The Steam and Pressure Plants Act

The Steam and Pressure Plants Act, C.C.S.M. c. S210 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application of Act PART I INSPECTIONS 3 Inspections 3.1 Exemption of certain pressure vessels 4 Repealed 5 Issue and form of inspection certificate 6 Right of entry 7 Condemnation and order to repair 8 Condemnation where repairs not made 9 Appeal re condemnation or order to repair 10 Report to the minister 11 Inspection 12 Duty to assist inspector 13 Inspection certificates 14 Special inspection 15 Completion of repairs, ceasing use when condemned 16 Explosions 17 Construction of boiler or pressure vessel PART II GENERAL 18 Offence and penalty 19 Regulations 20 Staff 20.1 Delegation by chief inspector 21 Annual report HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "boiler" means a vessel in which steam may be generated or a liquid be put under pressure by heating; (« chaudière ») "boiler horse power" means the rating of a boiler determined by allowing one boiler horse power for each unit in the greater of the following numbers: (a) the number that is the quotient obtained by dividing by 10 the number of the square feet in the area of the heating surface of the boiler, or (b) the number that is the quotient obtained by dividing by 34 1/2 the number of pounds of water from and at a temperature of 212 degrees Fahrenheit or 100 degrees centigrade that the boiler is capable of evaporating in an hour, or (c) the number that is the quotient obtained by dividing the maximum firing rate calculated in British Thermal Units per hour, by 33,500, or (d) where electric power is used as the heat source, the number that is the quotient obtained by dividing the maximum aggregate kilowatt capacity of the heating elements by 10; (« horse-power de chaudière ») "brake horse power" means the aggregate horse power on a shaft from all elements driving it; (« puissance effective ») "chief inspector" means the chief inspector appointed under section 20; (« inspecteur en chef ») "department" means the department of government over which the minister presides and through which this Act is administered; (« ministère ») "inspector" means an inspector appointed under this Act; (« inspecteur ») "installer" means a person who places or installs a boiler or pressure vessel in position for operation and use, or connects a boiler or pressure vessel with other machinery or equipment for operation and use; (« installateur ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre ») "owner" means a person who owns, leases, or manages a plant; (« propriétaire ») "plant" means a steam plant or a pressure plant; (« installation ») "pressure plant" means an installation designed or used for utilizing or confining, under pressure, any liquid or gaseous substances other than steam, and includes the compressor thereof and all appurtenances connected therewith, but does not include (a) those that have a capacity of less than 1 1/2 cubic feet, and (b) those that are operated subject to a pressure less than 15 pounds to the square inch; (« installation de pressurisation ») "pressure vessel" means a vessel designed or used for receiving, confining, or storing, under pressure, any liquid or gaseous substance other than steam, but does not include (a) those that have a capacity of less than 1 1/2 cubic feet, and (b) those that are operated subject to a pressure of less than 15 pounds to the square inch; (« appareil à pression ») "refrigeration plant" means a pressure plant in which refrigerants are vaporized, compressed, and liquefied, in their refrigerating cycle, and includes the complete installation of machinery in connection therewith; (« installation frigorifique ») "steam plant" means an installation designed or used for generating, utilizing, confining, or storing, under pressure, steam or hot water, including the boiler thereof and all appurtenances and appliances connected therewith, but does not include (a) those that develop less than three horse power, (b) those that are used for heating a building designed and constructed as a private residence intended to house not more than one family, and (c) those that are used for heating a building used solely for residential purposes and containing not more than two separate apartments or suites; (« centrale thermique ») "vendor" means a person who offers for sale or sells a boiler or pressure vessel. (« vendeur ») S.M. 2001, c. 43, s. 62 ; S.M. 2018, c. 29, s. 37 . Application of Act 2 This Act does not apply to pressure plants, pressure vessels or steam plants that are subject to inspection under (a) the Canada Shipping Act ; (b) the Explosives Act (Canada); or (c) the Railway Act (Canada). PART I INSPECTIONS Inspections 3(1) The minister shall cause all plants and pressure vessels to be inspected as required by this Act and the regulations; and shall also cause a special inspection to be made of every plant and pressure vessel that is reported to the minister as being unsafe, or which the minister has reason to believe has become unsafe. 