Flammable and combustible liquids. Licence guide. Guide for operators

Transcription

1 Guide for operators

2 About this guide This guide is for businesses that provide flammable and combustible liquids. It provides advice on licensing and fit-out guidelines for businesses. Table of Contents Section Page 1. Introduction How does the Dangerous Goods Safety Management Act 2001 apply to me? Does my business require an FCL Licence? How do I apply for an FCL Licence for a new premises? How do I apply for an FCL Licence for an existing premises? How do I apply for a change to my FCL Licence for an existing premises? Where do I get the application forms? How do I lodge my application to Council? What happens after my application is lodged? Are any other permits or approvals required from Council? Are any other permits or approvals required from State Government? What happens if I am operating without the required FCL Licence? What happens if I am not complying with the conditions of my FCL Licence? More information Appendix 1 - Minor storage Appendix 2 - Example plans...10 This guide was initially developed by Brisbane City Council, and is recognised and adopted by participating Queensland Councils. 2 of 12

3 1. Introduction If you operate a business that stores flammable and combustible liquids (FCL), it is important you understand your responsibilities. Under the Dangerous Goods Safety Management Act 2001 (the Act), the storage of FCL is considered to be a significant public safety and environmental risk, and requires licensing with Council. An occupier of a site must hold a licence to store FCL if the quantity stored exceeds the minor storage exemption limits stated in Table 2.1 of Australian Standard (The storage and handling of flammable and combustible liquids). Whether you require a licence will depend on a number of things, such as: amount of FCL stored by your business type of business you operate where and how FCL are stored. This guide is designed to help you understand: what FCL licensing is all about if you need a FCL licence for your business how to apply to Council for an FCL licence your safety responsibilities. 2. How does the Dangerous Goods Safety Management Act 2001 apply to me? If you operate a business in Queensland that stores FCL, your activities are regulated by this Act which aims to protect the safety of people and prevent harm to property and the environment by reducing the risk of chemical accidents. The Act places a number of obligations on everyone involved in the storage and handling of FCL. Obligations for occupiers of premises storing FCL include: being aware of the hazards assessing and minimising risk exercising caution and care providing information and training to workers containment and cleaning up of spills. You can get a copy of the Act by: visiting or telephoning Goprint on or Does my business require an FCL Licence? Businesses must hold a licence if the quantity of FCL stored exceeds the minor storage exemption limits stated in Table 2.1 of Australian Standard (The storage and handling of flammable and combustible liquids). This storage can be underground, aboveground, in package stores, storage cabinets or any combination of these. 3 of 12

4 Check Table 2 in Appendix 1 on page 8 of this guide to see if your business exceeds the minor storage limits and you require an FCL licence. This guide will help you apply for a licence. Storage of FCL, not exceeding the minor storage limits in Table 2, Appendix 1, is not required to be licensed. However, the business still has obligations under the Act and must ensure precautionary measures are complied with. If you require more information in regard to your obligations under the Act, contact the Queensland Government s Department of Employment and Industrial Relations (Workplace Health and Safety). 4. How do I apply for an FCL Licence for a new premises? Before you start Always check with Council where you can operate your proposed business. If you set-up your business in the wrong location you could be fined, closed down or required to install expensive pollution control or safety measures. It is recommended you meet with a Council officer before you lodge your application to determine the likely success of your application. This could save you money because, if your application is refused, the application fee is not refunded. Telephone Council to arrange a pre-lodgement meeting. How to apply To have your new FCL application assessed, you need to provide Council with a copy of the plans of the installation(s). This must include site and floor plans, sections and elevations. For further information, refer to Appendix 2. The following minimum scales must be used on plans: Site plan - 1:200 (showing the location of the proposed installation in relation to on-site facilities, protected works and boundaries) Floor plan - 1:100 Sectional elevations 1:50 Mechanical ventilation plans 1:50. To apply for a new FCL Licence for a new premises, you will need to submit two copies of your plans, a completed Flammable and Combustible Liquids Licence application form, and the correct fee. The fee will vary depending on the amount and the manner of storage of the FCL. If you are unsure of the correct fee, contact Council. Do I need an environmental registration? Under the Environmental Protection Act 1994 (EP Act), businesses that have the potential to pollute the environment are called Environmentally Relevant Activities (ERAs). Premises, storing petroleum products in tanks or containers with a total storage capacity of 10, ,000L, are classified as ERAs. If you are conducting an ERA, you must apply for an Operator s Registration Certificate. To find out how to apply for an Operator s Registration Certificate, refer to Council s website for information on Environmentally Relevant Activities. 5. How do I apply for an FCL Licence for an existing premises? 4 of 12

