Health and Safety
Executive / Commission
Local authority circulars
To: All Unitary and Island Councils; County Councils in England; and Fire Authorities
For the attention of: Environmental Services /Trading Standards /Fire Authorities/ Local Authority Health and Safety Enforcement Managers, Health and Safety Regulators and others
This circular gives advice to Petroleum Enforcement Officers
1. This revision supersedes and expands on the original PETEL 65/53, entitled ‘DSEAR - Petrol Filling Stations - Definitions - Fuel Retrievers and Airfields’, issued in October 2003.
2. The purpose of this PETEL is to provide: -
3. The guidance given in Appendix 1 of this PETEL is, in the main, intended to apply to refuelling installations that require a petroleum licence.
4. Installations falling within the scope of this PETEL are: -
5. A typical fuelling installations will fall within the meaning of a ‘petrol filling station’ where: -
6. Where the installation meets all of the above criteria, a petroleum licence is required and the enforcing authority for DSEAR is the local petroleum licensing authority (PLA).
7. In circumstances where the ‘petrol filling station’ is not located at a ‘workplace’, that is, where the operator uses the fuel for ‘private use’ and not in connection in any way with a business or employment, the Health & Safety at Work etc Act 1974 (HSWA) and DSEAR will not apply. The PCA will, however, apply and a petroleum licence will be required. Examples of where ‘private use’(6) applies would be: -
An example of the conditions that could be applied to a licence for a fuelling facility located at a place where no person is employed to work is detailed in Appendix 2. For consistency, these conditions are based on the ‘model licensing conditions’ published in LAC 65/61.(7)
8. Fuel retrievers are containers (typically 50 to 80 litres) with an integral mechanical pump (sometimes electrical). They are usually of a trolley-like configuration, with small carrying wheels, so that they can be moved around a workshop or yard easily. Typically, they are used in the motor vehicle repair sector to extract fuel from vehicle fuel tanks to enable the tank to be safely repaired or replaced. The contents of the fuel retriever are then pumped back into the vehicle fuel tank.
9. Some other operators have a need to refuel vehicles that would otherwise be stranded on site (e.g. car auction operators). They are using fuel retrievers to dispense petrol into a vehicle instead of pouring it from a container, perceiving this as a safer method of working. They apparently purchase petrol in containers from filling stations, pump it from the containers into the retriever, and then pump it from the retriever into the vehicle.
10. In the opinion of the Health & Safety Executive, fuel retrievers are not "storage tanks" within the meaning of DSEAR as their designed purpose is to retrieve fuel in a temporary container of limited capacity; e.g. the container is not a storage tank. Thus, the use of fuel retrievers does not constitute dispensing within the meaning of DSEAR and they do not, therefore, require licensing under the PCA. Fuel retrievers used at a workplace are subject to the full requirements of DSEAR.
11. A bowser can be described as a fuel tanker, either self-propelled or towed as a trailer, which is specifically used to transport fuel to aircraft parked on the airfield. It will be equipped with an on-board pump enabling fuel (AVGAS(8)) to be dispensed (through a filter and meter) into the fuel tank of an aircraft. The purpose of the filter is to remove particulate matter and water.
12. In some locations, the bowser is used to transport fuel from a storage tank or hydrant to aircraft. This activity would not, by itself, require licensing as the bowser is not being used for storage. However, in some other locations the bowser also constitutes the storage facility for the site where there are no fixed storage tanks on the site. In these situations, a licence will be required. In some instances, the bowser may remain in a permanent position with the aircraft being maneuvered to an adjacent refuelling position.
Where aircraft are refuelled with petroleum-spirit direct from dispensers or hydrants connected to a storage tank, then a licence will also be required.
13. This type of refuelling facility is found at motor manufacturers and other places where combustion engines are researched, developed and tested. Typically, the facility will either comprise a storage tank (external) and a pump feeding one or more (internally located) intermediate (header) tanks which feed the engines; or a single engine test bed where the fuel tank is filled from a container. In either case it has been agreed that the PCA will not apply to such a (workplace) process. DSEAR will apply to the storage of petrol and the refuelling activity and will be enforced by the HSE or LA (Environmental Health Officer) as the case may be.(9)
14. This type of integral fuelling facility will comprise a storage tank, a pump and a dispenser usually mounted on a transportable platform called a skid. Typically, the storage tank will have a capacity in the range of 900 to 2500 litres. The unit will meet the definition of a ‘petrol filling station’ if the petrol is dispensed directly in to the fuel tanks of combustion engines like golf carts and lawn mowers.
