Gas and Oil Burner Regulation

Gas and Oil Burner Regulation, M.R. 104/87 R The Gas and Oil Burner Act , C.C.S.M. c. G30 Regulation 104/87 R Registered March 2, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions PART I OIL BURNING DEVICES 2 Board of examiners 3 Procedure of board of examiners on references 4 Procedure for receiving evidence on oath or otherwise 5 Licences 5.1 Person authorized in another Canadian jurisdiction 6-7 Licence to install and service oil burning equipment 8 Delivery or sale of fuel oils 9 Oil burning equipment 10 Permits for installations of oil burners and fuel tanks 11 Recognition of CSA B139 entitled Installation code for oil-burning equipment 11.1 Recognition of amendments and new editions PART II GAS EQUIPMENT 12 Definitions re Part II 12.1 Recognition of code 13-15 Classes and scope of licences 16 Qualifications for licences 17 Repealed 18-22 Administration re licences 23 Limited authorization: power engineers 24 When permit required 25-28 Application requirements for permits 28.1 Notice of permit 29 Compliance to code and standards 30-31 Inspection before gas equipment connected 32-33 Connection of liquid petroleum gas 34 Affixing gas fitter's tag to equipment 35 Approval of chief inspector required before alteration of gas equipment 36 Connecting non-portable gas appliances 37 Converting hot water or steam boiler to gas 38 Converting oil fired equipment to gas firing 39 Fees 40 Information required near gas installation 41-46 Inspections of gas equipment 47 Metal liner requirement Schedule Definitions 1 In this regulation, "approved" , unless the context otherwise requires, means (a) approved by the minister, or (b) approved and listed or labelled under the service of a certification body or inspection body accredited by the Standards Council of Canada; (« approuvé ») "board" means a board of examiners appointed under the Act; (« comité ») "chief inspector" means an employee of the department designated by the minister as the chief inspector for the purposes of this regulation; (« inspecteur en chef ») "CSA" means the Canadian Standards Association; (« CSA ») "CSA B139" means CSA B139-19, Installation code for oil-burning equipment , published by the CSA, as amended or replaced from time to time; (« CSA B139 ») "department" means the Department of Labour, Consumer Protection and Government Services; (« ministère ») "flammable liquid" means a petroleum product used as a fuel oil; (« liquide inflammable ») "fuel oil" means a flammable liquid having a flashpoint that meets the requirements of CSA B139; (« combustible liquide ») "furnace" means an apparatus used for heating one or more buildings or part of a building by means of hot air, hot water, or steam; (« chaudière ») "inspector" means an inspector of the department and includes a utility gas inspector, as defined in section 12, in respect of inspections of gas equipment; (« inspecteur ») "oil burner" means an appliance, fixture, or thing designed for burning flammable liquids which, for the purpose of generating heat, have flashpoints that meet the requirements of CSA B139; (« brûleur à mazout ») "storage tank" means any tank used for the storage of fuel oil and having a capacity in excess of six gallons. (« réservoir de stockage ») M.R. 34/99; 94/2018 ; 102/2022 PART I OIL BURNING DEVICES Board of examiners 2(1) A board of examiners appointed under section 4 of the Act may review applications for licences for which provision is made in the Act or this regulation, and may discharge such other duties as the minister may from time to time determine. 2(2) A board shall consist of three members, of whom one shall be representative of the employer viewpoint, one shall be representative of the employee viewpoint, and a third member, who shall be the chairperson of the board, and who shall be an officer of the department. 2(3) Of the members of a board first appointed, one shall hold office for three years, one for two years and one for one year, as may be prescribed in the order in council appointing them, and thereafter each member shall hold office for three years, one member retiring each year. 2(4) A board, subject to the approval of the minister, may (a) set the examination which candidates must pass to qualify for a licence to install and service oil burning equipment; (b) examine and rule as to whether applications for examination shall be approved so that applicants may sit for examination; and (c) appoint an officer of the department or some other person to conduct and preside at examinations. 2(5) A board shall, upon reference by the chief inspector pursuant to subsection 7(2) or (3) or otherwise under this regulation, or by the minister, conduct hearings relating to matters involving the cancellation or revocation of any licence under the Act or the non-renewal thereof. M.R. 590/88; 16/90 Procedure of board of examiners on references 3(1) When any matter is, as provided herein, referred to a board, the board shall fix a place and a date at which the matter will be considered by it, and shall notify the applicant or the licence-holder, as the case may be, as well as all others concerned, and shall also notify the Deputy Minister of Labour, Consumer Protection and Government Services. 