This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Fuel Safety Regulations
made under Section 51 of the
Fire Safety Act
S.N.S. 2002, c. 6
O.I.C. 2006-421 (September 29, 2006), N.S. Reg. 186/2006
as amended by O.I.C. 2009-164 (March 31, 2009, effective April 1, 2009), N.S. Reg. 104/2009
Table of Contents
Fuel Safety Board of Examination
Establishment of Fuel Safety Board of Examination
Functions of Board of Examination
Certain activities prohibited without gas business licence
Classes of gas business licences
Application for gas business licence or renewal
Inspection and records of gas business licensee
Performance of certain tasks prohibited without gas technician licence
Classes of gas technician licences
Application for gas technician licence or renewal
Tasks authorized to be performed by a Gas Technician I
Tasks authorized to be performed by a Gas Technician II
Tasks authorized to be performed by a Gas Technician III
Refusal to issue or renew, suspension or cancellation of licence
Requirement to produce licence
No performing task without certificate
No ordering or permitting task to be performed by unauthorized person
Certification examination required
Qualifications for examination leading to certification
Application for examination leading to certificate
Board of Examination to prescribe training courses and examinations
Examination of candidate for certification
Suspension or cancellation of certificate
No installation or alteration without permit or registration
Issue, terms and conditions of permit
Registration in place of a permit
Confirmation, terms and conditions of registration
Suspension, cancellation, refusal to renew or withholding permit or registration
Gas Appliances, Containers and Equipment
Approved gas appliance, container or equipment
Propane cylinder or pressure vessel requiring inspection and re-qualification
No supply or connection to installation without appropriate tag
No supplying gas if red “A” tag affixed
No using if red “A” tag affixed
Approved oil appliance, container or equipment
Installation or alteration must comply to Code
Part 3 - Inspectors’ Powers, Appeals and General Prohibitions
Powers of Inspector and Chief Inspector
Chief Inspector may issue bulletins
Inspector may make special inspection upon request
Inspector may require that test be witnessed
Chief Inspector may grant special permission to begin work
Inspector may order disconnection or other action to address hazard
Inspector may order discontinuance of use of appliance or equipment
Conversion without approved kit
1 These regulations may be cited as the Fuel Safety Regulations.
2 In these regulations,
(a) “Act” means the Fire Safety Act;
(b) “appliance” means a device in which gas or oil is used to provide service to the user of the device;
(c) “approved”, in relation to an appliance, a container or equipment, means certified by a recognized certification agency or approved by the Chief Inspector in accordance with Section 37 or 49;
(d) “Board” means the Fire Safety Appeal Board referred to in Section 40 of the Act;
(e) “Board of Examination” means the Fuel Safety Board of Examination established by Section 5;
(f) “BTU/h” means British thermal units per hour;
(g) “certificate” means a certificate issued by the Chief Inspector under Section 29 to allow the certificate holder to perform the tasks authorized for the class of certificate issued;
(h) “certificate holder” means a person who holds a valid certificate;
(i) “certified oil burner mechanic” means a person who holds a certificate of qualification as an oil burner installer and maintenance mechanic under the Apprenticeship and Trades Qualifications Act;
(j) “Chief Inspector” means the person designated by the Fire Marshal under Section 10 of the Act as chief inspector for the purpose of these regulations;
(k) “Codes” means the latest editions of the following codes published by the Canadian Standards Association, as amended:
(i) CAN/CSA-B139, Installation Code for Oil Burning Equipment,
(ii) CAN/CSA-B149.1, Natural Gas and Propane Installation Code,
(iii) CAN/CSA-B149.2, Propane Storage and Handling Code,
(iv) CAN/CSA-B149.3, Code for the Field Approval of Fuel-Related Components on Appliances and Equipment,
(v) CAN/CGA-B105-M93, Code for Digester Gas and Landfill Gas Installations,
(vi) CAN/CSA-B108, Natural Gas Fuelling Stations Installation Code;
(l) “direct supervision” means supervision by a person who is on site and responsible to assist and supervise the person requiring supervision;
(m) “dispensing unit” means a propane container-filling facility utilizing storage tanks with an aggregate capacity of 5000 USWG or less, and includes the facility commonly known to the propane industry as a service station;
(n) “equipment” means the accessories necessary to provide gas or oil for an appliance and to process the gas or oil for use in an appliance, and includes any item that contains or processes the gas or oil to make it suitable or available for use in an appliance;
(o) “fee” means the applicable fee as prescribed in these regulations;
(p) “fuel safety inspector” means a person designated by the Fire Marshal under Section 10 of the Act as an inspector for the purpose of these regulations, and includes the Chief Inspector;
(q) “gas” means propane, natural gas, digester gas and landfill gas, unless the context otherwise requires;
(r) “gas business licence” means a licence issued by the Chief Inspector to allow the licence holder to engage in the activities authorized by Section 8 for the class of licence issued;
(s) “gas technician” means a Gas Technician I, II or III;
(t) “Gas Technician I” means a person who holds a valid gas technician licence in the Gas Technician I class;
(u) “Gas Technician II” means a person who holds a valid gas technician licence in the Gas Technician II class;
(v) “Gas Technician III” means a person who holds a valid gas technician licence in the Gas Technician III class;
(w) “gas technician licence” means a licence issued by the Chief Inspector to allow the licence holder to perform the tasks authorized by Section 15, 16 or 17 for the class of licence issued;
(x) “inspector” means the Fire Marshal, the Chief Inspector or any other fuel safety inspector;
(y) “licence” means a gas business licence or a gas technician licence, unless the context otherwise requires;
(z) “Minister” means the Minister of Labour and Workforce Development;
(aa) “oil” means a hydrocarbon fuel oil as defined by CAN/CSA-B139, Installation Code for Oil Burning Equipment;
(ab) “permit” means a permit issued to a gas business licensee under Section 33 to allow the licensee to carry out an installation or alteration described in Section 32;
(ac) “piping system” means an arrangement of regulators, piping or tubing, valves and any other items required by the Codes to transfer gas or oil from the supply to the end-use appliance or equipment;
(ad) “propane” means any material that is composed predominantly of propane, propylene, normal butane, isobutane or butylene hydrocarbons or any mixture of those hydrocarbons;
(ae) “recognized certification agency” means a certification organization accredited by the Standards Council of Canada;
(af) “registration” means a registration of an installation or alteration under Section 34;
(ag) “sell” includes offer for sale, lease, rent, display and advertise;
(ah) “supervision” means supervision by a person who is able to be immediately contacted by the person requiring supervision;
(ai) “unacceptable condition”, with respect to an appliance, a container or equipment, means a condition in which the appliance, container or equipment
(i) is used for a purpose other than that for which it was approved,
(ii) is altered by the addition of a device or attachment or is deteriorated to an extent that is likely to impair its safe operation or void its approval under Section 37 or 49,
(iii) is likely to be impaired in its safe operation by the condition of the piping, tubing or hoses, the venting of products of combustion, the supply of air for combustion or the clearance from adjacent combustible matter, or
(iv) does not meet the requirements of these regulations;
(aj) “USWG” means U.S. water gallons.
