Exemption
26.1 (1) This section applies to stationary power plants having a Therm-hour rating of more than 410 and being comprised of one or more boilers in one or in several locations. (2) The boilers of a plant referred to in subsection (1) shall be located in areas to which the public does not normally have access and shall be surrounded by a fence, equipped with a locked gate and warning signs, that keeps the public at a safe distance from any danger associated or related to the operation of the boilers. (3) A boiler of a plant referred to in subsection (1) shall, (a) have controls to which no person other than an operating engineer qualified to operate the boiler normally has access; (b) use a hot non-combustible fluid as the sole source of heat; (c) have a unit Therm-hour rating of 614 or less; (d) have equipment that allows manual control of the boiler at the place it is located; and (e) be equipped with, (i) equipment to control automatically the operation of the boiler, (ii) fail-safe devices in accordance with subsections 22 (1), (5), (6), (7) and (8), local to the boiler, and (iii) such additional fail-safe devices as are necessary for the safe operation of the boiler, local to the boiler. (4) The user of a plant referred to in subsection (1) shall designate the location of one of the boilers as the principal location of the plant. (5) For the purposes of this section, if a plant referred to in subsection (1) is comprised of several boilers situated in one location, that location shall be the principal location of the plant. (6) The user of a plant referred to in subsection (1) shall, at the principal location, provide the following equipment: 1. Monitoring equipment to allow an operating engineer to monitor the operation of all the boilers of the plant. 2. Control equipment to allow an operating engineer to override the automatic control referred to in subclause (3) (e) (i) but not the fail-safe devices referred to in subclauses (3) (e) (ii) and (iii), and control manually the operation of any boiler of the plant. 3. An alarm system to warn an operating engineer of any potentially unsafe operating condition in any boiler of the plant before the boiler’s fail-safe device is engaged. (7) The user of a plant referred to in subsection (1) shall appoint to the plant an operating engineer (first class) as chief operating engineer whose normal place of work shall be the principal location of the plant. (8) The user of a plant referred to in subsection (1) shall employ such operating engineers as are necessary for the purposes of subsections (9) and (10). (9) The chief operating engineer of a plant referred to in subsection (1) shall ensure that, whenever the boilers are in operation, one or more operating engineers (first or second class) are assigned to act as shift engineers of the plant and to be, (a) present at the principal location for eight consecutive hours a day; and (b) on call for the rest of the day, having at their disposal monitoring, control and alarm equipment that meets the requirements of subsection (6), is portable and can be operated from remote places. (10) The chief operating engineer of a plant referred to in subsection (1) shall ensure that, whenever boilers in locations other than the principal location are in operation, one or more operating engineers are assigned to each location to be, (a) present at the location for eight consecutive hours a day; and (b) on call for the rest of the day, ready to respond to a call from the shift engineer and located so as to be able to arrive at the location of the boiler without undue delay. (11) Despite anything in this section, if at any time there are persons, other than operating engineers, working in the vicinity of boilers which are in operation, an operating engineer shall be present at the boiler location. (12) Despite anything in this section, section 23 applies to a plant referred to in subsection (1). (13) An operating engineer referred to in subsection (10) shall hold the same certificate of qualification that would be required of a shift engineer if the plant consisted of boilers located at only one location. O.Reg. 220/92, s. 1.