S.I. No. 804/2007 - Stores for Explosives Order 2007

0. 1-25

0

25-300

1

300-340

2

340-370

3

370-400

4

400-450

5

450-500

6

500-550

7

550-600

8

600-650

9

650-700

10

700-750

11

750-800

12

800-900

13

900-950

14

950-1000

15

1000-1100

16

1100-1150

17

1150-1200

18

1200-1300

19

1300-1350

20

1350-1400

21

1400-1450

22

1450-1550

23

1550-1600

24

1600-1650

25

1650-1700

26

1700-1800

27

1800-1850

28

1850-1900

29

1900-2000

30

Table 10: Separation distance between explosives store and controlled substance

1

2

3

4

5

6

Quantity ofexplosive

Distance where controlled substance is AN passing the detonation resistance test or an AN blasting intermediate in UN 3375 (mounded store)

Distance where controlled substance is AN passing the detonation resistance test or an AN blasting intermediate in UN 3375 (unmounded store)

Distance where controlled substance is AN not passing the detonation resistance test or an AN blasting intermediate not in UN 3375 (mounded store)

Distance where controlled substance is AN not passing the detonation resistance test or an AN blasting intermediate not in UN 3375 (unmounded store)

Minimumthickness ofartificialmound

(kg.)

(m)

(m)

(m)

(m)

(cm)

Under 50

1

5

3

20

30

50-100

1

7

4

23

30

100-200

1

8

5

29

30

200-500

2

11

7

41

30

500-1000

2

15

9

55

30

1000-2000

3

19

11

68

40

Note: In this Table, “AN” means ammonium nitrate.

GIVEN under the Official Seal of the Government,

11 December 2007

BERTIE AHERN

Taoiseach

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order regulates the licensing, construction, operation, separation distances, fire and explosion assessment and safety measures associated with stores for explosives as licensed by the local authorities.

This Order revokes and replaces the Stores for Explosives Order, 1955 (

S.I. No. 42 of 1955

).

1 Location: Scaled maps should accompany the application, one of scale 1:2500, showing the entire site and all occupied buildings, roads, factories, etc. within 1000m of the site and a block plan of scale 1:500 (approx), showing actual store (outlined in red) and remainder of the site under the control or ownership of the applicant, and a plan of the actual store of scale 1:50.

2 Construction requirements are specified in the Order. PM 82 is an electrical specification for explosives buildings.

3 Proper shipping names, UN number and hazard code can be obtained from the manufacturer or the Competent Authority Document, which classifies explosives for transport. For definitions and infomation on hazard types, see Articles 3 and 4 of Order.

4 See Schedule 4 of Order for tables and explanations of separation distances.

5 See Article 3 of, and Schedule 4 to, Order for explanation of reference zone.

6 This should be determined by a physical survey, using scaled map as reference.

7 This quantity is normally the net explosive mass in kg, and the maximum quantity permitted depends on available separation distances. To calculate the maximum permitted quantity, proceed as follows, in accordance with Schedule 4 of the Order, for each hazard type of explosives proposed to be stored:a. Select correct table depending on store construction and hazard type.b. Use appropriate line for proposed quantity of explosives.c. Ascertain whether high-density or low-density distance is appropriate, having regard to paragraphs 3 to 6 of Schedule 4.d. Compare required separation distance from table against actual available distance.e. If required distance exceeds available distance, reduce proposed quantity of explosives until available distance equals or exceeds required distance.f. The quantity so ascertained is the maximum permitted quantity.

8 Submit form with maps and fee to Secretary of local authority, with copies to Government Inspector of Explosives, Department of Justice, Equality and Law Reform, 94 St. Stephens Green, Dublin 2.

* See Article 4 of Order for explanation of hazard type.

1. (1) Where the storage is of—

(

a

) hazard type 1 explosive in a brick-built mounded store, Table 1 applies;

(

b

) hazard type 1 explosive in a brick-built unmounded store, Table 2 applies;

(

c

) hazard type 1 explosive in a metal-built mounded store, Table 3 applies;

(

d

) hazard type 1 explosive in a metal-built unmounded store without detonator annex attached, Table 4 applies;

(

e

) hazard type 1 explosive in a metal-built unmounded store with detonator annex attached, Table 5 applies;

(

f

) hazard type 2 explosive and some or all items exceed 0.7 kg net mass, Table 6 applies;

(

g

) hazard type 2 explosive and no item exceeds 0.7 kg net mass, Table 7 applies;

(

h

) hazard type 3 explosive, Table 8 applies;

(

i

) hazard type 4 explosive, Table 9 applies.

