CERTIFICATION OF PETROLEUM MECHANICS

CONTENTS 1. Interpretation 2. Subject matter 3. General requirement to comply Certificates 4. Requirement for certificate 5. Renewal 6. Qualifications for certificate 7. No transfer 8. Expiry 9. Notice of change of address Scope of Certificates 10. PM.1 certificate 11. PM.2 certificates 12. PM.3 certificate 13. PM.4 certificate 14. PMH certificate 15. SO certificate Interpretation 1. (1) In this Regulation, “direct supervision” means that a supervising certificate holder is on site and available to assist and supervise; “mechanic” a person who installs, inspects, services, maintains and repairs petroleum equipment. O. Reg. 216/01, s. 1 (1); O. Reg. 251/08, s. 2 (1, 2). (2) A reference in this Regulation to a director is a reference to the director to whom the subject matter of this Regulation is assigned. O. Reg. 216/01, s. 1 (2). (3) A reference in this Regulation to “director’s order” is a reference to a safety order under section 14 of the Act, a public safety order under section 31 of the Act or an authorization under clause 36 (3) (a) of the Act. O. Reg. 251/08, s. 2 (3). Subject matter 2. This Regulation governs the certificates required to perform work under, (a) Ontario Regulation 217/01 (Liquid Fuels); (b) Ontario Regulation 213/01 (Fuel Oil). O. Reg. 216/01, s. 2. General requirement to comply 3. (1) Every person engaged in an activity, use of equipment, process or procedure to which the Act, this Regulation and any applicable director’s order apply shall comply with the Act and this Regulation. O. Reg. 216/01, s. 3 (1); O. Reg. 251/08, s. 3. (2) For the purposes of subsection (1), the reference to an activity, use of equipment, process or procedure includes, but is not limited to, design, construction, erection, installation, maintenance, alteration, service, use or disposal. O. Reg. 216/01, s. 3 (2). Certificates Requirement for certificate 4. (1) No person shall perform the functions of a mechanic without first having obtained a certificate from the director designating the person as one or more of the following: 1. A petroleum mechanic 1 — service and maintenance (a “PM.1 certificate”). 2. A petroleum mechanic 2 — underground installation (a “PM.2 certificate”). 3. A petroleum mechanic 3 — aboveground installation (a “PM.3 certificate”). 4. A petroleum mechanic 4 — small aboveground tank installer (a “PM.4 certificate”). 5. A petroleum mechanic — contractor helper (a “PMH certificate”). O. Reg. 216/01, s. 4 (1); O. Reg. 251/08, s. 4 (1). (2) No person shall perform minor site maintenance at a facility unless he or she has first obtained a certificate as a site operator (an “SO certificate”). O. Reg. 216/01, s. 4 (2). (3) A person shall apply in the form published by the designated administrative authority to the director to obtain a certificate referred to in subsection (1) or (2) or to add one or more classes of certificate to the person’s initial certificate. O. Reg. 216/01, s. 4 (3); O. Reg. 251/08, s. 4 (2). (4) An application for a certificate or an additional class of certificate shall be accompanied by the fee set by the designated administrative authority. O. Reg. 216/01, s. 4 (4). (5) An application shall include documents that attest to the fact that the applicant has the necessary practical skills and experience, as determined by the director, for the certificate being sought. O. Reg. 216/01, s. 4 (5). (6) No person shall be issued a certificate referred to in paragraph 1, 2, 3 or 4 of subsection (1) unless the person is the holder of a PMH certificate referred to in paragraph 5 of that subsection. O. Reg. 251/08, s. 4 (3). Renewal 5. (1) An application to renew a certificate shall be made to the director and shall be accompanied by the fee set by the designated administrative authority. O. Reg. 216/01, s. 5 (1). (2) An application for renewal may be made before the applicant’s certificate expires. O. Reg. 216/01, s. 5 (2). (3) If a mechanic fails to renew his or her certificate before it expires, the mechanic shall not work as a mechanic after the date of expiry of the certificate but may apply to the director for a renewal. O. Reg. 216/01, s. 5 (3). (4) If a mechanic applies for a renewal of a certificate under subsection (3), the director may renew it if, (a) the application is made within 12 months of the expiry date shown on the certificate; and (b) the applicant pays the fee referred to in subsection (1). O. Reg. 216/01, s. 5 (4). (5) If a mechanic applies for a renewal of a certificate under subsection (3) more than 12 months after the expiry date shown on the expired certificate, the application shall be treated as a new application for a certificate under section 4, and the applicant shall, (a) take a written examination and a skills evaluation conducted or approved by the director with respect to the subject matter of the class of certificate applied for; and (b) include in the application a completed declaration of work experience in a format acceptable to the