the steam boilers act

22
The Steam Boilers Act being Chapter 221 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. FOR HISTORICAL REFERENCE ONLY

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Page 1: The Steam Boilers Act

The Steam Boilers

Act

being

Chapter 221 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931).

NOTE:This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

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Page 2: The Steam Boilers Act

Table of ContentsSHORT TITLE

1 Short title

INTERPRETATION2 Interpretation

PART I

Registration and License

3 Registration of boilers4 Dealer’s license5 Nonresident privileges6 License not transferable7 Suspension or cancellation of license8 Effect of license

PART II

Inspection

INSPECTORS9 Appointment10 Qualifications11 Oath of office

DUTIES OF INSPECTORS12 Duties13 Rating working pressure14 Record of inspections kept15 Annual report

POWERS OF INSPECTORS16 Entry upon premises17 Evidence18 Examination of boilers in course of construction or

repair19 Power to cut holes20 Power to require steaming up21 Precautions re entering boilers22 Boilers not operated since previous inspection

DUTIES OF OWNER23 Inspector to have free access for inspection24 Defects in boiler to be made known

INSPECTION CERTIFICATE AND FEES25 Certificate and inspection fee26 Scope of inspection certificate27 Certificate to be posted or produced28 Certificate to accompany exchange of boiler

PART III

Operation of Boilers

PROHIBITIONS AND REQUIREMENTS29 Unsafe boilers not used30 Regulation of pressure on connected boilers31 Operating without inspection certificate32 Reduction in working pressure33 Fusible plug34 Lock pop safety valve

REPORT OF ACCIDENTS35 Owner to report acidents

ENGINEERS’ AND FIREMEN’S CERTIFICATES36 Examinations37 Classes38 Final certificates39 Qualifications for first class examination40 Qualilications for second class examination41 Qualifications for third class examination42 Qualification for traction engineer’s examination43 Foreign certificate44 Qualifications for provisional

Firemen's Certificate

45 General certificate46 Special certificate

General

47 Qualification of other persons48 Permits in urgent cases49 Certificate to be posted up50 Operation of boilers without certificates51 Employment of unlicensed operators

PART IV

Operations of Threshing Engines

52 Management and operation

PART V

Miscellaneous Provisions

53 Power to minister o cancel certificate54 Regulations55 Forms56 Interprovincial certificates57 Special rules and regulations58 Disposal of fees59 Obstructing inspectors60 Penalties

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STEAM BOILERS c. 221

CHAPTER 221

An Act respecting Steam Boilers

SHORT TITLE

Short title

1 This Act may be cited as The Steam Boilers Act.R.S.S. 1920, c.177, s.1; R.S.S. 1930, c.221, s.1.

INTERPRETATION

Interpretation

2(1) In this Act, unless the context otherwise requires, the expression:

“Boiler”

1. “Boiler” includes:

(a) steam heating boilers of over twenty horse power in public buildings, office blocks, stores, hotels, apart ment blocks where there are more than two families living, and other buildings used for public purposes or in which the public from time to time congregate; and

(b) subject to the exceptions contained in clauses (c) to (g) inclusive, all other steam boilers or batteries of boilers and every part thereof or apparatus or thing attached to or used in connection therewith;

but does not include:

(c) steam boilers on motor vehicles within the meaning of The Vehicles Act;

(d) boilers of less capacity than two horse power;

(e) boilers used for heating water for domestic purposes or generating steam solely for heating private dwelling houses, which carry less than fifteen pounds pressure;

(f) railway locomotives belonging to and operated by a railway company incorporated under a Dominion charter;

(g) steamboat boilers;

“Certificate”

2. “Certificate” means the interim provisional or final certificate of qualification issued to an engineer under the provisions of this Act

“Dealer”

3. “Dealer” includes every person engaged in the business of buying, selling or exchanging steam boilers;

“Department”

4. “Department” means the Department of Railways, Labour and Industries;

“Engineer”

5. “Engineer” means a person having charge of or operating a steam boiler, or a steam boiler and the steam engine connected therewith, under the provisions of this Act;

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STEAM BOILERSc. 221

“Inspection certificate”

6. “Inspection certificate” means the annual certificate of the inspection of a boiler issued by an inspector;

“Inspector”

7. “Inspector” means the Provincial Chief Inspector of Steam Boilers or an inspector of steam boilers appointed under the provisions on this Act;

“Minister”

8. “Minister” means the Minister of Railways, Labour and Industries;

“Owner”

9. “Owner” means any person, firm or corporation the owner or lessee of a boiler and includes the manager or other head officer in charge of the business of any such firm or corpor ation;

“Portable”

10. “Portable,” as applied to a boiler, means mounted on wheels or on a truck or carriage so as to enable it to be readily moved from place to place;

“Semi-portable”

11. “Semi-portable,” as applied to a boiler, means mounted on skids or otherwise so as to enable it to be moved from place to place, and includes semi-fixed boilers and boilers used for temporary purposes which are not set in brickwork or other permanent setting;

“Traction”

12. “Traction,” as applied to a boiler, means mounted on wheels so that it can be moved from place to place by means of its own power.

(2) Notwithstanding anything contained in paragraph 1 of the preceding subsection the Provincial Chief Inspector of Steam Boilers may, from time to time, give written notice to the owner or user of any steam boiler on a motor vehicle within the meaning of The Vehicles Act or of any boiler of less capacity than two horse power, that such of the provisions of this Act as are specified in the notice shall thereafter apply to such boiler, and thereupon such provisions shall so apply until withdrawn by subsequent notice in writing.

