S.I. No. 630/2019 - Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019

1. Spills when filling underground tanks and fuel dispensing to customers

2. Impact and damage to dispensers

3. Uncontrolled ignition sources (e.g. smoking by non-customers) associated with a public area during fuel dispensing and underground tank filling

4. Traffic volume using the road

5. Speed of vehicles on adjacent roadway

6. Pedestrian movements on the footpath

7. Fuel delivery frequency and time

8. Age and condition of the underground fuel tanks

9. Nature of fuels stored

10. Separation distances from boundaries and stationery ignition sources

11. Sensitive receptors in the vicinity of the store

12. Delivery area assessment

13. Storage tanks assessment

14. Pipework assessment

15. Dispenser area assessment

Certificates and other mandatory documents

a. Petrol Vapour Recovery Certificate;

b. Explosion Protection Document;

c. Electrical Safety Certificate; and

d. Fire Safety Certificate.

SCHEDULE 6

Matters to be Included in the Maps and Drawings Accompanying the Risk Assessment of a Flammable Liquids and Fuels Retail Store or Kerbside Retail Store

(1) Every risk assessment for a first licence or Certificate of Operation (or for the renewal of a licence or Certificate of Operation where major works have taken place) shall be accompanied by a plan (either in electronic format or hard copy) drawn to a scale in metric units of measurement of not less than 1:2500, consisting of an extract from the Ordnance Survey map (or tracing thereof). The plan should be marked and coloured so as to identify clearly the site or proposed site (including the boundaries which shall be marked in red) of the retail store or kerbside retail store.

(2) Every plan submitted in accordance with paragraph (1) of this Schedule shall be accompanied by

a. one site plan (either in electronic format or hard copy) in metric units of measurement of not less than 1:100 so marked and coloured so as to identify clearly

i. each underground storage tank, each pipeline or dispensing pump connected to such a tank and each container store or container compound; and

ii. all other buildings or structures (including cellars or basements) within a distance of 16 metres of each underground storage tank, offset filling point, dispensing pump, ventilating pipe opening, container store or container compound;

b. one plan and specification or appropriate particulars (either in electronic format or hard copy), including suitable drawings or plans, elevations and sections to a scale in metric units of measurement of not less than 1:50 so marked as to give adequate details of the construction or proposed construction and dimensions and manner of installation or proposed installation of each underground storage tank, dispensing pump, container store, container compound and any pipeline (including its diameter);

c. one plan or specification or appropriate particulars (either in electronic format or hard copy) shall be so marked as to show all electrical apparatus installed or to be installed or used at a distance not exceeding 5 metres of each underground storage tank, container store, container compound, dispensing pump or filling, dipping or venting openings of an underground tank or pipeline;

d. detailed particulars to be shown on a plan of

i. each building or place at a retail store or kerbside retail store in or at which any articles, materials or substances (other than flammable liquids and fuels) liable to spontaneous combustion or ignition or otherwise flammable or dangerous are kept or will be kept and their amounts or quantities;

ii. the amount or quantity of flammable liquids and fuels kept or to be kept in each underground storage tank, container store, container compound, or other storage medium; and

iii. the approximate maximum number of persons employed or likely to be employed at the store and where applicable in each building at the store;

e. any further particulars, maps or drawings shall be provided which the licensing authority requires by a notice in writing or electronically.

(3) Subject to Regulation 17(3), every risk assessment supplied with an application for an amended licence or Certificate of Operation under Regulation 17 shall be accompanied by

a. one plan (in metric units of measurement) or specification or appropriate particulars giving details of the proposed installation, alteration, enlargement, addition or reconstruction, to the specifications of paragraphs (1) and (2); and

b. any further particulars, plans, maps or drawings which the licensing authority requires by notice in writing or electronically.

GIVEN under my hand,

11 December 2019

PAT BREEN,

Minister of State at the Department of Business, Enterprise and Innovation

EXPLANATORY NOTE

(

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

)

The purpose of these Regulations, which have been made under the

Dangerous Substances Act 1972

, is to repeal and replace the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 (No. 311 of 1979).

The Regulations replace with effect from 1 April 2020 the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979.

These Regulations do not apply to the storage of flammable liquids kept in conformity with the Dangerous Substances (Flammable Liquids and Fuels Distribution and Commercial Supply Stores) Regulations, 2019 (

S.I. No. 631 of 2019

).