3 (1) Except as varied or modified by these regulations or where inconsistent with the Act, the Codes are hereby adopted and must be complied with and are enforceable as if they were regulations.
(2) The effective date of the latest edition of any of the Codes, including any amendment to the Codes, is the first day of the fourth month following the month in which the edition is published.
(3) Unless otherwise defined in the Act or these regulations, words and expressions that are defined in the Codes have the same meaning in these regulations.
4 (1) These regulations do not apply to any of the following:
(a) a gas delivery system, as defined in the Gas Distribution Act, that is constructed or operated under a franchise issued under that Act;
(b) a pipeline, as defined in the Pipeline Act;
(c) a gas plant facility, as defined in the Gas Plant Facility Regulations;
(d) marine or pipeline terminals;
(e) petroleum refineries;
(f) gas being used as a feedstock in chemical plants;
(g) the storage and handling of liquified natural gas or underground reservoirs for natural gas.
(2) In these regulations,
(a) Part 1, consisting of Sections 7 to 48, applies only to gas;
(b) Part 2, consisting of Sections 49 to 51, applies only to oil;
(c) Part 3, consisting of Sections 52 to 64, contains general provisions that apply to both gas and oil; and
(d) Part 4, consisting of Sections 65 to 70, contains all the fees payable under these regulations.
Fuel Safety Board of Examination
Establishment of Fuel Safety Board of Examination
5 (1) There is hereby established a board of examination to be known as the Fuel Safety Board of Examination.
(2) The Board of Examination must consist of at least 5 but no more than 9 members, to be appointed by the Minister, as follows:
(a) 1 representative from the Apprenticeship Training and Skill Development Division of the Department of Labour and Workforce Development, who is a non-voting member of the Board of Examination;
(b) 1 member with experience in the propane industry;
(c) 1 member with experience in the natural gas industry;
(d) 1 member active in education and training for the gas industry;
(e) 1 member who is a consumer or user of gas products;
(f) 2 members with experience in the oil industry;
(g) up to 2 other members as the Minister considers necessary for the efficient and effective operation of the Board of Examination.
(3) The Minister must appoint one of the members of the Board of Examination to be chair of the Board of Examination.
(4) Each member of the Board of Examination must be appointed for a term of 3 years and may be reappointed.
(5) The members of the Board of Examination must serve without remuneration but must be reimbursed for the expenses necessarily and reasonably incurred by them in attending meetings of the Board of Examination.
(6) The Chief Inspector must serve as secretary to the Board of Examination.
Functions of Board of Examination
6 The following are the functions of the Board of Examination:
(a) to advise the Minister, the Fire Marshal and the Fire Safety Advisory Board on matters within the scope of these regulations;
(b) to advise the Department of Labour and Workforce Development with respect to matters within the scope of these regulations;
(c) to serve as a board of examiners for the classes of certification established by these regulations;
(d) to approve qualifications and determine substantial equivalencies for certification;
(e) to advise or make recommendations to the Minister concerning the general administration of these regulations or any matter that, in the opinion of the Board of Examination, may require amendment of these regulations;
(f) to carry out any additional duties prescribed by these regulations.
Certain activities prohibited without gas business licence
7 A person must not engage in any activities specified in Section 8, including operating any of the following types of business, without holding a valid gas business licence in a class that authorizes them to do so:
(a) propane storage or distribution;
(b) installing, repairing, servicing or maintaining gas appliances, containers, equipment or piping systems;
(c) operating a natural gas vehicle refuelling or cylinder filling station.
Classes of gas business licences
8 The classes of gas business licences are as follows:
(a) Class 1 (Gas Distribution) Licence, authorizing the licensee to operate any of the following:
(i) a propane bulk plant or propane container refill centre,
(ii) a propane dispensing unit for the purpose of filling portable cash-and-carry-type cylinders and motive fuel or recreational vehicle containers permanently mounted on vehicles,
(iii) a facility for transporting propane in bulk or cylinders, not including the retail sale or exchange of cylinders of 20 lbs. propane capacity or less;
(b) Class 2 (Contractor) Licence, authorizing the licensee to do any of the following:
(i) transport propane in approved containers for the purposes of making installations,
(ii) install gas appliances, equipment and piping systems,
(iii) repair, service and maintain gas appliances, containers, equipment and piping systems;
(c) Class 3 (Industrial) Licence, authorizing the licensee to do any of the following:
(i) repair, service and maintain industrial gas-fired appliances and equipment on the premises of the licensee,
(ii) repair, service and maintain propane motive fuel systems on off-highway vehicles operated by the licensee,
(iii) operate a propane dispensing unit for the purpose of filling cylinders used only by the licensee;
(d) Class 4 (Dispensing Station) Licence, authorizing the licensee to operate as a business a natural gas vehicle refuelling or natural gas cylinder filling station of any size.
