S.I. No. 313/1979 - Dangerous Substances (Petroleum Bulk Stores) Regulations, 1979.

(2), 23 , 36 , 62

(2)and 66 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 (Petroleum Bulk Stores) Regulations, 1979.

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

(1)In these Regulations— "the Act" means the Dangerous Substances Act, 1972 (No. 10 of 1972); "above-ground storage tank", except where the context otherwise requires, means an above-ground horizontal storage tank used or intended to be used for the keeping or storage of liquid petroleum at a store no part of which is below ground level or covered with earth, sand or similar material; "ambulance authority" means the ambulance service provided (in the functional area of the proper authority where a store is located) by a health board established under the Health Act, 1970 (No. 1 of 1970); "appropriate fire brigade authority" means the fire brigade authority for the sanitary district in which the store concerned 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 portion of the sanitary district) in which the store concerned is located; "approved", except where the context otherwise requires, means approved for the time being by the Minister; "authorised person" means, in relation to a store, a licensee, owner or contractor who is competent to carry out duties connected with the safe keeping or conveying of petroleum or an employee or other person authorised in writing to carry out such duties and competent to do so; "available for inspection" means available for inspection by an inspector or any officer or servant of a local or harbour authority duly authorised by the authority for the purposes of section 43 of the Act; "compartment" means a compartment forming a liquid-tight division of an underground storage tank; "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, risk of injury; "confined space" means the interior of a storage tank, process vessel or other similar tank or enclosed or confined space at a store that contains or has contained petroleum or sludge or residue of petroleum, or in which a dangerous concentration of vapours of petroleum is likely to be present; "container" means— ( a ) a suitable leak-proof metal drum of adequate strength and construction and with a capacity not exceeding 250 litres of petroleum Class I or petroleum Class II, ( b ) a suitable leak-proof metal container of adequate strength and construction with a capacity not exceeding 60 litres of petroleum Class I or petroleum Class II, ( c ) a suitable leak-proof container of metal or other material of adequate strength and construction and with a capacity not exceeding 30 litres of petroleum Class I or petroleum Class II, constructed in accordance with an approved standard or specification, or ( d ) a suitable leak-proof container with a secure stopper and a capacity not exceeding 5 litres of petroleum Class I or petroleum Class II; "container compound" means an area located in a safe position in the open air at a store and used or intended to be used for the keeping or storage of containers; "container store" means a container store of adequate fire-resistance construction for the safe keeping or storage of containers in or at a store; "contractor", except where the context otherwise requires, means the person who has the management and control of a pipeline located outside the boundaries of a store, for the purpose of its use or operation in the conveying of petroleum to or from a store; "dangerous concentration of vapours" means a concentration of vapours greater than the lower flammable limit of the vapours and which is capable of ignition or causing bodily injury; "distribution store", except where the context otherwise requires, means a place or premises used or intended to be used for the keeping for sale in whole or in part of— ( a ) petroleum Class I not exceeding in storage capacity 5,000 cubic metres, or ( b ) petroleum Class III and either petroleum Class I or petroleum Class II not exceeding in aggregate storage capacity 7,000 cubic metres; "earthed" means connected to the general mass of earth in such 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; "filling location" means a filling shed or building at a store in which petroleum Class I or petroleum Class II is transferred to or from a container; "fire brigade authority" has the meaning assigned to it by the Fire Brigades Act, 1940 (No. 7 of 1940); "fire main" means a pipe or system of pipes for conveying a supply of water to a store for fire-fighting purposes; "fire resistance", except where the context otherwise requires, 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 fire-resisting or load-bearing functions; "fixed roof storage tank", except where the context otherwise requires, means an above-ground vertical cylindrical steel welded tank, with butt-welded shells and fixed roof, used or intended to be used for the keeping or storage of liquid petroleum at a store; "floating roof storage tank", except where the context otherwise requires, means an above-ground vertical cylinderical steel welded tank with butt-welded shells, the roof of which normally floats freely on the surface of the petroleum liquid contained in the tank except when the weight of the roof is taken on the tank support legs for maintenance or inspection purposes and which is used or is intended to be used for the keeping or storage at a store of petroleum Class I or petroleum Class II; "fuel tank" means a fuel tank of a vehicle or engine which is designed for carrying fuel for use only in the propulsion of that vehicle or engine; "fuelling location" means a location where petroleum Class I or petroleum Class II is dispensed or delivered to the fuel tank of a vehicle or engine at a store; "hazardous area" means, an area in which, because of the existence of petroleum or of an abnormal or transient condition an explosive or flammable atmosphere may be present continuously or intermittently; "leaded petroleum" means petroleum Class I or petroleum Class II containing lead tetraethyl or similar lead-containing compound; "licence" means a licence under the Act in respect of a store for the storage of petroleum Class I at a store, and cognate words shall be construed accordingly; "line of rails" means a line of rails or sidings used in connection with a locomotive, rail tank wagon or rail truck for the conveyance of petroleum Class I or petroleum Class II; "loading location" means a location at which petroleum Class I or petroleum Class II is loaded into a tank at a store; "locomotive" means— ( a ) any self-propelled wheeled vehicle designed for use on a line of rails, or ( b ) any self-propelled wheeled tractor, whether or not on a line of rails, used for the movement of a rail tank wagon or rail truck in connection with the conveyance of petroleum; "main retaining wall", except where the context otherwise requires, means a main retaining wall, fire wall, bund or dike surrounding or enclosing an above-ground storage tank or vertical storage tank, or surrounding both such tanks or a group of such tanks at a store; "major distribution store", except where the context otherwise requires, means a refinery tank-farm or similar place or premises used or intended to be used for the keeping for sale in whole or in part or for trans-shipment of— ( a ) petroleum Class I exceeding in quantity 5,000 cubic metres, or ( b ) petroleum Class III and either petroleum Class I or petroleum Class II exceeding an aggregate storage capacity of 7,000 cubic metres of petroleum; "the Minister" means the Minister for Labour; "non-combustible", in relation to a material, means material regarded as non-combustible according to the test for non-combustibility specified in British Standard 476; Part 4: 1970; "non-hazardous area" means an area which is not a hazardous area; "oil interceptor" means an oil interceptor, separator, chamber or other device approved by the proper authority and suitably designed, located, constructed, vented in a safe manner and maintained so as to retain for recovery and for safe disposal any petroleum conveyed to it by a drainage system; "owner", except where the context otherwise requires, means the occupier of a store (which is used or intended to be used for the keeping of petroleum Class II or petroleum Class III) who manages or controls the store; "petroleum", except where the context otherwise requires, means liquid petroleum Class I, petroleum Class II or petroleum Class III; "petroleum Class I" means petroleum-spirit tested in accordance with regulations under section 20 of the Act; "petroleum Class II", except where the context otherwise requires, means petroleum which when tested at normal atmospheric pressure 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 II

(1)" means such petroleum conveyed, loaded, unloaded or stored at a temperature below its flash point; and "petroleum Class II

(2)" means such petroleum conveyed, loaded, unloaded or stored at a temperature at or above its flash point; "petroleum Class III", except where the context otherwise requires, means petroleum when tested at normal atmospheric pressure in accordance with regulations under section 20 of the Act gives off a flammable vapour at a temperature exceeding 60° Celsius; "petroleum Class III

(1)" means such petroleum conveyed, loaded, unloaded or stored at a temperature below its flash point; "petroleum Class III

(2)" means such petroleum conveyed, loaded, unloaded or stored at a temperature at or above its flash point; "petroleum-spirit" means petroleum which at normal atmospheric pressure gives off an inflammable vapour at a temperature of less than 22.8° Celsius (73°F); "pipeline", except where the context otherwise requires, means a pipeline used or intended to be used for conveying petroleum and connected or intended to be connected to an above-ground storage tank, and includes a pipeline interconnected between separate stores; "private bulk store" means a place or places used or intended to be used for keeping ( other than for sale or resale in whole or in part)— ( a ) under a licence petroleum Class I exceeding 13.638 litres (3 gallons) but excluding petroleum Class I kept in conformity with the Dangerous Substances Act (Retail and Private Petroleum Stores) Regulations, 1979 ( S.I. No. 311 of 1979 ); or ( b ) an aggregate quantity of petroleum Class II and petroleum Class III exceeding in liquid quantity 5 cubic metres but excluding a store used exclusively for the storage of petroleum Class III; "proper authority", except where the context otherwise requires, means the appropriate local or harbour authority within the meaning of section 2

(2)of the Act or, where a store is owned by such an authority, the Minister; "public road" means a road the responsibility for which lies on a road authority; "rail tank wagon" means a non-self-moving wheeled rail tank wagon used on a line of rails and having one or more tanks mounted thereon; "rail truck" means a non-self-moving wheeled rail truck used on a line of rails for the conveyance of petroleum Class I or petroleum Class II in containers; "railway undertaking" means Córas Iompair Éireann or any other approved railway undertaking; "refinery" means a premises or place used for the separation, refining or processing of petroleum and products thereof; "retaining enclosure" means an enclosure, compound, bunded area ar diked area at a store completely surrounded by a main retaining wall and within which a vertical storage tank or an above-ground storage tank (or both such tanks or a group of such tanks) is (or are) located; "risk of injury", except where the context otherwise requires means risk of injury either to persons or property from petroleum (or vapours of petroleum) because of ignition, fire, explosion, spillage, escape or leakage, or to persons while keeping, conveying, loading or unloading petroleum; "road authority" means— ( a ) the council of a county, ( b ) the corporation of a county or other borough, or ( c ) the council of an urban district; "source of ignition" means any naked light, fire, spark, flame, exposed incandescent material, petroleum vapour, air mixture, electrical apparatus or any other agency or device capable of causing or likely to cause risk to person or property from ignition, fire or explosion of petroleum in a storage tank; "storage tank", except where the context otherwise requires, means a vertical storage tank or an above-ground or underground storage tank used or intended to be used for the storage of petroleum at a store; "store", except where the context otherwise requires, means a distribution store, major distribution store or private bulk store; "tank" means a suitable leak-proof tank, container, demountable tank, fixed tank, self-bearing tank or tank having a capacity exceeding 1 cubic metre and mounted, fixed or secured on a tank-vehicle or rail tank wagon designed and used for conveying or delivering petroleum Class I or petroleum Class II to or at a store, but does not include a fuel tank; "tank-semi-trailer" means either a drawn component of an articulated vehicle or a vehicle constructed or adapted for use as a drawn component of an articulated vehicle; "tank-trailer" means a trailer comprising one or more fixed or demountable tanks; "tank-vehicle" includes a composite vehicle, articulated vehicle, tank-trailer or tank-semi-trailer, used for the delivery or conveyance of petroleum Class I or petroleum Class II to from or at a store; "underground storage tank", except where the context otherwise requires, means an underground horizontal storage tank located below the surface of the ground at a store and used for the storage of liquid petroleum Class I or liquid petroleum Class II, and includes a mounded storage tank installed in accordance with Regulation 20

(3)of these Regulations; "unloading location" means a location at which petroleum Class I or petroleum Class II is unloaded from a tank at a store; "vertical storage tank", except where the context otherwise requires, means a fixed roof storage tank or a floating roof storage tank at a store.

