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Legislation and Codes for Power Engineers • Chapter 1 OBJECTIVE 2 Describe the general content of a typical boiler and pressure vessel act and its associated regulations. UNDERSTANDING ACTS AND REGULATIONS All Power Engineers should obtain copies of the relevant acts and regulations for boilers, p...

Legislation and Codes for Power Engineers • Chapter 1 OBJECTIVE 2 Describe the general content of a typical boiler and pressure vessel act and its associated regulations. UNDERSTANDING ACTS AND REGULATIONS All Power Engineers should obtain copies of the relevant acts and regulations for boilers, pressure vessels, and operators for their respective province or territory. Having a working knowledge of this legislation enables Power Engineers to ensure their plant meets the legal requirements for their jurisdiction. Regarding boiler and pressure vessel safety, an act is a law passed by a provincial or territorial legislature, while regulations are rules that address the details and practical application of the act for certain types of equipment. Acts, by nature, are general in content. They are meant to address extremely broad topics. Regulations, on the other hand, get specific. They expand upon and clarify the broad topics of an act. As an example of the difference between an act and a regulation, consider the following: The Safety Codes Act of Alberta has this to say, in part, about regulations: 65(1) The Lieutenant Governor in Council may make regulations for: (f) governing the qualifications of safety codes officers and applicants for and holders of permits and certificates of competency The Power Engineers Regulation of Alberta goes further than this and gets quite specific. In part, it states the following: Qualifications, Equivalencies, and Applications for Certificates 1st Class Power Engineer's examination 16(1) To qualify to take a 1st Class Power Engineer s Certificate of Competency examination, a candidate must hold a 2nd Class Power Engineer's Certificate of Competency. (2) A 1st Class Power Engineers Certificate of Competency examination must consist of questions relating to the subjects contained in the current reference syllabus established by the Administrator for the 1st Class Power Engineers Certificate of Section 16.1 AR 85/2003 POWER ENGINEERS REGULATION 22 Competency examination and must be divided into 2 parts, lettered A and B. (3) To pass a 1st Class Power Engineer s Certificate of Competency examination, a candidate must obtain at least 65% of the total marks allotted for each examination paper. The act says that a regulation may be created to address the qualifications of certificates of competency, and the regulation fills in the details. 3rd Class Edition 3 - Part A2 ^ Chapter 1 • Legislation and Codes for Power Engineers There are two general ways in which pressure equipment legislation operate in Canada. 1. Some provinces and territories (Saskatchewan, Manitoba, New Brunswick, Prince Edward Island, Nunavut, Northwest Territories, and Yukon) have a specific Boiler and Pressure Vessel Act. There may also be regulations issued under the act that pertain to boilers and pressure vessels. Power Engineers Regulations usually come under this same act, except for PEI where there is a separate Power Engineers Act. 2. In other provinces (British Columbia, Alberta, Ontario, Quebec, Nova Scotia, and Newfoundland and Labrador) the act is a more general public safety act, and its scope goes beyond boilers and pressure vessels. These generic acts may include building, plumbing, electrical and fire codes, compressed gas systems, oil and gas pipelines, cranes, elevating devices, and amusement devices. Regulations under the act pertain to boilers and pressure vessels. Power Engineers, and pressure welding, as well as the areas listed above. Table 1 gives the names of the provincial and territorial acts and regulations. Table 1 - Boiler and Pressure Vessel Legislation by Province Alberta Safety Codes Act Pressure Equipment Safety Regulation AR49 British Columbia The Safety Standards Act Power Engineers, Boiler, Pressure Vessel, and Refrigeration Safety Regulation Power Engineers Regulation AR 85 B.C. Reg. 104 Manitoba The Steam and Pressure Plants Act Steam and Pressure Plants MR 108 Power Engineers MR 40 New Brunswick Boiler and Pressure Vessel Act Boiler and Pressure Vessel Code, NB Reg. 84-174 Newfoundland and Labrador Public Safety Act Nova Scotia Technical Safety Act Boiler and Pressure Equipment Regulations Power Engineers Regulations NS Reg. 12 Boilers, Pressure Vessels, and Compressed Gas Regulations NL Reg. 119 Ontario Technical Standards & Safety Act Boilers and Pressure Vessels Regulation 0. Reg.220 Prince Edward Island Boilers and Pressure Vessels Act Boilers and Pressure Vessels Regulations