a document, with a title block that identifies the boiler or pressure vessel, that includes all of the following information: (

i) the title of the BPE standards, including the relevant edition and addenda dates, that the design for the boiler or pressure vessel complies with, (ii) the maximum design pressure and temperature and the minimum design metal temperature, (iii) the ASME specification number for all mate rials, or the equivalence number supplied by the manufacturer, (iv) the method used in fabricating the boiler or pressure vessel, including weld joint details, (

v) the details of how the components are a rranged and the dimensions and fabrication tolerances of all components, (vi) the results of any physical tests conducted to establish the working pressure of the boiler or pressure vessel or any part of them, (vii) what the boiler or pressure vessel is to be used for, (viii) a listing of the BPE standards for all fittings used to manufacture the boiler or pressure vessel, (ix) all mechanical design calculations, as required by the BPE standards, (

x) the name plate or stamping facsimile for the boiler or pressure vessel,

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d) for a design that has been revised, the manufact urer’s name and location, together with all supplementary drawings and approvals for the boiler or pressure vessel.

(2) All drawings, specifications or information included in an application for registration must be signed by the person responsible for the design to indicate their approval of the drawings, specifications or information. Submitting pressure piping system design for registration 14

(1) An applicant for registration of [a] design for a pressure piping system must submit all of the following together with payment of any applicable BPE fees to the BPE chief inspector: (a) 2 copies of the drawings and specifications for the design, with a blank space for the registration stamp measuring at least 64 mm x 64 mm (2.5 in. x 2.5 in.) on all drawings; (

b) for a design that has been issued a CRN from another Canadian jurisdiction, the name of the jurisdiction where it was issued together with copies of all of the following: (

i) a declaration by the applicant stating the BPE standards, including the relevant edition and addenda dates, that the design complies with, (ii) all registration information provided in the CRN application in the other jurisdiction and documentation of any revisions made to the design, (iii) any changes to the design from the desi gn submitted for the CRN application in the other jurisdiction; (

c) flow or line diagrams showing the genera l arrangement of all boilers, pressure vessels, pressure piping systems, fittings and provisions made for expansion and anchor points; (

d) a list identifying all the pipelines in the sy stem, that shows the maximum operating pressures and temperatures for each part of the system; (

e) a list of pressure relief valves used in the pressure piping system, including the pressure settings for the system; (

f) material specifications, size,

schedule and primary service rating of all pressure pipe fittings; (

g) a list of the BPE standards for all fittings used to manufacture the pressure piping system; (

h) the method used in fabricating the pressure piping system, including weld joint details or welding symbols; (

i) any information the BPE chief inspector considers necessary to review the design and determine if it is acceptable for registration.

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(2) All drawings, specifications or information included in an application for registration must be signed by either the owner of the design or the manufacturer. Submitting petroleum furnace coil design for registration 15

(1) An applicant for registration of a design for a petroleum furnace coil must submit all of the following together with payment of any applicable BPE fees to the BPE chief inspector: (a) 2 copies of the drawings and specifications for the design, with a blank space for the registration stamp measuring at least 64 mm x 64 mm (2.5 in. x 2.5 in.) on all drawings; (

b) for a design that has been issued a CRN from another Canadian jurisdiction, the name of the jurisdiction where it was issued together with copies of all of the following: (

i) a declaration by the applicant stating the BPE standards, including the relevant edition and addenda dates, that the design complies with, (ii) all registration information provided in the CRN application in the other jurisdiction and documentation of any revisions made to the design, (iii) any changes to the design from the desi gn submitted for the CRN application in the other jurisdiction; (

c) the design calculations and a list of the BPE st andards used as the basis for the design of the petroleum furnace coil.

(2) All submitted drawings, specifications or information included in an application must be signed by either the owner of the design or the manufacturer.

(3) The design of a petroleum furnace coil may be submitted for registration as a submission for a pressure piping system. Submitting fitting design for registration 16

(1) An applicant for registration of a design for a fitting must submit all of the following together with payment of any applicable BPE fees to the BPE chief inspector: (a) 2 copies of the drawings and specifications for the design, with a blank space for the registration stamp measuring at least 64 mm x 64 mm (2.5 in. x 2.5 in.) on all drawings; (

b) for a design that has been issued a CRN from another Canadian jurisdiction, the name of the jurisdiction where it was issued together with copies of all of the following: (

i) a declaration by the applicant stating the BPE standards, including the relevant edition and addenda dates, that the design complies with, (ii) all registration information provided in the CRN application in the other jurisdiction and documentation of any revisions made to the design, (iii) any changes to the design from the desi gn submitted for the CRN application in the other jurisdiction; (c) 2 copies of a statutory declaration by the manufacturer attesting to all of the following:

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i) the category of the fitting, according to the categories listed in the edition of the Canadian Standards Association standard CSA B51 Boiler, Pressure Vessel and Pressure Piping Code adopted by the Minister in the Technical Safety Standards Regulations made under the Act; (ii) a list of the BPE standards used as the basis for the design of the fitting; (

d) sizes and thickness of material indicated on all design, drawings and specifications for the fitting; (

e) for all materials used in the fitting, the com position, tensile strength, and compressive strength of all parts that are subject to compression; (

f) the pressure to which a sample fitting was tested by the manufacturer and the pressure at which a sample fitting ruptured if tested to destruction; (

g) the maximum allowable working pressure and temperature for the fitting; (

h) for each type and size of category-related pressure-relieving fitting to be registered, rating sheets with NBBI authorization; (

i) proof that the applicant has a quality program in place for the fitting being made and any associated regulated work that is acceptable to the BPE chief inspector, as required by clause 11(3)(b).

(2) All drawings, specifications or information submitted in an application must be signed by either the owner of the design or the manufacturer.

(3) A design for a fitting submitted for registration must be identified in accordance with a marking system that is acceptable to the BPE chief inspector.

(4) The BPE chief inspector may require that samples of a fitting whose design is submitted for registration be sent to the BPE chief inspector at the expense of the applicant.

(5) Any samples of a fitting sent to the BPE chief inspector may be retained by the BPE chief inspector or returned to the applicant at the applicant’s expense. Registered design of fitting cancelled for faulty fittings 17

(1) The BPE chief inspector may test any fittings in a manufacturer’s or agent of the manufacturer’s stock that have a registered design.

(2) If testing of fittings made from a registered design shows the fittings to be faulty, the BPE chief inspector may cancel the registration of the design for the fitting. Expiry and renewal of registered design for fitting 18

(1) A registered design for a fitting is valid for 10 years unless cancelled by the BPE chief inspector or rendered obsolete by a change in these regulations or the BPE standards.

