Acts and Regulations

84-175 - Heating Plants and Power Plants

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-175
under the
Boiler and
Pressure Vessel Act
(O.C. 84-607)
Filed July 26, 1984
Under section 40 of the Boiler and Pressure Vessel Act, the Lieutenant-Governor in Council makes the following Regulation:
2014-97
1This Regulation may be cited as the Heating Plants and Power Plants Regulation - Boiler and Pressure Vessel Act.
2In this Regulation
“Act” means the Boiler and Pressure Vessel Act;(loi)
“assistant shift engineer” means a power engineer who operates a heating plant or power plant or component of a heating plant or power plant under the direction and supervision of the shift engineer;(ingénieur adjoint de quart)
“boiler” means a vessel in which steam is or may be generated or hot water produced under pressure, having a capacity of more than three cubic feet (0.085 cubic metres) and includes any pipe or fitting, prime mover, machinery or other equipment attached thereto or used in connection therewith, but does not include a boiler used solely for heating purposes in a building occupied for residential purposes by not more than four families;(chaudière)
“boiler inspector” means a boiler inspector appointed under the Act, but does not include an insurance boiler inspector;(inspecteur officiel)
“Chief Inspector” means the Chief Boiler Inspector appointed under the Act;(inspecteur en chef)
“chief power engineer” means a power engineer who at all times has charge of and the responsibility for the safe operation of a heating plant or power plant and has such other powers and duties respecting the heating plant or power plant and persons therein as are prescribed in the Act and this Regulation;(ingénieur en chef spécialisé en force motrice)
“coil tube boiler” means a boiler with one or more tubes which may be in the form of a coil or other configuration in which(chaudière à serpentin)
(a) the water flow is of a once-through pattern without a fixed water level,
(b) the circulation of water is forced by means of a water pump,
(c) the ratio of water content expressed in litres to the evaporation rate expressed in kilowatts is not greater than 0.1 when the boiler is operating, and
(d) a pre-purge flame failure device is installed;
“graduate engineer” means a person who has graduated from a recognized university with a degree in mechanical engineering or its equivalent;(ingénieur diplômé)
“guarded plant” means a heating plant in which each boiler is provided with automatic controls and devices which will ensure that the boiler or boilers may be operated safely, notwithstanding that the power engineer charged with the operation of the heating plant may be absent from the boiler room;(installation protégée)
“have charge of” , when used in relation to a heating plant or a power plant, means to have at all times while the heating plant or the power plant is in operation the duties of general supervision over the operation and maintenance of such heating plant or power plant and over power engineers engaged in the operation of such heating plant or power plant;(avoir la charge)
“heating plant” means either a high pressure heating plant or a low pressure heating plant;(installation de chauffage)
“high pressure heating plant” means a boiler or two or more boilers on the same premises having a safety valve setting of more than fifteen pounds per square inch (one hundred and three kilopascals) when the boiler is used for producing steam, or a safety valve setting of more than one hundred and sixty pounds per square inch (one thousand one hundred kilopascals) when the boiler is used for producing hot water or when the temperature of the hot water produced is in excess of two hundred and fifty degrees Fahrenheit (one hundred and twenty degrees Celsius);(installation de chauffage à haute pression)
“low pressure heating plant” means a boiler or two or more boilers on the same premises having a safety valve setting of not more than fifteen pounds per square inch (one hundred and three kilopascals) when the boiler is used for producing steam, or a safety valve setting of not more than one hundred and sixty pounds per square inch (one thousand one hundred kilopascals) when the boiler is used for producing hot water at a temperature of not more than two hundred and fifty degrees Fahrenheit (one hundred and twenty degrees Celsius);(installation de chauffage à basse pression)
“operate” , when used in relation to a heating plant or a power plant, means to operate, manipulate, observe and check manual, mechanical, automatic and remote controls and equipment in connection with a heating plant or power plant, but does not include “have charge of” a heating plant or power plant;(faire fonctionner)(conduire)
“Power Engineers Board” means the Board of Examiners for Power Engineers established under section 4 of the Act;(bureau des ingénieurs spécialisés)
“pressure” means gauge pressure in pounds per square inch (kilopascals);(pression)
“shift engineer” means a power engineer who has charge of and operates a heating plant or power plant under the direction and supervision of a chief power engineer and who has the authority to perform the powers and duties of the chief power engineer when the chief power engineer is absent from the heating plant or power plant;(ingénieur de quart)
“Stationary Engineers Board” Repealed: 99-56
“therm-hour” means one hundred thousand British Thermal Units per hour;(thermie/heure)
“therm-hour rating” means the therm-hour rating of a heating plant or power plant as determined under this Regulation.(capacité nominale en thermies/heure)
88-262; 99-56
EXEMPTIONS
3The Act does not apply to:
(a) heating and power plants under the jurisdiction of the Canadian Transport Commission;
(b) low pressure heating plants having a rating of fifty therm-hour or less; and
(c) high pressure heating plants having a rating of twenty therm-hour or less.
