CITY OF MONTRÉAL BY-LAW 94-057 BY-LAW CONCERNING FIRE PREVENTION At the Montréal city council meeting of June 20, 1994, it was ordained: SECTION 1 APPLICATION OF THE NATIONAL FIRE CODE OF CANADA (NFC) 1. The National Fire Code of Canada 1990 (NFC), along with its first, second, third and fourth revisions, published by the National Research Council of Canada and referred to in this by-law as the "Code", applies to the city of Montréal with the amendments provided for in this by-law. 2. In the Code and in the provisions added to it by this by-law, a reference to the NBC constitutes a reference to the National Building Code of Canada 1990, as adopted and amended by the Building By-law (R.B.C.M., chapter B-1) and by the By-law amending the Building By-law and the Code it adopts (94-020). 3. The provisions of the Code, as amended by this by-law, which require compliance with the NBC or which constitute building requirements, do not apply to constructions existing by acquired rights before the coming into force of this by-law, other than in the cases and in the manner provided for in the NBC. 4. This by-law applies subject to section IV of chapter III of the By-law establishing a housing code. SECTION II AMENDMENTS TO THE NATIONAL FIRE CODE OF CANADA 5. Article 1.1.2.1 of the Code is amended: (1) by deleting the word "acceptable" from Sentence (2); (2) by replacing, in Sentence (3), the words "that is known to be acceptable", by the words "meeting the requirements of this Code.". 6. Article 1.1.4.1 of the Code is amended by replacing Sentence (1) by the following: "(1) If it is demonstrated to the authority having jurisdiction that the layout and occupancy requirements relating to fire prevention prescribed by this Code cannot reasonably be met, the authority having jurisdiction may accept substitute measures if he is satisfied that: (a) existing fire prevention measures provide a sufficient degree of fire safety, or (b) measures are taken to provide a sufficient degree of fire safety. (See Appendix A.) (2) The substitute measures must be specified in a document in 2 copies, signed by the director of the Service de la prévention des incendies or by an officer he has authorized 94-057 / 1
for that purpose. One copy is delivered to the owner of the immovable concerned.". 7. Article 1.1.6.2 of the Code is amended by deleting Sentence (2). 8. Article 1.2.1.2 of the Code is amended: (1) by replacing the definition of "Acceptable" by the following: "Acceptable: bearing the seal of approval of a laboratory accredited by the Standards Council of Canada as an accreditation agency."; (2) by replacing the definition of "Authority having jurisdiction" by the following: "Authority having jurisdiction: the director of the Service de la prévention des incendies, who is responsible for the enforcement of this Code."; (3) by adding the following after the definition of "Dwelling unit": "Rooming house: building or part of a building where at least 4 furnished rooms are rented and where services such as meals, maintenance and supervision may be provided to the persons residing there.". 9. Article 2.1.2.2 of the Code is amended by replacing, in Sentence (1), the words "acceptable provisions are made to control the hazard" by the words "measures are taken to avoid fire hazards". 10. Article 2.1.3.1 of the Code is amended by replacing, in Sentence (2), the word "When" by the words "Subject to Part 10 of the NBC, when". 11. Article 2.1.3.2 of the Code is amended by deleting the words "Subsection 3.2.6. of". 12. Article 2.1.3.3 of the Code is amended by replacing Sentence (4) by the following sentence: "(4) In a dwelling unit existing before January 1, 1994, and subject to Part 10 of the NBC, smoke alarms may be battery operated.". 13. Article 2.3.1.2 of the Code is amended by adding, at the end, the words "No partitions or screens may be placed in front of windows so as to obstruct them.". 14. Article 2.4.1.1 of the Code is amended by adding the following sentences after Sentence (4): "(5) No explosive materials, wood chips, refuse or other objects, articles or goods that could cause a fire may be kept or placed in a building so as to constitute a fire hazard. (6) Where, in the opinion of the authority having jurisdiction, explosive materials, wood chips, refuse or other objects, articles or goods that could cause a fire are kept or placed so as to constitute a fire hazard, the authority having jurisdiction may order the owner, lessee, occupant, guard or supervisor of the premises to keep and dispose of them so that they may not, in the judgment of the authority having jurisdiction, cause a fire, or else to remove them. (7) Any person who fails to comply with an order given under Sentence (6) by the authority having jurisdiction contravenes this by-law. (8) Where one of the persons referred to in Sentence (6) fails to comply with an order of the authority having jurisdiction given under that sentence, the authority having 94-057 / 2
jurisdiction may remove those materials, wood chips, refuse or other objects, articles or goods at the offender's expense. (9) Fallow lots must be kept free of brushwood or other dead vegetation. (10) On the lots of construction sites, construction waste must, each day, be removed or placed in metal receptacles or containers.". 15. Article 2.4.1.5 of the Code is amended by adding, after the words "50 mm high.", the words "Moreover, in the case of a receptacle referred to in Sentence 2.4.1.4. (1), the metal cover must be designed so as to close automatically.". 16. Article 2.4.2.1 of the Code is amended by deleting the word "acceptable" from Sentence (1) and adding, after the words "smoking areas", the words "arranged so as to eliminate that hazard". 17. Subsection 2.4.2 of the Code is amended by adding the following after Article 2.4.2.2 : "2.4.2.3. Protection of Non-Smokers. In case of inconsistency between this subsection and the By-law concerning the protection of non-smokers (R.B.C.M., chapter P-14), the latter prevails.". 18. Article 2.4.3.2 of the Code is amended by deleting the word "acceptable" from Sentence (3), and by adding, after the word "area", the words "where those operations may be carried out without risk of fire or explosion". 19. Section 2.4.3 of the Code is amended by adding the following after Article 2.4.3.4: "2.4.3.5. Use of Torches or Open Flames for Certain Work. No torch or open flame may be used to remove paint or to thaw pipes unless a portable extinguisher is within reach and supervision is provided during the entire work period up to at least 30 minutes after completion of the work.". 20. Article 2.4.4.2 of the Code is amended by deleting the words " unless acceptable". 21. Subsection 2.4.5 of the Code is replaced by the following: "2.4.5. Open Air Fires 2.4.5.1. Bonfires (1) No bonfire may be set: (a) less than 75 m from a building; (b) less than 200 m from a high hazard industrial occupancy; (c) where combustibles are piled more than 3 m high and more than 3 m in diameter. (2) No bonfire may be set without the prior authorization of the authority having jurisdiction. (3) The authority having jurisdiction is not required to grant the authorization referred to in Sentence (2) less than 6 days after it was requested. Each application must be in writing. 2.4.5.2. Fires for Purposes Other Than Cooking. Subject to article 2.4.5.1 and except 94-057 / 3