(2) An application to renew a registered design for a fitting may be made by following the procedure to register a new design for a fitting in

Section 16.

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(1) The BPE chief inspector may cancel a registered design for a regulated product if a manufacturer is supplying a regulated product that does not comply with all requirements for its registration and use.

(2) A registered design is deemed to be cancelled and cannot be used to manufacture or fabricate the regulated product if the design does not comply with the applicable BPE standards at the time of manufacturing or fabricating. Manufacturing, Fabricating and Installing Certification mark, stamping and nameplates 20

(1) A contractor installing a regulated product, a manufacturer or a fabricator must ensure that a regulated product meets all of the following before it is installed or operated in the Province: (

a) it is designed, manufactured a nd constructed to BPE standards; (

b) it is manufactured and constructed to the requirements of the registered design; (

c) it bears a certification mark required by the BPE standards or another stamp acceptable to the BPE chief inspector; (

d) it is stamped with its CRN and Provincial designator.

(2) Certification marks, stamping and nameplates must meet the requirements of the BPE standards. Inspection openings 21

(1) Except as provided in subsection (2), a manufacturer of a boiler or pressure vessel or a contractor installing a boiler or pressure vessel must ensure that there are inspection openings on a boiler or pressure vessel that enable the internal surfaces of the boiler or pressure vessel to be accessed and viewed for inspection.

(2) A manufacturer or contractor is exempt from subsection (1) if all of the following apply: (

a) the exemption is permitted by the BPE standards; (

b) all criteria in the BPE standards allowing and compensating for the exemption have been met.

(3) Except as provided in subsection (4) for inspection openings designed and intended for human entry, inspection openings on a boiler or pressure vessel must meet the dimensions and be located on the equipment as set out in the BPE standards.

(4) Inspection openings that are designed and intended for human entry, such as manways, must be no smaller than the following: (a) 406 mm (16 in.) in diameter; or (

b) an oval 305 mm x 406 mm (12 in. x 16 in.). Inspections of regulated product during manufacture and before installation 22

(1) A manufacturer must ensure that a regulated product manufactured in the Province or intended to be installed or operated in the Province is inspected during manufacturing as required by the BPE standards and these regulations, and that inspections are performed as required by these regulations.

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(2) The BPE chief inspector may require [that] a regulated product be inspected at any stage of the manufacturing or installation.

(3) A manufacturer must pay any applicable BPE fees for inspection services required under these regulations during manufacture or before installation. Who performs inspections during manufacture and before installation 23

(1) Inspections of a regulated product manufactured in the Province must be performed by an authorized individual employed by the Province.

(2) Before a regulated product that is manufactured in another Canadian jurisdiction and intended to be installed or operated in the Province is brought into the Province, all inspections required for the regulated product must be performed by a boiler inspector in the jurisdiction where the regulated product is being built.

(3) Before a regulated product that is manufactured in [a] jurisdiction outside Canada and intended to be installed or operated in the Province is brought into the Province, all inspections required for the regulated product must be performed by an authorized individual or another person with authorization from a recognized certification organization.

Registration of regulated product manufactured outside Canada with NBBI 24 For a regulated product that is manufactured outside Canada, the manufacturer, the fabricator or a contractor installing the regulated product must register the boiler or pressure vessel with the NBBI before it is installed or operated in the Province whenever NBBI provides for the registration of that type of boiler or pressure vessel. Manufacturer’s data report for regulated product inspected during manufacture 25

(1) Before a regulated product that is required to be inspected during manufacture under

Section 22 is installed or operated in the Province, a manufacturer or a fabricator must file a manufacturer’s data report with the BPE chief inspector for the regulated product and ensure that the report is signed by a person required to conduct the inspections in

Section 23.

(2) A manufacturer’s data report must be signed and certified by the manufacturer or fabricator, must be in the format described in the manufacturer’s or fabricator’s quality program for the regulated product in clause 11(3)(

b) and must include all of the following information: (

a) the respective responsibilities for designing and constructing the regulated product for each person involved in designing manufacturing or fabricating it; (

b) a description of the regulated product manufactured; (

c) except as provided in subsection (3), the name of the owner of the regulated product and the location where the regulated product will be installed and operated.

(3) A manufacturer or fabricator may omit the owner’s name and the location of a regulated product from a manufacture[r]’s data report if the regulated product is not yet sold, but the representative of the manufacturer or fabricator in Province must fill in the information and re-file the report with the BPE chief inspector when the regulated product is sold by the manufacturer, fabricator or the representative.

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(1) Except as provided in subsection (2), an owner of a regulated product or any person working with or on a regulated product or at a regulated plant must ensure that any regulated work done in respect of the regulated product or regulated plant is in conformance with the BPE standards and these regulations.

(2) If the BPE chief inspector determines that the BPE standards are not applicable to a pressure piping system used in connection with a boiler, pressure equipment or prescribed plant, the owner of the system or any person performing regulated work with or on the system must ensure that the work is in conformance with the requirements of the industry standard for the pressure piping system as determined by the BPE chief inspector and these regulations. Fittings 27

(1) An owner must ensure that a fitting that provides the direct connection of instrumentation that forms part of a pressure boundary and is an integral part of pressure equipment installed under these regulations is of a type that can be registered with the BPE chief inspector and conforms to the construction and test requirements of the BPE standards.

(2) An owner must ensure that all fittings attached to a new boiler or pressure vessel or installed in any pressure piping system comply with all requirements for its registration and use.

(3) An owner must ensure that all fittings on existing installations that are found on inspection to be unsafe are replaced with fittings that comply with all requirements for the installation’s registration and use. Maintenance and inspections 28

(1) An owner of a regulated product must keep the regulated product properly maintained and inspected as required in this Section.

(2) An owner of a boiler with a maximum output capacity of 150 kW (507 104 BTU/hr) or greater at 103 kPag (15 psig) of steam or lower, or operating at a pressure of 206.7 kPag (30 psig) of hot water or lower, must ensure that the boiler is either (

a) inspected by a boiler inspector as di rected by the BPE chief inspector; or (

b) given an acceptable condition report that is co mpleted and signed by an oil burner mechanic or gas technician authorized under the Fuel Safety Regulations made under the Act and provided to the BPE chief inspector.

