Jurisdictional Legislation for Power Engineers (PDF)

Jurisdictional Legislation for Power Engineers • Chapter 2 Objective 2 Explain the purpose and scope of your Jurisdictional Act and Regulations pertaining to Power Engineering and Pressure Equipment. Jurisdictional Acts and Regulations Boilers, pressure vessels, and Power Engineering are all under...

Jurisdictional Legislation for Power Engineers • Chapter 2 Objective 2 Explain the purpose and scope of your Jurisdictional Act and Regulations pertaining to Power Engineering and Pressure Equipment. Jurisdictional Acts and Regulations Boilers, pressure vessels, and Power Engineering are all under Provincial jurisdiction; each Jurisdiction has its own legislation. The chart below shows the applicable legislation for each jurisdiction. The “Authority with Jurisdiction” is the provincial regulatory enforcement agency. It is critical to acquire a copy of the local Jurisdiction’s Act and Regulations. Study them and become familiar with their requirements. Province Authority with Jurisdiction Act British Columbia British Columbia Safety • Safety Standards Act Authority Alberta Alberta Boilers Safety Association • Safety Codes Act Regulations • Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation • Power Engineers Regulation • Pressure Equipment Safety Regulation • Pressure Welders Regulation • Pressure Equipment Exemption Order Saskatchewan Manitoba Ontario Technical Safety Authority of Saskatchewan • The Boiler and Pressure Vessel Act Office of the Fire Commissioner • Power Engineers Act • The Boiler and Pressure Vessel Regulations • The Technical Safety Authority of Saskatchewan Act • Steam and Pressure Plants Act Technical Standards and Safety Authority • Technical Standards and Safety Act • Power Engineers Regulation • Steam and Pressure Plants Regulation • Operating Engineers Regulation • Boilers and Pressure Vessel Regulation 4th Class Edition 3 • Part A 2-9 Unit A-3 • Introduction to Power Engineering and its Governance in Canada Province Quebec Authority with Jurisdiction Direction de la qualification réglementébec Act Regulations • Stationary Enginemen • Regulation Act, R.S.Q. c. M-6 respecting stationary enginemen, R.Q. c. M-6, r.1, (Stationary Enginemen Act) • Regulation respecting certificates of qualification and apprenticeship regarding gas, stationary engines and pressure vessels, R.R.Q., c. F-5, r.2, (Workforce vocational training and qualification New Brunswick Public Safety • Power Engineer Licenses • Boiler and Pressure Vessel Regulation- 84 Technical Inspection Services • Boiler and Pressure Vessel Act • New Bruswick Regulation 84-175 under the Boiler and Pressure Vessel Act Newfoundland and Labrador Department of Advanced Education and Skills, Apprenticeship and Trades Certification Division • An Act Respecting Boilers, Pressure Vessels and Compressed Gas • Boiler, Pressure Vessel and Compressed Gas Regulations, under the Public Safety Act Nova Scotia LAE-Technical Safety Division Power Engineers Section • Technical Safety Act • Power Engineers Regulation Prince Edward Island Boiler and Pressure Vessel Inspection Environment, Labour and Justice • Power Engineers Act • Power Engineers Act Regulations Northwest Territories Government of Northwest Territories Public Works and Services • Boilers and Pressure Vessels Act • Boilers and Pressure Vessels Regulations Nunavut Community and Government Services Protection Services Division • Consolidation Of Boilers and Pressure Vessels Act • Consolidation Of Boilers and Pressure Vessels Regulations Yukon Yukon Department of Community Services Building Safety Branch • Boiler and Pressure Vessels Act • Power Engineers Regulations New Brunswick • Boiler and Pressure Equipment Regulations • Pressure Welders’ Regulations • Design, Construction and Installation Of Boilers and Pressure Vessels Regulations 210 4th Class Edition 3 • Part A Jurisdictional Legislation for Power Engineers • Chapter 2 Jurisdictional (Provincial and Territorial) Acts What follows is a general discussion of the portion of the Acts that apply to pressure vessels and their operation. Definitions All Acts and Regulations define the technical terms used in the Act. These words have very specific meanings that may be different from their commonly-used meaning. Examples of these words include: “heating surface”, “pressure vessel”, “hot water heater”, “shift engineer”, and “power plant”. Exceptions Acts and Regulations will also list what is exempt from the legislation. Exemptions may exist due to any of the following: a) The equipment is considered too small to present a significant hazard. b) The equipment may be under a federal or municipal jurisdiction. c) The equipment may fall under another provincial act. Examples of equipment that may be exempt are: a) Boilers that operate below a specific pressure. b) Boilers that are below a certain