Application for gas business licence or renewal
9 A person may apply for a gas business licence or renewal of a gas business licence by submitting all of the following information to the Chief Inspector together with the fee:
(a) the name and mailing address of the applicant;
(b) the civic address of the applicant if different from the mailing address;
(c) if the applicant is a corporate body, a list of the officers of the applicant;
(d) a list of certificate holders and gas technicians who are employed with or contracted by the applicant;
(e) proof of public liability insurance in the amount of $2 000 000 or another amount the Chief Inspector considers appropriate.
Inspection and records of gas business licensee
10 An inspector may carry out any inspection or require the production of any records of a gas business licensee that the inspector considers necessary to ensure the proper administration of the licence or compliance with these regulations.
Performance of certain tasks prohibited without gas technician licence
11 (1) Except as permitted under subsection (2), a person must not perform any tasks specified in Sections 15, 16 or 17 without holding a valid gas technician licence in a class that authorizes them to do so.
(2) A Gas Fitter III student who is enrolled in a training institution or working in the trade during an approved work term may perform the tasks specified in subsection 17(3) for up to 6 weeks, if
(a) the work is done under the direct supervision of a Gas Technician I or Gas Technician II; and
(b) the student has a temporary work permit issued by the Apprenticeship Training and Skill Development Division of the Department of Labour and Workforce Development under the Apprenticeship and Trades Qualifications Act General Regulations.
12 (1) In addition to their gas technician licence, a Gas Technician I or Gas Technician II requires a liquid propane authorization to work with liquid propane.
(2) The Chief Inspector may issue a liquid propane authorization to a Gas Technician I or Gas Technician II on proof of completion of an approved course of training based on CSA Model 25 or an accepted equivalency.
Classes of gas technician licences
13 The 3 classes of gas technician licences are as follows:
(a) Gas Technician I, authorizing the holder to perform the tasks specified in Section 15 for a Gas Technician I;
(b) Gas Technician II, authorizing the holder to perform the tasks specified in Section 16 for a Gas Technician II;
(c) Gas Technician III, authorizing the holder to perform the tasks specified in Section 17 for a Gas Technician III.
Application for gas technician licence or renewal
14 (1) An applicant for a gas technician licence or renewal of a gas technician licence must be at least 16 years of age and must, in the opinion of the Chief Inspector, hold the following qualifications, as applicable:
(a) for a Gas Technician I licence, a valid certificate of qualification as a Gas Fitter I under the Apprenticeship and Trades Qualifications Act, or other substantially equivalent qualification approved by the Chief Inspector;
(b) for a Gas Technician II licence, a valid certificate of qualification as a Gas Fitter II under the Apprenticeship and Trades Qualifications Act, or other substantially equivalent qualification approved by the Chief Inspector;
(c) for a Gas Technician III licence, a valid certificate of qualification as a Gas Fitter III under the Apprenticeship and Trades Qualifications Act, or other substantially equivalent qualification approved by the Chief Inspector.
(2) A person who qualifies under subsection (1) may apply for a gas technician licence or renewal of a gas technician licence by filing a completed application with the Chief Inspector in a form prescribed by the Chief Inspector together with
(a) information about the person’s training, experience and qualifications; and
(b) the gas technician licensing fee.
Tasks authorized to be performed by a Gas Technician I
15 A Gas Technician I may, with respect to a gas appliance, perform any of the following tasks:
(a) install, inspect, test, activate, purge, service, repair or remove an appliance or any equipment for the appliance;
(b) install, inspect, test, activate, purge, service, repair, perform maintenance on or remove any piping or tubing, or component in a piping or tubing system, to an appliance downstream of a natural gas meter;
(c) install, inspect, test, activate, purge, service, repair, perform maintenance on or remove any piping or tubing, or component in a piping or tubing system, to a propane-fired appliance or propane system, including installation or removal of the propane supply container;
(d) install, inspect, service, remove, repair or replace any vent, vent connector, draft control device or other component in a gas-fired appliance venting system;
(e) disconnect and reconnect water piping as necessary to exchange, service or install an appliance and carry out the replacement necessary to complete the reconnection of controls and components forming part of the appliance, but a Gas Technician I must not alter, remove, repair or replace any cross-connection control devices, or perform any additional plumbing work without a valid certificate of qualification in the plumber trade under the Apprenticeship and Trades Qualifications Act;
(f) perform maintenance on, service or replace a mechanical or electrical component or equipment that is either part of an appliance or essential to the operation of the appliance;
(g) install, service, remove or replace components and equipment forming part of the gas-side of a refrigerating or air conditioning unit, but a Gas Technician I must not perform any additional work beyond the gas-side of the appliance without a valid certificate of qualification in the refrigeration and air conditioning mechanic trade under the Apprenticeship and Trades Qualifications Act;
(h) disconnect and reconnect electrical supply wiring to exchange, service or repair an appliance and carry out the replacement necessary to complete the reconnection of controls and components forming part of the appliance, but a Gas Technician I must not run wiring back to the panel or perform any additional electrical work related to the wiring of the appliance without a valid certificate of qualification in the construction electrician trade under the Apprenticeship and Trades Qualifications Act;
(i) any tasks that may be performed by a Gas Technician II.