(3) An owner of a boiler operating at a pressure of 103 kPag (15 psig) of steam or higher, or a pressure of 206.7 kPag (30 psig) of hot water or higher, must ensure that the boiler is inspected by a boiler inspector as directed by the BPE chief inspector.

(4) The BPE chief inspector may inspect a regulated product whenever the BPE chief inspector considers it necessary.

(5) An owner of a regulated product is responsible for paying the BPE fees for any inspection conducted under subsection (4).

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(1) A contractor who repairs or alters a boiler or pressure vessel of riveted construction must hold a BPE contractor licence.

(2) Twenty years after a boiler or pressure vessel of riveted construction is installed, the factor of safety required for the boiler or pressure vessel must be increased by at least 0.1 each year regardless of whether it was installed before or after the date these regulations come into force.

(3) A boiler or pressure vessel of riveted construction that has a diameter larger than 920 mm (36 in.) and that has been relocated must not be operated at a pressure higher than 100 kPag (15 psig).

(4) A boiler or pressure vessel of riveted construction must not be used if it does not meet the pressure service requirements for the boiler or pressure vessel. Hobby boilers 30

(1) In this Section, “hobby boiler” means a boiler used primarily for historical interest, education or public entertainment such as in a museum, fair, exhibition, parade or other form of public display, and includes an antique boiler, locomotive boiler or traction boiler used primarily for those purposes.

(2) Despite the requirement for a boiler to be inspected by an authorized individual in

Section 23, the owner of a hobby boiler is only required to ensure that the hobby boiler is initially inspected by a boiler inspector and in accordance with

Section 28.

(3) An owner of a hobby boiler must ensure that any steam engine or equipment connected to the boiler is in safe working order before and while the boiler is operated.

(4) Section 29 does not apply to a hobby boiler. Compliance audits 31 An owner of a regulated product or a person performing regulated work must make any information requested by a BPE inspector available for review for a compliance audit, including all of the following: (

a) the quality program for the regulated product or regulated work; (

b) records of all action taken under the quality program for the regulated product or regulated work; (

c) evidence or records of compliance with all re quirements for registration of a regulated product; (

d) the pressure welder proficiency test certified test results for any pressure welder who works on a regulated product; (

e) any pressure welder history log for any pr essure welder who worked on a regulated product. Notice of incident under

Section 13 of Act 32 The notice of an incident required under

Section 13 of the Act involving a regulated product must be given by telephone, fax or e-mail no later than 24 hours after the incident occurred and must be followed by a written report if required by the Administrator or the Administrator’s designate.

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Part II - Regulations Vol. 35, No. 3 48 © NS Registry of Regulations. Web version. BPE Permits BPE permit required 33

(1) Except as provided in subsections (2) and (4), a person must obtain a BPE permit to perform any of the following regulated work: (

a) construct a regulated product; (

b) install a regulated product; (

c) alter, repair or make a dditions to a regulated product; (

d) change the location of a boiler, boiler system or non-portable pressure vessel.

(2) A BPE permit is not required for routine maintenance or overhaul of a component of a pressure system if all of the following conditions are met: (

a) the routine maintenance or overhaul is incl uded in the BPE contractor licence holder’s quality program for the regulated product or regulated work; (

b) a quality program for the pressure system has been filed and accepted by the BPE chief inspector as required by subsection 53(1). (4)* An owner of a regulated product is exempt from the requirement to obtain a BPE permit for the installation of the regulated product if the regulated product meets all of the following criteria: (

a) it was within the scope of and authorized under the Steam Boiler and Pressure Vessel Act and the Steam Boiler and Pressure Vessel Regulations made under that Act; (

b) it was installed before the date these regulations come into force. (3)* The BPE chief inspector determines what constitutes routine maintenance or overhaul in subsection (2). [*subsection numbering as in original] Applying for BPE permit 34

(1) An application for a BPE permit must be accompanied by payment of the applicable BPE fees and include all of the following: (

a) a written description of the regulated work to be done; (

b) the drawings for the regulated work to be done; (

c) the particulars of the machinery and components to be used; (

d) the applicant’s BPE contractor licence number.

(2) Only a BPE contractor licence holder may be granted a BPE permit.

(3) Before granting a BPE Permit, the BPE chief inspector must see and approve all of the drawings for the regulated work to be done.

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(4) The BPE chief inspector may impose any terms or conditions on a BPE permit that the BPE chief inspector considers necessary. Displaying BPE permit while regulated work done 35 While regulated work is being done, a BPE permit holder must display the BPE permit for the regulated work at the site where it is being done. Expiry and renewal of BPE permit 36

(1) A BPE permit is valid until the expiry date specified on the permit unless it is suspended or revoked earlier by the BPE chief inspector.

(2) A holder of a BPE permit that has expired or will soon expire may reapply for a BPE permit under

Section 34 by submitting their BPE permit number and any information required by that

Section as determined by the BPE chief inspector. Notifying BPE chief inspector when regulated work completed 37 A BPE permit holder must notify the BPE chief inspector when the regulated work authorized by their BPE permit is completed. BPE permit non-transferable 38 A BPE permit is not transferable and may be used only by the BPE contractor licence holder who is granted the permit. Notice of change of location of boiler, boiler system or non-portable pressure vessel 39

(1) An owner or vendor of a boiler, boiler system or non-portable pressure vessel must notify the BPE chief inspector no later than 30 days after the boiler, boiler system or non-portable pressure vessel is removed from the original location if it is relocated (

a) from within the Province to another location in the Province; or (

b) from outside the Province to a location in the Province.

(2) A notice of relocation required by clause (1)(

b) must include the following: (

a) all design data and manufacturer’s data for the regulated product being relocated; (b) 1 of the following: (

i) an annual inspection record, maintenan ce, repair, alteration and upset record, (ii) an inspection certificate prepared within the 6 months immediately before the regulated product entered the Province that is signed by a boiler inspector employed by the authority having jurisdiction in the jurisdiction where the boiler, boiler system or non portable pressure vessel was originally located, and details [of] all of the following: (

A) an internal inspection, (B) [an] external inspection, (

C) a pressure test to at least the maximum allowable working pressure.