(2) Where an explosive of any hazard type and a controlled substance are stored on the same site, Table 10 applies, in addition.

2. Subject to paragraphs 3 and 4, the separation distance between a store and any building, place of public resort or major road is the distance specified in column 2 (low-density distance) of the relevant table corresponding to the quantity of explosives shown in column 1 of the table.

3. Subject to paragraph 4, where—

(

a

) Table 1, 3, 4 or 5 applies, and

(

b

) the number of dwellings in the reference zone is greater than the maximum number of dwellings specified in the line of column 6 of the table corresponding to the quantity of explosives specified in that line of column 1 thereof,

the separation distance between the store and any such dwelling is the high-density distance (if any) specified in the corresponding line of column 3 of the table.

4. For the purposes of this Order, the radius for a reference zone is the distance (if any) specified in the entry in column 5 (reference zone radius) of Table 1, 3, 4 or 5 corresponding to the quantity of explosives shown in column 1 of the table concerned.

5. Where there is a dash in a column headed “high-density distance”, the low-density distance applies.

6. The separation distance between a store and any vulnerable building is the distance (if any) specified in column 4 (vulnerable building distance) of the relevant table corresponding to the quantity of explosives shown in column 1 of the table.

7. The separation distance between a store and any minor road or railway line is half the distance shown in column 2 of the relevant table corresponding to the quantity of explosives shown in column 1 of the table, and that between a store and any bridleway, footpath, footway, lightly-used road or waterway is one-third of that distance.

8. A separation distance is measured in the horizontal plane from the nearest outside edge of the building or place where explosives are stored to the nearest point of the building or place in relation to which the separation distance applies.

9. Where there is more than one store on a site, the appropriate separation distances applicable to the stores shall be determined by an inspector.

10. Any separation distance specified in this Schedule is subject to modification where topographical features are likely to affect the direction and distance of blast effects or fragment throw: if any such feature is present, the local authority concerned shall seek advice in relation to the applicable separation distance from an inspector.

11. For separation distances between a store and a workshop or process area where explosives are removed from their transport packaging, e.g. for preparing fraction packs, a local authority shall also seek advice from an inspector.

12. For the purposes of this Schedule—

(

a

) references to a bridleway, footpath, footway or waterway do not include references to a bridleway, footpath, footway or waterway ordinarily used or navigated by not more than 20 persons in any 24-hour period,

(

b

) “dwelling” includes a flat or apartment, and

(

c

) a reference in column 1 of a table to a quantity of explosives is a reference to a quantity which is more than the lower quantity specified in that column but not more than the higher quantity specified.

Table 1: Hazard Type 1 explosive in brick-built mounded store

1

2

3

4

5

6

Quantity of explosives

Low-density distance

High-density distance

Vulnerable building distance

Reference zone radius

Maximum number of dwellings in reference zone

(kg.)

(m)

(m)

(m)

(m)

13. (1) Subject to the provisions of this Article, the licensee of a store shall ensure that the relevant separation distance specified in the relevant table in Schedule 4 is maintained between the store and a building or other place outside the site and referred to in that Schedule.

(2) Such a licensee shall ensure that half the relevant separation distance specified in the relevant table in Schedule 4 is maintained between the store and any building within the site which is used either for domestic or residential purposes or for work not involving explosives, except any building used for work which is normally unoccupied by any person and is not a store.

(3) If an explosive (other than fireworks) is not in its ADR transport packaging, it shall be treated for the purposes of separation distances as a hazard type 1 explosive, unless the possessor of the explosive is advised otherwise by an inspector.

(4) To ascertain the separation distance to be applied in the case of fireworks, the possessor of the fireworks shall consult an inspector, who shall determine the appropriate hazard type for that purpose.

(5) To ascertain the separation distance to be applied in the case of a store constructed by excavation, the licensee shall consult an inspector, who shall determine the appropriate separation distance.

(6) Where a store contains different hazard types of explosives, the explosives shall be treated as belonging to the hazard type which would require the greatest separation distance for the total quantity of the explosives, and the separation distance shall be determined in relation to that quantity.

