Fire Extinguishers

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Fire protection equipment must be provided on all powered mobile equipment and lift trucks that have an internal combustion engine adequate for the hazards of the equipment or vehicle.

Portable fire extinguishers are an important part of workplace fire safety. When used, portable fire extinguishers can save lives and reduce property damage by putting out the fire before it grows out of control. Portable fire extinguisher users should know when, how, and which type of extinguisher to use to fight a fire. Always alert others to the fire by pulling or activating the fire alarm. When using an extinguisher, use the PASS method – Pull the pin, Aim the hose, Squeeze to trigger or handle, and Sweep the base of the fire. If you feel that you cannot safely extinguish the fire, evacuate the area, and call the fire department.

Fires are grouped into classes depending on the material or substance present.

To fight the different classes of fires, there are different types of fire extinguishers, each with its own characteristics, capabilities, and limitations. Types of portable fire extinguishers include water, carbon dioxide, or dry chemical extinguishers. Always refer to the legislation, NFPA 10 “Standard for Portable Fire Extinguishers”, and manufacturer’s specifications when selecting the proper extinguisher(s) for the workplace and hazard.

Class A Ordinary combustibles (e.g., paper, wood, cloth, rubber, or plastics)
Class B Flammable liquids (e.g., gases, oil, paints, or lacquer)
Class C Energized (live) electrical equipment (e.g., motors, appliance, or power tools)
Class D Combustible metals (e.g., magnesium, titanium, sodium, or potassium)
Class K Combustible cooking oils or fats

This topic covers portable fire extinguishers and does not address other types of fire fighting equipment.

General Requirements

An employer must:

  • Provide adequate fire protection in the workplace.
    • An occupied workplace or enclosed structure must meet the protection described in the National Fire Code of Canada as adopted and modified by the Fire Safety Act and the Fire Safety Regulations.
    • A project must meet the protection described in National Building Code of Canada as adopted and modified by the Building Code Act and the Nova Scotia Building Code Regulations.
  • Inspect, maintain, and service all fire protection equipment following the manufacturer’s specifications.
  • Inspect all fire extinguishers annually, in addition to the manufacturer’s specifications.
  • Provide fire protection equipment on all powered mobile equipment and lift trucks that have an internal combustion engine adequate for the hazards of the equipment or vehicle.

Fire Marshal Inspection

A fire official may inspect any place where they have reasonable grounds to believe that the risk of fire poses an immediate threat to life or health and install a temporary safeguard such as a portable fire extinguisher.

Servicing Portable Fire Extinguishers

It is against Fire Safety Regulations to:

  • Sell or distribute (or be in possession with intent to sell or distribute) portable fire extinguishers unless it meets the requirements of the Fire Code.
  • Service or engage in the business of servicing portable fire extinguishers without a valid licence.

To receive a license, a person must apply to the Fire Marshal. The Fire Marshal may:

  • Issue a license with or without restrictions if the applicant is qualified to service portable fire extinguishers and the applicant pays the fee of $96.50.
  • Suspend or cancel a license if the person is no longer qualified to service portable fire extinguishers, or they are selling or servicing portable fire extinguishers that the Fire Marshal did not approve.
    • If the Fire Marshal suspends or cancels a license, a person may appeal the decision to the Board within 15 days of receiving notice.

A license is valid until the expiry date shown on the license (up to 3 years from the date it is issued) and may be renewed by paying the fee of $96.50.

