Industrial Legislation

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1 Industrial Legislation Learning Outcome When you complete this module you will be able to: Describe the purpose of codes and Provincial acts and regulations with respect to boilers and pressure vessels. Learning Objectives Here is what you will be able to do when you complete each objective: 1. State the purpose and function of the ASME Boiler and Pressure Committee. 2. Describe Provincial Acts and regulations in general and describe the major sections of the Alberta Safety Codes Act, as an example. 3. Discuss the regulations in the Alberta Safety Codes Act pertaining to design, construction and installation of boilers and pressure vessels. 4. Discuss the regulations respecting engineers. 5. Discuss the regulations respecting pressure welders. 1

2 INTRODUCTION The legislation, acts, and codes used in the pressure vessel industry are under current revision in almost every jurisdiction in Canada at the time of writing. You should be aware that all terminology such as Boilers and Pressure Vessels Act may be replaced by alternative terms such as Safety Codes Act. However, the content of these government documents is consistent with the information contained in this module. Before the turn of the century and for a short time thereafter, boiler explosions were a frequent occurrence and were regarded by many as "an act of God". It was felt that little could be done to prevent these disasters and that they were an inevitable result of the growing industrialization of the country. However, responsible people soon began to realize that these disastrous accidents could be prevented by the proper design, construction, inspection, and operation of boilers and pressure vessels. Accordingly, rules and regulations relating to these factors were formulated and adopted by the Canadian provinces and territories as well as by many of the states and cities in the United States. At first, these rules differed greatly from province to province and from state to state and in many cases conflicted with one another. In an effort to achieve uniformity, the American Society of Mechanical Engineers (ASME) set up a committee in 1911 for the purpose of formulating standard rules for the construction of steam boilers and other pressure vessels. This committee is now known as the Boiler and Pressure Vessel Committee. The function of this committee is to establish rules of safety governing the design, fabrication, and inspection during construction of boilers and pressure vessels. The objective of the rules is to afford reasonably certain protection of life and property and to provide a reasonably long, safe period of usefulness for boilers and pressure vessels. These rules have been adopted or accepted in varying degrees by all the Canadian provinces and territories. The ASME Boiler and Pressure Vessel Committee also provide suggested rules for the care of boilers and pressure vessels in service as an aid to owners, operators, and inspectors. Another body concerned with the promotion of safety and uniformity in the construction, installation, and inspection of boilers and pressure vessels is the National Board of Boiler and Pressure Vessel Inspectors, which was first organized in This body is composed of chief inspectors of states and municipalities in the United States and of the provinces of Canada that have adopted the ASME Boiler and Pressure Vessel Code. The Board s function is to uniformly administer and enforce the rules of the Code. 2

3 PROVINCIAL ACTS AND REGULATIONS All the Canadian provinces and territories have passed laws, rules, and regulations relating to the installation, construction, inspection, and operation of boilers and pressure vessels. Many of these laws have been in existence since the early part of the century or in some cases before the turn of the century as Table 1 indicates. Province or Territory Date of Passage of Law Quebec 1867 Alberta 1898 Saskatchewan 1898 British Columbia 1899 Manitoba 1912 Ontario 1913 Nova Scotia 1942 Prince Edward Island 1948 Newfoundland 1949 Yukon Territory 1949 Northwest Territories 1951 Table 1 Provincial Acts In some jurisdictions, these laws may be called "The Boilers and Pressure Vessels Act" while in other jurisdictions other titles may be used such as "The Steam and Pressure Plants Act". However, no matter under what title they fall, these laws all have the same intent and objective, namely, to safeguard life and property. In order to illustrate how these laws function to attain their objective, a general discussion of Alberta s Safety Codes Act (formerly called the Boilers and Pressure Vessels Act) is given in the following sections. It is not possible to discuss the laws of every jurisdiction in this module. It is the responsibility of the individual to become familiar with and well-versed in the Acts and Regulations of the jurisdiction in which they reside or work. 3

