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Volume 52, No. 7

B.C. Reg. 134/2009

The British Columbia Gazette,

Part II

April 7, 2009

B.C. Reg. 134/2009 , deposited March 30, 2009, pursuant to the SAFETY STANDARDS ACT [Section 88]. Ministerial Order M93/2009, dated March 19, 2009.

I, Rich Coleman, Minister of Housing and Social Development, order that, effective April 1, 2009, the regulations under the Safety Standards Act referred to in the attached

schedule are amended as set out in the schedule.

— R. COLEMAN, Minister of Housing and Social Development.

Schedule

1 The Safety Standards General Regulation, B.C. Reg. 105/2004, is amended by adding the following section:

Applicants with credentials from elsewhere in Canada

2.1

(1) In this section,

"credential" means an official recognition, issued in another jurisdiction in Canada, authorizing the holder of the credential to perform in the other jurisdiction work that is equivalent to regulated work that under the Act May be performed only by a holder of a certificate of qualification;

"safety regulation" means the Electrical Safety Regulation, Elevating Devices Safety Regulation, Gas Safety Regulation, and Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation.

(2) Despite any provision of a safety regulation, a person who holds a credential May apply for a corresponding certificate of qualification if a provincial safety manager is satisfied that the credential is in good standing in the jurisdiction where it was issued.

2 The Electrical Safety Regulation, B.C. Reg. 100/2004, is amended by adding the following

section before

Part 1:

Relation to the Safety Standards General Regulation

3.2 This regulation is subject to the Safety Standards General Regulation.

3 The Elevating Devices Safety Regulation, B.C. Reg. 101/2004, is amended by adding the following

section before

Part 1:

Relation to the Safety Standards General Regulation

2.1 This regulation is subject to the Safety Standards General Regulation.

4 The Gas Safety Regulation, B.C. Reg. 103/2004, is amended by adding the following

section before

Part 1:

Relation to the Safety Standards General Regulation

3.1 This regulation is subject to the Safety Standards General Regulation.

Section 6 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) An applicant for a class A gas fitter's certificate of qualification must have

(

a) successfully completed training in a gas fitting program recognized by a provincial safety manager, and

(

b) held a class B gas fitter's certificate of qualification for at least 2 years.

Section 7 is amended

(

a) in subsection (2) (

b) by striking out " 220 kW " and substituting " 120 kW ",

(

b) in subsection (2) (

c) by adding " up to and including 120 kW " after " vents ", and

(

c) by adding the following subsections:

(3) Despite subsection (2) (

b) and (c), a person who holds a valid class B gas fitter certificate of qualification issued before April 1, 2009, is entitled to perform, in addition to the work referred to in subsection (2) (a), the installation or alteration, under an appropriate permit, of

(

a) appliances and vents up to and including 220 kW, and

(

b) all piping and atmospheric vents.

(4) Despite subsection (2) (

b) and (c), a person who holds a valid class B gas fitter certificate of qualification issued or renewed on or after April 1, 2009, is entitled to perform, in addition to the work referred to in subsection (2) (a), the work referred to in subsection (3) if

(

a) the person has the combination of experience and training acceptable to a provincial safety manager to perform that work, and

(

b) either the person

(

i) was enrolled in training as a class B gas fitter before April 1, 2009, or

(ii) held on March 31, 2009, a class B gas fitter certificate of qualification that entitled the person to perform the work referred to in subsection (3).

Section 8 is amended by renumbering the

section as

section 8 (1), repealing

section 8 (1) (d), and adding the following subsection:

(2) The holder of a class A gas fitter's certificate of qualification may, in the circumstances described in subsection (1), perform electrical work that is restricted to the installation, repair and maintenance of electrical wiring for solid, liquid and gaseous-fuel-fired heating equipment for 3 phase motors or controllers integral to the heating equipment.

Section 20 is repealed.

