S.I. No. 312/1979 - Dangerous Substances (Oil Jetties) Regulations, 1979.

S.I. No. 312 of 1979.

DANGEROUS SUBSTANCES (OIL JETTIES) REGULATIONS, 1979.

ARRANGEMENT OF REGULATIONS

Part I.

1. Short title and commencement.

2. Definitions.

3. Application.

4. Obligations under Regulations, etc.

5. Written consent for existing oil jetty, etc.

6. Oil jetty, use of subject to written consent, etc.

7. Written consent.

8. Validity of written consent, notice before discontinuing use of oil jetty, etc.

9. Appointment of persons employed.

10. Training, instruction of persons employed.

11. Supervision of persons employed.

12. Protective clothing, personal protective equipment.

13. Persons' conduct.

Part II

General Management and Control of Oil Jetty

14. Oil jetty, plans, etc.

15. Oil jetty, design, containing spillage, etc.

16. Oil jetty, alterations, etc.

17. Petroleum ship-to-shore electrical connections, radio, radar equipment.

18. Static electricity.

19. Oil jetty, packed petroleum.

20. Oil jetty, waste receptacles, etc.

21. Oil jetty, fire prevention installations.

22. Oil jetty, alarm, signal system.

23. Oil jetty, petroleum ship, arrangements in the event of fire, danger or alarm.

24. Oil jetty, certificate of means of escape.

25. Oil jetty, petroleum ship, means of communication, summoning assistance.

26. Oil jetty, fire fighting, evacuation, emergency plan.

27. Oil jetty, posting of notices.

Part III

Duty of Owner or Master of Petroleum Ship

28. Petroleum ship, notification of entering harbour, exchange of information, etc.

29. Petroleum ship, anchoring, mooring, towing, etc.

30. Petroleum ship, flags, light, etc.

31. Petroleum ship, operations, advance notice, procedures to be observed, certificate of ship's fitness, etc.

32. Petroleum ship, overboard discharge valve, supervision, etc.

33. Petroleum ship, openings, venting, etc.

34. Petroleum ship, gas precautions, pumping, etc.

35. Petroleum ship, discharge, spillage or escape of petroleum.

36. Petroleum ship, smoking.

37. Petroleum ship, harbour craft, other ship or vessel alongside.

38. Petroleum ship, fire prevention, etc.

39. Petroleum ship, ignition, explosion, fire, preventative measures.

40. Petroleum ship, dangerous concentration of vapours.

41. Petroleum ship, tank measuring device.

42. Petroleum ship, gas emission.

43. Petroleum ship, closures.

44. Petroleum ship, gas precautions, departure from harbour.

45. Petroleum ship, weather precautions.

46. Petroleum ship, confined space, evaluation, authorisation for entry, etc.

47. Petroleum ship, duty of master to afford facility.

Part IV

Duty of Owner of Pipeline, Pipeline Equipment, Connecting Pipeline and Electrical Apparatus.

48. Pipeline, design, construction, etc.

49. Pipeline, pressure testing.

50. Pipeline, isolation, valves, etc.

51. Connecting pipeline.

52. Pipeline, marking, cleaning, etc.

53. Electrical apparatus.

Part V

Duty of any Person Concerned who Carries-on Loading or Unloading Operations

54. Loading, unloading operations, written statement on procedures.

55. Oil jetty, loading, unloading, state of readiness, etc.

56. Loading, unloading, unauthorised access prevention.

57. Loading, unloading, matches, open flame, smoking, etc.

58. Loading, unloading, connecting pipeline, rigging connections, short-circuiting, drip trays, etc.

59. Supervision during pumping operation.

60. Loading, unloading to be executed with due diligence and dispatch.

61. Loading, unloading pumping operations, control valves, clearance of pipelines.

62. Loading, unloading, patrolling pipelines.

63. Loading, unloading, night operations.

64. Loading, unloading, packed petroleum.

65. Loading, unloading, defective containers.

66. Loading, unloading, disconnections.

67. Loading, unloading,dangerous atmosphere, evaluation, tests, etc.

Part VI

Contract Work, Duties of Self-Employed or Employer

68. Contract work, duties of self-employed or employer.

FIRST SCHEDULE

Forms

Form A

Form of Application for Written Consents

Form B

Written Consent for Loading, Unloading Operation at Oil Jetty

Form C

Notice of Intention of Loading/Unloading/Trans-shipment of Petroleum

Form D

Flag "B"

SECOND SCHEDULE

Conduct of Persons at Oil Jetty

S.I. No. 312 of 1979.

DANGEROUS SUBSTANCES (OIL JETTIES) REGULATIONS, 1979.

PART I INTERPRETATION AND GENERAL

I, GENE FITZGERALD, Minister for Labour in exercise of the powers conferred on me by sections 22 , 23 , 36 and 62 of the Dangerous Substances Act, 1972 (No. 10 of 1972) hereby make the following regulations:

1. (1) These Regulations may be cited as the Dangerous Substances (Oil Jetties) Regulations, 1979.

(2) These Regulations shall come into operation on the 28th day of September, 1979.

2. (1) In these Regulations, except where the context otherwise requires:—

"the Act" means the Dangerous Substances Act, 1972 (No. 10 of 1972);

"ambulance authority" means the ambulance service provided by a health board pursuant to section 57 of the Health Act, 1970 (No. 1 of 1970), in the functional area or harbour of the proper local or harbour authority within which the relevant oil jetty is located;

"approved of" means approved of for the time being by the Minister and "approved" shall be construed accordingly;

"authorised person" means either a person concerned under Regulation 4 of these Regulations who is competent to carry out duties connected with an oil jetty or with loading or unloading operations, or any person who is authorised by or on behalf of such person concerned to carry out such duties and is competent to do so;

"available for inspection" means available for inspection by an inspector—

( a ) in case the expression is used in these Regulations in relation to a duty imposed on the owner or master of a petroleum ship by Regulation 4 of these Regulations, on board a petroleum ship berthed at an oil jetty,

( b ) at the office of the person having the general management and control of an oil jetty or at the office of the harbour master concerned,

( c ) at the office of the owner of the pipeline, connecting pipeline, pipeline equipment, or electrical apparatus concerned (excluding the master of a petroleum ship),

( d ) at the office of the person carrying on loading or unloading operations (excluding the master of a petroleum ship);

"berthing" means the process of bringing a petroleum ship alongside an oil jetty and securing it thereto;

"booms" means devices or agencies for containing or preventing, so far as practicable, the spread of petroleum liquid on the surface of the water;

"bulk" means a quantity of petroleum, exceeding 250 litres, none of which is contained in containers, casks, packages, demountable tanks or fixed tanks;

"certificate of entry" means a certificate given by a competent person to certify that he has, in an adequate and suitable manner, tested the atmosphere in the place or places specified in the certificate and that, in his opinion having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere being or becoming dangerous, persons may, at such times as are specified in the certificate, be permitted to enter such place or places;

"competent person" means a person possessing adequate knowledge, training and ability to perform his duties or work in such a manner as to prevent, so far as practicable, the risk of injury;

"confined space" means a confined or enclosed area in which a dangerous concentration of vapours may reasonably be expected to be present;

"connecting pipeline" means a connecting pipeline or any part, section or fitting of such a pipeline forming the inter-connection between a petroleum ship's tank and a fixed pipeline ashore and includes any marine loading or unloading arm, solid or flexible steel pipe, connection, joint, valve, fitting or hose assembly used for or in connection with the transfer to or from a petroleum ship of petroleum in loading or unloading operations;

"container" means—

( a ) a suitable leak-proof metal drum or barrel of adequate strength, constructed in accordance with an approved standard or specification for keeping petroleum Class I or petroleum Class II and having a capacity not exceeding 250 litres, or

( b ) a suitable leak-proof metal container of adequate strength, constructed in accordance with an approved standard or specification for keeping petroleum Class I or petroleum Class II, and having a capacity not exceeding 60 litres, or

( c ) a suitable leak-proof container of metal or other material of adequate strength, constructed in accordance with an approved standard or specification for keeping petroleum Class I or petroleum Class III and having a capacity not exceeding 30 litres, or

( d ) a suitable leak-proof container with a secure stopper having a capacity not exceeding 5 litres and which is used to contain petroleum Class I or petroleum Class II;

"dangerous concentration of vapours" means a concentration of vapours of petroleum greater than the lower flammable limit of the vapours and which is capable of ignition or causing bodily injury;

"dangerous substance" means a substance which by reason of being explosive, flammable, toxic, asphyxiating, corrosive, oxidizing, reducing, an irritant, liable to spontaneous combustion or decomposition or being otherwise harmful, is likely to injure a person;

"demountable tank" means a tank other than a fixed tank, mounted on a tank-vehicle or a tank-trailer and used or intended to be used for the conveyance of petroleum Class I or petroleum Class II;

"earthed" means connected to the general mass of the earth in such a manner as will at all times ensure an immediate discharge of electrical energy without danger;

"electrical apparatus" includes any conductor or electric cable and any part of any machine, apparatus or appliance designed for the generation, transformation, conversion, switching, controlling, regulation, storage, transmission, distribution or use of electrical energy;

"flash point" means the temperature to which a petroleum liquid requires to be heated to give off a vapour which, when mixed with air, can be ignited momentarily by a flame;

"fendering material" means material designed to prevent damage to a petroleum ship or to an oil jetty structure from the impact of or contact with a ship while berthing or while moored at the jetty;

"fire-resistant", except in Regulation 48 (3), means having elements of construction which will withstand if exposed to test by fire in accordance with British Standard 476: Part 8: 1972 the effects of fire for a period of not less than 30 minutes without loss of its fire-resisting or load bearing characteristics;

"fire brigade authority" means a sanitary authority within the meaning of the Public Health Acts, 1878 to 1931, which has established and is maintaining a fire brigade and, for the purpose of these Regulations, the functional area of a fire brigade authority shall be deemed to include any oil jetty which lies offshore, any part of which, or whose pipelines are connected to the shore at a point which is within such functional area and "appropriate fire authority" means the fire brigade authority for the sanitary district in which the oil jetty is located or the fire brigade authority which gives the services of its fire brigade in relation to fire occurring in the sanitary district or in the portion of the sanitary district in which the oil jetty is located;

"fire main" means a pipe or system of pipes for conveying a supply of water for fire fighting purposes;

"fixed tank" means a tank which is structurally attached to a vehicle or is an integral part of the frame of the vehicle and is used or intended to be used for the conveyance of petroleum Class I or petroleum Class II;

"gas" means vapours of either petroleum Class I or petroleum Class II or of both when mixed with air;

"gas-free" means certified by a competent person as being free of explosive or flammable gas;

"harbour" includes all harbours, whether natural or artificial or whether under the control of a harbour authority or not, and all estuaries, navigable rivers, piers, jetties and other places in or at which ships can obtain shelter, or load or unload goods or passengers;

"harbour craft" means a petroleum ship which is used mainly within the area of a harbour authority;

"hazardous area" means an area in which, because of petroleum Class I or petroleum Class II, an explosive or flammable atmosphere may be present continuously or intermittently, or be present due to an abnormal or transient condition;

"hold" means, in relation to a petroleum ship or other ship or vessel, any space in the ship or vessel below deck which is designed for the storage of packed petroleum;

"licensee" means a licensee under the Act of a store which is used or is intended to be used for the keeping of petroleum-spirit;

"loading or unloading operations" means the operations of loading and unloading a petroleum ship or transferring of petroleum cargo within a petroleum ship or the trans-shipment of petroleum cargo between two petroleum ships or any operation of ullaging, sounding, sampling, ballasting, tank washing or conveying petroleum by pipeline or connecting pipeline between a store and a petroleum ship;

"naked lights" means an open flame, fire or exposed incandescent material, or any electrical apparatus or other unconfined source of ignition or agency capable of or liable to ignite petroleum or gas;

"naked light certificate" means a certificate given by a competent analyst to certify that he has, in an adequate and suitable manner, tested, for the presence of flammable vapour, a place specified in the certificate and that, in his opinion, having regard to all the circumstances of the case including the likelihood or otherwise of the atmosphere becoming flammable, the use of naked lights may be permitted in such place;

"non-combustible" in relation to a material, means that the material is regarded as being non-combustible according to the test for non-combustibility specified in British Standard 476: Part 4: 1970;

"oil jetty" means a jetty, dock, pier, quay, wharf or offshore terminal at which a petroleum ship may be berthed for the purpose of loading or unloading operations;

"oil interceptor" includes a separator, chamber or other device designed, located, constructed and maintained so as to retain, as far as practicable, for recovery and for safe disposal any petroleum conveyed to it by a drainage system;

"owner" in relation to a store which is used or intended to be used for the keeping of petroleum Class II or petroleum Class III means the person who occupies, manages, or controls the store;

"packed petroleum" means petroleum Class I or petroleum Class II contained in containers, casks, packages, demountable tanks, or fixed tanks and carried as cargo on board a petroleum ship or other ships or vessels;

"petroleum" means liquid petroleum Class I, liquid petroleum Class II or liquid petroleum Class III;

"petroleum Class I" means petroleum described in section 20(1) of the Act;

"petroleum Class II" means petroleum which when tested in accordance with regulations under section 20 of the Act gives off a flammable vapour at a temperature of not less than 22.8° Celsius and not more than 60° Celsius;

"petroleum Class III" means petroleum which when tested in accordance with regulations under section 20 of the Act gives off a flammable vapour at a temperature exceeding 60° Celsius;

"petroleum ship" means a tanker, ship or other vessel which for the time being has on board, or is about to take on board, or has unloaded a cargo, the whole or any part of which, consists of petroleum Class I in bulk or petroleum Class II in bulk and the holds or tanks of which have not been rendered gas-free by a competent person;

"pipeline", except in the expression "connecting pipeline", means a pipeline used or intended to be used for conveying petroleum Class I or petroleum Class II between an oil jetty and a storage tank and connected or intended to be connected to a connecting pipeline at an oil jetty;

"pipeline equipment" includes any pumping or other plant, machinery, appliance, device or instrument connected to a pipeline;

"pumping" means the pumping of petroleum Class I or petroleum Class II through a pipeline or connecting pipeline between a petroleum ship's tank and a storage tank and "pumping operations" shall be construed accordingly;

"restricted area" means the area contiguous to a petroleum ship berthed for the purposes of loading or unloading operations and which is provided to facilitate adequate control by the person concerned of the movement into, out of or within the restricted area of persons, vehicles, machinery or vessels, or use within the restricted area of anything likely to cause risk of injury;

"risk of injury" means risk of injury either to persons or property from petroleum Class I or petroleum Class II due to ignition, fire, explosion, spillage, escape or leakage or to persons from exposure, in the course of loading or unloading operations, to such petroleum or vapours thereof;

"slop storage tank" means a tank used for the storage of a mixture of petroleum, water and sediment;

"storage tank", except in the expression "slop storage tank", means an aboveground or underground storage tank used or intended to be used, in connection with the loading or unloading of a petroleum ship, for the storage of petroleum Class I or petroleum Class II at a store and includes a slop tank;

"store" means a store used for the keeping, whether temporary or otherwise, of petroleum Class I or petroleum Class II;

"tank" means any compartment or space used for the conveyance of petroleum Class I in bulk or petroleum Class II in bulk as cargo on board a petroleum ship;

"tanker" means a petroleum ship specially fitted with tanks and used wholly or mainly for the conveyance of petroleum in bulk;

"the harbour master" means a harbour master appointed pursuant to section 38 of the Harbours Act, 1946 (No. 9 of 1946), or a person duly appointed by a harbour authority to act for the time being in such a capacity or a person appointed pursuant to Regulation 5 (6) of these Regulations to carry out the functions of a harbour master;

"the Minister" means the Minister for Labour;

"Written consent" means a written consent signed by the Minister or a harbour master authorising loading or unloading operations and such consent may be given subject to restrictions or conditions which the Minister or a harbour master thinks fit to impose in the particular circumstances in order to prevent risk of injury.

(2) Any reference in these Regulations to a British Standard or an International Standard (ISO) is a reference to that Standard as amended or extended whether before or after the commencement of these Regulations.

3. (1) These Regulations shall apply to –

( a ) every petroleum ship which–

(i) is in any harbour for the purpose of or in connection with the carrying out of loading or unloading operations,

(ii) is moored, anchored or berthed at an oil jetty for the purpose of or in connection with the carrying out of such operations,

( b ) any loading or unloading operations carried on within the functional area of a local authority or of a harbour authority.

(2) The provisions of these Regulations are in addition to and not in substitution for the provisions of any requirement of the—

( a ) Foreshore Act, 1933 (No. 12 of 1933),

( b ) Merchant Shipping Act, 1894, as adapted,

( c ) Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952),

( d ) Merchant Shipping Act, 1966 (No. 20 of 1966),

( e ) Merchant Shipping (Dangerous Goods) Rules, 1967 (No. 105 of 1967),

( f ) Merchant Shipping (Dangerous Goods) (Amendment) Rules, 1968 (No. 179 of 1968), and

( g ) the detailed provisions of the IMCO, International Maritime Dangerous Goods Code and the British Carriage of Dangerous Goods in Ships (Blue Book),

as amended or extended, whether before or after the commencement of these Regulations, and as may, from time to time, be applicable to the conveying of dangerous goods in a ship or vessel in a harbour or loading onto or unloading from a ship or vessel of such goods in a harbour.