The purpose of the Regulations is to prevent risk of injury arising from the keeping, conveying, loading and unloading of flammable liquids or fuels at retail stores or kerbside retail stores for the purposes of sale or supply to the public.

These Regulations lay down rules which provide for the licensing, operation and inspection of such retail stores, for the purpose of prevention of risk arising from the storage of flammable liquids and fuels, and to seek to limit as far as possible the consequences for human health and the environment arising from the operation of such stores, with the overall objective of providing a high level of protection in a fair, consistent and effective manner.

Further these Regulations grant the authority to license, in certain circumstances, petrol stations which were constructed before 28 September 1979 (kerbside retail stores).

16. (1) All retail stores and kerbside retail stores shall be operated and maintained in accordance with the risk assessment associated with the licence or the Certificate of Operation that has been granted by the appropriate licensing authority and any associated conditions.

(2) Any licensee or owner or operator of a retail store or a kerbside retail store intending to carry out major works will be required to submit an updated risk assessment, and an application for an amended licence or Certificate of Operation to the appropriate licensing authority in accordance with Regulations 8, 9, 10 and 12, no later than 60 days prior to the commencement of the intended works.

(3) All applications by a licensee or owner or operator of a retail store or kerbside retail store for an amended licence, or for an amended Certificate of Operation, due to the intention to carry out major works at a store, must be accompanied by a new or revised risk assessment, detailing any additional or modified hazards, risks and mitigating actions required to minimise the risk of injury arising from the proposed major works, or from carrying out the proposed major works.

(4) Any decision to grant or refuse the application for an amended licence or Certificate of Operation (with or without conditions) to carry out major works at a retail store or a kerbside retail store will be at the discretion of the appropriate licensing authority, taking into account the advice and recommendations of the appropriate fire authority.

(5) Any licensee or owner or operator of a retail store, or a kerbside retail store intending to carry out minor works shall inform the appropriate licensing authority not less than 30 days prior to the commencement of the minor works. Minor works do not require an amended licence or Certificate of Operation. If the appropriate licensing authority does not agree that the works fall into the category of minor works, they may seek further information from the licensee or owner or operator.

(6) Emergency works should be carried out as soon as possible to ensure the safety of persons, property or the environment. If emergency works may also be classed as major works, the licensee or owner or operator may apply for an amended licence or Certificate of Operation retroactively, but in any event no later than 90 days after the emergency works have been completed.

Risk assessment

17. (1) Every licensee or owner or operator shall engage a competent person to prepare a risk assessment of the risk of injury on site. A risk assessment of a retail store or kerbside retail store shall

(

a

) identify the hazards in the store related to the presence of flammable liquids and fuels as set out in Schedule 5 and assess the risks presented by those hazards;

(

b

) identify and describe any measures necessary to reduce the risk of injury to as low a level as is reasonably practicable;

(

c

) evaluate whether the risks identified have been reduced to as low a level as is reasonably practicable;

(

d

) describe the procedure for the offloading and dispensing of flammable liquids and fuels and the measures taken which minimise the risk of injury to as low a level as is reasonably practicable;

(

e

) where the risks have not been reduced to as low a level as is reasonably practicable, propose an implementation plan which will reduce the risks to a level that will be as low as is reasonably practicable.

(2) The risk assessment described in paragraph (1) shall be carried out by a competent person, shall be in writing (whether electronically or in hard copy) and be signed and dated by the competent person. It is the responsibility of the licensee or owner or operator to ensure that the person engaged to carry out a risk assessment meets the criteria of a competent person as defined in Regulation 2.

(3) For the first application for a licence or Certificate of Operation, a risk assessment shall include a map following the guidelines laid out in Schedule 6. The inclusion of a map is not required for a subsequent application for a renewed or amended licence or Certificate of Operation unless major works or emergency works classed as major works have been carried out at the store.

(4) All risk assessments must be consistent with the documents listed in Part 1 of Schedule 1. If a risk assessment is also based on any documents listed in Part 2 of Schedule 1, or other current good practice, these must be indicated in the risk assessment.