These Regulations do not apply to:

  • Manufacturers that fill or charge portable extinguishers prior to its sale.
  • A fire department or person that only services their own portable fire extinguishers using their own maintained servicing facilities and their own trained personnel.
"Adequate" means sufficient to protect a person from injury or damage to health.
"National Fire Code" means the National Fire Code of Canada 2015 issued by the National Research Council of Canada, as amended, including all revisions, errata and corrections to the errata made by that body on or before March 1, 2019.
"National Building Code of Canada" means the National Building Code issued by the National Research Council.
Manufacturer’s specifications” means
(i)     the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and
(ii)    a manufacturer’s instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment.
"Lift truck" means a lift truck as defined in the latest version of ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks".
"Fire official" means, where authorized,
(i) the Fire Marshal,
(ii) a deputy fire marshal,
(iii) a provincial inspector,
(iv) a local assistant, or
(v) a municipal fire inspector,
as the case may be.
"Servicing" includes testing, inspecting, maintaining, repairing, filling, charging, refilling and recharging.
Person” includes a partnership, corporation, firm or association.
"Board" means the Fire Safety Appeal Board referred to in Section 40.
"Fire department" means an organization that provides fire-suppression services and
(i) is operated by a municipality,
(ii) is registered by a municipality pursuant to Section 294 of the Municipal Government Act, or
(iii) is designated as a fire department by the regulations.

Occupational Safety General Regulations
N.S. Reg. 44/99

Part 1 Title and Definitions

Section 2 Definitions

2. In these regulations,

(a) "Act" means the Occupational Health and Safety Act ;

(aa) "adequate" means sufficient to protect a person from injury or damage to health;

(b) "ALI" means the Automotive Lift Institute;

(ba) "angle of repose" means the angle with the horizontal at which material will no longer flow freely;

(c) "ANSI" means the American National Standards Institute;

(ca) "approved" means approved by the Department or by an agency or authority designated or selected by the Department to make approvals;

(d) "ASME" means the American Society of Mechanical Engineers;

(e) "ASTM" means the American Society for Testing and Materials;

(ea) "CGA" means the Compressed Gas Association;

(f) "CGSB" means the Canadian General Standards Board;

(g) "competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;

(ga) "compressed air" means air mechanically raised to a pressure higher than atmospheric pressure;

(h) "CSA" means the Canadian Standards Association;

(i) "demolition" means the destruction or removal of all, or part, of an existing building or structure;

(ia) "Department" means the Department of Labour and Advanced Education;

(j) "designated" means, in relation to an employer, appointed in writing by the employer;

(k) "electrical installation" means the wires, machinery, apparatus, appliances, devices, material and equipment used or intended for use for the generation, transmission, distribution, supply and use of electrical power or energy, and includes a power line and power line equipment;

(l) "engineer" means a person who is registered as a member or licensed to practise under the Engineering Profession Act and is competent to do the work being performed;

(m) "firefighter" means

(i) an employee who provides fire suppression services to the public from a fire department within a municipality or local service district, or

(ii) an industrial firefighter;

(n) "guardrail" means a fall protection system consisting of vertical and horizontal members that

(i) are capable of withstanding concentrated forces, as prescribed in these regulations or an applicable standard,

(ii) warn of a fall hazard, and

(iii) reduce the risk of a fall;

(o) "hazardous substance" means chemical or biological material, dangerous goods within the meaning of the Dangerous Goods Transportation Act or a controlled product within the meaning of the Hazardous Products Act (Canada) that is likely to, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;

(p) "hoist" means a device or equipment and its structure used for lifting or lowering material, including cranes, an automotive lift, a winch, a chain fall or other similar device, but does not include a lift truck, a power operated elevating work platform, a device to which the Elevators and Lifts Act applies or a hoist that operates in a shaft in the underground at a mine;

(pa) "ITSDF" means the Industrial Truck Standards Development Foundation;

(q) "industrial firefighter" means an employee who

(i) is designated to fight fires at the employee's place of employment, and

(ii) is employed by an employer who does not, in the normal course of its business, provide fire suppression services to the public;

(qa) "latest version" means, in relation to a standard or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;

(r) "lift truck" means a lift truck as defined in the latest version of ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks";

(s) "locked out" means to have

(i) isolated the energy source or sources from a machine, equipment, tool or electrical installation,

(ii) dissipated any residual energy in a system, and

(iii) secured the isolation of the energy source or sources by an inhibiting device that is operated by a key or other process,

and to have performed a "lock-out" has a similar meaning;

(t) "machine" Repealed. [N.S. Reg. 52/2000, s. 1]

