Acts and Regulations

84-176 - Propane, Natural and Medical Gas

Table of contents
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-176
under the
Boiler and
Pressure Vessel Act
(O.C. 84-608)
Filed July 26, 1984
Under section 40 of the Boiler and Pressure Vessel Act, the Lieutenant-Governor in Council makes the following Regulation:
2014-95
1This Regulation may be cited as the Propane, Natural and Medical Gas Regulation - Boiler and Pressure Vessel Act.
2In this Regulation
“Act” means the Boiler and Pressure Vessel Act;(loi)
“ANSI” Repealed: 2014-95
“approved” means approved by the Chief Inspector;(approuvé)
“ASME” means the American Society of Mechanical Engineers;(ASME)
“boiler inspector” means a boiler inspector appointed under the Act, but does not include an insurance boiler inspector;(inspecteur officiel)
“CGA” means the Canadian Gas Association;(ACG)
“Chief Inspector” means the Chief Boiler Inspector appointed under the Act;(inspecteur en chef)
“commercial occupancy” means that portion of a building or mobile vehicle used for the transaction of business, the rendering of professional services, the supplying of food, drink or other bodily needs and comforts, manufacturing purposes or the performance of work or labour, including bake shops, fur storage buildings, laboratories, loft buildings, markets, office buildings, professional buildings, restaurants and stores;(affection commerciale)
“CSA” means the Canadian Standards Association;(ACNOR)
“Department” means the Department of Justice and Public Safety;(Ministère)
“design” includes the prints and specifications, specimens or models submitted to the Chief Inspector for registration;(plan)
“fittings” means safety valves, stop valves, automatic stop-and-check valves, reducing valves, gauge cocks, pressure gauges, test cocks, fusible plugs, regulating and controlling devices and pipe fittings attached to or forming part of any installation, pressure vessel or plant;(accessoires)
“gas” means natural or propane gas;(gaz)
“Gas Board” means the Board of Examiners for Compressed Gas established under section 28 of the Act;(bureau des examinateurs en matière de gaz)
“manufacturer” means a company or person who manufactures an appliance or pressure vessel or fittings;(fabricant)
“medical gas” means oxygen, nitrous oxide, medical air, medical vacuum, nitrogen, carbon dioxide, helium and any mixtures thereof;(gaz à usage médical)
“mobile vehicle” means any vehicle that is self-propelled or capable of being towed;(véhicule mobile)
“new installation” means the installation of an appliance and includes the installation of one or more of the following components: (nouvelle installation)
(a) a container;
(b) a venting system; or
(c) any pipe or pipe fitting attached to or forming part of the appliance;
“overtime” means time worked on a Saturday or holiday and any time worked after 5 p.m. of any day and before 8 a.m. of the following day;(heures supplémentaires)
“public assembly occupancy” means that portion of premises in which persons congregate for civic, political, employment, educational, religious, social or recreational purposes, including armories, assembly rooms, auditoriums, ballrooms, bath houses, bus terminals, broadcasting studios, churches, colleges, court houses without cells, dance halls, department stores, exhibition halls, fraternity halls, libraries, lodge rooms, mortuary chapels, museums, passenger depots, schools, ice rinks, subway stations, theatres and similar occupancies.(affectation publique)
88-268; 2000, c.26, s.30; 2011-19; 2014-95; 2016, c.37, s.24; 2019, c.2, s.22; 2020, c.25, s.14
I
GENERAL REQUIREMENTS
3This Regulation applies to
(a) the manufacture, storage, transportation, handling, installing, testing and inspecting of gas and medical gas and of the associated appliances and equipment for the utilization of gas,
(b) the maintenance of appliances and equipment for the utilization of gas, and
(c) the installing, testing and inspecting of gas and medical gas piping systems.
4(1)Except as otherwise provided in this Regulation, the standards governing the design, construction, fabrication, installation, testing and inspection of gas and medical gas piping systems, appliances and fittings are those prescribed in the Standards Regulation - Boiler and Pressure Vessel Act.
4(2)Where there is a conflict between the standards prescribed in the Standards Regulation - Boiler and Pressure Vessel Act and this Regulation, this Regulation shall govern.
