Pressure Equipment Regulations (Legal Requirements For Pressure Vessels, Piping Etc.)
Pressure Equipment Regulations (Legal Requirements For Pressure Vessels, Piping Etc.)
No.32395
GOVERNMENT NOTICE
DEPARTMENT OF LABOUR
No. R. 734
15 July 2009
1.
means
a written
declaration
of conformance to
these
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"design pressure" means the gauge pressure used in the design formulae to
determine the dimensions of the component parts of the pressure equipment;
"design temperature" means the temperature used in the design formulae to
determine the dimensions of the component parts of the pressure equipment;
"design verification" means verification that .. the pressure equipment
complies with the applied design of the relevant health and safety standard
and the requirements of these Regulations;
"fire extinguisher" means a rechargeable container which has a fire
extinguishing substance that is expelled by the action of internal pressure for
the purpose of extinguishing a fire;
"fluid" means gases, liquids, vapours in pure phase and mixtures thereof and
may contain solids in suspension;
"gas" means gases, liquefied gases, gases dissolved under pressure,
vapours, and those liquids whose vapour pressure at the design temperature
is greater than 50 kPa above normal atmospheric pressure;
"gas system" means an assembly of tubes, pipes or similar ducts, fittings
and valves for the reticulation, circulation and conveyance of a gas, excluding
a pressure vessel or transportable gas container connected to the system;
"latent defect" means a fault inherent in pressure equipment, resulting from
deficiencies in the design or manufacturing process that may cause a health
and safety risk;
"manufacturer" means any person who has overall control and is
responsible for the construction of the pressure equipment;
"modification" means any change to the original design conditions of
pressure equipment, including re-rating, or the addition or removal of
elements that could affect the integrity of the pressure equipment, and
"modify" has a corresponding meaning;
"non-metallic" means glass, thermoplastic or thermosetting polymeric
reinforced and un-reinforced materials or combinations thereof;
"pipeline" means piping or a system of piping designed for the transport and
distribution of any fluid from an installation that is onshore or offshore, starting
from and including the last isolation device located within the confines of the
installation, including all the auxiliary equipment designed specifically for that
pipeline;
"piping" means pipes, tubes or flexible pressure hose elements intended for
the transport or distribution of any fluid at a pressure of 50 kPa or above when
connected together for integration into a system, including heat exchangers
consisting of pipes for the purpose of cooling or heating air;
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"SANS 347
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"SANS 10227" rneans the Standard Specification for the criteria for the
operation of inspection authorities performing inspection in terms of the
Pl'essure Equipment Regulations, SANS 10227, published by the South
Bureau of Standards;
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"SANS 10228" means the Standard Specification for the identification and
classification of dangerous goods for transport, SANS 10228, published by
the South African Bureau of Standards;
"SANS 10254" means the Standard Specification for the installation,
maintenance, replacement and repair of fixed electric storage water heating
systems. S,t\NS 10254. published by the South African Bureau of Standards;
SANS/ISO 17020" means the Standard Specification for general criteria for
the operation of various types of bodies performing inspection, SANS 17020,
published by the South African Bureau of Standards:
"steam generator" means any apparatus to convert water continuously into
steam at a pressure higher than that due to the atmosphere and where the
heat ;s derived from a source other than steam, and includes any super
heater or economiser which is an integral part of a steam generator or is
separately fired there from, fired steam and hot-water boilers, waste-heat
boilers, waste-incineration boilers, and electrode or immersion-type
electrically heated boilers;
"the Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of
1993);
"transportable gas container" means any refillable vessel for the storage
and conveyance of liquefied, dissolved or compressed gases, of water
capacity from 0,5 litres to 3000 litres;
"unique mark" means the mark and accreditation reference number of the
approved inspection authority_
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Scope of application
2.