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Part II - Regulations Vol. 35, No. 3 50 © NS Registry of Regulations. Web version. Equipment Licences Equipment licence required 40 A person must hold an equipment licence to use or operate a boiler, pressure vessel or refrigeration plant, or to cause or permit a boiler, pressure vessel or refrigeration plant to be used or operated. Applying for equipment licence 41 An application for an equipment licence must be accompanied by payment of the applicable BPE fee and include all of the following: (

a) a written description of the boiler, pressure vessel or refrigeration plant to be operated; (

b) the location of the boiler, pressure v essel or refrigeration plant to be operated; (

c) the BPE permit number for fabricating or inst alling the boiler, pressure vessel or refrigeration plant. Displaying equipment licence at location 42 An equipment licence holder must display the equipment licence with the boiler, pressure vessel or refrigeration plant that the licence authorizes to be operated or at another location approved by the BPE chief inspector. Expiry and renewal of equipment licence 43

(1) An equipment licence is valid until the expiry date specified on the licence unless it is suspended or revoked earlier by the BPE chief inspector.

(2) A holder of an equipment licence that has expired or will soon expire may reapply for an equipment licence under

Section 41 by submitting their equipment licence number and any information required by that

Section as determined by the BPE chief inspector. Equipment licence non-transferable 44 An equipment licence is not transferable and may be used only by the person who is granted the licence. BPE Contractor Licence BPE contractor licence required 45 A person must not perform or employ a person to perform any of the following regulated work without a BPE contractor licence: (

a) work as a manufacturer, fabricator, installer or contractor on a regulated product; (

b) work to repair or alter a regulated product; (

c) pressure welding on a regulated product; (

d) conducting pressure welder proficiency tests; (

e) work as part of an organization involved in fa bricating, installing, repairing or altering a regulated product. Producing BPE contractor licence on request 46

(1) A holder of a BPE contractor licence must produce their licence for review when requested by a BPE inspector.

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(2) Failing to produce a BPE contractor licence when requested by a BPE inspector is prima facie evidence that the person does not hold a BPE contractor licence. Applying for BPE contractor licence 47

(1) An application for a BPE contractor licence must be accompanied by payment of the BPE fees and include a quality program in

Section 53 acceptable to the BPE chief inspector for any regulated product or any regulated work to be carried out.

(2) The BPE chief inspector may impose any terms or conditions on a BPE contractor licence that the BPE chief inspector considers necessary. Keeping BPE chief inspector informed of scope of regulated work 48 A BPE contractor licence holder must keep the BPE chief inspector informed of the scope of the regulated work being carried out under their licence. Pressure welding procedure 49

(1) A pressure welding employer must ensure that a pressure welding procedure that meets the requirements in this

Section is in place.

(2) A pressure welding procedure must be prepared, tested and certified in accordance with the BPE standards and registered with the BPE chief inspector.

(3) A pressure welding procedure that is prepared within the Province must be approved by the BPE chief inspector.

(4) A pressure welding procedure that is prepared outside the Province must be approved by the authority having jurisdiction for that jurisdiction and a record of the approval must be submitted to the BPE chief inspector. Pressure welding proficiency tests conducted 50

(1) A pressure welding employer must conduct a pressure welding proficiency test of each individual who is to be employed by them to perform pressure welding, using an approved pressure welding procedure and in the presence of a BPE inspector.

(2) A pressure welding employer must keep records of the data from completed pressure welder proficiency tests and have it available to be inspected if requested by a BPE inspector. Pressure welding employer to ensure requirements for pressure welding met 51

(1) Only a BPE contractor licence holder can be a pressure welding employer.

(2) A pressure welding employer must ensure that an employee does not perform pressure welding for them unless all of the following are met: (

a) the employee holds a pressure welder li cence that authorizes the regulated work; (

b) the employer is the employer named on the welder’s pressure welder licence.

(3) A pressure welding employer must not permit pressure welding to be done on any regulated product unless the requirements for pressure welding in Sections 56 to 69 are met.

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Part II - Regulations Vol. 35, No. 3 52 © NS Registry of Regulations. Web version. Quality of pressure welding work and welds 52

(1) The BPE inspector may require a non-destructive examination of any pressure weld or pressure welder’s work that the BPE inspector considers to be of questionable quality.

(2) A BPE contractor licence holder must ensure that a defective weld identified by a non-destructive examination is repaired and its quality verified by further non-destructive examination until a BPE inspector is satisfied with the quality of the weld. BPE contractor licence holder quality program 53

(1) A BPE contractor licence holder must file with the BPE chief inspector a quality program for any regulated products or regulated work to be carried out and have it accepted by the BPE chief inspector.

(2) A BPE contractor licence holder must implement a quality program accepted under subsection (1) to the satisfaction of the BPE chief inspector.

(3) A BPE contractor licence holder quality program must include a written manual in which all action taken under the program is recorded.

(4) A pressure welding employer must include a method for tracking a pressure welder’s history in their quality program under subsection (1).

(5) To meet the requirement in subsection (4), a pressure welding employer may create and maintain a pressure welder history log for each pressure welder in their employ to ensure the pressure welder’s continuity and that a pressure welder undergoes a pressure welder proficiency test as required by

Section 50. Expiry and renewal of BPE contractor licence 54

(1) A BPE contractor licence is valid until the expiry date provided on the licence unless it is suspended or revoked earlier by the BPE chief inspector.

(2) A holder of a BPE contractor licence that has expired or will soon expire may reapply for a BPE contractor licence under

Section 47 by submitting their BPE contractor licence number and any information required by that

Section as determined by the BPE chief inspector. BPE contractor licence non-transferable 55 A BPE contractor licence is not transferable and may be used only by the person who is granted the licence. Pressure Welding Pressure welder licence required 56

(1) A person must hold a pressure welder licence in the appropriate class to weld on any regulated product except if (

a) they are deemed to hold a licence under

Section 52 of the Act; or (

b) they are exempted under subsection (2).

(2) An individual who works exclusively as a welding operator on fully automatic equipment is exempt from the requirement to have a pressure welder licence in subsection (1).

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Part II - Regulations Vol. 35, No. 3 © NS Registry of Regulations. Web version. 53 Classes of pressure welder licences 57 The 2 classes of pressure welder licences are as follows: (

a) pressure welder (pressure plate) licence; (

b) pressure welder (pressure piping) licence. Information on welder licence 58 A pressure welder licence must specify all of the following: (

a) the class of the licence; (

b) the scope of the work authorized by th e licence, including the welding methods, processes, positions and thickness ranges; (

c) the name of the pressure welding employer the licensee is authorized to perform pressure welding for; (

d) any terms or conditions for the licence. Producing pressure welder licence on request 59

(1) A person conducting the work of a pressure welder must produce their pressure welder licence for review when requested by a BPE Inspector.