(3) These Regulations, subject to such modifications, amendments or additions thereto as may from time to time be considered appropriate by the Minister to prevent risk of injury in the conveying, loading or unloading of dangerous substances in harbours, shall not apply to commercial butane, commercial propane, liquefied petroleum gas, liquefied natural gas, methane or other dangerous substances unless approved of.

(4) In this Regulation:—

"commercial butane" means a hydrocarbon mixture consisting pre-dominantly of butane or a hydrocarbon mixture consisting predominantly of butylene or any mixture consisting of both aforesaid hydro-carbon mixtures;

"commercial propane" means a hydrocarbon mixture consisting pre-dominantly of propane or a hydrocarbon mixture consisting predominantly of propylene or any mixture consisting of both of the aforesaid hydrocarbon mixtures.

"IMCO" means the Inter-Governmental Maritime Consultative Organisation;

"liquefied petroleum gas" means commercial butane or commercial propane or any mixture thereof;

"liquefied natural gas" means a hydrocarbon mixture consisting pre-dominantly of methane from oil-field sources and held in the liquefied state by the application of pressure or refrigeration or both.

4. (1) Nothing in this Regulation shall be construed as prejudicing the generality of section 47 of the Act.

(2) It shall be the duty of the person having the general management and control of an oil jetty to comply with such of the requirements of the following Regulations as affect him or any person employed by him, namely, Regulations 5 to 27 and Regulation 54 of these regulations but, if any other person has the exclusive right to occupation of any part of the oil jetty and has the general management and control of such part, the duty in respect of that part shall devolve upon that other person.

(3) In addition to the duty imposed by paragraph (2) of this Regulation, it shall be the duty of the owner, and if he is not the master of the petroleum ship concerned also that master to comply with such of the requirements of the following Regulations as affect him, namely, Regulations 6, 8, 13, 17 to 19, 28 to 47, 56, 63, 64 and 66 of these Regulations.

(4) It shall be the duty of the owner of any pipeline, connecting pipeline, pipeline equipment or electrical apparatus used in loading or unloading operations to comply with such of the requirements of the following Regulations as affect him or any person employed by him, namely, Regulations 6, 9 to 13, 16, 17, 46, 48 to 53 of these Regulations and in addition to the foregoing in case any connecting pipeline or any part thereof is for the time being on board petroleum ship, it shall be the duty of the master of the ship to comply with the said Regulations.

(5) It shall be the duty of every person who, whether personally or his servants or agents, carries on loading or unloading operations, and of any person employed in such operations to comply with such of the requirements of the following Regulations as affects him, namely, Regulations 5 to 13, 21, 23, 31, 46 and 53 to 67 of these Regulations and in addition to the foregoing where loading or unloading operations are carried on by a person other than the owner or master of a petroleum ship, it shall be the duty of the master of the ship concerned to comply with the following Regulations, namely, Regulations 55, 57 to 62 and 65 of these Regulations, insofar as they relate to any connecting pipeline, any part thereof or any tank forming part of such ship or its equipment and which is not under the control of the person by whom the loading or unloading operations are carried on.

(6) It shall be the duty of any self-employed person engaged in loading or unloading operations to comply with Regulation 68 of these Regulations.

5. (1) Where, on an application being made to him for a written consent in pursuance of Regulation 7(2) of these Regulations, a harbour master is satisfied that —

( a ) an oil jetty which was used for loading or unloading operations immediately before the coming into operation of these Regulations cannot at reasonable expense be made to comply with the requirements of Regulations 14 to 27 of these regulations, and

( b ) (i) all practicable steps have been taken in relation to the oil jetty to ensure a standard of protection against risk of injury approximating to that required by the requirements mentioned in subparagraph (a) of this paragraph, or

(ii) alterations, additions or other works specified in the application (regarding which a written undertaking as to their execution within a specified period shall have been given to the harbour master by the applicant) which would when completed enable the oil jetty to comply with these Regulations

the harbour master may issue, subject to approval, such a written consent, provided that in case such an undertaking is so given to the harbour master, the period within which the alterations, additions or other works specified in the undertaking shall be specified in the written consent.

(2) Where a written consent issued under this Regulation specifies a period within which alterations, additions or other works are to be carried out, then subject to paragraph (3) of this Regulation, if on the expiration of that period the alterations, additions or other works are not completed, the written consent shall thereupon cease to have effect but without prejudice to the validity of anything previously done thereunder.

(3) The Minister may, if he thinks fit, on an application being made to him in that behalf by the person to whom a written consent under this Regulation is granted, extend the period specified in the consent.

(4) Where the Minister is of the opinion that owing to the nature of the loading or unloading operations or by reason of any special arrangements, the provisions of any of these Regulations are not necessary for the protection of persons or property against risk of injury, he may, by certificate in writing (which he may in his discretion revoke) suspend any such provision subject to such conditions as may be specified in the certificate.

(5) Without prejudice to the provisions of Part VII of the Act, and notwithstanding any other requirement of these Regulations relating to the issue of a written consent, where, in the case of any oil jetty at which loading or unloading operations are carried on, the Minister considers that the relevant requirements of these Regulations are not being observed in such a manner as to prevent risk of injury, the Minister reserves the right in any such case to revoke the written consent and to prohibit its re-issue until such time as he is satisfied that the appropriate steps as specified by him have been taken by any person concerned under Regulation 4 of these Regulations to secure compliance with the requirements of these Regulations.

(6) Where, at any time, a petroleum ship is allowed to berth at any oil jetty which is not within the functional area of a harbour authority for the purposes of loading or unloading operations, the person concerned under Regulation 4 (2) of these Regulations shall ensure that a proper and competent person is appointed in writing to carry out the functions of a harbour master under the relevant requirements of these Regulations and a true copy of every such appointment shall be forwarded by the person concerned to the Minister.

6. (1) An oil jetty shall not be used for the berthing of a petroleum ship, or for loading or unloading operations, otherwise than pursuant to (and in accordance with) a written consent, issued in pursuance of Regulation 7 of these Regulations by the Minister, or, in the case of an oil jetty of a harbour authority, by the harbour master concerned, authorising the use of the oil jetty for the loading or unloading of a petroleum ship, and in addition to the foregoing, the oil jetty shall only be used (unless the Minister or such harbour master otherwise directs) for loading or unloading of petroleum which is of a class specified in the consent.

(2) A written consent issued under this Regulation shall be in the form set-out in Form B in the First Schedule to these Regulations.

(3) Loading or unloading operations carried on at an oil jetty shall only be carried on in accordance with these Regulations.

(4) The conveying by pipeline of petroleum shall only be carried on in accordance with the relevant requirements of these Regulations.

(5) Subject to written permission by the harbour master concerned, an oil jetty shall not be used by a master of a petroleum ship for berthing unless there is adequate provision to afford sufficient mobility to the ship without having to rely on the state of the tide.

(6) A single buoy mooring shall not be used outside the functional area of a harbour authority by the master of a tanker for the purpose of loading or unloading operations unless approved.

7. (1) Subject to these Regulations, a harbour master may grant a written consent authorising loading or unloading operations and when granted may, from time to time, renew the consent.

(2) Every application by a person concerned under Regulation 4 (5) of these Regulations for a consent under this Regulation or for the renewal of such a consent shall be in the form specified as Form A in the First Schedule to these Regulations and shall —

( a ) be made to the Minister in the case of an oil jetty which is not within the functional area of a harbour authority, or

( b ) be made to the harbour master of the harbour authority concerned.

(3) Every written consent authorising loading or unloading operations by a person concerned under Regulation 4(5) of these Regulations shall be in the form specified as Form B in the First Schedule of these Regulations and be valid for a period specified therein which shall not in any case exceed three years.

(4) Any application by a person concerned under Regulation 4(5) of these regulations for a renewal of a written consent under paragraph (1) of this Regulation shall be made to the Minister or the appropriate harbour master as the case may be not less than 3 months before the expiry of the written consent, and in case the written consent is renewed the renewal shall be valid for a period specified in the renewal which shall not in any case exceed 3 years.

(5) A written consent shall not be granted to a person who is under the age of 21 years.

(6) Subject to Regulation 5 of these Regulations, a written consent shall be neither granted nor renewed unless the oil jetty concerned and any pipeline or connecting pipeline ashore connected therewith is constructed, located and otherwise complies with the requirements of these Regulations.

8. (1) A written consent given under this Regulation shall be valid only for use by the person to whom it is issued.

(2) Notwithstanding the fact that a written consent under these Regulations stands for the time being given as regards an oil jetty, if there is reasonably foreseeable risk of injury, loading or unloading operations shall not be carried on at the oil jetty by any person concerned under Regulation 4 of these Regulations.

(3) A person concerned under Regulation 4 (2) of these Regulations, before discontinuing the use of an oil jetty for loading or unloading operations either permanently or for any period exceeding six months which is not located in the functional area of a harbour authority, shall —

( a ) give not less than 30 days notice in writing to the Minister of his intention to discontinue the use of the oil jetty and the proposed period of disuse,

( b ) take all practicable steps including any as may be reasonably required by the Minister to prevent in connection with any pipeline risk of injury.

9. (1) A person concerned under Regulation 4 of these Regulations shall ensure that —

( a ) every person employed by him in connection with loading or unloading operations in or about a petroleum ship in a harbour or at an oil jetty is appointed in writing by a person authorised by him in writing to make such appointments,

( b ) a person is not appointed pursuant to subparagraph (a) of this paragraph unless –

(i) he has received the training and instruction described in Regulation 10 of these Regulations,

(ii) he is competent to carry out whatever duties or work as may be from time to time assigned to him in respect of the loading or unloading operations, but this sub-paragraph shall not apply in relation to a person who is undergoing training if he is working under the immediate supervision of a person who is competent and is appointed in accordance with subparagraph (a) of this paragraph.

(2) An authorised person may, at any time, revoke an appointment made under paragraph (1) (a) of this Regulation.

(3) Every person authorised by a person concerned to make appointments to which paragraph (1) (a) of this Regulation relates shall make himself acquainted with these Regulations and any other Regulations made under the Act which are for the time being in force and which apply to loading or unloading operations.

10. (1) A person concerned under Regulation 4 of these Regulations shall ensure that no person is employed by him in or about, or in connection with, an oil jetty unless he has received, and, where necessary, continues to receive, adequate training and instruction by a competent person before and during his employment in the precautions to be taken under these Regulations for —

( a ) his protection against risk of injury caused by petroleum,

( b ) the protection of any other person or property likely to be affected by such risk.

(2) Where a person receives the training and instruction required by paragraph (1) of this Regulation, it shall be followed by adequate and competent supervision to ensure that all necessary safety precautions are being observed to prevent risk of injury to him or any other person or to property because of his presence.

(3) The training required under paragraph (1) of this Regulation of a person in relation to the appointment of whom Regulation 9(1) of these Regulations relates shall include precise, accurate and appropriate instructions, both oral and in writing, for the safe conduct and performance of work at which he is to be employed and in particular shall relate to—

( a ) the manner and importance of observing the requirements, as regards the conduct of persons at an oil jetty, specified in the Second Schedule to these Regulations,

( b ) the nature of the risks presented by the presence of petroleum in the loading or unloading operations.

( c ) the necessary safety precautionary measures and systems of work to be observed by persons to prevent risk of injury,

( d ) the steps to be taken in the event of spillage, leakage or escape of petroleum at an oil jetty,

( e ) the steps to be taken in the event of fire, ignition or explosion or of such accident or emergency situations including procedures for operating the fire alarm, contacting the appropriate fire brigade authority, Garda Síochána or other persons by means specified in Regulation 25 of these Regulations,

( f ) the efficient use of fire-fighting equipment or appliances provided pursuant to Regulation 21 (2) (b) of these Regulations, the proper extinguishing agents for use therewith and the extinguishing agents which may not be used,

( g ) the function and proper use of personal protective clothing or other personal protective devices provided pursuant to Regulations 12, 46 and 67 of these Regulations,

( h ) the steps to be taken and treatment to be given in the event of any person or his protective clothing being affected by contact with petroleum to an extent likely to cause risk of bodily injury,

( i ) the carrying out of elementary first-aid procedures.

(4) In addition to the foregoing, the training and instruction to be given to every person employed in the operations shall (as regards the requisite knowledge and the standard of behaviour) be adequate to ensure the safe performance of work at which a person is employed and for the prevention of risk of injury.

(5) For the purpose of paragraph (3) of this Regulation, "in writing" means in the form of a manual of up-to-date written instructions which shall be issued to and safely retained by the person during and after the completion of his training and a copy of which shall be kept by the person concerned under Regulation 4 of these Regulations readily available for inspection.

11. (1) Where loading or unloading operations are carried on, a competent person shall be appointed in writing by the person or persons concerned under Regulation 4 of these Regulations to exercise supervision, to ensure compliance with the relevant requirements of these Regulations, and to enforce their observance.

(2) A person appointed pursuant to paragraph (1) of this Regulation—

( a ) shall not be required to carry out any other duties if to do so would prevent or unnecessarily delay the carrying out of any duty or work necessary to prevent risk of injury,

( b ) may order the immediate cessation of any operation or work which, in his opinion, is in breach of these Regulations or is otherwise dangerous.

(3) A person appointed pursuant to paragraph (1) of this Regulation shall —

( a ) ensure, as far as is practicable, before the loading or unloading operations are commenced that every pipeline or connecting pipeline, plant, equipment, device or appliance to be used in connection with the operations is, where necessary, tested and inspected in a suitable manner and that it is in satisfactory working condition and that it may be used without risk of injury,

( b ) ensure that during the pumping operation an effective check is maintained on every pipeline or connecting pipeline used in any pumping operation and that if any danger is revealed by such check all practicable steps are taken to remove it and, except for the purpose of removing it, any person exposed to the danger is withdrawn, and

( c ) investigate all occurrences involving the spillage, leakage or escape of petroleum Class I or petroleum Class II, the breakdown of any pipeline or connecting pipeline, and any failure to observe the requirements of these Regulations which causes injury to person or property or which may reasonably be regarded as causing a risk of such injury.

(4) ( a ) A report of every inspection and investigation made pursuant to paragraph (3) of this Regulation shall be made and signed forthwith by the person making the inspection or investigation and the report shall be entered in a book which shall be in such form as may be approved and which shall be provided by the person concerned and the said book shall be kept readily available for inspection.

( b ) A report of any danger revealed in the course of an inspection or investigation or any danger observed by a person appointed under this Regulation in the course of his duty or notified to such person in his official capacity together with the steps taken to remove the danger and prevent any recurrence, shall be made in the said book and shall be signed and dated by the person making the entry.

(5) In case an order is given pursuant to paragraph (2) of this Regulation, the order shall forthwith be complied with.

(6) For the purposes of this Regulation "danger" includes in particular, risk of the loss of life or injury to limb or to the health of any person or risk of injury to property.

12. Without prejudice to the provisions of Regulation 46 (4) (e) of these Regulations, a person concerned under Regulation 4 of these Regulations shall—

( a ) provide suitable protective clothing (including footwear and gloves or mitts) for a person employed by him in loading or unloading operations and he shall arrange for such clothing to be renewed when necessary and to be kept in a reasonably clean state by having the protective clothing, at appropriate intervals, washed or otherwise cleaned,

( b ) provide for use in accordance with the requirements of Regulations 46 (7) (a) and 67 (6) of these Regulations personal protective equipment including suitable and adequate respiratory breathing apparatus, lifelines, harness or belts for attaching lifelines thereto, safety spectacles or goggles, face shields, safety helmets or other means of head protection and the personal protective equipment so provided shall be maintained in good order, renewed when necessary and kept in a clean and hygienic condition and, when not in use, shall be readily available or accessible for immediate use,

( c ) in addition, ensure that the personal protective equipment provided pursuant to paragraph (b) of this Regulation is, where necessary, thoroughly examined at appropriate intervals for any defects by a competent person and a report on every such examination, written on the appropriate form, and signed by the person making the examination shall be kept available for inspection for at least two years.

13. The provisions contained in the Second Schedule to these Regulations shall apply as regards the conduct of persons in relation to an oil jetty or in relation to loading or unloading operations or in relation to a petroleum ship while such ship is berthed at the oil jetty.

PART II GENERAL MANAGEMENT AND CONTROL OF OIL JETTY

14. (1) An oil jetty shall not be used for loading or unloading operations connected with a tanker unless the following requirements of this Regulation are complied with by the person specified in Regulation 4 (2) of these Regulations.

(2) There shall be kept readily available for inspection a plan or certified copy of a plan drawn to a scale in metric units of measurement of not less than 1:2500, which shall be an extract from the relevant Ordnance Survey Map or tracing thereof, on linen or similar durable material and marked and coloured so as to identify clearly—

( a ) the location or site of an oil jetty and any pipeline or fire main connected thereto,

( b ) the district or area surrounding the oil jetty for not less than a distance of 4 kilometres in all directions,

( c ) the boundaries, drawn to a scale, which shall in this case be coloured red, of the land forming the area which is used in conjunction with the oil jetty or in conjunction with any pipeline connected to the oil jetty,

( d ) the North point on the plan.