4 Alberta Safety Codes Act / Boilers and Pressure Vessels Act 1. Definitions The Act begins by defining various terms that are used throughout the Act itself and throughout the Regulations under the Act. 2. Exceptions Equipment to which the Act and the regulations do not apply to are listed in this section. Examples include boilers below a certain rating of boiler power, pressure vessels of less than a certain internal diameter, pressure vessels operating below a certain pressure, refrigeration systems of less than a certain capacity,and any boiler, pressure vessel, or pressure piping system which does not constitute a sufficient hazard to require it to be subject to the Act. 3. Design, Construction, and Sale This section deals with the approval and registration of designs of boilers and pressure vessels to be constructed within the jurisdiction or brought into the jurisdiction. It also covers the need for approval for changes in design and with unsafe and obsolete designs. 4. Fittings All fittings constructed within the jurisdiction for use within the jurisdiction must be registered in accordance with the regulations. Registrations of fittings brought into the jurisdiction and changes to fittings are dealt with as are unsafe or obsolete fittings. 5. Boiler and Pressure Vessel Identification This section states that before an inspector issues the first certificate of inspection for any boiler and pressure vessel, he must make sure that the boiler or pressure vessel is stamped with the jurisdiction s identification number. 6. Construction, Installation, and Sale of Boilers, Pressure Vessels, and Fittings This section covers the restrictions in regard to the construction, sale or disposal, and installation of boilers, pressure vessels, fittings, and pressure piping systems. 4

5 7. Inspections This section lists the rules regarding inspections, orders issued by the inspector, the powers of the inspector, and the responsibilities of the owner or person in charge of the equipment in regard to assisting the inspector. The certificate of inspection is described in this section as well as the responsibilities of the owner or person in charge in relation to retaining and displaying this certificate. 8. Operation and Supervision The requirement of a certificate of competency for the chief power engineer and for the shift engineers of a power plant is discussed and exceptions to this requirement are listed. It is also noted that if supervision of the plant by the holder of a certificate is not required, then the owner of the plant is responsible for the proper care and safe operation of the plant. 9. 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 here. It is also noted that such an accident may be investigated by the chief inspector or other persons directed by him to do so. 10. Certificates of Competency The various certificates of competency established by the Act are listed and the things that the holder of such a certificate is authorized to do are detailed. It is emphasized that a boiler, pressure vessel, piping system, or fitting must not be welded by any person unless they have the necessary certificate and authorization to do so. 11. Complaints, Investigations, Disciplinary Action If the chief inspector receives a complaint against the holder of a certificate of competency stating that the certificate holder has acted incompetently, negligently, dangerously, improperly or that he is incapable of performing his duties, then the chief inspector will make a preliminary investigation into the complaint. If this preliminary investigation justifies a further inquiry, then a committee of inquiry is established. After the completion of its inquiry, the committee must then prepare a written report of the matter. 5

6 If the committee finds that the certificate holder has acted incompetently, negligently, dangerously, or improperly, or if he is incapable of performing his duties, then the committee may either suspend or cancel the certificate of competency of the person investigated. This suspension or cancellation may be appealed by the person involved to the Supreme Court of the jurisdiction. REGULATIONS AND OFFENCES This part of the Act states that the governing body of the jurisdiction may make regulations in regard to 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. Finally, this section states that contravening any provision of the Act is an offence and the penalty for so doing may be a fine or imprisonment. Design, Construction, and Installation Regulations 1. Exemptions The various types of equipment which are exempted from the provisions of the Act are listed. 2. Adoption of Codes Codes and standards are not mandatory unless adopted. All codes and standards become law when they have been officially adopted as regulations. The codes which have been adopted as regulations are listed. The ones of particular interest to the pressure equipment industry are: (a) Canadian Standards Association (CSA) AE_1_0_8.jpg P CSA B51 - Code for the Construction and Inspection of Boilers and Pressure Vessels CSA B52 - Mechanical Refrigeration Code 6

7 (b) American Society of Mechanical Engineers (ASME) ASME Section I - Power Boilers ASME Section II - Material Specifications ASME Section IV - Heating Boilers ASME Section V - Nondestructive Examination ASME Section VI - Recommended Rules for Care and Operation of Heating Boilers ASME Section VII - Recommended Rules for the Care of Power Boilers ASME Section VIII - Pressure Vessels ASME Section IX - Welding and Brazing Qualifications (c) American National Standards Institute (ANSI) ANSI B ANSI B Power Piping Refrigeration Piping 3. Registration and Approval of Designs and Welding Procedures AE_1_0_1.jpg P AE_1_0_3.jpg P AE_1_0_6.jpg P AE_1_0_7.jpg P The details of the drawings and specifications required for acceptance of a design of a boiler or pressure vessel are listed. These must be submitted to the chief inspector in duplicate and must bear the signature of the owner of the design or the manufacturer of the boiler. A similar listing is given for the requirements for approval of a pressure piping system. The method of approving and registering a design of boiler, pressure vessel, or pressure piping system by an inspector is described. In order to obtain approval for changes to a design it is likewise necessary to submit drawings and specifications to the chief inspector. AE_1_0_2.jpg G Similarly, when a boiler, pressure vessel, fitting, or pressure piping system is to be constructed, altered, or repaired by welding, the welding procedure specifications and procedure qualification records must be submitted in triplicate for approval and registration. 4. Registration of Fittings If a fitting is to be constructed in the jurisdiction for use in the jurisdiction, application must be made to the chief inspector for registration. The drawings, information, and procedure necessary to obtain this registration are listed. Manufacturers of fittings are required to have a satisfactory quality control system in operation. 7