4(3)The Chief Inspector may set a date by which any person, firm or corporation shall comply with any standard prescribed in the Standards Regulation - Boiler and Pressure Vessel Act in order to permit such person, firm or corporation to operate its business on a continuous basis.
5The Chief Inspector may formulate rules in cases where formulae have not been provided by this Regulation or when special circumstances render desirable alteration to or modification of this Regulation.
6Piping used in connection with this Regulation shall meet the requirements of the applicable CSA standards prescribed in the Standards Regulation - Boiler and Pressure Vessel Act.
2014-95
7The Chief Inspector may accept as approved
(a) gas and medical gas appliances and equipment tested and listed by:
(i) the Canadian Standards Association;
(ii) the Canadian Gas Association;
(iii) the Underwriters’ Laboratories of Canada;
(iv) Factory Mutual; or
(v) a laboratory not listed in subparagraphs (i) to (iv) that is acceptable to the Chief Inspector; and
(b) fittings tested and listed by the Underwriters’ Laboratories Incorporated or any other laboratory acceptable to the Chief Inspector.
87-82
8(1)No person shall install, alter or make additions to a gas or medical gas installation unless the person first obtains an installation permit from the Chief Inspector.
8(2)The Chief Inspector shall only issue an installation permit to the holder of
(a) a Gas Installation Contractor Licence,
(b) a Gas Piping Contractor Licence, or
(c) a Medical Gas Piping Contractor Licence.
8(3)Where a person does not obtain an installation permit as required by subsection (1), the person shall
(a) obtain an installation permit from the Chief Inspector, and
(b) pay the fee set out in subsection 37(9) for a special inspection of the installation.
8(4)The Chief Inspector may defer issuing an installation permit to any person who has violated any provision of the Act or this Regulation, and such deferral shall remain in effect until such violation has been rectified.
97-36; 2002-46; 2003-68
II
GAS BUSINESS LICENCES
2002-46
9(1)No person shall undertake to carry out any of the following activities unless the person first obtains a gas business licence from the Chief Inspector:
(a) storing or distributing gas;
(b) installing gas burning appliances or equipment;
(c) installing gas or medical gas piping systems;
(d) repairing, servicing or maintaining gas burning appliances or equipment;
(e) repairing, servicing or maintaining gas or medical gas piping systems; or
(f) selling, renting or leasing gas burning equipment other than portable camping equipment.
9(2)The Chief Inspector may issue a gas business licence to a person who
(a) applies on the form provided by the Chief Inspector,
(b) provides proof satisfactory to the Chief Inspector that he or she employs a person who is qualified to carry out the work authorized by the class of gas business licence applied for, and
(c) pays the prescribed fee.
9(3)If there is any doubt as to which class of gas business licence is required, the Chief Inspector shall decide the class of gas business licence.
97-36; 2002-46; 2014-95
10The classes of gas business licences are:
(a) Gas Bulk Plant Licence, authorizing the holder to establish a business for the purpose of operating a gas bulk plant for filling cylinders, vehicle fuel tanks, transport tanks and other approved containers and for the purpose of performing any activity authorized by a class of licence issued under paragraphs (b) to (g);
(b) Gas Distribution Licence, authorizing the holder to establish a business for the purpose of filling and distributing gas by means of cylinders which have a capacity not exceeding one hundred pounds (forty-five kilograms) of gas;
(c) Gas Dispenser Licence, authorizing the holder to establish a business for the purpose of operating a gas dispensing unit to fill containers which are permanently mounted on mobile vehicles or to fill cylinders which have a capacity not exceeding sixty pounds (twenty-seven kilograms) of gas;
(d) Gas Cylinder Exchange Licence, authorizing the holder to establish a business for the purpose of operating a cylinder exchange program for cylinders which have a capacity not exceeding twenty pounds (nine kilograms) of gas;
(e) Gas Installation Contractor Licence, authorizing the holder to establish a business for the purpose of installing, repairing, servicing and maintaining gas appliances and equipment;
(f) Gas Piping Contractor Licence, authorizing the holder to establish a business for the purpose of installing gas piping systems, but not including the installation, service or repair of appliances, cylinders or tanks, or the connection of gas piping systems to the source of supply or appliances;
(g) Gas Service Contractor Licence, authorizing the holder to establish a business for the purpose of servicing gas equipment;
(h) NGV Refueling Plant Licence, authorizing the holder to establish a business for the purpose of operating an NGV Refueling Station; and
(i) Medical Gas Piping Contractor, authorizing the holder to establish a business for the purpose of installing and repairing non-flammable medical gas piping systems.