5 If you take over a business that has existing FCL storage, it is important to understand that you are responsible for ensuring that the installation complies with all aspects of the Act. It is therefore recommended that, prior to taking over a premise that stores FCL, you conduct an audit to determine if the installation complies with the relevant legislation. If you intend to maintain the existing quantity of FCL stored, you will need to submit the correct fee and a completed Flammable and Combustible Liquids Licence application form. The fee will vary depending on the amount and manner of storage of the FCL. 6. How do I apply for a change to my FCL Licence for an existing premises? If you would like to change the quantity of FCL being stored at your existing premises, you will need to submit the correct fee and a completed Flammable and Combustible Liquids Licence and Variation of Licence application form. Refer to Council s website for further information. If your changes to the quantity of FCL being stored require construction of new storage facilities, you will also need to submit two copies of your plans. Your plans must include site and floor plans, sections and elevations (refer to Appendix 2 on page 11 for further information). The following minimum scales must be used on plans: Site plan - 1:200 (showing the location of the proposed installation in relation to on-site facilities, protected works and boundaries) Floor plan - 1:100 Sectional elevations 1:50 Mechanical ventilation plans 1: Where do I get the application forms? Application forms can be collected from any Council office. Telephone your Council for locations or to have an application form mailed out to you. 8. How do I lodge my application to Council? You can lodge your application: in person at the Council office/s via post. 9. What happens after my application is lodged? A Council officer will assess your application and, if further information is needed, Council will notify you. As a part of the application process, you will be contacted by a Council officer to arrange an inspection. This inspection will enable the Council officer to determine if the site is suitable before issuing the FCL Licence. If your application is successful, you will receive your FCL Licence and conditions. You are legally required to comply with these conditions. When you receive your FCL Licence and conditions, you must: read them carefully and make sure you understand what is meant 5 of 12

6 keep a copy of the licence and the conditions on-site on your premises make sure all employees understand the conditions (you may be held responsible for the actions of your employees) check your compliance regularly. Inform Council immediately if you discover that you are not complying with your licence. By doing this, you may avoid legal action and Council may be able to help you to fix the problem. 10. Are any other permits or approvals required from Council? Depending on the business you are operating, you may need to obtain other Council approvals. If you wish to apply for more than one approval, you now have the opportunity to make an Integrated Development Assessment System application. This means you only need to fill out one form and make one payment to Council. A pre-lodgement meeting is recommended to discuss your specific requirements. The following table lists other Council approvals that may be relevant to FCL premises. Approval Description Relevant Legislation Contact Building approval Required for all significant building works Building Act 1975 Private certifier look under Building Consultants in the Yellow Pages Plumbing approval Trade waste approval Operational works approval Development Approval Operator s Registration Certificate Advertising signs approval Required when installing sinks connecting to the sewer Required when discharging trade waste to the sewer Includes completing roadworks, storm water drainage and landscaping Checks that the location of an activity is in compliance with the City Plan May be required if you conduct an ERA on your site Required for some business signage Sewerage and Water Supply Act 1949 Sewerage and Water Supply Act 1949 Integrated Planning Act 1998 City Plan (Town Plan/Shire Plan) Environmental Protection Act 1994 Council s Local Law or City Plan (Town Plan/Shire Plan) Council Council Council Council Council Council 11. Are any other permits or approvals required from State Government? Your business may also require State Government approvals. You can check this by phoning SmartLicence on or by visiting or 6 of 12

7 You may also need to register your premises as a workplace with the Queensland Department of Employment and Industrial Relations (phone ). 12. What happens if I am operating without the required FCL Licence? If you are storing FCL in excess of the minor storage limits (refer to Appendix 1) without a licence, you are committing an offence. If you think you may be in this situation, contact Council immediately and we can help you with your application. Operating without the correct approvals could lead to prosecution. Individuals can be fined up to $1,500 for storing FCL without a licence. For corporations, this fine is multiplied by five. Note: any insurance policy may also be affected if you are not in compliance with all legislation, including all requirements of the Act and Dangerous Goods Safety Management Regulation What happens if I am not complying with the conditions of my FCL Licence? You are operating illegally if you do not comply with the conditions of your licence. This can result in fines of up to $1,500. Fines are issued when the facts are clear and when it is reasonable to expect compliance. Inform Council immediately if you discover that you are not complying with your licence. By doing this, you may avoid legal action and Council may be able to help you fix a problem. 14. More information You can find out more about FCL licensing by contacting Council. 7 of 12

