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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 958/96

CONSOLIDATED NEWFOUNDLAND REGULATION 958/96

Fire Prevention Fire Extinguisher and Fixed Fire
Extinguishing Systems Regulations

under the
Fire Prevention Act, 1991
(O.C. 96‑256)

Under the authority of section 26 of the Fire Prevention Act, 1991 and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Fire extinguishers

        4.   Plans to be approved

        5.   Installation or service of unit or system

        6.   Persons qualified for servicing

        7.   Further certification required

        8.   Service methods

        9.   Notice of commissioning

      10.   Equipment not to be inoperative

      11.   Non‑application

      12.   Conflict

      13.   Referenced standards

      14.   Repeal


Short title

        1. These regulations may be cited as the Fire Prevention Fire Extinguisher and Fixed Fire Extinguishing Systems Regulations.

278/84 s1

Definitions

        2. In these regulations

             (a)  "agency or agent" means a self‑employed person, partnership, corporation, association or other organization;

             (b)  "approved" means approved and accepted by the fire commissioner;

             (c)  "fixed fire extinguishing system" means fixed fire extinguishing systems including dry chemical, carbon dioxide, wetting agents, foam, halon, sprinkler, standpipe fire hose stations and water spray systems or a combination of these systems;

             (d)  "hydrostatic testing or retesting" means required or periodic pressure testing by approved hydrostatic methods;

             (e)  "inspection" means an examination to provide reasonable assurance that

                      (i)  the unit is available and in its proper location,

                     (ii)  the unit is fully charged,

                    (iii)  the unit or the operating components of the unit or assembly have not been tampered with, and

                    (iv)  there is no physical damage or condition which would impair the operation of the unit;

              (f)  "maintenance" means a complete examination to assure that the extinguisher or fixed extinguishing system is capable of operating safely and in the manner intended and includes a necessary repair or replacement and hydrostatic testing if warranted;

             (g)  "portable fire extinguisher" means an approved device that contains within it chemicals, fluids or gases for extinguishing fires, the means for application of its contents to that purpose, and is capable of being readily moved from place to place and includes wheeled type fire extinguishers;

             (h)  "recharging" means the replacement of the specified extinguishing medium and includes replacing the expellant in certain types of extinguishers and fixed fire extinguishing systems;

              (i)  "retest and retesting" means the periodic required retesting of a unit or fixed fire extinguishing system or its components, other than the original test performed by the manufacturer of the equipment;

              (j)  "service or servicing" means a unit or fixed fire extinguishing systems including recharging, refilling, inspection, maintenance, retesting, disconnecting, weighing, adjusting and certification; and

             (k)  "unit" means an approved portable or wheeled type fire extinguisher.

278/84 s2

Fire extinguishers

        3. (1) An agency shall not sell a portable fire extinguisher within the province, unless and until it has been listed and labelled by a recognized national testing laboratory.

             (2)  The use of carbon tetrachloride and chlorobromomethane type portable fire extinguishers inside an occupied structure is prohibited.

             (3)  Inverting type portable fire extinguishers shall not be authorized for use in buildings.

278/84 s3

Plans to be approved

        4. Plans for the installation of fixed fire extinguishing systems and system components shall be approved by the fire commissioner before installation.

278/84 s4

Installation or service of unit or system

        5. (1) An agency shall not install or perform a service on a unit or fixed fire extinguishing system until, in the opinion of the fire commissioner, that person

             (a)  has sufficient knowledge of the installation and servicing requirements on the unit or fixed fire extinguishing equipment the agency intends to service;

             (b)  possesses the necessary tools and testing equipment to perform that work; and

             (c)  has been successfully examined by the fire commissioner and has received a permit to that effect.

             (2)  Permits shall remain in force until cancelled, suspended or surrendered.

             (3)  All installation and servicing shall be performed in accordance with applicable reference standards.

             (4)  The fire commissioner may cancel a permit or verification for non‑compliance with the regulations.

             (5)  The fire commissioner may withhold the reissuing of that permit until he or she is satisfied that full compliance is accomplished.

278/84 s5

Persons qualified for servicing

        6. (1) Trainees shall perform servicing procedures only under the direct supervision of a qualified person who shall be responsible for the work performed.

