S.I. No. 201/1990:

DANGEROUS SUBSTANCES (STORAGE OF LIQUEFIED PETROLEUM GAS) REGULATIONS, 1990.

DANGEROUS SUBSTANCES (STORAGE OF LIQUEFIED PETROLEUM GAS) REGULATIONS, 1990.

ARRANGEMENT OF REGULATIONS.

Regulation

1. Short title and commencement.

2. Definitions.

3. Application of regulations.

4. Application in relation to other legislation.

5. Use of standards, codes of practice and guidelines in determining adequacy of arrangements.

6. General duties.

7. General requirements.

8. Conditions and location of storage.

9. Plant specification and design.

10. Precautions against electrical and electrostatic hazards.

11. Fire and explosion precautions, security and emergency procedures.

12. Notification of incidents.

13. Security measures.

S.I. No. 201 of 1990.

DANGEROUS SUBSTANCES (STORAGE OF LIQUEFIED PETROLEUM GAS) REGULATIONS, 1990.

I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by Sections 26 (1), 36 (1) and 62 (2) of the Dangerous Substances Act, 1972 (No. 10 of 1972), and Section 28 of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), and after consultation with the National Authority for Occupational Safety and Health and, in so far as they relate to the said Section 26 (1), with the Minister for Health, hereby make the following regulations:

1. (1) These Regulations may be cited as the Dangerous Substances (Storage of Liquified Petroleum Gas) Regulations, 1990.

(2) These Regulations shall come into operation on the 1st day of September, 1990.

2. In these Regulations, except where the context otherwise requires--

"the Act of 1989" means the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989);

"activity", in relation to liquefied petroleum gas, means the storage, transfer, loading, unloading, handling or processing of such gas in the course of any trade or business;

"adequate" shall be construed in accordance with Regulation 5 of these Regulations;

"the Authority" means the National Authority for Occupational Safety and Health;

"commercial butane" means a hydrocarbon mixture consisting predominantly of butane, butylene or any mixture thereof;

"commercial propane" means a hydrocarbon mixture consisting predominantly of propane, propylene or any mixture thereof;

"cylinder" means any portable refillable container with a maximum capacity not exceeding 150 litres and which has been designed and tested in an adequate manner;

"inspector" means an inspector duly authorised under section 33 of the Safety, Health and Welfare at Work Act, 1989 ;

"installation" means the whole of an area of land under the control of an occupier and any structure thereon including any pier, jetty or similar structure (whether floating or not) and includes any other area of land adjacent to the area under his control and over which he excerises right of way or has any structure thereon;

"land" includes land covered by water;

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

"The Minister" means the Minister for Labour;

"movable storage vessel" does not include a cylinder;

"occupier", in relation to an installation, means the person responsible for the activity at the installation;

"plant" means any machinery, equipment or component used in connection with an activity including pressure vessels, vaporizers, air mixing units, pipework, fittings, monitoring and control equipment, pumps, dispensers and electrical equipment.

3. (1) Subject to paragraph (2) of this Regulation, these Regulations shall apply to any activity involving liquefied petroleum gas where, in respect of such activity, the amount of such gas present is greater than 70 kilograms or the total volumetric capacity of all storage vessels concerned is greater than 160 litres.

(2) Nothing in these Regulations shall apply to liquefied petroleum gas in the fuel tanks of vehicles or engines where it is for the purpose of operating the vehicle or engine concerned.

4. The provisions of these Regulations are in addition to and not in substitution for any other enactment, including the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1980 ( S.I. No. 235 of 1980 ), as amended by the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1986 ( S.I. No. 268 of 1986 ).

5. (1) In considering whether any installation or place, plant or other thing, process, procedure, performance of any function, duty or obligation or manner of doing anything is adequate, regard shall be had to any relevant code of practice.

(2) In this Regulation "relevant code of practice" means any code of practice issued or approved of by the Authority in accordance with Section 30 of the Act of 1989 and which deals with matters to which these Regulations apply by virtue of Regulation 3 of these Regulations.