for fireplaces, grills and barbecues, open air fires are prohibited. 2.4.5.3. Fireworks. Fireworks must comply with Part 5.". 22. Article 2.4.6.1 of the Code is amended by replacing the word "Vacant" by the words "Subject to the requirements of the Building By-law (R.B.C.M., chapter B-1), vacant". 23. Section 2.4 of the Code is amended by adding the following subsection after Subsection 2.4.6: "2.4.7. Work Tables 2.4.7.1. Work Tables in Industrial Occupancies and in Commercial Occupancies. In industrial occupancies and in commercial occupancies, no work table longer than 7.5 m may be used unless noncombustible partitions are fixed across the underside of the table every 2.5 m to 3 m or the underside of the table is sprinklered in conformance with Part 6.". 24. Article 2.5.1.3 of the Code is amended by replacing the words "an acceptable" by the words "a safe". 25. Subsection 2.5.1 of the Code is amended by adding the following after article 2.5.1.5: "2.5.1.6. Closed Streets. Where a yard or a private road referred to in Article 2.5.1.1 or a street is closed to vehicular traffic, a corridor at least 5 m wide, in the centre of the yard, the private road or the street, and at least 5 m high, must be accessible at all times to fire department vehicles and pedestrian traffic. 2.5.1.7. Fire Fighting Equipment. Each owner of an immovable must place and keep all fire fighting equipment required by this Code or the NBC in a clear area where it is easily accessible.". 26. Article 2.6.1.4 of the Code is amended by deleting the word "eliminate" from Sentence (3), by adding the word "eliminate" at the beginning of Clause (3) (a), and by adding the words "seal with noncombustible materials" at the beginning of Clause (3) (b). 27. Article 2.6.3.2 of the Code is replaced by the following: "2.6.3.2. Security (1) Electrical equipment vaults must be kept locked to prevent access to any person not authorized to enter. (2) Electrical equipment vaults must be clearly identified by a sign bearing a proper pictogram or the words "Electrical Equipment" in letters of at least 22 mm, as well as a reference to the maximum voltage.". 28. Article 2.7.1.1 of the Code is replaced by the following: "2.7.1.1. Means of Egress (1) Means of egress must be provided in buildings in conformance with the NBC. (2) Accesses and accesses to exits must be kept free of obstructions. (3) In means of egress, no element whose presence would jeopardize safety may be added.". 94-057 / 4
29. Article 2.7.1.3 of the Code is amended by adding the following sentence after Sentence (2): "(3) For the purposes of Sentences (1) and (2), in determining the occupant load allowed into a room, the maximum occupant load for the floor area where the room is located is taken into account, due allowance being made for means of egress.". 30. Article 2.7.1.4 of the Code is amended by adding to Sentence (1), after the word "occupancies", the words "of Group A, Division 1, 2 or 3, except day schools,". 31. Article 2.7.1.5 of the Code is amended by adding, after the words "for fixed seating in the National Building Code of Canada.", the words "In all rows of at least 5 nonfixed seats, the seats must be attached to each other in groups of no more than 16 seats between aisles, so that the required spacing remains in conformance with the NBC.". 32. Subsection 2.7.1 of the Code is amended by adding the following after Article 2.7.1.7: "2.7.1.8. Balconies. The balconies of occupied buildings must be kept free of snow or ice accumulations. 2.7.1.9. Tables and Seats. In assembly occupancies, clear spaces of at least 300 mm between seats, whether occupied or not, and a proper number of aisles of at least 900 mm, must be maintained.". 33. Article 2.7.3.1 of the Code is amended by replacing, in Sentence (1), the words "Exit lighting" by the words "Means of egress lighting". 34. Subsection 2.8.1 of the Code is amended by deleting Article 2.8.1.4. 35. Sentence (1) of Article 2.8.2.1 of the Code is amended: (1) by replacing the words "and acceptable" by the word "a"; (2) by replacing the words "and other applicable regulatory authorities" by the words ", submitted beforehand for that purpose". 36. Article 2.8.2.2 of the Code is amended: (1) by replacing the title by the following: "Supervisory Staff"; (2) by replacing, in Sentence (2), the words "in the building" by the words "in each performance hall and each projection room, supplied with a portable lamp providing an average lighting of at least 10 lx at 1.5 m,"; (3) by adding the following sentences after Sentence (2): "(3) In an occupied building with a two-stage fire alarm system, the supervisory staff must consist of at least 3 persons on duty in the building capable of carrying out the fire safety plan outlined in Sentence 2.8.2.1. (1), of properly controlling an incipient fire and properly using the fire protection equipment. (4) Where a fire alarm system is two-stage, there must be a member of the supervisory staff at the central alarm and control station when the building is occupied.". 94-057 / 5