The definition of a ‘petrol filling station’ will not be met if the fuel is dispensed into a container. If such dispensing arrangements apply, a petroleum licence is not required provided the premises or site is not a ‘workplace’.
1 In this appendix the generic term ‘fuelling unit’ includes airfield bowsers.
2 In order to comply with the requirements of DSEAR Regulation 5, the site operator (prospective licensee) must carry out a risk assessment, regardless of the quantity of petrol intended to be stored, so as to identify the measures required to prevent fires or explosions. The initial element of the assessment will be to ensure that the fuelling unit is ‘fit-for-purpose’; documents detailing the standard of construction, materials used and test certificates from the manufacture or supplier should provide the necessary evidence. Siting of the unit, separation distancing, hazardous area classification, spillage control, security, maintenance and operating procedures will also need to be covered by the assessment.
Note:
As the HSWA, DSEAR do not apply to petrol filling stations operated for ‘private use’3& 6, the PLA will need to impose requirements on the licensee to put in place adequate measures to effectively control the risks of fire and explosion arising from the delivery, storage and dispensing of petrol or AVGAS. Unlike ‘workplace’ storage, this anomaly places an obligation on the PLA to carry out a risk assessment in order to determine the extent of the control measures; with the measures being enforced as conditions of licence.
3 The fuelling facility must be ‘fit-for-purpose’ which, by definition, means that the design and the materials from which it is fabricated are of a standard and quality that will provide an effective containment system throughout its intended working life. All the materials forming part of the containment system (i.e. those which are in contact with, or may come in to contact with the petrol or its vapours) are compatible and will not degrade or prematurely fail.
4 Storage tanks (for above ground use) should not be constructed from plastic materials as this will give rise to problems with effective earth bonding where low flash-point liquids are stored1.
5 Airfield bowsers constructed after February 2005 should comply with the health and safety, functional and performance requirements of BS EN 12312-5:20052.
6 With any model of (above ground) fuelling unit, there are potential difficulties when it comes to filling the storage vessel from a road tanker. Unless there are facilities to pump the petrol into the storage tank (which is not common practice in the UK), the lie of the land would have to be favourable for gravity deliveries; ie there would need to be an elevated position for the road tanker to park for the unloading process. This problem can be addressed by the design of a low profile tank with a fill point at a lower elevation to that of the faucet of the road tanker.
7 On no account should the fuelling unit be positioned in an excavation or a depression in the ground (natural or man-made) to facilitate gravity fed deliveries. Where it is necessary to install the fuelling unit in a vault, the recommendations given in paragraph 8.4.3.3 of the Blue Guide4 should be followed.
8 Separation is an important twofold control measure that is intended to: -
9 The fuelling unit should be sited in a well ventilated position separated from the site boundary, occupied buildings, sources of ignition and any process areas by a distance determined from a site specific risk assessment. Guidance on separation distancing is given in HSG1763 and the Blue Guide4. However, the minimum distance of 1m for a tank capacity of 1m3 given in HSG1763 is possibly too little; whereas some of the various distances given in Section 4 of the Blue Guide4 may be too onerous, especially where hand pumps are involved.
10 Some of the factors to be taken into consideration when determining the appropriate separation distance are: -
11 Although ‘separation distancing’ and ‘hazardous area classification’ fulfil different functions, the hazardous zones of the latter may exceed the separation distance derived from the former!
12 When carrying out a hazardous area classification, the following points will have to be considered: -
13 Generally, the guidance given in Section 3 of the Blue Guide should be followed for road tanker unloading and dispensing; albeit an allowance should be made where manual pumps are used to fill small capacity fuel tanks. At times other than when the fuelling unit is being replenished or when dispensing is being carried out, an area of 3m enveloping the refuelling unit should be assigned a zone 2 hazardous area.
14 Any electrical equipment fitted to the fuelling unit or in the associated hazardous areas should be suitably explosion protected for use in the zones as classified.