R.S.S. 1920, c.177, s.2; 1921-22, c.69, s.1; 1927, c.56, s.2; 1928, c.72, s.1; R.S.S. 1930, c.221, s.2.

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PART I

Registration and License

Registration of boilers

3(1) Every owner of a portable, traction or semi-portable boiler shall pay to the department a registration fee of $5, and thereafter an annual fee of $5, and the department shall issue for each boiler so registered:

(a) a numbered license showing that such boiler is registered in accordance with this Act; and

(b) a numbered license plate bearing the license number of the boiler, the year during which the license is in force and the letters “SASK.;”

and shall cause the name and address of the owner, the number of the license and a description of the boiler to be kept on record.

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STEAM BOILERS c. 221

(2) No portable traction or semi-portable boiler which is not so registered, or which does not display thereon the numbered license plate provided by the department, shall be used or operated, except as hereinafter provided.

(3) The purchaser of a second-hand boiler for which the owner has paid the license fee for the current year may operate it for not more than six days from the date of transfer of owner ship, before re-registering the boiler with the department.

(4) Every license shall expire on the thirty-first day of December in each year.

(5) The departmental receipt for the annual fee shall be accepted by all constables, magistrates and others as an interim license for a period of ten days from the date thereof, pending the issue of the numbered license plate.

(6) The numbered license plate shall be kept free from dirt and obstruction of any kind, and, shall be so affixed as to be at all times plainly visible.

(7) In case of the loss of a number plate, the owner shall forthwith apply to the department for re-registration of his boiler and shall thereupon receive a new number plate for the sum of $1.

(8) Any person neglecting or violating any of the provisions of this section shall be guilty of an offence and liable on summary conviction to a fine of not less than $10 and not more than $50.

R.S.S. 1920, c.177, s.3; R.S.S. 1930, c.221, s.3.

Dealer’s license

4(1) A dealer may, instead of registering each portable, traction or semi-portable boiler owned or controlled by him, make application for a general distinguishing number or mark, and the department may issue a certificate of registration containing the name, place of business and address of the applicant and the general distinguishing number or mark allotted to him, and any such boiler owned or controlled by a dealer shall, until delivered to a purchaser, be regarded as sufficiently registered under such number or mark.

(2) Nothing in this section shall be construed to apply to a portable, traction or semi-portable boiler used or operated by a dealer or his employees otherwise than for the purpose of his business.

(3) The annual license fee for a dealer shall be $15, which shall entitle him to receive four distinguishing number plates, and for every additional four number plates a further fee of $15 shall be paid.

R.S.S. 1920, c.177, s.4; R.S.S. 1930, c.221, s.4.

Nonresident privileges

5(1) A nonresident of this province who brings into the province a portable, traction or semi-portable boiler shall, before operating it, make application to the department for registration and pay the prescribed registration fee of $5.

(2) Where such nonresident has complied with the laws rela tive to the said boiler, of the province, state or country whence the boiler has been brought in, and holds a certificate from the boiler inspection department of the said province, state or country or other competent authority that the boiler may be safely operated, he may operate the same within this province, at a working pressure not exceeding the working pressure authorised by the certificate, for a period not exceeding four days from the date of its so being brought in.

R.S.S. 1920, c.177, s.5; R.S.S. 1930, c.221, s.5.

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STEAM BOILERSc. 221

License not transferable

6 A steam boiler license shall not be transferable.R.S.S. 1920, c.177, s.6; R.S.S. 1930, c.221, s.6.

Suspension or cancellation of license

7 The minister may at any time upon due cause being shown cancel or suspend any license issued under this Act.

R.S.S. 1920, c.177, s.7; R.S.S. 1930, c.221, s.7.

Effect of license

8 The issue of a license under this Part shall not be taken as evidence that the steam boiler is in condition to be safely operated, and shall not exonerate any owner from responsibility in connection with its operation.

R.S.S. 1920, c.177, s.8; R.S.S. 1930, c.221, s.8.

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PART II

Inspection

INSPECTORS

Appointment

9 There may be appointed an officer, to be styled Chief Inspector of Steam Boilers for Saskatchewan, and such other inspectors of steam boilers as may be necessary from time to time for the purposes of this Act, who shall receive such remun eration as the Lieutenant Govemor in Council may approve.

R.S.S. 1920, c.177, s.9; R.S.S. 1930, c.221, s.9.

Qualifications

10 No person shall hold the office of chief inspector or of an inspector unless he:

(a) is a British subject;

(b) has had at least four years’ experience as a practical machinist or boilermaker;

(c) is the holder of a Saskatchewan first class engineer’s certificate; and

(d) has passed a satisfactory examination before a board of examiners composed of inspectors or such other persons as the minister may direct;

nor shall any person holding such office be either directly or indirectly interested in the sale of boilers or steam machinery.

R.S.S. 1920, c.177, s.10; R.S.S. 1930, c.221, s.10.

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STEAM BOILERS c. 221

Oath of office

11 The chief and every other inspector shall before entering upon the performance of the duties of his office take and sub scribe an oath that he will faithfully and impartially perform them.

R.S.S. 1920, c.177, s.11; R.S.S. 1930, c.221, s.11.

