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R.R.O. 1990, Reg. 904: GENERAL

under Operating Engineers Act, R.S.O. 1990, c. O.42

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Versions
revoked or spent June 27, 2001

Operating Engineers Act
Loi sur les mécaniciens d’exploitation

REGULATION 904

Amended to O. Reg. 231/01

GENERAL

Note: This Regulation was revoked on June 27, 2001. See: O. Reg. 231/01, s. 1.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“coiled tube boiler” means a boiler that has one or more tubes that may or may not be in the form of a coil where the circulation within the boiler is forced by means of a water pump, the water flow is of a once-through pattern or a modified once-through pattern and a small amount of water is returned to the water pump;

“commercial water tube boiler” means a boiler that is comprised of a top and bottom drum that are connected by tubes and that has the protective devices specified in subsections 22 (1), (5) and (6);

“dual control boiler” means a boiler or boilers having attached thereto a low-pressure control device and a pressure-recording device;

“engine” includes a turbine;

“examination” means an examination under clause 21 (1) (b) of the Act;

“guarded” means,

(a) in relation to a plant that every boiler, compressor or engine in the plant is guarded, and

(b) in relation to a boiler, compressor or engine, as the case may be, that the boiler, compressor or engine is provided with such devices in good operating condition as will ensure that the boiler, compressor or engine may be operated safely,

although the operating engineer or operator in charge of the plant may be absent from the boiler room, compressor room or engine room, as the case may be or, where the boiler, compressor or engine is not enclosed in a room, from the immediate vicinity;

“maintenance work” includes work performed on a boiler, compressor, pump, engine, valve, radiator, heating or cooling coil, steam trap, air filter or other plant component to ensure its continued safe and efficient operation;

“qualifying experience” means practical operating experience obtained during regular work periods,

(a) in any boiler or compressor installation that is defined as a plant in section 1 of the Act,

(b) in the boiler room and engine room of a steam-driven ship,

(c) under the supervision of the chief operating engineer or chief operator in a guarded plant as defined in this Regulation, or

(d) in a boiler or compressor installation that is defined as a plant in section 1 of the Act and is not situated in Ontario,

and may include the time spent in performing mechanical maintenance work on the premises on which the plant is situated;

“thermal liquid boiler” means a pressure vessel the contents of which are heated by a liquid circulated through a tube or tubes that are submerged in water, where the Therm-hour rating of the boiler is more than seventeen. R.R.O. 1990, Reg. 904, s. 1.

Qualifications of Members of the Board
and of Inspectors

2. A person is qualified to be appointed chief officer or an examiner if the person,

(a) holds a certificate of qualification as a stationary engineer (first class); and

(b) holds as evidence of general education an Ontario Secondary School Graduation Diploma or possesses such other evidence that satisfies the Minister that the person has educational qualifications equivalent to an Ontario Secondary School Graduation Diploma; or

(c) is registered as a member of The Association of Professional Engineers of the Province of Ontario. R.R.O. 1990, Reg. 904, s. 2.

3. A person is qualified to be appointed an inspector if the person,

(a) holds a certificate of qualification as a stationary engineer (first class or second class); or

(b) holds a certificate of competency under the Boilers and Pressure Vessels Act, and holds as evidence of general education an Ontario Secondary School Graduation Diploma, or possesses such other evidence that satisfies the Minister that the person has educational qualifications equivalent to an Ontario Secondary School Graduation Diploma. R.R.O. 1990, Reg. 904, s. 3.

Qualifications of Applicants for Certificates

4. (1) An applicant for a certificate of qualification as a stationary engineer (fourth class) shall,

(a) furnish evidence that he or she has operated a plant in Ontario for one year under a provisional certificate of qualification as a stationary engineer (fourth class); or

(b) furnish evidence of,

(i) accreditation in the subjects that comprise the training profile for this class of certificate, and

(ii) previous training and experience as prescribed by subsection (2).

(2) For the purposes of subclause (1) (b) (ii), an applicant shall,

(a) furnish evidence from his or her employer stating that he or she has had three months qualifying experience in a stationary power plant or a low pressure stationary plant;

(b) furnish evidence that he or she holds a certificate of competency as a third class engineer (steam or with steam endorsement) issued under the authority of the Canada Shipping Act, as amended or re-enacted from time to time; or

(c) furnish evidence that he or she has at least twelve months operating experience on boilers, engines and auxiliaries of naval or merchant ships equipped with boilers. R.R.O. 1990, Reg. 904, s. 4.

5. (1) An applicant for a certificate of qualification as a stationary engineer (third class) shall,

(a) furnish evidence that he or she has operated a plant in Ontario for one year under a provisional certificate of qualification as a stationary engineer (third class); or

(b) furnish evidence of,

(i) accreditation in the subjects that comprise the training profile for this class of certificate, and

(ii) previous training and experience as prescribed by subsection (2).