(2) Failing to produce a pressure welder licence that names the pressure welding employer and is of the correct class and scope of work for the work being conducting is prima facie evidence that the person does not hold the correct pressure welder licence for the work. Pressure welder proficiency test 60

(1) Except as provided in subsection 65(3), an applicant for a pressure welder licence must successfully complete a pressure welder proficiency test for the class and in all welding methods, processes, positions and thickness ranges to be included in the scope of practice of the licence they are applying for.

(2) A pressure welding employer must ensure that all of the following are done when conducting a pressure welder proficiency test for an applicant for a pressure welder licence: (

a) the results are recorded on the application in a format set by the BPE chief inspector; (

b) the test is conducted before establishing a pressure welder history log for the applicant; (

c) the test is witnessed and the results approved by a BPE inspector; (

d) the test is completed in accordance with th e pressure welding procedure registered to the pressure welding employer under subsection 49(2); (

e) the test is completed in accordance with the BPE standards and the welding methods, processes, positions and thickness ranges are within those required for the regulated work that the pressure welding employer is authorized to perform.

(3) A BPE inspector may require a pressure welder to retake a pressure welder proficiency test if the BPE inspector questions the quality of the pressure welder’s work.

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Part II - Regulations Vol. 35, No. 3 54 © NS Registry of Regulations. Web version. Applying for pressure welder proficiency test (pressure plate) 61 An applicant for a pressure welder proficiency test leading to a pressure welder (pressure plate) licence must pay the applicable BPE fees and provide proof satisfactory to the BPE chief inspector that they meet the qualifications in

Section 62. Qualifications for pressure welder proficiency test (pressure plate) 62 An applicant for a pressure welder proficiency test leading to a pressure welder (pressure plate) licence must be employed by a pressure welding employer who holds a BPE contractor licence and must meet 1 of the following practical and educational qualifications: (

a) hold a journeyperson status in welding or an Interprovincial Standards (Red Seal) Program certificate of qualification in welding issued by the Canadian Council of Directors of Apprenticeship; (

b) have successfully completes [completed] a welding diploma program recognized by the BPE chief inspector; (

c) have completed at least 1 year of practical experience in welding; (

d) have been issued a welding qualification by a recognized certification organization for welding testing or an authority having jurisdiction for all of the welding methods, processes, positions and thickness ranges they are applying to be tested on. Applying for pressure welder proficiency test (pressure pipe) 63 An applicant for a pressure welder proficiency test leading to a pressure welder (pressure pipe) licence must pay the applicable BPE fees and provide proof satisfactory to the BPE chief inspector that they meet the qualifications in

Section 64. Qualifications for pressure welder proficiency test (pressure pipe) 64 An applicant for a pressure welder proficiency test leading to a pressure welder (pressure pipe) licence must be employed by a pressure welding employer who holds a BPE contractor licence and must meet the following qualifications: (

a) have successfully completed a preliminary welder proficiency test conducted by a BPE inspector; (b) 1 of the following practical and educational qualifications: (

i) hold a journeyperson status in welding or an Interprovincial Standards (Red Seal) Program certificate of qualification in welding issued by the Canadian Council of Directors of Apprenticeship, (ii) have successfully completed a pressure pipe welding course recognized by a recognized certification organization, (iii) have completed at least 2 years of practical experience in welding that includes open root welding, (iv) have been issued a pressure pipe weld ing qualification by a recognized certification organization for welding testing or an authority having jurisdiction, for all the welding methods, processes, positions and thickness ranges they are applying to be tested on.

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Part II - Regulations Vol. 35, No. 3 © NS Registry of Regulations. Web version. 55 Applying for pressure welder licence 65

(1) A BPE contractor may apply to the BPE chief inspector on behalf of an employee for a pressure welder licence for the employee.

(2) An application for a pressure welder licence for an individual must include the applicable BPE fees and all of the following: (

a) except as provided in subsection (3), proof that the individual has successfully completed a pressure welder proficiency test under these regulations for the class and in all welding methods, processes, positions and thickness ranges to be included in the scope of the pressure welder licence applied for; (

b) the name of the individual’s pressure welding employer and the employer’s BPE contractor licence number.

(3) An individual who is a qualified welder, brazer or welding operator under the Steam Boiler and Pressure Vessel Act and the Steam Boiler and Pressure Vessel Regulations on the date these regulations come into force is exempt from the requirement to take a pressure welder proficiency test under

Section 60 to apply for a pressure welder licence if their application includes all of the following in addition to subsection (2): (

a) the individual’s existing qualification; (

b) evidence satisfactory to the BPE chief inspector that the individual has experience equal to that required for a pressure welder proficiency test in the class and in all welding methods and processes and for each position and thickness range to be included in the scope of the pressure welder licence applied for. Card with information about pressure welder licence 66 The BPE chief inspector must provide a pressure welding employer named on a pressure welder’s licence with a card that has information about the pressure welder licence so that the employer can make a copy of the card before giving the card to the pressure welder. Welding restricted to named pressure welding employer 67

(1) A pressure welder must not perform pressure welding for an employer other than the pressure welding employer named on their pressure welder licence.

(2) If a pressure welder wants to change the employer named on their pressure welder licence, the BPE contractor licence holder who is the new employer must apply to the BPE chief inspector on behalf of the pressure welder for the change.

(3) A BPE contractor licence holder applying under subsection (2) must state the welding methods and processes, positions and thickness ranges required for the regulated work that their business is authorized to perform. Expiry and renewal of pressure welder licence 68

(1) A pressure welder licence is valid until the expiry date specified on the licence unless it is suspended or revoked earlier by the BPE chief inspector.

(2) A BPE contractor licence holder may apply under

Section 65 to renew an employee’s pressure welder licence.

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Part II - Regulations Vol. 35, No. 3 56 © NS Registry of Regulations. Web version. Pressure welder licence non-transferable 69 A pressure welder licence is not transferable and may be used only by the person who is granted the licence. BPE Certificate of Competency (Inspections) BPE certificate of competency (inspections) required 70 An individual must hold a BPE certificate of competency (inspections) to be a boiler inspector and perform the regulated work of inspections for certification of boilers, pressure vessels or pressure piping systems.