(3) Where there is not readily available an Ordnance Survey Map drawn to the scale specified in paragraph (2) of this Regulation, a plan or certified copy of such a plan in metric units of measurement consisting of an extract from the relevant Ordnance Survey 1:1000 Map or tracing thereof on linen or similar durable material shall be accepted as complying with that paragraph if such map or tracing thereof is marked and coloured so as to identify clearly the matters mentioned in subparagraphs (a), (b), (c) and (d) of paragraph (2) of this Regulation.

(4) In addition to the requirements of paragraphs (2) or (3) of this Regulation, there shall be kept readily available for inspection—

( a ) one ground plan or certified copy of such a plan drawn to a scale in metric units of measurement of not less than 1:500 and marked and coloured so as to identify clearly the North point on the plan and the location and site of the oil jetty including every—

(i) restricted area,

(ii) pipeline or proposed pipeline (other than a connecting pipeline) used or intended to be used for conveying petroleum to or from a petroleum ship in the course of loading or unloading operations,

(iii) loading or unloading location and every area (if any) in the vicinity of the oil jetty in which smoking or the use of naked lights is not permitted,

(iv) location outside the restricted area of the oil jetty where smoking is permitted,

(v) fire main (if any),

(vi) road or railway line (if any),

(vii) security barrier or fence (if any) controlling means of access to or egress from the restricted area of the oil jetty,

(viii) any building or similar structure which is used in connection with the oil jetty or is located at the oil jetty,

( b ) suitable plans or drawings to an appropriate scale and in accordance with sound engineering practice giving adequate details of the construction, dimensions, manner of installation, together with any other appropriate particulars relevant in the circumstances of—

(i) the oil jetty,

(ii) each pipeline, each main valve or other device for stopping, controlling, regulating, isolating or relieving the flow of petroleum or pressure in the pipeline which is capable of being used or is intended for use on shore in connection with loading or unloading operations and conveying of petroleum Class I, petroleum Class II or petroleum Class III or grades thereof, and

(iii) fire main (if any).

(5) In addition to the requirements of paragraphs (2), (3) and (4) of this Regulation there shall be kept readily available for inspection—

( a ) a copy of any plan, drawing or particulars governing any enlargement, addition, re-construction or alteration to an oil jetty and which permission has been given pursuant to Regulation 5 or 16 of these Regulations,

( b ) a written statement setting out the maximum length, beam, draught and displacement of a petroleum ship which may safely be allowed to berth at the oil jetty.

15. (1) Subject to Regulation 5 of these Regulations, a written consent authorising the use of an oil jetty for berthing a petroleum ship or for loading or unloading operations shall not be issued by the harbour master of a harbour authority unless he is satisfied that the oil jetty is of suitable design, good construction, sound non-combustible material and adequate strength for the purpose for which it is, or is intended to be, used.

(2) Every oil jetty shall be—

( a ) adequately and suitably supported and secured on a firm foundation in accordance with good engineering practice so as to ensure the stability and safety of all parts of the jetty under the most severe service or climatic conditions likely to be encountered in normal use,

( b ) maintained in good order and condition,

( c ) provided with suitable and adequate fendering not capable of producing sparks through contact with a petroleum ship whether berthing or berthed,

( d ) provided with suitable and adequate bollards and safe mooring arrangements for a petroleum ship,

( e ) provided with suitable and adequate means for collecting or containing any spillage or escape of petroleum which is likely to occur at the jetty during normal loading or unloading operations,

( f ) inspected by a competent person at least every 6 months to—

(i) ascertain if the jetty is being maintained in the manner required by this Regulation,

(ii) verify that it is structurally safe and stable and is otherwise safe for the purpose for which it is used,

and where a written consent has been issued in relation to an oil jetty and is for the time being in force it shall not be taken into account in deciding whether or not the requirements of this paragraph are complied with in relation to the jetty.

(3) Every inspection under this Regulation shall be carried out by a competent person and a report to the person concerned under Regulation 4(2) of these Regulations shall be made in any approved of form by the competent person and shall be kept available for inspection for not less than 3 years.

(4) Any fault or defect likely to infringe a requirement of these Regulations which is discovered pursuant to an inspection carried out under this Regulation and which is referred to in the relevant report shall be remedied as soon as may be by the person concerned provided that where the report states that there exists a risk of injury because of such fault or defect, then as on and from the receipt by the person concerned of the report loading or unloading operations shall not be carried on until it is made safe by remedying such faults or defects.

(5) Every road or other surface within the boundaries of an oil jetty which is provided for the use of vehicles, mobile equipment or persons shall be—

( a ) properly constructed and maintained, be capable of withstanding the maximum loads likely to be imposed upon it and be safe for the purpose for which it is or is intended to be, used,

( b ) provided with adequate and suitable means of drainage for surface water,

( c ) provided with a suitable and sufficient means of lighting,

( d ) kept free, so far as practicable, from any obstructions likely to interfere with or impede its safe and orderly use during loading or unloading operations.

(6) Every traffic lane or road within the boundaries of an oil jetty which is normally used in connection with loading or unloading operations by vehicles or any other self-propelled mobile equipment shall, where necessary, be adequately signposted for safely directing traffic and the safe maximum speed of vehicles or other self-propelled mobile equipment shall be posted up together with stop notices which shall be clearly visible at appropriate locations.

(7) In addition to the requirements of paragraph (5) of this Regulation, the surface area of an oil jetty which is in an area used for loading or unloading operations shall be—

( a ) designed, constructed, drained and constantly maintained so as to prevent, as for as practicable, escape or leakage of petroleum and resist seepage or absorption into the ground or deck of petroleum,

( b ) kept free of debris, surface water, vegetation, waste materials or substances.

16. (1) Save where, apart from these Regulations, the consent of a planning authority is required and has been duly given in that regard, the enlargement, addition, re-construction or alteration of an oil jetty, or, as the case may be, the work of modification, change or re-arrangement of any loading or unloading operation or any conveying operation connected with an oil jetty shall not be carried out unless an application in writing for permission to do so has been submitted to, and the permission given in writing by—

( a ) the Minister in case of an oil jetty which is not within the functional area of a harbour authority, or

( b ) the harbour authority concerned.

(2) Where an approval in writing has been given under this Regulation by the Minister or the harbour authority for the carrying out of work, if, after the expiration of twelve months after the giving of the permission, or such longer period as the Minister or the harbour authority who gave the permission may allow, the work generally is not in hands, the approval shall cease to have effect but without prejudice to the validity of anything previously done thereunder.

(3) In this Regulation, "planning authority" has the meaning assigned to it by section 2 of the Local Government (Planning and Development) Act, 1963 .

17. (1) Without prejudice to Regulation 53 of these Regulations, in case a petroleum ship is used in loading or unloading operations, the master of the ship and the person concerned under Regulation 4(2) of these Regulations shall ensure (unless the harbour master otherwise directs) that where electrical power is supplied by an electric cable to the ship from the shore, the electrical equipment or apparatus, including the electric cable, connecting fittings and switch-gear complies with paragraphs (2) to (9) of this Regulation.

(2) All the electrical equipment or apparatus shall be so constructed and installed that there is no risk of injury to any person handling it in a proper manner.

(3) All electrical conductors shall be adequately insulated and protected against physical damage and chaffing.

(4) Each separate electric circuit shall he protected against short-circuiting.

(5) Each overload protective device shall be permanently marked with its rated current-carrying capacity.

(6) No cable shall be suspended in an overhead position where it may be liable to damage.

(7) The switching arrangements for the connection of the electrical supply to the ship's electrical equipment or apparatus shall be such as to prevent inadvertent connection to any electrical circuit which might give rise to risk of injury.

(8) A suitable and adequate earth conductor shall he provided for connection to the earth terminal of the ship.

(9) The electrical connection between the shore cable and the ship shall be made by means of a connection box or device designed, constructed, located in a safe place, installed, tested, certified and maintained in accordance with—

( a ) any Rules and Regulations issued from time to time by Lloyds and which are, for the time being in force, or

( b ) other requirements specified by a body analagous to Lloyds and which the harbour master regards for the purposes of these Regulations as being a body of appropriate standing.

(10) Where there is any possibility of risk of injury, the master of a petroleum ship shall ensure that no fixed ship's radio, transmitters or radar equipment is connected, disconnected, operated or used during loading or unloading operations unless the permission of the harbour master has been asked for and has been given but this requirement shall not apply to very high frequency (VHF) radio equipment provided its power output does not exceed 1 watt.

(11) In this Regulation, "Lloyds" means Lloyds Register of Shipping, 71 Fenchurch Street, London.

18. (1) All practical steps shall be taken by a master of a petroleum ship or by a person concerned, as may be appropriate, to prevent in such a ship or in loading or unloading operations, any generation, accumulation or discharge of static electricity which would be sufficient to ignite petroleum vapours or otherwise to cause risk of injury.

(2) In addition to complying with paragraph (1) of this Regulation, a master of a petroleum ship or a person concerned shall comply with any requirements in relation to a petroleum ship, an oil jetty or loading or unloading operations which a harbour master may impose for preventing risk of injury from the generation, accumulation or discharge of static electricity.

19. (1) Unless otherwise directed by a harbour master and in so for as it is within his control so to do, a person concerned under Regulation 4(2) of these Regulations shall ensure, that—

( a ) no packed petroleum is brought to any jetty until a petroleum ship is ready to receive it,

( b ) no packed petroleum is unloaded at a jetty unless the vehicle, ship or means of transport is available in its proper place and is ready to receive it,

( c ) all packed petroleum unloaded at a jetty is removed in a safe manner and without any undue delay from the jetty,

( d ) all petroleum containers of any kind whatsoever and demountable tanks or fixed tanks from which petroleum Class I or petroleum Class II has been removed and which are at a jetty shall, unless thoroughly cleaned and dried internally and free from all traces and vapours of such petroleum, be kept securely closed, liquid and vapour tight and not be allowed to remain at a jetty after sunset or be brought to a jetty before sunrise without the approval of the harbour master concerned,

( e ) all packed petroleum which is unloaded at a jetty is marked or labelled in an approved manner.

(2) Insofar as it is within his control so to do, a consigner or carrier bringing or causing a freight container containing petroleum Class I or petroleum Class II to be brought to a harbour for the purpose of loading it onto or unloading it from a ship or vessel and every person concerned whose responsibility it is to undertake or to carry out the loading or unloading referred to shall ensure that the freight container is in accordance with such requirements relating to design, construction, maintenance, examination, testing, certification, marking, labelling or transport documentation as may be approved of for preventing risk of injury.

(3) In this Regulation—

"jetty" means a jetty, dock, pier, quay or wharf in a harbour which is used or intended to be used for berthing a ship in connection with (but not exclusively for) the loading or unloading of cargo,

"freight container" means an article of transport equipment of a permanent character, of adequate strength and construction for repeated use and suitably designed to facilitate the safe containment of goods or substances one or more modes of transport without intermediate re-loading.

20. (1) Unless otherwise provided by a harbour master, there shall, during loading or unloading operations, be provided and maintained at appropriate places in or about every oil jetty by the person concerned under Regulation 4(2) of these Regulations an adequate number of receptacles made of non-combustible materials for the temporary disposal of any dust or waste obtained by sweeping, cleaning or otherwise and such receptacles shall be—

( a ) provided with lids,

( b ) clearly and boldly marked "WASTE", and

( c ) emptied of dust or waste at least once a day and if necessary at more frequent intervals.

(2) Flammable or explosive substances, oiled cotton, oiled rags, oiled waste or other contaminated materials, or articles liable to spontaneous combustion, shall not be kept while not in use at any place at an oil jetty and all practicable steps shall be taken by the person concerned under Regulation 4(2) of these Regulations to dispose of any such flammable or explosive substances or combustible materials by a safe means and in a safe manner.

(3) In particular and without prejudice to the generality of paragraph (2) of this Regulation, a person concerned under Regulation 4(2) of these Regulations shall take all practicable steps to ensure that the means and manner used in the disposal of petroleum or other waste which emanate from the operations are adequate to prevent risk of injury.

21. (1) In relation to loading or unloading operations at an oil jetty, the person concerned under Regulation 4(2) of these Regulations shall take all practicable steps to prevent risk of ignition, fire or explosion, to combat fire and to prevent the spread of fire.

(2) Subject to Regulation 5 of these Regulations and without prejudice to the generality of paragraph (1) of this Regulation, an oil jetty shall not be used for loading or unloading operations unless there is provided by the person concerned under Regulation 4 (2) of these Regulations at the oil jetty to the extent as may reasonably be required by the appropriate fire brigade authority with due regard to the quantity, class or classes of petroleum likely at any one time to be present at the oil jetty in connection with loading or unloading operations, the following, namely—

( a ) a fire main or other suitable means capable of supplying at all times for the purpose of fire fighting a sufficient quantity of water at an adequate pressure,

( b ) adequate and suitable fire-fighting equipment including such smothering agents, or substances (if any) as the authority considers necessary.

(3) The person concerned under Regulation 4(2) of these Regulations shall ensure that fire-fighting equipment, agents or substances required to he provided under paragraph (2) of this Regulation are—

( a ) suitably located, positioned, arranged, maintained in an efficient state and protected where necessary, and

( b ) ready without hindrance or obstruction for immediate use at any time when a petroleum ship is berthed at the oil jetty concerned.

(4) The person concerned under Regulation 4(2) of these Regulations shall carry out or cause to be carried out such periodic fire-fighting drills, tests, examinations and inspections of fire-fighting equipment, agents or substances provided pursuant to this Regulation as may be specified in writing from time to time by the appropriate fire brigade authority.

(5) Records in a form approved by the appropriate fire brigade authority shall be kept by a person concerned under Regulation 4(2) of these Regulations in relation to fire-fighting drills, tests, examinations or inspections carried out in compliance with the requirements of paragraph (4) of this Regulation.

(6) Measures shall be taken by a person concerned under Regulation 4(5) of these Regulations to ensure that a sufficient number of the persons employed by him in the loading or unloading operations are suitably trained in the efficient use of the fire-fighting equipment, agents or substances provided in accordance with paragraph (2) of this Regulation to combat fire.

(7) In addition to the foregoing the appropriate fire brigade authority may require by notice in writing a person concerned under Regulation 4(2) of these Regulations to have available for immediate use for fighting fire during loading or unloading operations or where a petroleum ship is berthed at an oil jetty, fire fighting barges or other suitable water craft, and in case a requirement is made under this paragraph then the person concerned on whom the requirement is made shall comply with the requirement and shall keep any water craft provided pursuant thereto in an efficient state and properly manned.

22. For so long as loading or unloading operations are being carried on at an oil jetty, the person concerned under Regulation 4(2) of these Regulations shall provide or cause to be provided an alarm or signal system for giving adequate warning in case of fire or the danger of ignition or explosion or any other analagous emergency and the said person concerned shall ensure that such alarm or signal system—

( a ) is suitably located and installed to ensure that it is accessible or available at all times for immediate use and capable of being operated or activated without foreseeable delay or risk to any person, who may have to use it,

( b ) when operated or activated is clearly audible or perceptible within or from a distance in all directions which in the circumstances is adequate,

( c ) is such that when it is operating it is readily distinguishable from and will not be confused with any other alarm or signal system at the oil jetty or its immediate surroundings,

( d ) so far as it may fall within the control of the said person concerned is maintained in proper working order.

23. (1) For the purpose of preventing injury to persons or property during loading or unloading operations at an oil jetty, the person concerned under Regulation 4 (2) of these Regulations shall ensure that the location and lay-out of the oil jetty shall be designed, planned, arranged and organised so as to ensure that in the event of fire, danger or alarm—

( a ) an adequate, unobstructed and safe means of escape, which shall be suitably marked or signposted is provided for any person employed or otherwise present at the oil jetty or on a petroleum ship or in or on any structure, building or premises at the oil jetty,

( b ) all practicable steps are taken to ensure that persons employed by him and by the person concerned under Regulation 4(5) of these Regulations at the oil jetty are familiar with the safe means of escape provided pursuant to this Regulation and with the use thereof and the routine to be followed in case of fire,

( c ) an adequate and unobstructed means of ingress and egress ashore (which shall be suitably marked or signposted), together with such other protection or safeguards (if any) as may be required in the circumstances are provided for persons, vehicles or mobile fire-fighting equipment to facilitate fire-fighting, to extinguish or to prevent the spread of fire, ignition or explosion at the jetty,

( d ) at an offshore jetty, sufficient and suitable rescue launches properly maintained in a seaworthy condition and properly manned by an adequate number of persons efficiently trained and instructed in rescuing persons from the water, tanker or jetty and capable of rendering first-aid and artificial resuscitation,

( e ) the launches provided pursuant to subparagraph (d) of this Regulation shall be equipped with—

(i) a communication system capable of being used in conjunction with, and as part of, the means of communication specified in Regulation 25 of these Regulations,

(ii) suitable and reliable portable or fixed searchlights for use at night,

(iii) blankets, artificial resuscitation devices and sufficient first-aid equipment contained in an easily accessible water-tight container or enclosed space,

(iv) a suitable portable boarding ladder to facilitate entry of rescued persons into the launch, and

(v) two portable fire extinguishers or fixed fire extinguishers of suitable capacity, which are easily brought into action and are capable of extinguishing burning petroleum.