director. O. Reg. 216/01, s. 5 (5). Qualifications for certificate 6. (1) An applicant for a certificate shall have successfully completed a program approved by the director that is delivered by a training organization approved by the director for each class of certificate sought by the applicant. O. Reg. 216/01, s. 6 (1). (2) An applicant shall have successfully completed an examination or a series of examinations, conducted or approved by the director, demonstrating that the applicant possesses the necessary knowledge and competence for each class of certificate sought by the applicant. O. Reg. 216/01, s. 6 (2). (3) If the applicant fails the examination or series of examinations on three successive attempts, the applicant shall successfully complete the program described in subsection (1) after making the unsuccessful attempts and before taking the examination or series of examinations again, and subsection (5) does not apply. O. Reg. 216/01, s. 6 (3). (4) If the applicant fails the examination or series of examinations for a class of certificate, he or she is not entitled to take the examination or series of examinations for the class of certificate until, (a) he or she makes a new application for the class of certificate; and (b) 30 days have passed since the applicant took the examination or series of examinations. O. Reg. 216/01, s. 6 (4). (5) An applicant is not required to comply with subsection (1) if the director is satisfied that the applicant possesses the necessary knowledge and competence with respect to each class of certificate sought by the applicant. O. Reg. 216/01, s. 6 (5). No transfer 7. A certificate is not transferable. O. Reg. 216/01, s. 7. Expiry 8. (1) A certificate expires on the second anniversary of the holder’s date of birth after it is issued. O. Reg. 216/01, s. 8 (1). (2) The expiry date of a certificate to which a class of certificate has been added does not change. O. Reg. 251/08, s. 5. (3) A certificate that is renewed expires two years after the date on which the previous certificate expires. O. Reg. 216/01, s. 8 (3). Notice of change of address 9. A person who holds a certificate shall notify the director within 30 days after any change in his or her address and, if the person fails to do so, the director is not responsible for the misdirection of any written notices or other communications that result from such a failure. O. Reg. 216/01, s. 9. Scope of Certificates PM.1 certificate 10. (1) A person who holds a PM.1 certificate may, without supervision, service and maintain petroleum equipment and systems, and accessories essential to their operation and, in so doing, may, (a) install and remove suction pumps, submersible pumps and related systems in accordance with manufacturer specifications and the code adoption documents referred to in Ontario Regulation 217/01 (Liquid Fuels) made under the Act and Ontario Regulation 213/01 (Fuel Oil) made under the Act; (b) repair and maintain suction pumps and related systems, including troubleshooting, testing, repairing and replacing mechanical, hydraulic, electrical and electronic components; and (c) repair and maintain submersible pumps, dispensers and related systems, including troubleshooting, testing, repairing and replacing mechanical, hydraulic, electrical and electronic devices. O. Reg. 216/01, s. 10 (1); O. Reg. 251/08, s. 6 (1, 2). (2) Revoked: O. Reg. 251/08, s. 6 (3). (3) The holder of a PM.1 certificate may, without supervision, service and maintain any type of petroleum equipment that falls within the scope of the certificate so long as the holder has the required experience and time on that type of equipment and that experience and time are documented in a form acceptable to the director. O. Reg. 216/01, s. 10 (3); O. Reg. 251/08, s. 6 (4). (4) The holder of a PM.1 certificate who fails to meet the conditions for unsupervised work set out in subsection (3) may only service and maintain the relevant type of equipment under the direct supervision of a PM.1 certificate holder who meets those conditions. O. Reg. 251/08, s. 6 (5). PM.2 certificates 11. (1) A person who holds a PM.2 certificate may, without supervision, install, remove, alter, repair, test, service and maintain any type of underground installation and the equipment and accessories essential to its operation and, in so doing, may, (a) install underground tanks, including the preparation and restoration of the site, the installation of temporary vents and fill pipes and pressure testing; (b) remove underground tanks, including the preparation and restoration of the site, draining and disconnecting the tank system and purging tanks; (c) install petroleum transfer systems, including the preparation of lines and equipment, component assembly, spill containment and vapour recovery; (d) repair and maintain systems for detecting leaks and monitoring tanks; and (e) install and remove submersible pumps, dispensers and related systems. O. Reg. 216/01, s. 11 (1). (2) The holder of a PM.2 certificate