(1)
These Regulations shall apply to the design, manufacture,
operation, repair, modification, maintenance, inspection and testing of
pressure equipment with a design pressure equal to or greater than 50 kPa, in
terms of the relevant health and safety standard incorporated into these
Regulations under section 44 of the Act.
(2)
Regulations 3, 4, 5, 9(1), 9(2) and 9(3) shall not apply to pressure
equipment in use or on order prior to the publication of these Regulations,
which equipment shall be designed and constructed according to the
requirements applicable at the time of order.
(3)
The following pressure equipment shall be excluded from these
Regu lations:
(a)
(b)
aerosol dispensers;
(c)
(d)
(ii)
(e)
(f)
(g)
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(h)
General requirements
3.
(1)
Any person who manufactures, imports, sells, offers or supplies
any pressure equipment described in these Regulations for use in the
Republic shall ensure that such equipment complies with these Regulations.
(2)
Any person who erects or installs any pressure equipment for use in
the Republic shall ensure, as far as is reasonably practicable, that it is erected
or installed in a safe manner and without risk to health and safety when
properly used.
(3)
All pressure equipment for use in the Republic shall be categorized and
submitted to the applicable conformance assessments of SANS 347 in
addition to the requirements of the relevant health and safety standard
incorporated into these Regulations under section 44 of the Act.
Duties of manufacturers
4.
(1)
The manufacturer shall have an obligation to ensure that all
equipment designed and manufactured for use in the Republic shall be
conformity assessed and subjected to the requirements set out in SANS 347.
(2)
Subject to the requirements set out in the relevant health and safety
standard incorporated into these Regulations under section 44 of the Act, the
manufacturer shall ensure that the pressure equipment as manufactured,
modified, inspected, tested or repaired is safe and without risks to health
when properly used.
(3)
Subject to the requirements of this regulation a manufacturer shall
issue a certificate of manufacture for all pressure equipment supplied, with a
verification signature by an approved inspection authority when so required.
(4)
Subject to the requirements of this regulation a manufacturer shall
comply with any other duty assigned to the manufacturer in these
Regulations.
(5)
A manufacturer who determines that pressure equipment in use has a
latent defect shall advise the chief inspector in writing forthwith thereof and of
measures being taken to correct the defect.
Duties of importers and suppliers
5.
(1)
Importers and suppliers shall ensure that pressure equipment
sold complies with the requirements of these Regulations.
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(2)
The importer shall assume the liability of the manufacturer in terms of
these Regulations.
(3)
Any pressure equipment that requires a permit to be issued by an
organisation approved by the chief inspector shall ensure that such approval
is obtained by the importer or manufacturer before the pressure equipment is
placed in the market: Provided that such equipment shall comply with the
relevant health and safety standard incorporated into these Regulations under
section 44 of the Act.
.
Duties of users
6.
(1)
The user shall ensure that the pressure equipment is operated
and maintained within its design and operating parameters.
(2)
The user shall, subject to the relevant health and safety standard
incorporated into these Regulations under section 44 of the Act
(a)
(b)
(c)
(d)
(e)
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7.
(1)
Only an organisation holding an approval certificate from the
chief inspector shall perform the duties of an approved inspection authority
within the scope of accreditation.
(2)
An application for approval in terms of subregulation (1) shall include
the applicant's proof of accreditation prescribed by paragraph (a) or (b) of
subregulation (3), including full contact details and address.
(3)
(b)
(ii)
(4)
Imported pressure equipment stamped by an ASME authorised
manufacturer in compliance with the full ASME Code of Construction shall be
deemed to meet the requirements of these Regulations.
(5)
In the event of a dispute of a technical or safety issue, which could not
be reasonably resolved between an approved inspection authority and any
interested party, including the user, modifier, repairer or manufacturer, an
interested party may refer the case to the chief inspector in writing for
arbitration, setting out the full details of the dispute.
(6)
Upon receiving such a dispute in terms of subregulation (5), the chief
inspector may appoint an arbitrator mutually agreed upon between the
parties.