(2) In complying with the requirements of paragraph (1) of this Regulation, a person concerned under Regulation 4 (2) of these Regulations shall have regard to the size, extent, or volume of the loading or unloading operations normally carried out at the oil jetty concerned.

(3) Subject to compliance with any written instructions given by the appropriate fire brigade authority, there shall be posted and kept posted in a suitable location at an oil jetty by the person concerned under Regulation 4 (2) of these Regulations a notice in such form as may be approved of relating to "Instructions in Case of Fire or other Emergency to Master of Petroleum Ship and to the Person Concerned in Loading or Unloading Operations" and every such notice shall be worded in red letters, not less than 50 millimetres in height and imposed on a white background.

(4) Without prejudice to the generality of paragraph (3) of this Regulation, the notice required to be posted by this Regulation shall contain—

( a ) particulars of the oil jetty fire alarm or signal,

( b ) directions, directing the action to be taken in case of fire or other emergency on board any petroleum ship berthed at the jetty,

( c ) directions directing the action to he taken in case of fire or other emergency ashore at the jetty.

(5) In case a petroleum ship berths at an oil jetty the person concerned under Regulation 4 (2) of these Regulations shall, as soon as may be, hand or cause to be handed to the master of the ship a copy of the notice posted at the jetty pursuant to this Regulation.

(6) In this Regulation "emergency" means an emergency likely to interfere with or affect either the safety of a petroleum ship berthed at, or the safety of the loading or unloading operations carried on at, an oil jetty.

24. (1) The appropriate fire brigade authority is hereby authorised after inspecting an oil jetty to issue for the purposes of these Regulations a certificate certifying that an oil jetty has been inspected by the authority on a date specified in the certificate and that in relation to the oil jetty on that date the requirements of paragraphs (1), (2) and (3) of Regulation 23 of these Regulations have been complied with.

(2) A certificate under this Regulation shall remain in force until revoked by the fire brigade authority by which it was issued.

(3) There shall be posted and kept posted in a suitable location at any oil jetty by the person concerned under Regulation 4 (2) of these Regulations a certificate under this Regulation which is for the time being in force and is issued in relation to the jetty.

25. (1) In case loading, unloading operations are carried on at an oil jetty, the person concerned under Regulation 4 (2) of these Regulations shall provide or cause to be provided at the jetty and on the petroleum ship an adequate and reliable means of two-way communication between ship and shore for forthwith summoning the assistance of all or any of the following, namely, the appropriate fire brigade authority, the ambulance authority, the Garda Síochána, or any other person specified in a written consent, in case of fire, risk of ignition or explosion, injury to persons or property or other emergency.

(2) The means of communication provided pursuant to paragraph (1) of this Regulation shall, so far as it is within the control of the person concerned under Regulation 4 of these Regulations to ensure, he maintained by him in an efficient state.

26. (1) A suitable and adequate fire-fighting and emergency evacuation plan as regards an oil jetty shall be prepared by the person concerned under Regulation 4 of these Regulations not later than 12 months after the commencement of these Regulations and when prepared two copies of the plan shall be submitted to the appropriate fire brigade authority for approval.

(2) Where a plan is submitted to the appropriate fire brigade authority pursuant to this Regulation, the authority may approve the plan with or without further modification or reject the plan, and in case the plan is approved by the authority, the authority shall return to the person concerned under Regulation 4 (2) of these Regulations a copy of the plan which copy shall include such modifications (if any) as have been made to the plan by the authority.

(3) In case a plan submitted pursuant to this Regulation is rejected by the appropriate fire brigade authority, the person concerned under Regulation 4 (2) of these Regulations shall prepare and submit under this Regulation a further plan to the authority within such period (being not less than three months) as is specified in the rejection.

(4) In case a plan is approved under this Regulation by the appropriate fire brigade authority, a copy of the plan, certified by the authority, shall be kept by the person concerned under Regulation 4 (2) of these Regulations at the oil jetty to which it relates or other approved of place and in addition to the foregoing, the said person concerned shall send or give, or cause to be sent or given, a copy of the plan so certified to each of the following, namely, the Minister, the relevant harbour master (if any), the ambulance authority in whose functional area the oil jetty is located, the master of every petroleum ship using the said oil jetty (who shall keep it available for inspection while his ship is berthed at the said oil jetty), an officer of the Garda Síochána (including an inspector if he is acting as superintendent) in whose area the said oil jetty is located, and upon request to the person concerned under Regulations 4 (4) and 4 (5) of these Regulations.

(5) A plan prepared pursuant to paragraph (1) of this Regulation shall neither he altered nor modified unless prior notice in writing thereof has been given to the appropriate fire brigade authority and the authority has approved of the proposed modification or alteration.

(6) Every plan prepared pursuant to paragraph (1) of this Regulation shall include appropriate diagrammatic or written particulars of the following, namely—

( a ) the alarm or signal systems and means of communication for summoning assistance,

( b ) the fire-fighting installation, provided at the relevant oil jetty,

( c ) the number of persons who are trained in fire-fighting techniques and who are likely to be available to assist in extinguishing or preventing at the said jetty the spread of—

(i) an ignition, fire or explosion, or

(ii) a dangerous spillage or escape or outflow of petroleum,

(iii) any toxic or otherwise harmful fume, gas or vapour likely to emanate from any occurrence aforesaid,

( d ) particulars of the instructions to be observed by persons employed at the relevant oil jetty in the event of any occurrence mentioned in clause (i), (ii), or (iii) of subparagraph (c) of this paragraph,

( e ) the traffic control arrangements in case of such fire,

( f ) the evacuation scheme to be followed if necessary in respect of the relevant oil jetty or buildings or other land adjoining the said jetty and likely to be affected in the event of any occurrence mentioned in the said clause (i), (ii), or (iii),

( g ) the—

(i) overall safety organisation or procedures to be implemented, and

(ii) means of communication provided at the relevant oil jetty pursuant to Regulation 25 of these Regulations.

(7) Every plan prepared pursuant to paragraph (1) of this Regulation, shall for the purpose of evaluating its effectiveness be reviewed by the person concerned under Regulation 4(2) of these Regulations, either—

( a ) at such interval (which shall be an interval of less than three years but not less than one year) as is for the time being specified by the appropriate fire brigade authority, or

( b ) in case no interval stands for the time being so specified not later than three years after the preparation of the plan or its last review under this Regulation, as may be appropriate.

(8) A person concerned under Regulation 4(2) of these Regulations shall after consultation with the appropriate fire brigade authority ensure that, so far as is reasonably practicable, all persons likely to be affected by a plan prepared pursuant to paragraph (1) of this Regulation are notified or otherwise made aware from time to time of the manner in which they will probably be affected if the plan is implemented.

27. (1) The person concerned under Regulation 4 of these Regulations shall ensure that the provisions of this Regulation are complied with while a petroleum ship is berthed at an oil jetty for the purpose of loading or unloading operations.

(2) ( a ) a notice complying with the requirements of subparagraph (b) of this paragraph shall be posted and kept posted—

(i) at every entrance to an oil jetty or means of approach adjacent thereto,

(ii) at other suitable locations on, near or along the boundaries of an oil jetty.

( b ) The requirements referred to in subparagraph (a) of this paragraph are the following, namely, the notice shall contain the following words:

"DANGER

FLAMMABLE LIQUIDS

NO FIRES OR NAKED LIGHTS

NO SMOKING

NO UNAUTHORISED PERSONS"

which shall be in bright red letters not less than 150 millimetres in height, the lettering to be used on a white background.

(3) There shall be posted and kept posted in a position to enable it easily to be seen and read at every entrance to an oil jetty a notice prohibiting smoking in or at the restricted area of the oil jetty and prohibiting the carrying within such restricted area of any matches, mechanical lighters, open flames, naked lights or any spark producing device, or other means of procuring a flame or any agency, article or substance liable to cause ignition, fire or explosion.

(4) There shall be posted and kept posted at an oil jetty in a manner to enable it to be easily seen and read, a notice containing an adequate and clear statement of the action to be taken at the jetty in the event of a fire or other emergency (whether actual or anticipated) at the jetty.

(5) There shall be posted and kept posted at an oil jetty, in such manner as to enable it easily to be seen and read—

( a ) a copy of the Second Schedule to these Regulations,

( b ) an abstract of the Act in such form as may be approved of.

(6) For so long as a petroleum ship is berthed at an oil jetty, there shall be provided and kept by the person concerned in a convenient place at the oil jetty, a copy of these Regulations which he shall keep available at all reasonable times for reference by any person employed by him at the jetty.

PART III DUTY OF OWNER OR MASTER OF PETROLEUM SHIP

28. (1) Without prejudice to the requirements of section 63(1) of the Act, the master of a petroleum ship carrying petroleum Class I on entering any harbour shall—

( a ) forthwith inform the harbour master thereof of the quantity of petroleum Class I, petroleum Class II or petroleum Class III being carried as cargo on the ship together with such particulars of the flash points of the petroleum as the harbour master may direct;

( b ) inform the harbour master, if the harbour master so requires, forthwith of the manner in which the petroleum mentioned in subparagraph (a) of this paragraph is being conveyed or stowed.

(2) Notwithstanding any requirement of these Regulations, the master of a petroleum ship and the harbour master concerned shall ensure that before any petroleum ship is berthed at an oil jetty and before any loading or unloading operations are commenced that any provisions as may be approved of relating to the exchange of information between the master of a petroleum ship and a harbour master shall be observed in relation to the ship's mooring or unmooring arrangements or the loading or unloading operations as may be necessary to prevent risk of injury.

(3) The requirements of this Regulation are without prejudice to the provisions of EEC Council Directive of 21 December, 1978, concerning minimum requirements for certain tankers entering or leaving Community Ports (O.J. No. L33, 8/2, 1979, P. 33 ).

29. A master of a petroleum ship shall, while the ship is in harbour, comply with each of the following requirements, namely—

( a ) he shall not anchor, moor or move his ship unless with the permission of or by order or direction of the harbour master concerned,

( b ) he shall remove his ship from any berth or place if so directed by such harbour master,

( c ) he shall not anchor or moor his ship at a place other than the place specifically assigned to the ship for the purpose by such harbour master,

( d ) he shall, unless otherwise permitted by the harbour master concerned, ensure that his ship at all times lies at a distance of not less than 30 metres from any other ship, except for—

(i) trans-shipment operations, or

(ii) any other operations specifically exempted from the said requirements by a harbour master, and in relation to which adequate steps have been and shall be taken to prevent risk of injury,

( e ) he shall ensure that his ship, while alongside an oil jetty is adequately secured at all times in the best manner possible in the circumstances with moorings of sufficient strength and number having regard to—

(i) the size of the ship,

(ii) the surface or climatic conditions likely to be encountered, and

(iii) the need for adjustment of moorings which shall be kept under surveillance at all times, unless otherwise directed by the harbour master concerned, to allow for the rise or fall of the tide and for the loading or unloading of cargo,

(f) he shall ensure that a copy of these Regulations is posted and kept posted in the ship in a manner to enable it easily to be seen and read by the officers and crew.

30. (1) Subject to paragraph (5) of this Regulation, the master of a petroleum ship which is in a harbour and is carrying petroleum Class I or petroleum Class II as cargo in bulk shall, unless otherwise directed by the harbour master concerned, ensure that his ship—

( a ) at all times, whether moored, anchored or underway displays a flag of the dimensions and colour specified in Form D in the First Schedule to these Regulations (which flag is known as, and in these Regulations is subsequently referred to as, flag "B" of the International Code of Signals),

( b ) in case the ship is a tanker, at all times during loading or unloading operations displays the two flag signal "Q" and "O" of the International Code of Signals so as to indicate that "YOU SHOULD NOT COME ALONGSIDE",

( c ) when moored or anchored (but not otherwise) displays a suitable and adequate red light which is constructed so as to provide, as far as practicable, a clear, uniform and unbroken light visible in conditions of normal visibility all round the horizon for a distance of not less than 3.7 kilometres.

(2) A flag or light required by paragraph (1) of this Regulation shall be effectively and properly displayed at the masthead, or in some other conspicuous position, so as to ensure that the flag or light is adequately visible and in addition to the foregoing in the case of a light it shall be displayed—

( a ) not less than 6 metres above the top deck of the ship concerned, and

( b ) at a vertical height exceeding that of any other light which the ship may display.

(3) Where it is not practicable for a master of a harbour craft to comply with the requirements of paragraph (1) or (2) of this Regulation, the harbour craft shall in lieu display in a conspicuous position and in the most effective manner possible in the circumstances flag "B" but in case the petroleum being carried as cargo is petroleum packed in suitable leak-proof portable containers, then for so long as the petroleum is so packed and unless the harbour master concerned otherwise directs, the requirements of this paragraph shall not apply to the craft.

(4) The flags required by paragraph (1) (b) of this Regulation shall be hoisted prior to the commencement of loading or unloading operations and shall continue to be flown after loading or unloading, until—

( a ) all ship-to-shore pipeline connections have been disconnected, and

( b ) it has been established either by or on behalf of the master of the tanker concerned that the tanker is free of gas above its decks and in its ship's accommodation and is otherwise free of a dangerous concentration of vapour in other spaces.

(5) The provisions of paragraphs (1) to (3) of this Regulation are in addition to and not in substitution for the provisions of any statutory or other instrument, requiring or regulating the display of navigation lights in a petroleum ship or harbour craft.

31. (1) The master of a petroleum ship or any person concerned under Regulation 4 (5) of these Regulations shall ensure that—

( a ) the ship is not used in loading or unloading operations at an oil jetty,

( b ) gas-freeing or tank washing or tank cleaning operations are not carried out in any harbour

unless the harbour master has been given in such a manner and at such time as he may direct sufficient advance notice thereof in the form set out in Form C in the First Schedule to these Regulations, together with such additional particulars as the harbour master may require of the time and place at which such operations are to be carried out and the harbour master has approved of the time and place.

(2) The master of a petroleum ship or any person concerned under Regulation 4 of these Regulations shall ensure that operations mentioned in subparagraphs (1) (a) and (1) (b) of this Regulation are not undertaken unless—

( a ) the requirements of these Regulations are observed in relation to—

(i) preventing spillage or escape of petroleum,

(ii) preventing risk of ignition, explosion, fire or spread of fire,

(iii) preventing risk of injury,

( b ) a communications system complying with the requirements of Regulation 25 of these Regulations has been tested for its effectiveness and is in operation and efficient liaison is established and maintained between compedent persons on the ship and on the shore,

( c ) all persons who are officers or members of the crew of the ship have been adequately trained and instructed by a competent person in the duties or work they are to perform (and are competent to do) in connection with the loading or unloading operations and in the safety precautions or safety procedures to be observed under these Regulations for preventing risk of injury,

( d ) a certificate of readiness in such form as may be approved of has been prepared, signed and dated by the master of the ship and by the person concerned under Regulation 4 (5) of these Regulations who shall arrange to keep a copy of the said certificate of readiness available for inspection for not less than 12 months,

( e ) a copy of the said certificate of readiness has been given to such harbour master whenever he so requires.

(3) Notwithstanding any requirement of these Regulations, where the Minister considers it expedient to prevent risk of injury to person or property in the loading of petroleum Class I of petroleum Class II or any other dangerous substances onto a petroleum ship, he may require the owner or master of the ship to have in his possession a valid certificate of fitness as may be approved of in accordance with the relevant Inter-Governmental Maritime Consultative Organisation (IMCO) Code for the construction and equipment of the ship certifying that the construction and equipment of the ship are such that petroleum Class I or petroleum Class II or any other dangerous substances as may be approved of can be carried in that ship.

32. In case a petroleum ship is berthed at an oil jetty—

( a ) the master of the ship shall take all practicable steps to ensure that every overboard discharge valve connected to the ship's tank system is properly closed and lashed so that petroleum cannot leak or escape from it, but where the lashing of any such valve is impracticable, some suitable means of marking shall be implemented by the master so as clearly to indicate that every such valve is to remain closed, and

( b ) in case the ship is so berthed for the purpose of loading or unloading operations, then, unless otherwise directed by the harbour master concerned, the master of the ship shall ensure that—

(i) a competent deck officer and a competent engineer officer, together with sufficient competent members of the crew are at all times on duty and available—

I for the purpose of enabling the requirements of these Regulations which apply to the ship to be fully complied with,

II in the event of an ignition or a fire, to operate or use the fire pumps, fire extinguishing appliances or other plant, equipment, materials or substances required to be operated or used in such an event,

III to deal in an efficient and adequate manner with any similar emergency likely to cause risk of injury, occurring during the operations, and

( c ) the said master shall ensure that—

(i) adequate towing off wires of sufficient strength are secured to the off-shore bow and quarter bollards with the towing eyes maintained at water level and that the said wires are ready for immediate use, without adjustment, to tow the ship away from the oil jetty in case of fire or other such emergency of such a character as to be likely to endanger the safety of the ship or to cause risk of injury,

(ii) no sea suction valve communicating with a pump used in the petroleum ship for pumping petroleum is opened until the pump is running and the relevant suction pipeline is subjected to partial vacuum.