(2) For the purposes of subclause (1) (b) (ii), an applicant shall,

(a) hold a certificate of qualification as a stationary engineer (fourth class) and shall furnish evidence from his or her employer stating that he or she has had, in addition to the qualifying experience prescribed by the regulations for a certificate of qualification as a stationary engineer (fourth class), a further twelve months qualifying experience in a stationary power plant or a low pressure stationary plant;

(b) hold a certificate of competency as a second class engineer (steam or steam endorsement),

(i) issued under the Merchant Shipping Act (Imperial), as amended or re-enacted from time to time, or

(ii) issued under the Canada Shipping Act, as amended or re-enacted from time to time;

(c) furnish evidence that he or she has had two years experience on boilers, engines and auxiliaries of naval or merchant ships equipped with boilers; or

(d) furnish evidence of,

(i) a minimum of nine months practical experience and nine months academic experience in a course of training that has been approved by the Minister under clause 21 (1) (b) of the Act and at a community college that is equipped with a registered plant used for teaching purposes and that requires the services of a stationary engineer holding a third class or higher certificate of qualification, and

(ii) six months practical operating experience in a registered industrial plant that requires the services of a stationary engineer holding a second class or higher certificate of qualification. R.R.O. 1990, Reg. 904, s. 5.

6. (1) An applicant for a certificate of qualification as a stationary engineer (second class) shall,

(a) furnish evidence that he or she has operated a plant in Ontario for one year under a provisional certificate of qualification as a stationary engineer (second class); or

(b) furnish evidence of,

(i) accreditation in the subjects that comprise the training profile for this class of certificate, and

(ii) previous training and experience as prescribed by subsection (2).

(2) For the purpose of subclause (1) (b) (ii), an applicant shall,

(a) hold a certificate of qualification as a stationary engineer (third class) and shall furnish evidence from his or her employer stating that he or she has had, in addition to the qualifying experience prescribed by the regulations for a certificate of qualification as a stationary engineer (third class), a further eighteen months qualifying experience in a stationary power plant having a Therm-hour rating exceeding 134;

(b) hold a certificate of competency as a first class engineer (steam or with steam endorsement),

(i) issued under the authority of the Merchant Shipping Act (Imperial), as amended or re-enacted from time to time, or

(ii) issued under the authority of the Canada Shipping Act, as amended or re-enacted from time to time;

(c) hold a certificate of competency as a second class engineer (steam or with steam endorsement),

(i) issued under the authority of the Merchant Shipping Act (Imperial), as amended or re-enacted from time to time, or

(ii) issued under the authority of the Canada Shipping Act, as amended or re-enacted from time to time,

and has at least one year of qualifying experience in a stationary power plant having a Therm-hour rating exceeding 134; or

(d) furnish evidence that he or she,

(i) holds an engineering degree conferred by a university in Canada or by a university outside Canada, where the course of study leading to the degree is, in the opinion of the Board, equivalent to that leading to an engineering degree in a university in Canada, and

(ii) has had at least twenty-four months of qualifying experience that is approved by the Board for the purpose of this section in a stationary power plant having a Therm- hour rating exceeding 12,000 that is generating electricity for Ontario Hydro. R.R.O. 1990, Reg. 904, s. 6.

7. (1) An applicant for a certificate of qualification as a stationary engineer (first class) shall,

(a) furnish evidence of accreditation in the subjects which comprise the training profile for this class of certificate; and

(b) furnish evidence of previous training and experience as prescribed by subsection (2).

(2) An applicant shall,

(a) hold a certificate of qualification as a stationary engineer (second class) and shall furnish evidence from his or her employer stating that he or she has had, in addition to the qualifying experience prescribed by the regulations for a certificate of qualification as a stationary engineer (second class), a further thirty months qualifying experience in a stationary power plant and shall have spent not less than,

(i) six months of the thirty months in a stationary power plant having a Therm-hour rating in excess of 134, and

(ii) twenty-four months of the thirty months in a stationary power plant having a Therm-hour rating in excess of 300;

(b) have the qualifications and experience prescribed in clauses 6 (2) (b) and (c), and not less than twelve months of qualifying experience in a stationary power plant with a Therm-hour rating exceeding 300; or

(c) furnish evidence that he or she,

(i) holds an engineering degree conferred by a university in Canada or by a university outside Canada where the course of study leading to the degree is, in the opinion of the Board, equivalent to that leading to an engineering degree in a university in Canada, and

(ii) has had at least thirty-six months of qualifying experience that is approved by the Board for the purpose of this section in a stationary power plant with a Therm-hour rating exceeding 12,000 that is generating electricity for Ontario Hydro. R.R.O. 1990, Reg. 904, s. 7.

8. An applicant for a certificate of qualification as a compressor operator shall,

(a) be at least eighteen years of age;

(b) obtain a mark of not less than 50 per cent on each examination subject and an overall examination average mark of not less than 60 per cent; and

(c) furnish evidence from his or her employer stating that he or she has had at least six months of qualifying experience in a compressor plant. R.R.O. 1990, Reg. 904, s. 8.

9. An applicant for a certificate of qualification as a refrigeration operator (B class) shall,

(a) be at least eighteen years of age;

(b) obtain a mark of not less than 50 per cent on each examination subject and an overall examination average mark of not less than 60 per cent; and

(c) furnish evidence from his or her employer stating that he or she,

(i) has had at least one year of qualifying experience in a refrigeration plant, or

(ii) has had six months of experience in installing and servicing refrigeration equipment and six months of qualifying experience in a refrigeration plant. R.R.O. 1990, Reg. 904, s. 9.