3(2) [Repealed] S.M. 2018, c. 29, s. 37 . Regular inspections 3(3) A plant and a pressure vessel are to be inspected at such intervals as may be determined by the chief inspector, which must, as far as practicable, not exceed the intervals prescribed in the regulations. S.M. 1991-92, c. 41, s. 25 ; S.M. 2018, c. 29, s. 37 . Exemption of certain pressure vessels 3.1 Despite section 3, a pressure vessel that is subject to inspection under the Transportation of Dangerous Goods Act, 1992 (Canada) is not subject to inspection under that section. S.M. 1997, c. 6, s. 2 . 4 [Repealed] S.M. 2018, c. 29, s. 37 . Issue of inspection certificates 5(1) Where the condition of a plant or pressure vessel, is found on inspection to be satisfactory to the chief inspector, the chief inspector may issue an inspection certificate to the owner thereof. Form of inspection certificates 5(2) An inspection certificate shall be in a form prescribed in the regulations, and shall be dated, and shall show the maximum pressure subject to which the plant or pressure vessel may be operated and the date upon which the inspection certificate expires, as that date is determined in accordance with the regulations. S.M. 2018, c. 29, s. 37 . Right of entry 6 An inspector and any other person holding a written authority for the purpose signed by the minister, on presentation of their authority, may enter any premises wherein the inspector or person has reason to believe there is a plant, boiler, or pressure vessel and may make such inspection as is necessary to determine whether or not the provisions of this Act are being obeyed. Condemnation 7(1) An inspector shall condemn as unfit for use every plant, boiler, or pressure vessel that in the inspector's opinion is unsafe. Ordering repairs 7(2) An inspector may order repairs and alterations to be made to any plant, boiler, or pressure vessel and may further order the repairs and alterations to be completed within a time fixed by the inspector in the order. Giving of notice of condemnation or order 7(3) Notice of the condemnation or the order requiring repairs or alterations to be made shall be given to the owner; and may be given by delivering the notice or order to the person operating the plant, or pressure vessel, or owning the boiler, or by mailing the notice or order by prepaid registered letter addressed to the owner at the owner's latest address as shown in the records of the department. Receipt of notice 7(4) A notice sent by registered mail shall be deemed to have been received at the time when it would normally be received in the ordinary course of mail. Prohibition of use 7(5) Where a plant, boiler, or pressure vessel is condemned, or where an inspection of a plant, boiler, or pressure vessel is not completed by reason of the default of the owner, the inspector shall prohibit the use thereof and shall affix thereto a written notice stating that the use thereof is prohibited. S.M. 2001, c. 43, s. 62 . Condemnation where repairs not made 8 Where repairs or alterations to a plant, boiler, or pressure vessel are ordered by an inspector and are not immediately completed, an inspector may condemn the plant, boiler, or pressure vessel and shall give notice thereof and affix a notice prohibiting the use of the plant, boiler, or pressure vessel as provided in section 7. Appeal against inspector's order 9 Where an owner is of the opinion that repairs or alterations ordered by an inspector are unnecessary, or that a condemnation is unjustifiable, the owner may appeal in writing to the minister who, upon reviewing the matter, shall decide the dispute and confirm, modify, or set aside, the order and the minister's decision is final. Report to the minister 10 Every inspector shall forthwith make a report to the minister concerning all plants, boilers, and pressure vessels condemned and all repairs or alterations ordered by the inspector. Inspection of sale 11(1) Every vendor shall, before completing the sale of a boiler or pressure vessel, cause it to be inspected by an inspector; and the vendor shall produce to, and leave with, the purchaser an inspection certificate issued by the minister in the year of sale respecting the boiler or pressure vessel. Duty of installer 11(2) Every installer, after installing a boiler or pressure vessel and before it is operated or used, shall cause it to be inspected by an inspector; and the installer shall produce to, and leave with, the owner thereof an inspection certificate issued by the minister respecting the boiler or pressure vessel after the installation thereof. Statement by owner 11(3) Every owner, before operating or using a plant containing a boiler or pressure vessel, shall file with the minister a statement showing (a) the owner's name and address; (b) the name and address of the person from whom the owner purchased or otherwise acquired it; (c) particulars of the type, size, and location of the boiler or pressure vessel; and (d) any other information required by the minister. Statement of vendor 11(4) Every vendor, upon selling a boiler or pressure vessel, shall file with the minister a statement showing (a) the vendor's name and address; (b) the name and address of the person to whom the vendor has sold it; (c) particulars of the type, size, and location of the boiler or pressure vessel; and (d) any other information required by the minister. Inspection after repair or explosion 11(5) Every owner shall cause every plant, boiler, or pressure vessel owned by them that has been repaired or altered or in connection with which an explosion has occurred to be inspected by an inspector before