(u) "manufacturer's specifications" means

(i) the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer's instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment;

(ua) "mobile crane" means a mobile crane to which the latest version of CSA standard CSA Z150 , "Safety Code on Mobile Cranes" applies;

(v) "NFPA" means the National Fire Protection Association;

(va) "overhead crane" means any mechanical device or structure that is used to raise, lower and move material that travels overhead and that incorporates a

(i) power driven drum, bridge and cable or rope,

(ii) single or multiple girder, and

(iii) moveable bridge carrying a moveable or fixed hoisting mechanism,

but does not include wall cranes, cantilever gantry cranes and semi-gantry cranes;

(vb) "personal flotation device" means personal protective equipment that is capable of supporting a person with their head above water without the direct effort of the person wearing the equipment;

(w) "power line" means the above-ground or underground wiring that is used to distribute electricity;

(x) "power line equipment" means the components that are required to distribute electricity by means of a power line;

(y) "power operated elevating work platform" means a mobile horizontal working surface that provides access and support to a person at a workplace, and that is elevated and lowered by means of a mechanism and [that complies with] Part 23: Scaffolds and Other Elevated Work Platforms, of the Workplace Health and Safety Regulations made under the Act, including a standard listed in subsection (4) thereof;

(z) "powered mobile equipment" means self-propelled equipment that is designed to operate on land in conditions other than a public highway, but does not include equipment primarily designed to transport persons, a lift truck or a power operated elevating work platform;

(aa) "SAE" means the Society of Automotive Engineers;

(ab) "structural fire-fighting" means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects constructed by human effort;

(ac) "surface mine" means a work or undertaking, other than a trench, for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel by means of an open excavation, and includes a pit or quarry;

(ad) "tower crane" means any mechanical device or structure that

(i) incorporates a power-driven drum and cable or rope and a vertical mast or tower and a jib,

(ii) is of the traveling, fixed or climbing type, and

(iii) is used exclusively for raising, lowering and moving material;

(ae)"trench" means an excavation in which the excavation depth exceeds the excavation width;

(af) "work area" means a location at the workplace at which an employee or self-employed person is or is likely to be working;

(ag) "worked" means drilled, blasted, extracted, excavated, loaded or subjected to other similar work.

[N.S. Reg. 52/2000, s. 1; 151/2003; 53/2013, ss. 1, 93]

Part 4 Ventilation, Lighting, Sanitation and Accommodation

Section 25 Fire protection and escape

25. (1) An employer shall ensure that adequate fire protection is provided in the workplace.

(2) An employer shall inspect, maintain and service the fire protection equipment required in subsection (1) in accordance with the manufacturer's specifications.

(2A) In addition to any requirements that the specifications under subsection (2) may impose respecting fire extinguishers, an employer must ensure that all fire extinguishers are inspected annually.

(3) In determining the type and quantity of fire protection required in subsection (1), an employer must consider all of the following:

(a) where the workplace is an occupied or enclosed structure, the requirements of the National Fire Code, as adopted and modified under the Fire Safety Act and the Fire Safety Regulations made under that Act;

(b) where the workplace is a project, the requirements of the National Building Code of Canada, as adopted and modified under the Building Code Act and the Nova Scotia Building Code Regulations made under that Act.

(4) Subject to any requirements in the legislation, regulations or codes referred to in subsection (3), unless each person present in the workplace has suitable keys to all doors that are required to be open to exit the premises, no person shall lock, bolt or bar a door while a person is present in the workplace, if doing so would prevent a person from exiting a work area.

(5) The requirements of subsection (4) do not apply to a room in which a legally restrained person is located and other means of protection from fire are provided.

[N.S. Reg. 53/2013, s. 18]

Part 7 Hoists and Mobile Equipment

Section 67 Precautionary arrangements

67. (1) Unless otherwise authorized by an enactment, no person shall operate a lift truck or powered mobile equipment with passengers on the truck or equipment, unless the manufacturer's specifications for the truck or equipment state that the truck or equipment is designed to accommodate them safely.

