BUILDING (OIL STORAGE INSTALLATION) REGULATIONS

BUILDING (OIL STORAGE INSTALLATION) REGULATIONS

B 7 LDING (OIL STORAGE INSTALLATIONS)
REGULATIONS

RY
ARRANGEMENT OF REGULATIONS

Regulation.................................. Page
PART 1

PRELIMINARY

1........Citation ............................ ... ... ... ... ... ... ... ... K 2
2........Interpretation....................... ... ... . ... ... ... ... ... . K 2

PART 11

DESIGN, CONSTRUCTION AND STANDING ADVISORY COMMITTEE

3. Oil storage installations to be designed and constructed to minimise risks of
pollution .......................... ... ... ... ... ... ... , - - K 3

4. Standing Advisory Committee ............ ... ... ... . . ... ... ... K 3

PART 111

LICENSING, OPERATION, INSPECTION AND MAINTENANCE

5. Licensing of oil storage installations .... ... ... ... ... ... ... ... ... K 4

6. Procedure for granting or refusing licences - ... ... ... ... ... ... K 4

6A................Operation of installations ... ... ... ... ... ... ... ... ... ... ... K 5
7. Expiry and renewal of licences ............ ... ... ... ... ... ... ... ... K 5
8. Inspection of tanks ....... 1 . ........ ... ... ... ... ... ... ... K 5

9. Restriction on use of tanks found to be defective ... ... ... ... ... ... K 6

10.....................Restriction on repairing of tanks ... ... ... ... ... ... ... ... ... K 7
11.....................Leaking tanks to be reported ... ... - ... ... ... ... ... ... K 7

PART IV

EXISTING OIL STORAGE INSTALLATIONS AND OFFENCES

12...................Existing oil storage installations ... ... ... ... ... ... ... ... ... ... K 7

13......................................Special provisions relating to licensing of existing oil storage installations ... K
8
14.......Offences ......................... . ... ... ... ... ... ... ... K 8

Schedule........................................ ... ... ... ... ... ... ... ... K 9





BUILDING (OIL STORAGE INSTALLATIONS)
REGULATIONS

(Cap. 123, section 38)

[1 May 1978.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Building (Oil Storage
Installations) Regulations.

2. (1) In these regulations, unless the context otherwise
requires-

'associated structures', in relation to an oil storage installation,
includes the foundations of such installation, its bunded area
and drainage system and any pipe-lines within the bunded area,
together with any receipt and issue pipe-lines to related jetties,
and any surface water or soil drainage system related to the
installation;

'bunded area' means an area completely surrounded by bund walls
or embankments for the retention of spillage from any tank
within the area;

'Code of Practice' means the Code of Practice for the Design,
Construction and Maintenance of Oil and Petroleum Feedstock
Installations published from time to time by the Building
Authority;

'existing oil storage installation' means an oil storage installation
and its associated structures being used for the storage of
oil and petroleum products at the commencement of these
regulations;

'licence' means a licence granted or renewed under these regula-
tions;

1icensee' means the holder of a licence;

,,oil and petroleum products' means crude petroleum or petroleum
feed-stock, and includes semi-refined petroleum and wholly
refined petroleum which is liquid or solid at ambient tempera-
tures and pressures;

,,oilstorage installation' means any tank having a capacity of
not less than 110,000 litres, or a group of tanks any one of
which is a tank having a capacity of not less than 110,000 litres,
constructed above ground level for the purpose of storing oil
and petroleum products;





,,operation instructions' means instructions relating to oil pollution
control in the operation and management of an oil storage
installation and its associated structures;

'permeability testing' includes laboratory and in situ tests for the
permeability of the materials used for the construction of the
floor of a bunded area;

'Standing Advisory Committee' means the Standing Advisory
Committee established by regulation 4;

'tank' means any static tank or reservoir used for the storage of oil
and petroleum products.

(2) The provisions of these regulations relating to any matter
shall be construed as being in addition to and not in derogation of
the provisions of any Ordinance or regulation relating to that
matter.