10. An applicant for a certificate of qualification as a refrigeration operator (A class) shall,

(a) obtain a mark of not less than 50 per cent on each examination subject and an overall examination mark of not less than 60 per cent;

(b) be the holder of a certificate of qualification as a refrigeration operator (B class); and

(c) furnish evidence from his or her employer stating that he or she has had at least four years of qualifying experience in a refrigeration plant of which not less than one year has been in a plant having a Therm-hour rating exceeding 10.176. R.R.O. 1990, Reg. 904, s. 10.

11. Where an applicant for a certificate of qualification has successfully completed a course of training for the certificate of qualification, such portion of the time spent by the applicant in completing the course of training as is approved by the Board may be included in the calculation of qualifying experience for the purposes of sections 4 to 10. R.R.O. 1990, Reg. 904, s. 11.

Re-examinations

12. (1) Subject to subsection (2), an applicant for a certificate of qualification who has failed to pass the examination required by the Board may, on payment of the fee prescribed in the Schedule, be re-examined upon presenting himself or herself for re-examination at a place, date and time appointed by the Board.

(2) A re-examination under subsection (1) shall not be held within sixty days following the previous examination. R.R.O. 1990, Reg. 904, s. 12.

Issue of Certificates

13. (1) No certificate of qualification or provisional certificate of qualification shall be issued until the applicant has,

(a) delivered to the Board his or her application in the prescribed form; and

(b) fulfilled the requirements referred to in section 21 or 22 of the Act, as the case may be. R.R.O. 1990, Reg. 904, s. 13 (1).

(2) A certificate of qualification issued for the first time expires on the first birthday next following of the holder of the certificate.

(3) On payment of the prescribed fee, a renewal of a certificate of qualification shall be valid for a period of one year. O.Reg. 351/93, s. 1.

(4) Where a certificate of qualification has not been renewed within one year of the date of its expiry the certificate shall not be reinstated until the fee prescribed in the Schedule is paid, and the Board is satisfied that the applicant is capable of performing the duties of an operating engineer or operator.

(5) A person holding a subsisting certificate of qualification shall notify the Board in writing within fifteen days of a change of address.

(6) Where a person proves to the satisfaction of the Board that,

(a) his or her certificate of qualification has been lost or destroyed; or

(b) his or her name has been changed,

the Board shall, on payment of the fee prescribed in the Schedule, issue to the person a duplicate certificate of qualification, or in the case of a change in name, reissue the certificate of qualification. R.R.O. 1990, Reg. 904, s. 13 (4-6).

Evidence of Age

14. (1) Where evidence of age is required under this Regulation, an applicant for a certificate of qualification or a provisional certificate of qualification shall furnish his or her birth certificate.

(2) Where the Board is satisfied that it is not practicable for the applicant to furnish his or her birth certificate, the Board may accept,

(a) one item of Class A evidence of birth; or

(b) two items of Class B evidence of birth,

as prescribed in section 8 or 10 of Regulation 1094 of the Revised Regulations of Ontario, 1990. R.R.O. 1990, Reg. 904, s. 14.

Operation by Authorized Persons

15. A user shall ensure that the user’s plant is operated by a person who holds a certificate of qualification that authorizes the person to operate that plant. R.R.O. 1990, Reg. 904, s. 15.

Chief Operating Engineers and Chief Operators

16. In addition to any powers and duties prescribed by the Act, a chief operating engineer or a chief operator, as the case may be,

(a) shall take all measures necessary to maintain the plant in a safe operating condition and shall notify the user of the measures taken;

(b) shall maintain discipline among the persons employed in the plant who are under his or her control or supervision;

(c) shall direct and supervise shift engineers or shift operators, as the case may be, in their work and duties for the safe operation of the plant;

(d) shall ensure that an accurate record of matters that may affect the safety of the plant is made and maintained at all times as required by section 18;

(e) shall supervise and be responsible for the repair and maintenance of the plant where the plant is a boiler or compressor plant; and

(f) shall, subject to section 21, supervise or perform operational and maintenance work on the premises on which the plant is situated. R.R.O. 1990, Reg. 904, s. 16.

Shift Engineers and Shift Operators

17. In addition to the powers and duties prescribed by the Act, a shift engineer or shift operator, as the case may be, shall,

(a) under the direction and supervision of the chief operating engineer or chief operator, as the case may be,

(i) be responsible for the safe operation of the plant,

(ii) supervise other employees on his or her shift who are under his or her control,

(iii) subject to section 21, perform maintenance and operational work on the premises on which the plant is situated;

(b) maintain a close watch on the condition and repair of all equipment in the plant and report to the chief operating engineer or chief operator, as the case may be, any condition that may impair the safety of the plant;

(c) take such measures as are necessary to prevent any immediate danger; and

(d) ensure that an accurate record of matters that may affect the safety of the plant is made and maintained at all times during the shift period as required by section 18. R.R.O. 1990, Reg. 904, s. 17.

Log Books

18. (1) The user shall provide for use in the user’s plant a log book in a form approved by the chief officer.

(2) The person in charge of a shift in a plant shall record in the log book in respect of the shift,

(a) the date, the number or designation of the shift and his or her name;

(b) any change from normal operating procedure, and the time of such change;

(c) any special instructions that may have been given to achieve the change referred to in clause (b) and the name of the person who gave the instructions;

(d) any unusual or abnormal condition observed in the plant, and the time thereof;

(e) repairs to any part of the plant and the time such repairs were commenced and, if completed on the shift, the time thereof;

(f) the time of commencing and terminating his or her shift; and

(g) the date and time of any test of a safety device carried out during his or her shift.

