b-1.1, r. 3 - Safety Code

À jour au 11 février 2013

Ce document a valeur officielle.

chapter B-1.1, r. 3

Safety Code

Building Act

(chapter B-1.1, ss. 175, 176, 176.1, 178, 179 and 185, 1st par., subpars. 37 and 38).

The fees prescribed in the Regulation have been indexed as of 1 January 2013 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 8 December 2012, pages 1426 to 1429. (ss. 77. 86, 87, 95, 96, 97, 106, 130, 330).

CHAPTER I PLUMBING

1. In this Chapter, the terms “fixture”, “back-siphonage preventer or vacuum breaker”, “backflow preventer”, “plumbing system”, “cleanout”, “water system” and “trap” have the meaning given to them by the National Plumbing Code of Canada 1995 as defined by section 3.01 of Chapter III of the Construction Code (chapter B-1.1, r. 2) made pursuant to the Building Act (chapter B-1.1) and, where applicable, amended by section 3.03 of that Chapter.

O.C. 964-2002, s. 1.

2. A plumbing system located in a building or in a facility intended for public use shall be kept in safe, sanitary and proper working condition.

O.C. 964-2002, s. 2.

3. A fixture that is not used for an indefinite period or whose trap seal depth in the trap cannot be maintained shall be disconnected from its waste and feed pipes which shall be tightly sealed.

O.C. 964-2002, s. 3.

4. Accessibility to any valve, vacuum relief valve, back-siphonage preventer or vacuum breaker, backflow preventer, expansion joint, floor drain, sump, interceptor, flush valve or flush tank, water heater, hot water tank or cleanout shall be maintained. Should a construction or permanent obstacle be installed, a trapdoor shall allow access for maintenance or repair of that device. This also applies to the supply or waste connections of a lavatory, sink or laundry tray.

O.C. 964-2002, s. 4.

5. All parts of a non-potable water system shall remain distinctively marked.

O.C. 964-2002, s. 5.

6. No connection may be made between a public supply system of potable water and a private water supply source.

O.C. 964-2002, s. 6.

7. Any connection to a water supply system shall be protected from contamination hazards in accordance with standards CSA-B64.10-01 “Manual for the Selection and Installation of Backflow Prevention Devices” and CSA-B64.10.1-01 “Manual for the Maintenance and Field Testing of Backflow Prevention Devices” published by the Canadian Standards Association, as well as any amendment and future editions that may be published by that agency.

O.C. 964-2002, s. 7.

7.1. The water outlet temperature of valves supplying shower heads or bathtubs of a care occupancy or private seniors’ residence within the meaning of the Act respecting health services and social services (chapter S-4.2) must be controlled with the devices provided for in section 7.3 and be verified and adjusted so that the temperature does not exceed 43 °C.

The verification referred to in the first paragraph must be made at least once a year.

For the purposes of this section,

“care occupancy” means a building or part of a building housing persons who, because of their physical or mental state, need medical care or treatment.

This section comes into force on 27 December 2013.

This section applies as of 11 February 2013 to care occupancies and private seniors’ residences with respect to their plumbing systems equipped with one of the devices covered by section 7.3.

The requirement covered by section 7.1 to verify and adjust the water outlet temperature of valves supplying shower heads and bathtubs applies as of 11 February 2013 to care occupancies and private seniors’ residences with respect to their plumbing systems equipped with devices other than those covered by section 7.3 but that can nonetheless limit the temperature. (O.C. 1203-2012, 2012-12-12)

O.C. 1203-2012, s. 1.

7.2. Information relating to the verification and setting of the water outlet temperature supplying bathtubs and shower heads of a care occupancy or private seniors’ residence must be kept in a register for at least 5 years. The register must indicate the date, time, initial temperature, temperature after adjustment, if any, the identification of the valve and the name of the person who made the verification and adjustment. It must be kept in the occupancy or residence and made available to the Board.

This section comes into force on 27 December 2013.

This section applies as of 11 February 2013 to care occupancies and private seniors’ residences with respect to their plumbing systems equipped with one of the devices covered by section 7.3.

Section 7.2 applies as of 11 February 2013 to care occupancies and private seniors’ residences with respect to their plumbing systems equipped with devices other than those covered by section 7.3 but that can nonetheless limit the temperature. (O.C. 1203-2012, 2012-12-12)

O.C. 1203-2012, s. 1.

7.3. The valves referred to in section 7.1 must be of the thermostatic or combination pressure-balanced/thermostatic type. They must be certified according to the edition of the plumbing supply fitting standard that, under a regulation, was in force at the time of their installation.

Valves supplying only bathtubs need not be of one of the types referred to in the first paragraph if the hot water supply is controlled by a thermostatic-mixing valve or an automatic temperature-limiting device installed within the limits of a bathroom and certified according to the edition of the standard relating to plumbing fittings that, under a regulation, was in force at the time of their installation.

Despite the first paragraph, pressure-balanced valves installed before the coming into force of this section (11 February 2013) and certified according to the edition of the plumbing supply fitting standard that, under a regulation, was in force at the time of their installation, are permitted in private seniors’ residences, except in the parts of those residences that are used as care occupancies.

This section comes into force on 27 December 2013.

This section applies as of 11 February 2013 to care occupancies and private seniors’ residences with respect to their plumbing systems equipped with one of the devices covered by section 7.3.

Section 7.2 and the requirement covered by section 7.1 to verify and adjust the water outlet temperature of valves supplying shower heads and bathtubs apply as of 11 February 2013 to care occupancies and private seniors’ residences with respect to their plumbing systems equipped with devices other than those covered by section 7.3 but that can nonetheless limit the temperature. (O.C. 1203-2012, 2012-12-12)

O.C. 1203-2012, s. 1.

8. Any contravention to a provision of this Chapter constitutes an offence.

O.C. 964-2002, s. 8.

CHAPTER II ELECTRICITY

9. In this Chapter, the terms “accessible”, “electrical equipment”, “permanently connected equipment”, “approved”, “hydromassage bathtub”, “therapeutic pool”, “service”, “circuit breaker”, “ground fault circuit interrupter”, “overcurrent device”, “hazardous location”, “readily accessible”, “inaccessible”, “electrical installation”, “swimming pool”, “receptacle” and “alive or live” have the meaning given by the Canadian Electrical Code Part I, Eighteenth Edition, as defined by section 5.01 of Chapter V of the Building Code (chapter B-1.1, r. 2) made under the Building Act (chapter B-1.1) and, where applicable, amended by section 5.04 of that Chapter.

O.C. 964-2002, s. 9.

10. An electrical installation shall be used for the purposes for which it was designed and is intended and it shall be kept in safe and proper working condition.

O.C. 964-2002, s. 10.

11. Any electrical equipment used in an electrical installation or any equipment permanently connected to such installation shall be approved for the use for which it is intended.

O.C. 964-2002, s. 11.

12. An electrical installation shall be used and maintained in a manner that does not constitute a fire hazard.

O.C. 964-2002, s. 12.

13. Any required rectification shall be made to an electrical installation when hazardous operating conditions have developed due to, in particular, intensive use, wear and tear, obsolescence or modifications.

O.C. 964-2002, s. 13.

14. The marking which indicates the minimum ratings of an electrical equipment shall be complied with. Where a component of the equipment must be replaced, the features of the new component shall be compatible with those indicated by the marking.

O.C. 964-2002, s. 14.

15. A bare live part shall be protected against any accidental contact or be located in an inaccessible place or compartment.

O.C. 964-2002, s. 15.

16. Service entrance equipment, panelboards and distribution equipment shall be readily accessible at all times.

O.C. 964-2002, s. 16.

17. Electrical equipment vaults shall not be used for storage purposes.

O.C. 964-2002, s. 17.

18. Electrical equipment vaults shall not be maintained at excessive temperatures.

O.C. 964-2002, s. 18.

19. Electrical equipment vaults shall be inaccessible.

O.C. 964-2002, s. 19.

20. Overcurrent devices shall be of a current rating appropriate for their use. They shall not show obvious signs of damage or overheating. Their connections shall neither be loose nor corroded.

O.C. 964-2002, s. 20.

21. Overcurrent devices shall be of a type and current rating appropriate for the protected electrical installation and be replaced, if need be, by devices of the same current rating.

O.C. 964-2002, s. 21.

22. A ground fault circuit interrupter shall protect

(1)  electrical equipment immersed in a swimming pool;

(2)  audio-amplifiers connected to speakers immersed in a swimming pool;

(3)  electrical equipment located within 3 m of the inside walls of a swimming pool and not separated from the pool by a wall, partition or fence;

(4)  therapeutic pools and hydromassage bathtubs;

(5)  receptacle outlets located in a bathroom and installed less than 3 m from the bathtub or shower unit. That requirement does not apply to a receptacle combined with an isolating transformer or to an outlet for a washing machine where it is located on the wall behind the machine no more than 600 mm above the floor.

O.C. 964-2002, s. 22.

23. Circuit breakers of air conditioning and ventilation installations shall be checked and tested at least once every 12 months so as to make sure that the power supply can be interrupted in case of emergency.

O.C. 964-2002, s. 23.

24. Electrical equipment shall comply with Chapter V of the Construction Code (chapter B-1.1, r. 2), if it is in the presence of flammable gases or vapours or airborne combustible dusts or fibres in sufficient quantity to constitute a fire or explosion hazard.

O.C. 964-2002, s. 24.

25. Any contravention to a provision of this Chapter constitutes an offence.

O.C. 964-2002, s. 25.

26. (Omitted).

O.C. 964-2002, s. 26.

CHAPTER III GAS

O.C. 877-2003, s. 1.

DIVISION I INTERPRETATION

O.C. 877-2003, s. 1.

27. In this Chapter, a reference to “Code d’installation du gaz naturel et du propane, CAN/CSA-B149.1”, to “CAN/CSA-B149.1: Natural Gas and Propane Installation Code”, to “Code sur le stockage et la manipulation du propane CAN/CSA-B149.2”, to “CAN/CSA-B149.2: Propane Storage and Handling Code”, to “Centres de ravitaillement de gaz naturel: code d’installation, CAN/CSA-B108”, to “CAN/CSA-B108: Natural Gas Fuelling Stations Installation Code”, to the standard “Réseaux de canalisation de petrole et de gaz, CSA Z662”, to “CSA Standard Z662: Oil and Gas Pipeline Systems”, to the standard “Gaz naturel liquéfié (GNL): production, stockage et manutention, CAN/CSA Z276” or to “CAN/CSA Z276: liquified Natural Gas (LNG) - Production, Storage and Handling” is a reference to the code or standard referred to in Chapter II of the Construction Code (chapter B-1.1, r. 2) made under the Building Act (chapter B-1.1) and to the amendments provided for in Division VII of that Chapter.

O.C. 877-2003, s. 1; O.C. 121-2006, s. 1.

28. In this Chapter,

“gas installation” means an installation intended to use, store or distribute gas;

“propane” means a liquefied petroleum gas mainly composed of propane, propylene, butane, butylene or a blend of those gases.

O.C. 877-2003, s. 1.

29. In Divisions II to IV of this Chapter, the terms “appliance”, “air supply”, “cylinder”, “tank truck”, “container refill centre”, “combustible”, “enclosure”, “safety limit control”, “point of transfer”, “combustion products”, “container”, “tank”, “safety shut-off valve”, “relief valve”, “filling plant”, “structure”, “venting system”, “hose connector”, “hose” and “recreational vehicle” have the meaning given to them in CAN/CSA-B149.1: Natural Gas and Propane Installation Code and CAN/CSA-B149.2: Propane Storage and Handling Code.

O.C. 877-2003, s. 1; O.C. 121-2006, s. 1.

DIVISION II GENERAL

O.C. 877-2003, s. 1.

30. A gas installation must be used for the purposes for which it was designed and kept in safe and proper working order.

O.C. 877-2003, s. 1.

31. A gas installation must be used and serviced so as not to constitute fire, explosion or intoxication hazards.

O.C. 877-2003, s. 1.

32. The vicinity of a gas installation must not be modified in such manner that the gas installation does not comply with Chapter II of the Construction Code (chapter B-1.1, r. 2).

O.C. 877-2003, s. 1.

33. The necessary corrections must be made to a gas installation if, following intensive use, wear, aging or modifications, the operating conditions have become dangerous.

O.C. 877-2003, s. 1.

34. A gas leak may not be detected by means of a match, candle, flame or any other source of ignition.

O.C. 877-2003, s. 1.

35. A light, including a flashlight, used to detect a gas leak must be of Class I, Group D type.

O.C. 877-2003, s. 1.

36. An electric switch located either in the room or adjacent to an area of gas leakage must not be operated unless it is of a Class I, Group D type.

O.C. 877-2003, s. 1.

37. A safety shut-off valve, a safety limit control or a relief valve must not be isolated or be made inoperative.

O.C. 877-2003, s. 1.

38. Where there are signs of wear or deterioration or where other damage shows in the reinforcement material of a hose or hose connector, the hose must be replaced immediately.

O.C. 877-2003, s. 1.

DIVISION III GAS INSTALLATIONS

O.C. 877-2003, s. 1.

39. An appliance must be serviced in accordance with the manufacturer’s instructions.

O.C. 877-2003, s. 1.

40. An appliance may not be used if damaged by fire, water or an explosion unless it has been verified by a person holding the appropriate certificate of qualification issued under the Act respecting vocational vocational training and qualification (chapter F-5).

O.C. 877-2003, s. 1.

41. No appliance may be used in a room where there are corrosive vapours.

O.C. 877-2003, s. 1.

42. Appliance clearance must allow the appliance to be serviced without moving it or modifying the building that shelters it or modifying neighbouring equipment.

O.C. 877-2003, s. 1.

43. An appliance may be used only if it complies with the provisions of Division IV of Chapter II of the Construction Code (chapter B-1.1, r. 2).

O.C. 877-2003, s. 1.

44. Where a part of an appliance must be replaced, the replacement part must have the same operational characteristics as the original part.

O.C. 877-2003, s. 1.

45. In an enclosure or a structure housing an appliance, the air supply must be sufficient to ensure complete combustion and total venting of combustion products.

O.C. 877-2003, s. 1.

46. The air supply of an appliance must be free of any encumbrance.

O.C. 877-2003, s. 1.

47. An appliance and its venting system must show sufficient clearance so that the surface temperature of neighbouring combustible materials does not exceed 90 °C.

O.C. 877-2003, s. 1.

48. The venting system of an appliance must ensure total venting of combustion products to the outdoors.

O.C. 877-2003, s. 1.

49. The piping or tubing system must have a diameter sufficient to convey the required volume of gas at the required pressure.

O.C. 877-2003, s. 1.

50. Where no appliance is connected to a piping outlet, the outlet must be tightly plugged or capped.

O.C. 877-2003, s. 1.

51. Vehicles equipped with a propane appliance must not be parked or stored inside a building, except if

(1)  the propane storage cylinders are removed; or

(2)  the propane tanks have contents in propane of no more than 50% of the maximum filling capacity allowed and all shut-off valves are closed.

O.C. 877-2003, s. 1.

DIVISION IV USE, STORAGE AND DISTRIBUTION OF PROPANE IN CONTAINERS

O.C. 877-2003, s. 1.

52. Propane in containers must be used, stored and distributed in accordance with the provisions of CAN/CSA-B149.2: Propane Storage and Handling Code.

O.C. 877-2003, s. 1; O.C. 121-2006, s. 1.

53. For the purposes of Clause 6.5 of CAN/CSA-B149.2: Propane Storage and Handling Code, all stored cylinders, whether filled or empty, shall be considered filled at the maximum filling capacity allowed.

O.C. 877-2003, s. 1; O.C. 121-2006, ss. 1 and 2.

54. Propane that is used, stored or distributed as combustible must emit a characteristic odour in accordance with Canadian General Standards Board Standard CAN/CGSB-3.14-M88: Liquefied Petroleum (Propane).

O.C. 877-2003, s. 1.

55. Propane may not be transferred from a tank truck to a cylinder in a location other than the location where the cylinder is used.

O.C. 877-2003, s. 1.