Applying for BPE certificate of competency (inspections) 71 An applicant for a BPE certificate of competency (inspections) must submit payment of any applicable BPE fees together with proof satisfactory to the BPE chief inspector of all of the following to the BPE chief inspector: (

a) that the applicant meets the qualifications in

Section 72; (

b) that the applicant has sufficient educa tion and experience with pressure equipment. Qualifications for BPE certificate of competency (inspections) 72 An applicant for a BPE certificate of competency must meet all of the following qualifications: (

a) they must be employed by 1 of the following: (

i) the Province or a recognized authority having jurisdiction in a jurisdiction outside the Province, (ii) an insurance company that provi des insurance coverage for boilers, (iii) an owner or user of a regulated product who has implemented a quality program that is registered with the Province; (

b) they must meet 1 of the following experience requirements: (

i) they hold a [an] NBBI commission or a [an] API 510 certification through the American Petroleum Institute (API) that was issued in the 5 years immediately before their application, (ii) they have passed either the NBBI commi ssion exam or the API 510 certification process in the 5 years immediately before their application, (iii) they have been recognized as a boiler standards safety officer by an authority having jurisdiction in a jurisdiction outside the Province in the 5 years immediately before their application. Producing BPE certificate of competency (inspections) when requested 73

(1) A BPE certificate of competency (inspections) holder must produce their certificate of competency for review when requested by a BPE inspector.

(2) Failing to produce a BPE certificate of competency (inspections) when requested is prima facie evidence that the person does not hold a BPE certificate of competency (inspections).

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(1) A BPE certificate of competency (inspections) is valid unless suspended or revoked by the BPE chief inspector.

(2) The BPE chief inspector may refuse to grant a BPE certificate of competency (inspections) if it would be contrary to the Act, these regulations, the BPE standards, or a term or condition of the certificate of competency.

(3) The BPE chief inspector may suspend or revoke a BPE certificate of competency (inspections) if the holder acts contrary to the Act, these regulations, the BPE standards, or a term or condition of the certificate of competency BPE certificate of competency non-transferable 75 A BPE certificate of competency (inspections) is not transferable and may be used only by the individual who is granted the certificate of competency. Individual assisting with inspections 76

(1) To be assisted in their inspections by an individual, a BPE certificate of competency (inspections) holder must file with the BPE chief inspector a quality program for individuals assisting in the performing of the regulated work of conducting inspections and have it accepted by the BPE chief inspector.

(2) A BPE certificate of competency (inspections) holder must implement a quality program accepted under subsection (1) to the satisfaction of the BPE chief inspector.

(3) A BPE certificate of competency (inspections) holder being assisted in their inspections by an individual must ensure that subsections (1) and (2) are complied with and that all of the following conditions are met: (

a) the BPE certificate of competency (inspections ) holder is directly involved in the inspection; (

b) a BPE certificate of competency (inspections) holder is present at the site of the inspection; (

c) the individual assisting in inspections is trained in conducting inspections. Other Jurisdictions Recognition of authorization from other jurisdiction 77

(1) An individual who holds an authorization to perform regulated work from an authority having jurisdiction in a jurisdiction outside the Province or from a recognized certification organization may apply to the BPE chief inspector for an equivalent authorization under the Act and these regulations.

(2) An individual described in subsection (1) may be granted an equivalent authorization under the Act and these regulations if the individual pays the applicable BPE fee and submits all of the following to the BPE chief inspector: (

a) a valid authorization from the other jurisdiction; (

b) proof satisfactory to the BPE chief insp ector that the individual meets the following requirements:

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i) they have experience and qua lifications equivalent to the requirements under the Act and these regulations for the authorization the individual is applying for, (ii) if the licence applied for is a pressure we lder licence, they have successfully completed the pressure welder proficiency test in the class and in the welding methods and procedures and for each position and thickness range to be included in the scope of work of the pressure welder licence. Offences Fraudulent use of authorization 78 A person must not make fraudulent use of a certificate of competency, licence or permit under these regulations.

Incompetence or gross negligence 79 A person who holds a certificate of competency, licence or permit under these regulations must not act incompetently or with gross negligence when acting under the authority of their certificate of competency, licence or permit. N.S. Reg. 11/2011 Made: January 18, 2011 Filed: January 20, 2011 Fuel Safety Regulations Order in Council 2011-28 dated January 18, 2011 Regulations made by the Governor in Council pursuant to

Section 49 of the Technical Safety Act The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education [Workforce Development] dated December 15, 2010, and pursuant to

Section 49 of

Chapter 10 of the Acts of 2008, the Technical Safety Act, is pleased, effective on and after April 1, 2011 to: (

a) repeal the Fuel Safety Regulations, N.S. Reg. 186/2006, made by Governor in Council by Order in Council 2006-421 dated September 29, 2006; and (

b) make new regulations respecting fuel safety in th e form set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” Regulations Respecting Fuel Safety made by the Governor in Council under

Section 49 of

Chapter 10 of the Acts of 2008, the Technical Safety Act

Interpretation and Application Citation 1 These regulations may be cited as the Fuel Safety Regulations.

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Definitions 2( 1 ) In these regulations, “Act” means the Technical Safety Act; “appliance” means a device that uses gas or oil for fuel to provide service to the user of the device; “apprentice” means an apprentice registered under the Apprenticeship and Trades Qualifications Act and enrolled in a program under that Act to qualify for a certificate of qualification as a gas fitter or an oil heat system technician; “apprenticeship identification card” means an identity card issued under the Apprenticeship and Trades Qualifications Act to an apprentice under that Act; “business installation inspection program” means an audit inspection program for gas installations and alterations that is created and implemented by a class 2A contractor gas business licence holder to provide reasonable verification that the regulated work meets the requirements of the FS standards, and that is approved by the FS chief inspector; “BTU/hr” means British thermal units per hour; “certified”, in relation to an appliance, container, supply tank or equipment, means that the appliance, container, supply tank or equipment has received either (

i) certification under

Section 25 of the Act, shown by the certification mark issued by the recognized certification organization and displayed on the appliance, container, supply tank or equipment, or (ii) field certification. “certified conversion kit” means an assembly of parts with detailed conversion instructions, certified by a recognized certification organization and is used for the conversion of an appliance from one form of fuel to another; “complete and legible rating plate” means a plate, label or mark bearing an appliance rating as defined in the FS standard applicable to that appliance, and includes a recognized certification organization label or mark; “container” means a cylinder or a tank used to store or supply propane or natural gas; “direct supervision”, in relation to a trainee, means that the trainee is supervised by a licenced [licensed] individual who (

i) is physically at the property, (ii) has control over the trainee’s activities, (iii) instructs and directs the trainee, and (iv) is in direct communication with the trainee when the trainee is performing the duties of a licence holder;

