S.I. No. 303/1988 - Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988.

S.I. No. 303 of 1988.

DANGEROUS SUBSTANCES (RETAIL AND PRIVATE PETROLEUM STORES) (AMENDMENT) REGULATIONS, 1988.

I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by sections 23 , 36 , 37 (3) and 62 (2) 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 (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988.

(2) These Regulations shall come into operation on the 1st day of December, 1988.

2. In these Regulations—

"the Principal Regulations" means the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 ( S.I. No. 311 of 1979 ).

3. The Principal Regulations are hereby amended by—

( a ) the substitution in Regulation 2 (1) of the following definition for the definition of "competent person":

"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;

( b ) the insertion in Regulation 2 (1) after the definition of "licence" of the following definition:

"licensee" means a person having a licence under the Act and is hereby deemed to include any person required to have a licence (whether or not a person in fact holds a licence) in respect of any retail store or a private store for the storage of petroleum Class 1 at such store;

( c ) the substitution in Regulation 2 (1) of the following definition for the definition of "underground storage tank":

"underground storage tank" means for the purposes of these Regulations, an underground storage tank located below the surface of the ground at a retail store or a private store and used, subject to Regulation 9 of these Regulations, for the storage of petroleum Class 1;

( d ) the substitution for paragraph (1) of Regulation 3 of the following paragraph:

"(1) Subject to Regulation 4 of these Regulations, Part II, other than Regulation 10(2) of these Regulations, applies to a retail store or private store licensed or required to be licensed under section 21(1) of the Act for the storage of petroleum Class 1.";

( e ) the insertion in Regulation 3 of the following paragraph:

"(4) The Minister may, subject to such conditions as may be specified therein, by certificate in writing (which said certificate he may revoke at any time) exempt from all or any of the provisions of these Regulations any consignor, carrier, driver or other person named in the certificate where he is satisfied that the requirements in respect of which the exemption is granted are not necessary for the protection of persons or property.";

( f ) the substitution for Regulation 4 of the following Regulation:

"(1) Where a licensing authority is satisfied, in relation to any retail store or any private store used for the keeping of petroleum Class 1, immediately before the commencement of these Regulations, that—

(i) such store cannot at reasonable expense be made to comply with the requirements of Regulations 12(2), 15(1), 15(2), 31(2) to 31(7), 32 to 44 of these Regulations, or

(ii) all reasonably practicable steps have been taken in relation to that store to ensure a standard of protection approximating to that required under the Regulations specified in sub-paragraph (i) of this paragraph against risk of injury caused by petroleum Class 1, or

(iii) works, alterations or additions which would enable such store to comply with the Regulations specified in sub-paragraph (i) of this paragraph will be carried out within a specified period and a written undertaking to that effect has been given by the applicant for a licence to the licensing authority,

the licensing authority may issue a licence subject to such conditions (including conditions relating to those works, alternations or additions) as it considers necessary to attach to the licence and specify in the licence.

(2) Paragraph (1) (i) of this Regulation shall apply from the 1st day of December, 1988, to 31st December, 1999.

(3) Where a licensing authority considers that the risk of injury is so serious that the use of a retail or private store or part thereof should be restricted or should be prohibited until specific measures have been taken to reduce the risk to a reasonable level the provisions of paragraph (1)(i) of this Regulation shall not apply.

(4) A licence issued under paragraph (1)(i) of this Regulation shall be in the form set out in the Seventh Schedule as inserted by these Regulations.";

( g ) the substitution for paragraph (2) of Regulation 6 of the following paragraph:

"(2) Every licence shall be valid for such period not exceeding three years as may be specified in the licence and every licence, other than a licence issued under Regulation 4(1) (i) of these Regulations, shall be in the form specified in Schedule 3 as substituted by these Regulations. Any application for the renewal of a licence shall be made not less than three months before the date on which the licence expires.";

( h ) the insertion in Regulation 10 of the following paragraph:

"(2) ( a ) Any person in control of any underground tank shall—

(i) give notice in writing to the licensing authority of the existence of each such tank, and

(ii) take all practicable steps (including any steps required by the licensing authority) to render the tank immune from the risk of fire or explosion.

( b ) In this paragraph an "underground tank" means an underground tank below the surface of the ground that retains petroleum Class 1.";

( i ) the substitution for paragraph (1) of Regulation 31 of the following paragraph:

"(1) Notwithstanding any other provision of these Regulations, every underground storage tank and every pipeline connected to such a tank shall be of suitable design, good construction, sound material and adequate strength for the purpose of which it is used and so installed, protected and maintained so as to prevent any leakage of petroleum.";

( j ) the deletion in Regulation 31(2) of "or" between sub-paragraphs (d) and (e);

( k ) the substitution of paragraph 6 (c) of Regulation 34 of the following paragraph:

"(c) be laid having a slope in the pipeline towards the tank of not less than 10 millimetres to the metre";

( l ) the substitution for paragraph (1) of Regulation 35 of the following paragraph:

"(1)The inlet or outlet connection of a connecting hose or pipe through which petroleum Class 1 is conveyed from a tank of a tank-vehicle to an underground storage tank or separate compartment of such a tank at a retail or private store, shall be designed and constructed to ensure at all times during the conveying operation—

( a ) that an adequate leak-proof and vapour-tight connection or coupling device is provided and maintained at the outlet of the tank of the vehicle and at the filling pipe intake opening of the underground storage tank or separate compartment, and

( b ) that the connection of coupling device under subparagraph (a) of this paragraph is incapable of being connected at a retail or private store to an underground storage tank or a separate compartment which is used other than for the storage of petroleum Class 1.";

( m ) the substitution in Regulation 42(12) of "electrical" for "electronic";

( n ) the substitution in Regulation 42 (13) (c) of "isolating" for "insultating";

( o ) the substitution in Regulation 58 (a) of "petroleum" for "petrol";

( p ) the substitution of the following Schedule for Schedule 3 thereof:

"SCHEDULE 3

Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 ( S.I. No. 311 of 1979 )

and

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988 ( S.I. No. 303 of 1988 ).

Regulation 6(2) of the 1979 Regulations as substituted by Regulation 3 (g) of the 1988 Regulations.

Form of Licence

Licence to Keep Petroleum Class 1 at Retail Store/Private Store

The       , being the licensing authority under the provisions of the Dangerous Substances Act, 1972 (No. 10 of 1972), hereby grants this licence authorising petroleum Class I (petroleum spirit) to be kept for the period not exceeding   years from the  day of 19 , at the petroleum retail store/private store at the above-named location, subject to the provisions of the said Act and of any orders and regulations made thereunder or continued thereby and in force for the time being, and subject also to any applicable bye-laws and to the Conditions hereto annexed.

Signed —

Date—

Conditions to be Observed

1.

2.

3.

4.

5.

"

( q ) the substitution of the following Schedule for Schedule 4 thereof:

"SCHEDULE 4

Dangerous substances (Retail and Private Petroleum Stores) Regulations, 1979 ( S.I. No. 311 of 1979 )

and

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988 ( S.I. No. 303 of 1988 ).

Regulations 20 and 21

Form of Certificate

I,       hereby certify that—

( a ) the underground storage tank or separate compartment of that tank identified by number in the first column hereunder has been properly tested and that the quantity of petroleum specified in the second column hereunder can be safely accommodated in that thak or compartment, and

( b ) I have taken all practicable steps to ensure that the connecting hose is properly and securely connected to the filling opening of that tank.

Note: The authorised person in charge of the storage tank identified by number in the first column of this certificate shall enter in the second column of this certificate the quantity, class and grade of petroleum which is to be delivered to that tank (or to a separate compartment of that tank) and shall sign his name in the third column after the hose of the tank of the tank-vehicle has been securely connected to the tank and before any delivery of petroleum into the tank has commenced."

( r ) the substitution in column 3 (approximate external overall length in millimetres) of part 1 of Schedule 5 of "4540" for "6540";

( s ) the insertion of the following Schedule:

"SCHEDULE 7

Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 ( S.I. No. 311 of 1979 )

and

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988 ( S.I. No. 303 of 1988 ).

Regulation 4 (1)(i) of the 1979 Regulations (as substituted by Regulation 3 (f) of the 1988 Regulations) and Regulation 6 (2) of the 1979 Regulations (as substituted by Regulation 3 (g) of the 1988 Regulations).

Form of Licence

Register No. .......................................................

Total quantity authorised ................................

Fee paid ............................................................ ..

Licence to keep petroleum Class 1 to Retail Store/Private Store

The      , being the licensing authority under the provisions of the Dangerous Substances Act, 1972 (No. 10 of 1972), hereby grants this licence authorising petroleum Class I (petroleum spirit) to be Kept for the period not exceeding   years from the  day of 19 , at the petroleum retail store/private store at the above-named location, subject to the provisions of the said Act and of any orders and regulations made thereunder or continued thereby and in force for the time being, and subject also to any applicable bye-laws and to the Conditions hereto annexed.

Signed —

Date —

Conditions of issue of this licence

(1) This store will not be eligible for a licence after 31 December, 1999 unless it meets fully the requirements of the Dangerous Substances Act, 1972 (No. 10 of 1972), S.I. No. 311 of 1979 , S.I. No. 303 of 1988 and any subsequent Regulations amending those Regulations.

(2) The following conditions must be observed

a.

b.

c.

d.

e.

"

GIVEN under my Official Seal, this 23rd day of November, 1988.

BERTIE AHERN,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations provide for amendments to the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 ( S.I. No. 311 of 1979 ). A retail or private petroleum store requires to be licensed by the local or harbour authority or, where the store is owned by such authority, by the Minister for Labour.

The Regulations provide for revised safety requirements in certain circumstances for petrol filling stations, constructed before the 1979 Regulations commenced, to enable them to be licensed to operate until 31 December, 1999. Safety controls on management and operations are retained.