Section 1 of the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation, B.C. Reg. 104/2004, is amended

(

a) in paragraph (

b) of the definition of " boiler " by adding " or heated " after " pressurized ",

(

b) by repealing the definition of " boiler system " and substituting the following:

"boiler system" means a power plant, heating plant, low temperature low pressure fluid plant, low pressure thermal fluid plant, high pressure thermal fluid plant, oil well plant or pressure plant; , and

(

c) by repealing the definition of " pressure piping " and substituting the following:

"pressure piping" means a system of pipes, tubes, conduits, gaskets, bolts and other components, the sole purpose of which is the conveyance of

(

a) an expansible fluid, or

(

b) a non-expansible fluid or thermal fluid with an operating temperature exceeding 121° C or a working pressure exceeding 1 100 kPa

between 2 or more points; .

Section 2 (1) is amended

(

a) by repealing the definition of " antique show boiler " and substituting the following:

"antique show boiler" means a boiler forming part of a traction engine, threshing machine, steam locomotive, steam crane, donkey boiler plant or other plant of historical interest; ,

(

b) in the definition of " assistant engineer " by adding " , and includes a maintenance engineer " after " shift engineer ",

(

c) in the definition of " assistant shift engineer " by striking out " supervision or operation " and substituting " supervision, operation or control ",

(

d) in the definition of " cushion tank " by striking out " fluid plant " and substituting " heating plant ",

(

e) by repealing paragraph (

c) in the definition of " expansible fluid " and substituting the following:

(

c) liquid under pressure and at a temperature at which the liquid changes to a gas or vapour when the pressure is reduced to atmospheric pressure or when the temperature increases to ambient temperature; ,

(

f) by adding the following

definitions:

"fifth class plant" means

(

a) a power plant that exceeds 10 m 2 of boiler capacity but does not exceed 50 m 2 of boiler capacity,

(

b) a steam heating plant that exceeds 30 m 2 of boiler capacity but does not exceed 300 m 2 of boiler capacity,

(

c) a fluid heating plant that exceeds 150 m 2 of boiler capacity but does not exceed 300 m 2 of boiler capacity,

(

d) a low pressure thermal fluid plant that exceeds 150 m 2 of boiler capacity but does not exceed 500 m 2 of boiler capacity,

(

e) a low temperature low pressure fluid plant that exceeds 300 m 2 of boiler capacity but does not exceed 1 000 m 2 of boiler capacity, or

(

f) an unfired plant that exceeds 150 m 2 of boiler capacity but does not exceed 500 m 2 of boiler capacity;

"first class plant" means a power plant that exceeds 1 000 m 2 of boiler capacity;

"fluid heating plant" means a heating plant that heats fluid without vapourizing the fluid; ,

(

g) by deleting the definition of " fluid plant ",

(

h) by adding the following definition:

"fourth class plant" means

(

a) a power plant that exceeds 50 m 2 of boiler capacity but does not exceed 100 m 2 of boiler capacity,

(

b) a heating plant that exceeds 300 m 2 of boiler capacity,

(

c) a low pressure thermal fluid plant that exceeds 500 m 2 of boiler capacity but does not exceed 1 500 m 2 of boiler capacity,

(

d) a low temperature low pressure fluid plant that exceeds 1 000 m 2 of boiler capacity, or

(

e) an unfired plant that exceeds 500 m 2 of boiler capacity but does not exceed 1 000 m 2 of boiler capacity; ,

(

i) by repealing the definition of " greenhouse plant ",

(

j) by adding the following definition:

"heating plant" means

(

a) a boiler in which steam or other vapour May be generated at a pressure not exceeding 103 kPa, or

(

b) a boiler, other than a low-temperature, low-pressure boiler, in which water or an aqueous solution May be heated to a pressure not exceeding 1 100 kPa or a temperature not exceeding 121°C; ,

(

k) by repealing the

definitions of " low pressure fluid plant " and " low pressure steam plant ",

(

l) by repealing the definition of " low pressure thermal fluid plant " and substituting the following:

"low pressure thermal fluid plant" means an assembly of one or more thermal fluid boilers that do not contain an expansible fluid and are protected with temperature control and safety devices that will not permit the boilers to continue to operate should the temperature rise to or above the vapour point of the contained thermal fluid at atmospheric pressure; ,