2002-46
10.1A gas business licence expires on the thirty-first day of December of the year for which it is issued.
97-36; 2002-46
11(1)The Chief Inspector may withhold, cancel or suspend a gas business licence for violation of any provision of the Act or this Regulation.
11(2)Any person whose gas business licence has been suspended or cancelled by the Chief Inspector may appeal to the Minister who may uphold, vary or revoke the suspension or cancellation.
97-36; 2002-46
12(1)Any person holding a gas business licence issued under this Regulation shall produce the gas business licence on the demand of a boiler inspector.
12(2)Failure by any person to produce a gas business licence is proof in the absence of evidence to the contrary that the person does not have a gas business licence.
2002-46
13No person shall distribute gas in any container which has a capacity that is greater than five pounds (two kilograms) of propane or install gas equipment unless he or she has a gas business licence issued under this Regulation.
2002-46
14Repealed: 2002-46
2002-46
15Every person holding a gas business licence issued under this Regulation shall ensure that personnel carrying out the functions authorized by the gas business licence hold the class of compressed gas licence required under this Regulation.
2002-46
III
COMPRESSED GAS LICENCES
2002-46
16No person shall
(a) install, repair or service gas burning appliances or equipment,
(b) operate a truck transporting gas,
(c) operate a gas filling plant, or
(d) install, repair, service or verify a gas or medical gas piping system,
unless he is the holder of a valid compressed gas licence authorizing him to perform such duties.
87-82; 97-36
17The classes of compressed gas licences are:
(a) Class A1 Domestic Compressed Gas Licence, authorizing the holder to install, service and repair propane installations in private dwellings and apartment buildings of not more than four apartments, mobile homes, mobile vehicles and recreational vehicles;
(b) Class A2 Commercial Compressed Gas Licence, authorizing the holder to install, service and repair propane installations to a maximum heating value of five hundred thousand British Thermal Units per hour and to perform any operation authorized in paragraph (a);
(c) Repealed: 2000-34
(d) Class A4 Gas Installer Compressed Gas Licence, authorizing the holder to install, service and repair propane appliances, equipment, systems, cylinders and tanks and to perform any operation authorized in paragraphs (a) and (b);
(d.1) Class G2 Gas Technician Licence, authorizing the holder to install, service and repair gas installations of appliances having a maximum heating value of four hundred thousand British Thermal Units per hour, but not including liquid propane installations;
(d.2) Class G1 Gas Technician Licence, authorizing the holder to install, service and repair gas installations having any British Thermal Units per hour heating value, but not including liquid propane installations;
(d.3) Class G2-L Gas Technician with Liquid Propane Endorsement Licence, authorizing the holder to install, service and repair gas installations of appliances having a maximum heating value of four hundred thousand British Thermal Units per hour;
(d.4) Class G1-L Gas Technician with Liquid Propane Endorsement Licence, authorizing the holder to install, service and repair gas installations having any British Thermal Units per hour heating value;
(d.5) Class GP Gas Piping Fitter Licence, authorizing the holder to install, service and repair gas piping systems but not including the installation, service and repair of appliances, cylinders or tanks or the connecting of the system to the gas supply or appliances;
(e) Class ICE-P Propane Internal Combustion Technician Licence, authorizing the holder to install, service and repair installations on any propane carburetion equipment;
(e.1) Class ICE-NG Natural Gas Internal Combustion Technician Licence, authorizing the holder to install, service and repair installations on any natural gas carburetion equipment;
(e.2) Class ICE/IV-P Propane Internal Combustion Industrial Vehicle Technician Licence, authorizing the holder to install, service and repair installations on propane carburetion equipment on industrial tractors and lift trucks;
(e.3) Class ICE/IV-NG Natural Gas Internal Combustion Industrial Vehicle Technician Licence, authorizing the holder to install, service and repair installations on natural gas carburetion equipment on industrial tractors and lift trucks;