15 For above ground fuelling units, earth bonding cables will need to be provided on the bowser to equalise electrical potential between the: -
The resistance, when measured between the termination and the unit or bowser chassis should not exceed 10 Ohm.
16 The on-site location of the fuelling unit and the capacity of the storage tank together with environmental sensitivity will dictate the degree of spillage control measures required.
17 Where it is necessary to provide a means to safely retain any spillages that may occur when the fuelling unit is being replenished or from any possible leakages from the storage tank or ancillary equipment, this can be achieved by locating or parking the unit in a bunded area. The capacity of the bund should be 110% of the capacity of the storage tank.
18 If the site in which the fuelling unit is located is not secured against unauthorised access, the unit should be positioned in a secure compound. The compound should be designed and constructed so as not to impede natural ventilation; robust (metallic) palisade fencing should achieve the desired effect.
19 The gate or gates to any security compound should be outward opening and should be easily opened from the inside when any person is working in the compound. Where only one entrance/exit is provided, the maximum travel distance (from any point in the compound) should not exceed 12m. In deciding on the location and number of exit gates, consideration must be given to the position of the road tanker when the storage tank is being replenished.
20 The fuelling unit and all its ancillary equipment must be maintained in a safe condition. This obligation can be fulfilled by employing or training personnel who are suitably qualified and understand the hazards associated with the storage and dispensing of highly flammable liquids.
21 An examination regime should be in place for the fuelling unit and all its relevant fittings including the earth bonding arrangements. A record of the examination and electrical testing should be maintained in a site register.
22 All personnel who operate the fuelling unit should be trained in:
Drafted for petrol filling stations and storage facilities where no person is employed to work. The actual conditions (fire and explosion control measures) will need to be risk assessed and imposed on a site specific basis
In the licence and for the purpose of these conditions (except in so far as the context otherwise requires) the following expressions shall have the meanings respectively assigned to them:
1.1 Approved means the acceptance in writing by the Petroleum Licensing Authority.
1.2 Approved Arrangements means those arrangements relating to the design, construction and mode of operation of the licensed premises or aircraft fuelling equipment, which accord with the plans and specifications approved by the Petroleum Licensing Authority.
1.3 Avgas means petroleum-spirit for use in piston type aircraft engines.
1.4 Bowser means ‘aircraft fuelling equipment’ used to handle aviation fuels on an airfield.
1.5 Competent Person means a person with enough practical and theoretical knowledge, training and actual experience to carry out a particular task safely and effectively. The person should have the necessary ability in the particular operation of the type of plant and equipment with which they are concerned, an understanding of relevant statutory requirements and an appreciation of the hazards involved. That person should also be able to recognise the need for specialist advice or assistance when necessary and to assess the importance of the results of examinations and tests. A ‘person’ can be taken to mean more than one, or a body corporate or unincorporate. It is therefore possible to appoint appropriate organisations (e.g. insurance companies or inspection bodies) to carry out tasks designated for competent persons.
1.6 Fuelling Unit means a bowser or an integral fuelling facility comprising a storage tank, a pump and dispenser mounted on a transportable platform.
1.7 Hazardous Area means an area where an explosive atmosphere is or maybe expected to be present which requires special precautions to be taken for the construction, installation and use of electrical equipment.
1.8 Inspector means a person duly appointed in writing by the Petroleum Licensing Authority, under Section 19 of the Health & Safety at Work etc Act 1974.
1.9 Licence means a licence authorising the keeping of petroleum-spirit issued by a Petroleum Licensing Authority pursuant to the Petroleum (Regulation) Acts 1928 and 1936.
1.10 Licensed Storage Facility means the premises or fuelling unit in respect of which the licence is in force and shall include all buildings or parts of a building, tanks, pipework, pumps, dispensers, drainage, ancillary equipment, and forecourt area within that part of the premises relevant to the storage, delivery and dispensing of petroleum-spirit.
1.11 Material Alterations means any alteration, which could affect the risks from fire and explosion at the licensed premises or fuelling unit and will include: -
1.12 Petroleum Licensing Authority means . . . . . . . . (here insert appropriate authority).
1.13 Petroleum-spirit means the same as that defined in section 23 of the Petroleum (Consolidation) Act 1928.
2.1 The licence and licence conditions issued, or copies of these documents, shall be kept on the licensed premises or on the fuelling unit.
