Protect HVAC in Ontario!

[Admin]

Recently I have witnessed the ESA, Ontario Electrical Safety Authority, try to shakedown a reputable HVAC company, and intimidate them with fines and hearings, because a permit fee was not paid to them.  The ESA website has no contractor awareness program in place, and they have made no attempt to contact the Ministry Of Training, Colleges and Universities or TSSA to have gas fitters and refrigeration mechanics made aware of ESA permit requirements, fees ect...

The Electricity act is vague, and the reference to HVAC is limited,

ELECTRICITY ACT - ONTARIO REGULATION 570/05
Non-application of regulation
2.  This Regulation does not apply to a person engaged in the following types of electrical work:
4. Work done on the controls and equipment within refrigeration and air-conditioning units by a person authorized to do such work under Ontario Regulation 75/05 (Refrigeration and Air Conditioning Mechanic) made under the Trades Qualification and Apprenticeship Act.
7. Work done on electrical components of appliances by a person authorized to do such work under Ontario Regulation 210/01 (Oil and Gas Pipeline Systems), Ontario Regulation 211/01 (Propane Storage and Handling) and Ontario Regulation 215/01 (Fuel Industry Certificates) made under the Technical Standards and Safety Act.

It's obvious by this regulation they don't want us to do work with electrical, or I guess pay them if we do!

With our refrigeration certification, 313A or 313D, we follow Ontario Regulation 75/05, which is a little more clear,

ONTARIO REGULATION 75/05 - REFRIGERATION AND AIR CONDITIONING MECHANIC
Scope of trade
    3.  (1)  The performance of any of the following functions constitutes work that is part of the certified trade:
      1.   Plan, prepare and lay out the system.
      2.   Install and start up the system and verify the operation and function of the system.
      3.   Install and connect piping for the purpose of conveying all types of refrigerant used for both primary and secondary cooling.
      4.   Maintain, service, repair and replace system components and accessories, including the electrical and electronic components of the system.
      5.   Service, test, adjust, commission and decommission the system.  O. Reg. 75/05, s. 3 (1).
    (2)  A person who holds a certificate of qualification as a refrigeration and air conditioning systems mechanic, and any other person authorized under the Act to work as a refrigeration and air conditioning systems mechanic, may perform the functions described in subsection (1) with respect to any cooling system or heating-cooling combination system that is installed and used in a residential, industrial, commercial or institutional setting.  O. Reg. 75/05, s. 3 (2).
    (3)  A person who holds a certificate of qualification as a residential air conditioning systems mechanic, and any other person authorized under the Act to work as a residential air conditioning systems mechanic, may perform the functions described in subsection (1) only with respect to residential air conditioning systems that meet the following requirements:
      1.   The system shall be installed as an independent unit in a residential family dwelling.
      2.   The system shall operate at no more than 240 volts single-phase power with a maximum branch circuit capacity of 60 amps, a maximum cooling capacity of 60,000 British thermal units per hour and a saturated suction temperature above 2 degrees Celsius (35 degrees Fahrenheit) in the cooling cycle.  O. Reg. 75/05, s. 3 (3).

I don't see how we can install an air conditioner and commission it without installing the 240V electrical wire, which O. Reg 75/05 clearly states we can do.

With the G1/2 certification we follow Ontario Regulation 215/01, which is clear we cannot install wiring back to the panel.

ONTARIO REGULATION 215/01 -FUEL INDUSTRY CERTIFICATES

G.1 certificate
   20.  (1)  A person who is the holder of a G.1 certificate may install, inspect, alter, purge, activate, repair, service or remove a natural gas or propane appliance of any BTU input and the equipment and accessories essential to its operation.  O. Reg. 215/01, s. 20 (1).
   (2)  A person who is certified to carry out the functions described in subsection (1), may also do the following:

7.  Install, repair, service and maintain electrical wiring from an existing branch circuit containing overcurrent protection to appliances in order to exchange, service, repair or install an approved appliance and carry out the replacement of electrical wiring necessary to complete the reconnection or installation of controls, control systems, components and accessories that are essential to the operation of the appliance, but the person shall not run wiring back to the electrical supply panel or perform any additional wiring unless he or she is also the holder of a valid certificate of qualification as an electrician issued under the Trades Qualification and Apprenticeship Act.

I don't see anything in O. Reg 75/05 saying a C of Q 313A or 313D certificate holder can't install wiring to the panel.  And I don't see anything in Ontario Regulation 570/05, Ontario Regulation 75/05, or Ontario Regulation 215/01 that sais anything about ESA permits.

I think it's time we changed a few things in our province regarding our trade.

First off G1,2,3 and OBT 1,2,3 should be classified as a trade, under the Ministry Of Training, Colleges and Universities.  We should have a C of Q for our Gas Fitter certification.

We already have paid our dues and completed our training, we don't need new licenses to weld, or install electrical.  In a time when our province is facing huge tax increases, we don't need more arms length government organizations reaching into our pockets, in the name of public safety.  They are all a bunch of fist shaking money making machines.