             (2)  The agency shall report annually or more frequently, as required by the fire commissioner, the name and address of each qualified person and the number and names of all trainees in its employ.

             (3)  An agent must serve as a trainee for at least 6 months before being examined for qualifications.

278/84 s6

Further certification required

        7. Each agency authorized and equipped to perform hydrostatic retesting shall be further certified by the Canadian Transportation Commission where carbon dioxide type cylinders (compressed gas) are to be transported by rail, boat or aircraft to a point within the province.

278/84 s7

Service methods

        8. (1) Each unit and fixed fire extinguishing system shall be serviced in accordance with the manufacturer's instructions and other information contained in applicable standards as referenced in these regulations.

             (2)  Chemicals, gases and fluids removed from units and fixed fire extinguishing systems during servicing shall not be reused, except where methods and equipment are authorized by the fire commissioner.

278/84 s8

Notice of commissioning

        9. Upon completion of the installation of a fixed fire extinguishing system and before commissioning, the office of the fire commissioner shall be notified in writing of the time of the commissioning, and upon completion and acceptance, a copy of the installer's or manufacturer's verification must be submitted to the office of the fire commissioner.

278/84 s9

Equipment not to be inoperative

     10. The owners of approved units and fixed fire extinguishing systems installed in buildings requiring them to be installed shall not allow this equipment to remain in an inoperative condition for a time longer than may be necessary to have an approved agency perform whatever services may be required to ensure they are fully operational.

278/84 s10

Non‑application

     11. These regulations do not apply to servicing or partial servicing requirements of

             (a)  privately owned units or fixed fire extinguishing systems installed on or in the property where management have their own qualified staff personnel who have been certified by the fire commissioner to do equipment installation and servicing as required; or

             (b)  vessels, vehicles, aircraft, structures or areas subject to inspection by other authorities.

278/84 s11

Conflict

     12. Whenever a conflict exists between these regulations and a reference standard, these regulations or the decision of the fire commissioner shall apply.

278/84 s12

Referenced standards

     13. Referenced standards include the latest edition of:

             (a)  National Building Code of Canada;

             (b)  National Fire Code of Canada;

             (c)  Underwriter Laboratories of Canada Standard S‑532M "Regulations of the Servicing of Portable Fire Extinguishers";

             (d)  Canadian Transportation Commission regulations "Transportation of Dangerous Commodities by Rail";

             (e)  National Fire Protection Association Standard Number 10 titled, "Portable Fire Extinguishers";

              (f)  National Fire Protection Association Standard Number 11 titled, "Foam Extinguishing Systems";

             (g)  National Fire Protection Association Standard Number 11A titled, "High Expansion Foam Systems";

             (h)  National Fire Protection Association Standard Number 11B titled, "Synthetic Foam and Combined Agent Systems";

              (i)  National Fire Protection Association Standard Number 12 titled, "Carbon Dioxide Extinguishing Systems";

              (j)  National Fire Protection Association Standard Number 12A titled, "Halon 1301 Systems";

             (k)  National Fire Protection Association Standard Number 12B titled, "Halon 1211 Systems";

              (l)  National Fire Protection Association Standard Number 13 titled, "Installation of Sprinkler Systems";

            (m)  National Fire Protection Association Standard Number 13A titled, "Care and Maintenance of Sprinkler Systems";

             (n)  National Fire Protection Association Standard Number 14 titled, "Standpipe and Hose Systems";

             (o)  National Fire Protection Association Standard Number 15 titled, "Water Spray Fixed Systems";

             (p)  National Fire Protection Association Standard Number 16 titled, "Deluge Foam‑Water Systems";

             (q)  National Fire Protection Association Standard Number 17 titled, "Dry Chemical Extinguishing Systems";

              (r)  National Fire Protection Association Standard Number 18 titled, "Wetting Agents";

             (s)  National Fire Protection Association Standard Number 24 titled, "Private Fire Service Mains";

              (t)  National Fire Protection Association Standard Number 26 titled, "Supervision of Valves Controlling Water Supplies for Fire Protection"; and

             (u)  National Fire Protection Association Standard Number 96 titled, "Vapour Removal from Cooking Equipment".

278/84 s13

Repeal

      14. The Fire Prevention Fire Extinguisher and Fixed Fire Extinguishing Systems Regulations, Newfoundland Regulation 278/84, are repealed.