ABSENCE OF POWER ENGINEERS FROM HEATING PLANTS OR POWER PLANTS
99-56
4A power engineer is not required to be in attendance where a heating plant or power plant is comprised of one or more coil tube boilers and where
(a) each boiler contains steam at a pressure of more than fifteen pounds per square inch (one hundred and three kilopascals) or water at a temperature of more than two hundred and fifty degrees Fahrenheit (one hundred and twenty degrees Celsius) and the combined total water content of the boilers does not exceed two hundred and fifty Imperial gallons (one thousand one hundred and twenty-five litres), or
(b) each boiler contains steam at a pressure of fifteen pounds per square inch (one hundred and three kilopascals) or less or water at a temperature of two hundred and fifty degrees Fahrenheit (one hundred and twenty degrees Celsius) or less and the combined total water content of the boilers does not exceed seven hundred and fifty Imperial gallons (three thousand three hundred and seventy-five litres).
99-56
5The owner of a low pressure heating plant having a capacity not exceeding a rating of one hundred and forty therm-hour or of a high pressure heating plant having a capacity not exceeding a rating of seventy therm-hour may make arrangements for the boilers to be left unattended and in operation if:
(a) the heating plant is guarded in accordance with section 6;
(b) a Fourth Class Power Engineer has charge of the heating plant;
(c) the safety controls are checked daily and entries made in a log book noting the time of the check; and
(d) the installation is inspected periodically and approved by a boiler inspector.
99-56
GUARDED PLANTS
6(1)The owner of a guarded plant shall provide the boilers with protective devices satisfactory to the Chief Inspector.
6(2)The protective devices referred to in subsection (1) shall
(a) be manually reset after shutdown, and
(b) maintain the visual warning until the abnormal condition has been corrected.
99-56; 2014-97
7When any protective device in a guarded plant ceases to function properly, the owner shall ensure that no boiler is operated unless a power engineer is in constant attendance.
99-56
ISOLATION OF BOILERS
8(1)The owner of a boiler that is not to be included in determining the total therm-hour rating of a heating plant or power plant shall have the boiler disconnected and notify the Chief Inspector that the boiler is to be isolated.
8(2)Every boiler that is not included in determining the total therm-hour rating of the heating plant or power plant shall be isolated by a boiler inspector by sealing the boiler in such a manner that it is incapable of being used without removal of the seal.
8(3)No person shall remove a seal that has been affixed to a boiler by a boiler inspector without the permission of the Chief Inspector.
2014-97
9The owner shall pay the fee prescribed in section 27 for affixing the seal to a boiler in the owner’s heating plant or power plant.
10No person shall operate a boiler unless its therm-hour rating is included in the total therm-hour rating of the heating plant or power plant.
THERM-HOUR RATING OF BOILERS
11(1)The therm-hour rating of a boiler, other than an electric boiler, that is installed, re-installed or altered after July 14, 1976 is the maximum number of British Thermal Units in the total heat content of the water or steam entering its inlet subtracted from the total heat content of the water or steam leaving its outlet per hour, as determined by its manufacturer for its normal, continuous operation, divided by 100,000.
11(2)The therm-hour rating of an electric boiler that is installed, re-installed or altered after July 14, 1976 is the maximum number of kilowatts supplied to the boiler per hour, as determined by its manufacturer for its normal, continuous operation, multiplied by 3413 and divided by 100,000.