3(2) The board may receive and accept such evidence and information on oath, affidavit, or otherwise, as in its discretion it may deem fit and proper, whether or not admissible in evidence in a court of law. 3(3) The board shall in every case give an opportunity to all interested parties to be heard, to present evidence, and to make representations. M.R. 102/2022 Procedure for receiving evidence on oath or otherwise 4(1) For the purpose of informing the minister, the Deputy Minister of Labour, Consumer Protection and Government Services or anyone appointed by the Deputy Minister to represent the Deputy at a hearing held as provided in section 3, may examine or cross-examine witnesses. 4(2) Following the hearing, the board shall make its report in writing to the minister and, if the report is adverse to the applicant or licensee, as the case may be, a copy of the report shall be furnished to the applicant or licensee, by prepaid registered mail, addressed to the applicant or licensee at the address last furnished by the applicant or licensee to the department. 4(3) The applicant or licensee may make written representation to the minister relative to the report and recommendations of the board within seven days after the report is received by the applicant or licensee, and thereafter the minister shall make a decision, which is final and not subject to further appeal. M.R. 102/2022 Licences 5 The minister, in the minister's absolute discretion, may issue the licences to which reference is made in this regulation and renewals thereof. M.R. 191/93 Person authorized in another Canadian jurisdiction 5.1(1) Despite any other provision of this regulation, a person is entitled to a licence referred to in the Act or in this regulation if the person (a) submits a completed application form; (b) pays the applicable fees according to the Table of Fees set out in the Schedule; (c) holds a certificate, registration, licence or other form of official recognition issued by a regulatory authority in another Canadian jurisdiction that, in the minister's opinion, authorizes the person to install and service substantially the same oil burning equipment or gas burning equipment, or both, as the holder of that type of licence issued under the Act or this regulation is authorized to install or service; and (d) provides evidence satisfactory to the minister that the person who holds the certificate, registration, licence or other form of official recognition referred to in clause (c) is in good standing with the issuing regulatory authority. 5.1(2) In this section, "regulatory authority in another Canadian jurisdiction" means a person or other body, whether or not a governmental entity, that has been granted authority under an Act of another Canadian jurisdiction to authorize persons to install and service oil burning equipment or gas burning equipment, or both. M.R. 226/2009 Licence to install and service oil burning equipment 6(1) Subject to subsection (5), no person shall install or service oil burning equipment unless that person has first passed the examination prescribed by a board, and is the holder of a subsisting licence that has been issued by the minister and is in a form set by the minister. 6(2) A person may apply for a licence to be issued under this regulation if that person has (a) two years' experience in the installation and servicing of oil burners and equipment under the direct personal supervision of a licensed installer; or (b) completed an apprenticeship in a related trade and has had six months' continuous experience in the installation and servicing of oil burners and equipment under the direct personal supervision of a licensed installer. 6(3) Where the holder of a licence authorizing the installation and servicing of oil burning equipment fails to obtain, for two consecutive calendar years, a renewal thereof, the minister, in the minister's discretion, may require the holder to pass another examination before issuing a new licence. 6(4) [Repealed] M.R. 191/93 6(5) Where the chief inspector is satisfied that a person has a specialized knowledge of a class of oil burning equipment, the minister may, without requiring the person to pass an examination set by a board, issue a licence authorizing the person to install, service or repair the class of oil burning equipment, as specified in the licence. M.R. 16/90; 191/93; 146/2019 7(1) Where an applicant for any licence for which provision is made in the Act or this regulation does not, in the opinion of the chief inspector, establish adequate qualifications for the issue of a licence, the chief inspector shall notify the applicant of the chief inspector's opinion, and the applicant has seven days within which to furnish additional proof of qualification. 7(2) Where a question arises as to the advisability or propriety of issuing a licence to an applicant, for reasons other than a lack of technical qualification, the chief inspector shall notify the applicant and shall refer the matter to a board. 7(3) Where a question arises as to whether an existing licence should be suspended or revoked, or its renewal denied, the chief inspector shall notify the applicant and shall refer the matter to a board. M.R. 16/90 Delivery or sale of fuel oils 8 No person shall sell or deliver fuel oil for use within the province in a fuel oil burner used for heating purposes unless the fuel oil meets the requirements for the supply of fuel oil set forth in CSA B139. M.R. 34/99; 94/2018 ; 102/2022 Oil burning equipment 9(1) No person shall, within the province by himself or herself, or by a clerk, servant, employee, or agent sell or offer for sale, or deliver or install in any premises, oil burning equipment that is not approved. 