(2)Any reference in these Regulations to a British Standard or other standard is a reference to that Standard as amended or extended, whether before or after the commencement of these Regulations. 3. Subject to any conditions attached to a licence, and without prejudice to any other provision of these Regulations, the Rules specified in Schedule 1 to these Regulations shall apply in relation to every store. 4.

(1)Where a proper authority is satisfied— ( a ) that a store used for the keeping of petroleum Class I immediately before the commencement of these Regulations cannot at reasonable expense be made to comply with Regulations 12,13,14,18

(2), 18

(3), 18

(4), 18

(5), 19

(1), 20 to 22, 23

(2), 23

(3), 25

(2), 30, 31, 34, 35

(2), 36, 37, 39, 42

(1), 44, 51, 54, 59, 60, 66

(1)(b), 66

(2), 66

(3), 75

(2), 75

(3), 75

(4), 75

(5), 76, 77 and 81 of these Regulations, and ( b ) that either all 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 subparagraph (a) of this paragraph against risk of injury, or works, alterations or additions which would enable that store to comply with those Regulations will be carried out within a specified period and a written undertaking to that effect has been given by the applicant for a licence, it may issue a licence subject to such conditions (including conditions relating to those works, alterations or additions) as it considers necessary to attach to the licence and specifies in the licence.

(2)Where a proper authority is satisfied— ( a ) that a store used for the keeping of petroleum Class II and petroleum Class III immediately before the commencement of these Regulations cannot at reasonable expense be made to comply with the requirements of Regulations 12, 13, 14, 18

(2), 18

(3), 18

(4), 18

(5), 19

(1), 20 to 22, 23

(2), 23

(3), 25

(2), 30. 31, 34, 35

(2), 36, 37, 39, 42

(1), 44, 51, 54, 59, 60, 66

(1)(b), 66

(2), 66

(3), 75

(2), 75

(3), 75

(4), 75

(5), 76, 77 and 81 of these Regulations, and ( b ) that either all 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 subparagraph (

1. a)of this paragraph against risk of injury, or works, alterations or additions which would enable that store to comply with those Regulations will be carried out within a specified period and a written undertaking to that effect has been given by the owner, it may regard the store as complying with the requirements specified in subparagraph (
2. a)of this paragraph. 5.

(1)Subject to Regulation 4 of these Regulations, in order to be eligible for the grant or renewal of a licence, a store for the keeping of petroleum Class I shall be located, constructed or arranged in accordance with the appropriate requirements of these Regulations.

(2)Every licensed store shall be maintained and used for the storage of petroleum Class I in accordance with these Regulations and with any conditions attached to the licence.

(3)A store (other than a licensed store) for the keeping of petroleum Class II and petroleum Class III shall be located, constructed or arranged in accordance with the appropriate requirements of these Regulations.

(4)Without prejudice to any requirement of these Regulations all practicable steps shall be taken by a licensee or owner to ensure that—- ( a ) the layout of a store is so designed, planned and arranged as to prevent risk of injury, ( b ) a store is maintained in a clean, tidy and orderly condition and is free of any obstructions likely to cause risk of injury, ( c ) every place in a building or working place at a store is adequately ventilated to prevent any dangerous concentration of vapours likely to cause risk of injury, ( d ) all petroleum pumping apparatus, machinery or equipment, is so designed, constructed located, maintained (and, where necessary, protected) as to prevent risk of injury, ( e ) all working places at a store are safe and are provided with safe means of access and egress for persons employed or present at the store.

(5)These Regulations do not apply at a private bulk store to the use of petroleum (after its withdrawal from a storage tank or container) in any manufacturing process, or in the making of any article or substance.

(6)These Regulations do not apply to any separation, refining or processing of petroleum at a refinery or to any auxiliary tank or vessel used for the temporary keeping of petroleum in respect of such separation, refining or processing, other than any storage tank connected by pipeline to a loading or unloading location or an oil jetty, and used for the immediate keeping of petroleum unloaded from or to be loaded on to a tank or petroleum ship.

(7)These Regulations apply— ( a ) to any line of rails located within the boundaries of a store and used in connection with the store for the conveyance of petroleum by rail tank wagon or rail truck, and ( b ) to any line of rails located between the boundaries of a store and the boundaries of a railway undertaking and used in connection with a store for the conveyance of petroleum by rail tank wagon or rail truck.

(8)The requirements of this Regulation shall be observed by a carrier who undertakes by contract or otherwise the conveyance of petroleum by rail tank wagon or rail truck between the boundaries of a store and a railway undertaking. 6.

(1)Every application for— ( a ) a first licence, ( b ) an amended licence under Regulation 11

(2)of these Regulations, ( c ) the renewal of a licence, or ( d ) the transfer of a licence, shall be made on the form set out in Schedule 2 to these Regulations, and shall be accompanied by the fee for the time being prescribed under section 38 of the Act.

(2)Every licence shall be valid for such period not exceeding three years as may be specified in the licence and shall be in the form specified in Schedule 3 to these Regulations, and any application for the renewal of a licence shall be made not less than three months before the date on which the licence expires.

(3)Any licence or class of licence for an existing store for the keeping of petroleum Class I which is continued in force under section 8 of the Act shall expire on the expiration of the period of one year beginning at the commencement of these Regulations or on the date of expiry specified in the licence, whichever is the sooner.

(4)A person under the age of 18 years shall not be eligible for the grant of a licence.

(5)No petroleum Class I shall be dispensed at a store into the fuel tanks of vehicles owned by the public.

(6)No petroleum Class I shall be dispensed into the fuel tanks of vehicles owned by persons employed at a distribution store or major distribution store except in accordance with and subject to any conditions attached to a licence. 7. Where a licensee of a store for the keeping of petroleum Class I becomes incapable (whether through death, bankruptcy, mental or physical disability or otherwise) of carrying on business, any other person may, notwithstanding any other provision of these Regulations, carry on the business for a period not exceeding one month if as soon as practicable after the commencement of that period he applies for a licence. 8.

(1)A licensee or owner of a store shall, before transferring the occupation of a store to any other person, give notice in writing to the proper authority of his intention to do so and of the name and address of the person to whom he proposes to transfer occupation.

(2)Subject to paragraph

(1)of this Regulation, where the ownership of a store is transferred by act of the parties or by operation of law, the licensee or owner shall forthwith inform the proper authority of the transfer.

1. A storage tank and any separate compartment of such a tank shall while licensed for the storage of petroleum Class I be used exclusively for the storage of petroleum Class I, unless the proper authority consents in writing to the use of the tank or compartment for any other purpose, and in such a case the terms of the consent shall be complied with.
2. A licensee or an owner of a store shall, before discontinuing the use of a storage tank exceeding 5 cubic metres' capacity which has been used for the storage of petroleum Class I or petroleum Class II— ( a ) give not less than 21 days' notice in writing to the proper authority of his intention to discontinue the use of the tank, and ( b ) take all practical steps (including any steps required in writing by the proper authority upon receipt of the notice required under paragraph (a)) to render the tank immune from the risk of fire or explosion. 11.

(1)No work affecting the keeping of petroleum Class I or petroleum Class II (except normal routine work of repair, maintenance or minor alterations or work required by or permitted in a condition attached to a licence) and comprising enlargement, addition, reconstruction or alteration shall be carried out to or at a store unless an application in writing for permission to do so has been made by the licensee or owner to the proper authority and the proper authority has given such permission.

(2)Where work permitted under this Regulation is carried out at a store used for the keeping of petroleum Class I the proper authority shall issue to the licensee an amended licence in lieu of that which he held before the work was carried out. 12.

(1)Every application for a first licence (or for the First renewal of a licence continued in force under section 8 of the Act) shall— ( a ) be accompanied by a plan (with four copies) drawn to a scale in metric units of measurement of not less than 1:2500, consisting of an extract from the Ordnance Survey map (or tracing thereof) in linen or similar durable material, ( b ) where there is not readily available an Ordnance Survey map drawn to the scale specified in paragraph

(1), a plan (with four copies) in metric units of measurement and consisting of an extract from the relevant Ordnance Survey 1:1000 map (or tracing thereof) in linen or similar durable material and, marked and coloured so as to identify clearly— (

1. i)the site or proposed site (including the boundaries, which shall be marked in red) of the store, (
2. ii)the surrounding district or area for not less than a distance of 4 kilometres in all directions, and (iii) the north point on the plan.

(2)Every plan submitted in accordance with paragraph

(1)of this Regulation shall be accompanied by— ( a ) one ground plan (with four copies) drawn to a scale in metric units of measurement of not less than 1:500 or 1:100 (whichever is acceptable to the appropriate proper authority) and so marked as to identify clearly the existing location or proposed location of each— (

1. i)above-ground or underground storage tank, (
2. ii)retaining enclosure, (iii) opening store or opening compound, (
3. iv)loading or unloading location, (
4. v)filling or fuelling location, ventilating pipe opening, (
5. vi)pipeline, surface water drainage system including piped water and open drain, (vii) building or similar structure (including cellars or basements) within 16 metres of any hazardous area, (viii) road or railway line, (
6. ix)fire main (if any), (
7. x)security fence, entrance or exit gate, (
8. xi)location or place where smoking is permitted or proposed to be permitted, and the distances from each other and from any protected work; ( b ) one plan and specification or appropriate particulars (with four copies), including suitable drawings or plans, elevations and sections to a scale in metric units of measurement of not less than 1:50 and so marked as to give adequate details of the construction or proposed construction and dimensions and the manner of installation or proposed installation of each— (
9. i)above-ground storage tank and its foundation, (
10. ii)underground storage tank and its surround and foundation, (iii) container store or container compound, (
11. iv)loading or unloading location, (
12. v)filling or fuelling location, (
13. vi)security fence, entrance or exit gate, (vii) pipeline, surface water piped drainage system, open drain, line of rails or rail track, (viii) retaining enclosure and retaining walls, (
14. ix)building or similar structure. ( c ) one plan and specification or appropriate particulars (with four copies) so marked as to show all electrical apparatus installed or to be installed or used.

(3)Every application for a licence under paragraph

(1)of this Regulation shall be accompanied by particulars of— (

1. i)each building or place at a store or private store in or at which any articles, materials or substances (other than petroleum), liable to spontaneous combustion or ignition or otherwise flammable or dangerous, are kept or are to be kept and their amounts or quantities, (
2. ii)the amount or quantity of petroleum Class I, petroleum Class II or petroleum Class III kept or to be kept in each above-ground or underground storage tank, container store or container compound, filling location or (where appropriate) auxiliary tank at a loading location, (iii) the fire-fighting installation, appliances or substances to extinguish or combat the spread of fire, (
3. iv)the lighting arrangements, (
4. v)the total maximum aggregate quantity of petroleum to be kept in the fuel tanks of vehicles located in the parking facilities at the store, (
5. vi)the total maximum number of road tank-vehicles or, where applicable, rail tank wagons to be accommodated at any one time within the boundary of a store, (vii) the nature of the processes or operations carried on or to be carried on at the store and in each building or part thereof, (viii) the approximate maximum number of persons employed or likely to be employed at the store and, where applicable, in each building thereat, and (
6. ix)any further particulars, plans, maps or drawings which the proper authority requires by a notice in writing.

(4)Every application for an amended licence under Regulation 11

(2)of these Regulations shall be accompanied by— ( a ) one plan in metric units of measurement, and specification or appropriate particulars (with four copies) giving details of the proposed installation, alteration, enlargement, addition or reconstruction, and ( b ) any further appropriate particulars, plans, maps or drawings which the proper authority requires by notice in writing.

