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DANGEROUS SUBSTANCE REGULATIONS 2019

On 11th December 2019, Minister Pat Breen, TD., Minister of State at the Department of Business, Enterprise and Innovation, signed the following Regulations into law:
• Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019 (S.I. No. 630 of 2019) and
• Dangerous Substance (flammable Liquids and Fuels Distribution and Commercial Supply Stores) Regulations, 2019 (S.I. No. 631 of 2019)
repealing and replacing the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 (S.I. No. 311 of 1979) and the Dangerous Substances (Petroleum Bulk Stores) Regulations, 1979 (S.I. No. 313 of 1979).
These Regulations make a number of changes to the petroleum sector, to increase safety standards for employees, the public and the environment, and came into force on 1st April, 2020. The Regulations are broader in scope than the 1979 Regulations and include diesel, as well as several ‘alternative fuels’ such as electricity, hydrogen, biofuels, synthetic and paraffinic fuels, compressed natural gas (CNG), liquefied petroleum gas (LPG) and liquefied natural gas (LNG).
Given the significant changes between the 1979 Regulations and the 2019 Regulations, the Department of Business, Enterprise and Innovation has prepared a document of Frequently Asked Questions to assist stakeholders with the new regulatory regime.
A PDF version of the new Regulations and the frequently asked questions document is available on the website of the Department of Business, Enterprise and Innovation at this link:
https://enterprise.gov.ie/en/Legislation/Dangerous-Substances-Regulations-2019.html
If there are any queries which have not been addressed here, please forward them to dangerous.substances@dbei.gov.ie .

ROLE OF THE LOCAL AUTHORITY UNDER THESE REGULATIONS

Carlow County Council as the licencing authority has a role in relation to the licensing, inspection and prosecuting breaches of licences under the Dangerous Substance Act, 1972 and Dangerous Substances Regulations, 2019.
The new Regulations provides for the inclusion of diesel, and indeed other flammable liquids and fuels. While diesel is not combustible at ambient temperatures, it can be an environmental hazard. As such, it should be subject to the same controls as other flammable liquids. In addition, where diesel is co-located with more flammable liquids, it may also become a hazard if those combust. The legislation that provides for this is the Dangerous Substances Act 1972 (Part IV Declaration) Order 2020 (S.I. No. 147 of 2020).

LICENSE OBLIGATIONS

1.For Retail and kerbside stores:
All retail and kerbside stores which store flammable liquids and fuels for the purpose of sale or supply to the public must have a licence to operate granted by the appropriate licencing authority.
2.For Distribution and commercial supply stores:
All Distribution and commercial supply stores which hold flammable liquids and fuels for supply or sale to commercial enterprises, for supply to the licensee’s own vehicle or for use in any engine under the licensee’s control must have a licence granted by the appropriate licensing authority.
Application Forms and notes for these licences can be downloaded below.

LICENSE FEES

Carlow County Council, as the licencing authority, charge a licence fee for licences under both Regulations which are set out in the Dangerous Substances (Licensing Fees) Regulations, 1979 (S.I. No. 301 of 1979). In addition to the licence fee, Carlow County Council as the licensing authority also charge fee of €250 in respect of site inspection and administration associated with the processing of licence applications. The amount of the fee for each year or part of a year for which the licence is to be valid shall be:

•In case the storage capacity of the store to which the licence relates does not exceed 500 litres: €3.00

•In case such storage capacity exceeds 500 litres but does not exceed 2,500 litres: €7.00

•In case such storage capacity exceeds 2,500 litres but does not exceed 5,000 litres: €11.00

•In case such storage capacity exceeds 5,000 litres but does not exceed 25,000 litres: €15.00

•In case such storage capacity exceeds 25,000 litres but does not exceed 50,000 litres: €30.00

•In case such storage capacity exceeds 50,000 litres but does not exceed 100,000 litres: €45.00

•In case such storage capacity exceeds 100,000 litres but does not exceed 250,000 litres: €63.00

•In case such storage capacity exceeds 250,000 litres €126.00. On the transfer or replacement of the licence: €3.00

Thus a facility which stores 90,000 litres would have the following charge for a 3 year licence
Licence fee: 3 years x €45 = €135
Administrative fee: €250
Total: €385

LEGISLATION

• Dangerous Substances Act 1972 (DSA 1972)
• Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019 (S.I. No. 630 of 2019)
• Dangerous Substance (flammable Liquids and Fuels Distribution and Commercial Supply Stores) Regulations, 2019 (S.I. No. 631 of 2019)

DEFINITIONS

‘Appropriate licensing authority’ means the licensing authority with functional responsibilities for the area in which the retail store or kerbside retail store is located, or a licensing authority or group of licensing authorities designated as an appropriate licensing authority, or a body established to act on behalf of a licensing authority or group of licensing authorities and designated as an appropriate licensing authority. An appropriate licensing authority may also be an appropriate fire authority.
A ‘retail store’ means a place or premises used or intended to be used for the keeping for sale or supply to the public under a licence flammable liquids and fuels for use in the propulsion of a vehicle or the running of an engine of any kind.
A ‘kerbside retail store’ means a retail store, premises or location where:
flammable liquids and fuels are stored for the purposes of sale or supply to the public and are dispensed to vehicles that are parked on a public road, whether the dispensing equipment is located on a public footpath or otherwise, or the vehicle from which flammable liquids and fuels are transferred to the store is parked on a public road.
‘Commercial supply’ means the sale of flammable liquids and fuels to commercial operations, or the supply of flammable liquids and fuels for commercial activities, whether the flammable liquids and fuels are supplied to another person or company or within the same company

ROLE OF THE HEALTH AND SAFETY AUTHORITY UNDER THESE REGULATIONS

Under the Regulations for retail stores or commercial stores, the Health and Safety Authority is the ‘appeals authority’.
If a licence application for a retail store or commercial store is refused, or the store is the subject of an adjudication on any matter by the licensing authority, the owner or operator may appeal the decision to the Health and Safety Authority within 60/30 days from the date of the decision by the licensing authority.
*Kerbside retail stores can appeal decisions to the District Court.
Details on how to make an appeal can be found at the following link:
https://www.hsa.ie/eng/your_industry/flammable_liquids_and_fuels_retail_stores_-_new/regulations/

APPLICATION FORMS

Click link below for retail and kerbside stores application form and notes:

Dangerous Substance Licence Application Form and Notes (retail and kerbside)

Click link below for distribution and commercial supply stores application form and notes:

Dangerous Substance Licence Application Form and notes (distribution and commercial supply)

Additional guidance on the documents required to be submitted with the application are detailed in the pages following the Application forms. The completed applications including fee should be submitted to…
Chief Fire Officer, Carlow County Fire Service, Fire Station HQ, Green Lane, Carlow, R93 XE72