Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:2aab
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 2AAB
Character Range: 21009–23002

2AAB  Meaning of prohibited extinguishing agent charging

Scope of this regulation
 (1) This regulation applies in relation to fire protection equipment that is designed to operate solely by using a particular extinguishing agent (the design extinguishing agent) other than an HCFC extinguishing agent.
 (2) For the purposes of subregulation (1), equipment is taken to be designed to operate solely by using a particular extinguishing agent if documentation, issued by the manufacturer, that relates to the operation of the equipment states that the equipment is designed to operate solely by using that particular extinguishing agent.

Meaning of prohibited extinguishing agent charging
 (3) A person engages in prohibited extinguishing agent charging if:
 (a) the person charges the equipment with a GWP extinguishing agent (the new extinguishing agent) other than the design extinguishing agent; and
 (b) either:
 (i) the design extinguishing agent is not a scheduled substance; or
 (ii) the design extinguishing agent is a GWP extinguishing agent and the new extinguishing agent has a higher 100‑year global warming potential than the design extinguishing agent; and
 (c) subregulation (4) does not apply.
 (4) This subregulation applies if:
 (a) the continued functioning of the equipment is essential:
 (i) for public safety purposes; or
 (ii) to protect assets or infrastructure that are critical to the community; and
 (b) no extinguishing agent that:
 (i) is not a GWP extinguishing agent; or
 (ii) is the design extinguishing agent; or
 (iii) has a 100‑year global warming potential equal to or lower than that of the design extinguishing agent;
  is available as an alternative to the new extinguishing agent to ensure the continued functioning of the equipment.

Meaning of GWP extinguishing agent
 (5) A GWP extinguishing agent is an HCFC or HFC for which a 100‑year global warming potential is specified in Part V or IX of Schedule 1 to the Act.

Part 2—Terms used in the Act