9(2) The minister may prohibit the use, for heating purposes within the province by any person, of oil burning equipment that the minister decides is unsafe. 9(3) Where the chief inspector is of the opinion that any oil burning equipment is unsafe for use, the chief inspector shall give notice to the owner thereof, and where the equipment has been installed in or upon any property, the chief inspector shall also notify the occupier of the property of the chief inspector's opinion, and shall give reasons therefor. 9(4) No equipment in respect of which the chief inspector has given notice under subsection (3) shall be put into use, or continued in use, thereafter until the equipment has been approved by the minister. 9(5) Upon receiving a notice under subsection (3), the person receiving the notice, or any other person affected thereby, may, within 10 days, appeal to the minister for a review, and the minister may refer the matter to a board. 9(6) When the minister receives the recommendations of the board, the minister shall make a decision which is final and not subject to review. Permits for installations of oil burners and fuel tanks 10(1) No person shall (a) install an oil burner or fuel oil tank; or (b) make any alteration of, or addition to, an oil burner; without first applying for a permit from the minister to make the installation, alteration, or addition, except that normal servicing and maintenance of an installed oil burner does not constitute the making of an alteration or addition thereto, for the purpose of this subsection. 10(2) Every application for a permit as required under subsection (1) shall be in writing, on forms supplied by the minister, and shall include, with reference to the proposed installation, alteration, or addition, (a) particulars of (i) the location of the premises, and (ii) the location and capacity of the oil burner or tank; and (b) a complete description of the oil burner or tank, including the name of the manufacturer, model and details of listing or labelling, and showing that the oil burner or part thereof is approved. 10(3) In addition to the information required under subsection (2), and except in residential installations, the applicant shall, if requested by the chief inspector, submit such drawings and specifications with respect to the proposed installation in the building and premises as will provide the chief inspector with complete details of the extent and character of the proposed work. 10(4) No permit for the installation or alteration of, or addition to, an oil burner shall be issued unless the chief inspector is satisfied that all matters in the application, and in drawings and specifications, if required, are in accordance with this regulation. 10(5) The chief inspector shall notify, in writing, the person who installed, altered, or added to, the oil burner, and the owner thereof, of any defects found upon inspection, and shall state in the notice the period of time within which those defects shall be corrected, and the person who installed, altered, or added to, the oil burner, shall forthwith remedy the defects and notify the chief inspector that this has been done. 10(6) Where, during an inspection, the inspector finds an installation or alteration of, or addition to, an oil burner, that is not in accordance with this regulation, the inspector may order the owner of the building or premises in which the oil burner is installed to not commence operation of the burner, or to discontinue operation, until the installation or alteration of, or addition to, the oil burner is made to conform to this regulation. 10(7) No fuel tank shall be installed until it and the location in which it is to be placed, have been approved by the chief inspector. 10(8) Where strict compliance with the requirements of this regulation with respect to the manner of installation is not practicable, the chief inspector, upon application therefor in writing, may, in writing, give permission for such deviation as may be necessary without reducing the standard of safety below that provided in this regulation, but no deviation shall be made until that written permission has been secured. Recognition of CSA B139 entitled Installation code for oil-burning equipment 11(1) The standards set forth in CSA B139, are adopted as minimum standards for the installation or alteration of, and for adding to, oil burners, and compliance with the standards set forth in that code constitutes fulfillment of the requirements of this regulation, except that the chief inspector may, in any specific case, require additional equipment to be installed or additional precautions to be taken if, in the chief inspector's opinion, such additional requirements are necessary to ensure safety in the operation of the oil burner. 11(2) Where the chief inspector is of the opinion that additional equipment or additional precautions are necessary to ensure safety in the operation of an oil burner, the chief inspector shall proceed as prescribed in subsection 9(3). M.R. 34/99; 94/2018 ; 102/2022 Recognition of amendments and new editions 11.1(1) The adoption of CSA B139 under subsection 11(1) is deemed to be an adoption of any prior or subsequent amendment to that edition of the code made by the CSA. 11.1(2) If the CSA publishes a new edition of the code, the new edition is deemed to have been adopted one year after the day it was first published. 