The CTAAC, Certified Trades and Apprenticeship Association of Canada, has aligned themselves with the CFIB, Canadian Federation of Independent Business, to help stop this attack on our trade. 

Please visit the CTAAC website and help eliminate TSSA – Here

There is also another great page on the CTAAC website, to help protect our 313A and 313D certification.  Please visit it  – Here. 

There are sample letters there and all the links you'll need to voice your opinion to the appropriate government officials.  Write your local MP's and have them follow up for you.
Make it a point to inform co-workers.  This is our future, we need to get HVAC recognized as a trade, as a whole.  And let's stop the abuse of power coming from these arms length government organizations!

[Hgye]

Thanks for the heads up.

I read this differently:

"may perform the functions described in subsection (1) only "

It says subsection 1 only.

[Admin]

Are you interpreting subsection (1) as only being,

1.   Plan, prepare and lay out the system.

Section 3 Subsection (1) consists of all of 1-5,

3.  (1)  The performance of any of the following functions constitutes work that is part of the certified trade:
      1.   Plan, prepare and lay out the system.
      2.   Install and start up the system and verify the operation and function of the system.
      3.   Install and connect piping for the purpose of conveying all types of refrigerant used for both primary and secondary cooling.
      4.   Maintain, service, repair and replace system components and accessories, including the electrical and electronic components of the system.
      5.   Service, test, adjust, commission and decommission the system.  O. Reg. 75/05, s. 3 (1).

I emailed Ontario's Electrical Safety Authority for some clarification,  and got an answer by Maureen.Prosser@electricalsafety.on.ca,

If I understand correctly, am I just required to open an account with the ESA to pay for permits?

Thank you for your e-mail.  Yes, you do need an account to take permits out for all work you do in HVAC.  You do not need a Electrical Contractors Licence if you work within the scope of your C of Q.  Which entitles you to go back to the panel for an A/C only.  No branch wiring would be completed on any other equipment.

According to the ESA Authorized Contractor Manual, it states small HVAC jobs require a permit.  Does this mean if I replace a motor in a furnace or air conditioner I need a permit?

You need to have an acct for permits.  Complete the form.  A permit is required for a motor as well.

You can download the ESA Authorized Contractor Manual - Here  See Section 4.0 Page 6 for HVAC requirements.

Can you provide me with a reference to code on regulation that states this?  I have been doing HVAC for 15 years and I've never seen anyone pull a permit to replace a motor in a furnace.   I'm trying to learn what gives ESA authority to do this.

The replacement of a motor/service work would be exempt if it is a replacement of the same size and not an upgrade.  No permit required.  Sorry if I confused you.

As per ESA representative Maureen Prosser and Ontario Regulation 75/05, we can wire back to the panel under our 313A or 313D C of Q.  She was unable to provide me with any act or regulation that made it necessary to buy a permit.  Clearly the ESA Authorized Contractor Manual is out of date and incorrect.  ESA has made no attempt to communicate with HVAC workers via Contractor Awareness programs, or by any other means.  I believe there is something in the Electricity Act, that gives the ESA the power to force permit fees, but no one can show me where exactly.  You can download the Electricity Act - Here

[Hgye]

I stand corrected.

Thanks for clarifying this for me.  I am going to take this info back to work, and let my co-workers know.

[jack303]

Consider your selves lucky that those Electrical Safety Nazi's only want money form you, so you can work! You should see what electricians have to go through to work on their own. In order to do the work you must take out a permit, you can not take out a permit unless you have an electrical contractors licence, you can not get an electrical contractors licence unless you employ or have a masters licence! Don't forget you still need a business licence,insurance,WISB and a Bond if you intend on bidding big jobs. Not mention its hard enough with all the other costs involved in owning your own business.

I thought a 9000hour, 5 year apprenticeship, 4 blocks of school and a painful four hour c of q test, (which has an 80% failure rate) was enough to go out and make your mark. Now comes ESA and says your not qualified to work on your own. I was wondering how many of you have your boss stand beside you while you work, because he has a masters.

last I heard the masters licence is 80 bucks to take the test. ESA also has a pre masters course running at $850 a head, I was told that it is recommended to take the course. ESA also took a stab at guys that installing fire alarms saying they needed an electrical contractors licence. I was going to post ESA's fee schedule but after looking it over i start to get pissed off, so if you want to look at it its here. http://esasafe.com/Contractors/ffis_001.php

Master electrician licence: requirements

11.  An individual who applies for a master electrician licence shall not be issued the licence unless the applicant,

(a) is at least 18 years old;
(b) demonstrates at least three years experience,
(i) as a construction and maintenance electrician, a domestic and rural electrician or an industrial electrician carrying out electrical work under a valid certificate of qualification,
(ii) working for an electrical contractor as a licensed professional engineer registered with the Professional Engineers of Ontario, or
(iii) working for an electrical contractor in the capacity of a certified engineering technician or a certified engineering technologist registered with the Ontario Association of Certified Engineering Technicians and Technologists;
(c) has passed the master electrician qualifying examination within the 12-month period preceding the date of the application; and
(d) does not owe the Authority any money for which payment arrangements have not been made.