37. Article 2.8.2.3 of the Code is amended: (1) by replacing the title by the following: "Additional Requirements"; (2) by adding to Sentence (1), after the words "National Building Code of Canada", the words "and in any building with a system referred to in the following clauses,". 38. Article 2.8.2.6 of the Code is amended: (1) by adding to Sentence (1), after the words "procedures", the words "and a diagram clearly showing the location of exits, the fire emergency system and the telephone number of the fire department (See Appendix A)"; (2) by replacing Sentence (2) by the following: "(2) The fire safety rules, the paths of travel to exits, as well as the information specified in Sentence (1), must be posted for the benefit of occupants in every room of a hotel, motel and rooming house."; (3) by adding the words "(See Appendix A)" at the end of Sentence (3). 39. Article 2.8.3.2 of the Code is amended: (1) by adding to Clause (1) (c), after the words "National Building Code of Canada", the words "except buildings of Group C major occupancy"; (2) by adding the following clause after Clause (1) (c): "(d) in Group A, Division 1 major occupancies, those drills must be conducted at least once every 3 months.". 40. Article 2.9.3.1 of the Code is amended by adding the following after Sentence (4): "(5) The lighting must be electrically operated. Bulbs and projectors must be at least 600 mm from combustible material.". 41. Article 2.9.3.5 of the Code is amended by replacing the words "an acceptable" by the word "a". 42. Subsection 2.9.3 of the Code is amended by adding the following after Article 2.9.3.6: "2.9.3.7. Heat Producing Appliances. No cooking appliances or fuel-burning appliances are allowed in a tent to which the general public is admitted. 2.9.3.8. Interior Partitions. No partitions used to divide the space inside a tent or an air supported structure may be installed less than 1 m from the ceiling (see Appendix A).". 43. Section 2.10 of the Code is amended by adding the following subsection after Subsection 2.10.4: "2.10.5. Provincial Regulations 2.10.5.1. The provisions of this section apply only insofar as they are consistent with the regulations under the Act respecting child day care (R.S.Q., chapter S-4.1).". 44. Article 2.15.1.2 of the Code is amended by replacing, in Sentence (1), the words "an acceptable" by the word "a". 94-057 / 6
45. Part 2 of the Code is amended by adding the following sections after Section 2.15: "Section 2.16.Portable Cooking Appliances 2.16.1. Use 2.16.1.1. Inside a Building. No portable cooking appliances fueled by charcoal or gas may be used inside a building. 2.16.1.2. Outside a Building (1) Outside a building, no portable cooking appliances may be used less than 600 mm from a door or a window. (2) All appliances fueled by charcoal must, when in use, rest on noncombustible materials and be at least 450 mm from combustible materials. Section 2.17. Stages 2.17.1. Theatre Stages 2.17.1.1. Fire Protection Equipment (1) Every theatre stage must be provided with: (a) 2 portable extinguishers in conformance with Part 6, (b) 2 fire axes, (c) 6 fire pike poles including i) two 7.5 metres in length, ii) two 4.5 metres in length, iii) two 3 metres in length. (2) Every walkway overhanging a stage must be provided with 2 portable extinguishers in conformance with Part 6. 2.17.1.2. Scenery and Accessories. Only the scenery and accessories required for current performances may be kept on a stage and on the walkways of a stage. No others may be kept on the premises unless they are stored in accessory storage rooms in conformance with the NBC.". 46. Article 3.2.2.2. of the Code is amended by replacing, in Sentence (1), the words "an acceptable" by the word "a", and by adding, after the words "clear space", the words "of at least 4.5 m,". 47. Article 3.2.2.6 of the Code is amended by replacing, in Sentence (2), "15 m" by "12 m" and "45 m" by "30 m". 48. Article 3.2.2.7 of the Code is amended by replacing, in Clause (1) (b), "1.8 m" by "2.5 m". 49. Article 3.2.2.11 of the Code is amended by deleting, from Sentence (1), the words "or water barrels of not less than 200 L capacity with 3 acceptable 12 L pails" and the words "or barrel". 50. Subsection 3.2.3 of the Code is amended by deleting the words "(See Appendix A.)" after the title. 51. Article 3.2.3.1 of the Code is amended by replacing Sentences (1) and (2) by the following sentence: "(1) No wood chips may be stored outdoors.". 94-057 / 7
52. Subsection 3.2.3 of the Code is amended by deleting Articles 3.2.3.2 to 3.2.3.8. 53. Article 3.3.2.4 of the Code is amended by adding to Sentence (1), after the words "exposure hazard", the words "(See Appendix A)". 54. Article 3.3.2.6 of the Code is amended: (1) by replacing the period at the end of Clause (2) (e) by a semicolon; (2) by adding the following clause to Sentence (2), after Clause (e): "(f) the updated identification sheets for dangerous good stored or handled in the building.". 55. Article 3.3.6.2 of the Code is amended by adding the following sentence after Sentence (2): "(3) A sign prohibiting smoking, in conformance with Article 2.4.2.2, must be posted near each of the storage areas described in Sentences (1) and (2).". 56. Article 3.3.6.3 of the Code is amended by replacing the word "acceptable" by the word "appropriate". 57. Article 3.5.1.3 of the Code is amended by replacing, in Clause (1) (b), "1.8 m" by "2.5 m". 58. The title of Section 3.7 of the Code is amended by adding, at the end, the words "and ovens for baking for commercial purposes". 59. Article 3.7.1.1 of the Code is amended by adding the following at the end: "The requirements of Articles 3.7.3.1, 3.7.3.2, 3.7.3.4, 3.7.5.1, 3.7.6.1 and 3.7.6.3 apply to ovens for baking for commercial purposes.". 60. Article 3.7.4.2 of the Code is amended by adding the following sentence after Sentence (2): "(3) The interlocks required under this article must be designed so that no oven may restart without manual intervention.". 61. Article 3.7.6.4 of the Code is amended by adding, after the word "system", the words "in conformance with NFPA 86, "Ovens and Furnaces"". 62. Part 3 of the Code is amended by adding the following section after Section 3.8: "Section 3.9. Gaseous Fuel Supply Stations 3.9.1 Natural Gas 3.9.1.1. Supply Stations. Supply stations for vehicles dispensing natural gas must be set up and operated in conformance with CAN/CGA-B149.1, "Natural Gas Installation Code". 3.9.2. Propane Gas 3.9.2.1. Supply Stations. Supply stations for vehicles dispensing propane gas must be set up and operated in conformance with CAN/CGA-B149.2, "Propane Installation Code".". 94-057 / 8