(3) No person shall deface, damage, destroy or, without permission of the user, remove the log book from the plant.

(4) The user shall ensure that the log book is kept accessible in the plant for at least one year after the last entry therein and shall produce the log book for examination upon the request of an inspector. R.R.O. 1990, Reg. 904, s. 18.

Reduction of Therm-Hour Rating of Plant

19. (1) Where a user intends to reduce the Therm-hour rating of a plant the user shall notify the chief officer of the intention to have the Therm-hour rating reduced.

(2) The Therm-hour rating of a plant may be reduced by the isolation of a boiler or prime mover of a compressor or by any other means acceptable to an inspector and the inspector shall affix a seal or seals to the boiler, compressor or any part of the plant in such a manner that no increase to the new Therm-hour rating of the plant may be made without removal of the seal.

(3) Where the output of a boiler is permanently reduced by the welding of blanking plates to the tubes an inspector is not required to affix a seal to the boiler.

(4) No person shall remove a seal that has been affixed to a boiler or compressor or plant by an inspector unless the removal is authorized by the chief officer.

(5) The user shall pay the fees prescribed in the Schedule for affixing a seal to a boiler or compressor in the user’s plant.

(6) No person shall operate a boiler or prime mover of a compressor unless the Therm-hour rating of the boiler or prime mover is included in the total Therm-hour rating of the plant. R.R.O. 1990, Reg. 904, s. 19.

20. Where the chief officer is satisfied that the plant user has made every effort to acquire the services of a chief operating engineer or a shift engineer and is unsuccessful, the chief officer may authorize the user in writing to operate the plant for a specified time with a temporary chief operating engineer or shift engineer, as the case may be, who holds a certificate of qualification one class lower than that stated on the plant registration certificate or who is an operating engineer in training and who is competent to operate the plant. R.R.O. 1990, Reg. 904, s. 20.

Absences from Plants

21. (1) Where a guarded plant complies with the requirements of section 22 and the protective devices are functioning properly, the operating engineer or operator in charge of a guarded plant mentioned in subsection (2) may be absent from the plant to perform maintenance work and work related to the user’s utility systems on the premises in which the plant is located with the permission of,

(a) the chief operating engineer or chief operator, as the case may be; or

(b) the plant user, where the guarded plant has one operating engineer or operator in charge.

(2) Where the user of a guarded plant complies with requirements of section 22 and the protective devices are functioning properly, whether the plant operates twenty-four hours a day or less, the user shall,

(a) have one stationary engineer, compressor operator or refrigeration operator, as the case may be, in charge of,

(i) a guarded low-pressure stationary plant having a Therm-hour rating of 100 or less,

(ii) a guarded stationary power plant having a Therm-hour rating of 34 or less,

(iii) a guarded steam-powered plant having a Therm-hour rating of 10.176 or less,

(iv) a guarded plant comprised of one or more commercial water tube boilers, where each boiler contains steam at a pressure of fifteen pounds per square inch or less or water at a temperature of 250_F or less, and the total Therm-hour rating of the boilers is 400 or less,

(v) a guarded plant comprised of one or more commercial water tube boilers, where each boiler contains steam at a pressure of more than fifteen pounds per square inch of water at a temperature of more than 250_F and the total Therm-hour rating of the boilers is 134 or less,

(vi) a guarded compressor plant having a Therm-hour rating of 10.176 or less, or

(vii) a guarded refrigeration plant having a Therm-hour rating of 5.088;

(b) have one stationary engineer (fourth class) in charge, and a stationary engineer on each succeeding shift of,

(i) a guarded low-pressure stationary plant having a Therm-hour rating of more than 100 and up to and including 134, or

(ii) a guarded stationary power plant having a Therm-hour rating of more than 34 and up to and including 50;

(c) have a stationary engineer (third class), compressor operator or refrigeration operator in charge and a stationary engineer, compressor operator or refrigeration operator, as the case may be, on each succeeding shift of,

(i) a guarded low-pressure stationary plant having a Therm-hour rating of more than 134 and up to and including 400,

(ii) a guarded stationary power plant having a Therm-hour rating of more than 50 and up to and including 134,

(iii) a guarded compressor plant having a Therm-hour rating of more than 10.176 and up to and including 20.352,

(iv) a guarded refrigeration plant having a Therm-hour rating of more than 5.088 and up to and including 20.352, or

(v) a guarded steam powered plant having a Therm-hour rating of more than 10.176 up to and including 20.352;

(d) have one stationary engineer (second class), compressor operator or refrigeration operator (Class A) in charge and a stationary engineer (third class), compressor operator or refrigeration operator, as the case may be, on each succeeding shift of,

(i) a guarded low-pressure stationary plant having a Therm-hour rating of more than 400,

(ii) a guarded stationary power plant having a Therm-hour rating of more than 134 and up to and including 400,

(iii) a guarded compressor plant having a Therm-hour rating of more than 20.352, or

(iv) a guarded refrigeration plant having a Therm-hour rating of more than 20.352; and

(e) unless otherwise authorized by the chief officer, have one stationary engineer (third class) in charge of a thermal liquid boiler during such times as the boiler is in operation, whether the boiler operates twenty-four hours a day or less.

