1988 Ed.]

Boilers and Pressure Vessels

[CAP. 56

35

PART VII

OFFENCES AND PENALTIES

Offences in relation to use and operation of boilers or pressure vessels

49. (1) No boiler or pressure vessel, other than a pressurized fuel container, shall be used or operated, except for the purposes of this Ordinance by or under the direction of the Authority or an appointed examiner, unless the boiler or pressure vessel and its auxiliary equipment has been examined in accordance with this Ordinance and a certificate of fitness has been issued in respect thereof after that examination.

(2) No pressurized fuel container shall be used or operated, except for the purposes of this Ordinance by or under the direction of the Authority or an appointed examiner unless the pressurized fuel container has been examined in accordance with this Ordinance and has been certified in the manner provided by this Ordinance to be in safe working order.

(3) No new pressurized fuel container shall be used or operated unless it has been approved by the Authority or is of a type or brand that has been approved by the Authority.

(4) No boiler or pressure vessel shall be operated at a greater pressure than the pressure specified in the latest certificate of fitness issued in respect thereof as the maximum permissible working pressure at which the boiler or pressure vessel may be operated.

(5) No boiler or pressure vessel shall be used or operated otherwise than in accordance with the conditions (if any) specified in the certificate of fitness issued after the last examination thereof for the purposes of this Ordinance.

(6) No boiler or pressure vessel shall be used or operated during the continuance in force of an order in respect thereof made under section 32.

(7) No boiler or steam receiver shall be operated except under the direct supervision of a competent person whose certificate of competency certifies that he is competent to operate all classes or types of boiler and steam receiver or that he is competent to operate boilers or steam receivers of the class or type in question.

(8) In the event of a contravention of subsection (1), (2), (3), (5) or (7), the owner of the boiler or pressure vessel, as the case may be, shall be guilty of an offence and shall be liable on summary conviction to a fine of $30,000. (Amended 18 of 1982 s. 5)

(9) In the event of a contravention of subsection (4), the owner of the boiler or pressure vessel, as the case may be, shall be guilty of an offence and shall be liable on summary conviction to a fine of $30,000 unless he shows to the satisfaction of the court that he did not know that the boiler or pressure vessel was being so operated and that he had taken all reasonable steps to prevent its being so operated. (Amended 18 of 1982 s. 5)

(10) In the event of a contravention of subsection (6), the owner of the boiler or pressure vessel, as the case may be, shall be guilty of an offence and shall be liable on summary conviction to a fine of $50,000. (Amended 18 of 1982 s. 5)

(Amended 87 of 1988 ss. 31, 33 & 35)

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