Cylinder Handling Facility Licence
14. (1) An application for a licence to operate a cylinder handling facility may be made to the Director and, subject to subsection (2), separate applications shall be made for a licence for each facility. (2) A holder of a licence permitting the operation of a filling plant or a container refill centre, either of which contains a cylinder handling facility, is not required to apply under subsection (1) for a separate licence for the operation of the cylinder handling facility. (3) An applicant who applies to the Director for a licence under subsection (1) shall, (a) submit an application in the form required by the Director; (b) pay the required fee; (c) provide a letter from the municipality where the applicant’s cylinder handling facility is located indicating that the use of the facility for its intended purpose does not contravene the zoning by-laws of the municipality; and (d) subject to subsections (12), (13) and (14), prepare and submit a legible plan in triplicate showing, (i) the height, type and construction materials of each fence surrounding each cylinder storage area at the facility, (ii) the distance from each cylinder storage area at the facility to the property lines of the facility, (iii) each building or structure located within 50 feet of each cylinder storage area at the facility, (iv) the distance from each cylinder storage area at the facility to any other site where flammable or combustible substances are stored, (v) the location of thoroughfares and sidewalks adjacent to the facility, (vi) the property lines of adjoining property occupied by schools, churches, hospitals, athletic fields or other points of public gathering, and (vii) any other relevant information. (4) The Director may cause an inspector to inspect a cylinder handling facility referred to in a licence or in an application for a licence to determine if the facility complies with this Regulation. (5) The Director shall issue a licence to operate a cylinder handling facility to an applicant who, (a) complies with subsection (3); (b) pays the required fee for any engineering services or inspection services rendered; and (c) complies with the applicable provisions of Parts 8, 9 and 10 of the Canadian Gas Association Standard CAN/CGA B149.2-M95 as adopted in Part I of the Code in respect of cylinder handling facilities. (6) A holder of a licence to operate a cylinder handling facility shall not make an addition or alteration to the facility unless the holder has applied for and received the written permission of the Director. (7) The Director shall give the written permission under subsection (6) if, in his or her opinion, the addition or alteration meets the requirements of this Regulation and is not inconsistent with the applicable municipal by-laws. (8) An applicant under subsection (6) shall, (a) set out in the application all details of the addition or alteration proposed; (b) provide a letter from the municipality under clause (3) (c), if the addition or alteration affects compliance with the municipality’s zoning by-laws; and (c) provide a new plan under clause (3) (d), if the addition or alteration entails any changes to the plan previously provided under that clause or a predecessor of it. (9) No person shall operate a cylinder handling facility if an addition or alteration to it is made without the Director’s written permission. (10) A licence to operate a cylinder handling facility expires one year after the date of its issue. (11) A holder of a licence to operate a cylinder handling facility shall post the licence in a conspicuous place at the business address of the holder set out on the licence. (12) An applicant does not have to prepare a plan under clause (3) (d) if no filling or purging of cylinders will occur at the cylinder handling facility for which the application is made. (13) An applicant must prepare, but is not required to submit, plans under clause (3) (d) if, (a) the plans are approved by, and stamped with the seal of, a professional engineer; (b) the professional engineer submits a written declaration to the Director that the plans were approved and stamped in accordance with clause (a); and (c) the plans are kept at all times at the cylinder handling facility during its construction. (14) Upon request by an inspector, an applicant under subsection (13) must produce the plans within 72 hours for inspection. O. Reg. 514/96, s. 14. Filling Plants and Container Refill Centres