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Web version. “dispensing unit” means a facility for filling propane containers that uses storage tanks with an aggregate capacity of 5000 USWG or less, and includes a facility commonly known to the propane industry as a service station; “equipment” means the accessories necessary to provide gas or oil for an appliance or to process the gas or oil for use in an appliance, and includes any item that contains or processes the gas or oil to make it suitable or available for use in an appliance; “equipment failure” means any unplanned interruption or variance from the specifications for equipment that results in the equipment no longer being available for use or requiring repair or replacement; “field certification” means certification of a regulated product for use at a specific site in accordance with subsection 12(3); “FS certificate of competency” means a certificate of competency granted to an individual under

Section 26 of the Act by the FS chief inspector in recognition of the individual’s qualifications to perform the regulated work specified in the certificate of competency; “FS chief inspector” means the inspector designated as the chief inspector for the purposes of the Act and these regulations; “FS fees” means the fees for fuel safety services set by the Minister in the Technical Safety Fees Regulations made under the Act; “FS inspector” means an inspector designated for the purposes of the Act and these regulations; “FS standards” means the standards for fuel safety established or adopted by the Minister in the Technical Safety Standards Regulations made under the Act; “gas” means gas as defined in the FS standards and includes digester gas and landfill gas; “gas business licence” means a licence granted to a person under

Section 23 of the Act that authorizes the person to perform the regulated work in

Section 39 as specified in the licence; “gas operator” means an individual who holds a gas operator licence; “gas operator licence” means a licence granted to an individual under

Section 23 of the Act that authorizes the individual to perform the regulated work of a gas operator in

Section 66 and 70 as specified in the licence; “gas permit” means a permit granted to a person under

Section 24 of the Act by the FS chief inspector that authorizes the person to perform the regulated work of installing or altering a regulated product under

Section 18 as specified in the permit; “gas registration” means a registration accepted by an FS inspector under

Section 22 of the Act to perform the regulated work of installing or altering a regulated product under

Section 24 as specified in the registration; “gas technician” means an individual who holds a gas technician licence;

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Part II - Regulations Vol. 35, No. 3 © NS Registry of Regulations. Web version. 61 “gas technician licence” means a licence granted to an individual under

Section 23 of the Act that authorizes the individual to perform the regulated work of a gas technician in Sections 63 to 65 as specified in the licence, and includes any liquid propane endorsement endorsed on the licence; “gas supplier” means a person who delivers propane or natural gas to an installation and is the owner of the propane storage containers or natural gas distribution system for the installation; “gas technician 1” means an individual who holds a class 1 gas technician licence; “gas technician 2” means an individual who holds a class 2 gas technician licence; “gas technician 3” means an individual who holds a class 3 gas technician licence; “liquid propane endorsement” means an authorization granted to an individual under

Section 22 of the Act by the FS chief inspector, and endorsed on a class 1 gas technician licence or class 2 gas technician licence, that authorizes the individual to perform regulated work with liquid propane as specified by the endorsement; “oil” means a hydrocarbon fuel oil as defined in the FS standards; “oil burner technician” means an individual who holds an oil burner technician licence; “oil burner technician licence” means a licence granted to an individual under

Section 23 of the Act that authorizes the individual to perform the regulated work of an oil burner technician in

Section 88 as specified in the licence; “piping system” means an arrangement of regulators, piping or tubing, valves and any other items required by the FS standards to transfer gas or oil from the supply to the end-use appliance or equipment; “propane” means a material that is composed predominantly of propane and may contain small amounts of any of the following: (

i) propylene, (ii) normal butane, (iii) isobutane hydrocarbons, (iv) butylene hydrocarbons (

v) a mixture of isobutane hydrocarbons and butylene hydrocarbons; “propane plant” means a place with a storage capacity of greater than 5000 USWG where propane is stored in large containers and from which smaller containers and delivery vehicles are filled for distribution to dealers and consumers; “sell” includes to offer for sale, lease, rent, display and advertise; “supervision” means supervision by an individual who is able to be immediately contacted by the individual requiring supervision;

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Part II - Regulations Vol. 35, No. 3 62 © NS Registry of Regulations. Web version. “trainee” means an individual, including an apprentice, who is in a training program and actively pursuing a [an] FS certificate of competency or a certificate of qualification required to perform regulated work; “USWG” means United States water gallons; “valve train” means a combination of valves, controls, piping or tubing for an oil-burning appliance that are located upstream from the supply system and that control the supply of fuel oil to the appliance.

(2) A term defined in

Section 3 [2] of the Technical Safety General Regulations made under the Act has the same meaning when used in these regulations. Regulated products prescribed for gas and oil 3( 1 ) Except as provided in

Section 4, all of the following are prescribed as regulated products for gas under the Act and these regulations: (

a) an appliance, container, dispensing unit, equipment or piping system for gas; (

b) a propane plant; (

c) a propane storage facility; (

d) a propane distribution facility; (

e) a natural gas vehicle refueling facility; (

f) natural gas cylinder filling station.

(2) Appliances, supply tanks, equipment and piping systems for oil are all prescribed as regulated products for oil under the Act and these regulations. Products exempted from Act and regulations 4 All of the following products are exempt under subsection 6(2) of the Act from the Act and these regulations: (

a) a gas delivery system, as defined in the Gas Distribution Act, that is constructed or operated under a franchise granted under that Act; (

b) a pipeline, as defined in the Pipeline Act; (

c) a gas plant facility, as defined in the Gas Plant Facility Regulations made under the Pipeline Act and the Energy Resources Conservation Act; (

d) a marine or pipeline terminal; (

e) a petroleum refinery; (

f) gas used as a feedstock in a chemical plant. Regulated work prescribed for gas and oil 5( 1 ) All of the following are prescribed as regulated work for gas under the Act and these regulations:

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a) work or duties of a gas technician, as set out in Sections 63 to 65; (

b) work or duties of a gas operator, as set out in Sections 66 to 70; (

c) operating a gas storage or gas distribution business; (

d) installing, repairing, servicing or maintaining gas appliances, containers, equipment or piping systems; (

e) operating a natural gas vehicle re fueling or cylinder filling station; (

f) activities described under a class of gas business licence in

Section 39.