63. Article 4.1.1.1 of the Code is amended by adding, at the end of Sentence (1), after the words "open areas", the words ", except where the requirements of this part are inconsistent with the "Act respecting the use of petroleum products" (R.S.Q., chapter U-1.1) and its regulations". 64. Article 4.1.4.1 of the Code is amended by deleting the words "the appropriate provincial or territorial legislation, or in the absence of such legislation, to the requirements of". 65. Article 4.1.5.5 of the Code is replaced by the following: "4.1.5.5. Smoking. Smoking is prohibited in an area specified in Sentence 4.1.1.1. (1), except if that area conforms to Subsection 2.4.2.". 66. Article 4.1.7.3 of the Code is amended by replacing Sentence (4) by the following: "(4) If the average air velocity in a room exceeds 0.5 m/s, make-up air must be provided in conformance with Article 4.1.7.5.". 67. Article 4.1.8.1 of the Code is amended by deleting the words "acceptable storage tanks or" and by adding, after the word "containers", the words "conforming to Subsection 4.2.3 or in storage tanks conforming to Subsection 4.3.1". 68. Article 4.1.8.4 of the Code is repealed. 69. Article 4.1.9.1 of the Code is amended by replacing Sentence (3) by the following: "(3) Liquid spilled or leaked must be removed with an absorbent that is incombustible or that conforms to ULC/ORD-C410A, "Absorbent Materials for Flammable and Combustible Liquids", and disposed of so as not to create a fire hazard.". 70. Section 4.1 of the Code is amended by adding the following subsection after Subsection 4.1.9: "4.1.10. Inspections and Tests 4.1.10.1. Inspections and Leakage Tests (1) One of the persons referred to in article 1.1.1.1 must inform the authority having jurisdiction at least 24 hours before leakage tests are performed as required under this part or under the Petroleum Products Regulation (Q.R.R. 1981, chapter U-1.1, r. 1). (2) The results of the leakage tests referred to in Sentence (1) must be submitted in writing to the authority having jurisdiction within 15 days after the tests.". 71. Article 4.2.2.2 of the Code is amended by replacing the words "in an acceptable manner" by the words "with noncombustible materials at least 2.5 m high". 72. Article 4.2.7.7 of the Code is replaced by the following: "4.2.7.7. Fire Suppression Systems. Where protection is required by Article 4.2.7.5, storage areas for containers of flammable liquids and combustible liquids must be sprinklered or provided with automatic sprinkler systems in conformance with NFPA-30, "Flammable and Combustible Liquids Code" (See Appendix A).". 94-057 / 9
73. Article 4.2.7.12 of the Code is amended by replacing the words "Acceptable absorbent materials" by the words "Absorbent materials in conformance with Subsection 4.1.9". 74. Article 4.2.8.4 of the Code is amended by deleting the word "acceptable" from Clause (1)(c), and adding, after the words "absorbent materials", the words "in conformance with Subsection 4.1.9". 75. Article 4.2.9.1 of the Code is amended by replacing Sentence (2) by the following: "2) The maximum quantities and densities of flammable liquids or combustible liquids authorized in Sentence (1) may be doubled if the storage room is provided with an automatic sprinkler system in conformance with NFPA-30, "Flammable and Combustible Liquids Code".". 76. Article 4.2.10.5 of the Code is amended by replacing, in Sentence (2), the words "When acceptable, wood" by the word "Wood". 77. Article 4.3.1.2 of the Code is amended: (1) in Sentence (1) (a) by replacing the period at the end of Clause (j) by a comma; (b) by adding the following clauses after Clause (j): "(k) ULC/ORD-C142.3, "Contained Steel Aboveground Tank Assemblies for Flammable Liquids", (l) ULC/ORD-C142.5, "Concrete Encased Aboveground Tank Assemblies for Flammable Liquids", (m) ULC/ORD-C142.23, "Aboveground Waste Oil Tanks"."; (2) by adding the following sentence after Sentence (4): "5) Tanks in conformance with Sentence (1), used for the storage of flammable liquids or combustible liquids, must bear the seal of approval of the Canadian Standards Association, the Insurance Laboratories of Canada or the American Petroleum Institute, as well as the manufacturer's label bearing the tank number, year of manufacture, volumetric capacity and wall thickness.". 78. Article 4.3.1.6 is amended by replacing the words "other acceptable materials and design" by the words "equivalent materials and designed in conformance with one of the tank construction standards referred to in this subsection". 79. Article 4.3.5.2 of the Code is amended: (1) by adding, at the end of Sentence (1), after the words "part of the building", the words ", and be provided with a cap protecting them from the elements and with a flame arrester"; (2) by adding, at the end of Sentence (2), after the words "building opening", the words "and be provided with a cap protecting them from the elements or with a U connection". 80. Article 4.3.6.4 of the Code is amended by adding the following after Sentence (2): "3) Filling and emptying of aboveground storage tanks for flammable liquids and 94-057 / 10
combustible liquids must be carried out with watertight connections.". 81. Article 4.3.7.2 of the Code is amended: (1) by replacing, in Sentence (2), the word "acceptable" by the words "authorized under Article 1.1.4.1"; (2) by adding the following sentence after Sentence (2): "3) The requirements of Sentences (1) and (2) do not apply to storage tanks conforming to Clause 4.3.1.2.(1)(k) or (l) and having a capacity of no more than 50 000 L.". 82. Article 4.3.7.3 of the Code is amended by adding the following sentence after Sentence (2): "3) The maximum quantity of flammable liquids or combustible liquids permissible inside the same diked area is 91 000 000 L.". 83. Article 4.3.7.4 of the Code is amended by adding the following sentences after Sentence (3): "4) Where a diked area protects more than one storage tank, it must be provided with drainage channels or secondary walls in order to prevent spillage or seepage from putting adjacent tanks in danger, in conformance with NFPA30, "Flammable and Combustible Liquids Code". 5) Sentence (4) does not apply to storage tanks conforming to Clause 4.3.1.2.(1)(k) or (l) and having a capacity of no more than 50 000 L.". 84. Article 4.3.7.5 of the Code is amended by deleting the word "acceptable" from Sentence (2). 85. Article 4.3.7.7 of the Code is replaced by the following: "4.3.7.7. Fire Suppression Measures (1) Every aboveground storage tank with an individual capacity greater than 55 000 L and every aboveground storage tank forming part of an installation whose cumulative capacity is greater than 455 000 L of flammable liquids or combustible liquids must be provided with a permanent and fixed fire suppression system conforming to good engineering practice (See Appendix A). (2) All protection devices required to meet the requirements of Sentence (1) must be operable from a control unit in conformance with Article 4.3.7.10 for the entire installation. (3) Except for unstable liquids, the fire suppression systems must be operable inside the tanks. (4) The pipes, valves and other accessories of the fire suppression systems required under Sentence (1) must be painted red and identified by signs, and only the components of that system may be painted that color. (5) The fire department connections of the fire suppression systems required under Sentence (1) must be installed near a public thoroughfare and be readily accessible at all times.". 86. Article 4.3.7.8 of the Code is amended by adding, at the end of Sentence (2), after the word "area", the words "or in a control unit in conformance with Article 4.3.7.10". 94-057 / 11