(2) An employer shall ensure that powered mobile equipment and lift trucks that have an internal combustion engine are provided with fire protection equipment adequate for the hazards of the equipment or vehicles.

(3) An employer shall

(a) ensure that mirrors or other devices are installed and maintained at blind intersections where there may be a danger of a collision between a lift truck or powered mobile equipment and another object or a person; or

(b) establish a written procedure that provides an equivalent level of safety.

[N.S. Reg. 52/2000, ss. 36, 37; 53/2013, ss. 31, 93]

FIRE SAFETY ACT
S.N.S. 2002, c. 6

Section 3

3. In this Act,

(a) "alteration" means alteration as defined in the regulations made pursuant to the Building Code Act and, for greater certainty, includes an addition;

(b) "appoint" means appoint in writing;

(c) "Board" means the Fire Safety Appeal Board referred to in Section 40;

(d) "building" has the same meaning as in the Building Code Act and regulations;

(e) "building inspector" means an inspector as defined in the Building Code Act for the municipality in which a building is, or is to be, located;

(f) "Council" means the Fire Safety Advisory Council established pursuant to this Act;

(g) "deputy fire marshal" means a person appointed as a deputy fire marshal pursuant to this Act;

(h) "designate" means designate in writing;

(i) "division" means a division of the Board as constituted pursuant to the regulations;

(j) "electrical installation" has the same meaning as in the Electrical Installation and Inspection Act ;

(k) "fire" includes an explosion;

(l) "fire brigade" means an organization that exists to perform fire-suppression and related activities, but does not include a fire department;

(m) "fire chief" means the senior official within, and in charge of, a fire department;

(n) "Fire Code" means the fire code adopted pursuant to this Act;

(o) "fire department" means an organization that provides fire-suppression services and

(i) is operated by a municipality,

(ii) is registered by a municipality pursuant to Section 294 of the Municipal Government Act, or

(iii) is designated as a fire department by the regulations;

(p) "fire hazard" means a situation, process, material or condition that

(i) on the basis of applicable data, may cause a fire or provide a ready fuel supply to augment the spread, intensity or impact of a fire, and

(ii) poses a threat to property or the health or safety of a person;

(q) "fire official" means, where authorized,

(i) the Fire Marshal,

(ii) a deputy fire marshal,

(iii) a provincial inspector,

(iv) a local assistant, or

(v) a municipal fire inspector,

as the case may be;

(r) "Fire Marshal" means the person appointed as the Fire Marshal pursuant to this Act;

(s) "fire-protection system" means a fire-alarm device, fire-alarm system or fire-extinguishing device or system, or a combination thereof, that is designed and installed for detecting, controlling or extinguishing a fire or alerting occupants, the fire-suppression service, or both, that a fire has occurred;

(t) "fire safety" means fire safety as described in Section 16;

(u) "fire suppression" means an organized emergency response for controlling and extinguishing fires;

(v) "former Act" means Chapter 171 of the Revised Statutes, the Fire Prevention Act;

(w) "land and premises" or "land or premises" includes a part thereof and buildings, structures and things situated on, or attached to, the land or premises;

(x) "local assistant" means a person who is a local assistant pursuant to this Act;

(y) "Minister" means the Minister of Municipal Affairs;

(z) "municipal fire inspector" means a person appointed by a municipality as a municipal fire inspector pursuant to this Act;

(aa) "municipality" means a regional municipality, incorporated town or municipality of a county or district;

(ab) "owner" includes

(i) a person controlling land or premises or the activity on the land or premises,

(ii) prima facie the assessed owner of land or premises whose name appears on the assessment roll prepared in accordance with the Assessment Act, and

(iii) where land or premises are owned or leased by Her Majesty in right of the Province, prima facie the Department of Transportation and Public Works;

(ac) "provincial inspector" means a person designated as a provincial inspector pursuant to this Act;

(ad) "qualified" means acceptable to the Fire Marshal.

