Communiqué 2010-15

December 7, 2010

PROPANE REGULATION
(Regulatory amendments to Regulation 211/01 of the Technical Standards and Safety Act, 2000 stated in O. Reg. 464/10, filed December 3, 2010)

This communiqué updates and supplements the information in Fire Marshal’s Communiqué 2010-05, 2010-08 and 2010-09, issued on June 23, 2010, September 17, 2010 and October 6, 2010, respectively, which dealt with propane legislation and new requirements.

Please find attached O. Reg. 464/10 and a memorandum from the Ministry of Consumer Services about regulatory changes to the licensing process for propane transfer facilities.

A Level 1 risk and safety management plan (RSMP) must be completed by propane facilities with a total propane storage capacity of 5,000 U.S. water gallons (USWG) or less, and facilities with fixed propane storage of exactly 5,000 USWG and no more than 500 USWG in additional portable propane storage. These small facilities will complete a template RSMP and will liaise with their local fire department in order to have the fire department review and provide comments on the emergency response and preparedness plan. The fire service approval requirement has been removed for these facilities.

A Level 2 RSMP continues to be required for all other propane transfer facilities. The Level 2 RSMP must be completed by a professional engineer, include a hazard and risk analysis, cover mitigation measures when necessary, and include fire service approval of fire safety, fire protection and emergency preparedness elements of the RSMP. The fire service guidelines developed for RSMPs apply to the Level 2 RSMPs and have not been changed.

In addition, the amendments provide an additional 120 days beyond the licence renewal date in 2011 for all sizes of facilities to file their RSMPs. When mitigation measures are required, the facility will need to commit to a schedule and complete the measures before the facility’s next licence renewal date in 2012.

The incorporation document referenced in Subsection 3.1 (0.2) of the regulation sets out the minimum regulatory requirements for a Level 1 RSMP to be completed by a facility licensee. The incorporation document is available at www.tssa.org/corplibrary/ArticleFile.asp?Instance=136&ID=B263E3C5FEFE11DFB7F95D889551D742. The TSSA, in consultation with its Propane Risk Reduction Group, will develop an advisory and template for the Level 1 RSMP. The advisory and template will be distributed to all licence holders and posted to the TSSA’s Web site in December 2010.

The OFM continues to work with the fire service, the TSSA and the Ministry of Consumer Services to address fire service needs and support fire departments in fulfilling their responsibilities with respect to propane regulatory requirements.

Numerous information sessions related to the propane regulations and fire service RSMP approval guidance documents have been held at Ontario Association of Fire Chiefs’ (OAFC) zone meetings. The continued support and input of the OAFC and other fire service representatives have been invaluable and are essential for the successful implementation of the regulatory requirements.

General enquiries from the fire service regarding the propane regulation may be directed to:

Attachments

Ontario Regulation 464/10
Memorandum from the Ministry of Consumer Services