Regulations Respecting the Design, Location, Construction, Operation and Maintenance of Storage Facilities for Ammonium Nitrate and Ammonium Nitrate Mixed Fertilizers
2 In these Regulations,
- ammonium nitrate
ammonium nitrate means the chemical compound NH4 NO3 in granular, prilled, flake, crystalline or other solid form; (nitrate d’ammonium)
- ammonium nitrate mixed fertilizer
ammonium nitrate mixed fertilizer means a mixture consisting of ammonium nitrate and other fertilizer or inert substances and intended for use as a fertilizer; (engrais mélangés contenant du nitrate d’ammonium)
- capacity of a storage facility
capacity of a storage facility means the maximum weight of ammonium nitrate or ammonium nitrate mixed fertilizer which the applicant, in accordance with the requirements of Part I, declares he will store therein; (capacité d’une installation d’emmagasinage)
Commission means the Canadian Transport Commission; (Commission)
- dangerous commodity
dangerous commodity means any substance subject to the Regulations for the Transportation of Dangerous Commodities by Rail as approved by General Order O-29 and amendments thereto, or subject to any other regulations or order made by the Commission to control its hazard; (marchandise dangereuse)
- main track
main track is a track extending through yards and between stations where trains are operated by timetable, train order, block signals, or some other method of control approved by the Commission; (voie ferrée principale)
- National Building Code of Canada
National Building Code of Canada means the building code of that name which is published by the National Research Council; except as may otherwise be prescribed in these Regulations, building classifications, types of construction and fire separations shall be in accordance with that Code; (Code national du bâtiment au Canada)
- on-site building or structure
on-site building or structure means a building or structure occupying the same site as the storage facility and is used exclusively by the company or person that operates the storage facility; (bâtiment ou ouvrage sur l’emplacement)
- ordinary location
ordinary location means a location in which electrical equipment, under normal conditions of use, is not unduly exposed to damage from mechanical causes, excessive dust, moisture, extreme temperatures or corrosive, flammable or explosive atmospheres; (emplacement ordinaire)
- owning or operating company
owning or operating company means the person or company owning or operating the storage facility; (compagnie propriétaire ou exploitante)
- railway right-of-way
railway right-of-way means lands that are owned or leased by a railway, are contiguous to that railway’s tracks and are required for railway purposes; (emprise du chemin de fer)
- railway station
railway station means any location where passenger or freight trains may stop in accordance with the current railway timetable; (gare de chemin de fer)
- railway station-dwelling
railway station-dwelling means a railway station, of which a part is used as a dwelling; (gare-habitation)
- serving track
serving track means the track serving the storage facility and upon which railway cars are located for loading or unloading purposes; (voie de desserte)
shall is used to indicate mandatory provisions; (le futur)
should is used to indicate a recommendation; (le conditionnel)
- storage facility
storage facility means a warehouse or other enclosure used for the storage of ammonium nitrate or ammonium nitrate mixed fertilizer. (installation d’emmagasinage)
3 Subject to any licence law or other law or by-law of any province or municipality lawfully enacted with regard to storage facilities for ammonium nitrate or ammonium nitrate mixed fertilizers, the Commission, for the protection of property and the protection, safety, accommodation and comfort of the public and of the employees of the railway company and users of the railway and railway property, makes these Regulations applying to storage facilities for ammonium nitrate and ammonium nitrate mixed fertilizers located on the right-of-way owned or leased by any railway company subject to the jurisdiction of the Canadian Transport Commission.
4 These Regulations do not apply to
(a) storage facilities which at no time will contain more than 3,000 pounds of ammonium nitrate or ammonium nitrate mixed fertilizers;
(b) nitro carbo nitrates or other ammonium nitrate blasting agents; the preparation, storage or use of such blasting agents or similar mixtures in or contiguous to an ammonium nitrate or ammonium nitrate mixed fertilizer storage facility is prohibited; and
(c) ammonium nitrate mixed fertilizers containing less than 60 per cent ammonium nitrate by weight if they do not contain iron oxide, chromic oxide, inorganic salts of chromium, copper or manganese, powdered metals, sulphur, potassium chloride or any other ingredient in quantities which will appreciably sensitize or otherwise increase the hazard of ammonium nitrate.
PART IApplications for Approval
5 (1) Except as provided in subsections (2) and (3), no storage facility with a capacity exceeding 200 tons, including any addition thereto, shall be constructed without an order of the Commission issued upon an application prepared and submitted in accordance with the requirements of sections 7 to 11.
(2) Notwithstanding subsection (1), such a storage facility may be constructed without an order of the Commission if the prior written consent of the Director of Operation is obtained; however, such a storage facility shall not be used until it is approved by an order of the Commission issued upon an application prepared and submitted in accordance with sections 7 to 11.
(3) Notwithstanding subsection (1), such a facility completed prior to October 30, 1965 may be used until October 30, 1966 without an order of the Commission, if it is operated and maintained in accordance with the requirements of Part IV; but it shall not be used after October 30, 1966 without an order of the Commission made upon an application prepared and submitted in accordance with sections 7 to 11.
6 (1) Except as provided in subsections (2) and (3), a storage facility with a capacity not exceeding 200 tons, including any addition thereto, shall not be constructed without the written consent of the Director of Operation, granted upon an application prepared in accordance with sections 8 to 11 and submitted in duplicate to him.
(2) Except as provided in subsection (3) and notwithstanding subsection (1), such a storage facility completed prior to October 30, 1965 may be used until October 30, 1966 without the consent of the Director of Operation, if it is operated and maintained in accordance with the requirements of Part IV; but it shall not be used after October 30, 1966 until consent to do so is obtained in the manner prescribed in subsection (1).
(3) Notwithstanding subsections (1) and (2), decisions of the Director of Operation with respect to those requirements may be appealed to the Commission.
7 (1) Applications for the approval of the Commission to construct a storage facility, as prescribed in section 5, shall be submitted through the railway company concerned to the Secretary of the Commission.
(2) Such applications shall be accompanied by four copies of all drawings, prepared in accordance with sections 8 to 11.
8 (1) A plot plan showing the location of the storage facility in relation to the other structures and boundary lines referred to in section 10, shall be drawn to a minimum scale of one inch to 100 feet.
(2) If the plot plan prescribed in subsection (1) does not provide a clear representation of the storage facility in relation to other structures on the same site, a plan of the on-site structures drawn to a minimum scale of one inch to 50 feet shall be provided.
9 All drawings and data sheets shall be dated, bear an identification number and the name of the applicant. The drawings and data sheets shall be signed, preferably by the Chief Engineer or other official of the company responsible for either their preparation or submission.
10 The plan shall show by dimension lines the location of the storage facility in relation to the buildings, structures and property lines referred to in the following paragraphs and if there are no buildings within the distances specified herein, a statement to this effect shall appear in the drawing notes:
(a) the gauge side of the nearest rail of the track serving the facility;
(b) the gauge side of the nearest rail of any main track or any track other than a track serving the facility and located within 20 feet of the storage facility;
(c) any building or other structure mentioned in paragraphs 12(a) to (d);
(d) boundary lines of the leased property upon which the storage facility is located;
(e) railway right-of-way boundaries;
(f) all structures located on the same site as the storage facility; and
(g) nearest fire hydrant or other source of water available for fire fighting purposes; indicate pressure and gallons per minute of water available at the hydrant nozzle and the approximate distance to the nearest fire department.
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