(7)
A case referred to the chief inspector in terms of subregulation (5) shall
be investigated and arbitrated within a maximum of 90 days.
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(8)
An approved inspection authority shall ensure compliance with all the
duties assigned to an approved inspection authority in these Regulations
within its scope of accreditation and the relevant health and safety standard.
Registration of a steam generator
8.
(1)
No user may use a steam generator unless such user IS In
possession of a certificate of registration issued in terms of subregulation (3)
for that steam generator.
(2)
Application for registration to use a steam generator shall be made
prior to use to the provincial director in the form of Annexure 2. including
copies of a certificate from the manufacturer and from the approved
inspection authority after installation prior to commisSioning: Provided that this
subregulation shall not apply in respect of the re-erection of a steam
generator on the same premises.
(3)
On receipt of an application for registration in terms of subregulation
(1). the provincial director shall forward that application to an inspector who
may issue a certificate of registration in the form of Part C of Annexure 2 in
respect of that steam generator, subject to the conditions that may be
speci'fied on the certificate.
(4)
Any user of a steam generator for which a certificate of registration has
been issued shall cause the certificate of registration to be made available on
request to an inspector or an approved inspection authority.
(5)
A user shall. within seven days after discovering that the certificate of
registration has been lost, defaced or destroyed. apply to the provincial
director in the form of Part A of Annexure 2 for the issue of a duplicate
certificate, and affix the fee of R100,00 in the form of uncancelled revenue
stamps to such an application.
(6)
On receipt of an application in terms of subregulation (5), the provincial
director shall issue the duplicate certificate if he or she is satisfied that the
original certificate has been lost, defaced or destroyed.
(7)
A user of a steam generator shall immediately notify the provincial
director in writing when
(a)
(b)
(c)
(8)
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(a)
(b)
upon the transfer of the right of control over the use of the steam
generator to another user; or
when a steam generator is removed from the premises reflected
on its certificate of registration.
Name of manufacturer;
(b)
country of origin;
(c)
year of manufacture;
(d)
(e)
(f)
(g)
(h)
(i)
G)
(3)
In the case of composite pressure equipment the following information
shall be included in addition to that referred to in subregulation (2):
(a)
(b)
(c)
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(4)
No person may remove a marking or data plate referred to in this
regulation or wilfully damage or alter the particulars marked thereon, except
as provided in this regulation.
(5)
A user shall ensure that any modification that changes the original
design conditions is identified by affixing an additional data plate.
(6)
A user shall ensure that a data plate is affixed to any steam generator
or pressure vessel that has been re-certified: Provided that where the
manufacturer is unknown, the user responsible for the re-certification shall be
deemed to be the manufacturer.
Pressure and safety accessories
10.
(1)
No user may require or permit pressure equipment to be used
unless it is provided with all the pressure and safety accessories required by
the relevant health and safety standard which is incorporated into these
Regulations under section 44 of the Act and used in the design, construction
and manufacture of such pressure equipment: Provided that alternative safety
accessories other than those required by the standard may be fitted with the
written approval of an approved inspection authority.
(2)
In the absence of a requirement referred to in subregulation (1) in the
relevant health and safety standard which is incorporated into these
Regulations under section 44 of the Act and used in the design, construction
and manufacture of such pressure equipment, safety accessories shall be
provided by the user as required by the approved inspection authority and
those safety accessories shall be so selected, arranged and installed as to be
safe for the particular purpose for which the pressure equipment is to be used.
(3)
Every user of a steam generator or pressure vessel shall ensure that
the steam generator or pressure vessel in use is fitted with at least one
pressure measuring device.
(4)
Every user of a steam generator or pressure vessel shall ensure that
the steam generator or pressure vessel in use is fitted with at least one safety
valve and that safety valve is kept locked, sealed or otherwise rendered
inaccessible to any unauthorised person.
