Petroleum-Spirit
(Storage) (Jersey) Regulations 2001
THE STATES, in pursuance of Article 8 of the Petroleum (Jersey) Law 1984,[1] have made the following Regulations –
Commencement [see endnotes]
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“fire-resisting”
means capable of resisting the action of fire for a period of not less than 30
minutes under conditions of test specified in British Standard 476 Parts 20 - 23 1987
- Methods for the determination of the fire resistance of materials of elements
of construction;
“Law” means the Petroleum (Jersey) Law 1984;[2]
“nominal capacity”
means, in relation to a container, the maximum volume of liquid at 20°C
that the container is intended to hold;
“road” means a
public road, any other road to which the public has access, a road administered
by the Housing Committee, any of the roads on the Rue des Prés Trading
Estate, a bridge over which a road passes, and a sea beach; and
“storage place”
includes a room, building or place of any kind, whether or not in the open air,
which is used or proposed to be used for keeping petroleum-spirit as fuel for
an internal combustion engine.
2 Exemption
from Law and application of Regulations
Subject as provided in these Regulations, the keeping and use of
petroleum-spirit by persons intending to use it as fuel for an internal
combustion engine and neither wholly nor partly for the purposes of sale, shall
be exempt from Articles 2 to 6 of the Law, but shall be subject to the
provisions of these Regulations.
3 Keeping
of petroleum-spirit
Petroleum-spirit shall not be kept otherwise than –
(a) in
a metal container so constructed and maintained in such condition
as –
(i) to
be reasonably secure against breakage or damage,
(ii) to
prevent the leakage of any liquid or vapour,
(iii) to
prevent any of the contents from escaping when subjected to the stresses and
strains of normal keeping and use and to have the means whereby
petroleum-spirit can be poured safely from it, and
(iv) is
in accordance with Regulation 5; or
(b) in
a plastic container which complies with paragraph (a)(i) - (iv), and, in
addition –
(i) is
made of suitable materials which are safe for the purpose and which ensure that
the performance of the container is not significantly diminished by exposure to
naturally occurring ultra violet radiation, and
(ii) not
being the fuel tank of an internal combustion engine, has a nominal capacity of
5 litres or less and a total capacity of at least 10% and not more than 15%
greater than the nominal capacity.
4 Storage
places
(1) Petroleum-spirit,
other than in the fuel tank of an internal combustion engine, shall not be kept
in a storage place which does not comply with the following
requirements –
(a) unless
the storage place is in the open air –
(i) it shall be
effectively ventilated to the open air, and
(ii) it shall have an
entrance direct from the open air;
(b) in
the storage place, or as near to it as is reasonably practicable, there shall
be kept sufficient fire extinguishing apparatus or material, of a type capable
of extinguishing fires occasioned by burning petroleum-spirit, as is
appropriate to the quantity of petroleum-spirit stored; and
(c) the
storage place shall not form part of, or be attached to, any building used as a
dwelling place, or as a place where persons assemble for any purpose,
unless –
(i) it is separated
therefrom by a fire-resisting floor or partition,
(ii) any openings in
the partition referred to in clause (i) are fitted with self-closing
fire-resisting doors, and
(iii) the petroleum-spirit,
in addition to that, if any, contained in the fuel tank of a internal
combustion engine, is kept in not more than one metal container of capacity not
exceeding 25 litres or 3 plastic containers.
(2) Not
more than 275 litres of petroleum-spirit shall be kept at the same time, in any
one storage place, including any petroleum-spirit contained in the fuel tank of
any internal combustion engine which is for the time being within the storage
place.
(3) Petroleum-spirit
shall not be kept in any container of capacity exceeding 25 litres, not being
the fuel tank of an internal combustion engine, unless –
(a) it
is kept in a storage place situated more than 5 metres from any building or
road; and
(b) provision
has been made by excavation or by the erection of retaining walls or otherwise
to prevent the petroleum-spirit from flowing out of the storage place.
(4) Petroleum-spirit
shall not be kept in any storage place situated within 5 metres of any
building, combustible material or other flammable liquid, otherwise
than –
(a) in
the fuel tank of an internal combustion engine; or
(b) in
not more than one other container of capacity not exceeding 25 litres.
(5) Not
more than 2 plastic containers of petroleum-spirit, in addition to the fuel
tank, if made of plastic, of an internal combustion engine, shall be kept in or
on any motor vehicle, motor boat or hovercraft or in any aircraft.
(6) In
addition to any petroleum-spirit kept by virtue of paragraph (5), in
addition to the fuel tank, if made of plastic, of an internal combustion
engine, not more than 2 plastic containers of petroleum-spirit may be
kept –
(a) in
any domestic premises, including the curtilage of such premises, provided that
the place that they are kept in is safe; or
(b) in
any other safe place, and for this purpose any 2 places not more than 6 metres
apart occupied by the same occupier shall be treated as one place.
5 Labelling
of containers
(1) A
metal container used for the purposes of keeping petroleum-spirit, not being
the fuel tank of an internal combustion engine, shall bear in conspicuous
characters the words “petroleum spirit - highly flammable”
indelibly marked on the container or, if that is impracticable, on a metal
label attached to it.
(2) A
plastic container used for the purposes of keeping petroleum-spirit, not being
the fuel tank of an internal combustion engine, shall bear legible, indelible
and durable marking showing –
(a) the
manufacturer’s name;
(b) the
month and year of manufacture;
(c) the
nominal capacity of the container in litres and half litres rounded down to the
nearest half-litre below;
(d) the
words and figures “Complies with SI 1982/630”;
(e) the
words “petroleum spirit - highly flammable”; and
(f) an
appropriate phrase or phrases in English indicating the precautions to be
taken.
(3) The
words on the container in accordance with paragraphs (1) and (2)(e) and (f)
shall be capable of being easily seen and read when the container is placed in
an attitude in which it might normally be expected to be placed and shall stand
out from their background so as to be readily noticeable.
(4) Any
label shall be securely fixed to the container with the entire surface of one
side adhering to it.
6 Use of
petroleum-spirit
(1) No
operation involving the exposure of petroleum-spirit shall be carried on in the
neighbourhood of any fire or artificial light liable to ignite flammable
vapour.
(2) A person
shall not repair or cause to be repaired any container in which, to the person’s
knowledge, any petroleum-spirit is
or has been kept until the person has taken all reasonable precautions to
ensure that the container has been rendered free from petroleum-spirit and from
any flammable vapour.
(3) No person
shall wilfully or negligently allow petroleum-spirit to enter into a sewer or a
drain communicating with a sewer.
7 Citation
These Regulations may be cited as the Petroleum-Spirit (Storage)
(Jersey) Regulations 2001.