DUTIES OF INSPECTORS

Duties

12(1) It shall be the duty of every inspector to inspect, at any time when in his opinion such examination is necessary, all boilers within his district, and also all boilers reported to him as unsafe, or which he may have reason to believe, have become unsafe from any cause, and to notify the owner of such boiler of any defect discovered and what repairs are necessary.

(2) An inspector when making an inspection shall:

(a) satisfy himself by a thorough examination that the rules and regulations for construction, maintenance and operation of steam boilers as prescribed by the minister are properly carried out, and that the boiler and its connections may be safely used without peril to life;

(b) see that all flywheels, pulleys and belting in the engine and boiler rooms are properly protected and operated at safe speeds.

(3) If a defect is discovered in a boiler which is under steam pressure and if in the opinion of the inspector such defect may cause immediate danger, he shall order the engineer or person in charge of the boiler to draw the fire and blow off the steam, and the engineer or other person in charge shall obey such instructions without reference to anyone else.

(4) An inspector shall, upon completion of a first inspection, stamp upon every boiler a number.

(5) If an owner desires a special inspection or any other special service from an inspector, he shall be entitled to the same upon application, but he shall be liable to the minister for all expenses connected with the making of such inspection or the performance of such other services.

(6) In the case of boilers not exceeding twenty horse power used for heating purposes in hotels, stores, office buildings, theatres, churches, apartment buildings or other buildings used for public purposes, or in which the public from time to time congregate, the inspector shall without fee lock and seal the pop and safety valve on the boiler so as to permit of no greater steam pressure in the boiler than fifteen pounds to the square inch unless the owner desires to use a greater pressure, in which case all the provisions of this Act in respect to the operation of steam boilers shall apply.

R.S.S. 1920, c.177, s.12; R.S.S. 1930, c.221, s.12.

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Rating working pressure

13(1) Inspectors shall rate the working pressure of working pressure all boilers in accordance with the formulæ set forth in the regulations of the department, taking into account the work manship of the boiler, the material of which it is constructed and its condition at the time of inspection.

(2) The hydrostatic test pressure to which a boiler may be subjected at the time of the inspection shall be in the ratio of one hundred and fifty pounds hydrostatic test pressure to one hundred pounds working pressure as determined by this section.

R.S.S. 1920, c.177, s.13; R.S.S. 1930, c.221, s.13.

Record of inspections kept

14 Every inspector shall keep a true record of all boilers inspected and all repairs ordered by him, of all boilers con demned by him as unsafe, of all accidents to boilers in his district whether by explosion or otherwise, and of all casualties in connection with boilers in his district.

R.S.S. 1920, c.177, s.14; R.S.S. 1930, c.221, s.14.

Annual report

15 Every inspector shall, annually on or before the last day of April in each year furnish a concise report to the minister of all inspections made by him during the preceding year and of all accidents and casualties connected with the operation of steam boilers within his district.

R.S.S. 1920, c.177, s.15; R.S.S. 1930, c.221, s.15.

POWERS OF INSPECTORS

Entry upon premises

16 For the purposes of this Act an inspector may at any reasonable hour enter upon lands or into any building where a steam boiler is operated.

R.S.S. 1920, c.177, s.16; R.S.S. 1930, c.221, s.16.

Evidence

17(1) An inspector may by notice in writing signed by him require the attendance of any person before him, at a time and place to be named in such notice, and may examine such person on oath regarding any matter connected with the inspection or operation of any boiler or any accident thereto.

(2) Any person wilfully neglecting or refusing to comply with the notice of an inspector or to be examined as afore said shall be guilty of an offence and liable on summary con-viction thereof to a fine of $25 and on nonpayment of such fine forthwith after conviction to imprisonment for one month.

R.S.S. 1920, c.177, s.17; R.S.S. 1930, c.221, s.17.

Examination of boilers in course of construction or repair

18 Inspectors shall have the right at all reasonable hours to examine boilers in course of construction or undergoing repair, and to refuse to grant a certificate of inspection for any boiler found to be improperly constructed or repaired or of which permission to make such inspection has been refused.

R.S.S. 1920, c.177, s.18; R.S.S. 1930, c.221, s.18.

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STEAM BOILERS c. 221

Power to cut holes

19 In order to satisfy himself as to the thickness of the plate or the internal or extemal condition of any boiler the inspector may cut holes in the same or remove the covering or any part of the covering, or may order holes to be cut or the whole or any part of the covering to be removed, and in the latter case the owner shall forthwith see that such orders are complied with.

R.S.S. 1920, c.177, s.19; R.S.S. 1930, c.221, s.19.

Power to require steaming up

20 The inspector may require any boiler under inspection to be steamed up and the engine put in motion to test the governor or the safety valve or any other part of the boiler or engine.

R.S.S. 1920, c.177, s.20; R.S.S. 1930, c.221, s.20.

Precautions re entering boilers

21 When an inspector has to enter a steam boiler which it is possible to connect with another boiler containing steam, he may before doing so request the owner or his agent to place a man at his disposal to prevent the danger of steam being turned into the boiler which he enters, during the time he is inside it, and if this request is not granted he may refuse to enter the boiler or go on with the inspection or he may insist upon blank flanges being placed in the connecting pipes.

R.S.S. 1920, c.177, s.21; R.S.S. 1930, c.221, s.21.