33. (1) A master of a petroleum ship which is in a harbour shall take all practical steps to ensure that all openings from any of the ship's cargo tanks to the atmosphere, other than a gas vent line or vent system acceptable to the harbour master concerned, shall (unless otherwise directed by such harbour master) be kept securely closed during the conveyance by pipeline of petroleum Class I or petroleum Class II in a loading or unloading operation, provided that the foregoing shall not be construed as prohibiting the removal of ullage plugs or sighting ports solely for the purpose of taking dips or samples if, but only if—

( a ) the ullage plugs or sighting ports are securely closed immediately on completion of a dipping or sampling operation, or

( b ) the ullage or port openings are adequately protected by fine gauze mesh made of copper or other suitable non-corroding flame arresting metal of not less than 28 intervening spaces to 25 linear millimetres or other effective and suitable flame arresting device, or

( c ) adequate steps are taken to prevent the risk of a dangerous concentration of vapours in an enclosed space.

(2) Where a gauze mesh or other flame arresting device mentioned in subparagraph (b) of paragraph (1) of this Regulation is provided in relation to an ullage or port opening, the master of the petroleum ship concerned shall ensure that the device is at all times maintained so as to permit the unrestricted passage of air through it.

34. (1) Before the commencement in a harbour of a pumping operation involving the use of a pipeline, the master of the petroleum ship concerned and the person concerned under Regulation 4 (5) of these Regulations shall agree (unless otherwise directed by the harbour master concerned) to the safe maximum pumping rates to be maintained in the operation and before so agreeing they shall each take into account—

( a ) the arrangement and rated capacity of the ship's pipelines and gas venting system,

( b ) the designed working pressure for the ship-to-shore pipelines and associated connecting pipelines,

( c ) the frequency of checks to be carried out either by or on behalf of the master of the ship or the person concerned under Regulation 4 (4) of these Regulations to ensure that the agreed loading or unloading pumping rates or pressures are not exceeded.

(2) The following additional requirements shall also be observed during a loading or unloading operation at a harbour involving the pumping to or from a petroleum ship of petroleum Class I or petroleum Class II, namely, at the commencement of the loading or unloading of each tank in the ship, venting shall be affected by means of either—

( a ) suitable and adequate vent lines having their outlets in a safe position for securing the efficient and safe dispersal of gas at the masthead or, where appropriate, at the top of a derrick post, or

( b ) a gas venting system which is both adequate and acceptable to the harbour master concerned.

(3) Without prejudice to paragraph (2) of this Regulation, a person concerned under Regulation 4 (2) of these Regulations shall, during loading or unloading operations or during the presence of a petroleum ship at an oil jetty, ensure that—

( a ) the arrangement and positioning of openings or outlets in the cargo tank deck from which gas emission is likely to occur are such as to effectively minimize the possibility of gas being admitted to enclosed spaces containing a source of ignition, or collecting in the vicinity of any deck machinery or equipment capable of constituting an ignition hazard and in every case the height of the gas discharge openings or outlets above the deck and the discharge velocity of the gas shall be properly considered in conjunction with the distance of any outlet from any deckhouse opening or source of ignition, so as to adequately prevent a dangerous concentration of gas,

( b ) the arrangement of ventilation inlets and outlets and other deckhouse and superstructure boundary space openings are such as to complement the provisions of subparagraph (a) of this paragraph and such vents, particularly for machinery spaces, are located as far aft as practicable in particular when the ship is equipped to load or unload at the stern,

( c ) cargo pump rooms used for loading or unloading operations are adequately and suitably ventilated by mechanical means incorporating, where necessary, a suction system arranged so that any discharge or outlet from, or of, an exhaust fan, duct or such device is in a safe place on the open deck or elsewhere, and such special precautions as may be necessary are taken for controlling or regulating the appropriate ventilating systems for preventing dangerous concentrations of gas in any place on the petroleum ship as to prevent risk of injury,

( d ) each cargo pump room is provided with a suitably fixed fire fighting system capable of being operated from a readily accessible position outside the pump room and the system used or intended to be used shall be a water spray or other fire fighting or fire extinguishing media or as may otherwise be directed by the harbour master concerned.

(4) Unless in a particular case he has received from a harbour master a written permission dispensing him from complying with the requirements of this paragraph insofar as they apply in that case to the harbour master's harbour, the master of a petroleum ship shall ensure that at any time while the ship is in harbour not more than two tanks on the ship which contain or are intended to contain petroleum Class I or petroleum Class II and which are adjacent to one of more other such tanks shall be loaded at any one time.

35. (1) The master of a petroleum ship berthed at an oil jetty shall ensure that—

( a ) no liquid petroleum while being conveyed or stowed on his ship or while being loaded on or unloaded from the ship is spilt, is permitted to escape or enter the surrounding water or unapproved drain,

( b ) any member of the crew of his ship who observes a leakage, spillage or escape of liquid petroleum from his ship or from any pipeline, connecting pipeline or container, used for or in connection with the operations, or who suspects such a leakage, spillage or escape, immediately informs him of his observation or suspicion,

( c ) the harbour master concerned is notified as soon as practicable of any leakage, escape, spillage or unauthorised discharge of liquid petroleum from his ship or from a pipeline, connecting pipeline or container used for or in connection with the operations, or of any suspected such leakage, escape, spillage or discharge,

( d ) unless otherwise directed by such harbour master, all scuppers are effectively plugged or closed during any loading or unloading operations, except that any scupper may be temporarily opened for the purpose of allowing an accumulation of water to escape from the deck of a tanker, provided that a member of the crew remains, at all times, in attendance while the scupper is open,

( e ) the said scuppers are regularly inspected at such intervals as may be necessary to ensure that they are securely closed.

(2) A master of a petroleum ship shall ensure that no bilge or ballast water containing petroleum and emanating from the ship is permitted to escape into the waters surrounding a petroleum ship berthed in a harbour.

(3) For the purpose of paragraphs (1) (a) and (2) of this Regulation and Regulation 62 of these Regulations: "petroleum" means petroleum considered by the harbour master to be of such a character and quantity as likely to pollute the waters of the relevant harbour; "unapproved" means not approved by the local authority or harbour authority concerned.

36. (1) Subject to paragraph (2) of this Regulation, the master of a petroleum ship shall ensure that smoking or the carrying by persons of matches, mechanical lighters or other means of procuring a light for smoking are not permitted in any place on board his ship during any of the following operations involving the ship, namely—

( a ) loading or unloading operations involving petroleum Class I or petroleum Class II,

( b ) ballasting after unloading any such petroleum,

( c ) transferring any such petroleum from a tank or tank compartment to another tank or tank compartment,

( d ) gas-freeing after unloading any such petroleum,

( e ) loading any such petroleum into a non-gas-free tank, or when the temperature of such petroleum exceeds its flash point.

(2) Subject to paragraph (3) of this Regulation, the requirements of paragraph (1) of this Regulation shall not apply to smoking if it is specifically authorised in writing by the master of the petroleum ship and it complies with the following conditions, namely, that it takes place at a safe place or places on board ship and at such time or times as may be so authorised.

(3) The master of a petroleum ship shall, in granting an authorisation under this Regulation, specify in the authorisation requirements which are adequate to prevent risk of ignition, fire or explosion and, in case a requirement under this Regulation has been made by a harbour master, regard the provision of the requirement to be complied with at any time the ship is in the harbour with which he is concerned.

(4) A harbour master may require the master of any petroleum ship in his harbour to submit to him written particulars of the arrangements (if any) authorising smoking on board his ship including particulars of any place on board his ship where smoking is authorised and in case a requirement is made under this paragraph, the requirement shall be complied with.

(5) A harbour master may, in relation to any petroleum ship either prohibit smoking on board the ship or require that smoking shall only take place on board the ship if any conditions specified in the requirement are complied with.

(6) The following requirements shall apply to a prohibition or requirement made by a harbour master under this Regulation, namely—

( a ) the prohibition or requirement shall be in writing,

( b ) the prohibition or requirement may be revoked or it may be amended by a further prohibition or requirement made under this Regulation by the harbour master concerned,

( c ) the prohibition or requirement may be in general terms or apply during such periods or in such circumstances as are specified therein,

( d ) the prohibition or requirement shall not come into effect until the harbour master by whom it is made either gives or causes to be given to the master of the petroleum ship concerned a copy of the prohibition or requirement.

(7) When a prohibition or requirement under this Regulation is in force, the master of the petroleum ship to which it relates shall ensure that the prohibition or requirement is complied with at all times when the ship is in the harbour concerned.

37. (1) No harbour craft or other ship or vessel shall come alongside or be moored alongside a petroleum ship or within the restricted area during loading or unloading operations unless authorised by the master of the petroleum ship, which authorisation shall be subject to the directions of the harbour master concerned.

(2) The master of a petroleum ship shall ensure that, in case a harbour craft or other ship or vessel authorised by him comes alongside or is moored alongside his ship or within the restricted area during loading or unloading operations, adequate precautions are taken to prevent smoking, the use of naked lights, or the doing of any act, or the use of any agency, likely to cause risk of injury or where smoking or the use of naked lights is or are allowed on such other craft, ship or vessel, loading or unloading operations shall not take place on his ship unless any danger of risk of injury from smoking or the use of naked lights is removed.

(3) In case tugs are alongside or are assisting a petroleum ship then, unless all the tanks are gas-free, the master of the ship shall ensure that all tank openings are effectively closed.

38. (1) Where a petroleum ship is berthed at an oil jetty or is used in connection with loading or unloading operations, the master of the petroleum ship shall take all practicable steps to—

( a ) prevent risk of ignition, fire or explosion, to combat fire and prevent the spread of fire in his ship.

( b ) ensure that the ship, if of 1,000 tons (gross tonnage) or upwards, is provided with an International Shore Connection in accordance with the International Convention for the Safety of Life at Sea, 1960 (SOLAS) to enable an external water supply from the shore to be coupled forthwith to any hydrant on the ship's fire main and unless otherwise directed by the harbour master, facilities shall be available enabling such a connection to be made on either side of the ship,

( c ) ensure that the fire-fighting equipment, appliances, devices, smothering agents or substances available on a ship are ready for immediate use without hindrance or obstruction and are—

(i) adequate to suppress or effectively combat the spread of fire in its initial stages,

(ii) kept in good and efficient order,

(iii) in the case of deck fire hoses, where necessary uncoiled and connected to the ship's fire main or the ship's fire pumps or both, and arrange so that adequate pressure on the fire main is maintained, where practicable, by a pump on board the ship, or by efficient means ashore, and

(iv) in the case of fire pumps fully operational and in addition to the foregoing, in case the ship is in a harbour, the master of the ship shall take all practicable steps to ensure that every requirement of the harbour master concerned and relating to any matter therein before specified is complied with.

(2) The master of a petroleum ship mentioned in paragraph (1) of this Regulation shall be fully familiar with—

( a ) the shore emergency alarm or signal system,

( b ) the means of communication for summoning assistance,

( c ) the arrangements in the event of fire, danger or alarm,

( d ) the shore fire-fighting installation pertaining to his ship, and

( e ) the emergency fire-fighting plan in relation to his ship,

and he shall also ensure that his ship shall, unless otherwise directed by the harbour master concerned, at all times lie afloat.

(3) Without prejudice to any requirement of these Regulations, the person concerned under Regulation 4 (2) and 4 (3) of these Regulations shall ensure that any petroleum ship which is not gas-free and is berthed in a harbour or at an oil jetty or during loading or unloading operations complies with such provisions as may be approved of relating to all five safety measures necessary to prevent risk of injury.

39. (1) The master of a petroleum ship conveying petroleum Class I or petroleum Class II (or petroleum Class III which has been loaded into a non-gas-free tank) shall ensure that no naked lights, means, agency or device capable of causing or likely to cause explosion or fire is used or is permitted to be present either in a hazardous area or in a confined space on board his ship.

(2) Without prejudice to the generality of paragraph (1) of this Regulation, where a non-gas-free tank in a petroleum ship for the conveyance of petroleum Class I of petroleum Class II (or petroleum Class III which has been loaded into a non-gas-free tank) is first opened or re-opened after being closed, or remains opened, or though closed is not securely closed down, the master of the ship shall ensure that—

( a ) there are no naked lights or other agency on board his ship capable of causing or likely to cause a risk of ignition, fire or explosion of petroleum vapours in such tank,

( b ) no iron or steel hammers or other devices capable of causing, or likely to cause, a spark or other means of igniting petroleum vapours are used either to open or close tank lids, or to connect or disconnect ship-to-shore pipe connections in case a dangerous concentration of vapours is likely to be present.

(3) Where a petroleum ship is in a harbour the master shall ensure that rivetting, caulking or chipping of iron or steel, cleaning of boilers or tanks, boiler tube repairs or any other work likely to cause a spark, ignition, fire or explosion is carried out on his ship only with the approval and consent in writing of the harbour master concerned.

(4) The master of a petroleum ship shall take all practicable steps to prevent the use on board his ship of any means of combustion likely to cause risk of igniting petroleum carried as cargo during any loading or unloading operations.

(5) Without prejudice to the generality of paragraph (4) of this Regulation, the master of a petroleum ship which is in a harbour shall ensure, unless he is otherwise directed by the harbour master concerned, that where applicable, funnel uptakes or boiler tubes are not blown—

( a ) during the operation of loading or unloading bulk petroleum Class I or bulk petroleum Class II, or

( b ) during ballasting following the unloading of petroleum Class I or petroleum Class II, or

( c ) during gas-freeing, or

( d ) under any other circumstances or conditions as the said harbour master may in writing direct.

40. (1) The master of a petroleum ship in a harbour or at an oil jetty shall take all practical steps to ensure that—

( a ) there is provided and at all times readily available to a competent person adequate and suitable means (which means shall at all times be constantly maintained in efficient working order and free from patent defect) for making safe and suitable tests or evaluations of the atmosphere of any place on board the ship where petroleum vapour is likely to be present in a concentration sufficient to cause risk of injury by ignition, fire or explosion,

( b ) in relation to the loading or unloading operations, no electrical apparatus, machinery, plant, equipment, tool, device or other thing is used, or permitted to be used, at any place on board his ship where a dangerous concentration of vapours is likely to be present unless such electrical apparatus, machinery, plant, equipment, tool, device or other thing is or are so properly constructed, or protected and such special precautions (if any) as are necessary are taken to prevent risk of injury to person or property by ignition, explosion or fire or otherwise because of such exposure or use,

( c ) during loading or unloading operations involving petroleum Class I or petroleum Class II (or petroleum Class III loaded into a non-gas-free tank) or where any other petroleum ship carrying such cargo and likely to cause risk of injury is alongside the oil jetty, a naked light certificate is not issued for any place in a hazardous area aboard his ship.

(2) No person concerned under Regulation 4 of these Regulations shall issue or cause to be issued a naked light certificate for any hazardous area which lies within the vicinity of a petroleum ship while that ship is in a harbour or at an oil jetty and is engaged in loading or unloading operations.

41. A master of a petroleum ship shall ensure that any dip-stick or other measuring or sampling device used for determining the contents of a tank of the ship containing petroleum Class I or petroleum Class II is designed in accordance with good engineering practice and is suitable and adequate for the purpose of its use without risk of injury.

42. (1) The master of a petroleum ship shall ensure that during the operations involving—

( a ) the loading or unloading of petroleum Class I or petroleum Class II, or

( b ) the loading of petroleum Class III into a non-gas-free tank, or

( c ) gas-freeing of a tank after unloading,

all doors, portholes and openings through which gas is liable to enter shall, where practicable, be kept closed, but this requirement shall not apply to doors which require to be opened momentarily for access or egress if, but only if, all practicable steps are taken, or caused to be taken, by the master of the ship to prevent gas being emitted during any momentary openings of such doors.

(2) All doors required to be kept closed under paragraph (1) of this Regulation shall be suitably and clearly so marked as being so required and shall not be locked in a closed position.

(3) The master of a petroleum ship shall ensure that—

( a ) all ventilators through which gas is likely to enter during the loading or unloading operations shall be suitably trimmed,

( b ) window openings through which gas is likely to enter the ship's accommodation are closed and that no means of mechanical ventilation shall be in operation if gas could be drawn into the ship's accommodation by such ventilation during the operation.

43. (1) The master of a petroleum ship shall take all practical steps to ensure that—

( a ) no petroleum Class I or petroleum Class II is loaded through hatches or deck openings by means of an open-ended hose or pipe,

( b ) no hatch of any of the ship's tanks remains open during loading of petroleum Class I or petroleum Class II or in the ballasting of such a tank,

( c ) an adequate and safe venting system is provided to prevent the occurrence of excessive pressure or vacuum or an accumulation of a dangerous concentration of vapours in any of the ship's tanks during a loading or an unloading operation involving petroleum Class I or petroleum Class II, provided that in case the ship is in a harbour, an ullage opening shall only be used pursuant to and in accordance with a direction in writing given by the harbour master concerned.

(2) Where a petroleum ship is in a harbour the harbour master concerned, may, by a direction in writing in relation to the ship, either dispense the ship from the requirements of paragraph (1) of this Regulation or in relation to the ship vary such requirements or substitute other requirements, and in case a direction under this paragraph is in force for the time being, then for so long as it is complied with in relation to the ship to which it relates, paragraph (1) of this Regulation shall not apply in relation to the ship at any time while it is in the harbour.