(5)For the purpose of paragraph

(2)(

1. a)of this Regulation—- "protected work" means— ( a ) any public road or footpath, promenade or open place of resort for the public or for persons engaged in any trade or business and any canal, navigable water, dock, river-wall, sea-wall, pier, oil jetty or reservoir; ( b ) any premises or building or any part thereof used by any person for any purpose whatsoever (whether temporarily or otherwise), any railway or store licensed under the Act for the storage of petroleum or other dangerous substance: ( c ) any premises or building (or a part thereof)— (
2. i)in the occupation of a Minister of the Government, (
3. ii)in the occupation of a proper local or harbour authority, (iii) in the care of the Commissioners of Public Works in Ireland, (
4. iv)in which persons assemble for public worship or educational purposes, (
5. v)used as a hospital or like institution, (
6. vi)used or occupied for the purposes of a factory, office, theatre or cinema, covered market, warehouse or store, other than a store licensed under the Act for the storage of petroleum or other dangerous substance, or (vii) in which persons are accustomed to assemble for any purpose whatsoever, and not located within the boundaries of a store.

(6)In this Regulation— "pipeline" means a pipeline connected or intended to be connected to— ( a ) a storage tank, ( b ) an oil jetty, or ( c ) an oil refinery, and used or intended to be used for the conveying of petroleum to or from a storage tank. 13.

(1)Subject to the requirements of Regulation 15 of these Regulations, every owner of a store shall within 18 months after the commencement of these Regulations submit to the proper authority one ground plan (with four copies) drawn to a scale in metric units of measurement of not less than 1:500 or 1:100 (whichever is acceptable to the proper authority) so marked as to identify clearly— ( a ) the site (including the boundaries, which shall be marked in red) of the store, ( b ) the north point on the plan, ( c ) the location of each existing— (

1. i)above-ground or underground storage tank, (
2. ii)retaining enclosure, (iii) container store or container compound, (
3. iv)loading or unloading location, (
4. v)filling or fuelling location, (
5. vi)pipeline, surface water drainage system including piped water and open drain, (vii) building or similar structure, (viii) road or railway line, (
6. ix)fire main (as may be required), (
7. x)security fence, entrance or exit gate, and the distance from each other.

(2)A ground plan under paragraph

(1)of this Regulation shall be accompanied by— ( a ) one plan and specification or appropriate particulars (with four copies), including suitable drawings or plans, elevations and sections to a scale in metric units of measurement of not less than 1:50 so marked as to show details of the construction and dimensions and manner of installation of each— (

1. i)above-ground storage tank and its foundation, (
2. ii)underground storage tank and its surround and foundation, (iii) container store or container compound, (
3. iv)loading or unloading location, (
4. v)filling or fuelling location, (
5. vi)security fence, entrance or exit gate, (vii) pipeline or where applicable line of rails or rail track, (viii) surface water drainage system outfall point, paved area and oil interceptor, (
6. ix)retaining enclosure and retaining walls, (
7. x)building or similar structure, ( b ) one plan and specification or appropriate particulars (with four copies) so marked as to show all electrical apparatus installed at the store, ( c ) appropriate particulars of— (
8. i)each building or place at the store in or at which any articles, materials or substances (other than petroleum Class II or petroleum Class III), liable to spontaneous combustion or ignition or otherwise flammable or dangerous are kept and their amounts or quantities, (
9. ii)the amount or quantity of petroleum Class II or petroleum Class III kept at the store in each above-ground or underground storage tank, container store or container compound, filling location or where appropriate an auxiliary tank at a loading location, (iii) the nature of the processes or operations carried on at the store and in each building or part thereof, (
10. iv)the maximum number of persons employed or to be employed at the store and where applicable in each building thereat, (
11. v)the fire-fighting installation, appliances, devices, mobile equipment or substances to extinguish or to combat the spread of fire, (
12. vi)the lighting arrangements, and ( d ) any further appropriate particulars, plans, maps or drawings which the proper authority may require in writing. 14.

(1)Without prejudice to Regulation 76 of these Regulations, the layout of every store shall be arranged in such a manner by the licensee or owner as to provide— ( a ) safe and adequate means of access to and egress from the store for tank-vehicle traffic, and ( b ) adequate and suitable parking facilities in a safe location for the exclusive use of tank-vehicles.

(2)Every road or surface area used by tank-vehicles at a store shall— ( a ) be properly constructed and maintained and be capable of withstanding the maximum loads imposed upon it, ( b ) be provided with adequate and suitable means of drainage for surface water, ( c ) be provided with suitable and sufficient means of lighting, and ( d ) be kept free, so far as is practicable, from other stationary vehicles or obstructions likely to interfere with or impede the safe and orderly use thereof by tank-vehicles.

(3)Every road in normal use by tank-vehicles within the boundaries of a store shall, wherever necessary to prevent risk of injury, be adequately signposted, and suitable maximum speed limit notices or conspicuous warning notices shall be clearly visible at appropriate locations along the road-ways or traffic-ways. 15. A licensee or owner of a store or a contractor shall— ( a ) take or cause to be taken all practicable steps necessary to remedy any defect, condition or circumstances likely to cause risk of injury, ( b ) investigate any suspected leakage of petroleum from any storage tank, container or pipeline and at his own expense carry out any tests, examinations, demolition work, alteration or construction required by the proper authority, ( c ) send or cause to be sent to the appropriate fire brigade authority immediate notice of any leakage, suspected leakage or escape of petroleum Class I or petroleum Class II from a storage tank or pipeline connected to such tank and likely to cause risk of injury, ( d ) take all practicable steps to ensure that a person shall not be required to work at any place in connection with the keeping of petroleum at a store if he is liable to be exposed to risk of injury, unless effective measures have been taken and are maintained to ensure his safety, and (e ) ensure, so far as is practicable, that anything which is likely to ignite vapour from petroleum Class I or petroleum Class II is not present in a hazardous area. 16.

(1)Except where otherwise specified in the conditions attached to a licence or permitted in the case of an owner by the proper authority, there shall not be delivered, stored or dispensed at a store— ( a ) commercial butane, ( b ) commercial propane, ( c ) liquefied petroleum gas, ( d ) liquefied natural gas, ( e ) carbide of calcium, or ( f ) any other flammable, explosive or dangerous substance likely to cause risk of injury.

(2)In this Regulation— "commercial butane" means a hydrocarbon mixture consisting mainly of butane or butylene or any mixture containing butane or butylene; "commercial propane" means a hydrocarbon mixture consisting mainly of propane or propylene or any mixture containing propane or propylene; "liquefied petroleum gas" means commercial butane or commercial propane or any mixture containing commercial butane or commercial propane: "liquefied natural gas" means a hydrocarbon mixture consisting mainly of methane from an oil-field source and held in a liquefied state by the application of pressure or refrigeration or pressure and refrigeration. 17.

(1)Subject to Regulation 5

(5)of these Regulations and except as otherwise specified in writing by the proper authority, a licensee or owner shall ensure that petroleum is not kept at a store other than— ( a ) in a leak-proof storage tank, ( b ) in a leak-proof pipeline connected to a storage tank for the purpose of conveying, ( c ) in a leak-proof tank for the purpose of conveyance, ( d ) in a suitable container in a container store or container compound, except when the container is being conveyed, handled or in use in connection with any operation or process at the store, or (e ) in leak-proof fuel tanks of vehicles or engines and subject to such maximum aggregate quantity as may be specified in writing by the proper authority.

(2)Except where a container referred to in paragraph

(1)(d) of this Regulation has been adequately purged or otherwise rendered free of all traces of petroleum (or any residue or vapour of such petroleum), it shall be maintained in a leak-proof condition and securely closed by means of a suitable stopper so as not to allow any leakage or escape of petroleum by evaporation or otherwise except when petroleum is being placed in or being transferred from the container.

(3)The materials constituting a container shall not be liable to suffer deterioration resulting from any reaction (whether chemical or otherwise) with petroleum nor be liable to form harmful or dangerous compounds with such petroleum, and no container other than a metal container shall be used for the keeping of petroleum Class I unless approved of by the licensing authority.

(4)A stopper provided on a container in accordance with the requirements of paragraph

(2)of this Regulation shall be so secured that it will not loosen and shall (together with the container as a whole) be capable of safely withstanding the normal stresses or strains of any handling or pressure likely to be incurred during its normal use at a store.

(5)A container shall not be filled beyond 95 per cent of its capacity.

(6)Without prejudice to paragraphs

(1)and

(2)of this Regulation, petroleum may for the purpose of conveyance be kept in a tank or a container at a store, but any petroleum Class I contained in a tank or container for the purpose of conveyance shall— ( a ) be taken out of the store without undue delay (unless authorised in a condition attached to a licence in relation to loading of tanks or containers at night) following any filling or loading operation connected therewith, ( b ) be unloaded without delay in a safe manner and placed in an above-ground or underground storage tank, container store or container compound as may be appropriate.

(7)A licensee or owner shall take or cause to be taken all necessary steps to prevent the keeping overnight (unless permitted in a condition attached to a licence) of petroleum Class I in a tank.

(8)The maximum aggregate quantity or amount of petroleum to be kept at a store— ( a ) in storage tanks, ( b ) in a container store or container compound, or ( c ) in tanks or containers ( other than containers in a container store or container compound) for the purpose of conveyance, shall not exceed the maximum aggregate quantity or amount specified in writing by the proper authority. 18.

(1)Notwithstanding any other provision of these Regulations, a licensee or owner shall ensure that every above-ground or 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 for which it is used and so installed, pressure-tested, protected and maintained as adequately prevents any leakage of petroleum.

(2)Without prejudice to the requirements of paragraph

(1)of this Regulation, every above-ground or underground storage tank shall— ( a ) be a horizontal cylindrical type with the shell plated circumferentially, and shall consist of dished and flanged ends or, if it is a compartmented tank, shall have each dividing plate which separates compartments dished and flanged, ( b ) conform to the dimensions and capacities set out in Part I of Schedule 4 of these Regulations, and to the dimensions set out in Part II of that Schedule for dished and flanged dividing plates and ends, ( c ) be constructed of good quality carbon steel plate not less than 6 millimetres in nominal thickness with all seams adequately welded throughout, except that— (

1. i)in the case of a tank of not less than 2,500 millimetres internal diameter, the dividing plate separating compartments shall be not less than 8 millimetres in nominal thickness, and (
2. ii)the minimum thickness of a manhole lid or manhole flange to which the lid is secured shall not be less than 10 millimetres, ( d ) be provided with a suitably located manhole which shall be adequately fabricated and, in the case of a tank not exceeding 2,000 millimetres inside diameter, be not less than 460 millimetres diameter and, in the case of a tank exceeding 2,000 millimetres inside diameter, be not less than 600 millimetres diameter, and each separate compartment of such a tank shall also comply with the subparagraph, or be provided with suitable and adequate pipelines and connections for filling, venting, gauging or measuring its contents or removal of its contents, or constructed of approved material and in accordance with approved standards or specifications of the proper authority.

(3)Where a dip-stick is used for measuring the contents of an underground storage tank, the tank shall be provided with a reinforcing pad of steel of adequate surface area and thickness, which shall be properly located and suitably welded to the surface of the bottom of the tank to prevent or mitigate damage to the shell of the tank by the dips-tick.

