5.3 Unacceptable Conditions, Warning Notices & Red Tag Procedures

Every certificate holder who finds an unsafe gas installation has a statutory duty to act. The procedure is set out in O. Reg. 212/01 (Gaseous Fuels) ss. 13–14, with matching provisions for propane in O. Reg. 211/01 ss. 19–20. The trade calls the result "red tagging"; the regulation calls it giving notice of an unacceptable condition.

1. What Is an Unacceptable Condition?

Section 13(1) of O. Reg. 212/01 defines an unacceptable condition as:

1. an appliance, container or work being used for a purpose other than the one it was approved for;
2. an alteration to, or deterioration of, an appliance, container or work that is likely to impair its safe operation; or
3. a condition of the piping, tubing or hoses, the venting of combustion products, the combustion air supply, or the clearance to combustibles that is likely to impair safe operation—or an appliance or work that does not meet the regulation (or, if older, the rules in force when it was installed).

The technician then decides whether the condition constitutes an immediate hazard. That judgement drives everything that follows.

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2. Immediate Hazard — O. Reg. 212/01 s. 13

Duties of the certificate holder (s. 13(3))

A holder of a certificate or record of training (ROT) who finds an unacceptable condition that constitutes an immediate hazard must:

1. immediately shut off the gas supply to the appliance or work;
2. promptly give oral notice of the shut-off to the distributor;
3. promptly give written notice to the user describing the hazard and directing that the appliance or work not be used until the condition is corrected;
4. within 14 days, give written notice to the distributor, including notice that the supply has been shut off; and
5. affix a notice containing the information given to the user to the appliance or work.

Duties of others

• A distributor that finds the condition must immediately shut off the gas, promptly notify the user in writing, and affix a notice (s. 13(2)).
• The owner or user must not use the appliance until the condition is corrected (s. 13(4)) and must tell the distributor within 14 days after it is corrected (s. 13(5)).
• Removing the notice: only a person holding a certificate for that purpose may remove it; they endorse their certificate number, name and address on it and send it to the distributor by registered mail or deliver it (s. 13(6)).

Typical immediate hazards

• A gas leak in piping, fittings or an appliance gas train
• A cracked or perforated heat exchanger leaking combustion products into the air stream (CSA B149.1 Clause 4.21 covers defective heat exchangers)
• A disconnected, collapsed or blocked vent, or a draft hood spilling continuously
• A bypassed, jumpered or inoperative safety control (limit, rollout switch, flame safeguard)
• Under the Ontario CAD (clause 7.1.13, Annex Q), a residential natural-draft boiler of 300,000 Btu/h or less whose flue CO, measured upstream of the draft control device, stays above 100 ppm after corrective work

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3. Unacceptable Condition With No Immediate Hazard — s. 14

Duties of the certificate holder (s. 14(3))

1. Immediately give oral notice of the condition to the distributor that supplies the gas;
2. immediately give written notice to the user, describing the condition and stating that the distributor has been notified;
3. give written notice to the distributor within 14 days of finding the condition; and
4. affix a notice with the same information to the appliance or work.

The gas stays on; the technician does not shut the appliance down.

What the distributor does (s. 14(1)–(2))

The distributor notifies the user in writing and sets a deadline for the contractor to report the correction—no more than 90 days. If the condition is not corrected within that period, the distributor must shut off the gas to the appliance or work. After the deadline the owner may not use the appliance until it is corrected (s. 14(4)), and the notice may be removed only by an appropriate certificate holder (s. 14(5)).

Typical non-immediate conditions

• A missing dirt pocket on an appliance drop
• A residential appliance shut-off valve without the identifying tag or sign required by the Ontario CAD (clause 6.18.2)
• Piping supports spaced farther apart than Table 6.2 allows, with no sag or strain
• A non-compliant B-vent installed outdoors that meets the CAD's interim conditions (clause 8.17.3)—the CAD treats it as an unacceptable condition with no immediate hazard that must be corrected within 90 days

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4. Occurrences Are Different — s. 12

If it appears that carbon monoxide poisoning, asphyxiation, an explosion or a fire has occurred because of the use, storage or handling of gas, a certificate holder, ROT holder, contractor or distributor must forthwith notify a TSSA inspector. Nobody may disturb the wreckage or scene except for public safety, saving life, relieving suffering, continuity of service or preserving property, and nothing may be carried away without the inspector's permission.

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5. The G.3 Technician's Position

The duty in ss. 13(3) and 14(3) applies to any holder of a certificate or ROT, so a G.3 who finds an unacceptable condition must act on it. Involve the supervising G.1, G.2 or DA holder, but do not leave an immediate hazard operating while waiting for them. Customer pressure, cold weather or a promise to "fix it next season" never changes the legal duty.

Documentation that holds up

Record the clause or rule, what you observed, what you did, and who you notified and when.

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Summary Comparison