heat output capacity. c) Non-hazardous piping that is small in diameter, does not contain toxic materials, or is under low pressure. d) Pressure vessels less than a certain internal diameter or internal volume. e) Pressure vessels that operate below a specified pressure. f ) Refrigeration systems that are below a certain cooling capacity. g) Refrigeration systems that use air or water as the cooling agent. Responsibilities The Act defines the responsibilities for inspectors, operators, designers, vendors, and owners of the equipment for which the Act applies. For example, the manufacturer must comply with the Act in the design, registration, and construction of the equipment. The operator must comply with the Act in the operation and maintenance of the equipment. The operator must also disclose any known unsafe conditions to the Inspector. The Inspector must not falsely certify any plant, boiler, or pressure vessel. The Inspector must also not permit an unsafe boiler or pressure vessel to operate. The owner of a plant must ensure the plant is adequately staffed. The owner shall not permit the plant to be operated if the plant’s operating certificate has expired. Design, Construction and Sale This section deals with the approval and registration of the design of boilers and pressure vessels to be constructed in the jurisdiction; or those that are to be brought into the jurisdiction. Any boiler, pressure vessel, or pressure piping system must be constructed from a design registered in the jurisdiction where it will be installed. Fittings All fittings constructed in the jurisdiction for use in that jurisdiction, or brought into the jurisdiction, must be registered in the same way as boilers and pressure vessels. Boiler and Pressure Vessel Identification In some jurisdictions, before issuing the initial certificate of inspection, the inspector must make sure that the jurisdiction’s identification number is stamped on the boiler or pressure vessel. 4th Class Edition 3 • Part A 2-11 Unit A-3 • Introduction to Power Engineering and its Governance in Canada Construction, Installation and Sale of Boilers, Pressure Vessels, and Fittings This section regulates the construction, installation, and sale or disposal of boilers, pressure vessels, fittings, and pressure piping systems. Inspections This section lists the rules regarding: a) b) c) d) The inspector’s powers and authority. How frequently inspections should take place. Orders issued by the inspector. The responsibilities of the owner or person in charge of the equipment, with regard to assisting the inspector. Persons designated by the minister can enter any premises to which the act applies and carry out an inspection. They can review documents, interview workers, review test data, and if necessary make recommended changes for the protection of persons and property. Responsibilities of the owner are described for the inspection process in this section. It is forbidden to prevent or hinder inspectors who are carrying out their duties. The certificate of inspection is described in this section. As well, this section describes the responsibilities of the owner or person in charge to retain and display the operating certificate. Operation and Supervision This section explains the certificate of competency requirements for a power plant’s Chief Power Engineer, Shift Engineers, or Assistant Shift Engineers. The exceptions to this requirement are also detailed. If a plant does not require supervision by a Power Engineer, then the owner of the plant is responsible for the proper care and safe operation of the plant. Accidents and Investigations This part of the Act explains the procedures to be followed by the owner or person in charge in the event of an accident that involves the boiler, pressure vessel, or power plant. These types of accidents may be investigated by the Chief Inspector of the Authority with Jurisdiction, or by other Inspectors directed to do so. The Chief Inspector or Inspector has the authority to conduct investigations to: a) Identify unsafe conditions. b) Determine the causes of fire or accidents. c) Develop recommendations for accident prevention or reoccurrence. Certificates of Competency The various Power Engineers’ certificates of competency are listed, as are the details of the duties that the certificate holder is authorized to perform. Certificates may be mentioned under the act, but will be more detailed in the regulations. The act describes the requirements for certificates. It allows for the suspension or cancellation of certificates if: a) The act is not complied with. b) The person no longer meets the requirements to hold a certificate. 