(4)Every above-ground storage tank shall be adequately and suitably supported and secured in its location.

(5)Unless otherwise specified in writing by the licensing authority, the means of support or devices used in pursuance of paragraph

(4)of this Regulation for securing the tank in its location shall have a fire-resistance of not less than 20 hours.

(6)In relation to an above-ground or underground storage tank manufactured after the commencement of these Regulations, the following particulars shall be permanently and clearly marked on a suitable nameplate attached adjacent to the manhole or stamped on the manhole neck or lid:— ( a ) the number (if any) of the standard or specification to which the tank was manufactured; ( b ) the test pressure (applied by the manufacturer), and the date of the test; ( c ) the nominal capacity in cubic metres or litres of the tank or compartment; ( d ) the manufacturer's name or trade mark; ( e ) the manufacturer's reference number.

(7)A valid, signed and dated copy of a test certificate, recording the results of the pressure test carried out by the manufacturer of an above-ground or underground storage tank, shall be supplied by the licensee or owner to the proper authority before the tank is installed.

(8)For the purposes of enforcing the provisions of these Regulations relating to the inspection, examination, testing or certification of a container, storage tank or pipeline or any part or fitting thereof which is required to be undertaken or carried out pursuant to a requirement of these Regulations, an inspector shall— ( a ) have free and ready access at all reasonable times to those parts of a premises in which the manufacture, testing or maintenance of the container, storage tank or pipeline is carried on, and ( b ) be afforded all reasonable facilities by the owner or occupier of the premises or his agents for the efficient carrying out of his duties.

(9)For the purposes of this Regulation— "nominal thickness" means plus or minus 4 per cent tolerance in the finished thickness of the steel plate. 19.

(1)Unless otherwise specified in writing by the proper authority, a licensee or owner shall ensure that no above-ground or underground storage tank at a store shall have a nominal liquid capacity exceeding— ( a ) in the case of petroleum Class I 60,000 litres, ( b ) in the case of petroleum Class II 90,000 litres.

(2)A licensee or owner shall ensure that the ullage of an above-ground or underground storage tank or separate compartment thereof shall— ( a ) be not less than 5 per cent in the case of a nominal capacity not exceeding 20,000 litres, and ( b ) be not less than 4 per cent in the case of a nominal capacity exceeding 20,000 litres. 20.

(1)Subject to any conditions attached to a licence or any requirement in writing by the proper authority, a licensee or owner shall ensure that an underground storage tank shall— ( a ) be located outside the retaining enclosure of any above-ground storage tank or a vertical storage tank used for the storage of petroleum and not be, in the case of a tank containing petroleum Class I or petroleum Class II, within or underneath a building, ( b ) be separated from every other underground storage tank by a distance of not less than 150 millimetres, ( c ) be installed below ground, ( d ) except for a manhole opening, be surrounded or encased in a suitable and adequate manner on all outer surfaces by concrete not less than 15 millimetres in thickness, be placed in a suitable and adequate liquid-tight chamber— (

1. i)the wall surround and floor of which shall be constructed of concrete not less than 150 millimetres in thickness, (
2. ii)the vertical wall surround of which above floor level shall exceed in height the diameter of the tank outer shell by not less than 0.30 metres, and, ( e ) except for any manhole opening, be completely surrounded by non-corrosive clean washed sand not less than 150 millimetres in thickness, ( f ) in the case of a manhole— (
3. i)be in the open air, (
4. ii)be enclosed in a suitable inspection chamber of concrete of adequate construction, the walls of which shall not be less than 150 millimetres in thickness, and (iii) be provided with a suitable cover of adequate strength and construction which shall be so arranged or fitted as to prevent the ingress of surface water or other liquid to the manhole chamber.

(2)Where for reasons acceptable to the proper authority the requirements of paragraphs

(1)(d), or

(1)(e) or

(1)(f) this Regulation cannot be observed, an underground tank shall— ( a ) be installed below the surrounding ground level in a firm non-corrosive foundation, ( b ) be surrounded on the outer surface of the shell, except for a manhole opening, by not less than 150 millimetres in thickness of well-tamped in place non-corrosive, inert clean washed sand, and ( c ) be covered by not less than 0.6 metres in thickness of adequately tamped earth or other suitable material.

(3)A licensee or owner shall ensure that petroleum shall not be kept in a mounded storage tank unless— ( a ) by reason of solid rock substratum or for any other reason acceptable to the proper authority, it is not practicable to comply with the requirements of paragraph

(1)(

1. c)of this Regulation, ( b ) at least 75 per cent of the mass of the mounded tank is below ground level, ( c ) there is not less than— (
2. i)150 millimetres in thickness of well-tamped in place non-corrosive inert clean washed sand next to or surrounding the outer surface, except the manhole opening, of the tank, (
3. ii)0.6 metres in thickness of adequately tamped in place earth cover or other suitable material next to the sand surround and extending for not less than 0.30 metres in all directions beyond the outline in plan of the tank, and ( d ) authorised in writing by the proper authority.

(4)Except for a mounded tank under paragraph

(3)of this Regulation, the manhole lid of an underground tank installed in pursuance of paragraph

(1)(d)

(1)(e) or

(1)(f) of this Regulation shall be not less than 0.50 metres below ground level, and the manhole lid of an underground tank installed in pursuance of paragraph

(2)of this Regulation shall not be less than 0.80 metres below ground level.

(5)The ground above or surrounding the surface of every underground storage tank and underground pipeline connected thereto shall where necessary be adequately reinforced to an appropriate extent in depth and surface area to prevent risk of damage or injury to the tank or pipeline from any loads likely to be imposed upon it.

(6)Without prejudice to paragraph

(5)of this Regulation, and unless otherwise specified in writing by the proper authority where an underground storage tank is likely to be subjected to loads from vehicular traffic the area above or surrounding the tank shall be provided with a layer of not less than 0.16 metres in thickness of adequately reinforced concrete— ( a ) set on a properly tamped foundation of suitable non-corrosive materials, and ( b ) extending for an adequate distance in all directions beyond the extremities of the tank.

(7)Without prejudice to any other requirements of those Regulations due precautions shall be taken— (

1. i)to exclude water or other liquid from the chamber or enclosure surrounding an underground tank, and, (
2. ii)to securely anchor the tank against flotation.

(8)In this Regulation "concrete" means concrete adequately compacted and comprising one part of Portland cement (sulphate-resisting where necessary) two parts of dry, clean, sharp sand graded to pass 5 millimetres mesh and four parts of clean gravel or crushed stone graded to pass 20 millimetres mesh, or other concrete to a specification approved of in writing by the proper authority. 21.

(1)Unless otherwise specified in writing by the proper authority, a licensee or owner shall ensure that every above-ground or underground storage tank or separate compartment of such a tank containing petroleum Class I or petroleum Class II is separately vented to atmosphere by means of a suitable ventilating pipe— ( a ) in the case of a distribution store, not less than 1.5 metres from the boundary of a store, unless there is provided an adequate intervening screen wall extending from ground level upwards and for a distance in all directions of not less than 1.5 metres beyond the discharge outlet or orifice of the ventilating point, ( b ) in the case of a manhole filling opening or ventilating pipe outlet opening of a tank containing petroleum Class I, located not less than 15 metres from any part of the outer boundary of a major distribution store, ( c ) in the case of a manhole filling opening or ventilating pipe outlet opening of a tank containing petroleum Class II, located not less than 6 metres from any part of the outer boundary of a major distribution store, ( d ) which permits the free escape to the atmosphere of air or vapour from the storage tank or compartment, the nominal internal diameter of the pipe being not less than 40 millimetres and sufficient to permit the free escape of air or vapour to the atmosphere when the storage tank or separate compartment is being filled at its safe maximum intake capacity, ( e ) which projects inside the tank or compartment thereof for a distance not exceeding 25 millimetres, ( f ) which prevents the collection or retention of rainwater or other liquid in the pipe, ( g ) located so that its outlet or orifice to atmosphere terminates in the open air— (i) not less than 4 metres above the surrounding ground level, (ii) not less than 20 millimetres higher than the level of petroleum Class I or petroleum Class II in the tank of a tank-vehicle or rail tank wagon in its standing position whilst delivering that class of petroleum at a store, (iii) not less than 6 metres measured horizontally from a dispensing pump, (iv) in such a position that any fume or vapour emitted from the pipe discharges upwards and cannot be trapped under eaves or other obstructions or buildings or enter or be drawn into any building or structure or confined space by means of an air intake opening, opening window, door or other opening, (v) not less than a vertical distance of 1.50 metres from any opening or entry to a basement or other area below ground level, and (vi) provided with an effective corrosion-resistant and flame-arresting device incorporating a weatherproof hood to prevent leaves, dirt, rain or other matter gaining access to the ventilating pipe, the effective air outlet openings of the device or hood being not less than the internal diameter of the pipe and being maintained free of dirt.

(2)Every ventilating pipe required under paragraph

(1)of this Regulation shall be so supported and protected as not to be liable to foreseeable physical or mechanical damage.

(3)A licensee or owner shall ensure that all practicable steps shall be taken to prevent air locks within an above-ground or underground storage tank or separate compartment used for the keeping of petroleum Class I or petroleum Class II. 22.

(1)A licensee or owner shall ensure that a pipeline connected to or to be connected to an above-ground or underground storage tank shall not be covered over or encased or surrounded by concrete or any other material unless subjected to an hydraulic pressure test of not less than 0.70 bar, which shall be maintained during such period of time as is necessary to enable a thorough examination to be made of the pipeline for leakage or seepage.

(2)Due precautions shall be taken by a licensee or owner to ensure that, before an above-ground or underground storage tank or separate compartment of such a tank is pressure-tested, it is thoroughly cleaned internally of all dirt and loose matter.

(3)Unless otherwise specified in writing by the proper authority, after— ( a ) an above-ground storage tank has been located in its permanent position, or ( b ) an underground storage tank has been lowered into its excavation and before it is surrounded by concrete, sand, earth or other material, a licensee or owner shall ensure that it, (and any separate compartment) shall be subjected to an hydraulic pressure-test measured at the top of the tank or compartment at 0.70 bar, which shall be maintained during such period of time as is necessary to enable a thorough examination to be made of the tank for leakage, seepage or undue distortion.

(4)A licensee or owner shall ensure that an above-ground or underground storage tank or separate compartment of such a tank or a pipeline connected thereto shall— ( a ) withstand the appropriate test pressure required to be carried out under paragraphs

(1)and

(3)of this Regulation without undue distortion or any leakage or seepage, and ( b ) in the case of a compartmented tank, be pressure-tested in respect of each compartment separately with any adjacent compartment empty and at atmospheric pressure.

(5)An above-ground or underground storage tank or separate compartment or pipeline connected thereto shall, following the carrying out of any repairs to remedy defects found during a pressure-test, be re-tested in accordance with paragraphs

(1)and

(3)of this Regulation.

(6)A pressure-test and examination under paragraphs

(1)and

(3)of this Regulation shall be carried out by a competent person and be witnessed by and carried out to the satisfaction of the proper authority, and a report (in a form approved by the proper authority) of the pressure-test and examination shall be retained by the licensee or owner of a store and kept available for inspection until such time as the tank or pipeline is permanently taken out of service. 23.