Tasks authorized to be performed by a Gas Technician II
16 A Gas Technician II may, with respect to a gas appliance having an input of 400 000 BTU/h or less, perform any of the following tasks:
(a) install, activate, purge, service, repair or remove an appliance or any equipment essential to the operation of the appliance;
(b) install, inspect, test, activate, purge, service, repair, perform maintenance on or remove any piping or tubing, or component in a piping or tubing system, to an appliance downstream of a natural gas meter, but only if the size of the piping or tubing is not greater than 2 in. Nominal Pipe Size;
(c) install, inspect, test, activate, purge, service, repair, perform maintenance on or remove any piping or tubing, or component in a piping or tubing system, to an appliance of a propane system, including installation and removal of the propane supply container, but only if the size of the piping or tubing is not greater than 2 in. Nominal Pipe Size;
(d) install, inspect, service, remove, repair or replace any vent, vent connector, draft control device or other component in a gas-fired appliance venting system;
(e) disconnect and reconnect water piping as necessary to exchange, service or install an appliance and carry out the replacement necessary to complete the reconnection of controls and components forming part of the appliance, but a Gas Technician II must not alter, remove, repair or replace any cross-connection control devices or perform any additional plumbing work without a valid certificate of qualification in the plumber trade under the Apprenticeship and Trades Qualifications Act;
(f) perform maintenance on, service or replace a mechanical or electrical component or equipment that is either part of an appliance or essential to the operation of the appliance;
(g) install, service, remove or replace components and accessories forming part of the gas-side of a refrigerating or air conditioning unit, but a Gas Technician II must not perform any additional work beyond the gas-side of the appliance without a valid certificate of qualification in the refrigeration and air conditioning mechanic trade under the Apprenticeship and Trades Qualifications Act;
(h) disconnect and reconnect electrical supply wiring to exchange, service or repair an appliance and carry out the replacement necessary to complete the reconnection of controls and components forming part of the appliance, but a Gas Technician II must not run wiring back to the panel or perform any additional electrical work related to the wiring of the appliance without a valid certificate of qualification in the construction electrical trade under the Apprenticeship and Trades Qualifications Act.
Tasks authorized to be performed by a Gas Technician III
17 (1) A Gas Technician III may, with respect to a gas appliance having an input of 400 000 BTU/h or less, and under the supervision of a Gas Technician II or Gas Technician I, perform any of the following tasks:
(a) install, test, reactivate or remove any piping or tubing, or a component in a piping or tubing system, to an appliance downstream of the natural gas meter or propane vapour service valve, up to the appliance isolation valve, but only if the size of the piping or tubing is not greater than 2 in. Nominal Pipe Size;
(b) reactivate a previously installed or previously converted appliance;
(c) disconnect and reconnect water piping as necessary to exchange, service or install an appliance and carry out the replacement necessary to complete the reconnection of controls and components forming part of the appliance, but a Gas Technician III must not alter, remove, repair or replace any cross-connection control devices or perform any additional plumbing work without a valid certificate of qualification in the plumber trade under the Apprenticeship and Trades Qualifications Act;
(d) clean or lubricate an appliance;
(e) clean, remove or replace a vent connector, venting or a draft control device.
(2) A Gas Technician III must not perform the initial activation of a new or newly converted appliance.
(3) A Gas Technician III may, under the direct supervision of a Gas Technician I or a Gas Technician II, perform any of the following tasks:
(a) install, service, convert or activate a gas appliance having an input of 400 000 BTU/h or less;
(b) install or exchange propane supply containers.
18 (1) The Chief Inspector may issue or renew a licence on receiving the required information and licence fee.
(2) A licence must be in the form determined by the Chief Inspector and may contain any terms and conditions that the Chief Inspector considers necessary.
(3) A licence is valid until the expiry date on the licence, for a term of 3 years from the date it is issued, unless suspended or cancelled sooner.
Refusal to issue or renew, suspension or cancellation of licence
19 The Chief Inspector may refuse to issue or renew a licence or may suspend or cancel a licence if the applicant or licensee, as applicable,
(a) violates the Act, these regulations, or the Codes;
(b) fails to comply with any term or condition of their licence; or
(c) fails to comply with an order or requirement of an inspector.
Requirement to produce licence
20 (1) A person must produce a licence on demand of an inspector.
(2) If a person fails to produce a licence on demand of an inspector, the failure is prima facie evidence that the person is not a licensee.
No performing task without certificate
21 (1) Except as permitted under subsections (2) and (3), a person must not perform any of the tasks referred to in Section 23, including all of the following, without holding a valid certificate in a class that authorizes them to perform the task:
(a) repairing, servicing or maintaining a gas appliance, container or piping system in-house in an industrial setting;
(b) repairing, servicing or maintaining a propane appliance, container or piping system in a recreational vehicle;
(c) transporting propane in portable containers for distribution purposes;
(d) operating a tank truck or cargo liner transporting propane;
(e) operating a propane bulk plant;
(f) operating a propane dispensing unit;
(g) installing or servicing a propane motive fuel system in an off-highway vehicle;
(h) installing a gas piping system.
(2) A gas technician, or a registered apprentice under the direct supervision of a gas technician, is permitted to perform a task referred to in clause (1)(a), (b), (c) or (h) without holding a certificate that authorizes them to perform the task.
(3) A person is not required to hold a certificate if all of the following apply to the person:
(a) the person is in training;
(b) the person is under the direct supervision of a certificate holder or gas technician, as applicable, in the applicable class;
(c) the person is performing only a task referred to [in] clause (1)(c), (d) or (e).
No ordering or permitting task to be performed by unauthorized person
22 A person must not order or permit any person to perform any task or other act that is prohibited by these regulations from being performed by a person who is not a certificate holder or gas technician, unless the person who is performing the task or other act meets one of the following requirements:
(a) the person holds a certificate or a gas technician licence authorizing them to perform it;
(b) the person is performing work or another act listed in clause 21(1)(c), (d) or (e) as an assistant to and under the direct supervision of a person who is the holder of a certificate or a gas technician licence authorizing that person to perform that work;
(c) the person is a gas fitter apprentice under the Apprenticeship and Trades Qualifications Act and performs any task or other act referred to in subsection 17(1) while under the direct supervision of a Gas Technician I or II.