87. Subsection 4.3.7 of the Code is amended by adding the following after Article 4.3.7.9: "4.3.7.10. Control Unit (1) The control unit of fire suppression systems must be located near a public thoroughfare, be clearly identified and be readily accessible. (2) The building housing the control unit must be built of noncombustible materials with a fire-resistance rating of at least 3 hours. (3) No window or other opening is permitted in walls facing a tank, a loading wharf or any other installation for the handling or storage of flammable liquids or combustible liquids, unless it is behind a separate protective concrete wall. (4) The distance between a control unit and a storage tank or a loading or unloading wharf must be sufficient for safety purposes and may not be less than 30 m. (5) The control unit must only contain the tools and materials necessary for fire fighting operations.". 88. Article 4.3.8.1 of the Code is amended by replacing Sentence (2) by the following sentences: "(2) Underground storage tanks must be at least: (a) 1 m from any building, any other tank and any right of way other than the one specified in Clause (b), (b) 3 m from the lines of an adjacent property, (c) 750 mm from the interior edge of an excavation (See also Section 4.12). (3) Underground storage tanks on a Class A site, as defined in the Petroleum Products Regulation (Q.R.R. 1981, chapter U-1.1, r.1), must be provided with a double walled system and double walled piping including, at its low point, a sump, which must be equipped with an automatic vapor detection system for the stored product. (4) Underground storage tanks on a Class B site, as defined in that regulation, must be equipped with an automatic vapor detection system in an observation well in conformance with Article 4.3.8.10. (5) Underground storage tanks on a site within a radius of 50 m from a building occupied by 4 dwelling units or more in the basement or, in the case of a rooming house, by 4 rooms in the basement, must be installed in conformance with Sentence (3). (6) All underground storage tanks used for the recovery of waste oil or for supplying generators with flammable liquids must be installed in conformance with Sentence (3).". 89. Article 4.3.8.3 of the Code is amended by adding, at the end of Sentence (2), after the word "site", the words "unless that work is carried out by the manufacturer or his authorized agent". 90. Article 4.3.8.4 of the Code is amended by adding the following sentence after Sentence (2): "(3) One of the persons referred to in Article 1.1.1.1 must inform the authority having jurisdiction at least 24 hours before lowering storage tanks into an excavation.". 91. Subsection 4.3.8 of the Code is amended by adding the following articles after Article 4.3.8.9: "4.3.8.10. Sealing System and Observation Well. Every excavation for the installation of an underground storage tank must be provided with a sealing system and an observation well 94-057 / 12
in conformance with the Petroleum Products Regulation (Q.R.R., 1981, chapter U-1.1, r.1). 4.3.8.11. Capacity. The capacity of an underground storage tank containing flammable liquids or combustible liquids may not exceed 100 000 L.". 92. Article 4.3.10.3 of the Code is amended: (1) by adding the following at the end of Sentence (1): "The outlets must be provided with a cap to protect them from the elements, and with a flame arrester."; (2) by adding the following at the end of Sentence (2): "The openings must be provided with a cap to protect them from the elements, or with a U connection"; (3) by replacing Sentence (3) by the following: "(3) Subject to Sentences (1) and (2), no vent pipe outlets of storage tanks for flammable liquids or combustible liquids may be obstructed by a device likely to cause excessive back pressure.". 93. Article 4.3.11.3 of the Code is amended by adding the following sentences after Sentence (5): "(6) Fill piping of underground storage tanks must extend up to at least 200 mm from the bottom of the tank. (7) Except for waste oil, underground storage tank filling operations must be carried out with watertight connections.". 94. Subsection 4.3.11 of the Code is amended by adding the following after Article 4.3.11.3: "4.3.11.4. Spillage Prevention System. When an underground storage tank is installed or altered, the fill pipe must be provided with an acceptable spillage prevention system.". 95. Article 4.3.14.1 of the Code is amended by adding the following sentence after Sentence (2): "(3) Connections used for filling and emptying interior storage tanks must be in conformance with Sentences 4.3.11.3.(3), (4) and (7).". 96. Article 4.3.16.1 of the Code is replaced by the following: "4.3.16.1. Leakage Tests (1) Storage tanks must be tested for leakage in conformance with Sentences (2) to (4), whenever a leak is suspected. They must also be tested: (a) before backfilling at the time of installation, in the case of underground tanks, (b) before filling or putting into service, in the case of aboveground tanks. (2) Where aboveground storage tanks must be tested for leakage in conformance with Sentence (1), the source of leakage may be determined by a visual examination of the body of the tank shell and, where the bottom does not lend itself to such an examination, by testing the bottom in conformance with Sentence (3). (3) Subject to articles 4.3.16.4 and 4.3.16.5, where an underground storage tank must be tested in conformance with Sentence (1), tests must be performed by qualified personnel using devices in conformance with: 94-057 / 13