11.1(3) On or before the date the new edition is adopted under subsection (2), the minister must publish a notice of the adoption on a government website and distribute and publish it in any other manner that the minister considers advisable. M.R. 102/2022 PART II GAS EQUIPMENT 12(1) In this Part, "code" means the following standards published by the CSA, as amended or replaced from time to time: (a) CSA B149.1-20, Natural gas and propane installation code , (b) CSA B149.2-20, Propane storage and handling code , (c) CSA B149.3-20, Code for the field approval of fuel-burning appliances and equipment ; (« code ») "gas equipment" means a designated article that is, or forms part of, a gas heating system or a gas cooking system, and includes any part of such a designated article, but does not include any part of the system leading from the pipeline of a gas utility to the point on the system where the meter of the gas utility is connected, and does not include the meter; (« appareil à gaz ») "gas fitting" means the work involved in the installation, repair, alteration, or removal of any gas equipment; (« installation du gaz ») "gas utility" means a person, firm, or corporation the operations of whom or of which include the distribution of gas to the consumer, and who or which operates under an authorization granted by The Public Utilities Board; (« service public de distribution de gaz ») "liquid petroleum gas" means a petroleum substance that is stored under pressure in liquid form, but when released from the storage container for use in a designated article is in gaseous form; (« gaz de pétrole liquéfié ») "owner" includes a person who leases, occupies, or manages, any building or plant; (« propriétaire ») "utility gas inspector" means an employee of a gas utility who (a) holds a utility gas fitter's licence, and (b) has been authorized under 7(1)⁠(b) of The Labour Administration Act to carry out inspections of gas equipment connected to the works of the gas utility. (« inspecteur de service public de distribution de gaz ») 12(2) and (3) [Repealed] M.R. 102/2022 M.R. 590/88; 34/99; 94/2018 ; 102/2022 Recognition of code 12.1(1) The code is adopted by reference. 12.1(2) The adoption of the code is deemed to be an adoption of any prior or subsequent amendment to that edition of the code made by the CSA. 12.1(3) If the CSA publishes a new edition of the code, the new edition is deemed to have been adopted one year after the day it was first published. 12.1(4) On or before the date the new edition is adopted under subsection (3), the minister must publish a notice of the adoption on a government website and distribute and publish it in any other manner that the minister considers advisable. M.R. 102/2022 Classes and scope of licences 13 There are the following five classes of licences for gas fitters, namely: (a) commercial and industrial gas fitter's licence; (b) domestic gas fitter's licence; (c) liquid petroleum gas fitter's licence; (d) utility gas fitter's licence; and (e) special gas fitter's licence. 14 No person shall weld or make a welded connection to any gas equipment unless the person holds a subsisting welder's certificate issued under The Steam and Pressure Plants Act , and each weld made by the person shall be stamped with the number issued to the person by the minister. 15(1) A person holding a commercial and industrial gas fitter's licence may install any gas equipment. 15(2) A person holding a domestic gas fitter's licence may install any gas equipment where the input to any single installation does not exceed 400,000 British Thermal Units per hour. 15(3) A person holding a liquid petroleum gas fitter's licence may install any gas equipment utilizing liquefied petroleum gas as a fuel, where the input to any single installation does not exceed 125,000 British Thermal Units per hour. 15(4) A person holding a utility gas fitter's licence may, in the course of employment with a gas utility, install gas equipment, where the input to any single installation does not exceed 400,000 British Thermal Units per hour, and may inspect, service, or repair any gas equipment. 15(5) A person holding a special gas fitter's licence may install, service, or repair, as specified on the person's licence, gas equipment of the types specified on the person's licence. M.R. 146/2019 Qualifications for licences 16(1) To obtain one of the five classes of licences set out in section 13, a person must (a) submit a completed application form; (b) pay the applicable fees according to the Table of Fees set out in the Schedule; and (c) meet the qualifications for the applicable class of licence, as set out in subsection (2). 16(2) A person is qualified to be issued (a) a commercial and industrial gas fitter's licence if he or she holds a certificate of qualification in the designated trade of gas fitter, as designated in the Trade of Gasfitter Regulation , Manitoba Regulation 37/2011; (b) a domestic gas fitter's licence if he or she holds a certificate of qualification in the designated subcomponent trade of domestic gasfitter, as designated in the Trade of Gasfitter Regulation , Manitoba Regulation 37/2011; (c) a liquefied petroleum gas fitter's licence if he or she (i) has passed the examination prescribed by a board, (ii) has at least one year of related work experience acceptable to the board, and (iii) has completed a course of study specifically pertaining to liquefied petroleum installation that is acceptable to the board; (d) a utility gas fitter's licence if he or she (i) has passed the examination set by a board, and (ii) has (A) at least two years of related work experience working under the