Oil Tank Certification Requirements

Basic Information about your oil tank

1.    Oil tanks installed prior to 1971 are grandfathered and are “deemed” to be approved.
2.    All oil tanks installed after 1971 are required to be ULC approved.
3.    Oil tanks are to be inspected annually by TSSA certified fuel oil burner technician, and a comprehensive examination every ten years
4.    90 day period may be granted for correction of defect if not considered an immediate hazard
5.    If your oil tank is not in compliance your distributor can not deliver oil.In June 2001 Ontario enacted the Technical Standards and Safety Act, which designates two main documents for management of residential fuel oil storage systems, including Ontario Regulation 213/01 – Fuel Oil, and the Fuel Oil Code Adoption Document. The Regulation identifies two kinds of fuel oil storage tanks: aboveground fuel oil storage tanks and underground fuel oil storage tanks, defining them as follows:”aboveground tank” means a tank that is installed at or above grade level within a building or within a secondary containment, but does not include a tank that is in direct contact with backfill material “underground tank” means a buried tank or partially buried tank that is in direct contact with earth or backfill; Several highlights from these documents include: Fuel oil distributors are now required to inspect fuel oil systems and be satisfied with the installation and conditions of the fuel oil system.

Hazardous conditions must be repaired prior to filling storage tanks with oil.

Several changes regarding USTs (Underground Storage Tanks) include: – Fuel oil distributors are not permitted to supply oil to USTs that have not been registered with the Technical Standards and Safety Authority,- Existing UST installations must be upgraded with significant changes such as double walled USTs with overfill/corrosion/leak protection systems. In most cases, these upgrades will likely be cost prohibitive and the installation of an AST will be preferred from an economic perspective, or Existing UST installations that are not upgraded (as described above) will require removal between the years 2006 and 2009, depending on the tank age. USTs that have been out of service for 2 years also require removal. Assessment reports that document the extent of any fuel oil contamination and environmental cleanup must now be provided to Ministry of Environment.

All fuel oil storage tanks are required to undergo annual maintenance performed by a Technical Standards and Safety Authority (“TSSA”) certified oil burner technician. The TSSA adopted the Canadian Standards Association International’s Installation Code for Oil Burning Equipment, B139-00 as amended, which outlines the annual examination requirements.

The required annual examinations are not automatic, and it is the owner’s responsibility to arrange for such maintenance examinations every year. Additionally, all existing fuel oil storage tank and appliances are required to undergo a comprehensive inspection by the Fuel Oil distributor at least once every ten years in order to ensure compliance with the regulations and code.

The regulation prohibits the sale or purchase of a fuel oil storage tank unless it is approved. The Regulation defines “approved” as:(a) with respect to a standard or a laboratory test report, that it is listed in “Titles of Standards and Laboratory Test Reports Authorized in the Province of Ontario” as published by the designated administrative authority from time to time,

(b) with respect to an appliance, tank, equipment, component or accessory, that it bears the label or symbol of a designated testing organization or a label or symbol authorized by the director, certifying that it complies with an approved standard or laboratory test report, or

(c) with respect to an installation, that it complies with this Regulation.If a fuel oil storage tank is in such an unacceptable condition that it constitutes an immediate hazard, a distributor who finds or is informed of this is under a duty to:immediately cease supplying fuel oil;immediately take reasonable steps to shut off supply of the fuel oil;promptly give written notice of the condition to its operator stating that it is not to be used until the condition is corrected and approved by an inspector;affix such written notice to the fuel oil storage tank; and give notice to the TSSA.

If the distributor finds or is informed that the fuel oil storage tank is in an unacceptable condition but is not an immediate hazard, the distributor must notify the operator with a description of the condition and a notice that the distributor will cease supplying fuel oil until the condition is corrected. Similarly, such written notice must be affixed to the fuel oil storage tank and a copy forwarded to the TSSA.

The distributor cannot give more than 90 days for the condition to be corrected. If the condition is not corrected within the time specified in the notice, the distributor cannot supply fuel oil to the fuel oil storage tank.Contractors (i.e. a person who installs, removes, repairs, or services fuel oil appliances) have a similar duty in such situations.

All components installed in Ontario must be approved for their purpose. The requirements for tanks to be certified by ULC did not take place until after 1971. Some tanks were installed at the same time as the house was built and may not have been replaced since. These tanks may be grand fathered if the house was built prior to 1971. Prior to the inception of the CSA Installation Code for Oil Burning Equipment in 1971, there was not a national standard that outlined minimum requirements for use during the manufacturing process of aboveground fuel oil tanks. Therefore, your tank is grand fathered and deemed approved. The complete documentation may be found on TSSA web site.

Note:  Many insurance companies policies regarding oil tanks are more prohibitive than TSSA.   Check with your insurance company regarding their policies before completing real estate transaction.