8 5. Boiler and Pressure Vessel Fees The fees necessary to register a design, welding procedure, or fitting are discussed here. Also shop inspection fees, initial inspection fees, and annual fees for boilers and pressure vessels are covered. 6. Construction and Inspections AE_1_0_4.jpg P The requirements relating to the construction of a boiler or pressure vessel within the jurisdiction are discussed. These deal with submission of drawings and specifications, quality control programs during construction, and manufacturers data reports. Manufacturers of boilers, pressure vessels and pressure piping systems are required to have a satisfactory quality control system in operation. Regulations regarding inspection openings in pressure vessels are given in this section as well as regulations regarding stamping on a boiler or pressure vessel. 7. Installation The responsibility of the owner or person in charge with respect to use of registered fittings and pressure relief equipment is discussed, as well as rules regarding the repair, servicing, and setting of safety valves, relief valves, and safety relief valves. In addition, rules governing the anchoring of boilers, pressure vessels, and pressure piping systems are given. Other rules discussed in this section include those dealing with installation requirements to provide accessibility to boilers and pressure vessels and installation of check valves in blowdown lines when required. 8. Inspection This section dealing with inspection of boilers, pressure vessels, and pressure piping systems lists rules concerned with the following: nondestructive examinations, report of damage to boilers and pressure vessels, notification to the inspector of commencement of repairs, submission to the inspector of a detailed work procedure, and provision of low voltage (12 volts or less) portable lamps during internal inspections. Also detailed in this section is the procedure to be followed when the boiler or pressure vessel premises are locked and the rules regarding the availability of a boiler room key. 8

9 Safety precautions during inspection are then discussed covering such things as nonsparking hammers, explosive or toxic gases, and personnel present during testing and initial start-up. A number of rules regarding testing and inspection of cargo transport pressure vessels are listed as well as rules covering the garaging, repair, and safe operation of this type of pressure vessel. Inspection of pressure piping systems is discussed including observation of safety precautions, test procedures, hydrostatic tests, test liquid temperature, and test data reports. Miscellaneous rules are also included regarding boilers and steam engines operated in a parade. 9. Fees The following fees for boilers, pressure vessels, pressure piping systems, heat exchangers, etc., are listed: design survey fees, fitting registration fees, shop inspection fees, initial inspection fees, and annual fees. ENGINEER S REGULATIONS These are of particular interest to the power engineer as they detail, among other things, how the power engineer can advance to obtain higher certificates of competency and what these certificates of competency qualify the holder to do. 1. Definitions Herein are defined such terms as chief steam engineer, shift engineer, assistance engineer, assistant shift engineer, fireman, building operator, etc. 2. Requirements and Exemptions Power plants which are exempted from requiring continuous supervision are listed; however, it is pointed out that these plants do require general supervision by the holder of a certificate of competency. Heating plants are also specified as being required to be under the general supervision of the holder of a valid certificate of competency unless they are below a certain boiler kilowatt rating. 9

10 3. Certificates of Competency Rules regarding the issuing of certificates of competency by the chief inspector are discussed as well as the requirements regarding posting of these certificates on the premises of the power plant or heating plant. Also circumstances where duplicate certificates may be issued are mentioned. The following certificates of competency are discussed in regard to what they qualify the holder to do: AE_1_0_5.gif P First Class Engineer s Second Class Engineer s Third Class Engineer s Fourth Class Engineer s Fifth Class Engineer s Fireman s Special Oilwell Operator s For example, a First Class Engineer s Certificate of Competency qualifies the holder to: (i) Take charge of the general care and operation of any power plant as chief steam engineer, and to supervise the engineers in that plant. (ii) Take charge of a shift in any power plant as shift engineer. The issuance of temporary certificates of competency is discussed in regard to conditions requiring a temporary certificate and how it is applied for; as well as the duration of such certificates. 4. 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, usually in regard to previous working experience and educational requirements. In addition, in some cases, the candidate must be the holder of a certificate of competency one grade lower than that for which he is applying. 10