(3) In a plant that is not guarded, the operating engineer or operator in charge of,

(a) a stationary power plant with a Therm-hour rating not exceeding fifty;

(b) a low-pressure stationary plant with a Therm-hour rating not exceeding 134; or

(c) a steam-powered plant, a refrigeration plant or a compressor plant with a Therm-hour rating not exceeding 5.088,

may be absent as provided for in section 19 of the Act from the plant for not more than fifteen minutes in any one hour.

(4) The user of a plant in which there is installed as part of the plant,

(a) a guarded compressor with a Therm-hour rating exceeding 1.145 and not exceeding 3.816;

(b) a guarded refrigeration compressor with a Therm-hour rating exceeding 0.7632 and not exceeding 2.544;

(c) a guarded boiler for steam at a pressure of fifteen pounds per square inch or less and for water at a temperature of more than 212_F and not more than 250_F and having a Therm-hour rating exceeding ten and not exceeding fifty; or

(d) a guarded boiler for steam at a pressure of more than fifteen pounds per square inch or for water at a temperature of more than 250_F and with a Therm-hour rating exceeding five and not exceeding seventeen,

shall ensure that when any one such guarded compressor or guarded boiler is operated no other part of the plant is operated unless a person who is qualified under section 15 of the Act is present in the plant as provided for in section 19 of the Act. R.R.O. 1990, Reg. 904, s. 21.

Fail-Safe Devices

22. (1) The user of a boiler in a guarded stationary power plant or a guarded low-pressure stationary plant shall provide the boiler with protective devices including,

(a) a high-pressure limiting device on the steam boiler or a high-temperature limiting device on the hot-water boiler, as the case may be;

(b) a low-water level limiting device separate from any other device that controls the feed-water supply to the steam boiler;

(c) a high-water level limiting device separate from any other device that controls the feed-water supply to the steam boiler; and

(d) a pre-purge and flame failure device that will automatically prevent the supply of fuel to the boiler when an abnormal condition occurs during the operation of the boiler.

(2) The user of a compressor in a guarded refrigeration plant shall provide the compressor with protective devices including,

(a) a high-liquid level limiting device on the evaporator or the suction drum of the compressor;

(b) a high-temperature limiting device in the cooling-water discharge line; and

(c) a low-pressure limiting device in the lubricating oil system,

which device will automatically prevent the supply of energy to the prime mover of the compressor when an abnormal condition occurs during the operation of the compressor.

(3) The user of a compressor in a guarded compressor plant shall provide the compressor with protective devices including,

(a) a high-temperature limiting device in the compressor discharge line;

(b) a high-temperature limiting device in the cooling-water discharge line; and

(c) a low-pressure limiting device in the lubricating oil system,

which device will automatically prevent the supply of energy to the prime mover of the compressor when an abnormal condition occurs during the operation of the compressor.

(4) The user of an engine in a guarded steam-powered plant shall provide the engine with a device to automatically cut off the supply of steam when the engine exceeds its maximum safe speed.

(5) The user of a guarded plant referred to in subsections 21 (1) and (2) shall provide the plant with an audible and visual alarm system that will,

(a) ensure that the operating engineer or operator is warned when any abnormal or unsafe condition for which a protective device is prescribed in subsections (1) to (4) occurs; and

(b) extend to any part of the premises on which the plant is situated and in which the operating engineer or operator may be present while in charge of the plant.

(6) Each protective device prescribed in subsections (1) to (5) shall,

(a) not be capable of automatically restarting the plant; and

(b) maintain the visual warning until the abnormal or unsafe condition is rectified.

(7) The operating engineer or operator in charge of a guarded boiler or guarded compressor, as the case may be, shall ensure that the safety valve and other fittings, prescribed in the Boilers and Pressure Vessels Act and the regulations thereunder, are in safe working condition.

(8) The user of a guarded plant shall ensure that all protective devices are regularly tested under operating conditions.  R.R.O. 1990, Reg. 904, s. 22.

23. Where any protective device in a guarded plant ceases to function properly, the user shall ensure that the plant is not operated unless,

(a) an operating engineer or operator as required by section 15 of the Act is in constant attendance in the plant; or

(b) the protective device has been repaired or replaced, and tested and found to function properly by a person competent to do so. R.R.O. 1990, Reg. 904, s. 23.

Coiled Tube Boiler

24. An operating engineer is not required to be in attendance where a plant is comprised of one or more coiled tube boilers, and,

(a) each boiler contains steam at a pressure of more than fifteen pounds per square inch or water at a temperature of more than 250_F and the combined total water content of the boilers does not exceed 250 Imperial gallons; or

(b) each boiler contains steam at a pressure of fifteen pounds per square inch or less or water at a temperature of 250_F or less and the combined total water content of the boilers does not exceed 750 Imperial gallons. R.R.O. 1990, Reg. 904, s. 24.

25. Where the combined total water content of one or more coiled tube boilers exceeds those stated in section 24, the user shall ensure that an operating engineer is in attendance in the boiler room of the plant. R.R.O. 1990, Reg. 904, s. 25.