6. (1) In respect of any activity involving liquefied petroleum gas to which these Regulations relate, it shall be the duty, where appropriate, of the following persons to comply with these Regulations, namely

( a ) the occupier of the installation where that activity is carried out and such other person or persons (if any) as are responsible for that activity,

( b ) every person responsible for transferring, loading, unloading or handling of liquefied petroleum gas at the installation concerned who has conveyed it there for the purposes of such an activity, and

( c ) every other person upon whom a duty is imposed by virtue of Section 10 or 11 of the Act of 1989,

and every person at that installation where that activity is carried out shall comply with any direction duly given by or on behalf of a person upon whom a duty is imposed by virtue of this Regulation or the said Section 10 and 11 and is so given in respect of the duty.

(2) ( a ) In respect of any activity involving liquefied petroleum gas to which these Regulations relate, it shall be the duty of an occupier of an installation to notify in writing the supplier of liquefied petroleum gas of any structural or other alteration carried out which might affect the installation as originally installed.

( b ) In this paragraph "supplier" means any person undertaking the supply of liquefied petroleum gas to an installation, whether or not that person is the owner of all or part of the plant concerned.

7. Every activity involving liquefied petroleum gas shall, so far as is reasonably practicable--

( a ) be situated in an adequate location, and

( b ) be carried on in an adequate manner,

so as to prevent risk of injury to any person or damage to any property.

8. (1) All liquefied petroleum gas to which these Regulations relate and not in use shall be stored in one or more of the following ways, namely--

( a ) in reservoirs completely below the ground and where the surface of that ground is wholly or mainly in the open air,

( b ) in fixed storage tanks or fixed storage vessels--

(i) in the open air (whether or not mounded), or

(ii) completely below ground and where the surface of that ground is wholly or mainly in the open air,

( c ) in movable storage tanks or movable storage vessels in the open air,

( d ) in plant forming part of a totally enclosed pipeline system,

( e ) in cylinders kept in the open air or, where that is not reasonably practicable, in a storeroom which is adequate for that purpose, and every such reservoir, tank, vessel, pipeline, pump and cylinder shall be so positioned in an adequate manner so as to prevent, as far as is reasonably practicable, the risk of injury to persons or of damage to property.

(2) Where liquefied gas to which these Regulations relate is in use at a particular place it shall, so far as is reasonably practicable, be contained in cylinders or pipelines that are adequate for that purpose and the number of any such cylinders or pipelines in use at any one time shall be kept to as few a number as is reasonably practicable having regard to the processes or operations being carried on.

(3) When the contents of any cylinder to which paragraph (2) of this Regulation relates has been used up, that cylinder shall, as soon as reasonably practicable, be

( a ) removed from the place it was last being used at and stored in an adequate manner, or

( b ) refilled or otherwise dealt with in an adequate manner.

(4) Nothing in this Regulation shall apply to any closed vessel designed so as to contain not more than 500 cubic centimetres of liquefied petroleum gas.

9. (1) In relation to activities involving liquefied petroleum gas to which these Regulations relate, all plant used in such activity shall, using the best practicable means--

( a ) be designed and constructed by persons possessing the requisite skill and competence in each case to so design or construct in an adequate manner, including (where appropriate) adequate configuration, weight, foundations, protection, supports and fixings that are appropriate to the location and the function to which the plant is to be used,

( b ) where appropriate, be supplied, installed and commissioned by persons possessing the requisite skill and competence in each case to so supply, install or commission in an adequate manner,

( c ) be operated and maintained in an adequate manner by persons possessing the requisite skill and competence in each case to so operate or maintain.