(2) The work and duties of an oil burner technician are prescribed as regulated work for oil under the Act and these regulations. Work exempted from Act and regulations 6 All of the following work is exempt under subsection 6(2) of the Act from the Act and these regulations: (

a) the storage or handling of liquified natural gas; (

b) the storage or handling of underground reservoirs for natural gas. Recognized certification organization prescribed 7 A certified organization recognized or accredited by the Standards Council of Canada is prescribed as a recognized certification organization under the Act and these regulations for the purposes that the certification organization is recognized or accredited by the Standards Council of Canada. Duties and Responsibilities Compliance audits 8 A person must make any information requested by an FS inspector available for review for a compliance audit, including all of the following: (

a) any information related to the use of a regulated product; (

b) evidence or records of an approved business installation inspection program or any other information related to implementing or operating a business installation inspection program; (

c) evidence or records related to a [an] FS certificate of competency, gas technician licence, liquid propane endorsement, gas operator licence, gas business licence, gas permit, gas registration or oil burner technician licence; (

d) records related to an oil installation compliance inspection required by

Section 87. Special inspections 9( 1 ) An FS inspector may conduct a special inspection upon request or if the inspector decides it is warranted after monitoring or a compliance audit by the FS inspector.

(2) An FS inspector may charge the applicable FS fees for a special inspection under subsection (1).

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Part II - Regulations Vol. 35, No. 3 64 © NS Registry of Regulations. Web version. Converting appliance to alternate form of fuel 10

(1) Except as provided in this Section, a person must not convert a new appliance from one type of fuel to another without a certified conversion kit.

(2) The certification of any existing appliance that is converted other than as permitted in this

Section is void, and installing, selling or using the appliance is prohibited.

(3) A certified commercial appliance, with a complete and legible rating plate, may be converted to use an alternate gas by a method approved by the FS chief inspector.

(4) A person may convert an existing certified in-service boiler using the procedures approved by the FS chief inspector for a conversion if 1 of the following applies: (

a) the manufacturer does not make a certified gas conversion burner; (

b) the manufacturer is no longer in business and the installer wants to install a burner that is not tested and certified for use in the particular boiler. Notice of incident under

Section 13 of Act 11 The notice of an incident required under

Section 13 of the Act involving a regulated product, including any of the following types of incidents, must be given by telephone, fax or e-mail no later than 24 hours after the incident occurred and must be followed by a written report if required by the Administrator or the Administrator’s designate: (

a) a gas explosion; (

b) a leak; (

c) a fire; (

d) an accident; (

e) equipment failure on a propane-transporting vehicle; (

f) oil equipment failure. Gas Appliances, Containers, Equipment and Installation Certified gas appliance, container or equipment 12

(1) A person must not sell, install, use, repair, service or maintain a gas appliance, container or equipment, unless it is certified.

(2) Except as provided in subsection (3), a gas appliance, container or equipment that does not bear a certification mark from a recognized certification organization is deemed to be not certified unless the contrary is proven.

(3) If there is no recognized standard for a gas appliance, container or equipment, it may be field- certified for the site where it is located by a recognized certification organization approved by the FS chief inspector if it conforms with the FS standards or an equivalent standard.

(4) A field certification is valid only while the appliance, container or equipment remains on the site for which it is field-certified.

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(5) An appliance, a container or equipment for gas is not, or ceases to be, certified in any of the following circumstances: (

a) it is used for a purpose other than the purpose it was certified for; (

b) it is altered by the addition of a device or attachment; (

c) it is deteriorated to an extent th at is likely to impair its safe operation; (

d) it is likely that it cannot be operated safely because of any of the following: (

i) the condition of the piping, tubing or hoses, (ii) products of combustion may be vented, (iii) there is an insufficient supply of air for combustion, (iv) there is not enough clearance from adjacent combustible matter; (

e) it does not meet the requirements of these regulations. FS standards and regulations for gas 13

(1) An owner of a regulated product for gas must ensure that the regulated product is in conformance with the FS standards and these regulations.

(2) Any person performing the regulated work of installing or altering a regulated product for gas or performing other regulated work for gas must not perform the regulated work contrary to FS standard[s] and these regulations.

(3) A person must not order or permit another person to perform the regulated work of installing or altering a regulated product for gas or to perform other regulated work for gas contrary to the FS standards and these regulations. Propane cylinder or pressure vessel requiring inspection and re-qualification 14

(1) A person must not use, install or deliver gas to a propane cylinder or a pressure vessel with a water capacity of 1000 lbs. or less if the cylinder or pressure vessel is due for inspection and re-qualification as required by the FS standards.

(2) A propane cylinder or pressure vessel that is due for inspection and re-qualification must be inspected and re-qualified by an inspector who is certified for that purpose by the federal Department of Transport[, Infrastructure and Communities] before it is used, installed or has gas delivered to it. Damaged propane container 15

(1) A person must not use, install or deliver gas to a propane container that shows signs of corrosion or has dents, bulges or other damage.

(2) A propane container that is damaged must be repaired and re-qualified to comply with the FS standards before it is used, installed or has gas delivered to it. Prohibition against propane container on roof 16 A person must not permanently install a propane container on the roof of a building or structure or allow a propane container to remain permanently installed on the roof of a building or structure.

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Part II - Regulations Vol. 35, No. 3 66 © NS Registry of Regulations. Web version. Gas Permit and Registration No gas installation or alteration without gas permit or gas registration 17 A person must not order or permit another person to begin a gas installation or alteration referred to in

Section 18 or 24 unless a gas permit or gas registration as required by those Sections has been granted for the gas installation or alteration. Gas permit required 18 Except as provided in

Section 24, a person must obtain a gas permit to perform the regulated work of installing or altering any of the following regulated products: (

a) a propane storage container or gas piping syst em that supplies gas to an end-use appliance or equipment or an account takeover; (

b) storage or transfer equipment in a propane plant or dispensing unit; (

c) gas-processing or gas-utilizing equipment at a digester gas or landfill gas facility; (

d) a propane cylinder storage location other than an exchange cylinder location for cylinders of 9 kg (20 lbs.) or less; (

e) a natural gas vehicle refueling station; (

f) a gas appliance, container or equipment; (

g) foundation and supports for a ver tical propane tank or for a horizontal tank with a capacity of greater than 1700 USWG. Applying for gas permit 19

(1) A holder of a gas business licence may apply for a gas permit by submitting a completed application form, together with all of the following: (

a) payment of the applicable FS fees; (

b) the applicant’s gas business licence number; (

c) written description of the regulated work to be done; (

d) except as provided in subsection (3), plans a nd specifications in a form acceptable to the FS chief inspector.

(2) Only a gas business licence holder may be granted a gas permit.

(3) Plans and specifications referred to in clause (1)(

d) are not required for a gas permit for gas installation or alteration that meets all of the following criteria: (

a) it has a total load of 3 mil