44. The master of a petroleum ship or other ship or vessel which is in a harbour shall ensure that—

( a ) any hold of the ship or vessel in case it has on board packed petroleum Class I or packed petroleum Class II is thoroughly and adequately ventilated in such manner as to prevent risk of injury,

( b ) on completion of the removal or discharge of petroleum Class I or petroleum Class II from any of the ship's tanks the tank or any other non-gas-free tank is rendered gas-free provided that, in case—

(i) a petroleum ship leaves a harbour without delay after the removal or discharge of petroleum from any of its tanks, or

(ii) a petroleum ship remains in a harbour or at an oil jetty for the sole purpose of taking on board bunkers, stores or ballast or for such other purpose as, in relation to the ship, for the time being is approved in writing as being safe by the harbour master concerned.

and if, but only if, such tank openings are effectively closed down and are not re-opened while the petroleum ship is within the harbour, except with the permission in writing of the harbour master concerned, and

(iii) all practicable steps are taken to prevent risk of injury,

then for so long as it is in the harbour the foregoing requirements of this paragraph shall not apply to it.

45. The master of a tanker berthed at an oil jetty and carrying petroleum Class I or petroleum Class II as cargo shall ensure that—

( a ) in case there is at any time on the tanker a dangerous concentration of vapours or a risk of injury because of the absence of a satisfactory ventilating system on the tanker or insufficiency of air movement in or around the tanker, then for so long as such concentration or risk continues the ship shall not be used in loading or unloading operations,

( b ) while his ship is at the oil jetty a system is in operation and is maintained whenever necessary to prevent the malfunctioning of any pressure vacuum valve or air-vent outlet because of freezing,

( c ) in case his ship is in an electrical storm, then for so long as the storm continues the following provisions shall apply, namely—

(i) for so long as the storm is in the immediate vicinity of the tanker the master shall ensure that all tank openings are closed,

(ii) in case the master of the ship is required by the harbour master concerned to close all or any tank openings, the master shall forthwith comply with the requirement, and

(iii) the master and the person concerned under Regulation 4 (5) of these Regulations (if any) shall not permit any loading or unloading operations with which they are, or either is, concerned to be carried on.

46. (1) A master of a petroleum ship in a harbour or other person concerned under Regulation 4 of these Regulations shall not permit, cause or require a person employed in the ship or at an oil jetty to enter or remain in a confined space on the ship unless a report in writing by a competent person has been previously made in relation to the space and specifying the safety precautions, procedures or practices to be observed in order to ensure the safety of, and prevent risk of injury to, a person entering the space, stating that the confined space is safe for entry, subject to the issue of a certificate of entry.

(2) A report under this Regulation may specify that a confined space is safe for entry only with a respirator, is safe for entry only for a specified maximum number of persons at any particular time or is safe for entry only with a respirator and for a specified maximum number of persons at such time, and in case any such restriction is attached to entry by such a report, the master of the ship or the person concerned shall ensure that the confined space to which the report relates is only entered following the issue of a certificate of entry and in accordance with the restriction.

(3) Every report or certificate of entry by the competent person under this Regulation shall be signed and dated by him and kept available for inspection by the master of the ship or the person concerned whilst the ship is berthed at the oil jetty.

(4) A master of a petroleum ship or other person concerned under Regulation 4 of these Regulations shall take all practicable steps to ensure that a person prior to entry to a confined space has been—

( a ) adequately warned and knows the hazards of such entry, and

( b ) adequately advised of the safety precautions, procedures or practices to be observed regarding the entry, and

( c ) adequately instructed and trained in the safe conduct of the operation or work for which the entry is made, and

( d ) adequately informed of the time at which a period of time specified as regards the confined space in a report under this Regulation will expire, and

( e ) provided with suitable protective clothing, including neck and head covering and suitable hand protection and footwear.

(5) A master of a petroleum ship or other person concerned under Regulation 4 of these Regulations shall not permit, cause or require a person to enter or remain in a confined space unless—

( a ) the confined space is free, so far as is practicable, from a dangerous substance.

( b ) the confined space is provided, where necessary, with a suitable door or manhole or other opening or means affording safe ingress to and egress from all accessible parts of the confined space,

( c ) all practicable steps have been taken where necessary, adequately to isolate by safe and suitable means the confined space so as to prevent the entry to such space of liquid, gas or vapour,

( d ) the confined space is ventilated or the means of supply of air to the wearer of breathing apparatus is arranged so as to provide and maintain an adequate supply of air free from any impurities harmful to respiration,

( e ) the confined space is adequately lighted by a safe means,

(f) there is posted up in a suitable location outside the confined space in such characters as to be easily seen and read a copy of the certificate of entry and an extract of the report under paragraph (1) of this Regulation setting out the period of time (if any) specified as regards the safe duration of time a person may remain in the confined space.

(6) In case a confined space is entered without breathing apparatus the following provisions shall apply in lieu of paragraph (5) (a) of this Regulation, namely, the master of a petroleum ship or person concerned under Regulation 4 of these Regulations shall not permit, cause or require a person to enter or remain in the confined space unless—

( a ) the space is free and is kept free from any dangerous substance,

( b ) all practicable steps have been taken to ensure that no cleaning, painting, coating or other operation performed by a person after he has entered the space will constitute a risk to his safety or health, and

( c ) the requirements of paragraphs (1), (2) and (3) of this Regulation have been complied with.

(7) A master of a petroleum ship in a harbour or a person concerned shall not permit, cause or require a person to enter a confined space as regards which a certificate of entry or a report in writing under paragraph (2) of this Regulation has specified that the space is safe for entry only with a respirator, unless the person—

( a ) is wearing suitable respiratory breathing apparatus which is adequate for the protection of his health or safety,

( b ) is, if safety requires, wearing a safety harness or other suitable safety device securely attached to a life line which, for so long as the person is in the space, is held by an other person and who—

(i) is outside the space,

(ii) is sufficiently trained in emergency and rescue operations, and

(iii) is provided with suitable breathing apparatus or other equipment as may be required to enter if necessary the space and safely conduct a rescue operation,

(iv) has, so far as is practicable, the person inside the space under observation at all times.

47. The owner or master of a petroleum ship shall, when so required by an inspector or a harbour master, afford to him or any officer of the harbour authority any facility reasonably required to enable such inspector, harbour master or officer to ascertain whether or not these Regulations are being observed.

PART IV DUTY OF OWNER OF PIPELINE, PIPELINE EQUIPMENT, CONNECTING PIPELINE AND ELECTRICAL APPARATUS

48. (1) A person concerned under Regulation 4 (4) of these Regulations shall take all practicable steps to ensure that a pipeline is—

( a ) of suitable design, of good quality steel, (except for any inherently safe non-ferrous or non-metallic devices, components, parts, gaskets or similar jointing) properly and suitably constructed and of adequate strength for the purpose for which it is used or is intended to be used,

( b ) capable of safely accommodating any loading, vibration, expansion, contraction or flexure to which it is likely to be subjected in normal use,

( c ) capable of safely withstanding the maximum working pressure (whether internal or external) to which it may be subjected in normal use,

( d ) so installed, located, supported, protected, examined, tested and maintained as to prevent any leakage or escape of petroleum therefrom.

(2) In particular and without prejudice to the generality of paragraph (1) of this Regulation a pipeline shall—

( a ) be provided with adequate and suitable means (unless such means is provided by a petroleum ship's pumping system) to ensure that during its use for conveying petroleum the internal pressure at any point, part or section of the pipeline shall not exceed the internal pressure for which it was designed by more than 10 per cent,

( b ) be installed, constructed and located so that excessive stress shall not be incurred in any part thereof because of the expansion of the pipeline or settlement of any structure to which the pipeline is connected,

( c ) be secured in an adequate manner with proper provision for expansion, movement and anchorage,

( d ) not contain any flanges other than those required in accordance with sound engineering practice and design,

( e ) except for necessary hose assemblies, flanged fittings, attachments, control devices or similar connections or non-metallic jointing, only have joints of suitable and adequate welded construction,

(f) where it is above ground level and is laid on supports or anchored, the supports or anchorage shall, unless it complies with a particular directive given by a fire brigade authority, remain fire-resistent for not less than 2 hours,

( g ) be adequately protected against corrosion and damage,

( h ) where it is installed above ground and runs adjacent to any road or other place used by vehicles be, where necessary, adequately protected by suitable means against the likelihood of any foreseeable damage,

( i ) where laid below ground level be—

(i) in case the pipeline is subject to loading by vehicular traffic or otherwise, adequately protected by suitable means against damage from such loading,

(ii) in case the pipeline is laid beneath a railway truck, suitably and adequately protected against any excessive loading, vibration or damage from rail traffic.

( j ) not contain any material which is liable to suffer deterioration resulting from any reaction (whether chemical or otherwise) with the petroleum being conveyed in the pipeline,

( k ) not contain any dissimilar metals likely to affect the integrity of the pipeline whether under fire-exposure conditions or otherwise.

(3) Where pipelines are run or installed in open trenches adjacent to a road or other place used by the public for vehicles or adjacent to occupied buildings or structures the person concerned under Regulation 4 (4) of these Regulations shall provide across pipeline trenches suitable fire stops at such intervals as are specified in writing by the appropriate fire brigade authority, and the fire stops shall have a fire resistance of not less than 2 hours unless otherwise specified in writing by the fire brigade authority.

(4) Where it is necessary to prevent danger, adequate precautions shall be taken by a person concerned under Regulation 4 (4) of these Regulations to ensure that a pipeline is both adequately bonded electrically across all flanges and connections and suitably earthed.

(5) The person concerned under Regulation 4 (4) of these Regulations shall ensure that all tie-in welds or other main jointing welds to a pipeline are carried out by a competent welder and when completed are subjected to suitable non-destructive testing in accordance with sound engineering practice to establish the soundness or quality of the welds.

(6) Testing pursuant to paragraph 5 of this Regulation shall be carried out by a competent person who shall submit a written report in accordance with sound engineering practice and he shall prepare a report of the test which he shall sign and date and the report shall be retained by the person concerned under Regulation 4 (4) of these Regulations and kept available for inspection until the expiration of the period of five years beginning on the date of the report or until the pipeline or section of pipeline concerned has been permanently taken out of service whichever occurs the sooner.

(7) A person concerned under Regulation 4 (4) of these Regulations shall take all practicable steps to ensure that all pipeline equipment is suitable and adequate for its use, or intended use, and is designed, constructed, located, installed, arranged, tested where necessary and maintained in accordance with sound engineering practice.

(8) In this Regulation—"fire stops" means barriers across pipeline trenches to prevent or retard the spread of flame or fire.

49. (1) Without prejudice to the generality of Regulation 48 (1) of these Regulations, a person concerned under Regulation 4 (4) of these Regulations shall ensure that a pipeline—

( a ) is not buried, covered or encased or used unless it has been previously subjected by a competent person over its entire length to a suitable hydrostatic pressure-test or, where the use of a liquid testing medium is not practicable, a pneumatic test, of not less than 1½ times its maximum working pressure (which pressure shall be maintained during test for such period of time as is necessary to enable a thorough examination to be made of the pipeline for leakage or seepage or other defect),

( b ) is of sufficient strength to withstand the appropriate pressure-test required to be carried out under subparagraph (a) of this paragraph without distortion, leakage or seepage,

( c ) is re-tested in accordance with subparagraph (a) of this paragraph—

(i) in case any length or section receives major repairs, in that length or section as soon as may be after the repairs are carried out,

(ii) at any time there is reasonable cause to suspect the soundness of the pipeline and if the test is necessary to determine possible defects.

(2) Where the Minister or harbour authority concerned reasonably suspects that a pipeline may be unsound they may, by notice in writing require the person concerned under Regulation 4 (4) of these Regulations to have the pipeline tested in the manner specified in the notice and any person to whom a notice is given shall forthwith comply with the requirements of the notice.

(3) A person concerned under Regulation 4 (4) of these Regulations shall ensure that the person carrying out the pressure-test under paragraph (1) of this Regulation, shall submit a report of the test and relevant examination, signed and dated by him, and the test examination and report shall be in accordance with sound engineering practice and every such report shall be retained by the person concerned under Regulation 4 (4) of these Regulations and kept available by him for inspection until such time as the pipeline, or section of pipeline to which it relates has been permanently taken out of service.

50. (1) A person concerned under Regulation 4 (4) of these Regulations shall ensure that there is provided at an oil jetty adequate and suitable means for cutting-off the flow of petroleum in a pipeline in the event of—

( a ) a failure, breakdown or an escape of petroleum due to a defective pipeline, connecting pipeline, connection, fitting or attachment associated with such pipeline,

( b ) an ignition or fire, or

( c ) any other emergency.

(2) The means referred to in paragraph (1) of this Regulation shall include where appropriate efficient remote control arrangements provided for exercising effective supervision in co-operation with the authorised members of the ship's crew, and for instantly activating emergency shut-off valves or other shut-off devices.

(3) When the Minister or a harbour authority reasonably believes that it is necessary for the purpose of preventing risk of injury to provide in relation to a pipeline particular valves or other devices, the Minister or harbour authority may by a notice in writing require any person who is operating or is in control of the pipeline to provide such additional valves or devices as they shall specify in the notice in relation to the pipeline or in case the person operates or is in control only of part of the pipeline, that part.

(4) The provisions of this Regulation are in addition to those of Regulation 48 of these Regulations.

51. (1) Any person concerned under Regulation 4 (4) of these Regulations, or any master of a petroleum ship, shall, in relation to any loading or unloading operations, take all practicable steps to ensure that every connecting pipeline used or intended to be used, for connecting a tank on board ship and a pipeline ashore with which he is concerned is—

( a ) of suitable design, good construction, adequate strength and free from patent defect,

( b ) so installed, located, supported, protected, examined, tested and maintained so as to prevent during it use any leakage or escape of petroleum therefrom,

( c ) capable of—

(i) safely withstanding the maximum working pressure, and

(ii) safely accommodating any loading, vibration, expansion, contraction or flexure,

to which it is likely to be subjected in normal use.

(2) ( a ) Without prejudice to the generality of paragraph (1) of this Regulation, the master of a petroleum ship or a person concerned under Regulation 4 (4) of these Regulations shall ensure that, within a period of three years from the commencement of these Regulations or unless otherwise permitted by a harbour master concerned, on every hose assembly used or intended to be used in loading or unloading operations with which he is concerned there are permanently and legibly marked at both ends in character not less than 10 millimetres in height in diametrically opposed positions the particulars mentioned in subparagraph (c) of this paragraph.

( b ) The said particulars shall be marked either by means of a securely affixed label in a contrasting colour or be stamped clearly and suitably impressed in the rim of both flanges of the hose assembly concerned.

( c ) The particulars referred to in subparagraph (a) of this paragraph are—

(i) the manufacturer's name or trade mark,

(ii) the hose assembly's serial number,

(iii) the number of the standard or specification to which the hose assembly was manufactured, including where necessary, the type designation of the hose assembly and its nominal internal diameter, and

(iv) the test pressure applied to it by the manufacturer (the factory test pressure).

(3) In addition to complying with the requirements of paragraph (2) of this Regulation, the master of a petroleum ship or a person concerned under Regulation 4 (4) of these Regulations shall ensure that within a period of three years from the commencement of these Regulations or unless otherwise permitted by the harbour master concerned—

( a ) each hose assembly has at both ends of the assembly in diametrically opposed positions the month and year of manufacture clearly and indelibly marked thereon,

( b ) each length of electrically discontinuous hose marked twice with the words "electrically discontinuous" in characters not less than 20 millimetres in height, permanently vulcanised on to the body of the hose and in diametrically opposed positions,

( c ) the actual temporary elongation recorded by the manufacturer at the time of the factory test is at both ends of the hose legibly painted twice in diametrically opposed positions.

(4) A person concerned under Regulation 4 (4) of these Regulations shall ensure that any connecting pipeline, which is normally located on shore and which is used or is intended to be used in loading or unloading operations with which he is concerned, satisfies the following requirements, namely that before being connected to an inlet or outlet pipe connection of a ship's tank or to a fixed pipeline ashore for conveying petroleum Class I or petroleum Class II, it is—

( a ) free, so far as is practicable, from dirt, grit oil or other contaminants and

( b ) free, on the face of any of its connecting flanges, from corrosion, pitting or other defect likely or affect a gas-tight connection.

(5) The master of the petroleum ship or a person concerned, as the case may be, under Regulation 4 (4) of these Regulations shall ensure that every hose assembly which is used or is intended to be used in loading or unloading operations with which he is concerned, to connect a tank of a petroleum ship to a shore pipeline—

( a ) shall be of class, grade or type suitable for the service and operating conditions to which it is likely to be subjected when normally used in such operations,

( b ) shall not be incompatible with the petroleum it is used to convey,

( c ) shall be both oil and corrosive resistant,

( d ) shall, where necessary, comply with the requirements of Regulation 58 (d) of these Regulations,

( e ) shall be subjected from time to time to a hydraulic pressure test of not less than 50 per cent in excess of its designed working pressure on the expiration of six months from first being used or its last such test, as may be appropriate, or 1,000 hours of use whichever first occurs.