(5) A licence for a retail store or a Certificate of Operation for a kerbside retail store shall not be granted by the appropriate licensing authority unless a satisfactory risk assessment has been carried out and all the recommendations made in the risk assessment have been implemented or will be implemented within a period acceptable to the licensing authority.

(6) Prior to the grant of a first licence or Certificate of Operation under these Regulations, the licensing authority or fire authority shall carry out a physical inspection to confirm that all recommendations have been satisfactorily implemented. For subsequent renewals of a licence or Certification of Operation, the licensing authority or fire authority may choose to either accept documentation as proof of works, or carry out an inspection.

(7) A risk assessment shall cease to be valid for the purposes of these Regulations on the expiry of a licence granted for a retail store or the expiry of the Certificate of Operation for a kerbside retail store, subject to Regulations 9(7) and 12(12).

(8) The licensee or owner or operator of a retail store or a kerbside retail store shall be responsible for the cost of carrying out a risk assessment and implementing any recommendations.

Inspections

18. (1) An inspection of a retail store or a kerbside retail store may be carried out without notice at any time by any or all of the following, referred to in these Regulations as an authorised person appointed by the Minister in accordance with section 62 of the Act of 2005

(

a

) an authorised person, authorised by the appropriate fire authority in accordance with

section 22

of the

Fire Services Act 1981

;

(

b

) an inspector authorised by the appeals authority, in the case of appeals against licensing or operating decisions made by a licensing authority, in accordance with section 62 of the Act of 2005; or

(

c

) a person authorised by the appropriate licensing authority or by the appeals authority, in the case of appeals against licensing or operating decisions made by the licensing authority.

(2) A gas safety officer may also carry out inspections under section 11(4) of the

Electricity Regulation Act 1999

(No. 23 of 1999).

Non-compliance

19. (1) Sections 64, 65, 66, 67 and 68 of the Act of 2005 shall apply and an authorised person, as specified in Regulation 18, may exercise any of the powers specified in those sections for the purposes of ensuring compliance by a licensee or owner or operator with the risk assessment, conditions of a licence or Certificate of Operation, or the applicable Standards, Codes of Practice or Guidance Documents as set out in Part 1 of Schedule 1, and, where applicable, Part 2 of Schedule 1.

(2) The provisions of sections 20 and 20A of the

Fire Services Act 1981

shall apply in respect of a fire safety notice or closure notice.

(3) For the purposes of paragraphs (1) and (2) and subject to any necessary modifications, section 3 of the Act of 2005 shall apply to the service of a notice or other document required or authorised to be served under sections 64, 65, 66, 67 and 68 of that Act.

Posting of licence or Certificate of Operation

20. The licensee or owner or operator of a retail store or a kerbside retail store shall keep displayed a copy of the licence or the Certificate of Operation, in such manner as to be easily seen and read.

SCHEDULE 1

Publications for good practice for retail and kerbside retail flammable liquids and fuels stores.

As per Regulation 5(3), updated or revised versions of these guidance documents will be published periodically on the relevant websites of Local Authorities, the Appeals Authority, and the Minister.

Part 1 – Publications which all stores must adhere to as far as is reasonably practicable

• Energy Institute Design, construction, modification, maintenance and decommissioning of filling stations (known as the Blue Book).

• PELG Petrol filling stations – Guidance on managing the risks of fire and explosion (The Red Guide).

Part 2 – Publications which must be adhered to as far as is reasonably practicable if they apply to the store

• British Compressed Gas Association (BCGA) Code of practice 41 – The design, construction, maintenance and operation of filling stations dispensing gaseous fuels, Revision 1

• CONCAWE Environmental sensitivity assessment of retail filling stations in selected European Countries

• CSN EN 13616-1 Overfill prevention devices for static tanks for liquid fuels - Part 1: Overfill prevention devices with closure device

• CSN EN 13616-2 Overfill prevention devices for static tanks for liquid fuels - Part 2: Overfill prevention devices without a closure device

• CSN EN 13617-1 Petrol filling stations - Part 1: Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units

• CSN EN 13617-2 Petrol filling stations - Part 2: Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers

• CSN EN 13617-3 Petrol filling stations - Part 3: Safety requirements for construction and performance of shear valves

• CSN EN 13617-4 Petrol filling stations - Part 4: Safety requirements for construction and performance of swivels for use on metering pumps and dispensers