(2) Without prejudice to the generality of paragraph (1) of this Regulation all plant used in any activity to which that paragraph relates shall, in addition--

( a ) be positioned and used so as to prevent, so far as is reasonably practicable, the risk of injury to persons or damage to property,

( b ) be provided, so far as is reasonably practicable, with an adequate and safe means for persons to maintain, inspect and carry out other functions in relation to the plant,

( c ) using the best practicable means, bear adequate markings and data plates or labels, as may be appropriate, which shall be so maintained and positioned so that they are distinct and legible,

( d ) using the best practicable means, be fitted with adequate safety, monitoring control devices and other fittings as are necessary to ensure safe operation of the plant and be so arranged and maintained so that readings can be easily taken and settings easily made.

(3) Adequate maintenance records shall, so far as is reasonably practicable, be kept in respect of all plant to which this Regulation relates.

10. (1) In respect of any activity involving liquefied petroleum gas to which these Regulations relate, adequate steps shall, so far as is reasonably practicable, be taken--

( a ) in the selection and location of all electrical equipment used in connection with or for the purpose of carrying out that activity so as to prevent danger by ignition, fire or explosion in the event of exposure of any such equipment to such gas,

( b ) to prevent any generation, accumulation or discharge of static electricity where a dangerous concentration of vapours from such gas may be expected to be present.

(2) In this Regulation "dangerous concentration of vapours" means a concentration greater than the lower flammable limit of the vapours.

11. In respect of any activity involving liquefied petroleum gas to which these Regulations relate, adequate steps shall, so far as is reasonably practable, be taken--

( a ) to minimise the risk of fire or explosion occurring in respect of that activity,

( b ) to make provision to restrict the effects of any outbreak of fire or of any explosion, including the supply of water to protect any vessel, tank or cylinder in the event of fire,

( c ) to ensure that relevant persons are trained in emergency procedures and that provision is made at the place where that activity occurs for the supply of water or other means to protect the vessels, tanks or cylinders, as the case may be, which contain or did contain liquefied petroleum gas.

12. (1) Where an incident occurs at an installation involving--

( a ) (i) the death of any person, or

(ii) injury to any person which requires medical attention to be given to such person in hospital other than as an out-patient,

and such death or injury is as a consequence of the presence of liquefied petroleum gas at the installation, or

( b ) an explosion or fire which results in the stopping of

(i) any activity involving liquefied petroleum gas, or

(ii) normal work at the installation,

for a period of more than 24 hours, or

( c ) a sudden uncontrolled release of one-half tonne or more of liquefied petroleum gas from any system or plant associated with an activity or

( d ) an uncontrolled release from any vessel, whether full or not, of its entire contents ( other than the normal residual contents, if any, when empty) where the capacity of that vessel when full is 500 litres or more,

the occupier of that installation shall forthwith send to the Authority information on the circumstances of the incident, the emergency measures taken and details of the steps taken or, where appropriate, to be taken to prevent such an incident occurring again.

(2) The occupier of an installation at which a notifiable incident occurs shall keep and maintain for at least 10 years after such occurrence a copy of the information sent to the Authority for the purposes of paragraph (1) of this Regulation.

(3) In this Regulation "notifiable incident" means an incident to which paragraph (1) of this Regulation relates.

13. Adequate measures shall be taken to prevent, so far as is reasonably practable, unauthorised persons interfering with any installation.

GIVEN under my Official Seal, this 31st day of July 1990.

BERTIE AHERN,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these Regulations is to prevent risk of injury to persons or property from the storage of Liquefied Petroleum Gas (LPG).

These Regulations apply to any activity involving LPG where the amount of LPG is greater than 70 kilograms or the total storage capacity is greater than 160 litres. Where LPG is stored in the fuel tanks of vehicles or engines for the purpose of their operation the Regulations do not apply.

The Regulations provide for:

the application of relevant Codes of Practice,

persons to whom the regulations apply,

duties of such persons,

safe operation of activities involving LPG,

storage of LPG,

design, construction, supply, installation, operation and

maintenance of plant,

safe operation of plant,

prevention of ignition of gas vapours,

minimisation of risk of fire or explosion,

reporting of incidents,

maintenance of records,

prevention of interference by unauthorised persons.