(6) Without prejudice to the generality of paragraph (1) of this Regulation, a person concerned under Regulation 4 (4) of these Regulations shall ensure that every connecting pipeline other than a hose assembly before being put into service and thereafter is free from patent defect and is thoroughly examined by a competent person immediately before being connected and, unless the harbour master concerned otherwise directs, is in addition subjected at intervals not exceeding twelve months to a hydraulic pressure test of not less than 50 per cent in excess of its designed working pressure.

(7) Every pressure test pursuant to paragraph (5) (e) or paragraph (6) of this Regulation shall be carried out by a competent person and a report of the pressure test and subsequent examination by such person which shall be in accordance with sound engineering practice shall be signed and dated by him, and every such report shall be retained by the master of the petroleum ship while his ship is in harbour or by the person concerned under Regulation 4 (4) of these Regulations, as may be appropriate, and shall be kept available by the master of the ship or the person concerned for inspection until such time as the connecting pipeline has been permanently taken out of service.

(8) Every master of a petroleum ship or person concerned under Regulation 4(4) of these Regulations shall ensure that every fault or defect likely to infringe a requirement of these Regulations which is discovered in pursuance of an inspection, test or examination caused by him to be carried out for the purpose of complying with these Regulations shall be remedied forthwith and in case there exists, because of such fault or defect, a risk of injury, the master or person concerned under Regulation 4(4) of these Regulations shall ensure that the thing which is faulty or defective is not used in loading or unloading operations until the fault or defect has been remedied.

(9) A person concerned under Regulation 4 (4) of these Regulations shall ensure that any connecting pipeline which he is aware is defective is only kept at an oil jetty for the purpose of undergoing such repairs as the harbour master concerned considers necessary to avoid risking injury.

(10) A person concerned under Regulation 4 (4) of these Regulations shall ensure that every flexible steel pipe or hose assembly which is used in loading or unloading operations with which he is concerned shall when not in use—

( a ) be laid-out horizontally on suitable solid supports above ground level and be so arranged to keep, as far as practicable, the pipe or hose in straight alignment, or

( b ) in case it is removed from service on a temporary basis, be where appropriate, suitably drained and where necessary suitably cleaned before being stored and then be suitably stored.

(11) In this Regulation "hose assembly" means rubber-hose assembly for oil suction and discharge services conforming to British Standard 1435:1975 or to some other standard or specification generally accepted as being equivalent thereto and of a grade and type suitable and adequate for the service and operating conditions for and in which it is or is intended to be used.

52. A person concerned under Regulation 4 (4) of these Regulations shall ensure that—

( a ) every pipeline and control valve thereof is suitably marked in a distinctive manner so as to clearly indicate the class or classes of petroleum being conveyed or intended to be conveyed in the pipeline,

( b ) every manually operated control valve of a pipeline is, so far as is reasonably practicable, plainly and suitably marked at appropriate control points or locations to indicate whether it is open or closed,

( c ) every pipeline connected to an oil jetty undergoes such internal cleaning or pigging as is necessary to ensure the safe conveyance in the pipeline of the class or classes of petroleum for which it is used or is intended to be used, and

( d ) there is provided, unless otherwise directed by the harbour master concerned, or by the Minister, if the oil jetty is located outside the functional area of a harbour authority, at every launching or receiving trap used in connection with any internal cleaning or pigging of the pipeline a suitable and adequate oil interceptor and such interceptor is maintained in an efficient state.

53. (1) This Regulation applies to any electrical apparatus which is either located at an oil jetty or is used in connection with a pipeline by a person concerned for the purposes of loading or unloading operations.

(2) All practicable steps shall be taken by the person concerned under Regulation 4 of these Regulations to ensure that electrical apparatus to which this Regulation applies shall be—

( a ) designed, constructed, installed, protected, tested, worked and maintained so as adequately to prevent risk of injury,

( b ) adequate and suitable for the purpose for which it is used or is intended to be used.

(3) Electrical apparatus likely to ignite vapours of petroleum Class I or petroleum Class II shall not be located, installed or present at an oil jetty or adjacent to a pipeline where a dangerous concentration of vapours may reasonably be expected to be present.

(4) Electrical apparatus which may, at any time, be exposed to the weather or wet, corrosion, flammable surroundings or an explosive atmosphere and either is electrical apparatus to which this Regulation applies or is at any time used in or about, or in connection with, a pipeline or loading or unloading operations at an oil jetty shall be constructed and protected and such special precautions shall be taken in relation to it, so as adequately to prevent danger from ignition, fire or explosion or any other cause.

(5) A person concerned under Regulation 4 of these Regulations shall ensure there is displayed on electrical apparatus to which this Regulation applies, other than a cable, a plate bearing the maker's name together with all ratings (such as horse-power, voltage and current carrying capacity) necessary to show that it is suitable for the purpose for which it is used or it is intended to be used.

(6) A person concerned under Regulations 4 (2) and 4 (4) of these Regulations shall make, and secure, at intervals not exceeding fifteen months, the effective carrying out of arrangements for the inspection and testing, in a manner which is appropriate having regard to sound engineering practice, by a competent person appointed by him of all electrical apparatus located at an oil jetty or pipeline and such test shall in particular include—

( a ) the verification of polarity,

( b ) the effectiveness of the earth loop impedance,

( c ) the effectiveness of every earth-leakage circuit breaker,

( d ) the insulation resistance of every circuit, and

( e ) the suitability, effectiveness and condition of all cables, switches, fuses, plugs and socket outlets.

(7) Before electrical apparatus to which this Regulation applies is again put in use at an oil jetty or in connection with a pipeline after repair it shall be thoroughly examined, inspected and, where necessary, tested, in a manner which is appropriate having regard to sound engineering practice, by a competent person.

(8) The person carrying out an inspection or test pursuant to paragraph (6) or (7) of this Regulation shall make a written report signed and dated of the inspection or test and the report shall be kept available for inspection by the person concerned under Regulations 4 (2) and 4 (4) of these Regulations until the expiration of a period of five years beginning on the date of the report or until the electrical apparatus concerned has been permanently taken out of service. whichever occurs the sooner.

(9) Where electrical apparatus to which this Regulation applies is found, on examination pursuant to this Regulation, to be defective in any respect, the person making the examination shall communicate the result of the examination to the person concerned under Regulations 4 (2) and 4 (4) of these Regulations who shall ensure that the apparatus is either put in good order or permanently disconnected and thereafter removed from the relevant oil jetty or pipeline.

PART V DUTY OF ANY PERSON CONCERNED WHO CARRIES-ON LOADING OR UNLOADING OPERATIONS

54. (1) Where a person concerned under Regulation 4 (5) of these Regulations is granted a written consent in pursuance of Regulation 7 of these Regulations, he shall, before commencing any loading or unloading operations to which the consent relates, send to the harbour master of the harbour concerned a written statement specifying the operating procedures used or proposed to be used in relation to—

( a ) the conveying, loading or unloading of petroleum at an oil jetty,

( b ) securing compliance with such of the provisions of these Regulations as are applicable to such operations and in case pursuant to this Regulation the person concerned sends a written statement to the harbour master, he shall at the same time send a copy of the statement to the Minister.

(2) Where an oil jetty is not within the functional area of a harbour authority, before commencing any loading or unloading operations at that oil jetty, a person concerned under Regulation 4 (5) of these Regulations shall send to the Minister a written statement specifying the operating procedures used or proposed to be used in relation to—

( a ) the conveying, loading or unloading of petroleum at the oil jetty,

( b ) securing compliance with such of the provisions of the Act and of these Regulations as are applicable to such operations.

(3) A statement sent pursuant to this Regulation shall—

( a ) be revised or otherwise brought up-to-date at the written request of the Minister or the harbour master concerned.

( b ) not be amended unless the amendment is—

(i) in the case of loading or unloading operations carried on or proposed to be carried on at an oil jetty in the harbour of a harbour authority, approved of by the harbour master concerned,

(ii) in the case of loading or unloading operations carried on or proposed to be carried on outside the functional area of a harbour authority, approved of by the Minister.

(4) Without prejudice to the generality of paragraphs (1) and (2) of this Regulation, the renewal of a written statement shall not be required to be sent to the Minister or a harbour master of a harbour authority unless there is a significant change proposed in the operating procedures as regards the matters specified under paragraphs 1 (a) and (1) (b) of this Regulation.

(5) This Regulation shall not apply until a period of twelve months has expired after the commencement of these Regulations.

55. An oil jetty shall not be used for berthing a tanker or for loading or unloading operations unless the person concerned under Regulation 4 (2) of these Regulations has ensured—

( a ) that the oil jetty has been inspected by the person appointed pursuant to Regulation 11 (1) of these Regulations who shall make a written report (which shall be kept available for at least 12 months) on the state of readiness or otherwise of the oil jetty, and

( b ) as far as it is within his control and, where necessary, by arrangements with the person concerned under Regulation 4 (5) of these Regulations, that the approaches to the restricted area of the oil jetty are kept free during loading or unloading operations from vehicular traffic likely to impede immediate access for fire-fighting personnel or fire-fighting vehicles or other equipment or devices required for fighting fire.

56. (1) All practicable steps shall be taken by a person concerned under Regulation 4 of these Regulations to ensure, while a petroleum ship is berthed at an oil jetty or loading or unloading operations are being carried-on that—

( a ) at all times an authorised person is present at the jetty to prevent unauthorised access by any person to the restricted area,

( b ) there is no unauthorised operation or interference with any pipeline, connecting pipeline or valve or other control device or system connected to a pipeline which is used to convey or to control the inflow or outflow to or from a petroleum ship or a storage tank connected by pipeline to the ship,

( c ) at any time when a valve or other control device or system is—

(i) not required for use in connection with the operations,

(ii) fitted or connected to a pipeline which is not gas-free or can be operated to secure an inflow or outflow of petroleum,

it is securely locked, enclosed, deactivated or other necessary precautions are taken to prevent the unauthorised or unlawful operation or use of the valve, control device or system.

(2) For the purposes of this Regulation: "unauthorised access" means access which is not authorised by the person concerned.

57. Subject to Regulation 36 of these Regulations, the master of a petroleum ship which is in a harbour and which is carrying as cargo petroleum Class I or petroleum Class II and the person concerned under Regulation 4 (5) of these Regulations shall take, or cause to be taken, all practical steps to ensure—

( a ) that no person, without the prior knowledge and approval of a person authorised for the purposes of this Regulation by such master or person concerned brings or takes to any place within the vicinity of an oil jetty at which a petroleum ship is berthed, any lucifer matches, mechanical lighter, open flame or spark-producing device or other means of procuring a flame, or any naked light or any agency or substance likely to cause fire, ignition or explosion of petroleum vapours, and

( b ) that no person shall, at any place within the vicinity of a petroleum ship lying at an oil jetty, smoke or have in his possession a lighter, match, lighted pipe, lighted cigar or lighted cigarette,

unless the place is both safe and is designated and marked by the harbour master on the plan of the oil jetty in pursuance of Regulation 14 (4) (a) (iv) of these Regulations as a smoking area and at which place there shall be displayed a clear and bold notice which can be easily seen and read stating

"Smoking Permitted".

58. Any person or master of a petroleum ship who is concerned with loading or unloading operations shall ensure that any connecting pipeline, which is used or is intended to be used, for conveying petroleum in the course of the operations—

( a ) is suitably and adequately rigged and connected with the use where appropriate or necessary, of suitable mechanical aids or devices to enable the most efficient techniques to be applied or used in the handling of the connecting pipeline or any part thereof and, in case the harbour master concerned indicates that he requires to be satisfied as regards such rigging and connection, is in addition rigged and connected to the satisfaction of such harbour master,

( b ) in case petroleum Class I or petroleum Class II is conveyed, is gas-tight,

( c ) in case petroleum Class III is conveyed, is liquid-tight,

( d ) in case petroleum Class I or petroleum Class II is conveyed, complies with the following requirements:

(i) a connecting pipeline which is conductive of electricity shall include a suitably insulated flange or length of non-conductive hose inserted, located, arranged and protected in the best possible manner, to secure electrical discontinuity between the ship and shore;

(ii) all metal parts on the shore or landward side of the insulated flange or length of non-conductive hose, as the case may be, are efficiently earthed and kept so earthed to an adequate oil jetty earthing system;

(iii) all metal parts of the connecting pipeline on the seaward side of the insulated flange shall be efficiently earthed to the ship, and

(iv) all metallic connections between the oil jetty and the ship shall be so arranged or protected to prevent incendive sparking where a dangerous concentration of vapours may reasonably be expected to be present,

( e ) in case a pumping operation is in progress is, for the purpose of avoiding risk of injury, constantly kept under the adequate supervision of an authorised person or persons, as the case may require for so long as the connecting pipeline is not disconnected,

( f ) is at the point or points of disconnection provided, where necessary, with a suitable drip tray, receptacle or device which shall be so located or arranged as to impound any escape of liquid petroleum.

59. (1) Where, in a harbour, petroleum is being conveyed to or from a petroleum ship, then, unless the harbour master concerned otherwise directs, each of the following requirements shall be complied with, namely—

( a ) the master of the petroleum ship shall ensure that a competent member of the crew authorised by him in that behalf remains in a safe and advantageous position to enable him instantly to operate the valves or devices controlling the inflow or outflow of petroleum to or from the ship's tanks,

( b ) the person concerned under Regulation 4 (5) of these Regulations shall ensure that an authorised person remains in a safe and advantageous position to enable him instantly to operate any control valves at,

(i) the shore end of any connecting pipeline, connecting the ship-to-shore pipeline, or

(ii) the receiving or discharging end of the pipeline controlling the inflow or outflow of petroleum to or from the storage tank,

( c ) the master of the ship and the person concerned under Regulation 4 (5) of these Regulations shall ensure that immediately after the commencement of the pumping operation and at each change of watch or shift the deck officer on duty in pursuance of Regulation 32 (b) of these Regulations and the person appointed under Regulation 11 (1) of these Regulations communicate with each other to confirm that the appropriate signals are closely understood and agreed to.

(2) For the purposes of paragraph (1) (c) of this Regulation "appropriate signals" means signals indicating the following, namely, "stand by", "start loading", "stop loading", "start unloading", "stop unloading", "slow down" and "emergency stop".

60. A master of a petroleum ship or a person concerned under Regulation 4 (5) of these Regulations shall, in connection with loading or unloading operations involving petroleum Class I or petroleum Class II, take all practical steps to ensure that—

( a ) so far as it is within his control, following the commencement of loading or unloading, the operation is executed with all due diligence and dispatch and where the operation is discontinued before the operation is completed every tank is immediately and effectively closed and all due precautions are taken and the ship treated as if it were fully loaded and the bulk unbroken,

( b ) no packed petroleum or other cargo likely to cause an ignition or explosion or a spark is loaded or unloaded until all openings to tanks (other than gas vent lines) are secured in a closed position and are gas tight.

61. Where loading or unloading operations are being carried out and the operations involve pumping operations, the master of the relevant petroleum ship or person concerned under Regulation 4(5) of these Regulations shall ensure that the following requirements are compiled with, namely—

( a ) in case there is a temporary cessation of a pumping operation, the control valve adjacent to each end of the ship-to-shore connecting pipeline shall be closed,

( b ) when any pumping operation is in progress, blank flanges shall be maintained in position on all discharge manifold valves or pipe connections not then being used,

( c ) at the commencement of pumping of petroleum Class I or petroleum Class II and after each change of class of petroleum in relation to which water clearance is employed, the velocity in the pipeline shall be restricted to and maintained within safe limits and for a period of time sufficient to clear the pipeline twice in an adequate manner, provided that this requirement shall not apply if the harbour master concerned so directs or if a change of class of petroleum can safely be made either by face to face pumping or short water plug separation.

62. (1) A person concerned under Regulation 4 (5) of these Regulations shall ensure that at all times during pumping operations—

( a ) pipelines are wherever necessary regularly patrolled throughout their full length so that any leakage may be detected,

( b ) the control valves of ship-to-shore connecting pipelines are under the continuous observance or effective control of an authorised person, and,

( c ) in addition, all practicable steps are taken to prevent risk of injury.

(2) A person concerned under Regulation 4 (5) of these Regulations shall ensure that arrangements are made to ensure that if during a pumping operation unusual circumstances occur which interfere with or affect the safety requirements of the relevant loading or unloading operation, steps can be taken, if necessary, to discontinue pumping and to carry out appropriate closures of valves of the pipeline or connecting pipeline system and the circumstances are reported forthwith to the harbour master concerned.

(3) In case a report is made to a harbour master pursuant to paragraph (2) of this Regulation, the harbour master may, if he thinks fit, direct that the pumping operation concerned (if not already discontinued) shall be discontinued and in case a direction is given under this paragraph it shall be the duty of the person or a master of the petroleum ship concerned to ensure that the direction is complied with.

(4) A person concerned under Regulation 4 (5) of these Regulations shall take all practicable steps to ensure that—

( a ) no liquid petroleum being loaded on or unloaded from a petroleum ship is spilt, permitted to escape or enter the surrounding water or unapproved drain,

( b ) any person employed by him in loading or unloading operations who observes a leakage, spillage or escape of liquid petroleum from any pipeline, connecting pipeline or container used for or in connection with the operations, or who suspects such a leakage, spillage or escape, immediately informs him of his observation or suspicion,

( c ) the harbour master concerned is notified as soon as practicable of any leakage, escape, spillage or unauthorised discharge of liquid petroleum from a pipeline or container used for or in connection with the operations, or of any suspected such leakage, escape, spillage or unauthorised discharge.