• CSN EN 14125 Thermoplastic and flexible metal pipework for underground installation at petrol filling stations

• CSN EN 16321-1 Petrol vapour recovery during refueling of motor vehicles at service stations - Part 1: Test methods for the type approval efficiency assessment of petrol vapour recovery systems

• CSN EN 16321-2 Petrol vapour recovery during refueling of motor vehicles at service stations - Part 2: Test methods for verification of vapour recovery systems at service stations

• CSN EN 16657 Tanks for the transport of dangerous goods - Transport tank equipment for overfill prevention devices for static tanks

• CSN EN13012 Petrol filling stations - Construction and performance of automatic nozzles for use on fuel dispensers

• Energy Institute – A risk-based approach to hazardous area classification

• Energy Institute – Model code of safe practice Part 1: The selection, installation, inspection, and maintenance of electrical and non-electrical apparatus in hazardous areas

• Energy Institute – Model code of safe practice Part 12: Pressure vessel examination

• Energy Institute – Model code of safe practice Part 13: Pressure piping systems examination

• Energy Institute – Model code of safe practice Part 14: Inspection and testing of protective instrumentation systems

• Energy Institute – Model code of safe practice Part 15: Area classification code for installations handling flammable fluids

• Energy Institute – Model code of safe practice Part 16: Tank cleaning safety code

• Energy Institute Guidance document on risk assessment for the water environment at operational fuel storage and dispensing facilities

• Energy Institute Report on the risk of static ignition during vehicular refuelling: A study of the available relevant research.

• Energy Institute Guidance on external cathodic protection of underground steel storage tanks and steel pipework at petrol filling stations

• Energy Institute Quantified risk assessment of the ignition of flammable vapour on petrol filling station forecourts during road tanker offloading due to thermite sparking

• Energy Institute Electrical installations of facilities for the storage and dispensing of LPG and CNG automotive fuels at vehicle refuelling stations

• Energy Institute Guidelines for uplift of product from retail filling stations and customer tanks

• Energy Institute Code of practice for entry into underground storage tanks at filling stations.

• Energy Institute Guidance on reducing human failure in petroleum product distribution loading and unloading operations

• Energy Institute Code of safe practice for Contractors and retailers managing contractors working on filling stations

• Energy Institute Guidance on the declassification of tanks previously in leaded gasoline service

• Energy Institute Guidance on the implications of groundwater protection: principles and practices (GP3) on the refurbishment ore redevelopment of petrol filling stations

• Energy Institute Report A comparison of risks related to the storage of hydrocarbons in above-ground and underground tanks at petrol filling stations

• Energy Institute Guidance on design and operating limits for fuel storage tanks at retail filling stations

• Energy Institute Guidelines for an emergency action plan for fire and explosion risks at filling stations

• Energy Institute Guidance for a product identification system for petroleum products and other fuels

• Energy Institute Guidance for the storage and handling of biofuels at filling stations

• Energy Institute Guidance on environmental management at filling stations

• Energy Institute Guidance on inspection and testing of safety critical equipment in retail filling stations

• Health and Safety Authority (HSA) – Fire and Explosion Risks at Service Stations

• HSA – Emergency response plans for petrol stations

• HSA – Information note – Handling petrol safely

• HSA – Wetstock reconciliation for petrol stations

• Health and Safety Executive (HSE) (UK) Portable petrol storage containers

• Health and Safety Executive (HSE) (UK) L133 Unloading of petrol from road tankers

SCHEDULE 2

Form of Application for a first/amended/renewal of or transfer of a licence for a Retail Store or a Certificate of Operation for a Kerbside Retail Store.

1 Applicant/Licensee/Owner or Operator

Name and address/registered office of the company, firm or person:........................................................................................

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

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

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

13

th December,

2019.

I, PAT BREEN, Minister of State at the Department of Business, Enterprise and Innovation, in exercise of the powers conferred on me by

sections 23

,

26

and

36

of the

Dangerous Substances Act 1972

(No. 10 of 1972),

section 58

of the

Safety, Health and Welfare at Work Act 2005

(No. 10 of 2005) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 (

S.I. No. 364 of 2017

)) and the Business, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2017 (

S.I. No. 569 of 2017

), and after consultation with the Health and Safety Authority, hereby make the following regulations

PART 1

Short title and commencement