23 The classes of certificates are as follows:
(a) Class B, which authorizes the holder to operate a propane bulk plant;
(b) Class C, which authorizes the holder to transport propane in portable containers;
(c) Class D, which authorizes the holder to operate a tank truck transporting propane;
(d) Class E, which authorizes the holder to operate a cargo liner transporting propane;
(e) Class F, which authorizes the holder to operate a propane dispensing unit;
(f) Class G (restricted certificate), which authorizes the holder to install, repair, service or maintain a gas appliance, container or piping system on a restricted basis as designated on the certificate, as follows:
(i) G-1 - restricted to the installation, repair, service and maintenance of propane systems for recreational vehicles and mobile homes,
(ii) G-2 - restricted to the installation, repair, service and maintenance of propane-fired construction heaters and portable cylinders, excluding supply tanks and building piping,
(iii) G-3 - restricted to the repair, service and maintenance of propane-fired domestic barbeque grills,
(iv) G-6 - restricted to the repair, service and maintenance of industrial in-house gas-fired appliances and equipment at the location designated on the certificate, and not including installation,
(v) G-7 - restricted to the repair, service and maintenance of systems in which propane is used as a motive fuel to power off-highway vehicles, and including conversion of the systems,
(vi) G-9 - restricted to the installation of gas piping systems of any size from the outlet of the meter or second stage regulator to the last shut-off valve.
Certification examination required
24 A candidate for any class of certificate must pass a certification examination prescribed by the Board of Examination.
Qualifications for examination leading to certification
25 (1) Except as provided for in subsections (2) and (3), the Board of Examination must determine the qualifications required of a candidate for examination for any class of certificate.
(2) A candidate for a certification examination must be at least 16 years of age and must, in the opinion of the Board of Examination, hold the following qualifications, as applicable:
(a) for a Class B certificate, at least 30 working days’ experience assisting in the operation of a propane bulk plant and completion of a training course approved by the Board of Examination;
(b) for a Class C certificate, completion of a training course approved by the Board of Examination;
(c) for a Class D certificate, at least 30 days’ experience on a propane tank truck under the direct supervision of a Class D certificate holder, and completion of a training course approved by the Board of Examination;
(d) for a Class E certificate,
(i) at least 6 months’ experience handling tractor trailers, 30 working days of which must be experience on propane cargo liners under the direct supervision of a Class E certificate holder, and completion of a training course approved by the Board of Examination, or
(ii) sufficient propane experience and completion of a recognized driver training course in handling tractor trailers;
(e) for a Class F certificate, successful completion of the Propane Gas Association of Canada 100-1 Dispenser Operator’s Course;
(f) for a Class G certificate, successful completion of a training course approved by the Board of Examination.
(3) The experience requirements of clauses (2)(b) to (f) must be fulfilled during the 12 months immediately before the date of application for the examination leading to certification.
Application for examination leading to certificate
26 A person who qualifies under Section 25 may apply to take the examination for certification in the applicable class by filing a completed application with the Board of Examination in a form prescribed by the Board of Examination together with all of the following:
(a) references and information about the person’s training, experience and qualifications;
(b) the certification fee.
Board of Examination to prescribe training courses and examinations
27 The Board of Examination must
(a) approve the training course required by Section 25 to be completed by a candidate for examination;
(b) prescribe the certification examination to be completed by a candidate for any certificate; and
(c) determine the degree of competency that a candidate requires to pass a certification examination.
Examination of candidate for certification
28 (1) A candidate for certification must be examined by one of the following:
(a) a member of the Board of Examination;
(b) at the discretion of the Board of Examination, a person or accredited body acceptable to the Board of Examination.
(2) The Board of Examination may set the time and place for an examination.
29 (1) The Board of Examination must notify the Chief Inspector of the name each candidate who passes an examination.
(2) On receiving notice under subsection (1), the Chief Inspector must issue a certificate to the successful candidate endorsed with the applicable class, or further endorse the successful candidate’s existing certificate, as applicable.
(3) A certificate is valid until the expiry date on the certificate, for a term of 3 years from the date it is issued, unless suspended or cancelled sooner.
(4) A certificate may be renewed upon application and payment of the certificate renewal fee.
Suspension or cancellation of certificate
30 If the Chief Inspector is satisfied that a certificate or endorsement on a certificate has been issued on the basis of incorrect or false information or that the holder of a certificate has failed to comply with these regulations, the Chief Inspector may suspend or cancel the certificate.
No installation or alteration without permit or registration
31 A person must not begin an installation or alteration referred to in subsection 32(1) or subsection 34(1) without a valid permit or registration as required.
32 (1) Except as provided for in Section 34, a gas business licensee must apply to an inspector for a permit before installing or altering any of the following:
(a) a gas piping system that supplies gas to an end-use appliance or equipment;
(b) storage or transfer equipment in a propane filling plant or dispensing unit;
(c) gas processing or gas utilizing equipment at a digester gas or landfill gas facility;
(d) a propane cylinder storage location;
(e) a natural gas vehicle refuelling station;
(f) any appliance or equipment that is field approved in accordance with subsection 37(3);
(g) foundation and supports for a vertical propane tank or for a horizontal tank with a capacity of 1700 USWG or greater.
(2) An application required by subsection (1) must be
(a) in a form specified by the Chief Inspector;
(b) accompanied by the application fee; and
(c) except as provided in subsection (3), accompanied by plans and specifications in a form acceptable to the Chief Inspector.
(3) Plans and specifications referred to in clause (2)(c) are not required to accompany an application for a permit for an installation or to alter an installation that has a total load of 3 million BTU/h or less, and that uses only approved appliances and equipment.