it is again put into use or operation. Owner to allow access for inspection 12(1) Every owner shall allow every inspector free access to the place in which a plant is used or operated, and shall furnish to the inspector any information and assistance required to enable the inspector to carry out their duties, including, without restricting the generality of the foregoing, the furnishing of water and the filling of the boiler therewith, and the removing of the jacket or covering of the boiler or pressure vessel, when directed, for the purpose of making any test. Engineer to assist inspector 12(2) The engineer operating a plant shall assist the inspector in the inspector's examination and shall point out to the inspector any defect of which the engineer knows or which the engineer believes to exist in the plant in their charge. Boiler or pressure vessel not to be used without certificate 13(1) Subject to subsection (2), no owner shall use or permit to be used, and no person shall operate, a plant unless an inspection certificate in respect thereof has been issued by the chief inspector; and the plant shall not be used or operated after the inspection certificate has expired. Where re-inspection not made 13(2) If, before the inspection certificate expires, an inspector has not made a further inspection of the plant the owner may send to the chief inspector by prepaid registered mail a notice stating (a) the date on which the inspection certificate expires; (b) that the plant has not been inspected since the inspection in respect of which the inspection certificate was issued; and (c) that, to the best of the owner's knowledge, the plant is in good and safe operating condition; and thereupon the owner may continue to operate and use the plant. Operation at excessive pressure prohibited 13(3) No person shall operate, or permit the operation of, a plant subject to a pressure higher than that authorized in the subsisting inspection certificate issued in respect thereof. Posting of certificate 13(4) Every owner shall cause the inspection certificates issued in respect of a plant to be posted up, and until it expires to be kept posted up, in a conspicuous place, on the boiler or pressure vessel or on the machinery in connection therewith or in the engine room, or in such other place as the inspector directs. Offence and penalty 13(5) Any person who neglects or omits to comply with, or who disobeys, any provision of this section is guilty of an offence and is liable, on summary conviction, to a fine of $5. for each day or part of a day the default continues. S.M. 2018, c. 29, s. 37 . Special inspection 14 Upon application by an owner for a special inspection or other special service by an inspector or other officer of the department, the minister may arrange for the inspection to be made or the special service to be furnished. S.M. 2001, c. 43, s. 62 . Completion of repairs ordered 15(1) Where an inspector orders repairs or alterations, or both, to be made to a plant, boiler, or pressure vessel, the owner shall cause the repairs or alterations, or both, to be made immediately; and forthwith upon completion thereof the owner shall notify the chief inspector in writing that the repairs or alterations, or both, are completed. Cessation of user on condemnation 15(2) Where an inspector condemns as unfit for use a plant, boiler, or pressure vessel, the owner thereof shall immediately cease using or operating it and shall deliver the inspection certificate issued in respect thereof to the inspector or to the chief inspector, and the owner must not again use or operate the plant, boiler, or pressure vessel until it has been made safe and has been passed for use by an inspector, and a new inspection certificate in respect thereof has been issued. S.M. 2018, c. 29, s. 37 . Report on explosion 16(1) Where an explosion occurs in or in connection with a plant, boiler, or pressure vessel, the owner thereof shall immediately report it to the minister by telephone or telegraph; and the owner shall, within 24 hours after its occurrence, send a report thereon by mail to the minister, stating the exact place at which the explosion occurred, the number of persons, if any, killed or injured thereby, and any other information required by the regulations. Permissible action after explosion 16(2) Upon an explosion taking place no person shall, without permission of an inspector, remove or alter the position of any part of the plant, boiler, or pressure vessel, until after examination by an inspector, except for the purpose of rescuing persons injured thereby or removing bodies. Offence and penalty 16(3) Any person who operates, and any owner who permits the operation of, a plant, boiler, or pressure vessel, contrary to section 15, or the operation of a plant, boiler, or pressure vessel, in which, or in connection with which, an explosion has occurred and which has not thereafter been inspected by an inspector and approved for use and operation by the minister, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50. and not more than $200. Construction of boiler or pressure vessel 17(1) Every person who constructs or makes a boiler or pressure vessel shall construct or make it in accordance with the conditions prescribed in the regulations. Inspection certificate required 17(2) No person shall