(7) Subject to paragraph (8), separation distances do not apply in relation to—

(

a

) a store holding a quantity not exceeding 25 kilograms of explosives of hazard type 4, or

(

b

) a store holding a quantity not exceeding 2000 kilograms of small arms ammunition.

(8) Paragraph (7) applies to a store only where—

(

a

) there is at least a one-hour fire resistance between any storage room and an adjoining room or passage,

(

b

) adequate fire-fighting facilities and access for emergency services are provided, and

(

c

) if the store is within or adjoins a building containing accommodation used for domestic or residential purposes—

(i) the accommodation is separate from the store,

(ii) access and exit routes, which are fire-separated from the store, are provided for the accommodation,

(iii) there is at least a one-hour fire resistance between the accommodation and the store, and

(iv) unauthorised access from the accommodation to the store is prevented.

(9) In this Article “fireworks” means explosives articles numbered UN No. 0033, 0034, 0035, 0036 or 0037.

Special provision in relation to storage of controlled substances not exceeding 50,000 kg.

14. (1) In this Article, “controlled substance” means a quantity of a controlled substance or substances not exceeding 50,000 kilograms.

(2) A controlled substance shall not be stored on the same site as a conventional explosive, unless separation distances are maintained in accordance with Table 10 of Schedule 4.

(3) Different controlled substances shall be stored separately from each other unless they are known to be compatible in storage.

(4) An oxidising controlled substance may be stored on a site not containing a conventional explosive if a fire resistant barrier to a standard specified in the Guidance Document on Fire Safety or a 10-metre fire-break separates the oxidising controlled substance from stocks of fuel or flammable materials and occupied buildings.

(5) Oxidising controlled substances shall be stored separately from fuels and incompatible substances such as acids, chlorates, zinc, copper, copper salts and aluminium powder.

Fire and explosion assessment and safety measures

15. (1) Any licensee or a person who intends to store explosives shall cause a written assessment of the site and of activities related to the storage or proposed storage to be prepared by a competent person for the purpose of—

(

a

) identifying fire and explosion hazards on the site,

(

b

) assessing the risks presented by them,

(

c

) identifying persons who might be harmed by an explosion and how they might be so harmed, and

(

d

) deciding what safety measures are needed to minimise those risks.

(2) A holder of a licence under section 15 of the Act and in force on the commencement of this Order shall, as soon as practicable, send to the local authority concerned a copy of the assessment referred to in paragraph (1).

(3) Any person who intends to store explosives shall send a copy of such an assessment to the local authority when applying for a licence.

(4) A licensee shall cause the assessment to be reviewed from time to time by a competent person, particularly where there has been a change in equipment, explosive substances, hazards or procedures.

(5) Any such person shall, having regard to the assessment, take appropriate measures to

(

a

) prevent fire or explosion,

(

b

) put in place a safe system of work,

(

c

) limit the extent of fire or explosion, including measures to prevent the spreading of fire and communication of explosions from one place to another, and

(

d

) protect persons from the effects of fire and explosion.

(6) The safety measures required by paragraph (5) include those set out in Schedule 3.

(7) In addition to the requirements of the general rules for explosives stores under section 17 of the Act and of any special rules under section 19 thereof for the regulation of persons managing or employed in or about the store, any person who stores explosives shall provide appropriate and adequate written instructions to those persons in relation to safety procedures, including—

(

a

) general safety precautions and procedures,

(

b

) emergency procedures in the event of a fire or explosion,

(

c

) security procedures, and

(

d

) working procedures relating to the storage and handling of explosives.

(8) Instructions under paragraph (7)(

d

) shall be sufficiently detailed to enable the storage and handling of explosives to be carried out safely.

(9) A licensee shall provide any other persons employed on the site with adequate and documented training on safety measures that is appropriate to the tasks performed by them and the hazards that they are likely to encounter.

(10) This Article is without prejudice to sections 19 (hazard identification and risk assessment) and 20 (safety statement) of the

Safety, Health and Welfare at Work Act 2005

(No. 10 of 2005).

Revocations

16. The following Orders are revoked

(

a

) Stores for Explosives Order 1955 (

S.I. No. 42 of 1955

);

(

b

) Stores for Explosives (Amendment) Order 2003 (

S.I. No. 71 of 2003

).