Boilers not operated since previous inspection

22 If the owner of a boiler proves to the satisfaction of the inspector that his boiler has not been operated since the date of the previous inspection and is in as good condition as when inspected, the inspector may issue a new inspection certificate without inspecting the boiler and may remit the fee for inspection hereinafter provided for.

R.S.S. 1920, c.177, s.22; R.S.S. 1930, c.221, s.22.

DUTIES OF OWNER

Inspector to have free access for inspection

23(1) The owner or operator of a steam boiler shall allow the inspector free access to the same; and shall furnish water and fill the boiler to permit of the hydrostatic test being made, and when necessary shall remove any jacket or covering from the boiler as directed by the inspector; he shall also assist the inspector in making his inspection and shall point out any defect that he may know of or believe to exist in the boiler or the machinery connected therewith, and shall fully and truly answer any pertinent questions concerning the same.

(2) Before a stationary boiler is subjected to the hydro static test the owner or operator shall see that it is opened for inspection, the man hole and hand hole plates removed, the flues cleaned and all soot removed; and in the case of a portable boiler, that the furnace grates and straw burners are taken out and the fire box thoroughly cleaned.

(3) Should an owner refuse or neglect to have the above provisions complied with, the inspector may have the work done at the expense of the owner.

R.S.S. 1920, c.177, s.23; R.S.S. 1930, c.221, s.23.

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Defects in boiler to be made known

24 If the owner or operator of a boiler knows or believes that the boiler has any defect which might render it unsafe to operate, he shall at once notify the department.

R.S.S. 1920, c.177, s.24; R.S.S. 1930, c.221, s.24.

INSPECTION CERTIFICATE AND FEES

Certificate and inspection fee

25(1) Upon the completion of an inspection and payment of the prescribed fee, the inspector shall issue to the owner of the boiler an inspection certificate, stating the maxi mum steam pressure at which such boiler may be operated.

(2) The Lieutenant Governor in Council may from time to time prescribe the fees which shall be payable for the inspection of steam boilers.

(3) In the case of portable, traction or semi-portable boilers no fee shall be payable for an inspection provided the owner has paid the annual license fee to the department for the then current year, or in case the owner of the boiler is the holder of a dealer’s license for the current year, provided such boiler is on the owner’s premises.

(4) An owner who neglects or refuses to pay an inspection fee shall be guilty of a breach of this Act.

R.S.S. 1920, c.177, s.25; 1925-26, c.50, s.2; R.S.S. 1930, c.221, s.25.

Scope of inspection certificate

26 An inspection certificate shall be prima facie evidence of the due inspection of the boiler and of its fitness to be operated, and the possession of such certificate shall authorise the opera tion of such boiler from the date of such certificate until its inspection in the following year, or for such shorter period as the inspector may direct, subject to payment of the appropriate license fee, if any, under Part I.

R.S.S. 1920, c.177, s.26; R.S.S. 1930, c.221, s.26.

Certificate to be posted or produced

27(1) The inspection certificate shall be exposed in a conspicuous place in the boiler or engine room of every stationary boiler, and shall be produced at any time by the owner or operator of any portable boiler upon demand of the inspector.

(2) Every owner who neglects or refuses to post up or pro duce an inspection certificate shall be guilty of an offence and liable upon summary conviction to a penalty not exceeding $25.

R.S.S. 1920, c.177, s.27; R.S.S. 1930, c.221, s.27.

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STEAM BOILERS c. 221

Certificate to accompany exchange of boiler

28(1) No boiler which has been in use for two or more seasons shall be sold or exchanged for subsequent use as a boiler unless accompanied by an inspection certificate issued within one year next preceding the date of sale or exchange.

(2) Notwithstanding the prohibition contained in subsection (1) in case of a traction, portable or semi-portable boiler has not been inspected within twelve months and the owner, not being a dealer, has registered it for the current year as required by section 3, he may sell or exchange such boiler without being deemed guilty of a breach of this Act, provided he notifies the department within seven days of such sale or exchange.

(3) Nothing in subsection (1) shall affect any arrangement made between a manufacturer and a purchaser in respect of an exchange of an old boiler in part payment for a new one, or the retaking possession of a boiler under a lien.

Minister notified of sale or exchange

(4) Any person, company or agent who sells or exchanges a boiler shall within thirty days after such sale or exchange notify the minister thereof in writing by registered mail, stating the name and address of the person to whom the boiler has been sold or exchanged, and shall state the number stamped on such boiler by the inspector.

R.S.S. 1920, c.177, s.28; R.S.S. 1930, c.221, s.28.

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PART III

Operation of Boilers

PROHIBITIONS AND REQUIREMENTS

Unsafe boilers not used

29 A boiler declared unsafe by an inspector shall not be used until the repairs ordered by the inspector have been made and the certificate required hereunder duly issued; and any person operating a boiler declared unsafe by an inspector, before the repairs are completed and the certificate issued, shall be guilty of an offence and on summary conviction thereof liable to a penalty of $50.

R.S.S. 1920, c.177, s.29; R.S.S. 1930, c.221, s.29.

Regulation of pressure on connected boilers

30 When more than one boiler is connected to a main steam pipe and the maximum allowable working pressure of one or more of them is reduced, the safety valves on the other boilers so connected shall be set to correspond with the safety valve on the boiler carrying the lowest working pressure, unless otherwise specially permitted by the chief inspector.