56. Propane from a tank truck may not be transferred into the container of a road vehicle.

O.C. 877-2003, s. 1.

57. The tank of the propane supply system of a road vehicle may be filled only if it bears the appropriate sticker mandatory under the Regulation respecting safety standards for road vehicles (chapter C-24.2, r. 32).

O.C. 877-2003, s. 1.

58. Propane may not be transferred from a tank truck to a cylinder the total capacity of which is 20 kg of propane on a campground unless, during the transfer, the tank truck

(1)  is at a location that has safety installations complying with the provisions of Clause 7.19.4 of CAN/CSA-B149.2: Propane Storage and Handling Code for tanks; and

(2)  is parked in accordance with the distances provided for in Table 7.16 of CAN/CSA-B149.2: Propane Storage and Handling Code for tanks.

O.C. 877-2003, s. 1; O.C. 121-2006, ss. 1 and 3.

59. A propane container must be painted.

O.C. 877-2003, s. 1.

60. Except in filling plants, propane cylinders must not be stored one stacked over the other.

O.C. 877-2003, s. 1.

61. Vehicles used for the transportation of propane and parked at a location other than a location governed by a regulation respecting the transportation of dangerous substances made under the Highway Safety Code (chapter C-24.2) must be parked in accordance with the provisions of Clauses 8.15 to 8.19 of CAN/CSA-B149.2: Propane Storage and Handling Code.

O.C. 877-2003, s. 1; O.C. 121-2006, ss. 1 and 4.

62. Signs bearing the indication or the international symbol “NO SMOKING” must be installed at a conspicuous place in filling plants at every entrance and point of transfer of propane. The letters must be red on a white background or black on a yellow background and be at least 100 mm high. The symbols must have a minimum diameter of 300 mm.

O.C. 877-2003, s. 1.

63. Signs bearing the following indications must be installed in a conspicuous place on the tank or nearby and at the point of transfer, where propane is transferred more than 3 m from the tank of a propane container refill centre, in a way that they can be seen from that point:

(1)  the indication “NO SMOKING, TURN OFF ALL SOURCES OF IGNITION” in letters at least 50 mm high;

(2)  the indication “TRANSPORT CYLINDERS SECURED IN AN UPRIGHT POSITION IN A VENTILATED SPACE” in letters at least 25 mm high;

(3)  the indication “IT IS AN OFFENCE TO FILL PROPANE CYLINDERS AND MOTOR FUEL CONTAINERS IN EXCESS OF 80% CAPACITY BY VOLUME” in letters at least 25 mm high; and

(4)  the indication “NO SMOKING WITHIN 3 M­TURN IGNITION OFF BEFORE REFUELLING” in letters at least 25 mm high for a propane distribution location for vehicles.

The international symbols for “NO SMOKING” and “TURN OFF IGNITION”, measuring at least 100 mm in diameter, may be used instead of those expressions. The symbols must be red and black on a white background.

The letters on the signs must be red on a white background or black on a yellow background.

O.C. 877-2003, s. 1.

DIVISION V DISTRIBUTION OF GAS BY PIPELINE

O.C. 877-2003, s. 1.

64. Gas distributed by pipeline must emit a characteristic odour in accordance with the provisions of Clause 4.17 of CSA Standard Z662: Oil and Gas Pipeline Systems.

O.C. 877-2003, s. 1.

65. A piped gas undertaking must notify all users affected by an interruption in service and ensure the safe restoration of service.

O.C. 877-2003, s. 1.

66. An installation intended to distribute gas by pipeline must be operated and serviced in accordance with the provisions of Clause 10 and the provisions of Clauses 12.10 and 15.10 of CSA Standard Z662: Oil and Gas Pipeline Systems.

O.C. 877-2003, s. 1.

67. Within 90 days following the beginning of each fiscal year, every piped gas undertaking must send to the Régie du bâtiment du Québec (the Board) its gas leak detection program for the current year, and at the end of the same year, a report on the findings and measures taken to remedy the situation. Likewise, the undertaking must send its yearly program on maintenance of the transportation systems, gas distribution systems and storage facilities.

O.C. 877-2003, s. 1.

68. Every piped gas undertaking must keep up-to-date the plans of its gas transportation systems, gas distribution systems and storage facilities, as well as the location of valves, regulators and other accessories.

O.C. 877-2003, s. 1.

69. Every piped gas undertaking must send to the Board, within 90 days following the end of each fiscal year, a report on the state of its distribution system. The report must contain the information referred to in Schedule I in the prescribed form.

O.C. 877-2003, s. 1.

DIVISION VI USE, STORAGE AND DISTRIBUTION OF NATURAL GAS IN CONTAINERS

O.C. 877-2003, s. 1.

70. The natural gas supply system of a road vehicle may be filled only if the vehicle bears the appropriate sticker mandatory under the Regulation respecting safety standards for road vehicles (chapter C-24.2, r. 32).

O.C. 877-2003, s. 1.

71. In a container refill centre for vehicles, natural gas must not be distributed at a pressure in excess of that provided for in Clause 3.4 of Clause 3 of CAN/CSA-B108: Natural Gas Fuelling Stations Installation Code.

O.C. 877-2003, s. 1; O.C. 121-2006, s. 1.

72. An installation intended to store liquefied natural gas must be operated and serviced in accordance with the provisions of Clause 12 of CAN/CSA-Z276: Liquefied Natural Gas (LNG)-Production, Storage and Handling.

O.C. 877-2003, s. 1; O.C. 121-2006, s. 1.

73. Where natural gas cylinders are filled, stored and used elsewhere than in a refill centre for vehicles, it must be done in accordance with the provisions of Clauses 9.2 to 9.5 of Clause 9 of CAN/CSA-B149.1: Natural Gas and Propane Installation Code.

O.C. 877-2003, s. 1; O.C. 121-2006, ss. 1 and 5.

DIVISION VII OPERATION PERMIT

O.C. 877-2003, s. 1.

74. The owner of an installation independent of a building and intended to store or distribute gas shall obtain a permit for each place of operation of the installation or for each vehicle intended to distribute gas if the owner has no establishment in Québec.

O.C. 877-2003, ss. 1 and 2.

75. The owner or the owner’s representative shall file with the Board an application for a permit containing the following information:

(1)  the name, domicile address of the owner or representative and, where applicable, the number of the declaration of registration deposited in the enterprise register registered under section 12 of the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  in the case of a partnership or a legal person, its name, the address of its head office and the number of the declaration of registration referred to in paragraph 1;

(3)  the address of the place of operation of the installation or, if the owner or representative has no establishment in Québec, the registration number of the vehicle intended to distribute gas; and

(4)  for the place of operation:

(a)  the quantity of gas sold during the preceding year;

(b)  the quantity of gas bought during the preceding year:

i.  in Québec from a refinery;

ii.  from a source of supply outside Québec;

iii.  in Québec elsewhere than from a refinery;

(c)  the date on which the place began operating;

(d)  the use of the place;

(e)  the names of the employees who work there and who hold certificates of qualification issued under the Act respecting vocational vocational training and qualification (chapter F-5); and

(f)  the number of storage containers and their individual capacity in litres or United States gallons.

O.C. 877-2003, s. 1.

76. Every application for an operation permit must include an attestation to the effect that the information contained therein is accurate and complete.

O.C. 877-2003, s. 1.

77. The fee payable for the issue or renewal of an operation permit is $166.68. Notwithstanding the foregoing, the fee is $49.03 for an installation independent of a building and intended to store or distribute gas in cylinders only and if gas is not transferred there. The fee must be paid to the Board and be attached to the application for the issue or renewal of a permit.

O.C. 877-2003, s. 1.

78. The operation permit issued by the Board contains the following information:

(1)  the name of the owner of the installation or vehicle;

(2)  the address of the place of operation of the installation or the registration number of the vehicle for which the permit is issued;

(3)  the date of issue of the permit; and

(4)  the number of the declaration referred to in paragraph 1 or 2 of section 75, where applicable.

O.C. 877-2003, s. 1.

79. The holder of an operation permit shall post it in a conspicuous place at the place of operation or in the vehicle intended to distribute gas.

O.C. 877-2003, s. 1.

80. The term of a permit is one year.

O.C. 877-2003, s. 1.

81. The application for renewal of a permit must be filed with the Board at least 30 days before the expiry date of the permit.

O.C. 877-2003, s. 1.

82. An operation permit is non-transferable.

O.C. 877-2003, s. 1.

83. The operation permit is suspended for as long as its owner does not comply with an order issued under section 123 or 124 of the Building Act (chapter B-1.1).

O.C. 877-2003, s. 1.

84. A person who applies for the issue or renewal of an operation permit shall obtain and maintain in force, during the entire term of the permit, liability insurance of a minimum amount of $1,000,000 to cover damage caused to another person as a result of fault or negligence in the operation of the installation. The insurance must provide for a commitment by the insurer to inform the Board of the insurer’s intention to terminate the contract.

An attestation of the insurer to the effect that the insurance meets the requirements of the first paragraph must be sent to the Board with the application for the issue or renewal of the operation permit.

O.C. 877-2003, s. 1.

85. The holder of the permit shall notify the Board in writing of the cancellation or modification of the insurance.

O.C. 877-2003, s. 1.

DIVISION VIII CONTRIBUTIONS

O.C. 877-2003, s. 1.

86. The owner or operator of a piped gas undertaking must pay the Board, each month, the amount of $0.439 per 1,000 m3 of gas sold.

The amount is calculated on the basis of the volume of gas sold to users.

O.C. 877-2003, s. 1.

87. The wholesale owner or operator of an undertaking for the bulk distribution of liquefied petroleum gas sold in Québec must pay the Board the amount of $0.851 per 1,000 litres or fraction of a 1,000 litres of liquefied petroleum gas sold in Québec.

For the purposes of this section,

“liquefied petroleum gas sold in Québec” means, in the case of a wholesale owner or operator of an undertaking for the bulk distribution of liquefied petroleum gas, the volume of liquefied petroleum gas sold in Québec less the volume bought from a wholesale owner or operator of an undertaking for the bulk distribution of liquefied petroleum gas;

“wholesale owner or operator of an undertaking for the bulk distribution of liquefied petroleum gas” means any person or partnership operating an undertaking for the storage, sale or distribution of liquefied petroleum gas in Québec and buying liquefied petroleum gas from a producer in Québec or from any source outside Québec for resale in Québec.

O.C. 877-2003, s. 1.

88. Every gas undertaking must keep an up-to-date list of the names and addresses of its customers.

O.C. 877-2003, s. 1.

DIVISION IX PENAL

O.C. 877-2003, s. 1.

89. Any violation of any of the provisions of this Chapter, except sections 77, 86 and 87, constitutes an offence.

O.C. 877-2003, s. 1.

CHAPTER IV ELEVATORS AND OTHER LIFTS

O.C. 896-2004, s. 1.

DIVISION I INTERPRETATION

O.C. 896-2004, s. 1.

90. In this Chapter, unless the context indicates otherwise,

“Code” means the “Code de sécurité sur les ascenseurs et monte-charge, CAN/CSA B44-00”, including the updates of June, November and December 2003, or “CSA Standard CAN/CSA B44-00: Safety Code for Elevators”, including the updates of September 2002, May and December 2003, referred to in Chapter IV of the Construction Code (chapter B-1.1, r. 2) made under the Building Act (chapter B-1.1), as amended by Division VII of that Chapter;

“elevator” means an elevator, a freight elevator, a dumbwaiter, an escalator, a moving walk and a material lift referred to and defined in the Code;

“lift” means a lift referred to and defined in the standard;

“standard” means the standard “Appareils élévateurs pour personnes handicapées, CAN/CSA B355-00”, including the amendments in “B355S1-02 Supplément n° 1 à CAN/CSA B355-00 Appareils élévateurs pour personnes handicapées” and the updates of March 2002 and October 2003, or “CSA Standard CAN/CSA B355-00: Lifts for Persons with Physical Disabilities”, including the amendments in “B355S1-02 Supplement No. 1 to CAN/CSA-B355-00, Lifts for Persons with Physical Disabilities” and the updates of March 2002 and October 2003, referred to in Chapter IV of the Construction Code.

O.C. 896-2004, s. 1.

DIVISION II GENERAL

O.C. 896-2004, s. 1.

91. An elevator or other lift shall be used for the purposes for which it was designed and be maintained in safe and proper working condition.

O.C. 896-2004, s. 1.

92. Any required rectification shall be made to an elevator or other lift when hazardous operating conditions have developed due to, in particular, intensive use, wear and tear, obsolescence or alterations.

O.C. 896-2004, s. 1.

DIVISION III MAINTENANCE STANDARDS

O.C. 896-2004, s. 1.

93. An elevator or other lift shall be maintained in accordance with the provisions of c8.6.12 of the Code or those of Appendix B to the standard.

O.C. 896-2004, s. 1.

94. A log pertaining to the maintenance provided for in c8.6.12 of the Code or Appendix B to the standard, and up-to-date wiring diagrams shall be maintained in the machine room by the owner of an elevator or other lift.

O.C. 896-2004, s. 1.

DIVISION IV LEVIES AND FEES

O.C. 896-2004, s. 1.

95. A levy of $79.49 per elevator or other lift shall be paid annually to the Régie du bâtiment du Québec by the owner of an elevator or other lift. However, the owner shall pay a levy of $157.82 for the year during which an elevator or other lift is put into service.

O.C. 896-2004, s. 1; O.C. 1154-2004.

96. The following fees shall be paid to the Board by the owner for the inspection of an elevator or other lift no later than 30 days after the invoice date:

(1)  in the case of an elevator or other lift other than an inclined elevator:

(a)  $132.89 where the elevator or other lift serves ten landings or fewer; and

(b)  $132.89 plus $11.87 per landing in excess of the tenth landing, where the elevator serves more than 10 landings;

(2)  in the case of an inclined elevator, $132.89 per hour or fraction of an hour.

O.C. 896-2004, s. 1.

97. Every owner shall pay to the Board inspection fees of $132.89 per hour or fraction of an hour for the inspection of an elevator or other lift carried out following the issue of a remedial notice provided for in section 122 of the Building Act (chapter B-1.1).

O.C. 896-2004, s. 1.

98. The owner shall allow the Board to affix an identification plate to an elevator or other lift.

O.C. 896-2004, s. 1.

DIVISION V PENAL

O.C. 896-2004, s. 1.

99. Any contravention of any of the provisions of this Chapter, except the provisions of sections 95 to 97, constitutes an offence.

O.C. 896-2004, s. 1.

CHAPTER V PASSENGER ROPEWAYS

O.C. 896-2004, s. 1.

DIVISION I INTERPRETATION

O.C. 896-2004, s. 1.

100. In this Chapter, unless the context indicates otherwise,

“passenger ropeway” means a passenger ropeway referred to in the standard;

“standard” means the standard “Remontées mécaniques, CAN/CSA Z98-01, Avril 2002”, including the amendments in “Z98S1-02 Supplément no 1 à la norme CAN/CSA-Z98-01 Remontées mécaniques, Février 2003” and the updates of July 2002 and October 2003, or “CSA Standard CAN/CSA Z98-01: Passenger Ropeways, June 2001”, including the amendments in “Z98S1-02 Supplement No. 1 to CAN/CSA-Z98-01 Passenger Ropeways, December 2002” and the updates of July 2002 and October 2003, published by the Canadian Standards Association, referred to in Chapter VII of the Construction Code (chapter B-1.1, r. 2) made under the Building Act (chapter B-1.1), as amended by Division V of that Chapter.

O.C. 896-2004, s. 1.

DIVISION II GENERAL

O.C. 896-2004, s. 1.

101. A passenger ropeway shall be used for the purposes for which it was designed and be maintained in safe and proper working condition.

O.C. 896-2004, s. 1.

102. The vicinity of a passenger ropeway may not be altered in such manner that the passenger ropeway no longer complies with Chapter VII of the Construction Code (chapter B-1.1, r. 2).

O.C. 896-2004, s. 1.

103. Any required rectification shall be made to a passenger ropeway when hazardous operating conditions have developed due to, in particular, intensive use, wear and tear, obsolescence or alterations.

O.C. 896-2004, s. 1.