(5)
The number and capacity of the safety valve referred to in
subregulation (4) shall comply with the requirements of the design standard
for the steam generator or pressure vessel or as required in terms of
subregulation (2).
(6)
Every user shall ensure that the automatic controls and indicators of a
steam generator, pressure vessel or piping are arranged, installed,
maintained and operated in accordance with the relevant health and safety
standard which is incorporated into these Regulations under section 44 of the
Act and used in the design and manufacture of the steam generator, pressure
vessel or pressurized system: Provided that in the absence of such
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provisions, where automatic controls and indicators are installed, they shall be
selected, arranged and installed subject to the written approval of an
approved inspection authority.
Inspection and test
11.
(1)
Subject to the requirements of the relevant health and safety
standard incorporated into these Regulations under section 44 of the Act, the
user shall cause
(a)
(b)
(c)
(d)
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(2)
Where it is impracticable to use a liquid for the hydraulic pressure test
referred to in subregulation (1)(d) or (e), the test may, subject to the prior
written approval of an approved inspection authority, be carried out with an
inert gas to a pressure of 1,1 times the design pressure: Provided that, where
reasonably practicable, the test shall be preceded by an internal inspection
and any conditions and precautionary measures determined by the user and
approved by the approved inspection authority.
(3) Where an inspection or test carried out in terms of subregulation (1)(c),
(d) and (e) reveals any weakness or defect whereby the safety of persons
may be endangered, the weakness or defect shall be reported forthwith to the
user by the person carrying out the inspection or test and the user shall
forthwith cease the use of the pressure equipment until such weakness or
defect has been rectified to the satisfaction of the person who carried out the
inspection and the approved inspection authority concerned in cases of
modifications or repairs, as the case may be, or the steam generator,
pressure vessel or storage vessel has been re-rated to the satisfaction of the
approved inspection authority_
Risk-based inspection
12.
(1)
The user may, as an alternative to the in-service inspection and
testing interval requirements referred to in regulation 11 (1 )(d), implement a
risk-based inspection management system in accordance with the relevant
health and safety standard incorporated into these Regulations under section
44 of the Act.
(2)
A risk-based inspection process and implementation shall be verified
by a certification body accredited by the accreditation authority in terms of ISO
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(b)
(c)
(d)
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Records
14.
(1)
Every user of pressure equipment shall keep a record, which
shall be open for inspection by an inspector, in which the certificate of
manufacture, and the results, after manufacturing, of a" inspections, tests,
modifications and repairs shall be recorded.
(2)
When pressure equipment is sold, the manufacturer shall ensure that it
is accompanied, where relevant, with instructions for the user, containing a"
the necessary safety information relating to
(a)
(b)
(c)
Provided that those instructions shall cover information affixed to the pressure
equipment in accordance with these Regulations and the relevant health and
safety standard incorporated into these Regulations by section 44 of the Act,
with the exception of serial identification, and be accompanied, where
appropriate, by technical documents, drawings and diagrams that are
necessary for a full understanding of the instructions: Provided further that, if
appropriate, the instructions shall also refer to hazards arising from misuse of
the pressure equipment.
(3)
The manufacturer shall keep the original manufacturing records of the
pressure equipment for a minimum period of 12 years.
Access
15.
The user shall cause pressure equipment to be erected and maintained
in such a manner that access to and exit from any chamber, flue, manhole,
inspection opening, control or accessory is safe and unobstructed.
Door interlocks
16.
(1)
Any user of pressure equipment shall cause such pressure
equipment which for operational purposes is equipped with a quick-actuating
opening, to be provided with an interlock or other effective means for
preventing
(a)
(b)
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17.
(1)
No person shall
(a)
(b)
(c)
(d)
(2)
After installation or re-installation. and before commissioning a gas
system. the user shall ensure that an external inspection and a leak test are
performed by an authorised person or an approved inspection authority as
applicable in terms of subregulation (1 )(c).