(1)Notwithstanding any other provision of these Regulations, a licensee or owner shall ensure that every vertical storage tank shall— ( a ) be of suitable design, good construction, sound material and adequate strength for the purpose for which it is used, and so installed, tested, protected and maintained as adequately to prevent any leakage or escape of petroleum. ( b ) be adequately and suitably supported on a firm foundation designed and constructed in accordance with sound engineering practice so as to ensure— (

1. i)that the tank is maintained in a true vertical position, (
2. ii)that the foundation can withstand without undue settlement the load or weight of the filled tank or any additional loading likely to affect it under normal operating conditions, and (iii) the adequate stability and safety of the tank under any service or climatic conditions likely to be encountered.

(2)Subject to paragraph

(1)of this Regulation, every vertical storage tank shall— ( a ) be designed, constructed and tested in accordance with British Standard 2654; 1973 ("Specification for Vertical Steel Welded Storage Tanks with Butt-welded Shell for the Petroleum Industry"), or ( b ) be designed, constructed and tested in accordance with such equivalent standards or specifications approved by— (i) the Minister, in the case of a tank in the ownership of a proper authority, or (ii) the proper authority, in any other case.

(3)Due precautions shall be taken by a licensee or owner to ensure that before a vertical storage tank is pressure-tested it is thoroughly cleaned internally of all dirt and loose matter. 24.

(1)A licensee or owner shall ensure that every vertical storage tank shall where necessary be provided with suitable and sufficient means— ( a ) capable of preventing any accumulation of pressure or vacuum exceeding the designed conditions as specified for the tank, and ( b ) of emergency pressure relief to prevent or to relieve abnormal or excessive pressure that may occur within the tank under fire exposure conditions.

(2)Subject to paragraph

(1)of this Regulation the venting capacity of a vertical storage tank shall— ( a ) be suitable and adequate to secure the safety of the tank under all normal conditions connected with its use including filling or emptying operations or ambient temperature changes, and ( b ) be in accordance with any requirements of the proper authority.

(3)Where a pressure or vacuum type breather valve or comparable venting device is fitted to a vertical storage tank— ( a ) suitable means shall be provided to prevent, so far as is reasonably practicable, the ingress of birds, and ( b ) it shall normally remain closed except when in operation for pressure or vacuum release.

(4)Where a free or an unrestricted venting device is provided or fitted to a fixed roof vertical storage tank, the opening of the venting device to atmosphere shall— ( a ) be provided with a suitable corrosion-resistant device to prevent the ingress of birds, dirt or other matter, ( b ) be provided with a suitable corrosion-resistant and flame-arresting device if required by the proper authority. and any such device shall be properly maintained in a clean state and free from defect,

(5)A licensee or owner shall ensure that every venting device provided on a vertical storage tank shall be so located as to secure the safe and efficient dispersal of vapour likely to be emitted from the tank. 25.

(1)A licensee or owner shall ensure that— ( a ) the roof of every vertical storage tank is properly maintained and capable at all times of safely supporting any person or persons likely to go on to the roof in connection with the storage of petroleum in the tank, ( b ) safe means of access and egress are provided for any person or persons likely to go on to any part of the roof of the tank in connection with the storage of petroleum in the tank and, where a dangerous concentration of vapours is likely to be present on the roof area, suitable personal protective breathing apparatus is provided for each such person.

(2)Without prejudice to the requirements of paragraph

(1)of this Regulation, a licensee or owner shall ensure that— ( a ) every vertical storage tank exceeding 4.5 metres in height shall be provided with a fixed stairway leading directly to the roof of the tank or to an inter-connecting gangway spanning the distance between any adjacent vertical storage tank, ( b ) every fixed stairway referred to in paragraph (

1. a)of this paragraph shall be secured at an angle not exceeding to the horizontal plane 45° and provided with a suitable platform at its upper end, ( c ) every stairway or gangway— (
2. i)shall be of metallic construction and the minimum clear walking space is not less than 600 millimetres, (
3. ii)shall be provided with suitable treads of a non-slip type with a minimum width of 200 millimetres measured at the length of the tread and the rise of the tread is not to exceed 200 millimetres, (iii) shall be capable of supporting a superimposed load of not less than 2.4KN/m2 and also the wind loadings specified for the design of the shell of the storage tank, and (
4. iv)where a vertical rise of the stairway exceeds 6 metres, shall be provided with a suitable intermediate landing, ( d ) every vertical storage tank gangway which extends from one part of the tank to any part of an adjacent tank or to the ground or other structure shall be so supported as to permit free relative movement of the structures joined by or connected to the gangway, ( e ) a suitable top handrail and bottom rail of solid steel construction designed to protect a person from falling or slipping shall be provided— (
5. i)on both sides of a gangway or stairway of a vertical storage tank, and (
6. ii)on a circular or spiral stairway of a vertical storage tank where the distance between the tank shell and the inner stringer exceeds 200 millimetres and at breaks in the handrail, the space, if any, between the tank and a stairway or gangway platform is floored if the space exceeds 150 millimetres in width, ( f ) where access or egress is required for operational purposes to fittings at or near to the centre of the roof of a vertical storage tank suitable handrailing and non-slip treads are provided, ( g ) every top handrail or bottom rail and every hand railing provided under subparagraphs (
7. e)and (
8. f)of this paragraph, shall in respect of the top handrail or handrailing be positioned at a height of not more than 1.20 metres and not less than 0.950 metres above the walking surface and that the height of the bottom rail above the walking surface shall not exceed 0.30 metres, ( h ) every ladder used for access to or egress from the roof of a vertical storage tank not exceeding 4.5 metres in height is—- (
9. i)of steel construction and adequate strength and width for the purpose for which it is used, (
10. ii)terminated in a suitable landing or platform provided for access to the roof, (iii) properly secured or fixed to the shell of the tank, and (
11. iv)if it exceeds 4 metres in vertical height provided with a suitable safety cage. 26. Unless otherwise specified in writing by the proper authority, alicensee or owner of a store shall— ( a ) ensure that every storage tank at a store is permanently and clearly marked with or suitably identified by a number easily located for operational purposes, ( b ) ensure, subject to paragraph (
12. a)of this Regulation, that where there is more than one storage tank or compartmented tank for the storage of petroleum at a store, the number on each tank or separate compartment is arranged as to enable each tank or compartment to be readily identified, ( c ) ensure that every storage tank (or, where such a tank is divided into two or more separate compartments, every such compartment) is provided with an effective device or means for measuring the quantity of petroleum in the tank or separate compartment, and that every such device or means is accurately calibrated and clearly marked so as to be readily identifiable with its respective tank or separate compartment and, where the measuring device is a dip-stick used in connection with the storage of petroleum Class I or petroleum Class II, that it is incapable of causing a spark when brought into contact with the tank or its fittings and is maintained free from defect, ( d ) ensure that the upper end of each dipping and filling pipe connected through the manhole lid of an underground storage tank or separate compartment of such a tank or dipping opening of an above-ground storage tank is clearly marked so as to be readily identifiable with the distinguishing number or letter marked on the tank or (as the case may
13. be)on the separate compartment, ( e ) (
14. i)ensure that, where the method of filling an underground storage tank (or separate compartment of such a tank) is by means of a filling pipe leading from the tank or separate compartment to a filling point not situated on, or immediately adjacent to, the tank itself, the filling pipe at its intake end is clearly marked as to be readily identifiable with the distinguishing number marked on the tank or separate compartment and adequately enclosed or surrounded so as to exclude water, rain, wet or other liquid and to prevent, where necessary, access to the filling pipe by an unauthorised person; or (
15. ii)provide suitable and adequate high level alarm devices on each vertical storage tank, the alarm device being so arranged or connected as to be easily heard by the authorised person in charge of the filling of the tank, ( f ) provide on each vertical storage tank an efficient automatic level indicator so designed as to enable a person to easily determine the amount of petroleum in the tank, ( g ) ensure that a storage tank is not filled beyond the rated capacity of the tank, ( h ) ensure that a storage tank containing petroleum Class III which has means of heating the petroleum in the tank is provided where necessary with— (
16. i)suitable devices capable at all times of preventing overheating of the petroleum in the tank, (
17. ii)suitable automatic alarm devices capable at all times of giving an adequate alarm in case of danger of fire from overheating the petroleum in the tank. 27.

(1)Without prejudice to the requirements of Regulations 18

(1), 24

(1)and 35

(1)of these Regulations, a licensee, owner or contractor shall, so far as is practicable, ensure that all control valves or devices for controlling or regulating the safe keeping of petroleum in a storage tank or the safe conveying in a pipeline of such petroleum to or from a storage tank are inspected and, where necessary, tested in an adequate manner by a competent person for effectiveness and reliability at least once in every 12 months, and that a report signed and dated by that competent person of the inspection and test is retained by the licensee, owner or contractor and kept available for inspection for a period of not less than 2 years.

(2)Any fault or defect likely to infringe a requirement of these Regulations and which is discovered in pursuance of an inspection or test carried out under paragraph

(1)of this Regulation shall be remedied by the licensee, owner or contractor— ( a ) forthwith, if there is, because of such fault or defect, risk of injury, and ( b ) in any other case, without undue delay. 28.

(1)A licensee or owner shall ensure that every vertical storage tank used for the storage of petroleum Class I or petroleum Class II is adequately earthed and has attached a suitable and adequate earthing connection unless, by reason of the construction or the position of the tank or otherwise, the proper authority considers such a connection unnecessary.

(2)A licensee or owner shall ensure that the earthing connection and any device or other lightning protective system associated with it shall be provided by the licensee or owner of a store and maintained in an efficient state and be thoroughly examined by a competent person at intervals not exceeding 18 months and that that competent person makes a report in writing to the licensee or the owner of each examination, the report to be kept available for inspection for a period of not less than 3 years. 29. Whenever there is leakage, or reasonable cause to suspect leakage, of petroleum from a storage tank or pipeline, the licensee, owner or contractor shall take all practicable steps to determine the cause of and to prevent the leakage, and shall comply with any requirement or instructions specified by the appropriate fire brigade authority for preventing risk of injury and for keeping a continuous check on the contents of the tank or pipeline. 30.

(1)A licensee or owner shall ensure that the layout of storage tanks and the distances or spacings between vertical storage tanks, above-ground storage tanks, underground storage tanks or any grouping or combination of grouping of such tanks and the distances or spacings between such tanks and a filling location, fuelling location, loading or unloading location, container store, container compound, building, any non-hazardous area or source of ignition or any part of the outer boundary of the store, are adequate to prevent risk of injury.

(2)Without prejudice to paragraph

(1)of this Regulation and subject to any condition attached to a licence or to any requirement in writing by a proper authority or an appropriate fire brigade authority, the requirements of paragraphs

(3)to

(9)of this Regulation shall be observed by a licensee or owner in connection with the location of vertical storage tanks used or intended to be used for the storage of petroleum at a major distribution store.

(3)In the case of a group of fixed roof storage tanks containing petroleum Class I, petroleum Class II

(2)or petroleum Class III

(2), the distances between— ( a ) the group of storage tanks and any other group of storage tanks, ( b ) the group of storage tanks and any storage tank containing petroleum Class I, petroleum Class II or petroleum Class III

(2)not included in that group, ( c ) any storage tank in the group of tanks and any filling location, fuelling location, loading or unloading location, container store or container compound or building within the boundary of the store, ( d ) any storage tank in the group of tanks and any part of the outer boundary of the store, ( e ) any non-hazardous area or source of ignition, shall not be less than 15 metres.