11 For example, to qualify to take the examination for the First Class Engineer s Certificate of Competency, the candidate shall: (i) (ii) Hold a Second Class Engineer s Certificate of Competency or equivalent, and Furnish evidence of a period of employment satisfactory to the chief inspector such as: thirty months as chief steam engineer in a power plant of a certain capacity, or thirty months as shift engineer in a power plant of greater capacity, or, forty-five months as assistant shift engineer in a power plant of a large capacity. Several other types of satisfactory employment are also listed, and (iii) Have at least a 50% standing in Physics, Mathematics, and English of a high school level or else have passed the Part "A" of a First Class Course satisfactory to the chief inspector. Similarly, the conditions for qualifying for all the other certificates of competency examinations are listed in this section as well as descriptions of the examination format for each class of certificate. The existence of a reference syllabus as established by the chief inspector for each class of examination is pointed out. Other information given in this section deals with examination pass marks, credits which may be granted in lieu of operating experience, credits which may be granted to a holder of a Power Engineering Diploma issued by an educational institute as well as credits for other technical courses. Another important part of this section deals with the issuing of equivalent certificates of competency to persons from other jurisdictions. 5. Application and Conduct of Examinations The procedure for submitting applications for examinations is discussed as well as the type of references required which vouch for the candidate s experience, ability, and conduct. In the case of a candidate who is unable to write, then the candidate may employ another person to write the candidate s answers or the chief inspector may authorize an oral examination of the candidate. However, this ruling only applies to lower classes of certificate examinations as specified in this section. The causes for disqualification of a candidate are listed, such as copying from another candidate or use of unauthorized material during the examination. 11

12 6. Miscellaneous Among the miscellaneous items discussed here are calculation of boiler power, loss of a certificate of competency and the maintenance of a logbook to record matters relating to the operation of the power plant or heating plant. 7. Examination and Certificate Fees The fees for taking the various certificate of competency examinations are listed as well as fees for remarking examination papers. Other fees listed include those for specimen examinations and temporary and duplicate certificates. PRESSURE WELDERS REGULATIONS Like the other regulations under the Boiler and Pressure Vessels Act, these regulations begin by defining certain terms such as performance qualification card, pressure welder, pressure welding, etc. 1. Classification of Certificates The various certificates of competency for pressure welders are listed as well as the things that such certificates permit the holder to do. For example, a grade A Pressure Welder s Certificate of Competency permits the holder to: (a) (b) Engage in pressure welding of a type described on the performance qualification card held. Supervise other pressure welders employed on the construction, installation, or repair of boilers, pressure vessels, and pressure piping systems. Other certificates of competency listed in this section are: Grade B Pressure Welder s Certificate of Competency Grade C Pressure Welder s Certificate of Competency Machine Welding Operator s Certificate of Competency 12

13 2. Qualifications and Examinations To obtain a pressure welder s certificate of competency, a person must pass an examination set by the jurisdiction issuing the certificate. In qualifying to take this examination, the candidate must fulfill certain conditions, usually in regard to previous experience as a welder. The conditions to be fulfilled in order to qualify for pressure welder's certificates of competency are listed in this section. Also covered in this section are details relating to application for examination and payment of the examination fee. 3. Conduct of Examinations It is pointed out in this section that if an examination candidate is unable to write then he may employ a person to write for him during a written examination. If this is not possible then the candidate may be given an oral examination. The use of codebooks and calculators during an examination is discussed and also the penalty for misconduct during an examination. 4. Performance Qualification Tests In the initial performance qualification test, the candidate, under the supervision of an authorized inspector (ABPVS), performs the required welding of test coupons and these test coupons may subsequently be tested for soundness by the inspector. Re-qualification of performance qualification tests are carried out by accredited organizations holding a valid certificate of authorization, issued by ABPVS. In this section, the frequency of testing is discussed as well as the issuance of performance qualification cards by an inspector or an approved accredited organization. The information required on a performance qualification card is listed. Conditions that may result in the suspension of a performance qualification card are discussed. 13

14 5. Miscellaneous Among the things covered in this section are rules regarding identification of pressure welds and duplicate certificates of competency. 6. Fees The fees for certificate of competency examinations are listed for both theory tests and performance qualification tests. Also listed are fees for duplicate certificates of competency, duplicate performance qualification cards and special examination fees. 14

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