B-5 Power Engineers Act and Regulations P-15 Operating Engineers Regulation 0. Reg. 219 Quebec Regulation Respecting Pressure Installations Saskatchewan Boiler and Pressure Vessel Act Boiler and Pressure Vessel Regulations Chapter B-1.1, r. 6.1 Chapter B-5.1 Reg. 2 Northwest Territories Nunavut Boilers and Pressure Vessels Act Yukon Boiler and Pressure Vessels Act Building Act In this chapter, when referring to any of the jurisdictional acts above, the term Boiler and Pressure Vessel Act, or simply the act, will be used. 3rd Class Edition 3 • Part A2 Legislation and Codes for Power Engineers • Chapter 1 ^ BOILER AND PRESSURE VESSEL ACTS The various acts in Canada all have the same general purpose and are similar in many ways. But there are differences. Power Engineers must make sure they refer to the act of their jurisdiction. The following information describes the contents that may be found in a typical boiler and pressure vessel act. This information is somewhat generic as none of the acts in Canada are exactly alike. Definitions and Interpretations A boiler and pressure vessel act begins by defining various terms that are used in the act and its regulations. This includes terms such as administrator, approval, contractor, design, evaluation, owner, registration, and variance. Terminology Definitions do not necessarily mean the same thing from one province or territory to another. Consider the following: 0 • In Alberta, the Safety Codes Act states that an "owner includes a lessee, a person in charge, a person who has care and control, and a person who holds out that the person has the powers and authority of ownership or who for the time being exercises the powers and authority of ownership" (Alberta Queen's Printer, 2000). Further, the User Guide to the Pressure Equipment Safety Regulations says "Owner refers to a person or company who has care and control of pressure equipment, regardless of whether the equipment is the actual property of that person or company" (Alberta Queen's Printer, 2000). • Under Ontario Regulation 219/01, Operating Engineers, owner means the person to whom or which the plant is registered, but does not mean the operating engineers or operators who operate, control, or maintain the plant (Ontario Queen's Printer, 2001). So, in Alberta, an operator can be deemed to be the owner, but in Ontario, it is specifically stated that an operator is not the owner. Legally, an owner has more responsibility and liability than an operator/ which could become an issue in the event of an accident/ incident/ or death in the plant. Quality Control System The act may state that agencies engaged in activities such as pressure equipment manufacturing, construction, in-service inspection, alterations and repair, and pressure relief device servicing must have a quality control system to ensure compliance with applicable codes and standards. A quality control system is a set of documented, planned, and systematic actions that describe how an organization will ensure compliance with codes and standards. The quality control program is written up in a quality manual that must be approved by the regulatory authority before authorization is given. Terminology The term quality control is used in standards such as CSA-B51 (see CSA-B51-19, Part 1, Clause 4.9, Quality Control Program). Provincial acts and regulations may use various other terms including quality management, quality assurance, or quality program, but these course notes will use the term quality control exclusively. 3rd Class Edition 3 • Part A2 0 ^ Chapter 1 • Legislation and Codes for Power Engineers Registration of Design of Boiler, Piping System, or Fitting The act states that no person may construct, manufacture, or import any pressure equipment for use in a particular jurisdiction unless the design of that equipment is registered in the jurisdiction where it will be used. The equipment must also meet the requirements of provincial boiler and pressure vessel regulations. In order to import a used boiler, pressure vessel, plant, or piping system that was previously installed outside the jurisdiction, it is mandatory to obtain written approval from the chief inspector in the jurisdiction into which the equipment will be imported. To register a design, an applicant must apply in writing with details of the design, specifications, make, and date of manufacture of the equipment. Administration The act lays out how the various sections of the act will be administered and who will do it. The act or regulations will identify a person by job title (Chief Inspector, Administrator, Safety Manager, etc.) who has the authority to make technical decisions concerning the interpretation and application of the act and regulations. For example, the administrator for boiler and pressure vessel regulations is