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ONTARIO REGULATION 475/00

made under the

fire protection and prevention act, 1997

Made: August 18, 2000
Filed: August 21, 2000

Amending O. Reg. 388/97

(Fire Code)

1. (1) Table 1.1.7.A. of �������� Regulation 388/97 is amended by striking out “NFPA 16–1995, NFPA 86–1995 and CAN/ULC–S643–M90” and substituting the following:

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Issuing Agency	Document Number	Title of Document	Code Reference
NFPA	16–1999	Foam–Water Sprinkler and Foam–Water Spray Systems	4.8.4.3. (4) 6.8.1.1. (1)
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NFPA	86–1995	Ovens and Furnaces	4.4.9.5. (2) 5.18.4.1.
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ULC	CAN/ULC–S643–M90	Shop Fabricated Steel Aboveground Utility Tanks for Flammable and Combustible Liquids	1.1.7.3. (2) 4.3.1.2. (1) 4.3.7.4. (2)

(2) Table 1.1.7.A. of the Regulation is amended by adding the following:

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Issuing Agency	Document Number	Title of Document	Code Reference
UL	ULI 1275–1994	Flammable Liquid Storage Cabinets	4.2.10.5.
ULC	ULC–S655–98	Aboveground Protected Tank Assemblies for Flammable and Combustible Liquids	4.3.1.2.(1) 4.3.2.1.(7)

(3) Table 1.1.7.A. of the Regulation is amended by striking out ULC/ORD–C142.16–1994.

2. Article 1.1.7.3. of the Regulation is revoked and the following substituted:

1.1.7.3.(1) A reference in this Code to a document listed in Table 1.1.7.A. includes all amendments up to and including April 30, 1997.

(2) Despite Sentence (1), CAN/ULC–S643–M90, “Shop Fabricated Steel Aboveground Utility Tanks for Flammable and Combustible Liquids”, includes all amendments up to and including June 30, 1998.

3. Article 1.3.1.1. of the Regulation is amended by adding the following abbreviations:

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UL	Underwriters Laboratories Inc.

4. Clause 4.1.1.3.(1)(b) of the Regulation is amended by striking out “4.8.4.4.”.

5. Sentences 4.1.1.4.(1) and (2) of the Regulation are revoked and the following substituted:

Compliance schedule

4.1.1.4.(1) For existing facilities, the requirements of Articles 4.1.5.7., 4.1.5.9., 4.1.6.1., 4.1.6.2., 4.1.7.1., 4.1.7.2., 4.1.7.3., 4.1.7.4., 4.1.7.5., 4.1.7.6., 4.1.7.7., 4.1.8.3., 4.1.8.4., 4.2.3.3., 4.2.3.4., 4.2.4.1., 4.2.4.2., 4.2.4.3., 4.2.4.5., 4.2.4.6., 4.2.7.1., 4.2.7.2., 4.2.7.3., 4.2.7.4., 4.2.7.5., 4.2.7.6., 4.2.7.7., 4.2.7.13., 4.2.9.1., 4.2.9.2., 4.2.9.3., 4.2.9.5., 4.2.9.6., 4.2.9.8., 4.2.10.1., 4.2.10.2., 4.2.10.3., 4.2.10.5. 4.3.16.2. and 4.6.4.5., Subsections 4.2.1., 4.2.5., 4.2.6., 4.2.8., 4.2.11., 4.3.1., 4.3.4., 4.3.5., 4.3.6., 4.3.10., 4.4.6. (except Articles 4.4.6.3. and 4.4.6.7.), 4.12.2., 4.12.3., 4.12.8. and 4.12.9., and Sections 4.5 (except Articles 4.5.10.1. and 4.5.10.2.) and 4.7 (except Articles 4.7.6.1. and 4.7.6.2.), come into force on August 21, 2000.