(4)In the case of a fixed roof storage tank containing petroleum Class I, petroleum Class II

(2)or petroleum Class III

(2)( other than a fixed roof storage tank in a group of tanks referred to in paragraph

(3)of this Regulation) the distance between— ( a ) the storage tank and any other fixed roof storage tank containing petroleum Class I, petroleum Class II or petroleum Class III

(2)shall not be less than— (

1. i)half the diameter of the larger tank or 15 metres whichever is less, or (
2. ii)the diameter of the smaller tank, but in no case shall the distance between tanks be less than 10 metres, ( b ) the storage tank and— (
3. i)a filling location, fuelling location, loading or unloading location or building within the boundary of the store, (
4. ii)a container store, container compound or any part of the outer boundary of the store, (iii) any non-hazardous area or source of ignition, shall not be less than 15 metres.

(5)In the case of a floating roof storage tank containing petroleum Class I, petroleum Class II

(2)or petroleum Class III

(2), the distance between— ( a ) a floating roof storage tank and every other floating roof storage tank containing petroleum Class I, petroleum Class II or petroleum Class III

(2), shall not be less than— (

1. i)10 metres for storage tanks not exceeding 45 metres in diameter, and (
2. ii)15 metres for storage tanks exceeding 45 metres in diameter, ( b ) a floating roof storage tank containing petroleum Class I, petroleum Class II

(2)or petroleum Class III

(2)and a fixed roof vertical storage tank containing petroleum Class I, petroleum Class II or petroleum Class III

(2)shall not be less than— (

1. i)half the diameter of the larger tank or 15 metres whichever is less, or (
2. ii)the diameter of the smaller tank but in no case shall the distance between tanks be less than 10 metres, ( c ) the storage tank and any filling location, fuelling location, loading or unloading location, container store or container compound, shall not be less than 10 metres, ( d ) the storage tank and— (
3. i)any part of the outer boundary of a store, (
4. ii)any non-hazardous area or source of ignition shall not be less than 15 metres.

(6)In the case of a vertical storage tank containing petroleum Class II

(1)not included in a group of tanks referred to in paragraph

(3)of this Regulation the distance between— ( a ) the storage tank and any part of the outer boundary of a store shall not be less than 10 metres, ( b ) the storage tank and— (

1. i)a filling location, fuelling location, loading or unloading location or building within the boundary of the store, (
2. ii)a container store or container compound, (iii) any non-hazardous area or source of ignition, shall not be less than 6 metres.

(7)In the case of a vertical storage tank containing petroleum Class III

(1)not included in a group of tanks referred to in paragraph

(3)of this Regulation, the distance between the tank and any part of the outer boundary of a store shall not be less than 6 metres.

(8)In the case of a vertical storage tank exceeding 18 metres in height the distances specified in paragraphs

(5)and

(6)of this Regulation shall be increased, in a ratio proportionate to the height of the storage tank, to such an extent as may be directed in writing by the proper authority.

(9)The distance between— ( a ) fixed roof storage tanks in a group of tanks referred to in paragraph

(3)of this Regulation, ( b ) vertical storage tanks referred to in paragraph

(6)and

(7)of this Regulation, and ( c ) above-ground storage tanks and between above-ground storage tanks and vertical storage tanks, shall be capable of affording to any person safe and sufficient means of access and egress for the proper operation, inspection, maintenance or protection of the tanks or their attachments or fittings and be in addition adequate to ensure, where necessary, efficient pipeline connections.

(10)Without prejudice to paragraph

(1)of this Regulation and subject to any condition attached to a licence or to any requirement in writing by a proper authority or an appropriate fire brigade authority, the requirements of paragraphs

(11)to

(14)of this Regulation shall be observed by a licensee or owner in connection with the location of vertical storage tanks or above-ground storage tanks used or intended to be used for the storage of petroleum at a distribution store.

(11)In the case of a vertical storage tank exceeding 10 metres in diameter or 14 metres in height containing petroleum Class I, petroleum Class II

(2)or petroleum Class III

(2), the distance between the storage tank and any other vertical storage tank containing petroleum Class I, petroleum Class II or petroleum Class III

(2)of equivalent dimensions shall not be less than— ( a ) half the diameter of the larger tank or 15 metres whichever is less, or ( b ) the diameter of the smaller tank, but in no case shall the distance between tanks be less than 10 metres.

(12)In the case of a vertical storage tank or an above-ground storage tank containing petroleum Class I, petroleum Class II

(2)or petroleum Class III

(2), the distance between— ( a ) the storage tank and— (

1. i)a filling location, fuelling location, loading or unloading location or building within the boundary of the store, (
2. ii)a container store, container compound or any part of the outer boundary of the store, (iii) any non-hazardous area or source of ignition, shall not be less than 15 metres, but where a storage tank has a liquid capacity not exceeding 45 cubic metres, the distance may, (subject to there being no foreseeable risk of injury involving ignition, fire or explosion), be not less than 6 metres.

(13)In the case of an above-ground storage tank or vertical storage tank containing petroleum Class II

(1), the distance between the storage tank and— ( a ) a filling location, fuelling location, loading or unloading location or building within the boundary of the store, ( b ) a container store, container compound or any part of the outer boundary of the store, ( c ) any non-hazardous area or source of ignition shall not be less than 6 metres.

(14)In the case of a vertical storage tank not exceeding 10 metres in diameter or 14 metres in height or an above-ground storage tank, the distance between the storage tank and any other storage tank of equivalent dimensions shall be governed by constructural and operational conditions and shall— ( a ) be adequate to prevent risk of injury involving ignition, fire or explosion, ( b ) be capable of affording, as far as practicable, to any person safe and sufficient means of access and egress for the proper operation, inspection, maintenance or protection of the tanks or their attachments or fittings, and ( c ) be adequate to ensure, where necessary, safe and efficient pipeline connections.

(15)In this Regulation— "a group of storage tanks" means a group of fixed roof storage tanks or above-ground storage tanks or a combination of both such tanks— (

1. i)of which no tank in the group exceeds 10 metres in diameter or exceeds 14 metres in height, and (
2. ii)with an aggregate capacity not exceeding 8,000 cubic metres; "distance between" means the safety distance or spacing measured from or to the nearest point of the perimeter of the storage tank shell, filling location, loading or unloading location, container store, container compound, building, any non-hazardous area or source of ignition or any part of the outer boundary of a store. 31.

(1)Subject to paragraph

(11)of this Regulation, all practicable steps shall be taken by a licensee or owner to ensure that every vertical storage tank or above-ground storage tank used or intended to be used for the storage of petroleum Class I, petroleum Class II and petroleum Class III

(2)is located in a retaining enclosure completely surrounded by a main retaining wall.

(2)Without prejudice to paragraph

(1)of this Regulation and subject to any condition attached to a licence or a requirement in writing by the proper authority or the appropriate fire brigade authority, the requirements specified in paragraphs

(3)to

(10)of this Regulation shall be observed by a licensee or owner in connection with a retaining enclosure for above-ground storage tanks or vertical storage tanks.

(3)Every above-ground storage tank or vertical storage tank, shall be located in an enclosure completely surrounded by a main retaining wall which shall be— ( a ) at a distance not exceeding 15 metres from the shell of a fixed roof storage tank, ( b ) at a distance not exceeding 30 metres from the shell of a floating roof storage tank, ( c ) at a distance of not less than 4.5 metres from the shell of a vertical storage tank whether or not a fixed roof or floating roof type, and ( d ) provided, where appropriate or in such manner as may be specified in writing by the appropriate fire brigade authority, with suitable means to afford protection to persons engaged in fire-fighting at the store.

(4)Every retaining enclosure under paragraph

(1)of this Regulation shall— ( a ) be designed, constructed and constantly maintained so as to adequately— (

1. i)prevent escape or leakage of petroleum and the spread of fire, (
2. ii)resist, as far as is practicable, undue seepage or absorption into the ground of petroleum, ( b ) be kept free, so far as is reasonably practicable, of debris, surface water, vegetation, waste or combustible materials or substances, and ( c ) be used exclusively for the storage tank or tanks and necessary pipelines, fittings or apparatus installed or used in connection therewith.

(5)Subject to paragraph

(5)of this Regulation, the liquid capacity of a retaining enclosure shall, ( a ) where the number of storage tanks located within the enclosure does not exceed one, be not less than the maximum liquid capacity of the single storage tank but excluding the capacity of the tank (less 10 per cent) up to the level of the main retaining wall, and ( b ) where the number of such tanks exceeds one, be not less than the maximum capacity of the largest storage tank within the enclosure, less the aggregate liquid capacity of any other storage tanks up to the level of the main retaining wall and less the volume of any intermediate retaining walls located within the enclosure.

(6)The aggregate capacity of a group of tanks located within a retaining enclosure shall— ( a ) not exceed 60,000 cubic metres in the case of above-ground storage tanks or fixed roof storage tanks, and ( b ) not exceed 120,000 cubic metres in the case of floating roof storage tanks unless permitted in writing by the proper authority.

(7)Without prejudice to paragraphs

(3)and

(4)of this Regulation, where there is more than one storage tank located within a retaining enclosure, a suitable intermediate retaining wall or walls of a lesser height than the main retaining wall shall be provided by the licensee or owner wherever required in writing by the proper authority to prevent spread of fire or escape of petroleum.

(8)A licensee or owner shall ensure that the total surface area— ( a ) of any one intermediate retaining enclosure, ( b ) of any retaining enclosure if no intermediate retaining walls are provided, shall not exceed 9,000 square metres, excluding the surface area in plan of the above-ground storage tank or vertical storage tank or group of such tanks within the intermediate retaining enclosure or retaining enclosure.

(9)A licensee or owner shall ensure that every main retaining wall or intermediate retaining wall shall be of good design, adequate strength and construction and constantly maintained to prevent the escape, leakage or seepage of the quantity of petroleum which the wall is designed to retain within the enclosure surrounded by it.

(10)A licensee or owner shall ensure that, without prejudice to paragraph

(9)of this Regulation, a main retaining wall or an intermediate retaining wall shall— ( a ) be constructed of brick, concrete, masonry, steel, earth or other suitable material, ( b ) be of appropriate height and in accordance with good engineering safety practice to prevent the escape or spillage of petroleum and spread of fire, and ( c ) be adequately fire resisting.

(11)The requirements of paragraphs

(3)to

(10)of this Regulation shall not apply where the proper authority has given written approval for the above-ground storage tank or vertical storage tank to be so installed or located that, in the event of failure of the tank or escape of petroleum from it, the petroleum would be safely conveyed to a suitable compound or basin from which the petroleum could not escape or present a risk of injury.

(12)For the purposes of this Regulation— ( a ) "intermediate retaining wall" means an intermediate retaining wall or fire wall surrounding or enclosing above-ground storage tanks or vertical storage tanks or a group of such tanks and wholly located within and enclosed by a main retaining wall; ( b ) "intermediate retaining enclosure" means an enclosure surrounded by or enclosed by an intermediate retaining wall wholly located within a retaining enclosure. 32.