(a) ULC/ORD-C58.12, "Leak Detection Devices (Volumetric Type) for Underground Flammable Liquids Storage Tanks", or (b) ULC/ORD-C58.14, "Non Volumetric Leak Detection Devices for Underground Flammable Liquids Storage Tanks" (See Appendix A). (4) Where the storage construction standards specified in Articles 4.3.1.2 and 4.3.1.3 provide for on-site tests, the tests are authorized for tanks in conformance with those standards.". 97. Article 4.3.16.3 of the Code is amended by replacing Clauses (a), (b) and (c) in Sentence (1) by the following: "(a) the tank must be replaced or repaired by the manufacturer or his authorized agent, (b) the leaked liquid must be removed in conformance with Subsection 4.1.9, (c) where it is replaced or repaired, the tank must be tested again for leakage in conformance with Article 4.3.16.1.". 98. Article 4.3.16.4 of the Code is replaced by the following: "4.3.16.4. Pneumatic Leakage Tests (1) Subject to Sentences (2) to (4), pneumatic leakage tests on storage tanks must be performed in conformance with the Petroleum Products Regulation (Q.R.R. 1981, chapter U-1.1, r.1). (2) No pneumatic leakage tests may be performed on field-erected aboveground storage tanks. (3) No pneumatic leakage tests may performed on storage tanks containing flammable liquids or combustible liquids. (4) Measures must be taken to guard against the hazards associated with pneumatic leakage tests where explosive mixtures of vapors from flammable liquids or combustible liquids and air may be present in the area of a tank that has been in use.". 99. Subsection 4.3.17 of the Code is replaced by the following subsection: "4.3.17. Liquid Level Measurements 4.3.17.1. Liquid Level Measurements (1) The liquid level in storage tanks must be measured at least once a week, in conformance with Sentences (3) and (4). (2) The level of water at the bottom of underground storage tanks must be measured at least once a week. (3) The measurements described in Sentences (1) and (2) must be compared with meter readings and any gain or loss of liquid must be determined at the time of each required measurement. (4) A record for each storage tank showing the measurements and calculations described in Sentence (3) must be retained and kept at the disposal of the authority having jurisdiction for examination, in conformance with Article 1.1.5.1. 4.3.17.2. Remedial Action (1) The remedial action described in Subsection 4.3.16 must be taken and the 94-057 / 14
authority having jurisdiction must be informed without delay if: (a) a leak detection method or the liquid level measurement described in Article 4.3.17.1 reveals a loss of liquid or an increase in water; (b) the level of water at the bottom of an underground storage tank is more than 50 mm.". 100. Article 4.4.2.1 of the Code is amended by replacing Sentence (3) by the following: "(3) Non-metallic piping in underground installations may be used if it conforms to the following standards: (a) ULC/ORD-C107C, "Glass Fibre Reinforced Plastic Pipe and Fittings for Flammable Liquids", (b) ULC/ORD-C107.4, "Ducted Flexible Underground Piping Systems for Flammable and Combustible Liquids.". 101. Article 4.4.2.2 of the Code is amended by deleting the word "acceptable", and by adding, after the word "metallic", the words "in conformance with Subsection 1.1.2". 102. Article 4.4.6.1 of the Code is amended by replacing, in Sentence (1), the words "an acceptable" by the words "a test method in conformance with article 4.4.6.4, ". 103. Article 4.4.6.4 of the Code is replaced by the following: "4.4.6.4. Testing. Pneumatic leakage tests on piping must be performed in conformance with the Petroleum Products Regulation (Q.R.R. 1981, chapter U-1.1, r.1).". 104. Articles 4.4.6.5 and 4.4.6.6 of the Code are repealed. 105. Article 4.4.6.7 of the Code is replaced by the following: "4.4.6.7. Flammable Liquids as a Test Medium. No flammable liquids may be used for pressure testing piping systems.". 106. Subsection 4.4.6 of the Code is amended by adding the following after Article 4.4.6.7: "4.4.6.8. Continuous Detection. Where underground piping is provided with a continuous leak detection device, that device must be in conformance with ULC/ORD- C107.12, "Line Leak Detection Devices for Flammable Liquids Piping".". 107. Article 4.4.7.3 of the Code is amended by adding the following after Sentence (4): "(5) The insulation surrounding aboveground piping must be noncombustible.". 108. Article 4.4.7.10 of the Code is amended by deleting the word "acceptable" from Sentence (3). 109. Article 4.4.11.4 of the Code is amended by replacing the word "frequent" by the word "monthly". 110. Article 4.5.2.1. of the Code is replaced by the following: 4.5.2.1. Storage Capacity 94-057 / 15
(1) The storage capacity for flammable liquids and combustible liquids at service stations may not exceed 250 000 L. (2) Storage tanks at service stations may not exceed 50 000 L in the case of underground tanks and 25 000 L in the case of aboveground tanks. (3) Subject to Sentences (4) and (5), exterior aboveground storage tanks may be installed at service stations that are not open to the general public, at marine service stations and at service stations of airports. (4) Exterior aboveground storage tanks at a service station must have a cumulative storage capacity of no more than 25 000 L. (5) Exterior aboveground storage tanks at a service station must be: (a) protected against collision damage, (b) (c) protected against unauthorized access to the tanks and their equipment, provided with a device to accommodate accidental spillage, in conformance with Subsection 4.3.7.". 111. Article 4.5.2.3 of the Code is amended by replacing, in Sentence (1), "2500 L" by "1200 L". 112. Article 4.5.2.5 of the Code is amended: (1) by deleting the word "acceptable" from Sentence (1) and by adding, after the word "containers", the words "in conformance with Article 4.2.3.1,"; (2) by replacing Sentence (2) by the following: "(2) The containers in which flammable liquids or combustible liquids are sold must be in conformance with Article 4.2.3.1.". 113. Article 4.5.2.8 of the Code is replaced by the following: "4.5.2.8. Piping. The piping used for flammable liquids or combustible liquids at service stations must be in conformance with Article 4.4.2.1.". 114. Article 4.5.3.2 of the Code is amended by deleting Sentence (2). 115. Article 4.5.3.3 of the Code is amended by replacing Clause (1)(b) by the following: "(b) security poles or gates.". 116. Article 4.5.4.2 of the Code is amended by replacing, in Sentence (2), the words "an acceptable" by the word "a". 117. Article 4.5.6.6 of the Code is amended by deleting the word "acceptable" from Sentence (6). 118. Article 4.5.8.3 of the Code is amended: (1) by replacing the title by the following: "Automatic Dispensing Devices at Self-Service Outlets"; (2) by replacing the words "Except as provided in Article 4.5.8.4 for card or key activated equipment, special" by the word "Special". 94-057 / 16