(

m) in the definition of " plant " by striking out " low pressure steam plant, ", " low pressure fluid plant, " and " , greenhouse plant ", and by adding " heating plant, " after " power plant, ",

(

n) by repealing the definition of " refrigeration mechanic " and substituting the following:

"refrigeration mechanic" means a person who holds any of the following:

(

a) an industry training credential, issued under the Industry Training Authority Act , as a refrigeration mechanic;

(

b) an inter-provincial red seal credential in the trade of refrigeration and air-conditioning mechanic;

(

c) a credential acceptable to a provincial safety manager; ,

(

o) by adding the following definition:

"second class plant" means a power plant that exceeds 500 m 2 of boiler capacity but does not exceed 1 000 m 2 of boiler capacity; , and

(

p) by adding the following

definitions:

"standardized certificate of competency" means a certificate by that name, issued by another jurisdiction in Canada, that provides evidence of an individual's level of competence as a power engineer;

"steam heating plant" means a heating plant that generates steam or vapour;

"third class plant" means

(

a) a power plant that exceeds 100 m 2 of boiler capacity but does not exceed 500 m 2 of boiler capacity,

(

b) a low pressure thermal fluid plant that exceeds 1 500 m 2 of boiler capacity, or

(

c) an unfired plant that exceeds 1 000 m 2 of boiler capacity; .

Section 3 is amended

(

a) in subsection (2) by repealing paragraphs (

b) and (

c) and substituting the following:

(

b) a heating plant with a heating surface of 3 m 2 or less; ,

(

b) in subsection (2) (

e) by striking out " fluid plant " and substituting " heating plant ",

(

c) by repealing subsection (2) (

f) and substituting the following:

(

f) a heating plant, refrigeration plant or pressure vessel plant, other than plants with toxic or flammable contents, that are located in a building that contains only 4 or fewer self-contained residential units; ,

(

d) in subsection (2) (

m) by striking out " pressure piping " and substituting " piping ",

(

e) in subsection (2) by adding the following paragraphs:

(

s) air or hydraulic brake systems subject to the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act (Canada);

(

t) air or hydraulic brake or steering systems for off road vehicles. , and

(

f) by adding the following subsections:

(3) Despite amendments made to this regulation effective April 1, 2009, sections 10, 14, 16, 18, 20 and 44, as they read immediately before that date, continue to apply to

(

a) a plant that is reclassified as a result of those amendments, unless the plant changes its boiler capacity, and

(

b) a power engineer of the plant so long as the power engineer remains with that plant.

(4) Subsection (3) is repealed on April 1, 2014.

12 The following

section is added:

Relation to the Safety Standards General Regulation

3.1 This regulation is subject to the Safety Standards General Regulation.

Section 6 is amended

(

a) in paragraph (

b) by striking out " low pressure steam plant " and substituting " steam heating plant ",

(

b) in paragraph (

c) by striking out " low pressure fluid plant " and substituting " fluid heating plant ", and

(

c) by repealing paragraph (

g) and substituting the following:

(

g) an indirect refrigeration plant, as defined in CSA B52, using refrigerant R 11 and all other refrigeration plants with refrigerant groups A1, A2 or B1, as defined in CSA B52, not exceeding a total plant capacity of 200 kW prime mover nameplate rating; .

Section 7 is amended

(

a) in paragraph (

e) by striking out " (boiler endorsement) ",

(

b) by repealing paragraph (

f) and substituting the following:

(

f) refrigeration operator; , and

(

c) by repealing paragraph (i).

Section 8 is repealed.

Section 9 is repealed and the following substituted:

Marine (steam) certificate of competency

(1) In this section, "marine (steam) certificate of competency" means a credential issued by Transport Canada that provides evidence of an individual's level of competence with steam propulsion systems.

(2) An individual who holds a marine (steam) certificate of competency May be issued a power engineer's certificate of qualification for the purposes of the Act of one class lower than the class for which the person holds the certificate of competency if

(

a) the individual presents the certificate of competency to a provincial safety manager, and

(

b) the individual provides evidence, acceptable to a provincial safety manager, of the work experience and other qualifications that are required to obtain a power engineer's certificate of qualification of that lower class.