PART II

DESIGN, CONSTRUCTION AND STANDING ADVISORY COMMITTEE

3. (1) Every oil storage installation and its associated struc-
tures, and any alterations or additions thereto, shall be designed and
constructed to the satisfaction of the Building Authority so as to
minimise the risks of environmental pollution arising from or
associated with the storage of oil and petroleum products.

(2) An oil storage installation and its associated structures,
and any alterations or additions thereto, shall be deemed to be
designed and constructed in accordance with paragraph (1) if the
design and construction thereof comply with the Code of Practice.

4. (1) There is hereby established a Standing Advisory Com-
mittee to advise the Building Authority on such matters relating to
oil storage installations and associated structures as the Building
Authority may from time to time refer to the Committee, including
any of the following matters-

(a)matters relating to the prevention of environmental pollu-
tion arising from or associated with the operation of oil
storage installations and associated structures;

(b)the remedial work or other measures required to reduce the
risk of such pollution at any oil storage installation;

(c)the period, if any, in excess of 12 months for which an
existing oil storage installation may be used under regula-
tion 12 for the storage of oil and petroleum products
without a licence;

(d) the regular review of the Code of Practice.





(2) The Standing Advisory Committee shall consist of such
number of persons as the Building Authority may appoint to be
members thereof, and each member shall hold office for such period
as the Building Authority may in his discretion determine:

Provided that a member may resign at any time by notice in
writing addressed to the Building Authority.

(3) The Standing Advisory Committee shall meet as often as
may be necessary for the consideration of matters referred to the
Committee under this regulation or as the Building Authority may,
be notice in writing to each member, direct.

(4) The procedure of the Standing Advisory Committee shall
by such as the Building Authority may determine.

PART 111

LICENSING, OPERATION, INSPECTION AND MAINTENANCE

5. No person shall store or cause or permit to be stored any
oil and petroleum products in any oil storage installation without a
licence in respect thereof or otherwise than in accordance with the
terms or conditions of such licence.

6. (1) Application for a licence in respect of any oil storage
installation shall be made to the Building Authority in Form A
in the Schedule hereto and shall be accompanied by one copy of
the operation instructions for the installation and its associated
structures.

(2) Every licence shall be in Form B in the Schedule hereto.

(3) Subject to paragrah (4), the Building Authority may, upon
payment of a fee of $2,000, grant a licence to the applicant and may
impose such terms and conditions in respect thereof as he thinks fit.

(4) The Building Authority shall not grant a licence in respect
of an oil storage installation unless-

(a)the construction of the installation and its associated struc-
tures has been carried out in accordance with the Ordinance
and conforms to plans approved by the Building Authority
under the Ordinance;

(b)the installation and its associated structures have been
constructed in accordance with regulation 3 and tests have
been carried out in relation thereto to the satisfaction of
the Building Authority;

(c)permeability testing in respect of the installation and its
associated structures has been properly carried out in
accordance with the Code of Practice; and





(d)the operation instructions for the installation and its
associated structures are satisfactory to the Building
Authority.

6A. Every oil storage installation and its associated structures
shall be operated in accordance with the operation instructions
accepted as satisfactory by the Building Authority under regulations
6 and 7.

7. (1) A licence shall expire on the expiration of a period of
12 months from the date on which it is granted or renewed.

(2) Subject to paragraph (4), a licence may be renewed by the
Building Authority upon payment of a fee of $2,000.

(3) Application for renewal of a licence shall be made to the
Building Authority in Form A in the Schedule hereto not less than 2
months prior to the expiry of the licence, and shall be accompanied
by the documents referred to in paragraph ffl(c).

(3A) Every renewal of a licence shall be in Form B in the
Schedule hereto.