Water Tube Boilers of Special Design

25.1 (1) Subject to section 23, an operating engineer is not required to be in attendance if a plant is comprised of one or more water tube boilers that,

(a) are guarded as required by subsections 22 (1), (5), (6), (7) and (8);

(b) have no components containing steam or water pressure exposed to the products of combustion or the direct heat of combustion, except for tubes or butt welded tube connecting fittings;

(c) have drums or headers each having,

(i) an inside diameter of not more than 23.6 inches, if a drum or header of circular cross-section is used, or

(ii) an inside cross-sectional area of not more than 77.5 square inches, if a drum or header of non-circular cross-section is used; and

(d) meet the requirements of subsection (2).

(2) The boilers referred to in subsection (1) shall,

(a) if the boilers contain steam at a pressure of more than 15 pounds per square inch or water at a temperature at any boiler outlet of more than 250_F,

(i) each have a flooded volume of 44 cubic feet or less, a water content of 75 Imperial gallons or less, a maximum allowable working pressure of 174 or less and a rating of 68 Therm-hours or less,

(ii) have a total water content that does not exceed 250 Imperial gallons, and

(iii) have a total rating that does not exceed 204 Therm-hours; or

(b) if the boilers contain steam at a pressure of 15 pounds per square inch or less or water at a temperature at any boiler outlet of more than 212_F and up to and including 250_F,

(i) each have a flooded volume of 88 cubic feet or less, a water content of 150 Imperial gallons or less, and

(ii) have a total water content that does not exceed 750 Imperial gallons. O.Reg. 220/92, s. 1.

Exemption

26. (1) Subject to section 23, where a plant is comprised of a dual control boiler and the Therm-hour rating of the plant is not more than 50 and the dual control boiler is to be operated at a pressure of less than 15 pounds per square inch, an operating engineer is not required to be in attendance at the plant if the plant is equipped with,

(a) a low-pressure control device that restricts the operating pressure of the dual control boiler to 15 pounds per square inch; and

(b) the protective devices required by subsection 22 (1), so long as the high-pressure limiting device or the high-temperature limiting device referred to in clause 22 (1) (a) is set for low-pressure operation.

(2) The results obtained from the pressure recording device attached to the dual control boiler shall be retained for a period of twelve months and shall be available to an inspector at all times.

(3) All protective and control devices described in subsection (1) shall be approved by the chief officer. R.R.O. 1990, Reg. 904, s. 26.

26.1 (1) This section applies to stationary power plants having a Therm-hour rating of more than 410 and being comprised of one or more boilers in one or in several locations.

(2) The boilers of a plant referred to in subsection (1) shall be located in areas to which the public does not normally have access and shall be surrounded by a fence, equipped with a locked gate and warning signs, that keeps the public at a safe distance from any danger associated or related to the operation of the boilers.

(3) A boiler of a plant referred to in subsection (1) shall,

(a) have controls to which no person other than an operating engineer qualified to operate the boiler normally has access;

(b) use a hot non-combustible fluid as the sole source of heat;

(c) have a unit Therm-hour rating of 614 or less;

(d) have equipment that allows manual control of the boiler at the place it is located; and

(e) be equipped with,

(i) equipment to control automatically the operation of the boiler,

(ii) fail-safe devices in accordance with subsections 22 (1), (5), (6), (7) and (8), local to the boiler, and

(iii) such additional fail-safe devices as are necessary for the safe operation of the boiler, local to the boiler.

(4) The user of a plant referred to in subsection (1) shall designate the location of one of the boilers as the principal location of the plant.

(5) For the purposes of this section, if a plant referred to in subsection (1) is comprised of several boilers situated in one location, that location shall be the principal location of the plant.

(6) The user of a plant referred to in subsection (1) shall, at the principal location, provide the following equipment:

1. Monitoring equipment to allow an operating engineer to monitor the operation of all the boilers of the plant.

2. Control equipment to allow an operating engineer to override the automatic control referred to in subclause (3) (e) (i) but not the fail-safe devices referred to in subclauses (3) (e) (ii) and (iii), and control manually the operation of any boiler of the plant.

3. An alarm system to warn an operating engineer of any potentially unsafe operating condition in any boiler of the plant before the boiler’s fail-safe device is engaged.

(7) The user of a plant referred to in subsection (1) shall appoint to the plant an operating engineer (first class) as chief operating engineer whose normal place of work shall be the principal location of the plant.

(8) The user of a plant referred to in subsection (1) shall employ such operating engineers as are necessary for the purposes of subsections (9) and (10).

(9) The chief operating engineer of a plant referred to in subsection (1) shall ensure that, whenever the boilers are in operation, one or more operating engineers (first or second class) are assigned to act as shift engineers of the plant and to be,

(a) present at the principal location for eight consecutive hours a day; and

(b) on call for the rest of the day, having at their disposal monitoring, control and alarm equipment that meets the requirements of subsection (6), is portable and can be operated from remote places.

(10) The chief operating engineer of a plant referred to in subsection (1) shall ensure that, whenever boilers in locations other than the principal location are in operation, one or more operating engineers are assigned to each location to be,

(a) present at the location for eight consecutive hours a day; and

(b) on call for the rest of the day, ready to respond to a call from the shift engineer and located so as to be able to arrive at the location of the boiler without undue delay.

(11) Despite anything in this section, if at any time there are persons, other than operating engineers, working in the vicinity of boilers which are in operation, an operating engineer shall be present at the boiler location.