(1)A licensee or owner shall ensure that the surface area of the ground within a retaining enclosure shall— ( a ) be properly designed and graded for draining off to an oil interceptor or interceptors storm water or surface water likely to be contaminated by petroleum, and any spillage, leakage or outflow of petroleum from a storage tank or pipeline connected thereto, and ( b ) be provided at its outlet with a suitable valve or other device located outside the retaining enclosure for draining off water, the valve or device being capable of being closed or shut off and locked to prevent the outflow of water except when operated by an authorised person.

(2)A licensee or owner shall ensure that an oil interceptor under paragraph

(1)of this Regulation is— ( a ) not, except with the permission in writing of the proper authority, located within a retaining enclosure, ( b ) kept in efficient working order and free from any undue accumulation of waste or solids or other foreign matter likely to interfere with its effectiveness. 33. There shall be provided and maintained by the licensee or owner of a store suitable means for securing for authorised persons safe access to and egress from a retaining enclosure surrounded by a retaining wall exceeding one metre in height. 34.

(1)Subject to any condition attached to a licence or to any requirement in writing by a proper authority, the distances specified in paragraphs

(2)to

(5)of this Regulation shall be observed by a licensee or owner in connection with the location of a filling location, loading or unloading location, fuelling location, container store, container compound used or intended to be used for any operation, process or storage involving petroleum Class I or petroleum Class II at a store.

(2)The distance between any part of an outer boundary of a store and— ( a ) a loading or unloading location, ( b ) a filling location, ( c ) a fuelling location, or ( d ) any non-hazardous area or source of ignition, shall not be less than 15 metres in the case of petroleum Class I and not less than 10 metres in the case of petroleum Class II.

(3)The distance between any part of an outer boundary of a store and— ( a ) an opening of a container store, ( b ) a container compound, shall not be less than 7 metres.

(4)The distance between a loading or unloading location, and— ( a ) a filling location, ( b ) a container store, ( c ) a container compound, or ( d ) a pumphouse, shall not be less than 7 metres.

(5)The distance between a fuelling location and a filling location or any part of the main wall of a retaining enclosure shall not be less than 7 metres.

(6)The distance between a fuelling location and a container store or container compound shall not be less than 5 metres.

(7)A licensee or owner shall ensure that an office or administrative building, workshop, garage, or store for spare parts or equipment is not located in a hazardous area at a store. 35.

(1)Notwithstanding any other provision of these Regulations and unless otherwise specified in writing by the proper authority, a licensee, owner or contractor shall take all practicable steps to ensure that every pipeline is of suitable design, of good quality steel construction (except for any appropriate non-metallic devices, fittings, attachments, gaskets or jointing) and of adequate strength for the purpose for which it is used and is so located, installed, supported, tested, protected and maintained as adequately to prevent any leakage or escape of petroleum.

(2)Without prejudice to paragraph

(1)of this Regulation a pipeline shall— ( a ) be capable of safely accommodating any loading, vibration, expansion, contraction and flexure to which it is likely to be subjected in normal use, ( b ) be capable of safely withstanding the maximum working pressure (whether internal or external) to which it is likely to be subjected in normal use, ( c ) be provided with adequate and suitable means to ensure that during its use the internal pressure at any point, part or section of the pipeline shall not exceed its internal design pressure by more than 10 per cent, ( d ) not contain any flanges other than those required in accordance with sound engineering practice and design, ( e ) not contain any material which is liable to suffer deterioration resulting from any reaction (whether chemical or otherwise) with the petroleum conveyed in the pipeline, ( f ) not contain any dissimilar metals likely to affect the integrity of the pipeline whether under fire-exposure conditions or otherwise, ( g ) except for any necessary hose assemblies, flanges, fittings, attachments, control devices or similar connections, be of adequate welded construction at all joints, ( h ) where installed above ground and running adjacent to any road or place used by vehicles, be adequately protected by suitable kerbs and suitably spaced robust barriers or other effective devices or means, ( i ) where permanently installed as a run of pipelines in an open trench adjacent to a road or place used by the public for vehicles or adjacent to a store or building, be provided with any suitable barriers across pipeline trenches to prevent or to retard the spread of flame or fire as required in writing by the fire brigade authority, ( j ) where laid above ground on supports or such anchorage, have supports or means of anchorage with a fire-resistance of not less than 2 hours unless otherwise specified in writing by the appropriate fire brigade authority, ( k ) where used for the conveying of petroleum Class I or petroleum Class II, be (where necessary to prevent danger) properly bonded electrically across all flanges and connections and adequately earthed, and ( l ) in relation to tie-in welds or other major welds be subjected by a competent person to suitable non-destructive testing carried out in accordance with sound engineering practice to establish the quality or soundness of the weld. 36.

(1)A licensee, owner or contractor shall ensure that a pipeline connected to or to be connected to a vertical storage tank shall— ( a ) not be covered over or encased or used unless subjected over its entire length to a hydrostatic pressure-test of not less than 1½ times its maximum working pressure which shall be maintained during 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 ) withstand the appropriate pressure-test required to be carried out under subparagraph (a) of this paragraph without distortion, leakage or seepage, ( c ) be re-tested in accordance with subparagraph (a) of this paragraph following the carrying out of any repairs to remedy defects found during a pressure-test, and if there is reasonable cause to suspect the soundness of the pipeline and the test is necessary to determine possible defects.

(2)A pressure-test and examination under paragraph

(1)of this Regulation shall be carried out in accordance with sound engineering practice by a competent person, and an appropriate report (signed and dated) of the pressure-test shall be retained by the licensee, owner or contractor and kept available for inspection for a period of not less than 5 years or until the pipeline is permanently taken out of service.

(3)Where a proper authority suspects the soundness of a pipeline under paragraph

(1)(c) of this Regulation and so notifies a licensee, owner or contractor, he shall arrange to have the pipeline re-tested in accordance with any written requirements of the authority.

(4)Notwithstanding any other requirement of these Regulations, a licensee, owner or contractor shall, if required in writing by the proper authority, provide in accordance with sound engineering practice additional control or measuring devices on a pipeline where the authority has reasonable grounds for believing that the provision of any such control or measuring device would assist in preventing risk of injury.

1. A licensee, owner or contractor shall ensure that— ( a ) every pipeline and control valve of such pipeline is suitably marked in a distinctive manner 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 connnected to a vertical storage tank is subjected to any necessary internal cleaning or pigging so as to secure the safe conveying in the pipeline of petroleum, ( d ) there is provided at every launching or receiving trap used in connection with the internal cleaning or pigging of a pipeline a suitable and adequate oil interceptor maintained in an efficient state.
2. A licensee, owner or contractor shall ensure during the whole period of pumping or conveying petroleum by pipeline to (or from where necessary) a vertical storage tank that— ( a ) the control valves at each such tank is under the continuous observance or effective control of an authorised person who shall order the pumping or conveying operations to cease and the closure of control valves in the event of any unusual circumstances likely to cause risk of injury, and ( b ) all due precautions are taken to secure the detection of any leakage or escape of petroleum from the pipeline. 39.

(1)The licensee or owner of a store or a contractor shall ensure that every storage tank or pipeline equipped with or connected to heating pipes, coils, jackets or other heating devices shall be provided where necessary to prevent risk of injury with efficient thermometers or similar devices and suitable temperature regulators to ensure that the temperature of the contents of the storage tank or pipeline is maintained within safe limits.

(2)Every heating pipe, heating coil, jacket or other heating device under paragraph

(1)of this Regulation shall be so designed, constructed, located and so secured, protected, tested, examined, certified and maintained as to prevent risk of injury. 40.

(1)A licensee, owner or contractor shall take all practicable steps to ensure that cleaning, repair, alteration or modification is not commenced or carried out in relation to any storage tank or pipeline, or to any part of a store or pipeline— ( a ) where a dangerous concentration of vapours is likely to be present, ( b ) where there is risk of ignition, fire or explosion from petroleum, or ( c ) under such conditions as would affect the retaining capacity of any retaining enclosure, or any bund of a container store or container compound, unless adequate precautions are taken to prevent the escape of petroleum or risk of injury and unless the requirements of paragraph

(2)of this Regulation are observed.

(2)An authorised person shall make an adequate inspection or evaluation of the safety precautions or safety procedures to be observed before the work of repair, alteration or modification is commenced and shall— ( a ) make a report in writing of his inspection or evaluation of any risks involved in the carrying out of the work of repair, alteration or modification, ( b ) not authorise the carrying out of the work of repair, alteration or modification unless he has satisfied himself that the safety precautions or safety procedures to be observed in the carrying out of the work are adequate to prevent risk of injury and, ( c ) not authorise the commencement of carrying out of the work of cleaning, repair, alteration or modification without the issue by him of a written authorisation to permit the work to be carried out subject to any conditions he may consider necessary for preventing risk of injury and a signed and dated copy of the authorisation shall be kept for not less than 2 months. 41.

(1)Without prejudice to Regulation 40 of these Regulations, all practicable steps shall be taken by a licensee or owner to ensure that— ( a ) a person shall not, nor be required to, repair or alter or attempt to repair or alter at a store a storage tank, container or pipeline that contains or has contained petroleum if the repair or alteration involves welding, cutting, boring, soldering, hammering or other similar work likely to cause injury by ignition, explosion or fire, unless— (

1. i)the tank, container or pipeline has been emptied of all traces of petroleum and adequate steps have been taken to remove in a safe and suitable manner any flammable or explosive gas or vapour or residue which may give rise to such gas or vapour, or (
2. ii)other equally effective measures have been taken that will adequately prevent such risk of injury.

(2)A licensee or owner shall ensure that work of repair, maintenance, modification or the attachment of fittings or devices is not carried out to or in connection with a tank-vehicle at a store unless the tank, tanks or fuel tanks, attached thereto is or are free of or have been rendered free of (and certified in writing as being so free) by a competent person of any dangerous concentration of petroleum vapours likely to cause risk of injury in the carrying out of such work. 42.

(1)Subject to any condition attached to a licence, a licensee or owner shall ensure that every vertical storage tank used for petroleum Class I shall be provided with not less than 2 separate pipelines one of which shall be used for the conveying of petroleum to the tank.

(2)A licensee or owner shall ensure that the outlet or discharge orifice of every pipeline for the conveying of petroleum Class I or petroleum Class II to a vertical storage tank shall, where necessary, be so located, installed, and used— ( a ) as to avoid or minimise vibration, turbulence or agitation of liquid petroleum and the generation of static electricity, ( b ) as to discharge the petroleum liquid— (

1. i)as near to the surface of the bottom of the tank as is practicable or beneath the lowest normal level of the liquid in the tank, and (
2. ii)beneath the lowest part of the opening or orifice of any withdrawal or suction pipe within the tank to ensure the maintenance of a liquid seal.

(3)A licensee or owner shall ensure that each pipeline connected to a vertical storage tank shall be provided, at the most appropriate points, with the necessary efficient means of manual or automatic control for securing the safe conveying of petroleum to and withdrawal of petroleum from the tank. 43.

(1)A licensee or owner of a store shall provide suitable elevated platforms, stairs or steps to enable safe and efficient means of access and egress for any person who is required to gain access to or to perform any work on the top of a tank in connection with a loading or unloading operation.