DIVISION III OPERATION AND MAINTENANCE

O.C. 896-2004, s. 1.

104. The inspection, periodic testing, operation and maintenance of a passenger ropeway shall be carried out in accordance with the provisions of the standard.

O.C. 896-2004, ss. 1 and 3.

105. A new passenger ropeway or a passenger ropeway that has been altered or renovated may be put into service only if the certificate provided for in section 7.04 of the Construction Code (chapter B-1.1, r. 2) has been sent to the Board.

O.C. 896-2004, s. 1.

DIVISION IV LEVIES AND FEES

O.C. 896-2004, s. 1.

106. A levy shall be paid annually to the Board by the owner of a passenger ropeway no later than 30 days after the invoice date:

(1)  in the case of an above-surface ropeway or a reversible passenger ropeway: $637.21; or

(2)  in the case another passenger ropeway:$283.59.

O.C. 896-2004, s. 1.

107. The owner shall allow the Board to affix an identification plate to a passenger ropeway.

O.C. 896-2004, s. 1.

DIVISION V PENAL

O.C. 896-2004, s. 1.

108. Any contravention of any of the provisions of this Chapter, except the provisions of section 106, constitutes an offence.

O.C. 896-2004, s. 1.

CHAPTER VI PETROLEUM EQUIPMENT INSTALLATION

O.C. 221-2007, s. 1.

DIVISION I INTERPRETATION

O.C. 221-2007, s. 1.

109. In this Chapter, unless the context indicates otherwise,

“cargo tank” means a tank having one or more compartments fixed to a truck, a railway car, a trailer or a semi-trailer and used to transport, transfer or dispense petroleum products; (citerne)

“container” means a container that holds less than 45 litres; (contenant)

“fuelling area” means the part of the dispensing area situated opposite each motor fuel dispenser where vehicles stop to be refuelled; (aire de ravitaillement)

“portable tank” means a container that holds not less than 45 litres and not more than 225 litres and is designed to be moved; (réservoir portatif)

“reception area” means the area around the fill pipe of an underground tank and around the site of an aboveground tank; (aire de réception)

“service area” means the space in a building used for servicing or repairing vehicles. (aire d’entretien)

In this Chapter, “airport outlet”, “aviation fuel”, “biodiesel fuel”, “booth”, “bulk plant”, “designated location”, “diesel fuel”, “first storey”, “flash point”, “fuel oil”, “high-risk petroleum equipment”, “marina outlet”, “motor fuel”, “motor fuel dispensing outlet”, “petroleum equipment”, “recognized person”, “self-serve facility”, “service centre”, “storey”, “tank”, “unattended self-serve facility”, “underground piping”, “underground tank” and “user outlet” have the meaning assigned in section 8.01 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

110. For the purposes of this Chapter, petroleum products include the classes and types listed in section 8.02 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

DIVISION II APPLICATION

O.C. 221-2007, s. 1.

111. Subject to the regulatory exemptions under subparagraph 1 of the first paragraph of section 182 of the Building Act (chapter B-1.1), the codes, standards and provisions of this Chapter apply to petroleum equipment and petroleum equipment installations covered by that Act, including their vicinity.

Despite the first paragraph, petroleum equipment installations erected before 1 April 2007 are considered to comply with the provisions of this Chapter that require compliance with a technical standard drawn up by a body if the equipment that is part thereof meets the requirements of the technical standard applicable at the time of the erection or alteration of the installation.

In addition, if a provision of this Chapter requires that petroleum equipment be approved under such a standard, the equipment is presumed to comply with the provision if it is approved under the standard applicable at the time of its manufacturing or erection.

O.C. 221-2007, s. 1.

DIVISION III REFERENCED DOCUMENTS

O.C. 221-2007, s. 1.

112. The requirements of the referenced documents in this Chapter apply only to the extent that they refer to petroleum equipment.

O.C. 221-2007, s. 1.

113. Where referenced requirements are inconsistent with the requirements of any provision of this Chapter, the latter prevail.

O.C. 221-2007, s. 1.

DIVISION IV REGISTER, ATTESTATION AND PERMITS

O.C. 221-2007, s. 1.

§ 1 . — Register

O.C. 221-2007, s. 1.

114. The owner of a petroleum equipment installation that includes at least one component that is high-risk petroleum equipment must keep in a register or append thereto, as the case may be, the following information and documents:

(1)  during the existence of the petroleum equipment, a copy of the plans relating to all construction work carried out on the equipment and all technical information relating to the alterations made to the equipment;

(2)  for at least 10 years,

(a)  inspection certificates issued by a certified inspector under section 52 of the Act respecting petroleum products and equipment (chapter P-29.1) and certificates of conformity or safety produced by a recognized person;

(b)  the information listed in paragraph 9 of section 121;

(c)  notices of correction given to a permit holder under section 92 of the Act respecting petroleum products and equipment as it read on 31 March 2007 or remedial notices given by the Régie du bâtiment du Québec under section 122 of the Building Act (chapter B-1.1);

(d)  corrosion protection system inspection reports;

(e)  leak detection system inspection reports;

(f)  leak detection test reports;

(g)  operating performance monitoring reports, tests, inspections, water dips required under section 143 and a description of the measures taken to meet, where applicable, the requirements of sections 139 to 142, 145 to 153, 191 and 230;

(h)  periods during which the equipment was not used; and

(i)  a description of any measure taken to meet, if applicable, the requirements of sections 175, 176 and 181; and

(3)  for at least 2 years,

(a)  copies of petroleum product purchase, delivery, sale and withdrawal records;

(b)  gauge readings of the product, water dip readings in the tanks and readings of dispenser meters;

(c)  calculations allowing the monthly determination of any gain or loss of product if gauging of petroleum products is required under this Chapter; and

(d)  dates on which draining was carried out, the quantity that was drained and the name of the person or enterprise that carried out the draining.

For fuel oil, diesel and biodiesel tanks used to supply a generator set, only the documents in subparagraph 1 need be retained for a minimum of 2 years.

The register must be made available to the Board or a recognized person.

O.C. 221-2007, s. 1.

§ 2 . — Certificates of conformity

O.C. 221-2007, s. 1.

115. The owner of a petroleum equipment installation that includes at least one component that is high-risk petroleum equipment must provide the Board at the following inspection intervals with a certificate of conformity of the equipment that meets the requirements of section 117, produced and signed by a recognized person:

(1)  for underground petroleum equipment

(a)  having a double wall without an automatic leak detection system or having a single wall, every 2 years; or

(b)  for fuel oil or having a double wall with an automatic leak detection system, every 4 years;

(2)  for bulk plants, every 2 years; and

(3)  for aboveground petroleum equipment, every 6 years.

If a private inspection program referred to in Division V of Chapter III of the Act respecting petroleum products and equipment (chapter P-29.1) as it read on 31 March 2007 ends and at least 6 months remain before the expiry of the permit, the holder of the permit must provide the Board with a certificate of conformity before that date.

O.C. 221-2007, s. 1.

116. The inspection required for the certificate of conformity referred to in section 115 must be carried out within 12 months before the end of the period covered by the certificate.

The inspection period referred to in section 115 starts on the expiry date of the first permit issued at the address of the site where the high-risk petroleum equipment covered by the permit is situated. The inspection period for equipment existing before 1 April 2007 remains the same as the period applicable before that date.

If new high-risk petroleum equipment is erected at the address for which the owner holds a permit, the inspection period required for the equipment must be adjusted to coincide with the current period.

If high-risk petroleum equipment installed at the same address has different inspection periods, the shorter period takes precedence.

O.C. 221-2007, s. 1.

117. The recognized person is to certify

(1)  that he or she has verified the register referred to in section 114 and that the register is in compliance with the requirements of that section;

(2)  that he or she has searched for signs of leaks to ensure that the high-risk petroleum equipment does not leak and is not a hazard to public safety;

(3)  that, in the case of underground high-risk petroleum equipment, he or she has examined the operation of the equipment and inventories to ensure that they meet the requirements of sections 145, 175, 176, the second paragraph of section 177, sections 178, 215, the first paragraph of section 217, sections 227 to 229, the first paragraph of section 238, sections 247, 249, 253 and 257 of this Chapter and the requirements of section 8.95, the third paragraph of section 8.96 with respect to impact protection, sections 8.97, 8.124, 8.125, 8.127, 8.128, 8.142, 8.143, 8.146, subparagraph 1 of the first paragraph of section 8.153, sections 8.156, 8.159, 8.160, the second and third paragraphs of section 8.162, sections 8.164, 8.165, the first and second paragraphs of section 8.166, sections 8.168, 8.170, 8.172, 8.180, 8.183 and 8.185 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2);

(4)  that, in the case of high-risk petroleum equipment in a bulk plant, he or she has examined the operation of the petroleum equipment to ensure that it meets the requirements of sections 145, 175, 176, the second paragraph of section 177, sections 178, 190, the first paragraph of section 192, section 196, the first paragraph of section 197, sections 202, 205, the second paragraph of section 209, section 215, the first paragraph of section 217, sections 226 to 229, the first paragraph of section 230, sections 257, 263, 265, 267, 268, 270 and 278 of this Chapter and the requirements of section 8.47 with respect to aboveground tanks, sections 8.64, paragraph 1 of section 8.65, section 8.93, the third paragraph of section 8.96 with respect to impact protection, sections 8.97, 8.108, paragraph 4 of section 8.113, paragraphs 1, 4 and 6 of section 8.116, sections 8.124, 8.125, 8.127, 8.128, 8.142, 8.143, 8.146, 8.156, 8.195, 8.198, the first paragraph of section 8.199, section 8.200 with respect to manual valves, sections 8.204, 8.209, 8.211, 8.213, 8.215, paragraph 4 of section 8.217 and paragraph 5 of that section except with respect to the references to paragraphs 1 and 2 mentioned therein, of Chapter VIII of the Construction Code; and

(5)  that, in the case of aboveground high-risk petroleum equipment other than in bulk plants, he or she has examined the operation of the equipment to ensure that it meets the requirements of sections 158 and 188 but only with respect to the first paragraph of section 8.60 of Chapter VIII of the Construction Code, section 189, the first and second paragraphs of section 192, section 196, the second paragraph of section 197, sections 202, 205, the second paragraph of section 209, the first paragraph of section 217, sections 227 to 229, the first paragraph of section 230, the second paragraph of section 232, the first paragraph of section 238, sections 246, 247, 249, paragraph 3 of section 251, sections 253 and 257 of this Chapter and the requirements of sections 8.53, 8.56, 8.57, 8.64, paragraph 1 of section 8.65, sections 8.72, 8.93, 8.95, the first and second paragraphs of section 8.96 with respect to Class 1 petroleum products and the third paragraph of section 8.96 with respect to impact protection, sections 8.97, 8.108, paragraphs 1 to 4 and 6 of section 8.116, sections 8.142, 8.143, 8.146, subparagraph 1 of the first paragraph of section 8.153, sections 8.156, 8.159, 8.160, the second and third paragraphs of section 8.162, sections 8.164, 8.165, the first and second paragraphs of section 8.166, sections 8.168, 8.170, paragraph 4 of section 8.178, sections 8.180, 8.183 and 8.185 of Chapter VIII of the Construction Code.

Otherwise, the recognized person must inform the owner of any irregularities found and the reasons for refusing to produce the required certificate of conformity. The person must also inform the Board within 30 days.

The certificate must also contain a description of the high-risk petroleum equipment inspected, its type, make, model and capacity, the petroleum product it is to contain, the address of the place where it is situated, the date of signature, the name, address, telephone number, professional order membership number and temporary permit or certification number issued pursuant to the Petroleum Products Act (chapter P-30.01) of the recognized person who produced the certificate. The certificate may be produced on the form provided for that purpose by the Board.

O.C. 221-2007, s. 1.

118. Persons who meet the requirements of sections 8.13 and 8.14 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) may be recognized by the Board to produce and sign the certificate of conformity required under section 115.

O.C. 221-2007, s. 1.

119. The recognition of a person may be revoked by the Board for the reasons listed in section 8.15 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

119.1. The owner of a petroleum equipment installation who implements a quality control program for high-risk petroleum equipment, approved by the Board, is exempted from providing, for that equipment, the certificate of conformity provided for in section 115.

O.C. 1260-2012, s. 1.

119.2. The Board approves a quality control program where the following conditions are met:

(1)  the program consists of a process for the verification of the conformity of high-risk petroleum equipment that provides quality and safety at least equivalent to that sought by paragraph 2 of section 117 and, according to the type of equipment, by paragraph 3, 4 or 5 of that section;

(2)  the owner undertakes to implement the program as soon as it is approved, and to send to the Board each year a management report and a register of the inspections carried out to ensure that implementation;

(3)  the person in charge of the program and the verification of the conformity of high-risk petroleum equipment

(a)  carries on professional activities related to the inspection, monitoring or design of petroleum equipment installations;

(b)  is an engineer who is a member of the Ordre des ingénieurs du Québec or a professional technologist who holds a licence issued by the Ordre des technologues professionnels du Québec;

(c)  has sufficient independence to determine the problems related to quality control, and apply the required solutions;

(4)  the owner holds a permit for the use of high-risk petroleum equipment covered by the program, issued by the Board;

(5)  the owner pays to the Board the fee payable under section 130.1.

O.C. 1260-2012, s. 1.

119.3. The approval by the Board of a quality control program is valid for a period of 5 years.

O.C. 1260-2012, s. 1.

119.4. The owner applying for the approval of a quality control program or the renewal of such approval must provide the Board with the following information and documents:

(1)  a copy of the program, signed by the owner;

(2)  a description of the high-risk petroleum equipment covered by the program, and a list of permits for its use issued for such equipment;

(3)  the name of the person in charge of the program and of the person in charge of the verification of the conformity of petroleum equipment, the professional order membership number and the number of years of experience they acquired in activities related to the inspection, monitoring or design of petroleum equipment installations;

(4)  the determination of financial resources allocated to the program;

(5)  an undertaking to implement the program as soon as it is approved and to send to the Board each year the management report and the register of the inspections provided for in paragraph 2 of section 119.2.

Every application must include the fee payable under section 130.1 and an attestation that the information provided under the first paragraph of this section is true, and be signed by the owner.

Required information and documents previously provided to the Board need not be re-filed if the owner attests to their accuracy and completeness.

O.C. 1260-2012, s. 1.

119.5. The owner whose quality control program was approved must notify the Board immediately of any change in the information or documents provided under section 119.4.

O.C. 1260-2012, s. 1.

119.6. The owner who ceases to implement an approved quality control program must so notify the Board immediately.

O.C. 1260-2012, s. 1.

119.7. The Board withdraws its approval of a quality control program

(1)  where the owner ceases to implement it;

(2)  where one of the conditions for the approval of the program provided for in section 119.2 is no longer met;

(3)  where the owner does not fulfill his or her commitment to send to the Board each year the management report and the register of the inspections provided for in paragraph 2 of section 119.2;

(4)  where the owner made false or misleading statements concerning the program or its implementation.

O.C. 1260-2012, s. 1.

119.8. The exemption provided for in section 119.1 ends as soon as the high-risk petroleum equipment to which it applies ceases to be covered by a quality control program approved by the Board.

The owner must then provide the Board with a certificate of conformity of that equipment at the periods of verification of 2 years, 4 years or 6 years according to the type of equipment, provided for in the first paragraph of section 115, the periods starting on the date of expiry of the permit for the use of the equipment.

Where the exemption ends and at least 6 months remain before the date of expiry of the permit, the owner must also provide the Board with a certificate of conformity before that date.

O.C. 1260-2012, s. 1.

§ 3 . — Permits

O.C. 221-2007, s. 1.

120. The owner of a petroleum equipment installation that includes at least one component that is high-risk petroleum equipment must obtain a permit for the use of all the high-risk petroleum equipment situated at the same address, until the equipment is removed from its respective place of use.

O.C. 221-2007, s. 1.