[S.N.S. 2014, c. 34, s. 9]

Section 28

28. (1) Where the Fire Marshal, a deputy fire marshal, a local assistant or a fire chief or other officer of a fire department in charge of directing fire-suppression activities has reasonable grounds to believe that a risk of fire poses an immediate threat to the life of a person, the fire official may, without a warrant and at any time, enter upon and inspect land or premises and may

(a) call upon a police officer;

(b) use such force as is necessary,

to make the entry or exercise the powers authorized by this Section.

(2) On an entry pursuant to subsection (1), a fire official may

(a) remove persons from the land or premises;

(b) order orally, or in writing, that no person, other than a person permitted by the fire official making the entry, shall be permitted to be, or be, present on the land or premises identified in the order until the fire official otherwise orders;

(c) post a fire watch;

(d) remove combustible or explosive material or anything that might constitute the source of the immediate threat;

(e) eliminate ignition sources;

(f) install temporary safeguards, including portable fire extinguishers and smoke alarms;

(g) make minor repairs to existing fire-protection systems;

(h) do anything that the fire official reasonably believes is required to remove or reduce the threat to life.

(3) On an entry pursuant to subsection (1),

(a) subsections 23(3), (7), (8) and (10) apply; and

(b) in addition to the powers authorized by this Section, the fire official may exercise the powers contained in subsections 23(4) and (5) and clauses 23(6)(a), (b), (d), (g) and (h), that the official has reasonable grounds to believe are required to remove or reduce the threat to life,

and the provisions of Section 23 referred to in this subsection shall be read as if they referred to an entry or activity under this Section.

(4) A fire official who exercises any of the powers contained in subsection (2) shall promptly thereafter

(a) give notice in documented form to an owner, if the owner's whereabouts in the Province are known; and

(b) post a copy of the notice in a conspicuous place on the land or premises that

(i) describes the location of the land or premises,

(ii) states the reason for the entry, and

(iii) states the things done pursuant to subsection (2) to remove or reduce the threat to life.

Section 40

40. Except as otherwise provided by the regulations, the Nova Scotia Utility and Review Board established pursuant to the Utility and Review Board Act is the Fire Safety Appeal Board for the purpose of this Act.

Fire Safety Regulations
N.S. Reg. 48/2003

Part 2 General Fire Safety Provisions

Section 20 Exemptions

20. Sections 21 to 24 do not apply to

(a) the filling or charging of a portable fire extinguisher by its manufacturer prior to its sale; or

(b) a fire department or person that services only their own portable fire extinguishers for their own use by maintaining their own servicing facilities and using their own personnel specially trained for servicing portable fire extinguishers.

Section 21 Prohibitions

21. No person may sell or distribute or have in their possession for the purpose of sale or distribution a portable fire extinguisher unless it meets the requirements of the Fire Code.

Section 23 Issue of licence

23. (1) A person may apply to the Fire Marshal for a licence.

(2) The Fire Marshal may issue a licence with or without restrictions if

(a) the Fire Marshal determines that the applicant is qualified to service portable fire extinguishers in accordance with the Fire Code; and

(b) the applicant pays a fee of $96.50.

(3) A licence is valid until the expiry date shown on the licence, for a term of up to 3 years from the date it is issued, unless suspended or cancelled sooner.

(4) A license that has expired or is about to expire may be renewed upon payment of the fee prescribed in clause (2)(b).

[N.S. Reg. 67/2004, s. 3; 194/2006, s. 4; 103/2007, s. 3; 161/2008; 103/2009, s. 3; 76/2011, s. 3; 102/2013, s. 3; 101/2015, s. 3]

Section 24 Suspension or revocation of licence

24. (1) The Fire Marshal may suspend or revoke a licence if the licensee

(a) is no longer qualified to service portable fire extinguishers; or

(b) is selling or servicing portable fire extinguishers that have not been approved by the Fire Marshal.

(2) A person whose licence is suspended or revoked under subsection (1) may appeal in writing to the Board within 15 days after notice of the suspension or revocation is served on the person.