Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019.
(2) These Regulations repeal and replace the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 (No. 311 of 1979).
(3) These Regulations shall come into operation on 1 April 2020.
num: 2
paragraphs: (1) In these Regulations—
“the Act” means the Dangerous Substances Act 1972 (No. 10 of 1972), as amended;
“Act of 2005” means the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005);
“alternative fuels” means fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, and include, inter alia—
(a) electricity,
(b) hydrogen,
(c) biofuels,
(d) synthetic and paraffinic fuels,
(e) natural gas, including biomethane, in gaseous form (compressed natural gas (“CNG”)),
(f) liquefied petroleum gas (“LPG”), and
(g) liquefied natural gas (“LNG”);
“appeals authority” means the Health and Safety Authority;
“appropriate fire authority” means the fire authority, having the meaning assigned by the Fire Services Act 1981 (No. 30 of 1981) with functional responsibilities for the area in which the retail store or kerbside retail store concerned is located or the fire 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;
“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;
“approved” except where the context otherwise requires, means approved for the time being by the Minister;
“certificate of operation” means a licence with conditions issued by the appropriate licensing authority granting permission to continue to operate to a kerbside retail store, and describing any and all conditions required by the licensing authority and/or appropriate fire authority for said store to continue to operate”;
“competent person” means a person who, having regard to the task required to be performed and taking account of the inventory, size or hazards (or any combination of these) of the undertaking or establishment concerned, and taking account, as appropriate, of the framework of qualifications referred to in the Qualifications (Education and Training) Act 2012 (No. 28 of 2012), possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken;
“emergency works” refer to works which must be carried out as soon as possible due to the immediate potential for risk of injury, whether required by wear and tear, extreme weather, accidents, negligence, or other causes;
“flammable liquid” (and the categories thereof) means flammable liquid as defined and classified by criteria set out in Table 2.6.1 in Regulation (EC) No 1272 of 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directive 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1), which Table is set out below;
(1) For the purpose of this Regulation gas oils, diesel and light heating oils having a flash point between ≥ 55°C and ≤ 75°C may be regarded as Category 3.
“fuel” means a flammable liquid or gas, or an alternative fuel, intended for sale or supply to the public for use in engines and vehicles intended for use for transport by air, sea, road or rail;
“gas safety officer” means an authorised officer appointed under section 11(4) of the Electricity Regulation Act 1999 (No. 23 of 1999);
“kerbside retail store” means a retail store, premises or location where:
(a) 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
(b) the vehicle from which flammable liquids and fuels are transferred to the store is parked on a public road.
“licence” means a licence under the Act in respect of a retail store or kerbside retail store for the storage of flammable liquids and fuels at the store for the purposes of sale or supply to the public, and cognate words shall be construed accordingly;
“licensee” means a person, company, or other legal entity having a licence under the Act and is hereby deemed to include any person required to have a licence, (whether or not that person in fact holds a licence) in respect of any retail store or kerbside retail store for the storage of flammable liquids and fuels for the purposes of sale or supply to the public;
“licensing authority” means (as may be appropriate) a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001) (as amended by the Local Government Reform Act 2014 (No. 1 of 2014)) or a harbour authority within the meaning of section 2 (2) of the Act;
“major works” means works which lead to material changes, additions or modifications to the structure, operation, machinery, equipment, buildings or any other aspect of the store which alter how flammable liquids and fuels are stored, dispensed, or accessed. This includes, inter alia, additional pumps, the stocking of new fuels, the addition of new or differently sized tanks, whether underground or other, transfer or relocation of pumps, tanks or other equipment, the expansion of any structures on the site, the addition of structures/equipment such as car washes and tyre pumps, and changes to the entrance and exit which alter the path of vehicles through the store;
“the Minister” means the Minister for Business, Enterprise and Innovation;
“minor works” means works which do not lead to material changes, additions or modifications to the structure, operation, machinery, equipment, buildings or any other aspect of the store and which do not alter how flammable liquids and fuels are stored, dispensed, or accessed. This includes, inter alia, minor repairs to the premises, painting, hanging or replacing of signs, replacing pumps or tanks (provided that the location and size of the equipment and type of fuel is not altered), changes to the interior layout of any associated shop (where applicable), and changes to the interior layout of private staff areas;
“new retail store” means a purpose built establishment for which the licensee applies for the first licence after the date of commencement of these Regulations;
“owner” except where the context otherwise requires, means the legal owner of a premises or place at which a retail store or kerbside retail store operates, which is used or intended to be used in part or in full for the keeping of flammable liquids and fuels for sale or supply to the public; the owner may operate the premises themselves, designate a manager to operate the premises, or lease the premises to a person or company who carries out operations;
“operator” except where the context otherwise requires, means a person acting as an employer, whether they are the owner or a lease-holder, or designated by an owner or lease-holder as a manager who manages a retail store or a kerbside retail store (with or without a licence to operate) storing flammable liquids and fuels for the purposes of sale or supply to the public;
“public road” means a road as defined by the Roads Act 1993 (No. 14 of 1993) and includes public footpaths adjoining or adjacent to a public road;
“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;
“risk assessment” means a written assessment identifying the hazards, frequency of occurrence, and actions necessary to mitigate the risk of injury posed by the operation of a retail store or kerbside retail store storing flammable liquids and fuels for the purposes of sale or supply to the public;
“risk of injury” means risk of injury either to people, property or damage to the environment where environmental pollution is an associated hazard from flammable liquids and fuels (or vapours of flammable liquids and fuels) because of ignition, fire, explosion, spillage, escape or leakage, while keeping, dispensing, selling, supplying or conveying such flammable liquids and fuels.
num: 3
paragraphs: (1) These Regulations apply to the storage and handling of flammable liquids and fuels stored at a retail store or a kerbside retail store for the purposes of sale or supply to the public and which potentially pose a risk of injury arising from the co-location of those substances or materials in the immediate vicinity of such flammable liquids and fuels.