17 Sections 10 and 12 are repealed.

Section 13 is amended

(

a) by repealing paragraphs (1) (a), (b), (

d) and (

e) and substituting the following:

(a) 30 months as chief engineer of a second class plant that is a power plant,

(b) 30 months as an assistant chief engineer of a first class plant that is a power plant,

(d) 30 months as shift engineer of a first class plant that is a power plant, or

(e) 45 months as an assistant shift engineer of a first class plant that is a power plant. ,

(

b) in subsection (3) by striking out " 24 months " and substituting " 12 months ".

Section 14 is repealed.

Section 15 (1) is amended

(

a) by repealing paragraphs (b) (

i) to (vi) and substituting the following:

(i) 24 months as chief engineer of a third class plant that is a power plant,

(ii) 24 months as a shift engineer or as an assistant chief engineer of a second class plant that is a power plant, or

(iii) 24 months as an assistant shift engineer or an assistant engineer performing duties, approved by a provincial safety manager, at a first class plant that is a power plant. ,

(

b) in subsection (3) by striking out " one half " and substituting " 12 months ".

Section 16 is repealed.

Section 17 is amended

(

a) by repealing paragraphs (b) (

i) to (vi) and substituting the following:

(i) 12 months as a power engineer in a position requiring a fourth class power engineer's certificate of qualification in a power plant that is fourth class plant, third class plant, second class plant or first class plant,

(ii) 24 months as a chief engineer, shift engineer or assistant shift engineer of a fourth class heating plant, or

(iii) 36 months as a chief engineer of a fourth class plant other than a power plant or a heating plant. ,

(

b) in subsections (2) and (3) by striking out " subsection (1) (b) (

i) to (v) " and substituting " subsection (1) (b) (

i) to (iii) ", and

(

c) in subsection (3) by striking out " one half " and substituting " 6 months ".

Section 18 is repealed.

Section 19 is amended

(

a) in subsection (1) (

b) by adding " have completed a fourth class power engineering course approved by the provincial safety manager or be the holder of an engineering degree approved by the provincial safety manager and " at the beginning of the paragraph,

(

b) in subsection (1) (b) (

i) and (ii) by striking out " 12 months " and substituting " 6 months ",

(

c) in subsection (1) (b) (ii) (

B) by striking out " low pressure steam plant " and substituting " steam heating plant ",

(

d) in subsection (1) (b) (ii) (

C) by striking out " low pressure fluid plant " and substituting " fluid heating plant ",

(

e) in subsection (1) (b) (iii) by adding " acquiring experience acceptable to a provincial safety manager " after " 18 months ", and

(

f) by repealing subsections (2) and (3).

Section 20 is repealed and the following substituted:

What a first, second, third or fourth class power engineer May do

(1) A first, second, third and fourth class power engineer's certificate of qualification entitles the holder to be

(

a) chief engineer of a plant with a corresponding or lower class,

(

b) shift engineer of a plant up to one class higher than the class of the certificate, or

(

c) a person in charge of any type or size of refrigeration plant.

(2) The holder of any class of power engineer's certificate of qualification May perform the duties authorized for the holder of a power engineer's certificate of qualification of a lower classification.

(3) An individual who holds a power engineer's certificate of qualification that is one class lower than that required for

(

a) chief engineer of a plant May act as an assistant chief engineer of the plant, or

(

b) shift engineer of a plant May act as an assistant shift engineer of the plant.

(4) An individual who holds any class of power engineer's certificate of qualification May act as an assistant engineer.

Section 23 is repealed and the following substituted:

Fifth class power engineer's certificate of qualification

23 An applicant for a fifth class power engineer's certificate of qualification must either

(

a) be the holder of a marine engineer (motor) certificate of competency, or

(

b) have

(

i) either successfully completed a fifth-class power engineering course approved by a provincial safety manager or provided proof of having an equivalent technical educational background approved by a provincial safety manager, and

(ii) either

(

A) experience for a period of not less than 4 months as a power engineer trainee in a plant that is fifth class or higher, or

(

B) experience, acceptable to a provincial safety manager, for a period of not less than 6 months in the design, construction, repair, operation or maintenance of equipment to which this regulation applies.

