Interpretation
1. (1) In this Regulation, “aboveground tank” means a tank that is installed at or above grade level within a building or within a secondary containment, but does not include a tank that is in direct contact with backfill material; “appliance” means a device that consumes or is intended to consume a fuel oil and includes all valves, fittings, controls and components attached or to be attached to it; “approved” means, (a) with respect to a standard or a laboratory test report, that it is listed in “Titles of Standards and Laboratory Test Reports Authorized in the Province of Ontario” as published by the designated administrative authority from time to time, (b) with respect to an appliance, tank, equipment, component or accessory, that it bears the label or symbol of a designated testing organization or a label or symbol authorized by the director, certifying that it complies with an approved standard or laboratory test report, or (c) with respect to an installation, that it complies with this Regulation; “central oil distribution system” means a system by which oil is supplied by piping from a central supply tank or tanks to a building, mobile home, travel trailer or other structure and includes, but is not limited to, tanks, pressure piping, valves, fittings, and auxiliary components; “code adoption document” means the “Fuel Oil Code Adoption Document” adopted as part of this Regulation under Ontario Regulation 223/01; “contractor” means a person who carries on, in whole or in part, the business of installing, removing, repairing, altering or servicing appliances, and includes a person or an agent of the person who agrees to install, remove, repair, alter or service appliances sold or leased by the person; “designated testing organization” means an organization designated under section 26 or 27 to test and label an appliance, equipment, component or accessory; “distributor” means a person who supplies fuel oil to an end user, and “distribute” and “distribution” have corresponding meanings; “facility” means an installation where fuel oil or used oil, when such oil is used as a fuel, is handled, but does not include a facility referred to in Ontario Regulation 217/01 (Liquid Fuels); “fuel features” means, (a) parts that use or handle fuel oil or used oil, govern combustion or vent combustion products, and (b) construction and installation features that relate to the safe use and handling of fuel oil or used oil; “fuel oil” means fuel oil as defined in the code adoption document; “handling” means the transportation or distribution of fuel oil, or the storage of fuel oil in a container, and “handle” and “handler” have corresponding meanings; “install” includes placing an appliance in position for permanent or temporary use, venting it and connecting piping to it, and “installation” has a corresponding meaning; “maintenance” means the inspection, servicing or repair of equipment or the replacement of equipment, including replacement with equipment having similar performance specifications to that being replaced where it is not necessary to change the layout perimeters directly associated with the equipment being replaced; “modification” means a reduction or expansion or other change to layout or equipment, or a change in the operation of a facility, but does not include maintenance; “operator” means a person who is responsible for all aspects of the day-to-day operation of a distribution system or tank system, whether or not the person is located on the premises during hours of operation and whether or not the person is the owner of the system; “pipeline” means a pipe that is used for the distribution of fuel oil and includes fittings, valves, controls, compressor stations, pump stations, pressure regulating stations and meter stations, but does not include the pipe, fittings, valves or controls of the end user; “tank system” means an aboveground or underground tank, and includes all piping, valves, fittings, pumps and other equipment associated with the tank; “underground tank” means a buried tank or partially buried tank that is in direct contact with earth or backfill; “used oil” means a petroleum based oil that has been used primarily for lubrication purposes in combustion engines, turbines, transmissions, gear boxes, hydraulic equipment or other similar equipment; “work” means the facilities used in the handling of fuel oil. O. Reg. 213/01, s. 1 (1). (2) In the event of a conflict between a provision of this Regulation and the code adoption document, this Regulation prevails. O. Reg. 213/01, s. 1 (2). (3) Unless otherwise specified in this Regulation or the code adoption document, equipment installed in accordance with the predecessor of this Regulation shall be deemed approved under this Regulation on the day this Regulation comes into force if the equipment complied with the predecessor regulation at the time that it was installed. O. Reg. 213/01, s. 1 (3). (4) A reference in this Regulation to a director is a reference to the director to whom the subject matter of this Regulation is assigned. O. Reg. 213/01, s. 1 (4).