direct supervision of a person who holds a utility gas fitter's licence, or (B) a valid commercial and industrial gas fitter's licence or a domestic gas fitter's licence; or (e) a special gas fitter's licence if he or she has, to the satisfaction of the chief inspector, specialized knowledge of the particular type of gas equipment that the licence allows the person to install, service, or repair. M.R. 99/2016 ; 146/2019 Temporary eligibility re qualifications 16.1(1) Despite not meeting the requirements of section 16, a person may be issued (a) a commercial and industrial gas fitter's licence, if the person, before July 1, 2017, (i) submits a completed application form, (ii) pays the applicable fees according to the Table of Fees set out in the Schedule, and (iii) demonstrates that he or she meets the qualifications set out in subsection (2); or (b) a domestic gas fitter's licence, if the person, before January 1, 2017, (i) submits a completed application form, (ii) pays the applicable fees according to the Table of Fees set out in the Schedule, and (iii) demonstrates that he or she meets the qualifications set out in subsection (3). 16.1(2) Under this section, the qualifications for a commercial and industrial gas fitter's licence are (a) having passed the examination prescribed by a board; (b) having at least two years of practical experience under the direct supervision of a person who holds a valid commercial and industrial gas fitter's licence; and (c) holding a valid domestic gas fitter's licence, or a certificate of qualification in respect of one of the following designated trades: (i) plumber, as designated in the Trade of Plumber Regulation , Manitoba Regulation 2/2009, (ii) steamfitter-pipefitter, as designated in the Trade of Steamfitter-Pipefitter Regulation , Manitoba Regulation 1/2009, (iii) refrigeration and air conditioning mechanic, as designated in the Trade of Refrigeration and Air-Conditioning Mechanic Regulation , Manitoba Regulation 70/2012. 16.1(3) Under this section, the qualifications for a domestic gas fitter's licence are (a) having passed the examination prescribed by a board; and (b) having (i) completed a course of study acceptable to a board and having at least (A) two years of practical experience as a steamfitter or in related work acceptable to the board, or (B) one year of practical experience under the direct supervision of a person holding a gas fitter's licence, or (ii) held for at least two years a licence authorizing the person to install and service oil burning equipment, and having experience in assisting in the installation, starting-up and servicing of gas equipment that is acceptable to a board. M.R. 99/2016 17 [Repealed] M.R. 102/2022 Examinations for licences 18 Every person desiring to take an examination for a licence shall apply in writing to the department, on a form supplied by the minister, and shall pay the prescribed fee. M.R. 94/2018 19 An applicant who fails to pass an examination may not reapply to write another examination within 60 days after writing the previous examination. 20 A licence is valid for the period shown thereon, and shall show on the face thereof the date of expiry. 21 Where a licensee fails to renew a licence for a period of three or more years, the licensee may be required to pass a new examination before a licence is issued. 22(1) Subject to subsection (3), where the chief inspector is satisfied that a licensee has failed (a) to conform to the provisions of the Act or the regulations; (b) to comply with the requirements of approved and applicable codes or rules, subject to any changes therein, deletions therefrom, or additions thereto, made by the minister; (c) to rectify defective installations of gas burning equipment pursuant to written notification issued by an inspector; or (d) to pay any fee properly chargeable under the regulations; the chief inspector may (e) suspend the licence; or (f) recommend to the minister that the licence be cancelled. 22(2) Where a licence is suspended as provided in clause 1(e), the suspension expires after 30 days have elapsed, unless the minister, before the end of that period, confirms the suspension or cancels the licence. 22(3) The licensee may, at any time, appeal to the minister against the suspension of a licence by the chief inspector, or a recommendation by the chief inspector that a licence be cancelled. 22(4) Where the minister receives an appeal under subsection (3), the minister may confirm the suspension or cancel the licence, or, in the minister's absolute discretion, vary the chief inspector's suspension of the licence, or the chief inspector's recommendation for its cancellation. 22(5) Where the chief inspector is satisfied that the cause giving rise to the suspension of a licence no longer exists, the chief inspector may recommend to the minister reinstatement of the licence, and the minister may, in the minister's absolute discretion, reinstate the licence. 22(6) A licence that has been suspended for an unstated period or cancelled may be reinstated by the minister. 22(7) A licence suspended for a stated period has full force and effect when the stated period of suspension has expired. 23 A person who holds a subsisting third class certificate, or a certificate of a higher grade, issued under The Power Engineers Act , may make necessary running repairs to gas burning equipment in the plant wherein the person is employed, but not elsewhere. 