119. Article 4.5.8.4 of the Code is amended: (1) by replacing the title by the following: "Automatic Dispensing Devices at Service Stations"; (2) by replacing Sentence (1) by the following: "(1) Card or key activated dispensing devices are permitted at unattended service stations that are not open to the general public and are not operated for commercial purposes, in conformance with Sentences (3) to (6) (See Appendix A)"; (3) by replacing Sentence (5) by the following: "(5) A clearly identified telephone to call the fire department must be provided in an accessible location."; (4) by replacing, in Sentence (6), the word "acceptable" by the word "accessible"; (5) by adding the following sentences after Sentence (6): "(7) Automatic dispensing devices must be provided with a user and vehicle identification device designed so that the quantity of fuel dispensed is limited to the type of vehicle and mileage, and that only the proper type of fuel for the vehicle is dispensed by a single dispenser at a time for each user. (8) The flow of automatic dispensing devices may not exceed 70 L/min for flammable liquids and 180 L/min for combustible liquids.". 120. Article 4.5.8.6 of the Code is amended by deleting, from Clause (4)(c), the word "acceptable", and by adding, after the word "material", the words "in conformance with Article 4.1.9.1,". 121. Article 4.5.11.2 of the Code is amended by adding, after the word "material", the words "in conformance with Article 4.1.9.1". 122. Subsection 4.6.6 of the Code is amended by adding the following after Article 4.6.6.6: "4.6.6.7. Vents. The vents used for flammable liquids must be at least 8 m from loading and unloading installations or from parking areas.". 123. Subsection 4.6.7 of the Code is replaced by the following: "4.6.7. Fire Protection 4.6.7.1. Fire Suppression System. Every loading or unloading wharf of an installation for more than 455 000 L of flammable liquids or combustible liquids must be provided with a permanent and fixed automatic sprinkler system installed in conformance with Article 4.3.7.7.". 124. Article 4.7.4.4 of the Code is amended by deleting the word "acceptable". 125. Article 4.7.7.2 of the Code is amended by replacing, in Sentence (1), the word "acceptable" by the word "equivalent". 126. Article 4.7.8.1 of the Code is amended by deleting the word "acceptable". 94-057 / 17
127. Article 4.7.9.2 of the Code is amended by replacing the words ", relief valves or some other acceptable arrangement" by the words "or other relief valves". 128. Article 4.8.4.3 of the Code is amended in Sentence (1): (1) by deleting the word "acceptable"; (2) by adding to Clause (b), after the word "hydrants", the words "in conformance with Part 6 and provided with connections compatible with the fire fighting equipment of the fire department"; (3) (French version only); (4) by adding to Clause (e), after the word "systems", the words "in conformance with Part 6". 129. Article 4.9.3.2 of the Code is amended by deleting from Sentences (2) and (3) the word "acceptable", and by adding to Sentences (2) and (3), after the words "fire suppression system", the words "in conformance with Part 6". 130. Article 4.9.4.1 of the Code is amended by replacing the words "an acceptable" by the word "a". 131. Article 4.9.7.1 of the Code is amended by adding, after the words "when acceptable,", the words "and subject to Sentence 4.1.6.2.(1),". 132. Subsection 4.10.1 of the Code is amended by adding the following article after Article 4.10.1.1: "4.10.1.2. Notice to the Authority Having Jurisdiction. One of the persons referred to in Article 1.1.1.1 must inform the authority having jurisdiction within 30 days of the withdrawal from service of a storage tank for flammable liquids or combustible liquids.". 133. Article 4.10.3.1 of the Code is amended: (1) by deleting from Sentence (2) the words ", to an acceptable degree"; (2) by adding the following after Sentence (2): "(3) The owner or his agent must inform the authority having jurisdiction of the removal work referred to in Sentence (1) at least 10 days before the start of work.". 134. Subsection 4.10.4 of the Code is amended by adding the following article after Article 4.10.4.3: "4.10.4.4. Cutting or Piercing (1) No cutting or piercing work may be carried out on storage tanks having contained flammable liquids or combustible liquids on the site where they were used. (2) The work referred to in Sentence (2) must be carried out in a safe location and provided with all necessary equipment for the prevention of environmental contamination by liquid residues.". 135. Article 4.11.2.5 of the Code is amended by replacing the word "acceptable" by the word "equivalent". 136. Article 4.11.6.1 of the Code is amended by deleting the word "acceptable" from Sentence (2). 137. Part 4 of the Code is amended by adding the following section after Section 4.11: 94-057 / 18
"Section 4.12. Metro 4.12.1. Equipment Prohibited Near the Metro 4.12.1.1. Within 3 m. No underground or aboveground storage tanks, no dispensing devices for flammable liquids or combustible liquids, and no pumps or piping containing those liquids may be installed less than 3 m from a vertical plane abutting on the closest exterior face of a metro structure. 4.12.1.2. Between 3 m and 50 m. Where the equipment referred to in Article 4.12.1.1 is at least 3 m but no more than 50 m from a vertical plane abutting on the closest exterior face of a metro structure, it must conform to the requirements of this part. 4.12.2. Leakage Tests 4.12.2.1. Annual Tests. Subject to article 4.12.2.2, storage tanks and their piping containing flammable liquids or combustible liquids that are buried less than 150 m from a vertical plane abutting on the exterior face of a metro structure, whether projected, under construction or built up, must be tested each year for leakage, as specified in this part. 4.12.2.2. Continuous Leakage (1) No annual leakage tests are required for the equipment referred to in Article 4.12.2.1: (a) if it is provided with an automatic continuous leak detection device in conformance with: (i) ULC/ORD-C58.12, "Leak Detection Devices (Volumetric Type) for Underground Flammable Liquids Storage Tanks", or (ii) ULC/ORD-C58.14, "Non Volumetric Leak Detection Devices for Underground Flammable Liquids Storage Tanks"; (b) where the related underground piping is provided with a continuous leak detection device in conformance with Article 4.4.6.8.". 