(2)Without prejudice to paragraph

(1)of this Regulation and unless otherwise specified in writing by the proper authority every loading or unloading platform, stair or steps provided under that paragraph at a major distribution store shall— ( a ) be designed, constructed and maintained so as— (

1. i)to safely withstand any loading or impact to which it is likely to be subjected in normal use, and (
2. ii)to provide a safe place of work for any person engaged in a loading or unloading operation, ( b ) be of all-metal construction incorporating a non-slip serrated grating on walkways, stairs or steps, ( c ) in the case of a fixed platform used solely for loading or unloading a tank on one side only of the platform— (
3. i)be not less than one metre in width, and (
4. ii)be provided with an unobstructed walkway of not less than 0.80 metres in width having a vertical clearance of not less than 2 metres, ( d ) in the case of a fixed platform used for loading or unloading a tank on either side of the platform— (
5. i)be not less than 1.5 metres in width, and (
6. ii)be provided on each side of the platform with an unobstructed walkway of not less than 0.80 metres in width having a vertical clearance of not less than 2 metres, ( e ) be kept clean and free from obstruction during a loading or unloading operation.

(3)Every fixed platform used for loading or unloading at a major distribution store shall be provided at each end with not less than one stair or steps of not less than 0.80 metres in width to ground level.

(4)Subject to paragraph

(1)of this Regulation, where a person has to gain access to the top of a tank at a major distribution store in connection with a loading or unloading operation, the licensee or owner shall provide a non-slip serrated and grated platform not less than 0.80 metres in width which is effectively hinged to the fixed platform or is otherwise moveable and secured to the fixed platform and extends as near as is reasonably practicable to the walkways on the top of the tank.

(5)Every hinged or movable platform provided under paragraph

(4)of this Regulation shall be so arranged that it can be easily and safely raised or elevated or retracted with the use (where necessary) of mechanical aids, and that it can be easily and safely secured in a raised or elevated or retracted position.

(6)Every platform (whether fixed or movable), stair or steps provided under paragraph

(4)or

(5)of this Regulation shall be fitted (except for any necessary access openings) with not less than one suitable guard rail of adequate strength on each side at a height not exceeding 1 metre nor less than 0.950 metres above the platform, step or stair tread. 44.

(1)Where, in connection with a loading or unloading operation, a person has to perform any work or operation on the top of a tank, the carrier shall ensure that the requirements of paragraphs

(2)to

(4)of this Regulation are observed.

(2)The surface working area on top of the tank other than any necessary openings for— ( a ) a foot valve control device, ( b ) a manhole lid, or ( c ) a venting or dipping device, shall be effectively covered within the limits of the overturning protective rails or barriers with a suitable and properly secured serrated and fire-resistant metal grating.

(3)There shall be provided on a rail tank wagon or road tank-vehicle suitable means of access to the top of the tank and, where catwalks or access ladders or steps are provided as the means of access, they shall, so far as is practicable, incorporate a non-slip serrated surface.

(4)The metal gratings, catwalks, ladders or steps provided under this Regulation shall be properly located, secured and maintained at all times and be kept free, so far as is reasonably practicable, from oil, grease or dirt. 45.

(1)During the transfer at a store of petroleum Class I or petroleum Class II to or from a tank, the tank-vehicle or rail tank wagon shall be located at a place clearly marked on the ground plan of the store and, when the transfer takes place during the hours of darkness, suitable and sufficient means of artificial lighting to allow the transfer to be safely made, shall be provided at that place by the licensee or owner of the store.

(2)( a ) The place referred to under paragraph

(1)of this Regulation shall— (

1. i)be of sufficient area to enable a tank-vehicle or rail tank wagon to be adequately and safely accommodated in the area during the transfer referred to in that paragraph, (
2. ii)be so defined by painting or otherwise that its boundaries are clearly marked, and (iii) be provided at a major distribution store except for bottom loading with a weather canopy of suitable design and constructed of non-combustible materials. ( b ) A licensee or owner shall take all practicable steps to ensure, in respect of petroleum Class I or petroleum Class II, that the canopy is open on all sides and that the ventilation in the area is adequate to prevent risk of injury from petroleum to any person employed at or near the canopy. ( c ) A licensee or owner shall ensure that the surface area of the ground used to accommodate a tank-vehicle or rail tank wagon during such a transfer and within a radius of not less than 4 metres of a petroleum Class I or petroleum Class II dispensing pump is suitably covered with an adequate thickness of concrete or other suitable material and is— (
3. i)impervious and non-absorbent so as to prevent seepage or escape of petroleum below ground, (
4. ii)properly maintained and in good condition, and (iii) provided with a suitable drainage system designed and graded for draining any liquid off into an adequate oil interceptor.

(3)Without prejudice to the requirements of subparagraph

(2)(c) (iii) of this Regulation and unless otherwise specified in writing by the proper authority, all practicable steps shall be taken by the licensee or owner to prevent, by the provision of a suitable drainage system connected to an oil interceptor, the escape (by leakage, seepage or otherwise) of petroleum below ground or into any drain, sewer, canal, lake, stream, river, sea or inlet of the sea, or other watercourse, ditch or public place from any part of a store.

(4)All practicable steps shall be taken or caused to be taken by a licensee or owner— ( a ) to ensure that a loading or an unloading location or a filling or fuelling location is provided and maintained with adequate and suitable means for the safe conveying of petroleum Class I or petroleum Class II, and for the protection of person or property against risk of injury, ( b ) to ensure that a loading or an unloading location or a filling or fuelling location including any pipeline, plant or pumping equipment installed thereat is so designed, constructed, installed, protected and maintained as to prevent risk of injury, ( c ) to prevent at a loading or unloading location or at a filling or fuelling location— (i) the escape of petroleum liquid, (ii) ignition, explosion or exposure of any substances, article or other agency, (iii) spread of fire, likely to cause risk of injury. 46.

(1)A licensee, owner or carrier shall take all practicable steps to ensure that, where petroleum Class I or petroleum Class II is being loaded onto or unloaded from a tank of a tank-vehicle in a hazardous area, the engine (if it is likely to cause risk of injury) of any other tank-vehicle in any immediate adjoining bay is not set in motion or run until the loading or unloading operation has been completed.

(2)A licensee, owner or carrier shall ensure that where adequate space is not available in a hazardous area at a loading or unloading location to safely accommodate a tank-vehicle, the tank-vehicle with the engine (if it is likely to cause risk of injury) stopped shall remain parked at a safe distance from the hazardous area until such space becomes available. 47. A licensee, owner or carrier shall ensure that— ( a ) a pipeline, pump or any associated metering device used for the loading of a tank conveying petroleum Class I or petroleum Class II is used exclusively for that purpose, and ( b ) every flexible pipe or solid pipe delivery device used for the loading through an open hatch or manhole lid opening of a tank is of the quick-acting type except where efficient automatic means are provided for shutting-off the inflow of petroleum as soon as the tank is filled to its rated capacity or to the extent of a preset liquid quantity. 48.

(1)Due precautions shall be taken by the licensee or owner, during the loading or unloading of a tank-vehicle at a store, to ensure that— ( a ) the vehicle is stopped within the appropriate area as specified by the proper authority, ( b ) any inadvertent movement of the vehicle is prevented by applying the brakes or otherwise, ( c ) when petroleum Class I and petroleum Class II is being loaded and when petroleum Class I or petroleum Class II

(2)is being unloaded, the engine of the vehicle is stopped and not set in motion during the loading or unloading operation, and until every manhole lid, filling pipe or draw-off pipe opening, or other opening of the tank or pipeline has been securely closed and every disconnection completed in a safe and orderly manner, and ( d ) mechanical or electrical repairs or adjustments are not made to the vehicle during the loading or unloading operation.

(2)A licensee or owner shall take all practicable steps to ensure that— ( a ) every tank of a tank-vehicle at a store is leak-proof and, together with its connections or fittings, is kept reasonably clean, maintained in good condition and free from defect, ( b ) every container used for conveying petroleum is leak-proof, maintained in good condition and securely stopped, ( c ) all due precautions are taken to prevent during loading, unloading or conveyance of petroleum risk of injury, ( d ) a person shall not, during a thunder-storm or lightning, be required to— (

1. i)gain access to or remain on the upper surface or catwalk of any tank-vehicle, (
2. ii)transfer petroleum Class I or petroleum Class II to or from a tank, (iii) carry out manual gauging of a tank, ( e ) the fuel tank of a vehicle is not filled or replenished with petroleum Class I direct from a tank of a tank-vehicle. 49. A licensee or owner shall— ( a ) on completion of a loading or unloading operation ensure that all openings in a tank of a rail tank wagon, except any necessary vent openings, are properly closed and secured in a liquid-tight and vapour-tight condition and in such a manner as effectively to prevent any loosening of the closures or escape of petroleum liquid or vapour during conveyance, ( b ) before transferring a rail tank wagon to a carrier, issue or cause to be issued a certificate acceptable to the railway undertaking certifying— (
3. i)that all openings (except, where appropriate, vent openings) of the tank and other fittings thereof are properly closed and secured and that the tank is in all other respects free from defect, (
4. ii)that all necessary documents containing appropriate information regarding the contents of the tank are in order, and (iii) that all labelling, marking and warning notices are in accordance with such requirements as may be approved by the proper authority. 50.

(1)Unless otherwise specified in writing by a proper authority, a licensee or owner and a contractor shall take all practicable steps to ensure that petroleum Class I or petroleum Class II is not transferred from a supply storage tank or from a tank or a petroleum ship to a receiving storage tank— ( a ) unless adequate means for summoning assistance in an emergency is available at the store, ( b ) unless an authorised person is in charge of the receiving storage tank or separate compartment— (

1. i)to ensure that petroleum does not overflow or escape from the receiving storage tank or at any point or location in the pipeline at the store between the receiving storage tank and the supply storage tank or tank, (
2. ii)to ensure in the case of a pipeline connecting a receiving storage tank and a petroleum ship, that petroleum does not overflow or escape from the receiving storage tank or the pipeline, and ( c ) unless the authorised person in charge of the receiving storage tank— (
3. i)has where appropriate immediately before the commencement of the transfer properly ascertained the quantity of petroleum in the receiving storage tank with the use of the appropriate measuring device, automatic level indicator or other means required to be provided under Regulation 26 of these Regulations, and that the quantity of petroleum to be transferred from the discharge storage tank, tank or petroleum ship can safely be accommodated in the receiving storage tank, (
4. ii)has taken all practicable steps to ensure that the connecting pipeline through which the petroleum is to be transferred is properly and securely connected and that (so far as can be ascertained) all pipes at the store through which the petroleum will pass are vapour-tight at the connections in the case of a transfer involving petroleum Class I or petroleum Class II, and (iii) has ensured that any opening in the tank required to be closed to prevent risk of injury, is securely closed.

(2)In this Regulation— "receiving storage tank" means a storage tank into which petroleum is being conveyed, "supply storage tank" means a storage tank from which petroleum is being conveyed. 51.

(1)A licensee, owner or carrier concerned shall ensure that a line of rails on which a locomotive, rail tank wagon or rail truck moves shall— ( a ) be adequately supported on a properly constructed firm foundation, ( b ) be of adequate section and have an even running surface, ( c ) be joined by fish plates or double chairs, ( d ) be securely fastened to sleepers or bearers or be otherwise adequately and effectively secured, ( e ) be laid in straight lines or curves of such radii that the locomotive, rail tank wagon or rail truck can be moved freely and without danger of derailment, ( f ) be provided where appropriate with adequate stops or buffers on each rail