24 A person must not install, alter or make an addition to gas equipment unless the chief inspector has issued a permit authorizing the installation, alteration or addition. M.R. 94/2018 25 Every application for a permit shall be in a form or manner acceptable to the chief inspector and shall include the following: (a) the location of the premises; (b) the location of the gas equipment; and (c) a complete description of the equipment, including the name of the manufacturer, model, and details of listing or labelling, and showing that the gas equipment, or part thereof, is approved. M.R. 34/99 26 Unless other arrangements for payment are made with the chief inspector, every person shall, at the time of submitting an application for a permit, pay the applicable fees according to the Table of Fees set out in the Schedule. M.R. 34/99 27 Where the total input of gas equipment exceeds 400,000 British Thermal Units per hour, an applicant for a permit shall also submit such drawings and specifications in respect to the proposed installation as the chief inspector may require. 28 The chief inspector shall not issue a permit until the chief inspector is satisfied that all matters in the application, and in drawings and specifications, if required, are in accordance with the Act and the regulations. 28.1 The chief inspector must give notice to the applicable gas utility when the chief inspector issues a permit for the installation, alteration or addition to gas equipment that is to be connected to the gas supply. M.R. 94/2018 29(1) The standards set out in a code are adopted as minimum standards. 29(2) Notwithstanding subsection (1), the chief inspector may require that work shall be done in conformity with higher standards than those specified in the regulations if, in the chief inspector's opinion, the higher standards are necessary in the interests of safety. M.R. 34/99 30(1) When a change is made to gas equipment that is connected to the works of a gas utility, a person must not use the equipment until it has been inspected by an inspector and its use has been approved by the utility. 30(2) A gas utility must not approve a change made to gas equipment unless the utility is satisfied that (a) the chief inspector issued a permit for the change, as required under section 24; and (b) the change has been inspected by an inspector. 30(3) In this section, a change is made to gas equipment when new gas equipment is installed or an alteration or addition is made to existing gas equipment. M.R. 34/99; 94/2018 30.1(1) Despite sections 24 and 30, a gas-fired residential appliance may be installed as a replacement for a similar appliance and used before a permit or approval is obtained if (a) the replacement appliance is installed by a licenced gas fitter; and (b) the licenced gas fitter (i) ensures that the appliance is installed and operating in a safe manner, and (ii) applies for a permit in accordance with sections 25 to 27 as soon as is reasonably practicable after making the installation. 30.1(2) A gas utility that is given notice that the chief inspector has issued a permit for an installation done under subsection (1) must ensure that the installation is inspected by an inspector within 60 days of the permit being issued. M.R. 94/2018 31 For an inspection carried out by a gas utility inspector, the applicable gas utility must, on request of the chief inspector, report the following to the chief inspector in a time and form or manner acceptable to the chief inspector: (a) the street address of the premises where the installation is made; (b) the licence number of the gas fitter who made the installation; (c) the number of the permit issued in respect of the particular installation; (d) whether the gas fitter's tag was attached to the gas equipment, as required under section 34; (e) whether all appliances in the installation carry the necessary seal of approval; (f) whether the installation was checked for leaks with a test dial on the meter; and (g) that the installation complies with the requirements of the regulations and of the code. M.R. 34/99; 94/2018 32 No person shall connect a vessel containing liquid petroleum gas to new gas equipment being initially installed unless (a) an application for a permit is made under section 24, and (i) if the gas equipment is not approved, or (ii) if the hourly input of the gas equipment exceeds 60,000 British Thermal Units, the application is approved by the chief inspector and a permit issued to the person; and (b) a person holding a subsisting licence issued under the Act makes a complete inspection of the installation and verifies that it complies with the requirements of the regulations and of the code. 33 Where a person supplies liquid petroleum gas to a new installation, that person shall, within seven days from the time the supply of liquid petroleum gas is made, report to the chief inspector, in a form or manner acceptable to the chief inspector, showing (a) the street address of the premises where the installation is made; (b) the licence number of the gas fitter who made the installation; (c) the serial number of the permit issued in respect of the particular installation; (d) whether the gas fitter's tag was attached to the gas equipment as required under section 34; (e) whether all appliances in the installation carry the required seal of approval; (f) the name of the licensed person who inspected the installation; and (g) that the installation complies with the requirements of the regulations and of the code. M.R. 34/99 34 Where a gas fitter installs gas equipment, the gas fitter shall affix to the principal part of the equipment a tag bearing the number assigned to the gas fitter by the minister. 