(4) An applicant for a permit is solely responsible for paying all costs incurred by the Fuel Safety Section of the Department of Labour and Workforce Development for engineering, consulting or other services during the process of permit approval, if the applicant has given prior approval for the services.
Issue, terms and conditions of permit
33 (1) If an inspector approves an application made under Section 32, including any plans and specifications required under clause 32(2)(c), the inspector may do any one of the following:
(a) issue a permit to the applicant;
(b) direct that a permit be issued to the applicant through Service Nova Scotia and Municipal Relations.
(2) A permit must be in a form specified by the Chief Inspector and may contain any terms and conditions that the Chief Inspector considers necessary.
(3) A permit is for a term of 1 year, and the term may be extended or the permit renewed.
(4) A permit is not transferable and must be used only by the authorized permit holder.
Registration in place of a permit
34 (1) Instead of applying for a permit under Section 32, a gas business licensee may file with Service Nova Scotia and Municipal Relations to register an installation or any alteration of an installation, if all of the following apply to the installation:
(a) it is for domestic use only;
(b) it is for the sole purpose of providing service to a 1-family or 2-family dwelling unit, as defined in the Nova Scotia Building Code;
(c) it has a total input load of 250 000 BTU/h or less;
(d) it is to include only approved gas appliances and equipment.
(2) A filing to register permitted by subsection (1) must be
(a) in a form determined by the Chief Inspector; and
(b) accompanied by the registration fee.
(3) A person must not file to register an installation or alteration of an installation for which a permit is required.
Confirmation, terms and conditions of registration
35 (1) If an inspector approves a gas business licensee’s filing to register under Section 34, the registration is complete and the inspector must direct that a confirmation notice be issued to the licensee through Service Nova Scotia and Municipal Relations.
(2) A registration may contain any terms and conditions that the Chief Inspector considers necessary, and the terms and conditions must be included in the confirmation notice.
(3) A registration is for a term of 1 year, and the term may be extended or the registration renewed.
(4) A registration is not transferable and must be used only by the authorized registration holder.
Suspension, cancellation, refusal to renew or withholding permit or registration
36 (1) If a person who holds a permit or registration fails to comply with the Act or these regulations, or with any term or condition of the permit or registration, the Chief Inspector may suspend, cancel or refuse to renew the permit or registration.
(2) If, in the opinion of an inspector, a holder of a permit or registration is delinquent in remedying a deficiency, the Chief Inspector may withhold any other permit or registration from the holder until the holder remedies the deficiency.
Gas Appliances, Containers and Equipment
Approved gas appliance, container or equipment
37 (1) A person must not sell, install, use, repair, service or maintain a gas appliance, a gas container or gas equipment, unless the appliance, container or equipment meets one of the following requirements:
(a) it is certified by a recognized certification agency;
(b) it is of a type and rating approved by the Chief Inspector.
(2) Any gas appliance, container or equipment that does not bear a nameplate or label indicating that it is certified by a recognized certification agency is deemed to be not approved by the Chief Inspector unless the contrary is proven.
(3) An uncertified gas appliance or gas equipment for which there is no recognized national standard is deemed to be certified by a recognized certification agency if it conforms with CAN/CSA-B149.3, Code for the Field Approval of Fuel-Related Components on Appliances and Equipment or another equivalent standard and it is field approved by a recognized certification agency.
(4) A field approval referred to in subsection (3) is valid only while the appliance or equipment remains on the site for which the field approval was given.
Propane cylinder or pressure vessel requiring inspection and re-qualification
38 (1) A person must not use, install or deliver gas to a propane cylinder, or a pressure vessel of 1000 lbs. water capacity or less for the storage, supply or distribution of propane, if the cylinder or pressure vessel is due for inspection and re-qualification.
(2) A propane cylinder or pressure vessel referred to in subsection (1) must be inspected and re-qualified by an inspector who is certified for that purpose by Transport Canada before it may be used or installed or have gas delivered to it.
39 (1) A person must not use, install or deliver gas to a propane container that shows signs of corrosion, dents, bulges or other damage.
(2) A propane container referred to in subsection (1) must be repaired and re-qualified in accordance with the requirements of the applicable Code before it may be used or installed or have gas delivered to it.
40 A person must not permanently install a propane container on the roof of a building or structure or allow a propane container to remain permanently installed on the roof of a building or structure.
41 If a gas explosion, leak, fire, accident or equipment failure or a propane-transporting vehicle incident occurs, the distributor, agent, installer or licensee must immediately report it to an inspector by telephone, fax or e-mail and must submit a written report respecting the matter by mail, fax, or e-mail to the Chief Inspector no later than 24 hours after the time of the occurrence.
No supply or connection to installation without appropriate tag
42 (1) A gas technician must not supply or connect gas to an installation until they verify that the installation has an appropriate tag and that it complies with these regulations and the Codes.
(2) This Section does not remove or diminish any of the responsibilities of the person responsible for affixing a green tag to an installation under Section 43.
43 (1) After a gas appliance, container or piping system is installed and before it is charged with gas, the Gas Technician I, Gas Technician II or Class G certificate holder responsible for the work completed must immediately complete and post an installation tag at the interior entry point of the gas piping system into a building or, if outdoors, at or near the meter or second stage regulator.
(2) An installation tag must be green in colour and must include all of the following information:
(a) the civic address of the premises where the gas appliance, container or piping system is situated;
(b) the number of the permit issued or registration number for the installation;
(c) the total system BTU/h load of the gas appliance, container or piping system;
(d) a statement that the installation complies with the Codes and these regulations;
(e) the date the work was completed;
(f) the signature of the person responsible for the work completed and
(i) if the person is a Class G certificate holder, their certificate number and class of certificate held, or
(ii) if the person is a Gas Technician I or Gas Technician II, their gas technician licence number and class of gas technician licence held;
(g) the gas technician licence number, class of gas technician licence held and signature of the Gas Technician I or Gas Technician II who performed the verification required by Section 42 before supplying fuel to the installation;
(h) the contractor’s name and gas business licence number.