SCHEDULE 1 APPLICATION FOR GRANT OR RENEWAL OF EXPLOSIVES STORE LICENCE

(Note: This form should be read in conjunction with the Explosives Act 1875 and Stores for Explosives Order 2007 (S.I. xxx of 2007), and Guidance Document on Fire Safety in Stores for Explosives. See footnotes on completing each section of form).

1.

Applicant

Name (

if applicant is an individual)

Address

Company Name

Name of Company Secretary

Registered Office

Name and evidence of competence of person directly responsible for supervising operations within store

Phone

Fax

2.

Location of proposed store

1

1 Location: Scaled maps should accompany the application, one of scale 1:2500, showing the entire site and all occupied buildings, roads, factories, etc. within 1000m of the site and a block plan of scale 1:500 (approx), showing actual store (outlined in red) and remainder of the site under the control or ownership of the applicant, and a plan of the actual store of scale 1:50.

County

Parish

Place

3.

Checklist for construction of proposed store

2

2 Construction requirements are specified in the Order. PM 82 is an electrical specification for explosives buildings.

Type

Description

Yes/No

SM

Solid brick or block or reinforced concrete, mounded?

SU

Solid brick or block or reinforced concrete, unmounded?

MM

Metal, mounded?

MU

Metal, without detonator annex, unmounded?

MDU

Metal, with detonator annex, unmounded?

UG

Underground?

OS

Open stack?

Lighting

Compliant with PM 82?

Lightning conductor

Compliant with PM 82?

Security

Compliant with Garda Síochána CPO requirements?

Fire safety

Compliant with Guidance Document on Fire Safety in Stores for Explosives?

4.

Types of explosives proposed to be stored

3

3 Proper shipping names, UN number and hazard code can be obtained from the manufacturer or the Competent Authority Document, which classifies explosives for transport. For definitions and infomation on hazard types, see Articles 3 and 4 of Order.

Proper shipping name

UN number

UN hazard code

Hazard type

5.

Separation distances from store to nearest facility

4

4 See Schedule 4 of Order for tables and explanations of separation distances.

Facility

Distance (m)

Occupied building on site

Occupied building off site

Place of public resort

Major road

Vulnerable building

Minor road/railway line

Bridleway/footpath/footway/lightly-used road/waterway

Reference zone radius

5

5 See Article 3 of, and Schedule 4 to, Order for explanation of reference zone.

6.

Number of dwellings in reference zone

6

6 This should be determined by a physical survey, using scaled map as reference.

7.

Maximum quantity of explosives proposed to be stored

7

7 This quantity is normally the net explosive mass in kg, and the maximum quantity permitted depends on available separation distances. To calculate the maximum permitted quantity, proceed as follows, in accordance with Schedule 4 of the Order, for each hazard type of explosives proposed to be stored:a. Select correct table depending on store construction and hazard type.b. Use appropriate line for proposed quantity of explosives.c. Ascertain whether high-density or low-density distance is appropriate, having regard to paragraphs 3 to 6 of Schedule 4.d. Compare required separation distance from table against actual available distance.e. If required distance exceeds available distance, reduce proposed quantity of explosives until available distance equals or exceeds required distance.f. The quantity so ascertained is the maximum permitted quantity.

Hazard type

Maximum quantity proposed (kg)

1

2

3

4

Controlled substances

ANBI

Ammonium nitrate

Other

8.

Written assessments referred to in Article 15 of Order

(To be attached on first application for licence.)

Signature of Applicant

8

8 Submit form with maps and fee to Secretary of local authority, with copies to Government Inspector of Explosives, Department of Justice, Equality and Law Reform, 94 St. Stephens Green, Dublin 2.

.........................................................................................................

(Block capitals)

Date: .............................................................

SCHEDULE 2 LICENCE TO STORE EXPLOSIVES OR CONTROLLED SUBSTANCES

EXPLOSIVES ACT 1875

STORES FOR EXPLOSIVES ORDER 2007

Licence Number................

S.I. No. 804 of 2007

STORES FOR EXPLOSIVES ORDER 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

14

th December

, 2007.

The Government, in exercise of the powers conferred on them by sections 16, 39, 40, 43, 46 and 83 of the Explosives Act 1875, as adapted, and on the recommendation of the Minister for Justice, Equality and Law Reform, hereby order as follows

Citation