generally the chief inspector of the province issuing the regulation. Inspectors This section of the act lists the rules regarding inspections, the orders issued by an inspector, the powers of an inspector, and the responsibilities of the owner or person in charge of the equipment to assist an inspector. The certificate of inspection is described in this section, as well as the responsibilities of the owner or person in charge to retain and display this certificate. Q Terminology Inspectors may also be known as safety officers or safety codes officers depending on the jurisdiction. Accidents and Investigations The procedure to be followed by the owner or person in charge in the event of an accident concerning the boiler, pressure vessel, or power plant is detailed in this section of the act. It is also noted that such an accident may be investigated by the chief inspector or other persons as directed by the chief inspector. Regulations and Offences This part of the act states that the governing body of the jurisdiction may make regulations regarding boilers, pressure vessels, power plants, and fittings concerning the registration of design, construction, testing, installation, inspection, operation, and repair. Many other types of regulations that the governing body may make are also listed in this section, including rules concerning certificates of competency. This section states that contravening any provision of the act is an offence, and the penalty for doing so may be a fine or imprisonment. 10 3rd Class Edition 3 • Part A2 Legislation and Codes for Power Engineers • Chapter 1 BOILER AND PRESSURE VESSEL REGULATIONS The following information is a general overview of typical Boiler and Pressure Vessel Regulations issued under aboiler and pressure vessel act. It is a generic example only, which maybe recognizable, but it is not a complete or accurate representation of any single jurisdictions regulations. Definitions Definitions for boilers and pressure vessels are listed. Definitions may include boiler, fitting, power plant, heating plant, and manufacturer s data report. Exceptions Not all pressure equipment falls under the act and regulations. Equipment such as the following could be exempt from the Boiler and Pressure Vessel Act and Regulations. (There will be slight variations between the various Canadian jurisdictions.) • A boiler or pressure vessel subject to another act such as the Canada Shipping Act • A power boiler (high pressure boiler) with a heating surface of 1 m2 or less • A heating boiler (low pressure boiler) with a heating surface of 2 m2 or less Adoption of Codes The regulations of each province and territory reference certain codes and standards. Depending on the province, the wording may say that certain codes and standards are adopted, adopted as guides, or declared in force. This means that they become part of the legal requirements for pressure equipment in the province where they are adopted. Although all of the adopted codes are important, third class Power Engineers will deal with some more than others, especially those developed by the following organizations: • Canadian Standards Association (CSA) • American Society of Mechanical Engineers (ASME) • National Board of Boiler and Pressure Vessel Inspectors (NBBI) Design Registration The Boiler and Pressure Equipment Regulations lay out the requirements for design registration for boilers, pressure vessels, fittings, pressure piping systems, etc. These requirements include, among other things, design pressure and temperature, weld joint details, calculations, and drawings. Manufacturing and Construction Companies that manufacture and construct boilers and pressure vessels must be authorized to do so by a regulatory authority. Conditions that must be met for authorization are listed in the regulation. Approval is based on a review of the company's quality control system in place to ensure compliance with code and provincial regulations. This authorization and approval applies to both ASME authorized shops and non-ASME authorized shops. Boiler and Pressure Vessel Identification Every boiler and pressure vessel must have the mandatory stamping and nameplate that meet the requirements of CSA-B51 code. CSA-B51 specifies, in part, that every boiler and pressure vessel must be stamped with an ASME code symbol stamp or other stamp acceptable to the regulatory authority (CSA-B51-19, Part 1, Clause 5.3.1). 