R.S.S. 1920, c.177, s.30; R.S.S. 1930, c.221, s.30.

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Operating without inspection certificate

31 An owner who operates or causes a boiler to be operated without having in his possession an inspection certificate shall be guilty of an offence and liable on summary conviction to a penalty of not less than $25:

Provided that the owner of a portable, traction or semi-portable boiler which has not been inspected within twelve months, who has paid to the department the annual regis tration fee for the current year, may operate such boiler until an inspection is made.

R.S.S. 1920, c.177, s.31; R.S.S. 1930, c.221, s.31.

Reduction in working pressure

32(1) All boilers which do not comply in every particular with the regulations issued by the department shall be subject to such reduction in the working pressure allowed as may be desirable in the opinion of the inspector.

(2) For the purpose of this Act boilers shall be rated at one horse power for each ten square feet of heating surface.

Fees

(3) The fee for examination of specifications and blue prints required under the foregoing regulations shall be fixed by the minister from time to time.

R.S.S. 1920, c.177, s.32; 1925-26, c.50, s.3; R.S.S. 1930, c.221, s.32.

Fusible plug

33(1) Every boiler shall be provided with an approved fusible plug to be inserted at a point to be determined by the inspector unless he shall decide that in certain cases a fusible plug is not necessary.

(2) Any person who inserts a solid plug in place of the fusible plug referred toin this section or who otherwise tampers with the fusible plug in such manner asto render it inoperative, or who operates or, being the owner, allows to be operated a boiler not provided with an efficient steam gauge, shall be guilty of an offence and liable on summary conviction to a penalty of not less than $10 and not more than $50, and if the person so found guilty is an engineer his certificate may be suspended or cancelled at the discretion of the minister.

R.S.S. 1920, c.177, s.33; R.S.S. 1930, c.221, s.33.

Lock pop safety valve

34(1) Every boiler shall be provided with a lock pop safety valve of approved make which shall be set by the inspec tor at the time of his inspection and properly locked and sealed.

(2) Any person removing, destroying or in any way inter fering with the lock or sealing device in any lock pop safety valve, after it has been locked or sealed by an inspector, shall be guilty of an offence and liable on summary conviction to a penalty of $50.

R.S.S. 1920, c.177, s.34; R.S.S. 1930, c.221, s.34.

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REPORT OF ACCIDENTS

Owner to report acidents

35(1) On the occurrence of an explosion of a boiler notice thereof shall be sent at once by telegraph to the chief inspector by the owner or by some person acting on his behalf stating the precise locality and the number of persons killed or injured.

(2) After an explosion no part or parts of a boiler shall without the written permission of an inspector be removed or their positions altered by any person unless with a view to the rescue of injured persons or the removal of the bodies or per sons killed.

(3) Any person neglecting or violating any of the provisions of this sectionshall be guilty of an offence and liable on summary conviction to a fine of not less than $50 and not more than $100 or to imprisonment for a term not exceeding three months.

(4) On receipt of any such report the chief inspector shall cause a full investigation to be made as to the cause and cir cumstances of the explosion.

R.S.S. 1920, c.177, s.35; R.S.S. 1930, c.221, s.35.

ENGINEERS’ AND FIREMEN’S CERTIFICATES

Examinations

36(1) All examinations held under this Act, the fees payable for each grade of examination, and the issue of cer tificates to such candidates as may pass, shall be conducted and made in accordance with regulations from time to time pre scribed by the minister.

(2) All certificates shall be issued on the recommendation of the examining inspector.

(3) A candidate who considers that he has been unfairly dealt with by an inspector may appeal in writing to the min ister, setting forth his grievance, and the minister shall forth with cause investigation to be made and give his decision, which shall be final.

(4) If a candidate does not understand the English language the inspector may employ an interpreter whose services shall be paid for by the candidate; and in such case the inspector shall sign a certificate (form A) and the interpreter shall subscribe a declaration (form B).

R.S.S. 1920, c.177, s.6; R.S.S. 1930, c.221, s.36.

Engineers’ Certificates

Classes

37 Engineers’ certificates under this Act shall be divided into two kinds, final and provisional.

R.S.S. 1920, c.177, s.37; R.S.S. 1930, c.221, s.37.

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Final certificates

38(1) There shall be four classes of engineers’ final certificates, namely:

(a) first class;

(b) second class;

(c) third class; and

(d) traction engineers’ certificates.

(2) Before issuing a recommendation for the registration and issue of a final certificate, the inspector shall satisfy him self of the candidate’s competency by thoroughly examining him as to his knowledge of the construction, care and operation of stationary steam boilers and engines.

(3) After he has issued a recommendation for a final cer tificate an inspector may grant an interim certificate pending receipt of the certificate from the department.

(4) If a candidate for a final certificate is unable to write legibly, the inspector may employ an amanuensis whose services shall be paid for by the candidate, and in such case the inspector shall sign a certificate (form C), and the interpreter shall subscribe a declaration (form D).

(5) Any person who fails at an examination for a final certificate shall, before presenting himself for re-examination, serve three months or one threshing season as chief or assistant engineer according to the requirements, other than the period of service, of sections 39, 40, 41 or 42, as the case may be, and shall produce a statement from the owner by whom he was employed during that time showing that his services were satisfactory.

R.S.S. 1920, c.177, s.38; R.S.S. 1930, c.221, s.38.