(3) A gas technician who performs a verification and signs an installation tag under clause (2)(g) must not be the same person as the gas technician who signed the installation tag under clause (2)(f).
(4) The Gas Technician I, Gas Technician II or Class G certificate holder responsible for the work completed must send a copy of the installation tag to the gas supplier no later than 7 days after the date the work is completed.
44 (1) A Gas Technician I, Gas Technician II, Class G certificate holder, gas supplier or an inspector must affix a yellow “B” tag to any gas appliance, container or piping system that that person reasonably believes is a potential hazard to life or safety.
(2) A yellow “B” tag must include all of the following information:
(a) the civic address of the premises where the gas appliance, container or piping system is situated;
(b) the number of the permit issued for the gas appliance, container or piping system, if any;
(c) a statement of the problem or hazard identified;
(d) the date the tag was affixed;
(e) the signature of the person who affixed the tag and
(i) if the person is a Class G certificate holder, their certificate number and class of certificate held,
(ii) if the person is a Gas Technician I or Gas Technician II, their gas technician licence number and class of gas technician licence held, or
(iii) if the person is an inspector or gas supplier, their name;
(f) the tag’s expiry date, determined in accordance with subsection (5).
(3) A person who affixes a yellow “B” tab to a gas appliance, container or piping system must not shut off the gas fuel source.
(4) A person who affixes a yellow “B” tag to a gas appliance, container or piping system must immediately notify an inspector by phone, fax or e-mail and forward a copy of the tag to each of the inspector and the gas supplier for the gas appliance, container or piping system.
(5) A yellow “B” tag expires 30 days after the date on which it was affixed.
(6) A repair that is required to correct a problem or hazard indicated on a yellow “B” tag must be completed on or before the tag’s expiry date.
(7) If the problem or hazard identified on a yellow “B” tag is not corrected by the tag’s expiry date, the gas supplier for the gas appliance, container or piping system must affix a red “A” tag to the gas appliance, container or piping system and subsections 45(3) and (4) apply with all necessary changes.
45 (1) A Gas Technician I, Gas Technician II, Class G certificate holder or an inspector must affix a red “A” tag to any gas appliance, container or piping system if
(a) it has been removed from service;
(b) it has an expired yellow “B” tag; or
(c) that person considers it to be
(i) in an unacceptable condition,
(ii) unsafe, or
(iii) an imminent hazard to life or property.
(2) Clauses 44(2)(a) to (e), respecting information required to be included on a yellow “B” tag, apply with all necessary changes to a red “A” tag.
(3) A person who affixes a red “A” tag to a gas appliance, container or piping system must shut off the gas fuel source.
(4) A person who affixes a red “A” tag to a gas appliance, container or piping system must immediately notify an inspector by phone, fax or e-mail and forward a copy of the tag to each of the Chief Inspector and the gas supplier for the gas appliance, container or piping system.
No supplying gas if red “A” tag affixed
46 A person must not knowingly supply gas to a gas appliance, container or piping system to which a red “A” tag is affixed unless the person is a Gas Technician I, Gas Technician II or Class G certificate holder who is responsible for making the gas appliance, container or piping system comply with these regulations and the applicable Codes.
No using if red “A” tag affixed
47 A person must not use a gas appliance, container or piping system to which a red “A” tag is affixed.
48 (1) A red “A” tag or yellow “B” tag that is affixed to a gas appliance, container or piping system must not be removed except by an inspector, Gas Technician I, Gas Technician II or Class G certificate holder who must first verify that the problem or hazard indicated on the tag is corrected.
(2) When a red “A” tag or yellow “B” tag is removed, the Gas Technician I, Gas Technician II or Class G certificate holder responsible for the work completed must endorse their name, their gas technician licence or certificate number, as applicable, and the removal date and time upon the tag and forward a copy of the tag to the Chief Inspector.
Approved oil appliance, container or equipment
49 (1) A person must not sell, install, use, repair, service or maintain an oil appliance, an oil container or oil equipment, unless the appliance, container or equipment is
(a) certified by a recognized certification agency; or
(b) of a type and rating approved by the Chief Inspector.
(2) Any oil appliance, container or equipment that does not bear a nameplate or label indicating that it is certified by a recognized certification agency is deemed to be not approved by the Chief Inspector unless the contrary is proven.
Installation or alteration must comply to Code
50 A person must not install or alter an oil appliance, an oil container or oil equipment contrary to CAN/CSA-B139, Installation Code for Oil Burning Equipment.
51 If an oil equipment failure occurs, the distributor, agent or installer must immediately report it to an inspector by telephone, fax or e-mail and must submit a written report respecting the matter by mail, fax, or e-mail to the Chief Inspector no later than 24 hours after the time of the failure.
Part 3 - Inspectors’ Powers, Appeals and General Prohibitions
Powers of Inspector and Chief Inspector
Chief Inspector may issue bulletins
52 The Chief Inspector may issue bulletins advising all interested persons of interpretations of Codes and these regulations, hazards created by non-compliance with these regulations and the Codes, and other matters of interest or concern to the gas or oil industry.
Inspector may make special inspection upon request
53 (1) If requested, an inspector may make a special inspection.
(2) An inspector may charge a special inspection fee for a special inspection.
Inspector may require that test be witnessed
54 An inspector may require that a test prescribed by these regulations or a Code be witnessed by an inspector or a person representing an inspector.
Chief Inspector may grant special permission to begin work
55 (1) If, in the opinion of the Chief Inspector, it is necessary to deviate from or postpone the application of a requirement of a Code respecting a particular appliance, container or piping system, the Chief Inspector, on request, may grant special permission for work to begin on the appliance, container or piping system.