3rd Class Edition 3 - Part A2 11 ^ Chapter 1 • Legislation and Codes for Power Engineers Operations No equipment may be operated without an operating permit or license. Certain low-capacity boilers and pressure vessels are exempt from a certificate of inspection but are still subject to the other requirements of the regulation. Notification Unsafe conditions, accidents, and fires must be reported to the regulatory authority. The regulatory authority must also be notified in case of a change of ownership or location. Repairs and Alterations Repairs and alterations may only be carried out by agencies authorized by the regulatory authority. These agencies must submit a quality control system for approval. In some cases, the chief inspector may require that repair procedures be submitted for approval before the commencement of the work. (Note: the terms repair and alteration have specific meanings with respect to boilers and Q pressure vessels. See Terminology.) Terminology A repair returns a boiler or pressure vessel to its original condition as per the manufacturer's data report. Plugging a leaking tube is a repair. An alteration is a change to a boiler or pressure vessel that requires a change of design calculations or alters its pressure-containing potential as reported on the manufacturer's data report. Changing the maximum allowable pressure is an alteration. Refer to CSA-B51 Definitions Quality Control System for Periodic Inspections Boiler and Pressure Vessel Regulations require that every owner of a boiler, pressure vessel, or plant that is in use must ensure that this equipment is inspected at prescribed intervals. Periodic inspections (also called in-service inspections) must be performed by the regulatory authority or an inspection agency authorized by the regulatory authority, such as the following: • An authorized insurance company • An owner-user • An authorized third-party inspection company Inspection agencies authorized by the province or territory work under a quality control system that has been approved by the regulatory authority. Pressure Welding Procedures Pressure welding procedures are required when a person who intends to construct, alter, or repair any boiler, pressure vessel, fitting, or pressure piping system by welding. The procedures must be registered with the regulatory authority. Any alteration or repair involving welding must be done in accordance with the registered welding procedures. Pressure welders must be qualified in accordance with the registered welding procedure. 12 3rd Class Edition 3 • Part A2 Legislation and Codes for Power Engineers • Chapter 1 ^ POWER ENGINEERS REGULATIONS Power Engineers Regulations govern the training, experience, and certification requirements that ensure operator competency for the safe operation of boilers and pressure vessels. The following describes some of the information found in typical provincial regulations. Definitions Definitions are covered again in the Engineers Regulations. Some definitions are repeated from the act or other regulations; others are particular to these regulations. The definitions for positions such as chief steam engineer, shift engineer, and assistant shift engineer can also be found here. Supervision Power Engineers Regulations define several types of supervision, or attendance, required in plants. The names of these different types of supervision will vary slightly between provinces, as shown by the examples in Table 2, but generally mean the same thing. Table 2 - Types of Supervision Saskatchewan Alberta Nova Scotia Continuous • Continuous • Continuous • General • General • Periodic • Overall • Minimum • Reduced • Unsupervised Periodic Log Books The log book, or simply a log, is considered a legal document, and each entry must include the printed name and signature of the person providing supervision for each shift and be signed by the chief Power Engineer. The entries must be made in pen - not pencil. Each log book must be a standard, bound log book. An electronic format may be used if permitted by the regulations. It is the duty of the chief Power Engineer of a power plant and the Power Engineer in charge of a heating plant to ensure that the log book is updated regularly to record the following: • Boiler conditions during each shift • Abnormal conditions and action taken • Orders issued contrary or in addition to normal procedures • Preventative maintenance procedures and repairs carried out Certificates of Competency Rules regarding the issuing of Power Engineering certificates of competency (or qualification) by the chief inspector, as well as the certificate posting requirements, are discussed in this section of the act. 3rd Class Edition 3 - Part A2 13 ^ Chapter 1 • Legislation and Codes for Power Engineers Scope of a Power Engineers Certificate To prepare for a Power Engineers examination at a particular level, the candidate should be familiar with the range of plant capacities permitted by that certificate. For example, in Alberta, the holder of a Third Class Power Engineer certificate is permitted to operate within the following ranges of power plant capacity: • Chief Power Engineer: up to 5000 kW • Shift Engineer: 5000 kW to 10 000 