Qualifications for first class examination

39(1) Any person may present himself for examination for a first class certificate, who, having attained the age of twenty-five years and not being disqualified by subsection (5) of section 38:

(a) is the holder of a second class certificate and has since its receipt, for a period of twelve months, either operated a steam engine and boiler of not less than 100 horse power, or acted as assistant in the operation of a steam engine or battery of boilers of not less than 300 horse power; or

(b) satisfies the minister that he has operated a steam engine and boiler of not less than 300 horse power for a period of five years; or

(c) satisfies the minister that he has served three years in a workshop in the manufacture or repairing of engines or boilers, and has, for a further period of twelve months, either operated an engine and boiler of not less than 300 horse power, or acted as assistant in the operation of a steam boiler and engine or battery of boilers of not less than 500 horse power in the aggregate.

(2) A first class certificate may be issued to every candidate who receives 60 per cent of the aggregate marks obtainable on the written examination.

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(3) Such certificate shall during its currency entitle the holder to have charge of boilers of any capacity.

(4) A candidate receiving less than 60 per cent, but not less than 35 per cent, of the aggregate number of marks on the written examination may be granted a second class certificate, if not then in possession of one.

R.S.S. 1920, c.177, s.39; 1930, c.65, s.2; R.S.S. 1930, c.221, s.39.

Qualifications for second class examination

40(1) Any person may present himself for examination for a second class certificate who having attained the age of twenty-two years:

(a) is the holder of a third class certificate and has since its receipt, for a period of at least twelve months, either operated a stationary steam boiler and engine of not less than 100 horse power or acted as assistant in the operation of a steam boiler of not less than 300 horse power; or

(b) satisfies the minister that he has operated a station ary boiler and engine of not less than 100 horse power for a period of at least four years; or

(c) satisfies the minister that he has served three years in a workshop in the manufacture or repairing of steam engines or boilers and has, for a period of twelve months, either operated a steam boiler and engine of more than 100 horse power or acted as assistant in the operation of a steam boiler and engine of not less than 300 horse power.

(2) A second class certificate may be issued to every candi date who receives 60 per cent of the marks obtainable on the written examination.

(3) Such certificate shall during its currency entitle him to have sole charge of a boiler or boilers having a capacity not exceeding 500 horse power in the aggregate or having a total capacity of not more than 1,000 horse power when used for heating purposes only, or to act as assistant in the operation of a boiler or boilers of any capacity under an engi neer holding a first class certificate.

R.S.S. 1920, c.177, s.40; 1930, c.65, s.3; R.S.S. 1930, c.221, s.40.

Qualifications for third class examination

41(1) Any person may present himself for examination for a third class certificate who, having attained the age of twenty-one years:

(a) holds or has held a provisional or traction engineer’s certificate, and has since its receipt fired a stationary steam boiler or operated a stationary engine for not less than twelve months; or

(b) satisfies the minister that he has operated a stationary boiler and engine for a period of not less than twelve months; or

(c) satisfies the minister that he has served two years in a workshop employed in the manufacture or repair ing of engines or boilers and has fired a stationary boiler for a further period of twelve months.

(2) A third class certificate may be issued to every candidate who receives 60 per cent of the aggregate marks obtainable on the examination paper.

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(3) Such certificate shall entitle the holder to have sole charge of any boiler of not more than 200 horse power, or to act as an assistant in the operation of a boiler or boilers of a total capacity of not more than 500 horse power under an engineer holding a first or second class certificate, or to have sole charge of a boiler or boilers of a total capacity of not more than 500 horse power when used for heating purposes only.

(4) An illiterate candidate or one who cannot understand the English language, may, in addition to the written exam ination, be examined orally, and the department may grant a certificate on the recommendation of the examining inspector who is then satisfied asto the candidate’s qualifications.

R.S.S. 1920, c.177, s.41; 1930, c.65, s.4; R.S.S. 1930, c.221, s.41.

Qualification for traction engineer’s examination

42(1) Any person may present himself for examination for a traction engineer’s certificate who:

(a) holds or has held a provisional certificate and since its receipt has operated a steam engine for one thresh ing or ploughing season; or

(b) satisfies the minister that he has had extensive experience as operator of traction, or portable or semi-portable engines.

(2) An illiterate candidate or one who cannot understand the English language may, in addition to the written examin ation, be examined orally, and the department may grant a certificate on the recommendation of the examining inspector who is then satisfied as to the candidate’s qualifications.

(3) A certificate may be issued to every candidate receiving 50 per cent of the aggregate marks obtainable on the examination paper.

(4) A traction engineer’s certificate shall entitle the holder to have sole charge of a boiler of not more than 50 horse power or to act as assistant in the operation of a boiler of not more than 100 horse power under an engineer holding a first, second or third class certificate.

R.S.S. 1920, c.177, s.42; R.S.S. 1930, c.221, s.42.

Foreign certificate

43 The holder of a certificate of qualification as an engi neer from:

(a) an incorporated body authorised to grant such cer tificates of qualification for operating steam boilers and engines; or

(b) the Dominion Government; or

(c) any provincial Government; or

(d) any competent authority in any other portion of the British Empire or the United States of America;

upon making application to the minister accompanied by evidence satisfactory to the minister of his qualifications and identity, and upon payment of the prescribed fee, may obtain a certificate of qualification as an engineer in the class deter mined by the minister and be registered under the provisions of this Act.