(2) For existing facilities, the requirements of Articles 4.3.2.4., 4.3.2.5., Subsections 4.3.3., 4.3.7., 4.3.8. (except Sentence 4.3.8.1.(2) and Article 4.3.8.2.), 4.3.9., 4.3.11., 4.3.12., 4.3.13. and 4.3.14., and Sections 4.4 (except Subsections 4.4.11. and 4.4.6. and Article 4.4.9.5.), 4.6 (except Articles 4.6.4.2., 4.6.4.5. and 4.6.5.1.), 4.8 and 4.9 (except Article 4.9.8.1.), come into force on August 21, 2002.

6. Article 4.1.5.9. of the Regulation is revoked and the following substituted:

Basement storage

4.1.5.9.(1) Except as permitted in Sentences (2), (3) and (4), Class I liquids shall not be stored, handled or used in basements or pits.

(2) Class I liquids may be stored in dwelling units as described in Article 4.2.4.5. and mercantile occupancies as described in Sentence 4.2.5.2.(3).

(3) Up to 5 L of Class I liquids may be stored in basements, provided it is stored in safety containers conforming to ULC/ORD–C30, “Safety Containers”.

(4) Class I liquids not exceeding 250 L in quantity may be stored, handled or used in existing laboratories described in Subsection 4.12.1. where

(a) continuous mechanical ventilation is provided to ensure that flammable vapour concentrations do not exceed 25 per cent of the lower explosive limit in the basement or pit,

(b) the continuous mechanical ventilation required in Clause (a) sounds an audible alarm in an attended area upon shut down of the ventilation system,

(c) the Class I liquids are located in a fire compartment separated from the rest of the building by a fire separation having a 1–hr fire-resistance rating,

(d) despite Article 4.1.5.6., the building has a fire safety plan in conformance with Section 2.8,

(e) Class IA liquids are not stored in containers greater than 4 L in capacity,

(f) except where all dispensing of Class I liquids is carried out in a power ventilated enclosure in conformance with Articles 4.12.8.3. to 4.12.8.5. and where Class IA liquids are stored in storage cabinets in conformance with Article 4.2.10.5., the room is designed to prevent critical structural and mechanical damage from internal explosion in conformance with NFPA 68, “Guide for Venting of Deflagrations”, and

(g) except where all sources of ignition within 0.9 m from the floor are eliminated, the room is provided with a flammable vapour detection system that will alarm in an attended location upon detection of vapour concentrations exceeding 10 per cent of the lower explosive limit.

(5) Despite Clause (4)(c), existing fire separations consisting of lath and plaster or gypsum board shall be deemed to be in compliance with Clause (4)(c).

7. Article 4.1.6.1. of the Regulation is revoked and the following substituted:

Spill control

4.1.6.1.(1) A spill of flammable or combustible liquids shall be prevented from reaching waterways, sewer systems and potable water sources by

(a) a barrier of noncombustible construction of sufficient capacity to contain the spill, or

(b) grading the site or sloping the floor to divert the spill to a drainage system conforming to Article 4.1.6.2.

(2) Where barriers required in Sentence (1) are provided to contain accidental spillage from aboveground storage tanks, they shall conform to the requirements for secondary containment in Subsection 4.3.7.

(3) The fire safety plan required in Article 4.1.5.6. shall include measures to be taken to direct overflow of spilled liquids and fire fighting water away from

(a) buildings,

(b) isolation valves controlling processes or fire protection systems,

(c) a means of egress,

(d) adjoining property,

(e) fire department access routes, and

(f) a water supply used for fire fighting.

8. Article 4.2.7.2. of the Regulation is amended by adding “(1)” after “4.2.7.2.”.

9. Article 4.2.7.7. of the Regulation is revoked and the following substituted:

Fire suppression systems

4.2.7.7.(1) Where protection is required by this Part, storage areas for flammable and combustible liquids shall be

(a) sprinklered in conformance with NFPA 30, “Flammable and Combustible Liquids Code”, or

(b) protected by an automatic fire suppression system in conformance with an applicable standard listed in Sentence 6.8.1.1.(1).

10. Clause 4.2.8.4.(4)(c) of the Regulation is amended by striking out “Class III” and substituting “Class IIIA”.

11. Sentences 4.2.9.6.(1) and (2) are amended by striking out “good engineering practice such as described in” after “in conformance with” in each case.