kW • Assistant Shift Engineer: more than 10 000 kW (B Side Track Rating plant capacity in Canada is not a cut-and-dried subject. From one province to another, there is no consistent way of rating a plant. In Alberta, plant ratings are stated in kilowatts, which is calculated using the formula 1 m2 of heating surface area = 10 kW. In New Brunswick, plants are rated in therm hours. The rating of a power plant in Ontario, for the most part, is the total power rating of its registered boilers, steam prime movers, compressors/ and refrigeration compressors in kilowatts. There is an initiative to standardize the calculation of plant ratings across Canada, but as of this writing/ standardization is not widespread. Qualifications and Examinations In order to obtain a certificate of competency, a person must pass an examination set by the jurisdiction issuing the certificate. In order to qualify to take this examination, the candidate must fulfill certain conditions, such as previous working experience. The candidate must also hold a certificate of competency one grade lower than that which they are applying for, unless it is an entry level certification. Other information given in this section deals with examination pass marks and credits which maybe granted in lieu of operating experience. Another part of this section deals with the issuing of equivalent certificates of competency to persons from other jurisdictions. (B Side Track In Canada, the education and certification of Power Engineers and refrigeration operators conforms to a national syllabus that is owned by the Association of Chief Inspectors (ACI). The syllabus informs prospective candidates of the knowledge required for each examination. The content and standardization of Power Engineers examinations in Canada are guided by two committees: Standardization of Power Engineer Examinations Committee (SOPEEC) The standardized examinations for all classes of Power Engineering and refrigeration are controlled and set by SOPEEC. Suggested changes to the national syllabus must first be vetted by SOPEEC before being approved or denied by the ACI. Interprovincial Power Engineering Curriculum Committee (IPECC) This committee owns the curriculum designed to support the national syllabus. Suggested changes to the curriculum must be approved by IPECC. The committee can also suggest changes to the national syllabus. Members of this committee include educators, industry personnel/ and provincial examiners. More information regarding both these committees can be found on the internet. 14 3rd Class Edition 3 • Part A2 Legislation and Codes for Power Engineers • Chapter 1 f& PRESSURE WELDERS REGULATIONS Pressure welders regulations may include the following parts, and others. Definitions This part of the regulations defines terms such as performance qualification card, pressure welder, and pressure welding. Certificate of Competency To obtain a pressure welder certificate of competency, a person must pass an examination set by the jurisdiction issuing the certificate. This section of the regulation states that, in order to qualify to take this examination, the candidate must fulfill certain conditions in regard to previous experience as a welder. The certificate of competency permits the holder to engage in welding within the scope of the certificate and as described on the performance qualification card. Performance Qualification Tests This section lays out who may conduct performance qualification tests, including persons designated by inspectors and testing organizations. Miscellaneous Among the topics covered in this section are rules regarding identification of pressure welds and duplicate certificates of competency. HOW TO USE PROVINCIAL ACTS AND REGULATIONS Provincial acts and regulations can seem complex at first. Here are some suggestions for simplifying searches for information in these documents: 1. The content of the provincial acts and regulations for boilers and pressure vessels can be roughly categorized as administration, equipment, operators, and welding. If a question arises in which you need to refer to the acts and regulations, try to determine the category of information that you are looking for. This can narrow down your search and point you to the document you need. 2. The table of contents is usually arranged by numbered sections. In some provinces, the online regulations have active links in the table of contents to make searches easier. 3. Take time to browse through the regulations to get some basic familiarity. Try to understand the layout of the technical content. Look for patterns. For example, the items in the table of contents are often grouped into blocks that have a common theme, such as registration, construction, and operations. 