35 No person shall make any alteration to approved gas equipment unless that person first obtains the approval of the chief inspector. 36 Where non-portable gas appliances are installed, the connection from rigidly-installed building piping to the appliance manifold shall be made with an acceptable swing joint or approved flexible connector not more than 24 inches long, and the connection shall be made in a manner acceptable to the chief inspector. M.R. 94/2018 37 Where a hot water or steam boiler that has been fired by another fuel is converted to gas, the gas fitter shall ensure that the boiler is properly equipped with one or more approved-type safety relief valves installed directly on the boiler and having a discharge capacity of at least 80% of the actual firing rate of the gas burner, and set at a pressure not to exceed the allowable working pressure of the boiler. 38 Where oil fired equipment is converted to gas firing and the oil storage tank is removed, the gas fitter who makes the installation shall also remove the fill and vent pipes. 39 The fees payable for permits to install, alter, or make additions to, gas equipment are those shown in the Schedule. 40 Where a gas fitter has made an installation of gas equipment, the gas fitter shall post in a visible location, the gas fitter's name, address, and telephone number, and the instructions of the manufacturer of the gas equipment for its operation. 41 The chief inspector is responsible for ensuring that gas equipment is inspected. M.R. 94/2018 42(1) An inspector may, during reasonable hours, enter premises for the purpose of inspecting gas equipment. 42(2) An inspector who finds that gas equipment does not comply with the regulations or that gas equipment has been installed or altered in a manner not in accordance with the regulations may issue an order to the owner of the building or premises in which the equipment is installed. 42(3) An order must be in writing and must (a) name the person to whom the order is directed; (b) state the reasons for the order; (c) specify the action to be taken, stopped or modified, which may include specifying that the gas equipment not be ignited, be closed down or be disconnected from a gas source; (d) state the time within which the order must be complied with; (e) state that the person who receives the order may, in writing, request a review by the chief inspector under section 44; and (f) be dated the day the order is made. 42(4) If the delay necessary to put the order in writing is likely to significantly increase the safety risk, the inspector may give the order orally. But the order must be confirmed in writing within 72 hours. 42(5) An order is effective immediately. M.R. 94/2018 43(1) A person who is given an order under section 42 must comply with it within the time specified in the order. 43(2) Gas equipment that has been closed down or disconnected must not be started or reconnected again except as provided for in the order or with written permission of an inspector. M.R. 94/2018 44(1) A person to whom an inspector's order is directed may request the chief inspector to review it. 44(2) A request for review must take the form of a written response to the order, setting out the reasons why the chief inspector should vary or rescind the order. It may also contain a request that the chief inspector suspend all or part of the order under review pending a decision under subsection (5). 44(3) The written response must be served on the chief inspector no later than 14 days after the person is given the order under subsection 42(3). 44(4) On request, the chief inspector may suspend the operation of all or any part of the order under review if, after considering the safety risk, it is appropriate to do so. 44(5) Upon receiving a written response, the chief inspector must consider the inspector's order and the written response and may (a) confirm, vary or rescind the order; or (b) allow additional time for the person to comply with it and may attach conditions to that compliance. 44(6) Upon making a decision under subsection (5), the chief inspector must give the person who requested the review notice of the decision, with written reasons. M.R. 94/2018 45 [Repealed] M.R. 94/2018 46 A decision of the chief inspector made under section 44 may be appealed to the minister, and the minister, in the minister's absolute discretion, may confirm or vary the decision, and the decision of the minister is final. M.R. 94/2018 Metal liner requirement 47(1) The owner of a building in which a day care facility is operated or of a residential building, other than a one- or two-family dwelling unit, heated by gas burning equipment vented through a masonry chimney, shall not operate or allow persons to operate the gas burning equipment unless (a) the chimney is equipped with a metal liner that conforms with CAN/ULC-S635-M90, Standard for Lining Systems for Existing Masonry or Factory-Built Chimneys and Vents ; or (b) the owner ensures that the requirements of subsections (2) to (5) are met. 47(2) Gas burning equipment referred to in subsection (1) may be operated if the chimney is inspected annually by a chimney sweep certified by the Canadian Wood Energy Institute and the following conditions are met: (a) the chimney is equipped with a clean-out; (b) the owner ensures that the chimney sweep removes all debris from the chimney; (c) where the chimney sweep informs the owner that he or she has reason to believe that any debris removed from the chimney is a result of chimney deterioration, the owner shall ensure that the chimney is swept and a scan by video camera is conducted to determine the condition of the chimney; and (d) where, in the opinion of the chimney sweep, the scan reveals deterioration of the chimney, the owner shall immediately take steps to repair or replace the chimney or equip the chimney with a metal liner that conforms with the requirements of subsection (1). 