121. The owner of a petroleum equipment installation applying for the issue or renewal of a permit must provide the Board with the following information and documents:

(1)  the owner’s name, home address and, where applicable, the business number assigned to the owner under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  if the application is made on behalf of a partnership or a legal person, the name of the partnership or legal person, the address of its head office and, where applicable, the business number referred to in paragraph 1;

(3)  the address and telephone number of the site where the petroleum equipment covered by the application is situated if the address is different from the address of domicile or head office;

(4)  if a certificate is required, the date of the certificate produced by a recognized person referred to in section 118 since the last application for the issue or renewal of a permit and the date on which the owner was informed by a recognized person of any irregularity; the owner must also provide the professional order membership number or temporary permit number of the person or the certification number of the certified inspector, where applicable;

(5)  the characteristics of the petroleum equipment covered by the application, in particular

(a)  the storage capacity in litres;

(b)  the nature of the petroleum products stored or intended to be stored;

(c)  the date of installation and the name and address of the contractor or owner-builder who installed the equipment;

(d)  the year of manufacture and the name and address of the manufacturer;

(e)  the automatic leak detection systems on high-risk petroleum equipment; and

(f)  a description of the location of all high-risk petroleum equipment on the site;

(6)  a declaration from the owner stating that the application information is accurate and complete;

(7)  the date of the owner’s signature;

(8)  the certificate of conformity required; and

(9)  in the case of an application for renewal, a declaration of the events having affected the equipment during the permit validity period, including

(a)  all petroleum product leaks and spills greater than 100 litres;

(b)  all explosions and fires related to petroleum equipment;

(c)  all failures in storage or dispensing equipment that are a hazard to public safety; and

(d)  the date of the event and the extent of the damages.

O.C. 221-2007, s. 1.

122. A permit modification application must contain

(1)  the information required under paragraphs 6 to 8 of section 121; and

(2)  a description of the new equipment installed or the alterations made to the equipment covered by the permit.

O.C. 221-2007, s. 1.

123. At the time an application for the issue, modification or renewal of a permit is made, required information and documents previously provided to the Board need not be re-filed if the owner attests to their current accuracy and completeness.

O.C. 221-2007, s. 1.

124. The Board issues or renews a permit on the following conditions:

(1)  the owner has provided the information and documents required under section 121;

(2)  the application for issue or renewal has been received and the fees have been paid to the Board;

(3)  the owner has complied with all the provisions of this Chapter that apply to the petroleum equipment covered by the permit application after being convicted of an offence related to the equipment, or with a suppletory measure required under section 122 of the Building Act (chapter B-1.1);

(4)  when applying for a renewal, the owner declares that the requirements of Division VI to ensure the testing of the operating performance of the high-risk petroleum equipment covered by the permit are met;

(5)  the certificate of conformity or safety accompanying the permit application has not been produced on the basis of inaccurate or misleading information; and

(6)  the certificate submitted has been produced by a recognized person.

O.C. 221-2007, s. 1.

125. A permit may only be modified by the Board at the request of an owner if

(1)  the name of the owner of the high-risk petroleum equipment or the address of the site where the equipment is situated has changed; or

(2)  a change to the petroleum equipment covered by the permit during the permit validity period invalidates the permit or the certificates of conformity submitted.

The modification application must be accompanied by the required certificate of conformity, where applicable, and the fees payable to the Board.

O.C. 221-2007, s. 1.

126. The owner must inform the Board of any change resulting in inaccuracy or incompleteness of the information, the certificate of conformity or the other documents submitted with the application for the issue, renewal or modification of the permit.

O.C. 221-2007, s. 1.

127. The holder of a permit must post the permit in public view at the address where the petroleum equipment covered by the permit is situated.

O.C. 221-2007, s. 1.

128. The term of a permit is 24 months; a permit may, however, be issued for a period shorter than 24 months to meet

(1)  the expiry dates of the permits issued to the same holder in the same administrative region;

(2)  the expiry dates of the various permits for petroleum equipment situated at the same address;

(3)  the period of use of the petroleum equipment for an activity whose expected duration is shorter than 2 years;

(4)  the period required to obtain an approval or authorization from the Board under sections 127 and 128 of the Building Act (chapter B-1.1) that may not be obtained before the expiry of the current permit; or

(5)  the period required to perform inspections or the work that may not be performed during the winter and before the expiry of the current permit.

O.C. 221-2007, s. 1.

129. A permit is suspended for so long as the holder does not comply with an order made under section 123 or 124 of the Building Act (chapter B-1.1).

O.C. 221-2007, s. 1.

§ 4 . — Fees

O.C. 221-2007, s. 1.

130. The fee payable for the issue or renewal of a 24-month permit is $145.11 to which $44.65 is added for each 10,000-litre portion of petroleum product storage capacity up to a maximum of $2,791.

If the validity period of the permit is shorter than 24 months, the fee payable is determined in proportion to the number of months of validity of the permit issued by the Board but is not lower than $94.88 per year.

O.C. 221-2007, s. 1.

130.1. The fee payable for the application for approval of a quality control program or renewal of such approval is $2,000.

O.C. 1260-2012, s. 3.

DIVISION V GENERAL PROVISIONS APPLICABLE TO ALL PETROLEUM EQUIPMENT

O.C. 221-2007, s. 1.

131. Petroleum equipment must be used for the purposes for which it is designed and must be maintained in proper and safe working order.

O.C. 221-2007, s. 1.

132. Petroleum equipment must be used and maintained so that it does not present a risk of spillage, leakage, fire, explosion or intoxication.

O.C. 221-2007, s. 1.

133. The owner of a petroleum installation or equipment must ensure during its operation that

(1)  the processes and equipment used are safe;

(2)  safety devices provided for that purpose are used correctly; and

(3)  the necessary precautions are taken so as to prevent risks of explosion, fire, spillage, leakage or other accidents.

The owner must also comply with the servicing, use and draining requirements applicable to the equipment or installation under this Chapter.

O.C. 221-2007, s. 1.

134. Petroleum equipment must

(1)  be leak-proof to prevent any risk of explosion, fire, spillage or other accident;

(2)  be used so as not to endanger the life of any person or cause serious injury;

(3)  be housed to limit access to authorized persons by the owner of the equipment and to prevent any contact with objects that may increase the risk of accidents; and

(4)  have protection devices that ensure the safety of persons who have access to the equipment or who use it.

O.C. 221-2007, s. 1.

135. The required rectification must be made if the operating conditions of the petroleum equipment are hazardous owing, in particular, to intensive use, modifications, wear and tear or obsolescence, or when a leak is detected.

O.C. 221-2007, s. 1.

136. Petroleum equipment that does not meet the minimum requirements for use, condition or servicing in this Chapter may not be used to store or dispense a petroleum product.

O.C. 221-2007, s. 1.

137. The owner of a petroleum equipment installation that includes high-risk petroleum equipment must inform the Board of any fire, explosion, loss of life or disaster involving petroleum equipment within 24 hours after the owner becomes aware of the incident.

O.C. 221-2007, s. 1.

DIVISION VI TESTING OF THE OPERATING PERFORMANCE

O.C. 221-2007, s. 1.

§ 1 . — Application

O.C. 221-2007, s. 1.

138. This Division applies to the high-risk petroleum equipment in a petroleum equipment installation.

O.C. 221-2007, s. 1.

§ 2 . — Inspections

O.C. 221-2007, s. 1.

139. Every 2 years, the owner of underground petroleum equipment must

(1)  inspect the cathodic protection performance

(a)  in the case of a sacrificial anode system, in accordance with CAN/ULC Standard S603.1-03 External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids, published by Underwriters’ Laboratories of Canada; and

(b)  in the case of an impressed current cathodic protection system where such system is an addition to an underground petroleum equipment installation, in accordance with RP0 Standard 169-2002 Control of External Corrosion on Underground or Submerged Metallic Piping Systems or RP0 Standard 285-2002 Corrosion Control of Underground Storage Tank System by Cathodic Protection, published by Nace International; and

(2)  ensure the proper operation of the automatic petroleum products leak detection system.

O.C. 221-2007, s. 1.

140. Every year, the owner must inspect and ensure the proper operation of

(1)  the safety valves of an aboveground piping system; and

(2)  every grounding circuit in a petroleum equipment installation.

O.C. 221-2007, s. 1.

141. The owner must ensure that every motor fuel dispenser connected to an underground tank has a meter that is calibrated at least once every 2 years.

O.C. 221-2007, s. 1.

§ 3 . — Leak detection tests

O.C. 221-2007, s. 1.

142. Where single-wall petroleum equipment is buried within 150 m from a vertical plane touching the closest outside wall of subway or pedestrian, road or railway tunnel works under construction or already completed, the owner must conduct a leak detection test every year in compliance with the second paragraph of section 8.130 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

If the leak detection test indicates a leak, all defective components in the installation must be repaired or replaced and another leak detection test must be conducted.

O.C. 221-2007, s. 1.

§ 4 . — Motor fuel dispensing

O.C. 221-2007, s. 1.

143. The owner must water dip each underground motor fuel tank every week.

The owner must also test for the presence of a petroleum product or vapours of such a product in the observation well if the tank does not have a continuous monitoring system with an alarm and, if applicable, conduct a leak detection test of the underground tank and piping that meets the requirements of the second paragraph of section 8.130 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

If the leak detection test indicates a leak, all defective components in the installation must be repaired or replaced and another leak detection test must be conducted.

O.C. 221-2007, s. 1.

144. Every day the owner uses the equipment, the owner must

(1)  gauge all underground tanks and read all dispenser meters; and

(2)  reconcile receipt and withdrawal records for each underground tank with the daily gauge readings taken pursuant to subparagraph 1.

If, however, the owner of high-risk petroleum equipment does not use the equipment for more than one week, the owner must gauge the equipment once a week during the period the equipment is not used.

O.C. 221-2007, s. 1.

145. The owner must conduct leak detection tests on underground tanks and piping in accordance with the second paragraph of section 8.130 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) each time one of the following occurs inexplicably:

(1)  a volume loss of at least 0.5% of the petroleum products removed from a tank or a number of tanks containing the same product over a period of 1 month;

(2)  a loss of petroleum products over at least 5 consecutive days;

(3)  a loss of petroleum products over at least 18 days in a month, if the product level is measured every day;

(4)  a loss or gain of petroleum products over at least 15 days in one month, if the product level is measured 6 days a week; or

(5)  the water level in the bottom of the tank exceeds 50 mm.

If the leak detection test indicates a leak, all defective components in the installation must be repaired or replaced and another leak detection test must be conducted.

O.C. 221-2007, s. 1.

146. The owner must inspect each year and ensure the proper operation of each fusible safety valve and automatic leak detection system according to the manufacturer’s instructions.

O.C. 221-2007, s. 1.

§ 5 . — Airport outlets

O.C. 221-2007, s. 1.

147. The owner must inspect each year the grounding system of dispensers and tanks to ensure it meets the requirements of Chapter V of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

148. The owner must inspect the inside of each tank containing aviation fuel at least once every 5 years to prevent deposit build-up.

O.C. 221-2007, s. 1.

§ 6 . — Bulk plant servicing and inspection

O.C. 221-2007, s. 1.

149. The owner must inspect each year and ensure the proper operation of each safety valve in the petroleum equipment installation.

O.C. 221-2007, s. 1.

150. The owner must carry out a visual inspection of piping and the aboveground tank once a week to ensure they are leak-proof.

O.C. 221-2007, s. 1.

151. The owner must test once a month the operating performance of valves, overflow controls, vents and fire protection devices.

O.C. 221-2007, s. 1.

152. The owner must gauge or dip tanks at least once a week and, if there has been a receipt of petroleum products, the owner must gauge or dip the tanks during the day of receipt.

O.C. 221-2007, s. 1.

153. The owner must, using the volume added and removed, reconcile the volume of petroleum products that should be in the tanks with the volume obtained by gauging; in the case of an aboveground tank having a capacity greater than 250,000 litres, the owner must also take into account the temperature of the petroleum product at the time of gauging.

O.C. 221-2007, s. 1.

DIVISION VII PROVISIONS APPLICABLE TO PETROLEUM EQUIPMENT

O.C. 221-2007, s. 1.

§ 1 . — Handling and prevention

O.C. 221-2007, s. 1.

154. The transfer of Class 1 and Class 2 petroleum products must take place at a distance of more than 5 m from a flame or any other ignition source.

O.C. 221-2007, s. 1.

155. A Class 1 petroleum product may not be used as a cleaner or solvent.

O.C. 221-2007, s. 1.

§ 2 . — Petroleum product storage

O.C. 221-2007, s. 1.

156. In addition to the provisions of this subdivision, the owner must comply with sections 8.19 and 8.20 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

157. Class 1 and Class 2 petroleum products or substances impregnated with those products must be stored in sealed containers suitable for such products.

O.C. 221-2007, s. 1.

158. Storage of petroleum products inside a building must meet,

(1)  in the case of a container, the requirements of section 4.2 of the National Fire Prevention Code of Canada - 2005, published by the Canadian Commission on Building and Fire Codes of the National Research Council of Canada;

(2)  in the case of an aboveground tank not referred to in subparagraph 3, the requirements of section 4.3 of the National Fire Prevention Code of Canada, subject to the provisions of this Chapter; and

(3)  in the case of a container in a motor fuel dispensing outlet, the requirements of section 4.6 of the National Fire Prevention Code of Canada.

Despite subparagraphs 1 and 2 of the first paragraph, storage of a petroleum product in a tank inside a building to supply a generator engine or a fuel oil system must meet the requirements of CAN/CSA Standard B139-04 Installation Code for Oil-Burning Equipment, published by the Canadian Standards Association.

O.C. 221-2007, s. 1.

§ 3 . — Containers and portable tanks

O.C. 221-2007, s. 1.

159. A container or a portable tank used for petroleum products must meet the requirements for small containers in the Transportation of Dangerous Substances Regulation (chapter C-24.2, r. 43).

O.C. 221-2007, s. 1.

160. A glass container may not be used to store a Class 1 petroleum product, except in the case of a sample of less than 1 litre.

O.C. 221-2007, s. 1.

161. A damaged container or portable tank that presents a risk of leakage must not be used to store a petroleum product and its content, if applicable, must be transferred to an undamaged container or tank.

O.C. 221-2007, s. 1.

162. Every petroleum product container to be distributed must bear, in legible letters, the name of the product it contains.

O.C. 221-2007, s. 1.

163. Red must be the dominant colour on a container used for a Class 1 petroleum product.

The word “DANGER” or “INFLAMMABLE” must be legibly marked on the container and the nature of the contents must be specified.

O.C. 221-2007, s. 1.

164. A container or a portable tank containing a petroleum product must be hermetically sealed.

In the case of a metal container or portable tank that has a pump, it is considered hermetically sealed if the pump has a vapour-tight seal.

O.C. 221-2007, s. 1.

165. A Class 1 petroleum product must be dispensed from a portable tank with a hand pump that has a hermetic seal.

O.C. 221-2007, s. 1.

§ 4 . — Tank and piping

O.C. 221-2007, s. 1.

166. In addition to the provisions of this subdivision, the owner must comply with sections 8.23 to 8.26 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

167. Nonmetallic piping must meet the requirements of any of standards ULC/ORD-C107.7-1993 Glass-Fibre Reinforced Plastic Pipe and Fittings for Flammable and Combustible Liquids, ULC/ORD-C107.4-1992 Ducted Flexible Underground Piping Systems for Flammable and Combustible Liquids and ULC/ORD-C971-2005 Nonmetallic Underground Piping for Flammable and Combustible Liquids, published by Underwriters’ Laboratories of Canada. Piping that meets the requirements of ULC/ORD Standard C971-2005 Nonmetallic Underground Piping for Flammable and Combustible Liquids must also be installed so that there are no joints in the ground.

O.C. 221-2007, s. 1.

168. Double-wall piping must consist of piping that meets the requirements of section 8.25 or 8.26 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) or section 167 of this Chapter installed inside other piping that meets the requirements of section 8.25 or 8.26 of Chapter VIII of the Construction Code or the requirements of section 167 of this Chapter, or the requirements of ULC/ORD Standard C107.19 Secondary Containment of Underground Piping for Flammable and Combustible Liquids, published by Underwriters’ Laboratories of Canada.