12. Article 4.2.10.5. of the Regulation is revoked and the following substituted:

Storage cabinets

4.2.10.5.(1) Storage cabinets required in this Part shall

(a) conform to ULC–C1275, “Storage Cabinets for Flammable Liquid Containers”,

(b) conform to ULI 1275, “Flammable Liquid Storage Cabinets”,

(c) be Factory Mutual Research Approved, or

(d) be listed as meeting NFPA 30.

13. Sentence 4.3.1.2.(1) of the Regulation is revoked and the following substituted:

(1) Except as required in Sentences (2), (4), (6) and (8) and permitted in Sentences (3), (5) and (7) and in Section 4.9, atmospheric storage tanks shall be built in conformance with

(a) API 12B, “Bolted Tanks for Storage of Production Liquids”,

(b) API 12D, “Field Welded Tanks for Storage of Production Liquids”,

(c) API 12F, “Shop Welded Tanks for Storage of Production Liquids”,

(d) API 650, “Welded Steel Tanks for Oil Storage”,

(e) ULC–S601, “Shop Fabricated Steel Aboveground Horizontal Tanks for Flammable and Combustible Liquids”,

(f) CAN/ULC–S602, “Aboveground Steel Tanks for Fuel Oil and Lubricating Oil”,

(g) CAN/ULC–S603, “Steel Underground Tanks for Flammable and Combustible Liquids”,

(h) CAN/ULC–S603.1, “Galvanic Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids,”

(i) CAN4–S615, “Reinforced Plastic Underground Tanks for Petroleum Products”,

(j) ULC–S630, “Shop Fabricated Steel Aboveground Vertical Tanks for Flammable and Combustible Liquids”,

(k) CAN/ULC–S643, “Shop Fabricated Steel Aboveground Utility Tanks for Flammable and Combustible Liquids”,

(l) ULC–S652, “Tank Assemblies for Collection of Used Oil”,

(m) ULC–S653, “Aboveground Steel Contained Tank Assemblies for Flammable and Combustible Liquids”,

(n) ULC/ORD–C58.10, “Jacketed Steel Underground Tanks for Flammable and Combustible Liquids”,

(o) ULC/ORD–C142.5, “Concrete Encased Steel Aboveground Tank Assemblies for Flammable and Combustible Liquids”,

(p) ULC–S655, “Aboveground Protected Tank Assemblies for Flammable and Combustible Liquids”, or

(q) ULC/ORD–C142.23, “Aboveground Waste Oil Tanks”.

14. Article 4.3.1.2. is amended by adding the following Sentences:

(5) Existing aboveground atmospheric storage tanks in service that do not comply with Sentence (1) are permitted to remain in service provided that the tank

(a) is not leaking,

(b) has no dents in the tank greater than 30 degrees or 35 mm in depth from the normal configuration,

(c) has no pitting in excess of 3 mm, and

(d) has metal thickness of at least 50 per cent of the minimum permissible thickness specified in an applicable standard referenced in Sentence (1).

(6) Existing aboveground atmospheric storage tanks that do not comply with Sentence (1), (3), (5) or (9) shall be refurbished in conformance with Sentence 4.10.4.2.(3) or be replaced.

(7) Existing underground storage tanks in service that do not comply with Sentence (1) are permitted to remain in service provided that the tanks are not leaking and steel storage tanks and associated piping are protected from external corrosion in conformance with Subsection 4.3.9.

(8) Existing underground storage tanks that do not comply with Sentence (1), (3) or (7) shall be refurbished in conformance with Sentence 4.10.4.2.(3) or be replaced.

(9) Existing aboveground atmospheric storage tanks that comply to ULC/ORD–C142.16–1994, “Protected Aboveground Tank Assemblies for Flammable and Combustible Liquids” shall be deemed to comply with Clause (1)(p).

15. Clause 4.3.2.1.(7)(a) of the Regulation is amended by striking out “ULC/ORD–C142.16, “Protected Aboveground Tank Assemblies for Flammable and Combustible Liquids”” and substituting “ULC–S655, “Aboveground Protected Tank Assemblies for Flammable and Combustible Liquids””.