CLASSES OF
POWER ENGINEERS LICENCES
99-56
12The classes of power engineers licences required to operate or have charge of a heating plant or power plant or a class of heating plants or power plants are as follows:
(a) First Class Power Engineers Licence, authorizing the holder to be the chief power engineer or shift engineer of any heating plant or any power plant;
(b) Second Class Power Engineers Licence, authorizing the holder to be
(i) a chief power engineer of a power plant not exceeding one thousand therm-hour,
(ii) a chief power engineer of any heating plant, or
(iii) a shift engineer of any heating plant or any power plant;
(c) Third Class Power Engineers Licence, authorizing the holder to be
(i) a chief power engineer of a power plant or a heating plant not exceeding four hundred therm-hour,
(ii) a chief power engineer of any low pressure heating plant,
(iii) a shift engineer of a power plant not exceeding seven hundred therm-hour,
(iv) a shift engineer of any heating plant, or
(v) an assistant shift engineer of any power plant; and
(d) Fourth Class Power Engineers Licence, authorizing the holder to be
(i) a chief power engineer of a high pressure heating plant not exceeding two hundred therm-hour,
(ii) a chief power engineer of a low pressure heating plant not exceeding four hundred therm-hour,
(iii) a shift engineer of a power plant not exceeding four hundred therm-hour,
(iv) an assistant shift engineer of a heating plant not exceeding seven hundred therm-hour,
(v) a shift engineer of a high pressure heating plant or a power plant not exceeding four hundred therm-hour,
(vi) a shift engineer of a low pressure heating plant not exceeding four hundred therm-hour, or
(vii) an assistant shift engineer of any low pressure heating plant.
99-56
QUALIFICATIONS OF CANDIDATES
13A candidate for a class of power engineers licence issued under the Act shall complete and file an application form with the Chief Inspector.
99-56
14A candidate for a First Class Power Engineers Licence shall
(a) have held a Second Class Power Engineers Licence for at least two years, and
(b) have a total of six years’ practical operating experience in a high pressure heating plant or a power plant, two years of which experience were spent in a high pressure heating plant or a power plant having a therm-hour rating greater than seven hundred.
99-56
15A candidate for a Second Class Power Engineers Licence shall
(a) have held a Third Class Power Engineers Licence for at least two years, and
(b) have a total of four years’ practical operating experience in a high pressure heating plant or a power plant, one year of which experience was spent in a heating plant or a power plant having a therm-hour rating greater than four hundred.
99-56
16A candidate for a Third Class Power Engineers Licence shall
(a) have held a Fourth Class Power Engineers Licence for at least one year, and
(b) have a total of two years’ practical operating experience in a heating plant or a power plant, one year of which experience was spent in a heating plant or a power plant having a therm-hour rating greater than two hundred.
99-56
17A candidate for a Fourth Class Power Engineers Licence shall
(a) have at least six months’ practical operating experience in a heating plant or power plant under the direct supervision of a licensed power engineer, or
(b) have completed a course of instruction approved by the Power Engineers Board.
99-56
18(1)The following may be granted such time in lieu of practical operating experience as the Power Engineers Board deems fair and reasonable:
(a) a graduate engineer;
(b) a person having special engineering training in a recognized university or technical institution;
(c) a person having completed a course in power engineering satisfactory to the Power Engineers Board; and
(d) a person having experience in the construction or repair of boilers.
18(2)A person who holds a certificate as a First Class or a Second Class Marine Engineer, combination or steam, may be a qualified candidate for any class of power engineers licence which the Power Engineers Board deems fair and reasonable.
18(3)A person who has served or is serving in the Armed Forces may be a candidate for any class of power engineers licence which in the opinion of the Power Engineers Board is fair and reasonable, having regard to his classification and practical operating experience in connection with a heating plant or power plant.
99-56
GENERAL REQUIREMENTS
19(1)Except as otherwise provided in the Act and this Regulation, a power engineer holding a power engineers licence of the class prescribed for the heating plant or power plant shall be in attendance at all times while the boiler is in operation.
19(2)During the temporary period of absence of the power engineer holding a power engineers licence of the class prescribed for any heating plant or power plant, the Chief Inspector may authorize, in writing, a power engineer holding a power engineers licence of not more than one class lower to act in his stead for a period of ninety days or less.
19(3)Where one or more holders of any class of power engineers licence are employed to operate a heating plant or power plant on each shift, the employer shall designate one of them as having charge of the heating plant or power plant.
19(4)No employer shall permit an employee who is employed by him as a power engineer to engage during working hours in any labour or pursuit not immediately connected with the operation of the heating plant or power plant that would interfere with the safe operation of the heating plant or power plant.
19(5)If a power engineer engages during working hours in a labour or pursuit not immediately connected with the operation of a heating plant or power plant, the chief inspector shall determine whether such labour or pursuit interferes with the safe operation of the heating plant or power plant.