(2) A person must not begin work on an appliance, container, or piping system referred to in subsection (1) before the Chief Inspector grants special permission in writing for the work to begin.
(3) Special permission granted under this Section applies only to the particular appliance, container or piping system for which it is given.
Inspector may order disconnection or other action to address hazard
56 If, in the opinion of an inspector, an installation may result in a fire emergency or a hazard of fire or explosion that may cause injury or damage to persons or property in or about any building, premises, place or area, or an installation does not comply with the Codes or these regulations, the inspector may do any one or all of the following:
(a) disconnect the fuel supply until the hazard is remedied;
(b) order, orally or in writing, that the fuel supply company disconnect the fuel supply until the hazard is remedied;
(c) after completing an inspection, issue an inspection report requiring a person to carry out and complete repairs to or servicing of the installation.
Inspector may order discontinuance of use of appliance or equipment
57 On becoming aware that an appliance or equipment is hazardous, an inspector may order, orally or in writing, that the appliance or equipment must not be sold, installed, used, repaired, serviced or maintained, even if the appliance or equipment is certified by a recognized certification agency or is of a type and rating approved by the Chief Inspector.
58 (1) A person against whom an order is made by an inspector other than the Chief Inspector under these regulations may appeal the order by submitting a written notice of appeal to the Chief Inspector no later than 15 days after the date the person receives the order.
(2) A notice of appeal under subsection (1) must be served by leaving the notice at the Office of the Fire Marshal or by sending the notice by registered mail to the Chief Inspector.
(3) On receiving a notice of appeal under this Section, the Chief Inspector must
(a) promptly investigate or cause to be investigated each appeal made under subsection (1);
(b) confirm, vary or revoke the order appealed from; and
(c) communicate the Chief Inspector’s decision and the reasons for the decision in writing to the person who appealed the order and to the inspector who made the order.
59 (1) A person affected by any of the following decisions of an inspector or the Chief Inspector may appeal the decision to the Board by submitting a written notice of appeal to the Board no later than 15 days after the date the person received the order or decision:
(a) a decision to refuse to issue or renew a licence, certificate, permit, confirmation of registration or approval;
(b) a decision to suspend or cancel a licence, certificate, permit, registration or approval;
(c) an order;
(d) a decision under Section 58.
(2) A notice of appeal under subsection (1) must be served by leaving the notice at the office of the Board or by sending the notice by registered mail to the Board.
(3) On receiving a notice of appeal under this Section, the Board must
(a) promptly hear and determine an appeal made under subsection (1);
(b) make a decision or order that the Board considers just; and
(c) communicate the Board’s decision and the reasons for the decision in writing to the person who appealed the order or decision and to the inspector who made the order.
(4) Any decision or order of the Board is final and cannot be appealed.
Conversion without approved kit
60 A person must not convert an appliance from one fuel to another without using a conversion kit approved by the Chief Inspector for conversion of the appliance.
61 A person must not contravene, neglect, refuse, omit or fail to observe any provision of these regulations.
62 A person must not make a false statement respecting information required by these regulations.
63 A person must not contravene or fail to comply with an order of an inspector.
64 A person must not fail to comply with the Codes adopted by these regulations.
65 (1) The yearly rates for gas business licence fees are as set out in the following table:
Gas Business Licence
Yearly Rate for Licence Fee
Class 1 (Gas Distribution)
- bulk plant/dispenser
(aggregate storage capacity)
$0.0478/USWG
(minimum $119.38)
- cylinder handling only
$119.38
- bulk transporter only
$119.38
Class 2 (Contractor)
$119.38
Class 3 (Industrial)
$119.38
Class 4 (Dispensing Station)
$119.38
(2) The fees set out in subsection (1) include the cost of any inspections carried out under Section 10.
Section 65 replaced: O.I.C. 2009-164, N.S. Reg. 104/2009.
66 The yearly rate for a gas technician licence fee is $29.85.
Section 66 replaced: O.I.C. 2009-164, N.S. Reg. 104/2009.
67 (1) Certification fees are as set out in the following table:
Certificate
Initial Fee
Yearly Renewal Fee
Other than Class F
$59.69
$47.75
Class F
$29.85
$29.85
(2) The fee for a duplicate certificate of any class is $17.91.
(3) The fees set out in subsection (1) do not include applicable training fees.
Section 67 replaced: O.I.C. 2009-164, N.S. Reg. 104/2009.
68 The fees for permits are as set out in the following table:
Activity Allowed by Permit
Fee
Installation with total load of 3 000 000 BTU/h or less
$28.09
Installation with total load of more than 3 000 000 BTU/h
- new installation
$0.067/1000 BTU/h of total load
(max. $11 590.31)
- addition or alteration to existing installation
$0.067/1000 BTU/h of alteration
(minimum $115.90 -
maximum $11 590.31)
Installing or altering digester gas or landfill gas installation
as determined and charged by certification agency
Installing or altering propane dispenser with less than 5000 USWG aggregate capacity
$57.95
Building new propane bulk plant
$0.0056/USWG of
total storage
Altering propane bulk plant
$56.19
Installing or altering natural gas vehicle refuelling station
$56.19
Section 68 replaced: O.I.C. 2009-164, N.S. Reg. 104/2009.
69 The fee for registering a domestic 1-family or 2-family dwelling unit installation with a total load of 250 000 BTU/h or less is $28.09.
Section 69 replaced: O.I.C. 2009-164, N.S. Reg. 104/2009.
70 The fee for a special inspection requested under Section 53 is calculated at a rate of $115.90 per hour or part of an hour of time required by the inspector to make the special inspection.
Section 70 replaced: O.I.C. 2009-164, N.S. Reg. 104/2009.