On a Class A site, double-wall piping must have an automatic leak detection system with a visual and audible alarm that meets the requirements of ULC/ORD Standard C107.12-1992 Line Leak Detection Devices for Flammable Liquid Piping or ULC/ORD Standard C58.14-1992 Non-Volumetric Leak Detection Devices for Underground Flammable Liquid Storage Tanks, published by Underwriters’ Laboratories of Canada.

Despite the foregoing, vent piping need not be double-wall piping.

For the purposes of the second paragraph, the following places are Class A sites:

(1)  a site within 1,000 m measured horizontally from a well used to collect drinking water for a residence that cannot be connected to a waterworks system, from the intake of a pipe used to supply a municipality with drinking water, from a channel used exclusively to supply a municipality with drinking water or from a well whose water is used in the making of a food product; and

(2)  a site within 50 m measured horizontally from a station, a tunnel or other underground structure necessary for the operation of a subway, a public building with one or more storeys situated below the ground floor or the first storey, as defined in the Public Buildings Safety Act (chapter S-3) or in its regulation, from an underground or semi-underground parking garage that may accommodate at least 6 vehicles and that requires mechanical ventilation in accordance with section 6.2.2.3 of Chapter I of the Construction Code.

O.C. 221-2007, s. 1.

169. The owner of a petroleum equipment installation must ensure that the fill pipe of the installation is identified in accordance with the requirements of section 219, except if the installation includes only one fill pipe connected to a tank in a heating system.

O.C. 221-2007, s. 1.

DIVISION VIII PROVISIONS APPLICABLE TO HIGH-RISK PETROLEUM EQUIPMENT

O.C. 221-2007, s. 1.

§ 1 . — General

O.C. 221-2007, s. 1.

170. High-risk petroleum equipment may only be used if there are portable fire extinguishers in proper working order nearby.

O.C. 221-2007, s. 1.

171. The owner must keep oil absorbents at all times on the premises where high-risk petroleum equipment is situated.

O.C. 221-2007, s. 1.

§ 2 . — Underground tanks

O.C. 221-2007, s. 1.

172. On a Class A site, as defined in section 168, the tank must have a double wall.

The double wall must have, in its interstitial space, an automatic leak detection system with a visual and audible alarm that meets the requirements of ULC/ORD Standard C58.12-1992 Leak Detection Devices (Volumetric Type) for Underground Flammable Liquid Storage Tanks or ULC/ORD Standard C58.14-1992 Non-Volumetric Leak Detection Devices for Underground Flammable Liquid Storage Tanks, published by Underwriters’ Laboratories of Canada.

The double wall must also contain, in its interstitial space, where applicable, brine composed exclusively of calcium chloride with or without potassium chloride or sodium chloride where the respective concentration does not exceed 42%, 3% and 2%.

O.C. 221-2007, s. 1.

173. On a Class B site, a tank must have an automatic leak detection system.

For the purposes of the first paragraph, the following sites are Class B sites:

(1)  a site within 1,000 m measured horizontally from a water intake or from a well used for purposes other than those in subparagraph 1 of the fourth paragraph of section 168;

(2)  a site within 50 m measured horizontally from a watercourse, lake, pond or any other comparable body of water or from an area subject to a 20-year flood event as indicated on the land use planning and development plans or in an interim control by-law adopted under the Act respecting land use planning and development (chapter A-19.1); and

(3)  a site within 50 m but not more than 150 m measured horizontally from a subway station or tunnel, an underground public area or an underground parking garage.

O.C. 221-2007, s. 1.

174. Every excavation in which a tank has been installed since 11 July 1991 must have an observation well, unless the petroleum equipment installation was erected between 30 April 1999 and 1 April 2007 and meets the requirements of sections 8.29 and 8.78 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2). If two underground tanks are less than 1.5 m apart, at least one observation well must be installed.

The well must consist of a perforated pipe at least 150 mm in diameter installed vertically, extending down at least below the bottom of the tanks, and be accessible from the ground. The pipe must also be enclosed inside a permeable lining if it is buried in sand.

O.C. 221-2007, s. 1.

175. An owner who ceases to remove petroleum products from an underground tank for a period of at least one week but less than 180 days must

(1)  lock the fill and gauge pipe caps and covers and motor fuel dispensers and lock the main electrical control; and

(2)  gauge each tank every week.

O.C. 221-2007, s. 1.

176. An owner who ceases to remove petroleum products from an underground tank for a period of 180 days or more but less than 2 years must

(1)  empty the tanks, piping, motor fuel dispensers and pumps of Class 1 petroleum products and, if calculations confirm that the groundwater may lift a tank, the owner must fill the tank with a petroleum product other than a Class 1 product;

(2)  lock the fill and gauge pipe caps and covers and motor fuel dispensers and lock the main electrical control; and

(3)  gauge each tank containing a petroleum product every month.

O.C. 221-2007, s. 1.

177. An owner who ceases permanently to remove petroleum products from an underground tank or who has not removed petroleum products for 2 years or more must comply with section 8.45 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

Subject to section 31.51 of the Environment Quality Act (chapter Q-2), the owner may, however, comply only with paragraph 1 of section 8.45 if not more than 5 years have elapsed since petroleum products were last removed from the tank and one of the following tests shows that the tank and piping are leak-proof:

(1)  a leak detection test that meets the requirements of the second paragraph of section 8.130 of Chapter VIII of the Construction Code; and

(2)  for single or double-wall tanks emptied of any petroleum products, a pressure test using an inert gas performed in compliance with the following requirements:

(a)  a safety valve set at not more than 40 kPa capable of discharging the flow from the pressure source must be installed on a tank opening and its operation must be inspected before each test;

(b)  the pressure must be measured using a pressure gauge calibrated in units of not more than 1 kPa;

(c)  a pressure of at least 30 kPa and not more than 35 kPa must be created inside the tank;

(d)  once the temperature has been stabilized and the pressure source removed, the created pressure must be maintained for at least 4 hours; and

(e)  in the case of a compartment tank, each compartment must be tested separately, not simultaneously and only when the adjacent compartment is not under pressure.

O.C. 221-2007, s. 1.

178. An owner of underground petroleum equipment who has ceased to remove petroleum products from the equipment for more than one year must conduct a leak detection test that meets the requirements of the second paragraph of section 8.130 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) before using the equipment.

O.C. 221-2007, s. 1.

179. The owner of a site where underground petroleum equipment is installed must, before assigning rights to the site, inform the assignee in writing of tank and piping siting and of the length of time the equipment has not been used.

O.C. 221-2007, s. 1.

180. Despite the second and third paragraphs of section 111, an underground tank removed from the ground may not be reused for storing petroleum products underground unless the requirements of section 8.44 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) are met.

O.C. 221-2007, s. 1.

181. An underground tank may be abandoned on its site if the requirements of section 8.46 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) are met.

O.C. 221-2007, s. 1.

§ 3 . — Aboveground tanks

O.C. 221-2007, s. 1.

182. In addition to the provisions of this subdivision, the owner must comply with sections 8.49 to 8.53, 8.56, 8.57, paragraph 4 of section 8.62 and sections 8.64 and 8.65 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

183. Siting of an aboveground tank must meet the requirements of section 8.48 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) with the references in Table 2 of that section to sections 8.60 and 8.61 replaced by references to sections 188 and 189 of this Chapter respectively.

O.C. 221-2007, s. 1.

184. Openings for gauging aboveground tanks intended to store Class 1 petroleum products must be provided with a vapour-tight cap or cover that must remain closed at all times except for gauging.

O.C. 221-2007, s. 1.

185. The intake end of a fill pipe for an aboveground tank must have a device that prevents its opening by any person not authorized by the owner of the equipment.

O.C. 221-2007, s. 1.

186. The shut-off valve required under section 8.57 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) must remain closed and locked when the facility is closed except the shut-off valve on an installation supplying a heating system or a generator engine.

O.C. 221-2007, s. 1.

187. An aboveground tank that has a heating appliance must have thermometers and thermostats in proper working order so that the temperature of the product it contains is maintained at least 10 °C below its flash point.

O.C. 221-2007, s. 1.

188. An aboveground tank installed after 11 July 1991 must meet the requirements of section 8.60 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

189. The dike required under section 188 is not required if the tank meets the requirements of section 8.61 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

190. The dike around a tank must not be higher than 1.8 m from the bottom of the diked area, except in the case of a bulk plant dike erected before 1 January 1973.

O.C. 221-2007, s. 1.

191. The inside wall and the bottom of the diked area of a petroleum equipment installation erected after 30 April 1999 must meet the requirements of paragraph 5 of section 8.62 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2). The owner must also comply with the requirements of section 8.63 of Chapter VIII of that Code.

O.C. 221-2007, s. 1.

192. The water in the diked area of an aboveground tank must be drained by a drainage system such as a sump or channel located at its lowest point having a valve kept closed that allows drainage of water.

The valve control for the drainage system must be accessible at all times.

The water must be channelled into an oil interceptor with a separator before disposal.

Water drained from an aboveground tank must be channelled directly into an oil interceptor with a separator before disposal.

O.C. 221-2007, s. 1.

193. No combustible material, container or portable tank may be located inside a diked area.

Vegetation to prevent soil erosion inside a diked area must be maintained in such manner that it does not contribute to a fire spreading.

O.C. 221-2007, s. 1.

194. Despite the second paragraph of section 111, the tank in a petroleum equipment installation may not be used to store a product other than a petroleum product, unless the diked area of the installation meets the requirements of paragraph F of section 4.3.2.3.2 of NFPA Standard 30-2003 Flammable and Combustible Liquids Code, published by the National Fire Protection Association.

O.C. 221-2007, s. 1.

195. An owner who ceases to remove petroleum products from an aboveground tank for a period of at least one week but less than 180 days must gauge the tank every week.

O.C. 221-2007, s. 1.

196. An owner who ceases to remove petroleum products from an aboveground tank for a period of 180 days or more but less than 2 years must

(1)  drain all petroleum products from the tank, piping, loading and unloading equipment and leak and spill protection equipment;

(2)  lock the fill and gauge pipe caps and covers and any other opening in an installation that contains a petroleum product, and lock the loading and unloading equipment and the main electrical control;

(3)  condemn the stairs, walkways and other construction giving access to the roof of a tank; and

(4)  permanently open the dike drainage valve if the dike contains only 1 tank.

O.C. 221-2007, s. 1.

197. An owner who permanently ceases to remove petroleum products from an aboveground tank or has not removed products for 2 years or more must

(1)  drain petroleum products from the tank, piping and loading and unloading equipment; and

(2)  remove the tank, piping, motor fuel dispensers, loading and unloading equipment and leak and spill protection equipment in accordance with the requirements of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

In the case of a marine bulk plant, a tank supplying heating appliances or a storage system in a designated location, the requirement in subparagraph 2 of the first paragraph applies only if petroleum products have not been removed from the tank for more than 5 years.

O.C. 221-2007, s. 1.

198. Before taking a tank out of service, an aboveground tank must be purged of any petroleum products vapour.

O.C. 221-2007, s. 1.

199. Despite the second and third paragraphs of section 111, an aboveground tank or piping component may not be reused for storing petroleum products aboveground unless the requirements of section 8.67 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) are met.

O.C. 221-2007, s. 1.

200. Despite the second and third paragraphs of section 111, any tank removed that is not to be reused or that cannot be reused under the requirements of section 8.67 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) must be demolished in accordance with section 8.68 of Chapter VIII of that Code.

O.C. 221-2007, s. 1.

§ 4 . — Piping

O.C. 221-2007, s. 1.

201. In addition to the provisions of this subdivision, the owner must comply with sections 8.72 to 8.74, 8.80, 8.93, 8.95 to 8.98, 8.100, 8.103, 8.104, the second paragraph of section 8.107, sections 8.108, 8.109, 8.111, 8.113, 8.115, paragraphs 1 to 4 of section 8.116, sections 8.117 to 8.119, 8.121 to 8.125, 8.127 and 8.128 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

202. Except in the case of piping supplying a marine bulk plant, every petroleum equipment installation erected after 19 May 1984 must meet the requirements of section 8.71 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

203. Aboveground piping for petroleum products must meet the requirements of section 8.77 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

204. Any underground portion of piping connected to an underground tank installed after 11 July 1991 on a Class A site referred to in the fourth paragraph of section 168 must have a double wall that meets the requirements of the first paragraph of that section. The piping must also be connected at its lowest point to a leak-proof collector well having an automatic leak detection system with a visual and audible alarm that meets the requirements of the second paragraph of that section.

O.C. 221-2007, s. 1.

205. Aboveground tanks installed after 11 July 1991 must have safety vent piping that meets the requirements of section 8.102 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

206. Petroleum product velocity in aboveground piping must not exceed 2.5 m/s, unless the piping is directly connected to a marine wharf.

If the piping is insulated, the insulation must be non-combustible.

O.C. 221-2007, s. 1.

207. Aboveground piping for petroleum products must be identified to indicate its contents.

The piping may not be red in colour.

O.C. 221-2007, s. 1.

208. Each time a petroleum product is found on aboveground piping or on the ground, or a leak is suspected, the piping must be subjected to a leak detection test in accordance with section 8.110 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

209. Aboveground piping must be supported and located so as to reduce vibration and stress to a minimum.

The piping must also be protected by barriers in areas subject to vehicle impact.

O.C. 221-2007, s. 1.

210. Aboveground indoor piping that is to contain petroleum products must be supported overhead or be located in a trench; it may not be installed under combustible flooring.

The trench referred to in the first paragraph must have trapped drains or positive ventilation to the outdoors preventing the accumulation of flammable vapours.

The aboveground piping must be located close to the ceiling or beams, or along walls, not less than 1.8 m above the floor.

O.C. 221-2007, s. 1.

211. No open flame is to be used to heat piping containing petroleum products.

O.C. 221-2007, s. 1.

212. An aboveground tank must be filled using vapour-tight connections; that requirement does not apply when filling a fuel oil tank connected to heating equipment.

O.C. 221-2007, s. 1.

213. Every fill pipe on a tank for storing motor fuel, except fill pipes on a tank connected to a generator engine using diesel or biodiesel fuel, must extend to a distance of not more than 200 mm from the bottom of the tank.

O.C. 221-2007, s. 1.

§ 5 . — Replacement and servicing

O.C. 221-2007, s. 1.

214. In addition to the provisions of this subdivision, the owner must comply with section 8.47 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

215. Every high-risk underground steel tank that is not protected against corrosion according to the standard or document mentioned in section 8.42 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) as well as steel piping not protected against corrosion that is connected to the tank must be removed from the ground if the tank does not meet the requirements of ULC/ORD Standard C58.10-1992 Jacketed Steel Underground Tanks for Flammable and Combustible Liquids, published by the Underwriters’ Laboratories of Canada.

Despite the foregoing, the owner is not required to remove the piping from the ground if a leak detection test complying with the second paragraph of section 8.130 of Chapter VIII of the Construction Code indicates that the piping is leak-proof and the piping is protected against corrosion according to the requirements of RP0 Standard 169-2002 Control of External Corrosion on Underground or Submerged Metallic Piping Systems or RP0 Standard 285-2002 Corrosion Control of Underground Storage Tank System by Cathodic Protection, published by NACE International.

In addition, the owner is not required to remove a tank installed before 11 July 1991 from the ground immediately if the evaluation of the tank condition, as provided for in Schedule I, falls within any of zones 2 to 4 of the graph in the Schedule. The tank must then be removed not later than the time specified in paragraph 3 of the Schedule.

O.C. 221-2007, s. 1.

216. If a petroleum product leaks out of steel underground piping that is not protected against corrosion, and the tank connected to the piping is not required to be removed from the ground according to the requirement of section 215, the entire length of the piping must be removed.

O.C. 221-2007, s. 1.

217. The owner must subject the petroleum equipment to a leak detection test in accordance with the second paragraph of section 8.130 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) if, for an unknown reason, an event causes a leak or the presence of a petroleum product or petroleum product vapours in the vicinity of the equipment.

If the leak detection test indicates a leak, all defective components in the installation must be repaired or replaced and another leak detection test must be performed.

O.C. 221-2007, s. 1.