2-12 4th Class Edition 3 • Part A Jurisdictional Legislation for Power Engineers • Chapter 2 Progression to Higher Certificates of Competency To progress from one class of certification to the next, the candidate needs 4 things. • A valid Power Engineering Certificate at the level one lower than the examination to be attempted. In other words, an examination candidate for Third Class must have a valid Fourth Class license. • Education, either from High School or through an approved Power Engineering course of studies • A specified amount of work experience in a plant of the required class (“Steam Time”), and • Successful completion of the SOPEEC examinations. Power Engineers must progress successively through the various classes. For example, it is not possible to move directly from the Fourth Class Certificate to the Second Class Certificate; the candidate must at some time hold a Third Class Certificate. The progression route is outlined in the Power Engineers Regulations of each jurisdiction. Unlike a trades license, there is no expectation for Power Engineers to continue through to a final level of certification (a “Journeyperson”). Instead, every level of Power Engineering is an “exit point.” A Fourth Class Power Engineer can have a fulfilling and rewarding life-long career as a Fourth Class Power Engineer, without furthering his or her studies. Despite this, most Power Engineers advance their studies, so that they may take upon more challenging roles. A Sample First Class Power Engineer’s Certification of Competency is shown in Figure 2. Figure 2 – Sample Certificate of Competency 4th Class Edition 3 • Part A 2-13 Unit A-3 • Introduction to Power Engineering and its Governance in Canada Educational Program Completion Depending on the jurisdiction and certificate applied for, credits in lieu of plant experience may be granted on successful completion of a learning program in Power Engineering satisfactory to the Jurisdictional Chief Inspector. Typical successful completion means that the student must complete all assignments, meet the educational institution’s attendance requirements, and pass a final examination. If, for example, a candidate successfully completes a course for the Fourth Class Certificate, an accredited certificate like that shown in Figure 3 will be awarded, entitling that student to an experience credit of a certain number of months. Credits are given for completion of appropriate courses towards most certificates. Figure 3 – Certificate issued upon Completion of Program NOTE: The certificate issued upon successful completion of this course is not a Power Engineer’s Certificate of Competency. 2-14 4th Class Edition 3 • Part A Jurisdictional Legislation for Power Engineers • Chapter 2 Complaints, Investigations, and Disciplinary Action The Chief Inspector will conduct a preliminary investigation, if a complaint is made against a Power Engineering certificate holder accused of: a) Acting incompetently, negligently, dangerously, or improperly, or b) Is incapable of performing the duties of the position. If the preliminary investigation justifies a further investigation, a committee of inquiry will be established. After the completion of its inquiry, the committee will then prepare a written report on the matter. If the committee finds that the certificate holder is at fault, then the committee may either suspend or cancel that person’s certificate of competency. The person may appeal this suspension or cancellation by following the jurisdiction’s appeal procedure. This may be mentioned under the Act, but will be more detailed in the Regulations. Administration The Minister may transfer the responsibilities for the administration of the Act to a director, administrator, or safety codes officer. This gives the designated person the authority to act on behalf of the Minister. This involves conducting the activities regarding inspection and ensuring there is compliance with the legislation. Chief Inspector / Inspectors The Inspectors are persons appointed by the Minister or the Minister’s designate. They have the power and the duty under the legislation to conduct inspections, issue orders, and enter premises to conduct their activities. Orders and Offences In cases of noncompliance, the inspector can order the operator, owner, manufacturer, installer, or designer to: • Stop work or operations • Limit work or operations • Take immediate corrective actions so that they comply with the Act The person who has received an improvement order may appeal. If the appeal is rejected, the person who received the order is expected to comply. If the person does not comply with the order, he or she may be fined or imprisoned. Regulations This part of the Act states that the governing body of the jurisdiction may make regulations with respect to the registration of design, construction, testing, installation, inspection, operation, and repair of boilers, pressure vessels, power plants, and fittings. Other regulations pertaining to Power Engineers and pressure welders may also be mentioned. 4th Class Edition 3 • Part A 2-15