may, without supervision, install underground tanks, including the preparation and restoration of sites, component assembly, spill containment, electrical hook-up and pressure testing. O. Reg. 216/01, s. 11 (2); O. Reg. 251/08, s. 7 (1). (3) The holder of a PM.2 certificate may assist holders of PM.1 and PM.3 certificates to perform the functions that they may perform if directly supervised by them. O. Reg. 216/01, s. 11 (3). (4) The holder of a PM.2 certificate may, without supervision, work on any type of underground equipment that falls within the scope of the certificate so long as the holder has the required experience and time on that type of equipment and that experience and time are documented in a form acceptable to the director. O. Reg. 216/01, s. 11 (4); O. Reg. 251/08, s. 7 (2). (5) The holder of a PM.2 certificate who fails to meet the conditions for unsupervised work set out in subsection (4) may only service and maintain the equipment under the direct supervision of a PM.2 certificate holder who meets those conditions. O. Reg. 251/08, s. 7 (3). PM.3 certificate 12. (1) A person who holds a PM.3 certificate may, without supervision, install, remove, alter, repair, test, service and maintain any type of aboveground installation and the equipment and accessories essential to its operation and, in so doing, may, (a) install aboveground tanks and engage in component assembly, spill containment, electrical hook-up and pressure testing; (b) remove aboveground tanks and engage in draining and disconnecting the tank system and in purging tanks; (c) install aboveground petroleum transfer systems, piping or tubing and equipment related to them, and engage in component assembly, spill containment and vapour recovery; (d) repair and maintain systems for detecting leaks and monitoring tanks; and (e) install, remove, repair and maintain bulk handling equipment, including troubleshooting and testing mechanical, hydraulic, electrical and electronic components. O. Reg. 216/01, s. 12 (1); O. Reg. 251/08, s. 8 (1). (2) Revoked: O. Reg. 251/08, s. 8 (2). (3) The holder of a PM.3 certificate may, without supervision, work on any type of aboveground equipment that falls within the scope of the PM.3 certificate so long as the holder has the required experience and time on that type of equipment and that experience and time are documented in a form acceptable to the director. O. Reg. 216/01, s. 12 (3); O. Reg. 251/08, s. 8 (3). (4) The holder of a PM.3 certificate who fails to meet the conditions for unsupervised work set out in subsection (3) may only service and maintain the equipment under the direct supervision of a PM.3 certificate holder who meets those conditions. O. Reg. 251/08, s. 8 (4). PM.4 certificate 13. (1) A person who holds a PM.4 certificate may, without supervision, install, remove, alter, repair, test, service and maintain any type of small aboveground tank with a capacity of 5,000 litres or less and the equipment and accessories essential to its operation and, in so doing, may, (a) transport and install such aboveground tanks, including preparation and restoration of the site, component assembly, spill containment, electrical hook-up and pressure testing; (b) remove such aboveground tanks, including removing them from the site by transport, and engaging in draining and disconnecting the tank system and purging tanks; and (c) repair and maintain systems for detecting leaks and monitoring tanks. O. Reg. 216/01, s. 13 (1); O. Reg. 251/08, s. 9 (1, 2). (2) The holder of a PM.4 certificate shall not install, (a) an aboveground tank having a capacity of 5,000 litres or less, except in a location in which it is to remain on a permanent basis; or (b) piping or tubing to an aboveground tank having a capacity of 5,000 litres or less, except with respect to a direct vent, a direct fill pipe or a direct tank-mounted pipe. O. Reg. 251/08, s. 9 (3). (3), (4) Revoked: O. Reg. 251/08, s. 9 (3). PMH certificate 14. (1) A person who holds a PMH certificate may, without supervision, replace nozzles, spouts, hoses, breakaways, filters and belts on pumps and dispensers related to petroleum equipment. O. Reg. 251/08, s. 10. (2) The holder of a PMH certificate may assist the holder of a PM.1, PM.2, PM.3 or PM.4 certificate to perform any of the functions he or she may perform if directly supervised by the holder of that certificate. O. Reg. 216/01, s. 14 (2). SO certificate 15. (1) A person who holds an SO certificate may, without supervision, (a) manage a fuel facility, including record keeping, reconciliation and inventory control; (b) maintain pumps, including replacing nozzles, spouts, hoses, breakaways, filters and belts; and (c) assess, contain and clean up spills and leaks. O. Reg. 216/01, s. 15 (1). (2) The holder of an SO certificate shall not work for a contractor as a mechanic unless he or she holds the appropriate certificate for the work. O. Reg. 216/01, s. 15 (2). 16. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 216/01, s. 16.