R.S.S. 1920, c.177, s.43; R.S.S. 1930, c.221, s.43.

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Qualifications for provisional certificate

44(1) Any person may be granted a provisional certificate, valid for the period of one year from its date, who having paid the prescribed fee, produces a certificate of uniform good conduct and sobriety from the owner or owners by whom he was employed or some other reliable person, and:

(a) satisfies the minister that he has had at least one year’s or three threshing seasons experience in the operation of a steam boiler or boilers; or

(b) has served at least a three years apprenticeship in an establishment for the manufacture of steam engines or boilers, and has sufficient knowledge of the theory and practise of operating a steam boiler; or

(c) produces the certificate of an inspector that he has been examined in the theory and practise of operating a steam boiler and has been found duly qualified.

(2) The minister may upon the recommendation of an inspector grant to any candidate who upon examination has failed to receive a recommendation for a final certificate, a pro visional certificate valid for a period of one year from its date.

(3) The holder of a provisional certificate may secure another of the same class upon payment of the prescribed fee and pro ducing to the minister a satisfactory recommendation from an owner by whom he has been employed while holding such cer tificate, or if unable to secure such recommendation then upon the recommendation of an inspector after satisfactory investigation has been made.

(4) A provisional certificate shall entitle the holder to operate a boiler not exceeding 40 horse power or to have sole charge of high pressure boilers not exceeding 100 horse power when used for heating purposes only.

R.S.S. 1920, c.177, s.44; 1930, c.65, s.5; R.S.S. 1930, c.221, s.44.

Firemen’s Certificates

General certificate

45 Any person who satisfies an inspector that he has sufficient knowledge and experience of the operation of heating boilers may, upon payment of a fee of $2 obtain a fireman’s certificate valid for one year from date of issue entitling him to operate any such boiler exceeding 40 horse power at a working pressure not exceeding 15 pounds per square inch.

R.S.S. 1920, c.177, s.45; R.S.S. 1930, c.221, s.45.

Special certificate

46 Any person who satisfies an inspector that he has sufficient knowledge and experience to operate high pressure heating boilers may, upon payment of a fee of $2, obtain a fireman’s special certificate valid for one year from date of issue entitling him to operate any such boiler not exceeding 25 horse power though carrying a steam pressure exceeding 15 pounds per square inch, if used for heating purposes only, or to act as night watchman in charge of high pressure boilers of greater capacity while such boilers are under banked fires or are being used only for maintaining the heat of the building to which they are attached.

R.S.S. 1920, c.177, s.46; R.S.S. 1930, c.221, s.46.

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General

Qualification of other persons

47 Any person not hereinbefore provided for who desires to qualify for registration and obtain a certificate entitling him to operate steam boilers and engines connected there with, shall, upon filing with the inspector satisfactory evi dence that he has served twelve months or three threshing seasons as assistant to the holder of a certificate issued under this Act, be entitled so to qualify upon examination as hereinbefore provided, subject to all the rules and regulations connected therewith.

R.S.S. 1920, c.177, s.47; R.S.S. 1930, c.221, s.47.

Permits in urgent cases

48(1) In case an owner shows to the satisfaction of an inspector that he is unable, owing to some unforeseen occurrence, to secure immediately the services of a duly qualified person, the inspector may grant a permit to operate such boiler, valid for a period of thirty days from its date, to any person producing satisfactory evidence of good conduct, sobriety and knowledge of operating steam boilers.

(2) The fee for a permit shall be prescribed from time to time by regulations of the minister.

R.S.S. 1920, c.177, s.48; R.S.S. 1930, c.221, s.48.

Certificate to be posted up

49(1) Every person holding a certificate under this Act shall expose it insome conspicuous place in the engine or boiler room in which he is employed, or cause it to be attached to the engine or boiler of which he is in charge; and in default shall be liable on summary conviction to a penalty of not less than $5 and not more than $20.

Production of certificate on demand

(2) If such person is in charge of a portable engine and boiler he shall produce his certificate for inspection on being required to do so by an inspector, constable or peace officer.

Absence or nonproduction of certificate

(3) The absence of a certificate or its nonproduction on demand shall be prima facie evidence that the person operating the engine or boiler has no certificate.

R.S.S. 1920, c.177, s.49; R.S.S. 1930, c.221, s.49.

Operation of boilers without certificates

50 Any person who, not being the holder of a final, provisional or interim certificate of qualification as an engineer or a permit under this Act, at any time operates a steam boiler or is in charge of a steam boiler while in operation, whether as owner or as engineer, shall be liable on summary conviction to a penalty of not less than $5 and not more than $50:

Provided that heating boilers not exceeding 40 horse power and carrying not more than 15 pounds steam pressure may be operated by any person without a certificate of qualification.

R.S.S. 1920, c.177, s.50; R.S.S. 1930, c.221, s.50.

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Employment of unlicensed operators

51 Any person who employs another to operate a steam boiler, when such other person is not the holder of a certificate or permit granted in accordance with this Act, shall be guilty of a breach of its provisions.

R.S.S. 1920, c.177, s.51; R.S.S. 1930, c.221, s.51.