use, deliver for use, sell, or otherwise dispose of, a boiler or pressure vessel constructed or made by the person until they have obtained an inspection certificate in respect thereof. PART II GENERAL Offence and penalty 18 Every person who (a) constructs or makes a boiler or pressure vessel or delivers it for use, knowing that it is imperfect or that it is not constructed or made in accordance with the conditions prescribed in the regulations; or (b) uses, operates, installs, delivers for use, sells, or otherwise disposes of, a plant, boiler, or pressure vessel contrary to, or without complying with, any provision of this Act; or (c) tampers with or removes any notice or seal placed by an inspector on a plant, boiler, or pressure vessel, or who, being an owner or operator of a plant, boiler, or pressure vessel, wilfully or negligently suffers or permits any tampering with or removal of any such notice or seal; or (d) being an inspector, wilfully or recklessly certifies falsely regarding any plant, boiler, or pressure vessel; or (e) operates a plant as the engineer in charge thereof without having the certificate required by The Power Engineers Act , except in the cases provided for by this Act, or who employs or permits any person to do so; or (f) interferes with or obstructs any inspector or any officer of the department or other person in the exercise of the powers conferred or duties imposed upon the inspector, officer or other person under this Act; or (g) violates any provision of this Act for the punishment of which no other provision is made in this Act, or any regulation made under this Act; is guilty of an offence and is liable, on summary conviction, to a fine of not less than $20. and not more than $100. S.M. 2001, c. 43, s. 62 . Regulations 19(1) For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders, (a) prescribing conditions respecting the design, registration of design, construction, inspection, inspection during construction, identification, testing, installation, service requirements, operation, maintenance, repair, and alteration, of plants, boilers, and pressure vessels, and the piping, fittings, and other equipment, used in connection therewith; (b) governing the classification of plants, boilers, pressure vessels, and of the piping, fittings, and other equipment, used in connection therewith; (b.1) respecting inspection intervals for plants and pressure vessels, which may be different for different classes of plants and pressure vessels; (b.2) respecting the duration of inspection certificates, which may be different for different classes of plants and pressure vessels; (c) specifying the equipment that must be operated or used with a plant, boiler, or pressure vessel; (d) adopting and constituting as regulations with respect to any matter mentioned in clauses (a), (b), and (c), (i) any relevant codes, rules, or standards; or (ii) any such codes, rules or standards with the exception of any specified provisions thereof; or (iii) any specified provisions of any such codes, rules, or standards; or (iv) any amendments to any such codes, rules, or standards, with or without modification; either in place of, or in addition to, any regulation made under clauses (a), (b), and (c), or any of them; (e) respecting the granting in special cases of exemption from the provisions of this Act requiring the taking out of a certificate of inspection; (f) fixing the fees to be paid for inspections and certificates of inspection, and for the doing of any other matter or thing required to be done by any one under this Act or the regulations; (g) fixing of the fees or other remuneration to be paid to any officer for enforcing this Act; (h) prescribing the forms required or to be used in the administration of, or in complying with, this Act; and (i) respecting the licensing, qualifications, and examination, of persons employed in welding boilers and pressure vessels, and pressure piping used in connection therewith. Minister to consider risk 19(2) When making a recommendation to the Lieutenant Governor in Council respecting regulations under clause (1)⁠(b.1), the minister must have regard for the need to ensure that the frequency of inspections reasonably reflects the degree of risk posed by the respective classes of plants and pressure vessels. S.M. 2018, c. 29, s. 37 . Appointment of staff 20 A chief inspector and such other inspectors, officers, and employees as are required for the due administration of this Act may be appointed under Part 3 of The Public Service Act . S.M. 2021, c. 11, s. 65 . Delegation by chief inspector 20.1 The chief inspector may, in writing, delegate to an inspector, officer or employee any of the powers, duties or functions conferred or imposed on the chief inspector by this Act. S.M. 2018, c. 29, s. 37 . Annual report 21 The chief inspector shall, between March 31 and May 16 in each year, prepare a report in writing for the minister relating to the last preceding fiscal year of the government showing (a) the number of inspections made; (b) the number of certificates granted; (c) the number of certificates cancelled, suspended, and renewed; (d) the amount of fees received from inspections and certificates; (e) all accidents and casualties, whether by explosion or otherwise; and (f) such other matters as are required by the minister.