47(3) An owner shall ensure that a log book is provided for a masonry chimney inspected under subsection (2) and a record of all inspections, maintenance and repairs is entered by the person carrying out the inspection, maintenance or repair. 47(4) An owner shall make a log book referred to in subsection (3) available to an inspector upon request. 47(5) Where there is a dispute between an owner and a chimney sweep as to the condition of a chimney inspected under subsection (2), the matter shall be referred to the chief inspector for determination and where the chief inspector is of the opinion that the chimney is not in satisfactory condition, the chief inspector shall give notice to the owner of any defects and the period of time within which the owner must correct the defects. M.R. 142/92 SCHEDULE PART 1 PAYMENT OF FEES Fees are payable at time of application 1 Unless other arrangements for payment are made with the chief inspector, the fees referred to in this Schedule are payable at the time an application is made. M.R. 191/93; 34/99 PART 2 PERMIT FEES Installation of gas burning equipment in dwelling 2 The permit fee for the installation of gas burning equipment in a single family dwelling is $60. M.R. 191/93; 139/98; 67/2002 ; 92/2012 Installing gas burning equipment in commercial or industrial building 3 The permit fee for the installation of gas burning equipment in a commercial or industrial building is $60 plus a charge based on the capacity of the gas burning equipment, as follows: (a) not exceeding 80,000 British Thermal Units per hour input: $15; (b) more than 80,000 but not more than 400,000 British Thermal Units per hour input: $50; (c) more than 400,000 but not more than 3,000,000 British Thermal Units per hour input: $140; (d) more than 3,000,000 but not more than 10,000,000 British Thermal Units per hour input: $180; and (e) for each 3,000,000 British Thermal Units per hour input capacity or portion thereof more than 10,000,000 British Thermal Units per hour input: $50. M.R. 191/93; 139/98; 67/2002 ; 92/2012 Permit fees respecting oil burning equipment 4 The permit fee for installing, altering or making an addition to oil burning equipment is based on the firing capacity of the oil burner, as follows: (a) for a firing capacity of three gallons or less per hour: $60; (b) for a firing capacity of over three gallons per hour: $180. M.R. 191/93; 139/98; 67/2002 ; 92/2012 Installing oil piping and fittings in commercial or industrial building 5 The permit fee payable for the installation of only gas or oil piping and fittings in a commercial or industrial building is $140. M.R. 191/93; 139/98; 67/2002 ; 92/2012 PART 3 SPECIAL APPROVAL FEES Ministerial approval of gas burning or oil burning equipment 6 The fee for an application to the minister for his or her approval of gas burning or oil burning equipment that is not otherwise approved is $1,053. M.R. 191/93; 139/98; 67/2002 ; 226/2009 ; 129/2013 ; 91/2018 Special acceptance label for identical item 7 Where a special acceptance label is issued pursuant to an inspection and approval under section 6 of an item of gas burning or oil burning equipment, the fee for each special acceptance label issued for an identical item that is inspected at the same time is $70. M.R. 191/93; 139/98; 67/2002 ; 226/2009 ; 129/2013 Inspections requested or reinspection required 8 In respect of inspections carried out by an inspector of the department, when an inspection is requested or where an additional inspection is required because material or work was found on a previous inspection to be unacceptable, the fee for the inspection is $90 per hour or fraction of an hour plus the travelling expenses of the inspector. M.R. 191/93; 226/2009 ; 94/2018 PART 4 EXAMINATION AND LICENCE FEES Examination for oil burner installer or gas fitter licence 9 The fee for an examination for a licence to install or service oil burning equipment or for any class of a gas fitter's licence is $60. M.R. 191/93; 190/97; 105/2005 ; 229/2009 Licence for oil burner installer or gas fitter 10 Subject to section 11, the fee payable for an oil burner installer's licence or gas fitter's licence, valid for a period of up to four years, is $160. M.R. 191/93; 190/97; 105/2005 ; 92/2012 Fee for new licence is based on period of validity 11 Where a licence to install oil burning equipment or gas burning equipment is issued, the fee is based on the period of time for which the licence is valid, as follows: (a) one year or less: Fee for copy of lost, destroyed or defaced licence 12 Where a licence referred to in section 10 or 11 has been lost, destroyed or defaced, the fee for a copy of the licence is $15. M.R. 191/93; 92/2012 Minister may order forfeiture of examination fee 13 Where an applicant for a licence fails to appear for an examination at a time and place prescribed by the minister, the minister may order that any fee paid in respect of the examination be forfeited. M.R. 191/93