PART IV

Operation of Threshing Engines

Management and operation

52(1) The following provisions shall be observed in and about the management and operation of steam portable and traction engines used for threshing and other purposes, but shall not apply to railway locomotive engines or engines inclosed in a suitable building:

1. No part of the engine when placed for the purpose of working shall be within thirty feet of any building or stack;

2. A suitable metal pan of adequate size shall be provided and so adjusted as to receive the ashes and cinders, and these shall be properly quenched before being deposited on the ground;

3. A sprinkling hose for the purpose of quenching the ashes, and wetting the surrounding soil shall be connected with the boiler feed pipe, injector delivery pipe, or an independent pump;

4. All cinders and ashes shall be extinguished before the engine is removed from the place where it has been in operation;

5. A barrel of water and two buckets shall be provided and placed conveniently near to any stacks or combustible material near the engine;

6. An efficient spark arrester shall be provided and used. It shall be kept in good repair, and shall not be opened while the engine is in operation.

(2) Every steam traction engine and gasoline tractor, when travelling along or standing on a public highway, shall have displayed from one hour after sunset to one hour before sunrise a light throwing a bright light in the direction in which the steam traction engine or gasoline tractor is travelling, and shall also exhibit on the rear of the machine, or in case the steam traction engine or gasoline tractor is drawing a load, cn the rear of the load, a light so as to be plainly visible to any person or persons overtaking the raid steam tracticn engine or gasoline tractor.

(3) Any person contravening or failing to comply with any of the provisions of this section shall be guilty of an offence, and liable on summary conviction to a penalty not exceeding $10.

R.S.S. 1920, c.177, s.52; 1925-26, c.50, s.4; R.S.S. 1930, c.221, s.52.

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PART V

Miscellaneous Provisions

Power of minister to cancel certificate

53 The minister may, upon due cause being shown, cancel any certificate issued under the provisions of this Act.

R.S.S. 1920, c.177, s.53; R.S.S. 1930, c.221, s.53.

Regulations

54 The minister may from time to time make such regulations as he may deem necessary for properly carrying into effect the provisions of this Act.

R.S.S. 1920, c.177, s.54; R.S.S. 1930, c.221, s.54.

Forms

55 The minister may from time to time alter or amend any forms prescribed by this Act or by regulations made there under, and may authorise or require the use of new and addition al forms.

R.S.S. 1920, c.177, s.55; R.S.S. 1930, c.221, s.55.

Interprovincial certificates

56 The minister shall have power to arrange with the examining board or other competent authority of any other province for the granting after examination or otherwise of interprovincial engineers’ certificates upon such terms and conditions as may be agreed on.

R.S.S. 1920, c.177, s.56; R.S.S. 1930, c.221, s.56.

Special rules and regulations

57 The Lieutenant Governor in Council may make rules and regulations for the inspection, construction, operation and maintenance of refrigerating plants, compressed air tanks, oxy acetylene plants, gas tanks and all and any other tanks or reservoirs used for holding liquid or gaseous substances under a pressure exceeding fifty pounds per square inch and all such rules and regulations shall after publication in The Saskatchewan Gazette have the like force and effect as if herein enacted.

R.S.S. 1920, c.177, s.57; R.S.S. 1930, c.221, s.57.

Disposal of fees

58 The fees payable under this Act shall be paid into the consolidated fund.R.S.S. 1920, c.177, s.58; R.S.S. 1930, c.221, s.58.

Obstructing inspectors

59 Any person interfering with or obstructing an inspec tor in the exercise of his powers or the performance of his duties under this Act shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50.

R.S.S. 1920, c.177, s.59; R.S.S. 1930, c.221, s.59.

Penalties

60 A person guilty of a breach of any of the provisions of this Act or of any of the rules or regulations made thereunder for which no penalty is herein otherwise provided, shall on summary conviction be liable to a penalty not exceeding $50.

R.S.S. 1920, c.177, s.60; R.S.S. 1930, c.221, s.60.

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SCHEDULE

FORM A

(Section 36(4))

I, _______________ inspector of steam boilers, hereby certify that I am satisfied of the inability of __________________ to understand the English language and I have therefore allowed him the use of an interpreter.

____________________________Inspector of Steam Boilers.

_______________

FORM B

(Section 36(4))

I, ______________ of ____________________ (occupation) _______________ do solemnly declare that I am not the holder of a certificate of qualification as an engineer; that I have never assisted in the operation of a steam boiler and that I will interpret the questions to the candidate and interpret his answers into English accurately to the best of my ability.

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

Declared before me at __________________

in the province of ____________________ ..................................................

this _____ day of ______________ 19 _____ . (Interpreter sign here)

..........................................................................

A Commissioner (or J.P.)

_______________

FORM C

(Section 38(4))

I, _______________ inspector of steam boilers hereby certify that I am satisfied of the inability of ____________________ to write legibly his answers to the questions contained in the examination papers and I have therefore allowed him the use of an amanuensis.

____________________________Inspector of Steam Boilers.

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FORM D

(Section 38(4))

I, ______________ of ____________________ (occupation) _________________ do solemnly declare that I am not the holder of a certificate of qualification as an engineer; that I have never assisted in the operation of a steam boiler and that I will write the answers or the interpretation of the same in English accurately to the best of my ability.

And I make this solemn declaration conscientiously believ ing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

Declared before me at __________________

in the province of ____________________ ..................................................

this _____ day of ______________ 19 _____ . (Amanuensis sign here)

..........................................................................

A Commissioner (or J.P.)

REGINA, SASKATCHEWANPrinted by the authority of

THE QUEEN’S PRINTER

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