(e.4) Class PPO-2 Propane Plant Operator Licence, authorizing the holder to fill containers at a container refill centre and fill any permanently mounted container on a mobile vehicle;
(e.5) Class PPO-1 Propane Plant Operator Licence, authorizing the holder to transfer propane to and from storage tanks, tank cars, cargo liners, tank trucks and operate propane transfer equipment at a filling plant or container refill centre;
(e.6) Class PTO-2 Propane Truck Operator Licence, authorizing the holder to operate a vehicle that tows a propane cargo liner and to operate equipment to transfer propane to and from a cargo liner;
(e.7) Class PTO-1 Propane Truck Operator Licence, authorizing the holder to operate a propane tank truck and to operate equipment to transfer propane to and from a tank truck;
(f) Repealed: 2000-34
(g) Repealed: 2000-34
(h) Repealed: 2000-34
(i) Repealed: 2000-34
(j) Class F Medical Gas Installer Compressed Gas Licence, authorizing the holder to install, repair and service medical gas piping systems in accordance with registered procedures;
(k) Class G Medical Gas Verifier Compressed Gas Licence, authorizing the holder to verify medical gas piping systems in accordance with an inspection and test plan, subject to audit by a boiler inspector;
(l) Class M Gas Fired Heating and Refrigeration Maintenance Licence, authorizing the holder to service and repair control systems and operating components on packaged combination gas fired heating and rooftop cooling units;
(m) Class DAT Domestic Appliance Gas Technician Licence, authorizing the holder to service, repair and replace any unvented domestic gas appliance downstream of the appliance shutoff valve having a heating value of one hundred thousand British Thermal Units per hour or less;
(n) Class RVT Recreational Vehicle Gas Technician Licence, authorizing the holder to install, service, repair and replace any propane appliance having a heating value of one hundred thousand British Thermal Units per hour or less installed in a recreational vehicle; and
(o) Class IMT Industrial Maintenance Gas Technician Licence, authorizing the holder to service and repair gas appliances that are fuelled by propane or natural gas in vapour state and that are located on premises, specified on the licence, of his or her employer.
2000-34; 2002-46
17.1(1)On and after the commencement of this section, the Gas Board shall no longer issue the following classes of compressed gas licences:
(a) Class A1 Domestic Compressed Gas Licence;
(b) Class A2 Commercial Compressed Gas Licence;
(c) Class A3 Gas Fitter Compressed Gas Licence;
(d) Class A4 Gas Installer Compressed Gas Licence; and
(e) Class H Maintainer Compressed Gas Licence.
17.1(2)Notwithstanding subsection (1), the Gas Board, in accordance with subsection 19(1),
(a) may renew annually a Class A1 Domestic Compressed Gas Licence, a Class A2 Commercial Compressed Gas Licence and a Class A4 Gas Installer Compressed Gas Licence subsisting immediately before the commencement of this section, and
(b) may renew, but not more than twice, a Class A3 Gas Fitter Compressed Gas Licence and a Class H Maintainer Compressed Gas Licence subsisting immediately before the commencement of this section.
2000-34
18(1)No person may be a candidate for any class of compressed gas licence unless he
(a) is at least eighteen years of age, and
(b) completes and files the application form provided by the Gas Board.
18(1.1)Despite paragraph (1)(a), a person who is at least sixteen years of age may be a candidate for a Class PPO-2 Propane Plant Operator Licence.
18(2)Repealed: 2014-95
18(2.1)Repealed: 2014-95
18(3)Repealed: 2000-34
2000-34; 2002-46; 2010-110; 2014-95
18.1(1)Repealed: 2014-95
18.1(1.1)Repealed: 2014-95
18.1(2)The Gas Board may, before or at the time of the renewal of a licence, issue
(a) a Class ICE-P Propane Internal Combustion Technician Licence to a person who is the holder of a valid Class A5 Motor Vehicle Compressed Gas Licence;
(b) a Class PPO-2 Propane Plant Operator Licence to a person who is the holder of a valid Class E Dispenser Unit Operator Compressed Gas Licence;
(c) a Class PPO-1 Propane Plant Operator Licence to a person who is the holder of a valid Class B Bulk Plant Operator Compressed Gas Licence;
(d) a Class PTO-2 Propane Truck Operator Licence to a person who is the holder of a valid Class D Cargo Liner Operator Compressed Gas Licence; and
(e) a Class PTO-1 Propane Truck Operator Licence to a person who is the holder of a valid Class C Tank Truck Operator Compressed Gas Licence.