8 8 of 12 Flammable and combustible liquids 15. Appendix 1 - Minor storage This table is identical to Table 2.1 in Australian Standard (The storage and handling of flammable and combustible liquids). Location Residential Building of any type Within a residence. In a garage attached to a dwelling with a 60/60/60 FRL rating separation wall Outdoors, or in a shed or garage, separated from the dwelling or any other building by 1m space... Outdoors, uncovered, or in a shed or garage, separated from the dwelling or any structure or boundary by either 3m of space or a wall having an FRL of 180/180/180 A supply tank for domestic oil-fired appliances installed in accordance with AS 1691 is excluded from any calculation of quantity stored on the premises. Educational establishments (excluding laboratories) For storage outdoors, or in sheds or attachments, the limits for the corresponding entry in residential building shall apply Laboratories (See notes 1,2 and 5) Commercial building Indoors Hospitals Indoors Factories, workshops Indoors 5L 25L 100L Flammable Liquids PGI PGII PGIII 5L per 50m 2 of floor space 50L per 50m 2 of floor space 10L per 50m 2 of floor space, but 5L for any tenancy of less than 50m 2 area 10L per 50m 2 of floor space 1L per 2m 2 of floor space with no more than in any 500m 2 area 25L 50L 10L per 50m 2 of floor space 100L per 50m 2 of floor space 25L per 50m 2 of floor space, but 25L for any tenancy of less than 50m 2 area 25L per 50m 2 of floor space 1L per 1m 2 of floor space with no more than 500L in any 500m 2 area Combustible Liquids C1, C2 50L total C1 and C2 100L total C1 and C2 500L total C1 and C2 500L total C1 and C2 500L total C1 and C2 per 50m 2 of floor space 200L total C1 and C2 500L total C1 and C2 per 50m 2 of floor space but 500L for any tenancy less than 50m 2 500L total C1 and C2 per 50m 2 of floor space 4L per 1m 2 of floor space with no more than 2000L in any 500m 2 area 50L Manufactured Products The limit for any manufactured product is the same as for a liquid of the same class In packages only 2000L

9 9 of 12 Flammable and combustible liquids Location At commercial buildings, factories, workshops, hospitals and warehouses Outside the building (a) in attached outhouses or sheds if separated by a partition having an FRL of 60/60/60 or (b) outside, or in a detached shed or outhouse separated from the factory or workshop by at least 1m.. Shops Warehouses Service Stations Indoors Service Stations Outdoors Open land Flammable Liquids PGI PGII PGIII As immediately above As immediately above 1 400L tanks not over 700L each, or in packages Combustible Liquids C1, C L 5000L As for factories and workshops (above) but no container for PGI or PGII liquid may exceed 20L capacity As for factories and workshops (above) but no container for PGI or PGII liquid may exceed 60L capacity 500L total in packages Any packages kept in a sales area shall be unopened packages not over 20L capacity 1 total in tanks or packages An additional 1000L in packages can be kept outdoors 3000L total C1 and C2 Manufactured Products Flammable products: 10000L, of which no more than 2000L are PGII, provided that storage is in closed packages, not to be opened except for tinting paint for immediate sale As for factories, workshops Outdoors above ground Underground tank(s) 5000L 5000L 5000L 5000L 10000L 10000L As for shops Construction sites 2500L 5000L 10000L As for shops NOTES: 1. In the case of laboratories, commercial buildings and the like, Table 2.1 is intended to cater for the day-to-day working stock in the laboratory or workroom. If these quantities are to be exceeded, it will be necessary to install a cabinet or major store facility according to the scale needed. 2. Laboratories that are constructed, operated and equipped in the form of a flammable liquid storage room and are used for the analysis of flammable liquids being processed are exempt from Table It is permissible to store at the same time in the same area, the maximum permissible allowance for each or all of the other packing groups of flammable liquids or classes of combustible liquids. 4. Where the maximum allowance is specified in terms of quantity per unit area, any arrangement which results in concentration at one point must be avoided. Such aggregation contravenes the intent of minor storage, which is dispersal, and proper storage provisions could be necessary. 5. Materials being analysed, used, mixed, blended or reacted upon on laboratory benches or in fume cupboards are exempt from the limitations of Table 2.1.

10 16. Appendix 2 - Example plans 10 of 12

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