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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 959/96

CONSOLIDATED NEWFOUNDLAND REGULATION 959/96

Fire Prevention Flammable and Combustible Liquids Regulations
under the
Fire Prevention Act, 1991
(O.C. 96‑257)

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.   Installation prohibited

        4.   Non‑application

        5.   Permit

        6.   Refusal, suspension or restoration of permit

        7.   Dispensing of flammable or combustible liquid

        8.   Proper containers required

        9.   Pump installation prohibited

      10.   Change of pump location

      11.   Site plan to be approved

      12.   Repeal


Short title

        1. These regulations may be cited as the Fire Prevention Flammable and Combustible Liquids Regulations.

277/84 s1

Definitions

        2. In these regulations

             (a)  "approved" means approved by the fire commissioner;

             (b)  "combustible liquid" means a type or grade of diesel oil, fuel oil, kerosene, asphalt or another distillate of crude petroleum, other than that referred to in paragraph (c) having a flash‑point at or above 37.8° Celsius and below 93.3° Celsius;

             (c)  "flammable liquid" means

                      (i)  a type or grade of gasoline or jet fuel,

                     (ii)  a type of liquid in addition to that referred to in subparagraph (i) having a flash‑point below 37.8° Celsius and having a vapour pressure not exceeding 275.8 kilopascals (absolute) at 37.8° Celsius; and

             (d)  "highway" means a common or public highway and includes a street or bridge forming part of the highway, or on, over, under or across which a highway passes, or another structure incidental to a highway.

277/84 s2

Installation prohibited

        3. A person shall not install an above ground or underground tank for the storage of flammable or combustible liquids, or install a pump for the dispensing of these liquids from the installed tank, unless prior approval has been given by the fire commissioner.

277/84 s5

Non‑application

        4. These regulations do not apply to above ground approved fuel tanks of not more than 1,136 litres for the storage of combustible liquids intended for residential heating use.

277/84 s6

Permit

        5. (1) The fire commissioner shall, subject to these regulations, issue a permit for the storage, handling, use or sale of flammable or combustible liquids referred to in the permit.

             (2)  A permit issued under subsection (1) is subject to the applicable provisions of the latest edition of the National Fire Code of Canada.

277/84 s7

Refusal, suspension or restoration of permit

        6. (1) The fire commissioner may refuse to issue a permit under section 5 if

             (a)  the applicant has failed to comply with the provisions of the Fire Prevention Act, 1991 or of these regulations or the National Fire Code of Canada referred to in subsection 5(2), applicable to the matter in respect of which the permit is sought; or

             (b)  if the fire commissioner has reasonable cause to believe that the applicant will be unable to comply with the provisions referred to in paragraph (a).

             (2)  The fire commissioner may suspend for these periods of time that he or she considers necessary or cancel a permit issued under section 5 if the holder of the permit fails to comply with or violates a provision of the Fire Prevention Act, 1991 or of these regulations or the National Fire Code of Canada referred to in subsection 5(2) or a condition attached to the permit.

             (3)  The fire commissioner may restore a permit which he or she has suspended, or issue a new permit to a person whose permit was previously cancelled, if he or she is satisfied that the applicant is able and willing to comply with the permit and the law and conditions attached to it.

277/84 s8

Dispensing of flammable or combustible liquid

        7. (1) The dispensing of flammable or combustible liquids with a flash‑point below 60° Celsius is not authorized inside a building, except in an approved fire rated room designed for those operations, or that may be approved by the fire commissioner.

             (2)  The dispensing of flammable and combustible liquids with a flash‑point below 60° Celsius and in quantities of not more than 235 litres may be authorized outside service stations and other areas approved by the fire commissioner provided that

             (a)  the flammable and combustible liquids are stored in an approved metal drum, meeting the requirements of the Canadian Transport Regulations;

             (b)  an approved hand operated dispensing pump is installed in the drum, which must be stored in an upright position;

             (c)  flammable and combustible liquid dispensing drums shall be in separate storage areas 10 metres apart;

             (d)  a "NO SMOKING" sign is installed near the flammable liquid dispensing drum;

             (e)  the dispensing drums are identified with the name of the product, i.e. "gasoline", "kerosene", etc.;

              (f)  no spigots, valves or siphon hoses on dispensing drums are used; and

             (g)  an accidental spillage around the dispensing drums is cleaned up immediately, and the area is kept free of all combustible debris.

277/84 s9

Proper containers required

        8. (1) A person shall not dispense a flammable liquid into, store or use from metal or plastic containers which do not meet the requirements of the latest edition of the Canadian Standard Association Standard B‑376, "Portable Containers for Gasoline and Other Petroleum Fuel".

             (2)  The official Canadian Standard Association's mark shall be affixed to the approved container referred to in subsection (1).

277/84 s10

Pump installation prohibited

        9. A person shall not install a gasoline or diesel fuel pump for the purpose of sale, or personal use of flammable or combustible liquid products unless a permit has been issued by the fire commissioner before the installation.

277/84 s11

Change of pump location

     10. A person shall not change the location of an installed gasoline or diesel fuel pump, or an above ground or underground tank location without prior approval of the fire commissioner.

277/84 s12

Site plan to be approved

     11. Site plans showing the exact location, proximity to other buildings, accessibility and other details including piping arrangement must be submitted to the fire commissioner for approval before a new installation or relocation can be accomplished.

277/84 s13

Repeal

      12. The Fire Prevention (Flammable and Combustible Liquids) Regulations, 1984, Newfoundland Regulation 277/84, are repealed.