<<SR_PageTitle>>

Under section 30 of the Fire Prevention Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Fire Extinguisher Servicing Regulation - Fire Prevention Act.

2In this Regulation

“Act” means the Fire Prevention Act;

“fixed fire extinguisher” means an assembly of cylinders, pipes, hoses, nozzles or devices that contain or produce any liquid, powder or gas usable for the purpose of extinguishing fires, used to provide fire protection for cooking installations in commercial buildings;

“portable fire extinguisher” means an appliance, apparatus, container or device that is designed to be or is capable of being readily moved and that contains or produces any liquid, powder or gas usable for the purpose of extinguishing fires;

“servicing” includes testing, inspecting, maintaining, repairing, filling, charging, refilling and recharging;

“standards” include

National Fire Code of Canada 1990;

National Fire Protection Association No. 10,

Standard for Portable Fire Extinguishers - 1979;

National Fire Protection Association No. 11,

Standard for Foam Extinguishing Systems - 1979;

National Fire Protection Association No. 12,

Standard for Carbon Dioxide Extinguishing Systems - 1979;

National Fire Protection Association No. 17,

Standard for Dry Chemical Extinguishing Systems - 1979.

86-65; 91-179

3(1)Subject to subsection (2), no person shall service portable fire extinguishers or fixed fire extinguishers unless

(a) he is the holder of a valid licence issued under the authority of this Regulation; or

(b) he is registered as a person in training under the authority of this Regulation.

3(2)A person

(a) who manufactures portable fire extinguishers or fixed fire extinguishers and who fills or charges those extinguishers prior to a sale, or

(b) who is employed by a fire department and who is qualified to service the portable fire extinguishers owned by that fire department,

is exempt from the requirements of subsection (1) to procure a licence while servicing portable fire extinguishers or fixed fire extinguishers under the circumstances described in paragraph (a) or (b).

LICENCE

4(1)Subject to subsections (2) and (3) and sections 5 and 6, the fire marshal may issue or re-new a fire extinguisher servicing licence.

4(2)No person may be a candidate for a fire extinguisher servicing licence unless he

(a) has completed and filed with the fire marshal an application on the form provided for this purpose;

(b) has successfully completed an oral or written examination which has been compiled by the Department of Labour;

(c) proves to the satisfaction of the fire marshal that he has practical experience in the servicing of portable fire extinguishers or fixed fire extinguishers and he has adequate knowledge of the standards;

(d) proves to the satisfaction of the fire marshal that the facilities to be used for servicing portable fire extinguishers and fixed fire extinguishers are adequate; and

(e) has paid the prescribed fee.

4(3)It is a term of a licence that the licensee shall comply with the standards.

85-160; 91-179

5(1)A person who holds a licence may supervise a person registered in accordance with section 8.

5(2)A person who holds a licence and who is supervising a person registered in accordance with section 8 is responsible for the work being done by that person.

6All licences issued under the authority of this Regulation are valid for a period of one year from the date of issue.

7(1)A licence may be renewed by the fire marshal without written examination when the holder thereof

(a) has completed and filed with the fire marshal an application on the form provided for this purpose;

(b) proves to the satisfaction of the fire marshal that he has had active experience in the servicing of portable fire extinguishers or fixed fire extinguishers during the previous year;

(c) proves to the satisfaction of the fire marshal that the facilities to be used for servicing portable fire extinguishers and fixed fire extinguishers are adequate; and

(d) has paid the prescribed fee.

7(2)All renewals of licence are valid for a period of one year from the date of issue or renewal.

REGISTRATION

8(1)A person who has completed and filed with the fire marshal an application on the form provided for this purpose may be registered by the fire marshal as a person in training.

8(2)Registration as a person in training is valid for six months from the date of registration.

8(3)Notwithstanding subsection (2), the fire marshal may order that the period of time of the registration be extended.

9(1)A person who is registered in accordance with section 8 shall only service portable or fixed fire extinguishers while under the direct supervision of a person who holds a licence issued under the authority of this Regulation.

9(2)It is a term of the registration that the person registered shall comply with the standards.

SUSPENSION OR CANCELLATION

10(1)The fire marshal may suspend, cancel or refuse to renew a licence issued under this Regulation if satisfied on reasonable grounds that

(a) there is, on the part of the licensee, evidence of

(i) violation of the standards,

(ii) the servicing of portable or fixed fire extinguishers without a valid servicing licence,

(iii) the use of facilities which are not adequate for the servicing of portable or fixed fire extinguishers,

(iv) a licence being obtained through misrepresentation or fraud, or

(v) fraudulent or incompetent practice; or

(b) that there is violation of the standards by a person who is working under the direct supervision of the licensee.

10(2)A person whose licence has been suspended or cancelled, or whose application for issuance or renewal of a licence has been refused, may make an application to the Minister to have the licence issued, re-instated or renewed.

10(3)Upon application of a person whose licence has been suspended or cancelled or whose application for issuance or renewal of a licence has been refused by the fire marshal, the Minister may

(a) make an order directing the licence to be issued, re-instated or renewed;

(b) make an order upholding the decision of the fire marshal to suspend, cancel, refuse or refuse to renew the licence; or

(c) make any other order, having taken into consideration the reasons for the decision of the fire marshal and the interests of the person who has made the application.

85-160

11(1)The fire marshal may cancel or suspend or refuse to extend the registration of a person who has been registered as a person in training if satisfied on reasonable grounds that there is, on the part of that person, evidence of

(a) registration being obtained through misrepresentation or fraud;

(b) failure to comply with an order of the fire marshal;

(c) failure to comply with the standards; or

(d) failure to work under the supervision of a person who holds a licence.

11(2)Upon the application of a person whose registration has been suspended or cancelled or whose application for registration or extension of registration has been refused by the fire marshal, the Minister may

(a) make an order directing that the person be registered or re-registered,

(b) make an order upholding the decision of the fire marshal to suspend, cancel or refuse to register or refuse to extend the registration of a person, or

(c) make any other order, having taken into consideration the reasons for the decision of the fire marshal and the interests of the person who has made the application.

91-179

GENERAL

12(1)The fire marshal or a local assistant may, at all reasonable hours, enter into and upon any building, premises or mobile service unit in which the servicing of portable fire extinguishers or fixed fire extinguishers is being carried out for the purpose of

(a) examining the qualifications of persons performing the work; or

(b) determining the suitability of the servicing facility.

12(2)Where

(a) any servicing is found not to be in compliance with the standards, or

(b) any facilities are found not to be adequate,

the fire marshal may issue an order to a person holding a licence or to the owner of the facilities directing that the standards be complied with or that the facilities be changed.

12(3)A person to whom an order made under this section is directed shall comply with the order.

13(1)A person holding a licence issued under this Regulation shall produce the licence upon the request of the fire marshal or a local assistant.

13(2)A person registered under this Regulation shall produce proof of registration upon the request of the fire marshal or a local assistant.

FORMS

14The fire marshal may make such forms as he considers necessary for the proper administration of this Regulation.

FEES

15The fee for a fire extinguisher servicing licence or for a renewal thereof is twenty dollars and is payable to the Minister of Finance.

84-95

N.B. This Regulation is consolidated to June 30, 1999.

82-239 - Fire Prevention Act

Copy to Clipboard