2000-34; 2002-46; 2014-95
19(1)A compressed gas licence may be renewed by the Gas Board without written examination when the holder thereof:
(a) makes application on the form provided by the Gas Board;
(b) has been employed in that compressed gas licence area during the previous year; and
(c) pays the fee prescribed by this Regulation.
19(2)A compressed gas licence expires on the thirty-first day of December of the year for which it was issued or renewed.
IV
PROPANE AND NATURAL GAS
PLANS AND SPECIFICATIONS
20(1)Plans and specifications, in triplicate, of the design of gas systems that are independent of other mechanical systems and of the design of any alteration or addition thereto shall be submitted to the Chief Inspector to determine whether this Regulation has been complied with before any work commences on or any alteration or addition is made to
(a) Repealed: 97-36
(b) filling plants,
(c) dispensing units, and
(d) all gas installations having a total heating value of five million British Thermal Units or greater.
20(2)The plans and specifications referred to in subsection (1) shall include:
(a) a piping layout for each floor and a layout of vertical runs servicing all floors and any mains;
(b) a calculation of pipe sizes to prove proper supply of gas to all appliances;
(c) detail of the erection, showing location of gas piping, detail of piping supports and protection of the piping and tanks where required;
(d) the number and location of cylinders or tanks;
(e) a schedule of approved fittings and valves; and
(f) a statement that the installation is to be made by personnel holding the proper class of compressed gas licence prescribed in section 17.
20(3)Notwithstanding the requirements of subsections (1) and (2), all firms or corporations installing, converting or servicing carburetion equipment on mobile vehicles shall retain the plans and specifications and a current list of all installations which shall be made available to a boiler inspector for audit.
88-268; 97-36
V
MEDICAL GAS PLANS
AND SPECIFICATIONS
21(1)Plans and specifications, in triplicate, of the design of each medical gas piping system that is independent of other mechanical systems and of the design of any alteration or addition thereto shall be submitted to the Chief Inspector to determine whether this Regulation has been complied with before any work commences on or any alteration or addition is made to such medical gas piping system.
21(2)The plans and specifications referred to in subsection (1) shall include:
(a) a piping layout for each floor and a layout of vertical runs servicing all floors and any mains;
(b) a calculation of pipe sizes to prove proper supply of medical gas to all areas;
(c) detail of the erection, showing location of anchor points, expansion provisions and detail of protection for medical gas piping;
(d) a schedule of approved fittings; and
(e) a statement that the brazing procedure to be used has been registered by the Department.
88-268
VI
SPECIAL REQUIREMENTS
22Filling plants, including dispensing units, shall be equipped with an automatic shutoff device to stop the flow of propane into cylinders.
23No person, firm or corporation shall offer for sale, lease or rent any gas appliance or equipment that does not have a seal of approval from a testing laboratory referred to in section 7.
VII
INSPECTIONS
2014-95
24Repealed: 2014-95
2014-95
25No person shall use a pressure vessel for the storage or distribution of gas unless it has been constructed and stamped in accordance with the requirements of the Boiler and Pressure Vessel Code - Boiler and Pressure Vessel Act, except that any pressure vessel which has a capacity not exceeding one thousand pounds (four hundred and fifty-four kilograms) of water may be constructed and stamped in accordance with the requirements of the Canadian Transport Commission or the United States Department of Transportation.
26Repealed: 2014-95
2014-95
27(1)Every medical gas piping system shall be verified by the holder of a Class G Medical Gas Verifier Compressed Gas Licence during construction.
27(2)Daily records of inspections and tests performed shall be maintained and made available to a boiler inspector for audit.
28Repealed: 97-36
88-268; 97-36
29(1)All gas distributors shall be responsible for verifying that an installation is in accordance with the requirements of this Regulation before filling an installation with gas.
29(2)Records of any installation verification shall be kept and made available to a boiler inspector for audit.
97-36
30Repealed: 97-36
97-36
31Repealed: 97-36
97-36
32Pressure vessels which show signs of corrosion, dents, bulges or other damage shall not be filled with gas or used and shall be reported to the Chief Inspector.