4. Try to learn the meaning of basic terminology and definitions. The language of legal documents can be somewhat complex, but familiarity will aid understanding. 5. Become familiar with the definitions in CSA-B51-19, Part 1, Clause 3. These definitions are relevant to provincial regulations throughout Canada. Caution If there is a conflict between a code or standard and the act or regulations, the latter must be adhered to. 3rd Class Edition 3 • Part A2 15 ^ Chapter 1 • Legislation and Codes for Power Engineers PRACTICE EXERCISES FOR PROVINCIAL REGULATIONS The following exercises will help you practice using provincial acts and regulations. The exercises will make use of current Alberta regulations. However, a candidate for a Power Engineers certification will be tested on the regulations for the jurisdiction in which the exams will be written. Please refer to the current versions of the Alberta regulations: Pressure Equipment Safety Regulation AR 49-2015; Power Engineers Regulation AR 85-2018; and Pressure Welders Regulation AR 169-2014. These documents can be accessed, free of charge, at https://www.absa.ca/about-absa/absa-mformation/acts-regulations-and-codes/ Or The Queens Printer: http://www.qp.alberta.ca/Laws_Online.cfm Note: The purpose of using the Alberta Act and Regulations is solely to give you experience looking up and reading legislation references. Legislation is all worded similarly and has the same feel from jurisdiction to jurisdiction, so these exercises will help you develop the skills you need to use the act and regulations in your own jurisdiction. Use of the Alberta act and regulations is by no means an attempt to endorse the Alberta Act and Regulations over other jurisdictions. Caution Remember that learners must be familiar with the act and regulations of their own jurisdiction. Exercise 1. Access the Alberta regulations online and list the section number pertaining to the particular topic. Pressure Equipment Safety Regulation AR 49 - 2015 Topic _^ Change to a design Section number AR: 29-15: 22 Stamping and nameplates Historic pressure equipment Power Engineers Regulation AR 85 - 2018 Topic Section number Log book Temporary certificates Boiler rating Pressure Welders Regulation AR 169 - 2014 Section number Topic Conducting tests Duplicate certificates 16 3rd Class Edition 3 - Part A2 Legislation and Codes for Power Engineers • Chapter 1 Exercise 2. Short answer questions Pressure Equipment Safety Regulation AR 49-2015 1. Which National Fire Prevention Association (NFPA) codes are declared in force in the Pressure Equipment Safety Regulation - AR 49? 2. List three types of activity that require a quality management system and authorization from the regulatory authority. 3. Which section describes the requirements for an agency that wishes to apply for a certificate of authorization permit? 4. Once the pressure equipment design has been registered, which section describes the steps that the administrator must follow? 5. What must the owner do in case of unsafe conditions, accident, or fire related to pressure equipment? Power Engineers Regulation AR 85-2018 6. What is the maximum rating for a power plant (general) that a Third Class Power Engineer may operate as Chief Power Engineer? 7. What is the maximum rating for a power plant (oilfield once-through boiler) that a Third Class Power Engineer may operate as Chief Power Engineer? 8. What is a historic boiler? 9. Using Table 1 in the Power Engineers Regulation, what is the range of boiler capacity in kilowatts that a Third Class Power Engineer can operate as shift engineer? Pressure Welders Regulation AR 169 - 2014 10. What is the name of the card that is part of a certificate of competency and is issued to a pressure welder who succeeds at a performance qualification test? Answers 1. AR / 49, Section 6, Codes and Standards lists: NFPA 58-2014, NFPA 59-2015 2. AR/49, Section 11(1) 3. AR/49, Section 12(1) 4. AR/49, Section 19(1) 5. AR / 49, Section 35 (1) Must forthright (immediately) report to the Administrator 6. AR / 85, Table 1 (page 37), row 3, up to 5000 kW as Chief Power Engineer 7. AR / 85, Table 2 (page 38), row 3, up to 10 000 kW as Chief Power Engineer 8. AR / 85, Section 1, Definitions, para. (k.l), "historic boiler" means a boiler forming part of a traction engine, threshing machine, steam locomotive, or other power plant of historic interest 9. The range is 5000 to 10 000 kW. 10. AR / 169, Section 1, Definitions, para (d) performance qualification card Optional Exercise - Comparison of Jurisdictional Acts and Regulations As was mentioned earlier, the acts and regulations differ between jurisdictions. If you have access to the act and regulations from another jurisdiction, repeat Exercises 1 and 2. Compare the answers to determine how they differ. 3rd Class Edition 3 - Part A2 17

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