AIFPA March 2011 Safety Codes Act and Alberta Fire Code Responsibilities

Myths and Misunderstandings There has often been a disconnect between the Government and industry regarding what portions of the safety system applies to what facilities and activities. There has often been a disconnect between the Government and industry regarding what portions of the safety system applies to what facilities and activities. There is also confusion within government as to what applies when, where, how and to whom. There is also confusion within government as to what applies when, where, how and to whom.

Myths and Misunderstandings A classic area of cross government misunderstanding is the relationship between the “safety” components of Workplace Health & Safety, the Energy Resources Conservation Board and Municipal Affairs (Safety Services and AEMA). A classic area of cross government misunderstanding is the relationship between the “safety” components of Workplace Health & Safety, the Energy Resources Conservation Board and Municipal Affairs (Safety Services and AEMA).

Myths and Misunderstandings This is highlighted by a number of incidents where we have either confusing or conflicting regulations (directives) adopted under three different legislative frameworks This is highlighted by a number of incidents where we have either confusing or conflicting regulations (directives) adopted under three different legislative frameworks Alta Fire (B, E, G) Code vs. OHS Code vs. Directive 55 et al. Alta Fire (B, E, G) Code vs. OHS Code vs. Directive 55 et al. Authorities (and responsibilities): Authorities (and responsibilities): to inspect to inspect to enforce to enforce to investigate to investigate to report to report

Myths and Misunderstandings Safety Codes Act applies EVERYWHERE in Alberta (other than Federally owned and operated lands – FN, DND, Parks Canada). Safety Codes Act applies EVERYWHERE in Alberta (other than Federally owned and operated lands – FN, DND, Parks Canada). OH&S Code applies to all workplaces (other than federally regulated) OH&S Code applies to all workplaces (other than federally regulated) ERCB Directives apply to all licensed sites and facilities. (Many Directives have specific exemptions – D55 exempts oil sands facilities – what covers tanks of production liquids?) ERCB Directives apply to all licensed sites and facilities. (Many Directives have specific exemptions – D55 exempts oil sands facilities – what covers tanks of production liquids?)

Fire Code Applies to ALL industries and facilities. Applies to ALL industries and facilities. Is not overridden by OHS Code or ERCB Directives. Is not overridden by OHS Code or ERCB Directives. There are no exemptions (other than tanks at ERCB sites & farms) There are no exemptions (other than tanks at ERCB sites & farms) AFC 06 Div B Sentence (2) states: Areas in process plants, where conditions must be addressed by design and operational details specific to the hazard, need not conform to this Part, where alternative protection is provided in conformance with Article of Division A. (See Appendix A.) A (2) Certain areas in refineries, chemical plants and distilleries will not meet all Code requirements because of extraordinary conditions. Design should be based on good engineering practice and on such factors as manual fire suppression equipment, daily inspections, automated transfer systems, location of processing units, and special containment systems, piping, controls and materials used. NFPA 30, “Flammable and Combustible Liquids Code,” and NFPA 36, “Solvent Extraction Plants,” are examples of good engineering practice and can be referred to by the designer and the authority having jurisdiction. Div A Sentence (1) Compliance with this Code shall be achieved by a) complying with the applicable acceptable solutions in Division B (see Appendix A), or b) using alternative solutions that will achieve at least the minimum level of performance required by Division B in the areas defined by the objectives and functional statements attributed to the applicable acceptable solutions (see Appendix A).

Fire Code Delivery of Flammable and Combustible Liquids Delivery of Flammable and Combustible Liquids Supervision 1) During loading and unloading of a tank vehicle, trained personnel shall be in a position to shut off the flow of liquid in an emergency Unloading 1) Before a tank vehicle is unloaded, the volume of liquid in the receiving tank shall be measured to ensure that the tank can accept the volume to be unloaded Notification (1) When a loss of flammable liquid or combustible liquid occurs due to a spill or leak, or as indicated by any of the leak detection measures in Section 4.4., the owner shall ensure that a) appropriate action is taken as required in Sentences (2) and (3), and Sentence (1), and b) if the quantity of liquid spilled or leaked exceeds 50 L in aggregate or is sufficient to cause a sheen on nearby surface water i) the fire department shall be notified immediately, and ii) the authority having jurisdiction shall be notified in writing within 24 h. The Ministry has successfully prosecuted those who fail to comply and is working to both increase the penalties under the SCA as well as clarify/simplify the methods of laying charges.

Investigations SCA Admin Items Reg states in Section 8 that: SCA Admin Items Reg states in Section 8 that: All fires where there is death, injury or “property” is damaged or destroyed must be reported to a fire SCO having jurisdiction. (forest fires only exemption) All fires where there is death, injury or “property” is damaged or destroyed must be reported to a fire SCO having jurisdiction. (forest fires only exemption) A fire SCO must investigate the cause and origin of EVERY fire noted above. A fire SCO must investigate the cause and origin of EVERY fire noted above. Section 9 notes that the SCO above must file a report to the Fire Commissioner within 30 days of occurrence (initial report). Section 9 notes that the SCO above must file a report to the Fire Commissioner within 30 days of occurrence (initial report).

Investigations Concerns about fire reporting across the province. Concerns about fire reporting across the province. MA (SS & AEMA) and the SCC are working on improving the completeness, timeliness and accuracy of fire reporting under the SCA from municipal, corporate and unaccredited areas. MA (SS & AEMA) and the SCC are working on improving the completeness, timeliness and accuracy of fire reporting under the SCA from municipal, corporate and unaccredited areas. AHJ often either not notified, or sometimes excluded from, investigation of fires at industrial, particularly incidents at exploration/extraction, sites. AHJ often either not notified, or sometimes excluded from, investigation of fires at industrial, particularly incidents at exploration/extraction, sites. WH&S and ERCB staff not aware of SCA requirements. WH&S and ERCB staff not aware of SCA requirements.

Investigations The question of what is reportable is confusing, particularly in an industrial setting where unplanned releases of product (property?) are burnt but in a manner which the system has been designed to handle or suppress in a controlled manner and which are seen as a regular occurrence and often a “cost of business”. (product flares, haul truck tire fires?) The question of what is reportable is confusing, particularly in an industrial setting where unplanned releases of product (property?) are burnt but in a manner which the system has been designed to handle or suppress in a controlled manner and which are seen as a regular occurrence and often a “cost of business”. (product flares, haul truck tire fires?) The confusion also arises where a relatively minor fire (steam, welding, other heat?) causes a “burn” injury. The confusion also arises where a relatively minor fire (steam, welding, other heat?) causes a “burn” injury. Are there guidelines which the Ministry, Municipalities and Industry can/should develop as to what is and is not reportable (value, size, complexity, time)? Are there guidelines which the Ministry, Municipalities and Industry can/should develop as to what is and is not reportable (value, size, complexity, time)? Does setting limits potentially reduce the value of the Fire Reporting System which is used to drive public safety policy and education efforts. Does setting limits potentially reduce the value of the Fire Reporting System which is used to drive public safety policy and education efforts.