33No pressure vessel which has a capacity exceeding one thousand pounds (four hundred and fifty-four kilograms) of water shall be used for the storage or distribution of gas unless the owner or agent is in possession of a valid certificate of inspection issued by the Chief Inspector.
2014-95
34(1)No person, firm or corporation shall install more than four propane cylinders or tanks on any propane installation.
34(2)Repealed: 2014-95
34(3)Repealed: 2014-95
34(4)In any area of the Province where bulk delivery is not provided or in an emergency, the Chief Inspector may authorize the installation of additional cylinders on a single installation.
87-82; 2014-95
35Welding of pressure vessels, piping or equipment used in connection with gas shall not be carried out without the authorization of the Chief Inspector and any such welding shall be carried out by welders qualified under the Act.
36(1)Where a gas accident or incident occurs, the supplier of gas to the installation shall immediately report it to the Chief Inspector by telephone or telegraph and shall, within twenty-four hours, send a written report to the Chief Inspector.
36(2)No person shall interfere with any equipment in, on or about the place where an accident or incident has occurred, except in so far as may be necessary for the purpose of preventing death or injury or protecting property, without the approval of a boiler inspector.
VIII
FEES
37(1)The fees for installation permits are as follows:
(a) for a new installation:
(i) having a calorific capacity of 117 kW (400 000 BTU) or less, $100;
(ii) having a calorific capacity in excess of 117 kW (400 000 BTU), the total of the following:
(A) $100 for the first 117 kW (400 000 BTU) inclusive, and
(B) $0.10 per 0.293 kW (1 000 BTU) thereafter to a maximum of $10,000;
(b) for the replacement or addition of an appliance:
(i) having a calorific capacity of 117 kW (400 000 BTU) or less, $50;
(ii) having a calorific capacity in excess of 117 kW (400 000 BTU), the total of the following:
(A) $50 for the first 117 kW (400 000 BTU) inclusive, and
(B) $0.10 per 0.293 kW (1 000 BTU) thereafter to a maximum of $10,000;
(c) for the installation of a residential venting system or part thereof, or residential non-welded gas piping with a maximum length of 60 m and a working pressure of less than 230 kPa (33 psi), $50;
(d) for the installation of a non-residential venting system or part thereof, or non-residential non-welded gas piping with a maximum length of 60 m and a working pressure of less than 230 kPa (33 psi), $100;
(e) for the installation of all other gas piping or medical gas piping, $300;
(f) for the installation of a storage cabinet or cage at a propane cylinder exchange site, $100;
(g) for the installation of a propane container, $25 for each container;
(h) for the establishment of a new bulk plant, $0.04 for each litre of storage capacity;
(i) for the installation of a gas dispenser, a propane vaporizer, or a digester gas or landfill gas installation, $250 each.
37(2)The fee for a Gas Installation Contractor Licence, a Gas Piping Contractor Licence, a Gas Service Contractor Licence and a Medical Gas Piping Contractor Licence is $400.
37(3)The fee for a Gas Distribution Licence, a Gas Dispenser Licence, a Gas Cylinder Exchange Licence and an NGV Refueling Plant Licence is $100.
37(4)The fee for a Gas Bulk Plant Licence is $400.
37(5)The fee for an examination for any class of compressed gas licence is $50.
37(6)The fee for the renewal of any class of compressed gas licence is $50.
37(7)Subject to subsection (9.1), the fee for an initial inspection is $100 per hour or any part of an hour, with a minimum charge of $100.
37(8)Subject to subsection (9.1), the fee for a regular inspection is $100 per hour or any part of an hour, with a minimum charge of $100.
37(9)Subject to subsection (9.1), the fee for a special inspection is $100 per hour or any part of an hour, with a minimum charge of $100.
37(9.1)The fees under subsections (7), (8) and (9) are $150 per hour or any part of an hour for an inspection done during overtime, with a minimum charge of $150.
37(10)The fee for a plan review under subsection 20(1) is $100 per hour or any part of an hour, with a minimum charge of $100.
88-56; 89-22; 95-147; 97-11; 97-36; 98-22; 2002-46; 2003-68; 2011-19
38Regulation 77-38 under the Boiler and Pressure Vessel Act is repealed.
39This Regulation comes into force on August 1, 1984.
N.B. This Regulation is consolidated to December 18, 2020.