An authorised person or an approved inspection authority shall issue a
(3)
certificate of conformity after completion of a gas installation. modification.
alteration or change of user or ownership in the form of Annexure 1.
Transportable gas containers
18.
(1)
No user shall
container to be used, and no
repair, inspect or test any
compliance with the relevant
under section 44 of the Act.
(2)
The inspection and test referred to in subregulation (1) shall be carried
out by an approved testing station.
(3)
Applications for approval of a testing station shall include proof of
accreditation as prescribed in subregulation (4), and shall include full contact
details and address information.
(4)
The chief inspector's approval is subject to a valid accreditation
certificate issued by the accreditation authority: Provided that the chief
inspector may set additional requirements before granting approval.
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Fire extinguishers
(1)
No user shall use, require or permit the use of a fire extinguisher
19.
unless designed, constructed, filled, recharged, reconditioned, modified,
repaired, inspected or tested in accordance with the relevant safety standard
incorporated into these Regulations under section 44 of the Act.
(2)
No person shall fill, recharge, recondition, modify, repair, inspect or test
any fire extinguisher unless such person is an authorised person employed by
a permit holder: Provided that a permit is issued by an organisation approved
by the chief inspector.
(3)
Applications for approval shall include proof of accreditation as
prescribed in subregulation (4), and shall include full contact details and
address information.
(4)
The chief inspector's approval shall be subject to a valid accreditation
certificate issued by the accreditation authority: Provided that the chief
inspector may set additional requirements before granting approval.
Offences and penalties
20.
(1)
Any person who contravenes or fails to comply with any of the
provisions of regulations 3, 4, 5,6, 7(1), 7(2), 8(1), 8(2), 8(3), 8(4), 8(5), 8(7),
9,10,11(1).11(3),12(2). 13, 14, 15, 16, 17, 18(1), 18(2), 19(1) and 19(2)
shall be guilty of an offence and liable upon conviction to a 'fine or to
imprisonment for a period not exceeding 12 months and, in the case of a
continuous offence, to an additional 'fine of R200,OO for each day on which the
offence continues or additional imprisonment of one day for each day on
which the offence continues: Provided that the period of such additional
imprisonment shall not exceed 90 days.
Repeal of regulations and annexures
21.
The Vessels under Pressure Regulation, 1996, published under
Government Notice No. R. 1591, dated 4 October 1996, is hereby repealed.
Short title
22.
These Regulations shall be called the Pressure Equipment
Regulations. 2009, and shall come into effect on 1 October 2009: Provided
that approved inspection authority for in-service inspections shall come into
effect on 1 April 2011 on condition that the inspection shall be carried out by
an authorised person.
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Annexure 1
I,
, declare that I am an authorised
number _ _ __
Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Telephone number (
) _ _ _ _ _ _ __
Name of building _ _ _ _ _ _ _ _ _ _ __
Name of farm _ _ _ _ _ _ _ _ _ _ _ __
Number of farm
Township/Municipality/District _ _ _ _ _ __
Name of gas supplier _ _ _ _ _ _ _ _ _ _-'Typeofgas _______________
Amount of gas stored on premises
kg
---------------=---------
and that, in terms of regulation 17(3), the installation complies with the
provisions of 17(2) and that the installation is safe.
I am aware that I am liable,to prosecution in the case of a false declaration.
Signature
Date
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Annexure 2
Tel. _ _ _ _ _ __
Fax - - - - - - I (user) (legal persona)
hereby apply for a registration/duplicate
registration certificate of a steam generator, particulars of which are reflected in Part B below.
Signature of applicant
Date
Designation of applicant
B.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
--------------
a~choo
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No.32395
C.
The steam generator, the particulars of which appear in Part B, has this day _ _ _ __
_ _ _kPa.
Signature of inspector
Official stamp
Date.______
Revenue stamps for duplicate
certificate