99-56; 2014-97
20(1)Every power engineers licence shall expire on the thirty-first day of December of the year for which it was issued.
20(2)The Power Engineers Board may renew a power engineers licence from year to year without examination upon application of the holder thereof and upon payment of the prescribed fee.
99-56
DUTIES OF CHIEF POWER ENGINEER
99-56
21In addition to the powers and duties prescribed by the Act, a chief power engineer shall
(a) take all measures necessary to maintain the heating plant or power plant in a safe operating condition,
(b) maintain discipline among the persons employed in the heating plant or power plant or under his control or supervision,
(c) direct and supervise shift engineers in their work and duties for the safe operation of the heating plant or power plant,
(d) ensure that an accurate record of matters that may affect the safety of the heating plant or power plant is made, and
(e) ensure that all operational and maintenance work on the plant is performed in accordance with safe operating procedures and acceptable engineering practices.
99-56; 2014-97
DUTIES OF SHIFT ENGINEER
22In addition to the powers and duties prescribed by the Act, a shift engineer shall:
(a) under the direction and supervision of the chief power engineer be responsible for
(i) the safe operation of the heating plant or power plant, and
(ii) the supervision of other employees on his shift who are under his control;
(b) maintain close watch on the condition and repair of all equipment in the heating plant or power plant and report to the chief power engineer any condition that may impair the safety of the heating plant or power plant;
(c) take all measures that are necessary to prevent any immediate danger to the heating plant or power plant;
(d) ensure that an accurate record of matters that may affect the safety of the heating plant or power plant is made during the shift period; and
(e) ensure that all maintenance and operational work performed on the heating plant or power plant is in accordance with safe operating procedures and acceptable engineering practices.
99-56; 2014-97
DUTIES OF ASSISTANT SHIFT ENGINEER
23The assistant shift engineer, under the direction and supervision of the chief power engineer or the shift engineer, as the case may be, shall be responsible for:
(a) the safe operation of a particular section of the heating plant or power plant;
(b) ensuring that an accurate record of matters that may affect the safety of that section of the heating plant or power plant is made during the shift period;
(c) performing maintenance and operational work on the heating plant or power plant as directed by the chief power engineer or the shift engineer; and
(d) the work performance of apprentice shift engineers.
99-56; 2014-97
LOG BOOK
24The owner of a heating plant or power plant shall provide a log book, in a form approved by the Chief Inspector, for use in the heating plant or power plant.
25The person in charge of a shift in a heating plant or power plant shall record in the log book in respect to his shift:
(a) the date, the number or designation of the shift and his name;
(b) any change from normal operating procedure and the time of such change;
(c) any special instructions that may have been given to achieve the change referred to in paragraph (b) and the name of the person who gave the instructions;
(d) any unusual or abnormal condition observed in the heating plant or power plant and the time thereof;
(e) repairs to any part of the heating plant or power plant and the time such repairs were commenced and, if completed on his shift, the time thereof;
(f) the time of commencing and terminating his shift;
(g) the testing and recording of all safety controls; and
(h) the testing of all safety valves.
26(1)No person shall deface, damage or destroy a log book.
26(2)No person shall remove the log book from the heating plant or power plant without the permission of the owner.
26(3)The owner shall ensure the log book is kept accessible in the heating plant or power plant for at least one year after the last entry therein and shall produce the log book upon the request of a boiler inspector.
FEES
99-56
27The fees for the purposes of this Regulation are as follows:
(a) for each examination paper - $40;
(b) for each re-examination paper - $40;
(c) for the issuance of a power engineer’s licence under subsection 8(4) of the Act - $50;
(d) for the renewal of a power engineer’s licence - $50;
(e) for the inspection and approval of a guarded plant - $100 per hour or any part of an hour, with a minimum charge of $100;
(f) for affixing a seal to a boiler in accordance with section 8 - $100 per hour or any part of an hour, with a minimum charge of $100;
(g) for the issuance of a certificate of competency under subsection 27(1) of the Act - $50;
(h) for the renewal of a certificate of competency - $50.
87-10; 88-55; 89-21; 97-10; 98-21; 99-56; 2003-67; 2011-18; 2014-97
28Regulation 76-101 under the Boiler and Pressure Vessel Act is repealed.
N.B. This Regulation is consolidated to October 1, 2014.