(12) Despite anything in this section, section 23 applies to a plant referred to in subsection (1).

(13) An operating engineer referred to in subsection (10) shall hold the same certificate of qualification that would be required of a shift engineer if the plant consisted of boilers located at only one location. O.Reg. 220/92, s. 1.

26.2 (1) The user of a plant referred to in subsection 26.1 (1) shall ensure that the plant is not operated unless the plant, and the operation of the plant, is in accordance with section 26.1 and with the written manual of the plant’s operating procedures approved by the chief officer under subsection (3).

(2) The written manual referred to in subsection (1) shall set out the general operating procedures of the plant including the requirements with respect to staffing, training, qualifications, maintenance, repairs, inspection and checking procedures and emergency procedures.

(3) The user of a plant referred to in subsection 26.1 (1) shall submit the written manual to the chief officer who shall approve the manual if in his or her opinion it deals with the matters referred to in subsection (2) so as to protect the plant and surrounding property from damage and to ensure the safety of the plant employees and of the public. O.Reg. 220/92, s. 1.

Refrigeration Plants and Installations

26.3 In sections 26.4 to 26.6,

“ANSI/ASHRAE 34-1992” means the 1992 edition of Standard 34 “Number Designation and Safety Classification of Refrigerants” of the American Society of Heating, Refrigerating and Air-Conditioning Engineers Inc.;

“CAN/CSA-B52-92” means the 1992 edition of Standard B52 Mechanical Refrigeration Code of the Canadian Standards Association;

“Category 1 refrigerant” means a refrigerant classified into safety group A1 refrigerants established by ANSI/ASHRAE 34-1992;

“high pressure” means, in respect of a refrigeration unit, that all or part of the refrigerant circuit of the refrigeration unit is intended for and used at a pressure of more than 103 kPa;

“unattended” means operated without the appointment of a chief operating engineer or chief operator and without an operating engineer or operator on duty providing supervision. O.Reg. 46/93, s. 1.

26.4 (1) A refrigeration plant or installation that is comprised of only high pressure refrigeration units using Category 1 refrigerants may be operated unattended if,

(a) all refrigeration units have non-positive displacement compressors;

(b) no refrigeration unit rating is more than 1000 kW;

(c) no refrigeration installation rating is more than 3000 kW; and

(d) every refrigeration installation is equipped with the systems, devices and controls referred to in subsections (2), (3) and (4).

(2) A refrigeration installation referred to in subsection (1) shall be equipped with,

(a) an audible and visible alarm system that, if any potentially unsafe condition is indicated by a protective device,

(i) gives a warning to the operating engineer or operator or any other person who is located in the plant and is in charge of the installation, and

(ii) continues to give a visible warning until the potentially unsafe condition is rectified or the installation is safely shut down;

(b) an automatic control system that controls the installation when the operating engineer, operator or any other person in charge of the installation leaves the controls of the installation;

(c) protective devices and controls, including pressure relief devices, required by the Boilers and Pressure Vessels Act or the regulations under that Act;

(d) fail-safe devices required by subsection (3) which shall, if a potentially unsafe condition occurs, interrupt the supply of energy to the refrigerant compressor prime movers and prevent the installation from restarting under automatic control or under remote control; and

(e) such other devices as are necessary to allow the installation to be operated safely.

(3) For the purposes of clause (2) (d), the following devices are required:

1. A refrigerant high pressure limiting device in the refrigerant discharge line from the compressor.

2. A refrigerant high liquid level limiting device in the evaporator or the refrigerant suction accumulator, unless the design inherently prevents the possibility of liquid refrigerant being drawn into the compressor.

3. A low flow limiting device in the condenser coolant circuit, if the refrigerant coolant is liquid cooled.

4. A low flow limiting device in the compressor coolant circuit, if the compressor is liquid cooled.

5. A low oil pressure limiting device, if a pressurized lubricating oil system is used.

(4) A refrigeration installation referred to in subsection (1) and located in a machinery room shall be equipped with a gas detector system that will activate the alarm system required by clause (2) (a) and start a mechanical ventilation system if there is a leak of Category 1 refrigerant causing,

(a) the oxygen level in the room to fall below 19.5 per cent by volume; or

(b) the airborne concentration of refrigerant to rise above the “immediately dangerous to life or health” limit as defined by CAN/CSA-B52-92.

(5) For the purpose of subsection (4),

“machinery room” means a machinery room as defined by CAN/CSA-B52-92.

(6) A refrigeration installation referred to in subsection (1) shall comply with CAN/CSA-B52-92 and shall be installed and operated so as to ensure public safety. O.Reg. 46/93, s. 1.

26.5 (1) A user of a refrigeration installation that is to be operated unattended under section 26.4 shall ensure that,

(a) all controls, devices and systems required by that section are provided to the installation and tested and calibrated regularly; and

(b) records of tests and calibrations are kept in a log book for the plant.

(2) A user of a refrigeration installation that is to be operated unattended under section 26.4 shall ensure that the operating engineer or operator or any person in charge of the installation is instructed,

(a) not to start the installation if any control, device or system required for it by section 26.4 is not functioning properly; or

(b) to bring the installation to a safe stop immediately if the installation is operating when it is discovered that any control, device or system required by section 26.4 has ceased to function properly.