16. Subclause 4.3.7.4.(2)(a)(ii) of the Regulation is amended by striking out “4.3.1.2.(1)(e) or (j)” and substituting “4.3.1.2.(1)(e), (j) or (k)”.

17. Clause 4.3.9.1.(2)(b) of the Regulation is amended by striking out “Catholic” and substituting “Cathodic”.

18. Article 4.3.13.3. of the Regulation is amended by striking out “good engineering practice such as described in” after “in conformance with”.

19. Sentence 4.3.13.4.(1) of the Regulation is revoked and the following substituted:

(1)�� In buildings not required to be equipped with a standpipe system by the Building Code, hose stations conforming to Articles 3.2.9.2. to 3.2.9.7. of �������� Regulation 403/97 (1997 �������� Building Code) shall be provided in the vicinity of the storage room, such that all parts of the room are within reach of a hose stream.

20. Article 4.4.5.5. of the Regulation is amended by striking out “of 650°C and above without damage” and substituting “of at least 650°C without damage that would impair its function”.

21. (1) Sentence 4.4.8.1.(1) of the Regulation is amended by striking out “Sentences (2) and (3)” and substituting “Sentences (2), (3) and (4)”.

(2) Article 4.4.8.1 of the Regulation is amended by adding the following Sentence:

(4) Existing valves shall be deemed to comply with Sentences (1), (2) and (3), provided they are

(a) not leaking, and

(b) constructed of material that is in conformance with Article 4.4.2.1.

22. Article 4.4.9.5. of the Regulation is revoked and the following substituted:

4.4.9.5.(1) Except as permitted in Sentence (2), the use of open flames as a heat source shall not be permitted for heating piping for flammable or combustible liquids.

(2) Use of open flames shall be permitted for heating piping for flammable or combustible liquids, when such operations are carried out in furnaces or ovens conforming to NFPA 86, “Ovens and Furnaces”.

23. Sentence 4.4.10.6.(3) of the Regulation is amended by striking out “Sentence (1)” and substituting “Sentence (2)”.

24. Article 4.5.8.7. of the Regulation is revoked and the following substituted:

Sources of ignition

4.5.8.7. Smoking or any other source of ignition shall not be permitted within 3 m of a dispenser at a fuel dispensing station.

25. Sentence 4.6.4.5.(1) of the Regulation is amended by inserting “shall be” after “tank cars”.

26. Clause 4.7.11.4.(1)(b) of the Regulation is revoked and the following substituted:

(b) unless the cargo hose is equipped with a device that prevents liquid from draining from the hose, it shall be drained into appropriate containers that shall be emptied in such a fashion as to not create a fire or explosion hazard.

27. Article 4.8.3.1. is amended by striking out “good engineering practice such as described in” after “in conformance with”.

28. Article 4.8.3.3. of the Regulation is revoked and the following substituted:

4.8.3.3.(1) Except as permitted in Article 4.1.5.9., Class I liquids shall not be handled or used in basements.

(2) Where Class I liquids are handled or used above grade within existing buildings that have basements or covered pits into which flammable vapours can travel and accumulate, such below grade areas shall be provided with mechanical ventilation designed to prevent the accumulation of flammable vapours.

(3) The mechanical ventilation required in Sentence (2) shall be capable of exhausting at least 18 m³/hr per square metre of the room area.

29. Sentences 4.9.3.2.(2) and (3) of the Regulation are amended by striking out “Section 6.8” and substituting in each case “an applicable standard listed in Sentence 6.8.1.1.(1)”.

30. Clause 4.12.8.4.(2)(b) of the Regulation is amended by striking out “Section 6.8” and substituting “an applicable standard listed in Sentence 6.8.1.1.(1)”.

31. Sentence 4.12.8.5.(3) of the Regulation is amended by striking out “Section 6.8” and substituting “an applicable standard listed in Sentence 6.8.1.1.(1)”.

32. Clause 6.8.1.1.(1)(g) of the Regulation is amended by striking out “Deluge” before “Foam–Water Sprinkler”.

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David H. Tsubouchi

Solicitor General

Dated on August 18, 2000.

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