DIVISION IX PROVISIONS APPLICABLE TO MOTOR FUEL DISPENSING OUTLETS AND SERVICE CENTRES

O.C. 221-2007, s. 1.

§ 1 . — General

O.C. 221-2007, s. 1.

218. In addition to the provisions of this subdivision, the owner must comply with sections 8.134, 8.135, 8.136, except with respect to aboveground tanks, the first paragraph of section 8.139, sections 8.140, 8.142, 8.143, 8.146, 8.148, 8.151, the first paragraph of section 8.153, sections 8.154 and 8.156 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

219. Every valve on an aboveground line connected to a tank, every end of a petroleum product line and every fill pipe must be identified in accordance with the document entitled Using the CPPI Colour-Symbol System to Mark Equipment and Vehicles for Product Identification, published by the Canadian Petroleum Products Institute.

O.C. 221-2007, s. 1.

220. Petroleum equipment may be used only if 2 fire extinguishers suitable for extinguishing petroleum product fires are kept on the premises.

The fire extinguishers must be accessible, have an effective total rating equivalent to at least 20-B,C and be maintained in proper working order. One extinguisher must be located less than 10 m from the dispensing areas.

O.C. 221-2007, s. 1.

221. The owner must keep oil absorbents on the premises of a motor fuel dispensing outlet or a service centre.

O.C. 221-2007, s. 1.

222. A fuelling area used to dispense motor fuel after sunset must be lighted.

O.C. 221-2007, s. 1.

223. No vehicle may be fuelled if it is not parked inside a fuelling area.

O.C. 221-2007, s. 1.

224. A vehicle may not be fuelled with a Class 1 petroleum product while the engine is running.

That requirement also applies in the case of a vehicle fuelled with a Class 2 petroleum product if the dispenser is located at a distance of less than 8 m measured horizontally from a dispenser for a petroleum product referred to in the first paragraph.

No person may smoke or light a flame within 7.5 m of a dispenser within a servicing area for the fuel supply system of an internal combustion engine, within an area in which Class 1 or Class 2 petroleum products are received or transferred, or inside a booth completely or partially within a dispensing area.

O.C. 221-2007, s. 1.

225. Every motor fuel dispenser for a Class 1 or Class 2 petroleum product must meet the requirements of CSA Standard B346-M1980 Power-Operated Dispensing Devices for Flammable Liquids, published by the Canadian Standards Association.

In the case of an aviation fuel dispenser, all components must be suitable for such a product.

O.C. 221-2007, s. 1.

226. Every fuelling area must meet the requirements of section 8.144 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2); the sizes required in the first paragraph of that section apply only to a fuelling area sited or altered after 26 February 1996.

O.C. 221-2007, s. 1.

227. A motor fuel dispenser in a fuel dispensing outlet must comply with the clearances in the following Table 1:

TABLE 1

MOTOR FUEL DISPENSER CLEARANCES (M)

                        Dispensing     Unattended    Marina     User      Airport
                          outlet       self-serve    outlet     outlet    outlet

From a building, 
except a booth             4.5(1)           6(2)         5          1(3)       15

From property lines        4.5(1)           6(2)       4.5(1)      4.5(3)       15

From a stationary  
ignition source            —               —           8        7.5(3)       —

From a building opening   
other than a booth 
opening                    —               —           —        4.5(3)       —

From a dock, wharf, pier
or pontoon or
approach thereto           —               —           5         —          5
   

(1) A dispenser installed before 1973 need not be relocated or may be replaced by another dispenser at the same place if the dispenser has the same number of dispensing hoses and dispenses the same number of products. In the case of a marina outlet, the shore is not to be considered a property line.

(2) If a petroleum equipment installation was installed or altered between 1973 and 19 May 1984, clearance of the motor fuel dispenser must be at least 4.5 m. A dispenser installed before 1973 need not be relocated or may be replaced by another dispenser at the same place if the dispenser has the same number of dispensing hoses and dispenses the same number of products.

(3) A dispenser installed before 11 July 1991 need not be relocated or may be replaced by another dispenser at the same place if the dispenser has the same number of dispensing hoses and dispenses the same number of products.

In addition, clearances must be increased, if necessary, so that any vehicle to be fuelled from that dispenser is completely within the property lines of the place where the dispenser is located.

O.C. 221-2007, s. 1.

228. A motor fuel dispenser installed after 31 March 2007 must satisfy the requirements of section 8.147 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

Despite section 227, a motor fuel dispenser installed inside a building before 1 April 2007 must meet the following conditions:

(1)  the dispensing area must have a continuous mechanical ventilation system electrically connected to the dispenser in such manner that the dispenser may only operate while the ventilation is operating at full capacity; and

(2)  the dispensing area must be protected by an automatic dry-chemical fire extinguishing system.

O.C. 221-2007, s. 1.

229. Every submersible pump in a motor fuel dispensing outlet and every tank situated at a level higher than the base of a motor fuel dispenser must have a fusible safety valve set not higher than 70 °C firmly attached to the island.

The shear point of the valve must be situated in the zone extending from 25 mm below the base of the dispenser to 13 mm above the base.

O.C. 221-2007, s. 1.

230. If a motor fuel dispenser pump is not installed inside the dispenser, the pump must have a leak detection device.

The operation of the device must be inspected annually according to the method recommended by the manufacturer.

O.C. 221-2007, s. 1.

231. Every pit for a submersible pump or the piping of a submersible pump installed in a motor fuel dispensing outlet after 30 April 1999 must be enclosed in a liquid-tight casing resistant to petroleum products.

The casing must be covered, located and serviced in such manner as to prevent external loads being transmitted to the pump, tank or piping.

The pit must be large enough to enable the pump to be inspected and serviced.

O.C. 221-2007, s. 1.

232. The owner of a motor fuel dispensing outlet must ensure that the person fuelling a vehicle activates the dispensing nozzle manually.

A dispensing nozzle with a latch-open device may not be used in a self-serve facility, an airport outlet or a marina outlet.

O.C. 221-2007, s. 1.

233. Every hose to be used for dispensing a Class 1 or Class 2 petroleum product must meet the requirements of CAN/ULC Standard S612-99 Hose for Flammable and Combustible Liquids, published by Underwriters’ Laboratories of Canada, or be of a type used for aviation fuel, at an airport outlet.

O.C. 221-2007, s. 1.

§ 2 . — Service stations and service centres

O.C. 221-2007, s. 1.

234. A Class 1 petroleum product may be transferred inside a service area in a building that has a basement, a pit or other sunken area where flammable vapours may accumulate only if the areas have continuous mechanical ventilation.

O.C. 221-2007, s. 1.

235. The owner of a service station or service centre must ensure that no tank truck containing a Class 1 petroleum product or vapours of such product is parked inside a service area unless the vehicle is being serviced.

O.C. 221-2007, s. 1.

236. Petroleum equipment may be used in or near a building housing a service station or a service centre if

(1)  the hazardous areas listed in Schedule II to Chapter VIII of the Construction Code (chapter B-1.1, r. 2) are separated from any room housing a solid or liquid fuel or gas heating appliance by walls having a fire-resistance rating of at least one hour within the meaning of Chapter I of the Construction Code;

(2)  the room containing such a heating appliance does not

(a)  have an opening less than 2.5 m from the floor; and

(b)  is not used to store a Class 1 or Class 2 petroleum product or as a service area for work on the fuel supply system of internal combustion engines or to dispense, transfer or handle Class 1 petroleum products; the bottom of the combustion chamber of the heating appliance must be at least 500 mm above the floor and the appliance must be protected from impact;

(3)  the combustion air necessary for the appliance comes from outside the building;

(4)  the return air intake of a forced-air heating appliance is at least 1.25 m from the floor if it is located in a room listed as a hazardous area in Schedule II to Chapter VIII of the Construction Code; and

(5)  the burner and the combustion chamber of the equipment are at least 2.5 m from the floor in any area where Class 1 petroleum products are dispensed, transferred or handled.

O.C. 221-2007, s. 1.

§ 3 . — Self-serve facilities

O.C. 221-2007, s. 1.

237. In addition to the provisions of this subdivision, the owner must comply with sections 8.159 to 8.164 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

238. Every motor fuel dispenser used at a self-serve facility must have a remote on and off control of a console type located inside a building.

The control must be in the off position at all times except when the dispensing nozzle is used for dispensing motor fuel.

O.C. 221-2007, s. 1.

239. No sign may indicate to a self-serve facility customer using a motor fuel dispenser after 28 September 2007 that the customer must reduce the flow after the automatic triggering of the dispensing nozzle.

O.C. 221-2007, s. 1.

240. The owner must ensure that

(1)  the attendant need not control more than one console;

(2)  the attendant has direct access at all times from the work station to the motor fuel dispenser console;

(3)  the attendant carrying on duties unrelated to the sale of petroleum products does not move away from the console; and

(4)  the provisions of sections 154, 159 to 161, 224 and subparagraph 1 of the first paragraph of section 8.153 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) are complied with.

O.C. 221-2007, s. 1.

241. In the event of a spill or a fire, the owner must ensure that the attendant uses the emergency master control to shut off all dispensers until the danger of fire has passed or the fire is under control.

O.C. 221-2007, s. 1.

§ 4 . — Unattended self-serve facilities

O.C. 221-2007, s. 1.

242. In addition to the provisions of this subdivision, the owner must comply with sections 8.165 to 8.168 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

243. The owner must ensure that motor fuel being dispensed in an unattended self-serve facility is reserved for commercial vehicles and is dispensed only by a customer or the attendant authorized for that purpose in writing by the owner.

When motor fuel is being dispensed, the requirements of sections 154, 159 to 161, 224 and subparagraph 1 of the first paragraph of section 8.153 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) must be met.

O.C. 221-2007, s. 1.

244. Two dry-chemical extinguishers each having a rating of 20-B,C and an accessible emergency control able to shut off pump operation must be located at a distance of not more than 18 m from an unattended self-serve motor fuel dispenser.

O.C. 221-2007, s. 1.

§ 5 . — Marina outlets

O.C. 221-2007, s. 1.

245. In addition to the provisions of this subdivision, the owner must comply with sections 8.170, 8.172, 8.175 and 8.177 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

246. Every petroleum product piping installed on a dock, wharf, pier or pontoon must be protected, where applicable, from impact such as impact from a water craft or seaplane.

O.C. 221-2007, s. 1.

247. Every motor fuel dispenser used at a marina outlet must have a safety valve that meets the requirements of section 229.

O.C. 221-2007, s. 1.

248. Every tank for storing petroleum products exposed to ground water or to flood conditions must be anchored to prevent displacement.

O.C. 221-2007, s. 1.

249. Every aboveground tank for storing motor fuel must be surrounded by a dike or have a diked area or double wall and a fence if the tank is used for commercial purposes.

In addition, the dike, diked area, double wall and fence must meet the requirements of paragraph 1 of section 8.61, paragraphs 1, 2 and 4 of section 8.62 and paragraphs 1 and 2 of section 8.217 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) and the requirements of sections 190, 191 and the first paragraph of section 192 of this Chapter.

O.C. 221-2007, s. 1.

§ 6 . — Airport outlets

O.C. 221-2007, s. 1.

250. In addition to the provisions of this subdivision, the owner must comply with paragraphs 4 and 5 of section 8.178, sections 8.179, 8.180, 8.182 to 8.185 and 8.187 to 8.189 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

251. Every airport outlet tank for storing aviation fuel installed after 11 July 1991 must meet the following requirements:

(1)  have a manhole;

(2)  if the tank is fibreglass, all its metallic components must be bonded; and

(3)  have at least a 1% slope.

O.C. 221-2007, s. 1.

252. The owner must ensure that fuelling and motor fuel controls meet the requirements of CAN/CSA Standard B836-2005 Storage, Handling and Dispensing of Aviation Fuel at Aerodromes, published by the Canadian Standards Association.

O.C. 221-2007, s. 1.

253. Every facility for dispensing aviation fuel must have a ground.

O.C. 221-2007, s. 1.

254. The owner of high-risk petroleum equipment must visually inspect the piping each month and conduct an annual hydrostatic test at a minimum pressure of one and one half times the normal operating pressure on the piping used for transferring aviation fuel.

O.C. 221-2007, s. 1.

255. The requirements of sections 8.170, 8.172, 8.175 and 8.177 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) and the requirements of section 227 with respect to the distance between a fuel dispenser and a dock, wharf, pier or pontoon or approach thereto, and section 247 of this Chapter also apply to an airport outlet from which a plane is fuelled on a body of water.

O.C. 221-2007, s. 1.

§ 7 . — User outlets

O.C. 221-2007, s. 1.

256. In addition to section 257, the owner must comply with section 8.191 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

257. If a motor fuel dispenser is left unattended, a control located inside the building or kept outdoors under key must prevent the dispenser from operating.

O.C. 221-2007, s. 1.

DIVISION X PROVISIONS APPLICABLE TO BULK PLANTS

O.C. 221-2007, s. 1.

§ 1 . — General

O.C. 221-2007, s. 1.

258. In addition to the provisions of this subdivision, the owner must comply with sections 8.192 to 8.194 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

259. The owner must post a conspicuous sign at the main gate indicating the owner’s name, address and telephone number or that of the owner’s authorized agent.

O.C. 221-2007, s. 1.

260. The telephone numbers of the police, fire department and ambulance services must be posted by the owner in a conspicuous manner in the main building of a bulk plant.

O.C. 221-2007, s. 1.

261. Notices indicating where the emergency controls are located and giving instructions in the handling of the firefighting equipment must be posted by the owner in a conspicuous manner on loading ramps and near emergency controls.

O.C. 221-2007, s. 1.

§ 2 . — Loading and unloading installations

O.C. 221-2007, s. 1.

262. In addition to the provisions of this subdivision, the owner must comply with sections 8.195, 8.198 to 8.202 and 8.204 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

263. No combustible material may be placed at a distance of less than 5 m from a loading or unloading facility or from filling or gauging pipes.

O.C. 221-2007, s. 1.

264. Every hose used for dispensing a petroleum product in a container of not more than 225 litres designed to be moved must have a dispensing nozzle of non-magnetic material provided with a manual trigger and an automatic shut-off.

The trigger must be kept open manually when in use.

O.C. 221-2007, s. 1.

265. Every installation used for loading and unloading must have a ground, an electric conductor and a clip making it possible to ground the cargo tank.

In the case of a key-operated bulk plant, an installation erected after 19 May 1984 must permit the flow of petroleum products only if the grounding has been effected.

O.C. 221-2007, s. 1.

266. Every installation used for filling a tank truck or a tank car by bottom loading must meet the requirements of section 8.206 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) and the presettable meter of the installation must be used during such loading.

O.C. 221-2007, s. 1.

267. The portion of the loading and unloading zones of a bulk plant laid out for the parking of a cargo tank during loading or unloading must,

(1)  in the case of Class 1 or Class 2 petroleum products, have a collection system for collecting those products; the system must consist of a concrete apron, an oil separator and a drain connecting the apron and the separator; or

(2)  in the case of Class 3 petroleum products or Class 1, Class 2 or Class 3 petroleum products in bulk plants located north of the 53rd parallel and bulk plants located in a designated location, be liquid-tight and laid out in such manner that a spilled product remains confined.

O.C. 221-2007, s. 1.

268. Loading and unloading zones built after 19 May 1984 for tank cars must be liquid-tight and laid out in such manner that a spilled product remains confined.

O.C. 221-2007, s. 1.

§ 3 . — Pumping

O.C. 221-2007, s. 1.

269. In addition to section 270, the owner must comply with sections 8.209 to 8.216 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

270. An internal combustion engine may not be used to operate a pump at a bulk plant.

O.C. 221-2007, s. 1.

§ 4 . — Fencing

O.C. 221-2007, s. 1.

271. In addition to section 272, the owner must comply with section 8.217 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2).

O.C. 221-2007, s. 1.

272. The areas around the gate of a bulk plant must be kept free of obstacles.

O.C. 221-2007, s. 1.

§ 5 . — Safety of operations

O.C. 221-2007, s. 1.

