DANGEROUS SUBSTANCE REGULATIONS 2019

The following Regulations have been signed into law in December 2019 and are in force from the 1st April 2020:

They repeal and replace 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.

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).

A PDF version of the new Regulations and a guidance document on frequently asked questions is available on the website of the Department of Business, Enterprise and Innovation at this link.

The Guidance Documents required to meet the Regulations are indicated on Schedule 1 of the Regulations. List of Schedule 1 Publications

ROLE OF THE LOCAL AUTHORITY UNDER THESE REGULATIONS

Monaghan County Council as the licencing authority has a role in relation to the licensing, inspection and prosecuting breached of licences under the Dangerous Substance Act, 1972 and Dangerous Substances Regulations, 2019.

Local Authorities charge a fee for licences under both Regulations which are set out in the Dangerous Substances (Licensing Fees) Regulations, 1979 (S.I. No. 301 of 1979)

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)

APPLICATION PACK

We have developed a Dangerous Substance Licence ‘Application Pack’ to assist applicants/ licensees/ owners or operators in making a submission to Monaghan Fire & Civil Protection as the licencing authority.

The pack includes the following: –

  • Application form
  • Details on current Fees
  • Details of the publications that must be adhere to
  • Details on matters to be included in the Risk Assessment
  • Details on matters to be included in the Maps & Drawings accompanying the Risk Assessment
  • Model Electrical Inspection Report template

Application Pack For SI 630 Of 2019 DSR Retail (PDF)

Application Pack For SI 631 Of 2019 DSR Commercial (PDF)

Model Flammable Liquids And Fuels Stores Periodic Electrical Inspection Certificate (PDF)

 

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

  1. 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 are available on request from Monaghan Fire Station (contact details can be found here), OR alternatively application forms and further information can be found here.

Additional guidance on the documents required to be submitted with the application are detailed in the pages following the Application forms.

The Guidance Documents required to meet the Regulations are indicated on Schedule 1 of the Regulations. List of Schedule 1 Publications

LEGISLATION

 

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 HSA – Appeals process