Crack Heat Exchanger in Roof Top Unit

[Mechanical Contractor]

Hello Everyone ,
is any body knows when legally have to shut down the roof top unit that has a cracked heat exchanger? I need the legal fact and cod for that on Ontario.

[Admin]

From the B149.1-10 Gas Code,

Clause 4.21.3 - Where the heat exchanger of a commercial or industrial appliance is found to be defective, it may be repaired, and the repair shall be in accordance with procedures acceptable to the authority having jurisdiction.

From Ontario Regulation 212/01,

Unacceptable condition — immediate hazard
13.  (1)  In this section and in section 14,
"unacceptable condition" means,
(a)with respect to an appliance, container or work, that it is being used for a purpose other than that for which it was approved,
(b)with respect to an appliance, container or work, that any alteration to it or any deterioration of it, is likely to impair its safe operation, or
(c)with respect to an appliance or work, that the condition of piping, tubing or hoses, the venting of products of combustion, the supply of air for combustion or the clearance from adjacent combustible matter is likely to impair its safe operation or that the appliance or work does not meet the requirements of this Regulation or, where it was installed before this Regulation came into force, that it does not meet the requirements of the predecessor to this Regulation as it existed when the appliance or work was installed.  O. Reg. 212/01, s. 13 (1).
(2)  Where a distributor finds that an appliance or work is in an unacceptable condition and that it constitutes an immediate hazard, the distributor shall,
(a)immediately shut off the supply of gas to the appliance or work;
(b)promptly notify the user in writing of the unacceptable condition, including a direction that the appliance or work not be used until the condition is corrected; and
(c)affix a notice containing the information referred to in clause (b) to the appliance or work.  O. Reg. 212/01, s. 13 (2).
(3)  Where a holder of a certificate or ROT finds that an appliance or work is in an unacceptable condition and that it constitutes an immediate hazard, the holder shall,
(a)immediately shut off the supply of gas to the appliance or work;
(b)promptly give oral notice of the shutting off of the gas to the distributor;
(c)promptly give a written notice to the user,
(i)describing the condition that constitutes the immediate hazard, and
(ii)directing that the appliance or work not be used until the condition is corrected;
(d)within 14 days of finding the condition, give written notice of the condition to the distributor, including notice that the supply of gas has been shut off; and
(e)affix a notice containing the information required in clause (c) to the appliance or work.  O. Reg. 212/01, s. 13 (3).
(4)  An owner or user of an appliance or work to whom notice is given that there is an unacceptable condition that constitutes an immediate hazard shall not use the appliance or work or cause or permit the appliance or work to be used until the condition is corrected.  O. Reg. 212/01, s. 13 (4).
(5)  Where the unacceptable condition is corrected, the owner or user shall notify the distributor of the correction within 14 days of the condition being corrected.  O. Reg. 212/01, s. 13 (5).
(6)  Where a notice is affixed to an appliance or work under clause (2) (c) or (3) (e), no person shall remove the notice unless the person holds a certificate for that purpose and on removing the notice the person shall endorse his or her certificate number, name and address on the notice and send it by prepaid registered mail or deliver it to the distributor.  O. Reg. 212/01, s. 13 (6).

Unacceptable condition — no immediate hazard
14.  (1)  Where a distributor finds that an appliance or work is in an unacceptable condition but that it does not constitute an immediate hazard, the distributor shall,
(a)promptly notify the user, in writing, describing the condition and indicate in the notice that the distributor will shut off the supply of gas to the appliance or work if the contractor does not notify the distributor that the condition has been corrected within the period of time specified in the notice, which shall not be greater than 90 days;
(b)affix a notice containing the information required under clause (a) to the appliance or work.  O. Reg. 212/01, s. 14 (1).
(2)  A distributor who gives a notice under subsection (1) shall shut off the supply of gas to the appliance or work if the unacceptable condition described in the notice is not corrected within the period of time specified in the notice.  O. Reg. 212/01, s. 14 (2).
(3)  Where a holder of a certificate or ROT finds that an appliance or work is in an unacceptable condition but that it does not constitute an immediate hazard, he or she shall,
(a)immediately give oral notice of the condition to the distributor who supplies gas to the appliance or work;
(b)immediately give written notice to the user of the appliance or work describing the condition and advising that notice of the condition has been given to the distributor;
(c)give written notice of the condition to the distributor within 14 days of finding it; and
(d)affix a notice containing the information required in clause (b) to the appliance or work.  O. Reg. 212/01, s. 14 (3).
(4)  An owner or user of an appliance or work to whom notice has been given that there is an unacceptable condition that does not constitute an immediate hazard shall not use the appliance or work, or cause or permit its use, after the expiry of time specified in the notice for correcting the condition until the condition has been corrected.  O. Reg. 212/01, s. 14 (4).
(5)  Where a notice is affixed to an appliance or work under clause (1) (b) or (3) (d), no person shall remove the notice unless the person holds a certificate for that purpose and on removing the notice the person shall endorse his or her certificate number, name and address on the notice and send it by prepaid registered mail or deliver it to the distributor.  O. Reg. 212/01, s. 14 (5).

[Mechanical Contractor]

Thank you Admin ,