2.2 Where the licensee wishes to have the licence transferred to some other person or body, he shall notify the Petroleum Licensing Authority of the name and address of the proposed transferee at least 28 days before the occupation or ownership of the licensed premises or fuelling unit is transferred to that other person or body.
2.3 The Licensee shall not undertake or permit to be undertaken any material alterations to the approved arrangements, unless the written consent of the Petroleum Licensing Authority has been obtained.
2.4 The Licensee shall as soon as is reasonably practicable, notify the Petroleum Licensing Authority and confirm in writing the details of any: -
3.1 Except where a petroleum-spirit dispenser is being tested for accuracy or during the course of repairs to the installation or any part thereof, petroleum-spirit shall only be dispensed into the fuel tank of an internal combustion engine, or into a suitable container. Any container used for this purpose shall immediately be securely closed and kept in a safe place.
3.2 All electrical fittings, apparatus and equipment in the hazardous areas and associated equipment in the non-hazardous areas shall be maintained at all times in good conditions. An inspection and test shall be carried out by a competent person at intervals (to be determined by the competent person) to ensure that the aforementioned electrical equipment continues to be in a satisfactory condition. A current satisfactory and complete electrical test certificate or copy shall be kept on the licensed premises and shall be produced to an authorised inspector on demand.
3.3 No electric light, electrical apparatus or appliance likely to ignite flammable vapour shall be installed or used within 3m of the fuelling unit or the road tanker when a delivery is in progress.
3.4 All practical steps shall be taken to ensure that no naked light, fire, flame or smoking is permitted within 3m of the fuelling unit or the road tanker when a delivery is in progress.
3.5 Appropriate steps shall be taken to prevent leaks and spills and to detect the sources of any leaks, including leaks indicated as a result of monitoring petroleum-spirit or Avgas stocks. Small leaks or spills shall be cleared up promptly by the application of dry sand or other absorbent material. All sand or other material used for clearing or containing leaks or spills shall not be exposed to a source of ignition and shall be disposed of safely. If retained for any length of time pending disposal, it shall be kept at a safe place in a closed container. Any other material contaminated with petroleum-spirit shall be treated in a similar way.
3.6 A maintenance scheme to ensure the integrity of the fuelling unit, the presence and effectiveness of safety and emergency provisions and the maintenance of the facility in a condition free from fire hazards shall be in operation.
3.7 Where the petroleum-spirit or Avgas is stored in an underground tank, consistent, accurate monitoring of the fuel delivered, stored and dispensed shall be carried out by the licensee in order to detect leaks from the tank and associated (buried) pipework.
3.8 The fuelling unit, when in use and when being replenished with petroleum-spirit or Avgas from a road tanker, shall at all times be under the control of a competent person.
3.9 2 x 4.5kg dry powder or 2 x 9 litre AFFF fire extinguishers shall be provided for the purpose of dealing with any small outbreaks of fire on, or in the immediate vicinity of the fuelling unit. The fire extinguishers shall be maintained in accordance with the British Standard BS5306:2003 and must be readily accessible for use at all times.
3.10 An ample supply of dry sand or similar absorbent material in a suitable container with a close fitting lid together with a means for its application must be provided and be readily available to be used in the event of a spillage of petroleum-spirit. The supply must be sufficient to clean-up any spills or leaks of petrol.
4.1 Where the petroleum-spirit or Avgas is stored in an underground tank, the Licensee shall ensure that adequate records are kept of the petroleum-spirit monitoring and reconciliation system or the operation of any other suitable leak detection system or leak prevention system such that any leak of petroleum-spirit from the storage tanks or associated pipework is detected before a hazardous situation can arise.
Such records and documents should be retained for a minimum of 12 months and if requested be made available to the Petroleum Licensing Authority as soon as is reasonably practicable.
4.2 The licensee shall ensure that adequate records are kept of the maintenance regime and repairs carried out to the: -
5.1 Under Section 44 of the Health and Safety at Work etc Act 1974, a person who is aggrieved by the decision of the Petroleum Licensing Authority by:
may appeal to the Secretary of State at the Department of Work & Pensions at:
Health and Safety Sponsorship Division, 2nd Floor, The Adelphi, 1-11 John Adams Street, London, WC2N 2HT.