273. The owner of a bulk plant must ensure that

(1)  the receiving tank of the installation is designed to hold the volume intended for it;

(2)  the grounding device of the tank is connected to the cargo tank before a petroleum product is transferred into an aboveground tank; and

(3)  the ventilation of the tank is satisfactory and that there is no leak in the supply line during the transfer of a petroleum product.

O.C. 221-2007, s. 1.

274. A petroleum product must be removed from a bulk plant tank in such manner that internal tank pressure is not increased.

O.C. 221-2007, s. 1.

275. The owner of a bulk plant must ensure that no petroleum product is transferred into the cargo tank of a vehicle while its engine is running.

O.C. 221-2007, s. 1.

276. The owner of a bulk plant must have in accessible places at least 2 fire extinguishers in proper working order, each having a capacity equivalent to 20-B,C.

O.C. 221-2007, s. 1.

277. If a bulk plant is not under the supervision of the owner during normal operating hours, all loading and unloading valves, water drain valves, fill pipes, pump controls and gates must be locked, except electric remote-control valves.

Outside normal operating hours, shut-off valves in the proximity of aboveground tanks must also be closed and locked.

O.C. 221-2007, s. 1.

278. A key-operated installation for loading tank trucks or tank cars supplied by the aboveground tank at a bulk plant must have a remote-control shut-off valve that opens only when the motor of the loading pump is operating.

The valve must be located at the outlet of the tank in such manner as to meet the requirements of section 277 if the bulk plant is not under the continuous supervision of the owner.

O.C. 221-2007, s. 1.

279. The owner of high-risk petroleum equipment must provide each attendant at a bulk plant with instructions for operating the bulk plant under normal and emergency conditions.

In the case of a bulk plant that has key-operated dispensing or loading devices, the owner must also provide the instructions to each person having a key.

In addition, the instructions must be posted in the main building of the bulk plant.

O.C. 221-2007, s. 1.

280. The owner of high-risk petroleum equipment must inform attendants at each shift change of any tests to be carried out.

A list of the tests must also be posted on the site.

O.C. 221-2007, s. 1.

281. A motor fuel tank may fuel the engine of a vehicle inside a bulk plant only if the vehicle is used in the operation of the plant.

O.C. 221-2007, s. 1.

282. No product other than a petroleum product or a petroleum product additive may be transferred at a loading ramp for petroleum products.

O.C. 221-2007, s. 1.

DIVISION XI OFFENCES

O.C. 221-2007, s. 1.

283. Every contravention of any of the provisions of this Chapter, except section 130, constitutes an offence.

O.C. 221-2007, s. 1.

CHAPTER VII AMUSEMENT RIDES AND DEVICES

O.C. 363-2012, s. 1.

DIVISION I INTERPRETATION

O.C. 363-2012, s. 1.

284. In this chapter, unless the context indicates otherwise,

“Code” means CSA Standard CAN/CSA Z267-00, Code de sécurité concernant les jeux et les manèges, including Appendix C concerning tests, and CSA Standard CAN/CSA Z267-00, Safety Code for Amusement Rides and Devices, including Appendix C concerning tests, published by the Canadian Standards Association, referred to in Chapter IX of the Construction Code made under the Building Act (chapter B-1.1) and as amended by Division VIII of that Chapter.

O.C. 363-2012, s. 1.

DIVISION II APPLICATION

O.C. 363-2012, s. 1.

285. Subject to the exemptions referred to in Chapter IX of the Construction Code (chapter B-1.1, r. 2), the Code and this Chapter apply to every amusement ride or device covered by the Code and designated as a facility intended for use by the public in section 9.03 of the Construction Code, including their vicinity.

O.C. 363-2012, s. 1.

DIVISION III PROVISIONS APPLICABLE TO ALL AMUSEMENT RIDES AND DEVICES

O.C. 363-2012, s. 1.

§ 1 . — General

O.C. 363-2012, s. 1.

286. Every amusement ride or device must be used for the use for which it is intended and maintained in proper and safe working order at all times.

O.C. 363-2012, s. 1.

287. The vicinity of an amusement ride or device may not be altered in such manner that the amusement ride or device no longer complies with Chapter IX of the Construction Code (chapter B-1.1, r. 2).

O.C. 363-2012, s. 1.

288. Every amusement ride or device must be used so that it does not constitute a fire or accident hazard that could cause injury or death.

The required rectification must be made if the operating conditions of an amusement ride or device are hazardous due, in particular, to alteration, modification, intensive use, wear and tear, obsolescence or breakdown.

O.C. 363-2012, s. 1.

289. The owner of an amusement ride or device must ensure that

(1)  the amusement ride or device has protection devices that ensure the safety of persons who have access to the amusement ride or device or who use it; and

(2)  no safety device is removed or altered without the manufacturer’s authorization.

O.C. 363-2012, s. 1.

290. An amusement ride or device must be installed and used so that it does not exceed the operating limits specified by the designer or manufacturer or be equipped, to that effect, with a speed limiting device.

O.C. 363-2012, s. 1.

291. No part of an amusement ride or device is to come nearer to an electrical conductor of more than 750 V than the distance specified in the following table:

Voltage (in volts)                                    Distance (in metres)

Less than 125,000                                               5
 125,000 or more                                               30

Services and distribution of electric power, grounding and bonding of equipment, wiring methods and equipment, single-conductor cables, as well as motors and other electrical equipment of portable amusement rides and devices are made under the provisions of Section 66 of CSA C22.1 Canadian Electrical Code, Part 1, as modified and adopted under Chapter V – Electricity of the Construction Code.

O.C. 363-2012, s. 1.

§ 2 . — Technical provisions

O.C. 363-2012, s. 1.

292. The owner of an amusement ride or device must ensure that the requirements concerning support and blocking referred to in Clause 4.3.2.2 of the Code are complied with during its operation.

O.C. 363-2012, s. 1.

293. The owner of an amusement ride or device must ensure that the requirements concerning the seats referred to in Clause 5.3.1 of the Code are complied with during its operation.

O.C. 363-2012, s. 1.

294. Amusement rides or devices must be equipped with a device to restrain passengers under all loading and operating conditions planned for the amusement ride or device, in compliance with ASTM Standard ASTM F2291-04, Standard Practice for Design of Amusement Rides and Devices, published by the American Society for Testing and Materials. The restraining device must be of a type that cannot be inadvertently released when the amusement ride is in operation and be inaccessible to passengers.

O.C. 363-2012, s. 1.

295. The owner of an amusement ride or device must ensure that the requirements concerning clearance referred to in Clause 5.3.3 of the Code are complied with during its operation. The following clearances are considered to comply with the requirements of Clause 5.3.3:

(1)  600 mm between a structural member and any point of the vehicle in contact with the passenger;

(2)  1,200 mm of vertical clearance between the seat and any fixed structural member located above such seat; and

(3)  2,000 mm of vertical clearance between the floor in front of the seat and any fixed structural member located above such floor, where the passenger is not restrained in the vehicle seat.

This section does not apply to a vehicle which is enclosed or has an openwork wire mesh preventing a 38-mm diameter spherical object from going through or 50-mm in the case of an amusement device to be used solely by adults.

O.C. 363-2012, s. 1.

296. A rope tensioning device must be designed so that it will not release itself during the operation of an amusement ride or device and be equipped with a manual reset slack rope device.

O.C. 363-2012, s. 1.

297. An amusement ride or device must be equipped with devices to prevent the vehicles from making translatory or rotary movements when they are at a standstill in the loading or unloading area or be equipped, to that effect, with a parking brake, except in the case of a vehicle composed of a suspended seat.

O.C. 363-2012, s. 1.

298. A vehicle designed to be towed and each drive mechanism of such a vehicle must be equipped with backstop devices preventing any vehicle in the towing zone from moving back more than 150 mm.

O.C. 363-2012, s. 1.

299. Where a suspension or coupling device for a vehicle or any other moving part of an amusement ride or device is used as a single retainer, a safety retainer must be installed on the vehicle or on the moving part to ensure the safety of users, unless the single coupling device has a safety factor of at least 10.

O.C. 363-2012, s. 1.

300. Glazing used in a vehicle must be certified as complying with CGSB Standard CAN/CGSB-12.1-M90, Tempered or Laminated Safety Glass, or CGSB Standard CAN/CGSB-12.12-M90, Plastic Safety Glazing Sheets, published by the Canadian General Standards Board (CGSB).

O.C. 363-2012, s. 1.

DIVISION IV SPECIAL PROVISIONS APPLICABLE TO CERTAIN AMUSEMENT RIDES OR DEVICES

O.C. 363-2012, s. 1.

§ 1 . — Roller coaster rides

O.C. 363-2012, s. 1.

301. Every amusement ride or device of the “roller coaster ride” type must comply with the following requirements:

(1)  be installed so as to allow for the presence of only one vehicle or only one train of vehicles, at the same time, in the space between each braking system along its path;

(2)  the nuts used to lock the wheels of a vehicle must be of the castle type and be locked with cotter pins;

(3)  every coupling device for vehicles must be locked, and any bolts, nuts or locks that are used must be equipped with a wire to prevent loosening or disengaging; and

(4)  operating controls must be located so as to allow the operator to monitor the entire loading and unloading area.

O.C. 363-2012, s. 1.

§ 2 . — Flume rides

O.C. 363-2012, s. 1.

302. Every amusement ride or device equipped with a sloping channel and a receptacle basin which uses water to generate or reduce the speed of a vehicle must be provided with devices allowing for the control of the water level of the basin and the water flow of the flume’s feed pump.

In addition, the devices must automatically stop the operation of the amusement ride or device if the water level or flow does not comply with that required for the operation of the amusement ride or device.

O.C. 363-2012, s. 1.

§ 3 . — Amusement rides or devices in darkness

O.C. 363-2012, s. 1.

303. Where users are moved in darkness inside an enclosure or in the case of an amusement ride or device completely enclosed, the enclosure must be equipped with

(1)  a smoke alarm bearing a seal of approval from Underwriters’ Laboratories of Canada (ULC) and installed in compliance with the manufacturer’s instructions. The proper working order of the smoke alarm must be checked at every assembly of a portable amusement ride or device and every month in other cases;

(2)  signs, visible from the vehicle, indicating egresses; and

(3)  an emergency lighting system of not less than 10 lx at floor level and egress signs, activated automatically when the main source of power supply is interrupted.

In addition, each egress door must bear the inscription “SORTIE” in lettering at least 25 mm high and, if locked, it must be possible to open it from the inside, by a single manoeuvre, without a key.

O.C. 363-2012, s. 1.

DIVISION V TESTS, INSPECTIONS AND MAINTENANCE

O.C. 363-2012, s. 1.

§ 1 . — General

O.C. 363-2012, s. 1.

304. Every amusement ride or device must undergo tests, inspections and maintenance in compliance with the manufacturer’s instructions and the provisions of the Code. If the information is not available from the original amusement ride or device manufacturer, the owner must have a maintenance program approved by a recognized person within the meaning of Chapter IX of the Construction Code (chapter B-1.1, r. 2).

O.C. 363-2012, s. 1.

305. In the case of a portable amusement ride or device, the owner must follow the assembly procedures and instructions and conduct the inspections provided for by the manufacturer and the Code. Before operating the portable amusement ride or device, the owner must make

(1)  a visual examination of the condition of electrical wiring, including bonding and weldings, articulations, bearings and driving shafts;

(2)  an inspection of the proper working order of brakes and safety devices;

(3)  an inspection of the clearances prescribed in section 295;

(4)  a visual examination of structural members in order to detect distorted or bent members; and

(5)  the correction of any defect identified during the inspections.

O.C. 363-2012, s. 1.

§ 2 . — Maintenance of ropes and chains

O.C. 363-2012, s. 1.

306. Steel wire ropes must be replaced in the following cases:

(1)  instructions of the amusement ride or device manufacturer require it;

(2)  6 wires are broken in one rope lay;

(3)  3 wires are broken in one strand of a rope lay;

(4)  2 wires are broken in a suspension rope that supports the total load of a vehicle;

(5)  the initial diameter of the rope has decreased by 10%; and

(6)  the rope is distorted because of kinking, crushing or untwisting of the rope or a strand.

Steel wire ropes must be repaired where 2 wires are broken near a fastening.

O.C. 363-2012, s. 1.

307. A link chain must be replaced when a link is distorted, cracked or when its initial diameter has decreased by 10%.

O.C. 363-2012, s. 1.

§ 3 . — Log book

O.C. 363-2012, s. 1.

308. The owner must record and maintain, for each amusement ride or device, a log book or append thereto, as the case may be, for the life of each amusement ride or device, the following information and documents:

(1)  the amusement ride or device name, the manufacturer’s name and the serial number;

(2)  the number of the identification plate issued by the Board;

(3)  the rated capacity and the maximum speed specified by the manufacturer;

(4)  a copy of the plans related to all construction work carried out on the amusement ride or device and all technical information relating to the alterations made to the amusement ride or device;

(5)  the manufacturer’s technical manuals and service, maintenance and safety bulletins and the action taken to implement the recommendations contained in the bulletins;

(6)  certificates of conformity or safety produced by a recognized person within the meaning of Chapter IX of the Construction Code (chapter B-1.1, r. 2);

(7)  the compiling of operating dates and hours;

(8)  the nature of alterations made to a safety device or its elimination and the manufacturer’s authorization to that effect;

(9)  the location and nature of alterations and weldings made to a mechanical part or a structural member and the welding procedure used;

(10)  a list of the daily inspections planned by the manufacturer and inspections made during the assembly and the identification of the person who made them and all rectifications made following the inspections;

(11)  the inspection of every portable fire extinguisher and smoke alarm;

(12)  the identification of any safety device having interrupted the operation of an amusement ride or device;

(13)  the breakdowns, accidents and evacuations that occurred while operating the amusement ride or device;

(14)  the replacement or repair of a steel wire rope;

(15)  the replacement of a link chain;

(16)  remedial notices issued by the Board under section 122 of the Building Act (chapter B-1.1); and

(17)  periods during which the amusement ride or device was not used.

The log book and documents referred to in paragraph 4 of section 12 and section 51 of the Amusement Rides Regulation (chapter S-3, r. 1) become, without other formality, an integral part of the log book and schedules provided in this Code.

The log book must be made available to the Board.

O.C. 363-2012, s. 1.

DIVISION VI OPERATION

O.C. 363-2012, s. 1.

§ 1 . — General

O.C. 363-2012, s. 1.

309. The working order and operation of every amusement ride or device must be made in compliance with the manufacturer’s instructions and the provisions of the Code. If the information is not available from the original amusement ride or device manufacturer, the owner must have a maintenance program approved by a recognized person within the meaning of Chapter IX of the Construction Code (chapter B-1.1, r. 2).

O.C. 363-2012, s. 1.

§ 2 . — Protection of the public and safety of users

O.C. 363-2012, s. 1.

310. Fences that meet the requirements of Clause 5.10 a of the Code must be installed around every amusement ride or device.

Fences at least 1,000 mm high installed before 3 May 2012 are deemed to comply with the first paragraph.

O.C. 363-2012, s. 1.

311. Signs bearing characters at least 25 mm high or pictograms at least 150 × 150 mm must be installed to indicate to users

(1)  that smoking and drinking alcohol are prohibited;

(2)  that hair and clothing must be confined to prevent entanglement with the installation;

(3)  the restrictions provided by the manufacturer regarding size, weight or use and, if applicable, the risk factors associated with the health of users; and

(4)  that the smallest user must be placed the nearest to the centre of a centrifugal amusement ride or device.

O.C. 363-2012, s. 1.

312. Evacuation procedures for each amusement ride or device must be established by the owner.

O.C. 363-2012, s. 1.

313. The owner must have a first-aid kit on the site where the amusement rides or devices are being operated and a means of communication with the emergency services.

The owner must also establish an emergency procedure.

O.C. 363-2012, s. 1.

314. Only non-combustible materials necessary for its operation may be stored inside an amusement ride or device or under its structure, and the premises must be kept clean.

O.C. 363-2012, s. 1.

§ 3 . — Operator and control station

O.C. 363-2012, s. 1.