(5) Unless otherwise directed by a harbour master concerned a person concerned under Regulation 4 (2) of these Regulations shall provide—

( a ) suitable booms or other effective means or devices, adequately to contain on the surface of the water surrounding a petroleum ship, any spillage or escape of petroleum during loading or unloading operations,

( b ) an effective means or system for the removal of any petroleum or traces thereof which may escape or leak into the water surrounding a petroleum ship while berthed at an oil jetty,

and such means, devices or system shall be maintained to the satisfaction of any harbour master concerned.

63. (1) Subject to paragraph (3) of this Regulation, a petroleum ship may be loaded or unloaded in a harbour or at an oil jetty after sunset and before sunrise if, but only if, the master of the ship and the person concerned under Regulation 4 (5) of these Regulations ensure that—

( a ) where applicable all pipelines, connecting pipelines and other necessary appliances are coupled up, connected or rigged and pumping has commenced at least one hour before sunset, and

( b ) adequate lighting is provided in accordance with the requirements of these Regulations on shore and where necessary on board the ship to give ample and suitable illumination for the loading or unloading operations.

(2) Where an accident or emergency occurs during the conduct of loading or unloading operations at a harbour or oil jetty at any time between sunset and sunrise and the accident or emergency necessitates repair to the pumping plant, pipeline or connecting pipeline, or in any way interferes with the safety of the operations in progress then, unless the harbour master concerned otherwise directs—

( a ) the master of any petroleum ship concerned and any person concerned under Regulation 4 (5) of these Regulations shall ensure that—

(i) the operations are discontinued forthwith and are not recommenced before sunrise,

(ii) such steps are taken as are required to effect all necessary pipeline isolations, and

( b ) every such master shall ensure that all tanks in the relevant petroleum ship which are connected with anything ashore are disconnected forthwith and are not reconnected before sunrise.

(3) The requirements of subparagraph (1) (a) of this Regulation, shall not apply to a loading or unloading of a petroleum ship in a harbour or at an oil jetty where—

( a ) the loading or unloading operations can be carried out without any risk of injury which is reasonably foreseeable, and

( b ) the operations are carried out under and in accordance with a written permission given by the harbour master concerned prior to the commencement of the operations.

64. (1) Notwithstanding any other provisions of these Regulations, the master of a ship or vessel in every harbour and every person concerned with the loading or unloading of packed petroleum onto, or from a ship or vessel shall ensure that—

( a ) the petroleum containers, casks or packages are neither dragged across the deck or hold nor allowed to slide or roll free,

( b ) empty petroleum containers, demountable tanks or fixed tanks are, unless gas-free, treated as if they were filled with their contents and closed or plugged and are liquid-tight and gas-tight,

( c ) petroleum containers, demountable tanks or fixed tanks are, where practicable, placed, stowed or stacked with caps or end plugs uppermost,

( d ) where petroleum containers with a capacity of 250 litres, demountable tanks or fixed tanks are fitted with a safety relief device, the safety valve is in contact with the vapour space of the container or tank,

( e ) where valves are fitted in petroleum containers, demountable tanks or fixed tanks, due precautions are taken to prevent damage to the valve in handling, stacking or storage operations,

(f) where petroleum containers, demountable tanks or fixed tanks in which there is petroleum containing tetraethyl lead or tetramethyl lead are being handled or transported, that adequate precautions are taken to prevent risk of poisoning to any person.

(2) In this Regulation "a person concerned in loading or unloading a ship" means a person who, by himself, his servants or agents, carries on loading or unloading packed petroleum.

65. (1) A master of a petroleum ship or vessel or a person concerned under Regulation 64 of these Regulations shall ensure that no container, cask, package, demountable tank or fixed tank is loaded or unloaded at a jetty unless it is—

( a ) leak-proof and free from leakage, and

( b ) of adequate strength and construction to prevent leakage or breakage while it is being manually or mechanically transported or handled during such loading or unloading.

(2) Where a container, cask, package, demountable tank or fixed tank is defective, then, notwithstanding paragraph (1) of this Regulation, it may be unloaded in a harbour if, but only if, it is unloaded pursuant to and in accordance with such written or other directions as the harbour master concerned may give for preventing risk of injury.

66. Where loading or unloading operations take place at an oil jetty, the master of a petroleum ship or the person concerned under Regulation 4 (5) of these Regulations shall, unless otherwise directed by the harbour master concerned, ensure on completion of the operations that—

( a ) every connecting pipeline or pipeline ashore and used for conveying petroleum Class I or petroleum Class II, within 30 metres of a petroleum ship berthed at the oil jetty is disconnected forthwith and cleared of such petroleum in a safe and suitable manner,

( b ) before any connecting pipeline between ship and shore is disconnected adequate precautions are taken by providing suitable means to prevent spillage or escape of any petroleum remaining either in the connecting pipeline or in the shore pipeline,

( c ) every opening in a petroleum Class I or petroleum Class II non-gas-free tank, other than openings in a vent pipe or other venting system, are securely closed and forthwith made gas-tight.

67. (1) Without prejudice to any other requirement of these Regulations relating to a confined space, a person shall not be employed by a person concerned under Regulation 4 of these Regulations in any place in which the atmosphere is likely to cause risk of personal injury from petroleum.

(2) A person concerned under Regulation 4 of these Regulations shall not be regarded as having failed to comply with the requirements of paragraph (1) of this Regulation by reason only of physical conditions over which he had no control.

(3) Where, at any time, during the loading or unloading operations there is reason to believe that the atmosphere in any working place at an oil jetty or in a petroleum ship is likely to be toxic, asphyxiating or otherwise harmful, or where at any such time or in any such place there is risk of injury, no person shall be permitted by a master of a petroleum ship or by any other person concerned under Regulation 4 of these Regulations to enter or to be employed in the place unless—

( a ) the atmosphere at the place has been suitably tested or evaluated by efficient and suitable means and by or under the immediate supervision of an authorised person authorised in that behalf by the master of the ship or other person concerned, and

( b ) the person so authorised is satisfied that the place is, for the time being, free from risk of injury to persons, and

( c ) the person so authorised has issued a certificate of entry (which certificate of entry he is hereby authorised to issue) stating clearly that the person or persons may enter or be employed in the place subject to any maximum limit of time or other condition (if any) which he considers necessary for the adequate protection of the person or persons against risk of injury.

(4) Paragraph (3) (a) of this Regulation shall be construed as requiring the master of the ship or the person concerned, as the case may be, to provide adequate and sufficient means for carrying out the tests and evaluations specified in that paragraph and as requiring such means to be capable of accurate continuous monitoring in any case where this is necessary.

(5) A person concerned under Regulation 4 of these Regulations shall take all practical steps to secure compliance with this Regulation and shall ensure that a competent person is available, when necessary, to carry out any tests or evaluations required by this Regulation.

(6) There shall be provided by a person concerned under Regulation 4 of these Regulations suitable personal protective equipment whenever such equipment is required, or is necessary, adequately to protect a person employed by him against risk of injury by petroleum at an oil jetty or at a pipeline connected to an oil jetty.

PART VI CONTRACTUAL WORK, DUTIES OF SELF-EMPLOYED PERSONS

68. (1) All practicable steps shall be taken by a self-employed person or by an employer engaged in any work connected with loading or unloading operations at an oil jetty to ensure that he conducts his work in a manner which will ensure—

( a ) conformity with any requirement of these Regulations which applies to his work,

( b ) that he or another person, or property, who or which is likely to be affected by the work is not exposed to risk of injury by reason of the operations.

(2) An employer engaged in the performance of a contract shall take or cause to be taken all practicable steps to ensure that any person employed by him in connection with loading or unloading operations has received and where necessary continues to receive, adequate instruction, training and supervision to ensure that persons are protected against risk of injury.

(3) A person concerned under Regulation 4 of these Regulations, shall take all practicable steps to satisfy himself that any work which is undertaken by a self-employed person or by an employer in connection with loading or unloading operations at an oil jetty is carried out in a competent manner and without risk of injury.

(4) In this Regulation—

"employer" means the person other than the person concerned under Regulation 4 of these Regulations who with any other person in his employment performs work by contract (whether specified in writing or otherwise), for gain or reward for a person concerned;

"self-employed person" means a person, who has not any other person in his employment, performs work by contract (whether specified in writing or otherwise) for gain or reward for a person concerned.

DANGEROUS SUBSTANCES (OIL JETTIES) REGULATIONS, 1979

FIRST SCHEDULE

Regulation 7(2)

FORM A

Form of Application for a written consent, a renewal of a written consent to carry out loading or unloading operations at an oil jetty.

DANGEROUS SUBSTANCES (OIL JETTIES) REGULATIONS, 1979.

FORM B

Regulation 7(3)

HARBOUR AUTHORITY*

Written consent for loading or unloading operations at Oil Jetty

This Written Consent for loading or unloading operations shall be kept conspicuously posted in an office of the person concerned in loading or unloading operations on or near the oil jetty or at a convenient location near the oil jetty.

DANGEROUS SUBSTANCES (OIL JETTIES) REGULATIONS, 1979.

Regulation 31 (1)

FORM C.

Notice of intention of loading/unloading/trans-shipment of petroleum in bulk/in containers/gas-freeing/tank cleaning/tank washing.

11. To the Harbour Master at

I,       , the master of the petroleum ship/the person concerned under Regulation 4 (5) of the Dangerous Substances (Oil Jetties) Regulations 1979 in loading or unloading operations, hereby give notice on my own behalf/on behalf of the Master of the above-mentioned petroleum ship/that it is the intention to commence the operation of loading/unloading/trans-shipment of petroleum/gas-freeing/tank cleaning/tank washing as specified on the     day of 197,at       hours and that the said operations will be effected with diligence and due dispatch until completed. The estimated time of completion of the operation is       hours on the        day of 197 . I/we certify that the above particulars are correct and true to the best of my/our knowledge and belief.

Note: This form is to be filled in and forwarded or handed to the Harbour Master or a competent person acting on his behalf not less than 5 hours before such loading/unloading/gas-freeing/tank cleaning or tank washing operations are to be effected or as may otherwise be acceptable to the harbour master concerned. A copy of this form is to be retained by the master of the petroleum ship while his ship is in the harbour and by the harbour master concerned for not less than 3 months following completion of the loading/unloading/gas-freeing/tank cleaning or tank washing operation.

DANGEROUS SUBSTANCES (OIL JETTIES) REGULATIONS, 1979.

Regulation 30 (1)

FORM D.

Flag "B"

(1) The flag shall—

(a) be made of suitable material and conform in shape to the above diagram,

(b) be red in colour,

(c) not be in size less than the minimum dimensions "A" and minimum dimensions "B" specified in paragraph (2) of this Form and in case the flag is larger than the size aforesaid, its dimensions which correspond to dimensions "A" and "B" on the above diagram shall bear the proportion which 75 bears to 90 or the proportion which 45 bears to 54.

(2) The minimum dimensions of the flag shall be as follows—

(a) in the case of dimension "A",

(i) not less than 75 centimetres for a ship, or

(ii) not less than 45 centimetres for a harbour craft;

(b) in the case of dimension "B",

(i) not less than 90 centimetres for a ship, or

(ii) not less than 54 centimetres for a harbour craft.

DANGEROUS SUBSTANCES (OIL JETTIES) REGULATIONS, 1979

SECOND SCHEDULE

Regulation 13

Conduct of persons at Oil Jetty

1. A person—

( a ) shall not, without the consent of an authorised person, pass or attempt to pass beyond any fence or barrier marking the restricted area of an oil jetty where a petroleum ship is berthed,

( b ) shall use only the proper means of access to or egress from the restricted area of an oil jetty where a petroleum ship is lying,

( c ) shall not, without the consent of an authorised person, pass or attempt to pass beyond any fence or barrier marking the boundaries of any pipeline used for conveying petroleum to or from a petroleum ship during the operations,

( d ) shall not, without the written consent of an authorised person enter, or attempt to enter or gain access to a petroleum ship,

( e ) shall not, without the written consent of an authorised person, carry out, any cleaning or repairs to a pipeline, hose or connection that has been or is being used for the conveying of petroleum Class I or petroleum Class II but this requirement shall not apply to the cleaning of an external surface for the purpose of the removal of surplus grease or oil, dust, dirt or similar contaminant,

( f ) shall not require another person to do anything the doing of which is prohibited by the foregoing provisions of this paragraph.

2. A person shall not bring or take to or have in his possession within the restricted area of an oil jetty where a dangerous concentration of vapours is likely to be present, any lucifer matches, mechanical lighters, open flame, naked light or any spark-producing device or other means of procuring a flame or any agency, article or substance likely to cause ignition, fire or explosion.

3. A person shall not, except in a safe place as may be provided and specifically designated by the harbour master concerned, smoke nor have in his possession a lighted match, lighted lighter, lighted pipe, lighted cigar or lighted cigarette within the boundaries of an oil jetty.

4. A person engaged or employed in the loading or unloading operations shall take all necessary precautions to prevent overflow, spillage or escape of petroleum.

5. ( a ) A person shall not while engaged or employed in loading or unloading operations or while at an oil jetty at which a petroleum ship is berthed be either intoxicated or under the influence of drugs.

( b ) A person shall not bring intoxicating liquor or drugs to such an oil jetty and a person who appears to be under the influence of intoxicating liquor or drugs shall not be admitted within the restricted area of an oil jetty at which a petroleum ship is berthed.

6. A person shall not require another person who is engaged or employed in loading or unloading operations, to use or wear at any place where a dangerous concentration of petroleum vapours is likely to be present, any boots, shoes or other footwear having exposed iron or steel nails or other exposed ferrous material likely to cause risk of injury.

7. Every person engaged in or employed in connection with—

( a ) a petroleum ship lying at an oil jetty, or

( b ) loading or unloading operations

shall carry out his work or duties with due care and attention and in such manner as to ensure that no act of his will cause risk of injury to person or property from petroleum.

8. A person shall not drive a vehicle or move mobile equipment within the restricted area of an oil jetty at which a petroleum ship is lying without the approval of an authorised person and without due care and attention, or at a speed or in a manner likely to cause risk of injury.

GIVEN under my Official Seal, this 18th day of September, 1979.

GENE FITZGERALD

Minister for Labour

EXPLANATORY NOTE.

The purpose of these Regulations is to provide for all practicable steps to be taken by the appropriate persons concerned to prevent risk of injury to persons or property—-

( a ) in the vicinity of petroleum ships or oil jetties,

( b ) in the loading or unloading of petroleum ships at oil jetties or in harbours, and

( c ) in the conveying by pipeline of petroleum to or from ships' tanks and storage tanks ashore.

Requirements are laid down relating to the operational safety procedures and practices to be observed in loading or unloading of petroleum ships to—

( a ) prevent oil spillages or escape of oil from pipelines,

( b ) prevent oil entering waters surrounding petroleum ships and the ignition of vapours of petroleum or spread of fire from oil spillages on the waters, and

( c ) prevent the ignition of dangerous concentrations of gas on a petroleum ship or ignition, explosion or fire of storage tanks containing volatile petroleum vapours ashore.

The Regulations also provide for—

( a ) the construction, testing, periodic examination and certification of connecting pipelines or other pipelines for conveying petroleum between the tanks on ships and the storage tanks on shore,

( b ) employment of competent persons possessing adequate knowledge, training and ability to perform their duties safely in order to prevent risk of injury to persons or property from petroleum,

( c ) the instruction, training (including fire-fighting) and competent supervision of persons employed in the operations,

( d ) the issue of adequate up-to-date safety information in book form to persons employed in the operations,

( e ) the use of suitable protective clothing and personal protective equipment by persons employed, and

( f ) the monitoring, testing and evaluation of toxic or dangerous atmospheres at working places and the use of naked lights.

The Regulations stipulate that the use by a person of an oil jetty for the purpose of loading or unloading operations shall be subject to statutory control by means initially of a first consent which may be valid for a period up to but not exceeding 3 years to be issued by the harbour master and the thereafter by his renewal of the consent.

Requirements also relate to the following:

( a ) the exchange of adequate safety information between the master of a petroleum ship and the harbour master and other authorised personnel on ship and ashore;

( b ) the taking of fire safety measures necessary to prevent risk of injury;

( c ) appropriate alarm and signal systems necessary for communication in the event of an emergency;

( d ) the most expeditious means of communication with the appropriate fire brigade authorities, the ambulance authorities, the Garda Síochána and other authorised persons in the event of fire, danger or alarm;

( e ) adequate arrangements to deal with any emergency in the event of fire, danger or alarm including unobstructed means of access for the emergency services;

( f ) evacuation emergency plans for the protection of persons employed at oil jetties or on petroleum ships berthed at oil jetties and for persons residing or working in the vicinity of oil jetties;

( g ) safeguards against risk of injury from electricity, static electricity, radio or radar equipment;

( h ) the loading and unloading of volatile packed petroleum;

( i ) the use of freight containers, containing packed petroleum.