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O. Reg. 251/08: CERTIFICATION OF PETROLEUM MECHANICS

filed July 16, 2008 under Technical Standards and Safety Act, 2000, S.O. 2000, c. 16

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ontario regulation 251/08

made under the

technical standards and safety act, 2000

Made: June 17, 2008
Filed: July 16, 2008
Published on e-Laws: July 17, 2008
Printed in The Ontario Gazette: August 2, 2008

Amending O. Reg. 216/01

(Certification of Petroleum Equipment Mechanics)

1. The title to Ontario Regulation 216/01 is revoked and the following substituted:

 

CERTIFICATION OF PETROLEUM MECHANICS

2. (1) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“direct supervision” means that a supervising certificate holder is on site and available to assist and supervise;

(2) The definition of “mechanic” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“mechanic” means a person who installs, inspects, services, maintains and repairs petroleum equipment.

(3) Section 1 of the Regulation is amended by adding the following subsection:

(3) A reference in this Regulation to “director’s order” is a reference to a safety order under section 14 of the Act, a public safety order under section 31 of the Act or an authorization under clause 36 (3) (a) of the Act.

3. Subsection 3 (1) of the Regulation is amended by striking out “and this Regulation” and substituting “this Regulation and any applicable director’s order”.

4. (1) Paragraphs 1, 2, 3, 4 and 5 of subsection 4 (1) of the Regulation are amended by striking out “equipment” wherever it appears.

(2) Subsection 4 (3) of the Regulation is amended by striking out “his or her” and substituting “the person’s”.

(3) Section 4 of the Regulation is amended by adding the following subsection:

(6) No person shall be issued a certificate referred to in paragraph 1, 2, 3 or 4 of subsection (1) unless the person is the holder of a PMH certificate referred to in paragraph 5 of that subsection.

5. Subsection 8 (2) of the Regulation is revoked and the following substituted: 

(2) The expiry date of a certificate to which a class of certificate has been added does not change.

6. (1) Clause 10 (1) (a) of the Regulation is revoked and the following substituted:

(a) install and remove suction pumps, submersible pumps and related systems in accordance with manufacturer specifications and the code adoption documents referred to in Ontario Regulation 217/01 (Liquid Fuels) made under the Act and Ontario Regulation 213/01 (Fuel Oil) made under the Act;

(2) Clause 10 (1) (c) of the Regulation is amended by striking out “safety”.

(3) Subsection 10 (2) of the Regulation is revoked.

(4) Subsection 10 (3) of the Regulation is amended by adding after “experience” wherever it occurs “and time”. 

(5) Subsection 10 (4) of the Regulation is revoked and the following substituted:

(4) The holder of a PM.1 certificate who fails to meet the conditions for unsupervised work set out in subsection (3) may only service and maintain the relevant type of equipment under the direct supervision of a PM.1 certificate holder who meets those conditions. 

7. (1) Subsection 11 (2) of the Regulation is amended by striking out “aboveground” and substituting “underground”.

(2) Subsection 11 (4) of the Regulation is amended,

(a) by striking out “aboveground” and substituting “underground”; and

(b) by adding after “experience” wherever it occurs “and time”. 

(3) Subsection 11 (5) of the Regulation is revoked and the following substituted:

(5) The holder of a PM.2 certificate who fails to meet the conditions for unsupervised work set out in subsection (4) may only service and maintain the equipment under the direct supervision of a PM.2 certificate holder who meets those conditions.

8. (1) Clauses 12 (1) (a) to (d) of the Regulation are revoked and the following substituted:

(a) install aboveground tanks and engage in component assembly, spill containment, electrical hook-up and pressure testing;

(b) remove aboveground tanks and engage in draining and disconnecting the tank system and in purging tanks;

(c) install aboveground petroleum transfer systems, piping or tubing and equipment related to them, and engage in component assembly, spill containment and vapour recovery;

(d) repair and maintain systems for detecting leaks and monitoring tanks; and

(e) install, remove, repair and maintain bulk handling equipment, including troubleshooting and testing mechanical, hydraulic, electrical and electronic components. 

(2) Subsection 12 (2) of the Regulation is revoked.

(3) Subsection 12 (3) of the Regulation is amended,

(a) by striking out “underground” and substituting “aboveground”; and

(b) by adding after “experience” wherever it occurs “and time”. 

(4) Subsection 12 (4) of the Regulation is revoked and the following substituted:

(4) The holder of a PM.3 certificate who fails to meet the conditions for unsupervised work set out in subsection (3) may only service and maintain the equipment under the direct supervision of a PM.3 certificate holder who meets those conditions.

9. (1) Clause 13 (1) (a) of the Regulation is amended by adding “such” before “aboveground tanks”.

(2) Clause 13 (1) (b) of the Regulation is revoked and the following substituted:

(b) remove such aboveground tanks, including removing them from the site by transport, and engaging in draining and disconnecting the tank system and purging tanks; and

(3) Subsections 13 (2), (3) and (4) of the Regulation are revoked and the following substituted:

(2) The holder of a PM.4 certificate shall not install,

(a) an aboveground tank having a capacity of 5,000 litres or less, except in a location in which it is to remain on a permanent basis; or

(b) piping or tubing to an aboveground tank having a capacity of 5,000 litres or less, except with respect to a direct vent, a direct fill pipe or a direct tank-mounted pipe.

10. Subsection 14 (1) of the Regulation is revoked and the following substituted:

PMH certificate

(1) A person who holds a PMH certificate may, without supervision, replace nozzles, spouts, hoses, breakaways, filters and belts on pumps and dispensers related to petroleum equipment.

11. This Regulation comes into force on August 1, 2008.