315. The owner must ensure that the operator is familiar with the operation and safety measures of an amusement ride or device before operating it. The operator must be knowledgeable about

(1)  the location and use of safety devices;

(2)  the loading and unloading procedure;

(3)  the signals used;

(4)  the evacuation procedure;

(5)  the location of emergency and first-aid services or of the means of communication with those services;

(6)  how to use portable fire extinguishers; and

(7)  the operating instructions.

O.C. 363-2012, s. 1.

316. At least one operator must remain at the controls when each amusement ride or device is in operation.

O.C. 363-2012, s. 1.

317. A signal system must be used during the starting or stopping of an amusement ride or device where the loading or unloading areas cannot be seen from the operating controls.

O.C. 363-2012, s. 1.

318. A minimum of 100 lx at floor level must be maintained at the loading and unloading areas, entrances and egresses.

O.C. 363-2012, s. 1.

319. An amusement ride or device must be equipped with an emergency stop device and marked “Arrêt de secours”. The device must be of the push-pull type and be provided with contacts which open by positive mechanical separation that causes the amusement ride or device to stop.

O.C. 363-2012, s. 1.

320. Where an amusement ride or device has been stopped by the actuation of a safety device or by the interruption of the main source of power supply, the closing or the resetting of the safety device and the restoring of the supply source must not start up the amusement ride or device before the starting device is actuated.

O.C. 363-2012, s. 1.

321. A portable fire extinguisher must be near the operating controls of each amusement ride or device.

Such a fire extinguisher must comply with NFPA Standard NFPA-10-1998, Standard for Portable Fire Extinguishers, published by the National Fire Protection Association, and bear a seal of approval from Underwriters’ Laboratories of Canada (ULC).

In addition, the proper working order of the portable fire extinguisher must be inspected at every assembly of a portable amusement ride or device and every month in other cases.

O.C. 363-2012, s. 1.

DIVISION VII IDENTIFICATION PLATE

O.C. 363-2012, s. 1.

322. Every amusement ride or device must be provided with an identification plate issued by the Board before it is put into operation.

The identification plate must be attached permanently and prominently on the amusement ride or device.

O.C. 363-2012, s. 1.

323. The Board issues the identification plate at the end of the construction work provided for in Chapter IX of the Construction Code (chapter B-1.1, r. 2) and on receiving the certificate of conformity according to section 9.12 of that Code.

Despite the first paragraph, an identification plate may be issued for a portable amusement ride or device if the owner has obtained from a person recognized under Chapter IX of the Construction Code

(1)  a certificate of conformity with the Safety Code certifying that the amusement device

(a)  has been designed, manufactured and built so as to withstand loads and constraints under all loading and operating conditions;

(b)  has undergone tests and inspections to that effect and that their results are satisfactory;

(c)  has been altered, if applicable, according to the manufacturer’s bulletin recommendations;

(d)  has been delivered with the documents necessary for its operation and maintenance; and

(e)  has been approved in accordance with CSA Standard SPE-1000, Model Code for the Field Evaluation of Electrical Equipment;

(2)  a detailed report of the tests and inspections performed on the amusement device that confirms its working order;

(3)  specific recommendations concerning operation, periodic testing and maintenance.

The certificate must also indicate the type, trademark, model and serial number of the amusement device, the date on which and the place where the tests and inspections were conducted together with the name, seal and title of the person by whom they were performed.

O.C. 363-2012, s. 1.

DIVISION VIII OPERATING PERMIT

O.C. 363-2012, s. 1.

324. The owner of an amusement ride or device must hold an operating permit for all the amusement rides or devices the owner puts into operation.

O.C. 363-2012, s. 1.

325. The owner of an amusement ride or device who applies for the issue or renewal of an operating permit must provide the Board with the following information and documents at least 60 days before the date set for the beginning of the activities or the date of renewal:

(1)  the owner’s name, home address, telephone number and, where applicable, the business number assigned to the owner under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  if the application is made on behalf of a partnership or a legal person, the name of the partnership or legal person, the address of its head office and, where applicable, the business number assigned to the owner under the Act respecting the legal publicity of enterprises;

(3)  the list of amusement rides or devices to be operated during the validity period of the permit, and for each of them, the manufacturer’s name, the manufacturer’s serial number, the amusement ride or device’s original name, common name and identification plate number;

(4)  the list of portable amusement rides or devices, the calendar of events and the list of sites where portable amusement rides or devices will be operated during the validity period of the permit and, where applicable, the identification of the event where the amusement rides or devices will be operated;

(5)  an attestation of the insurer required under section 333 for the year of the validity of the operating permit; and

(6)  the required certificates of conformity.

The application may be made on the form provided by the Board or on any other document clearly and legibly written for that purpose. Every application must include the fees payable under section 330 and an attestation that the information and documents provided under the first paragraph are true, and be signed by the owner.

O.C. 363-2012, s. 1.

326. The holder of a permit who wishes to add amusement rides or devices must apply for modification of a permit. An application for modification of a permit must contain

(1)  the information and documents required under subparagraphs 3, 4 and 6 of the first paragraph of section 325; and

(2)  a description of the new amusement rides or devices.

O.C. 363-2012, s. 1.

327. An application for the issue, renewal or modification of a permit is deemed to be received only if it contains all the required information and documents and includes the fees payable under this Chapter.

O.C. 363-2012, s. 1.

328. The holder of a permit must notify the Board immediately of any change in the information or documents provided under section 325 or 326.

O.C. 363-2012, s. 1.

329. At the time an application for the issue, modification or renewal of an operating permit is made, all required information and documents previously provided to the Board need not be re-filed.

O.C. 363-2012, s. 1.

330. The fee payable for the issue or renewal of an operating permit is $306 to which $353 is added for each portable amusement ride or device and $175 for each fixed amusement ride or device.

The fee payable for the modification of an operating permit regarding an addition to the list of amusement rides or devices is $76 to which $353 is added for each new portable amusement ride or device and $175 for each new fixed amusement ride or device.

The fee must be paid to the Board and be attached to the application for the issue, modification or renewal of a permit.

O.C. 363-2012, s. 1.

331. The operating permit must contain

(1)  the name of the owner of amusement rides or devices and any other business name that the owner is legally authorized to use in Québec and that is related to the operation of an amusement ride or device;

(2)  the owner’s address;

(3)  the list of amusement rides or devices operated during the validity period of the permit and for each of them, the manufacturer’s name, the manufacturer’s serial number, the amusement ride or device’s original name, common name and identification plate number;

(4)  the validity period of the permit is from 1 April to 31 March of each year; and

(5)  the signature of the president and chief executive officer or of a vice-president and the signature of the secretary of the Board.

O.C. 363-2012, s. 1.

332. An operating permit is non-transferable.

O.C. 363-2012, s. 1.

333. The owner of an amusement ride or device who applies for the issue or renewal of an operating permit must obtain and maintain in force, during the entire validity period of the permit, civil liability insurance of a minimum amount of $2,000,000 per claim to cover damage caused to another person as a result of fault or negligence in the operation of the amusement rides or devices. The insurance must provide for a commitment by the insurer to inform the Board of the insurer’s intention to terminate the contract.

An attestation of the insurer to the effect that the insurance meets the requirements of the first paragraph must, in accordance with subparagraph 5 of the first paragraph of section 325, be provided to the Board with the application for the issue or renewal of the operating permit.

O.C. 363-2012, s. 1.

334. The insurer or holder of an operating permit may terminate the insurance only on written notice of at least 60 days to the Board.

O.C. 363-2012, s. 1.

335. The Board may suspend or refuse to renew an operating permit where the holder

(1)  has not informed the Board of any change, in accordance with section 328 or 334;

(2)  has not complied with an order issued under section 123 or 124 of the Building Act (chapter B-1.1);

(3)  operates an amusement ride or device that is not provided with the identification plate referred to in section 322 or 323; or

(4)  has not complied with a remedial notice issued by the Board under section 122 of the Building Act regarding an amusement ride or device referred to in the permit or in the suppletory measure required in such a notice.

O.C. 363-2012, s. 1.

DIVISION IX OFFENCE

O.C. 363-2012, s. 1.

336. Every contravention of any of the provisions of this Chapter, except section 330, constitutes an offence.

O.C. 363-2012, s. 1.

SCHEDULE I

(ss. 69 and 215)

SECTION 69

STATE OF THE GAS DISTRIBUTION SYSTEM

STATE OF THE GAS DISTRIBUTION SYSTEM

Report for fiscal year ending: 

Name of the gas utility:
Address: 
Postal code:  Telephone: 
Prepared by:  Position: 


AMAINS (LENGTH IN KILOMETRES)
Description by materialTOTALCurrent year
ConstructionDeactivated
ExpansionReplacement
Bare steel
Coated steel
Aluminum
Polyethylene (insertion)
Polyethylene
Other (specify)
TOTAL


BSERVICES (NUMBER)
Description by materialTOTALCurrent year
ConstructionDeactivated
ExpansionReplacement
Bare steel
Coated steel
Copper
Polyethylene (insertion)
Polyethylene
Other (specify)
TOTAL


C CATHODIC PROTECTION
TOTALCurrent year
Construction
ExpansionReplacement
Mains (km)
Services (number)
Length protected by sacrificial anodes (km): By rectifiers (km):
Number of rectifiers:Number of test points:
% of steel system under adequate protection:

Régie du bâtiment du Québec official form
1372(2003-04-03)

DLEBGTH OF MAINS BY MATERIAL (kilometres)
Diameter (millimetres)
33.4 or lessOver 33.4 thru 60.3Over 60.3 thru 114.3Over 114.3 thru 219.1Over 219.1 thru 323.9Over 323.9 thru 508Over 508 thru 762Over 762TOTAL
Bare steel
Coated steel
Aluminum
Polyethylene (insertion)
Polyethylene
Other (specify)
TOTAL


ENUMBER OF SERVICES BY MATERIAL
Diameter (millimetres)
21.3 or lessOver 21.3 thru 33.4Over 33.4 thru 60.3Over 60.3 thru 114.3Over 114.3 thru 168.3Over 168.3TOTAL
Bare steel
Coated steel
Copper
Polyethylene (insertion)
Polyethylene
Other (specify)
TOTAL


F
Operating pressure (kilopascals)0 and 300301 and 700701 and 20002001 and 40004001 and 60006001 and overTOTAL
Part of system operating between: (kilometres)
Regulating stations with outlet pressure between: (number)
Distribution and service line shut-off valves with operating pressure between: (number)


GH
Unaccounted for gas during last 5 fiscal years based on % of total input for each year excluding current year.Year(s)      ago%Unaccounted for gas during past 12 months ending with current fiscal year.%

1
2I
3Number of known system leaks at end of year scheduled for repairMains
4
5Services


JNUMBER OF LEAKS REPARED DURING YEAR
MaterialsCorrosionMaterial failureDamage by outside forceConstruction defectOtherTotal
MAINSBare steel
Coated steel
Aluminum
Polyethylene (insertion)
Polyethylene
Other (specify)
SUB-TOTAL
SERVICESBare steel
Coated steel
Copper
Polyethylene (insertion)
Polyethylene
Other (specify)
SUB-TOTAL
TOTAL


KLEAKS ON MAINS REPARED
DURING YEAR
(number)LLEAKS ON SERVICES REPARED
DURING YEAR
(number)
PipePipe
ValveValve
FittingFitting
RegulatorRegulator
Tap connexionTap connexion
OtherOther
TOTALTOTAL


MNLEAK SURVEYS
Frequency of
 inspection of cathodically 
protected
 systemFrequency of 
inspection by type*Operating pressureFrequency

MainsP operating <4800kPa - general
Pipe-soil 
potentialRectifierRemote
readingP operating <4800kPa - downtown
P operating ³4800kPa
ServicesAll


*FREQUENCY CODES:1 (weekly), 2 (bimonthly), 3 (monthly), 4 (quartely), 5 (semi-annually),
6 (annually), 7 (other-specify), 0 (no inspection)

0GENERAL INFORMATION
Number of services:Residentials:Commercial:Industrial:Total:
Number of customers:Residentials:Commercial:Industrial:Total:
Gas sold (106m3):Residentials:Commercial:Industrial:Total:
Total gas purchased (106m3):Self consumption (106m3):
Daily contractual demand (106m3):Since:
Maximum hourly consumption in the year (106m3):Date:
Minimum hourly consumption in the year (106m3):Date:
Maximum daily consumption in the year (106m3):Date:
Minimum daily consumption in the year (106m3):Date:
Maximum monthly consumption in the year (106m3):Date:
Minimum monthly consumption in the year (106m3):Date:
Services unused for: A: 1 year: B: 2 years: C: 3 years: D: 4 years: Total:
Service pipe not rising above ground level:
Brand of odorant used:Injection rate (kg / 106m3):
Quantity of odorant used annually (litres):Number of customers per kilometre:
Number of leaks per kilometre:Number of municipalities supplied:
Number of employees:Management:Executives:Office employees:Manual workers:


PCOMMENTS


I hereby certify that the above information
is accurate
SignatureDate

SECTION 215

EVALUATION OF UNPROTECTED STEEL TANK CONDITION

(1) The soil aggressiveness value (S.A.V.) is determined according to the method of the Petroleum Association for Conservation of the Canadian Environment.

(2) The tank/soil index (T/S) is determined by multiplying the soil aggressiveness value by the age of the tank. T/S = (S.A.V. x AGE).

(3) On the basis of the values obtained, the requirements to be met are as follows (see Graph):

Zone 1

The tank may be protected against corrosion according to RP0 Standard 169-2002 Control of External Corrosion on Underground or Submerged Metallic Piping Systems or RP0 Standard 285-2002 Corrosion Control of Undergound Storage Tank System by Cathodic Protection, published by NACE International;

Zone 2

The tank must be replaced before the tank reaches 25 years after its installation;

Zone 3

The tank must be replaced before the tank reaches 25 years after its installation and subject to a leak detection test in accordance with the second paragraph of section 8.130 of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) within 12 months as of the year of assessment of its condition and every 5 years afterward;

Zone 4

The tank must be replaced before obtaining a T/S of 180 or before the tank reaches 25 years after its installation and subject to a leak detection test in accordance with the second paragraph of section 8.130 of Chapter VIII of the Construction Code every year;

Zone 5

The tank must be replaced immediately.

O.C. 877-2003, s. 1; O.C. 221-2007.

TRANSITIONAL

2013

(O.C. 1203-2012) SECTION 2. Subject to the second and third paragraphs of this section, this Regulation comes into force on 27 December 2013.

This Regulation applies as of 11 February 2013 to care occupancies and private seniors’ residences with respect to their plumbing systems equipped with one of the devices covered by section 7.3.

Section 7.2 and the requirement covered by section 7.1 to verify and adjust the water outlet temperature of valves supplying shower heads and bathtubs apply as of 11 February 2013 to care occupancies and private seniors’ residences with respect to their plumbing systems equipped with devices other than those covered by section 7.3 but that can nonetheless limit the temperature.

2012

(O.C. 363-2012) SECTION 2. Section 308 of the Safety Code (chapter B-1.1, r. 3) relating to the maintenance of a log book for each amusement ride or device, introduced by section 1 of this Regulation, applies to the log books maintained under the Amusement Rides Regulation (chapter S-3, r. 1) and to the documents that accompany them.

SECTION 5. For the first application for an operating permit, the owner has 60 days from 3 May 2012 to comply with sections 324 to 335 of the Safety Code introduced by section 1 of this Regulation with respect to amusement rides and devices existing on that date.

REFERENCES

O.C. 964-2002, 2002 G.O. 2, 4654

O.C. 877-2003, 2003 G.O. 2, 2739

O.C. 896-2004, 2004 G.O. 2, 2838

O.C. 1154-2004, 2004 G.O. 2, 3593

O.C. 121-2006, 2006 G.O. 2, 1121

O.C. 221-2007, 2007 G.O. 2, 1171

S.Q. 2010, c. 7, s. 282

S.Q. 2010, c. 40, s. 92

O.C. 363-2012, 2012 G.O. 2, 1144

O.C. 1260-2012, 2013 G.O. 2, 111

O.C. 1203-2012, 2012 G.O. 2, 3664