(3) A person operating a refrigeration installation that is unattended under section 26.4 shall comply with clauses (2) (a) and (b).

(4) If a refrigerant leak from an installation is indicated by the system required by subsection 26.4 (4), the user or the person in charge of the installation shall warn anyone who may be endangered by the leakage and take steps immediately to stop the leakage. O. Reg. 46/93, s. 1.

26.6 Despite subsections 26.5 (2) and (3), if a control, device or system required under section 26.4 for an installation ceases to function properly or if a refrigerant leak is indicated by a system required for an installation under subsection 26.4 (4), the installation may be operated if the user ensures that,

(a) the control, device or system can be repaired or replaced immediately, and the user takes immediate action to repair or replace it and has the installation attended constantly until such repair or replacement is made by a person competent to do so;

(b) an operating engineer or operator as required by section 15 of the Act is in constant attendance at the installation and determines that the installation can be safely operated that way; or

(c) the control, device or system has been repaired or replaced, and tested and found to function properly by a person competent to do so. O.Reg. 46/93, s. 1.

Reporting Accidents

27. The user shall notify the chief officer of the death, injury or accident, as the case may be, by telephone or other direct means and shall within forty-eight hours after the death, injury or accident, as the case may be, send the chief officer a written report of the circumstances where in a plant for which a certificate of registration has been issued or in an operation involving a hoisting plant,

(a) a person is killed or critically injured from any cause; or

(b) an accident occurs involving public liability or property damage to any part of the plant equipment in operation. R.R.O. 1990, Reg. 904, s. 27.

Forms and Fees

28. (1) An application for registration of a plant shall be in Form 1.

(2) A certificate of registration of a plant shall be in Form 2.

(3) An application for registration of a guarded plant shall be in Form3.

(4) A certificate of registration of a guarded plant shall be in Form 4.

(5) A notice of isolation of a boiler or compressor shall be in Form 5.

(6) An application for a certificate of qualification shall be in Form 6.

(7) A certificate of qualification shall be in Form 7 and Form 8.

(8) An application for a duplicate certificate of qualification shall be in Form 9.

(9) The fees payable under this Regulation are those prescribed in the Schedule. R.R.O. 1990, Reg. 904, s. 28.

(10) A fee set out in the Schedule that is expressed as an amount per hour is payable on the basis of each quarter hour or part of a quarter hour that the person charging the fee spends, subject to the minimum set out in the Schedule. O. Reg. 446/96, s. 1.

SCHEDULE

PRESCRIBED FEES

Item

No.

Subject

Fee

$

 

Registration of Plants

 

1.

On the issue of a certificate of registration of a plant, including initial inspection


120.00

2.

On the issue of a certificate of registration of a plant upon a change in classification, including initial inspection



120.00

3.

On the issue of a certificate of registration to a new user of an existing plant


120.00

4.

On the issue of a duplicate of a certificate of registration


120.00

5.

On sealing a part of a plant upon a change in classification


150.00

6.

On resealing a part of a plant upon a change in classification


150.00

 

Certificates of Qualification

 

7.

Initial issue of a certificate of qualification to an operating engineer or operator


100.00

8.

On the reclassification of a certificate of qualification


100.00

9.

On the renewal of a certificate of qualification

60.00

annually

10.

On the issue of a duplicate certificate of qualification or, in the case of a legal change of name, on the re-issue of a certificate of qualification




60.00

11.

On the reinstatement of a certificate of qualification if less than one year has elapsed since the date of expiry



60.00

 

Examinations and Re-examinations

 

12.

On examination or re-examination for a certificate of qualification as an operating engineer or operator



50.00

 

Routine Inspection

 

13.

On a routine inspection of a plant

120.00

per hour,

minimum

charge is

one hour

O.Reg. 351/93, s. 2; O. Reg. 446/96, s. 2.

FORM 1

Operating Engineers Act

APPLICATION FOR REGISTRATION OF A PLANT



R.R.O. 1990, Reg. 904, Form 1.

FORM 2

Operating Engineers Act

CERTIFICATE OF REGISTRATION OF A PLANT


R.R.O. 1990, Reg. 904, Form 2.

FORM 3

Operating Engineers Act

APPLICATION FOR REGISTRATION OF A GUARDED PLANT


R.R.O. 1990, Reg. 904, Form 3.

FORM 4

Operating Engineers Act

CERTIFICATE OF REGISTRATION OF A GUARDED PLANT



R.R.O. 1990, Reg. 904, Form 4.

FORM 5

Operating Engineers Act

NOTICE OF ISOLATION OF A BOILER OR COMPRESSOR


R.R.O. 1990, Reg. 904, Form 5.

FORM 6

Operating Engineers Act

APPLICATION FOR CERTIFICATE OF QUALIFICATION


R.R.O. 1990, Reg. 904, Form 6.

FORM 7

Operating Engineers Act

CERTIFICATE OF QUALIFICATION


R.R.O. 1990, Reg. 904, Form 7.

FORM 8

Operating Engineers Act

CERTIFICATE OF QUALIFICATION


R.R.O. 1990, Reg. 904, Form 8.

FORM 9

Operating Engineers Act

APPLICATION FOR A DUPLICATE CERTIFICATE OF
QUALIFICATION OR FOR AN ENGINEER IN TRAINING


R.R.O. 1990, Reg. 904, Form 9.