138. Section 5.2 of the Code is amended by adding the following subsections after Subsection 5.2.2: "5.2.3. Domestic Fireworks 5.2.3.1. Application. This subsection applies to Class 7.2.1 fireworks, as provided for in the Explosives Act (R.S., chapter E-15, S.1), with the exception of caps for toy pistols. 5.2.3.2. Display (1) Fireworks displayed for sale purposes or other must be kept: (a) in a display unit kept closed when not in use or in a display unit not normally accessible to customers, (b) sheltered from rays of sunlight and other intense heat sources, particularly by not displaying them in the window. (2) Signs in conformance with Article 2.4.2.2 must specify that smoking is prohibited near fireworks display units. 5.2.3.3. Authorization (1) No fireworks may be used without the prior authorization of the authority having jurisdiction. (2) An application to that effect must be filed in writing with the authority having 94-057 / 19
jurisdiction at least 15 days before the proposed use. (3) Each application for authorization must specify: (a) the name, address and occupation of the applicant and of any responsible person on the site; (b) the date, time and place of the proposed use, as well as a description of the fireworks site; (c) the description and the quantity of fireworks to be used; (d) where more than 150 fireworks must be used, the information required in Sentences 5.2.4.2.(3) and (4). 5.2.3.4. Site. The site selected for the use of fireworks must be free of obstructions and measure at least 30 m by 30 m. 5.2.3.5. Use (1) In addition to what is provided for in Article 5.2.1, no fireworks may be used unless the following requirements are met: (a) a source of water sufficient to extinguish an incipient fire, such as a garden hose, must be kept near the site, (b) spectators must be kept at least 20 m from the fireworks, (c) no fireworks may be set where winds may cause them to fall on adjacent lots, (d) no person may throw fireworks or place them in his pockets, (e) except for sparklers, no person may hold fireworks in his hands when they are lit, (f) no person may attempt to relight fireworks whose initial lighting was unsuccessful, (g) used fireworks and those whose lighting was unsuccessful must be submerged into a bucket of water. 5.2.4. Major Displays of Fireworks 5.2.4.1. Application. This subsection applies to Class 7.2.2 fireworks, as provided for in the "Explosives Act, R.S., chapter E-15, S.1". 5.2.4.2. Authorization (1) No fireworks may be used without the prior authorization of the authority having jurisdiction. (2) An application to that effect must be filed in writing with the authority having jurisdiction at least 15 days before the proposed date of use, by a person holding a valid explosives technician's certificate. (3) Each application for authorization must specify: (a) the name, address and occupation of the applicant; (b) the number and expiration date of the applicant's permit, as well as the number of the explosives technician's certificate; (c) a description of the expertise of the explosives technician; (d) the date, time and place of the proposed use, as well as a description of the fireworks site; (e) where fireworks must temporarily be stored, a description of the site and the proposed storage method. 94-057 / 20
(4) Each application must include: (a) a plan drawn to scale, in 2 copies, of installations on the site; (b) a copy of the fireworks order form; (c) proof that the explosives technician holds, for himself and his authorized agents, third-party liability insurance of at least $1 000 000 as a result of that use. 5.2.4.3. Trial Firing. Each applicant for a permit must, at the request of the authority having jurisdiction, carry out a trial firing before the fireworks. 5.2.4.4. Use. The handling and firing of fireworks must be in conformance with instructions in the explosives technician's manual published by Natural Resources Canada. 5.2.4.5. Supervision. The explosives technician must be on the site of the display of fireworks during assembly, lighting and dismantling operations and cleanup of the site, and must supervise those operations. 5.2.4.6. Cleanup of Site (1) The fireworks fallout area must remain closed to the public until the end of cleanup operations. (2) No fireworks whose lighting was unsuccessful may be destroyed on site and the explosives technician must inform the authority having jurisdiction of the place where they will be taken for destruction. 5.2.5. Theatrical Fireworks 5.2.5.1. Application. This subsection applies to Class 7.2.5 fireworks, as provided for in the "Explosives Act, R.S., chapter E-15, S.1", serving to create a theatrical effect whether in films, plays or television shows, or in productions in front of spectators. 5.2.5.2. Use. Those fireworks must be used in conformance with Subsection 5.2.4, except Article 5.2.4.4. 5.2.6. Nuisances 5.2.6.1. The act of storing, transporting, handling and using fireworks contrary to the requirements of this section constitutes a nuisance to which the authority having jurisdiction may put an end by taking the proper measures, at the offender's expense, including the removal of fireworks.". 139. Article 5.5.5.5 of the Code is amended by replacing the words "in an acceptable manner" by the words "so as to avoid fire hazards". 140. Article 5.6.1.4 of the Code is amended by replacing, in Sentence (1), the word "acceptable" by the word "proper". 141. Subsection 5.6.1 of the Code is amended by adding the following after Article 5.6.1.6: "5.6.1.7. Use on a Public Thoroughfare. Containers of flammable compressed gases connected to asphalt laying machines, tar boilers or any other device on a public thoroughfare must, if left without supervision, be protected against all handling or be removed and stored in conformance with this section.". 142. Article 5.6.2.1 of the Code is replaced by the following: "5.6.2.1. Outdoor Storage 94-057 / 21