Section 24 is repealed and the following substituted:

What a fifth class power engineer May do

24 A fifth class power engineer's certificate of qualification entitles the holder to be

(

a) a chief engineer of a fifth class plant, or

(

b) a shift engineer of a fourth class plant.

Section 25 is amended

(

a) in subsection (1) by striking out " fifth class power engineer's certificate of qualification (refrigeration endorsement) " and substituting " refrigeration operator's certificate of qualification ", and

(

b) by repealing subsection (1) (

a) and substituting the following:

(

a) have

(

i) successfully completed a refrigeration operator's course, approved by a provincial safety manager, or provided proof of having an equivalent technical educational background that has been approved by a provincial safety manager, and

(ii) been employed for a period of not less than 6 months assisting in the operation of a refrigeration plant that uses

(

A) group A3, B2 or B3 refrigerants and has a capacity of more than 25 kW of prime mover name plate rating, or

(

B) group A1, A2 or B1 refrigerants and has a capacity of more than 125 kW of prime mover name plate rating, or , and

(

c) by repealing subsection (2).

Section 26 is repealed and the following substituted:

What a refrigeration operator May do

26 A refrigeration operator's certificate of qualification entitles the holder to be a person in charge of any type and size of refrigeration plant.

Section 30 is repealed.

Section 31 is repealed and the following substituted:

Application procedure for an oil well boiler operator's certificate of qualification

31 An applicant for an oil well boiler operator's certificate of qualification must

(

a) have passed the oil well boiler operator certificate of qualification examination, and

(

b) either

(

i) be employed at, and have experience in the operation of, an oil well plant for a period of not less than 6 months, or

(ii) have successfully completed an oil well boiler operator's course that has been approved by a provincial safety manager.

Section 32 is repealed and the following substituted:

What an oil well boiler operator May do

32 The holder of an oil well boiler operator's certificate of qualification May operate a power plant that

(

a) is operating on a portable oil rig or drilling site,

(

b) does not exceed 100 m 2 of boiler capacity, and

(

c) is named on the certificate of qualification.

Section 34 is amended by striking out " traction engine, threshing machine, donkey boiler or other demonstration or show boiler " and substituting " antique show boiler ".

Section 36 (

b) is amended by striking out " fifth class power engineer (refrigeration endorsement) " and substituting " refrigeration operator ".

Section 38 (1) is amended

(

a) in paragraph (

b) by striking out " low pressure steam plant " and substituting " steam heating plant ", and

(

b) in paragraph (

c) by striking out " low pressure fluid plant " and substituting " fluid heating plant ".

Section 44 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A plant classification referred to in this regulation requires a power engineer with a corresponding or higher class of certificate of qualification to be appointed as chief engineer of that plant. ,

(b) subsection (2) is amended by striking out " , as detailed in sections 47 to 51 ",

(

c) by adding the following subsection:

(2.1) A refrigeration plant requires a refrigeration operator or a power engineer with a fourth class or higher certification of qualification to be in charge of the plant. , and

(

d) by repealing subsections (3) and (4).

37 Sections 47 to 53 are repealed.

Section 55 (1) (

b) is amended

(

a) in subparagraph (ii) by striking out " low pressure steam plant " and substituting " steam heating plant ", and

(

b) in subparagraph (iii) by striking out " low pressure fluid " and substituting " fluid heating ".

Section 56 (1) (

a) is amended by striking out " low pressure fluid " and substituting " fluid heating ".

Section 68 (1) (

a) is amended by striking out " low pressure steam, low pressure fluid " and substituting " steam heating, fluid heating ".

Section 84 (3) is repealed and the following substituted:

(3) Subsection (2) does not apply to

(

a) pressure piping that is NPS 3 or less or in a heating plant, or

(

b) a pressure-retaining component that is an integral part of a rotating or reciprocating mechanical device, if the primary design considerations or stresses of the device are derived from the functional requirements of the device.

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