(4) Unless-

(a)any alterations or additions to the installation or its
associated structures carried out during the period for
which the licence is in force have been carried out in
accordance with the Ordinance;

(b)the Building Authority is satisfied with any change in
the operation instructions for the installation and its
associated structures; and

(c)there is submitted to the Building Authority in respect of
the application for renewal-
(i) a statement setting out the findings and recommen-
dations in each case from a registered structural engineer
that he has examined the records relating to the settlement
of all tanks in the installation during the 12 months
preceding the application; and
(ii) a record satisfactory to the Building Authority
relating to the settlement of all tanks in the installation
and its foundation during the 12 months preceding the
application,

the Building Authority may, after taking the advice of the Standing
Advisory Committee, refuse to renew a licence in respect of an oil
storage installation.

8. (1) The licensee of any oil storage installation shall cause
each tank in the installation to be inspected by or under the super-
vision of a registered structural engineer as follows-





(a)a general inspection shall be carried out internally not later
than the tenth year in the life of the tank, and thereafter an
inspection shall be carried out once in every fifth year after
the year in which such first-mentioned inspection is carried
out;

(b)an inspection of the external shell of the tank and of the
external joint between the tank shell and the bottom plates
thereof shall be carried out annually,

and, on completion of any such inspection, the registered structural
engineer concerned shall issue to the licensee a certificate of inspec-
tion, in such form as the Building Authority may determine, signed
by the engineer and setting out the results of the inspection and the
recommendations of the engineer, if any, as to the necessity for
repairs and the nature and extent thereof or whether the tank
inspected is in his opinion fit for continued use or as the case may
require.

(2) Notwithstanding paragraph (1), the Building Authority
may by notice in writing require any licensee to cause any inspection
referred to in paragraph (1) to be carried out at any time specified in
the notice.

(3) Every certificate of inspection issued to a licensee under
this regulation shall be delivered forthwith by the licensee to the
Building Authority.

9. (1) Where it appears to the Building Authority that a tank
in any oil storage installation is unfit for use or ought not in his
opinion to be used for the storage of oil and petroleum products, he
may serve or cause to be served upon the licensee a notice in
writing-

(a) requiring the licensee to empty the tank;

(b)prohibiting the continued use of the tank or restricting the
use thereof subject to any conditions specified in the notice.

(2) A notice under this regulation may contain such directions
and other requirements relating to the storage of oil and petroleum
products in the oil storage installation specified in the notice as the
Building Authority may think fit.

(3) In the event of a failure to comply with a notice given
under paragraph (1) the Building Authority may seize, remove and
detain any oil and petroleum products stored in the oil storage
installation.

(4) For the purpose of giving effect to any of the powers
conferred by this regulation, the Building Authority, and any
person authorized by him in writing may-

(a)enter, inspect and examine any place, building or oil
storage installation, and any part thereof, at all times by
day and by night;





(b)if he is of the opinion that an emergency exists or upon
giving notice in writing of an intention to enter, forcibly
enter any place, building or oil storage installation in order
to seize and remove any oil and petroleum products stored
in an oil storage installation.

10. (1) Except in the case of emergency, no person shall repair
or cause or permit the repair of any tank in an oil storage installation
without the written authorization of the Building Authority.

(2) In the case of emergency, the licensee of an oil storage
installation may cause any repairs necessary to reduce the risk of oil
pollution to be carried out on any tank in the installation without
the authorization of the Building Authority and shall, in any such
case, give written notice thereof to the Building Authority as soon as
possible after the commencement of the repairs.

11. Where the licensee of any oil storage installation has
reason to believe that any tank in the installation is leaking, he
shall-

(a)report the circumstances to the Building Authority in
writing; or

(b)in the case of emergency, take suitable remedial measures
forthwith to prevent oil spillage and to reduce the risk of
pollution and immediately report the circumstances to the
Building Authority in writing.

PART IV

ExISTING OIL STORAGE INSTALLATIONS AND OFFENCES

12. (1) Every existing oil storage installation may, notwith-
standing regulation 5, continue to be operated without a licence for
a period of 12 months from the commencement of these regulations
or, where the matter is referred to the Standing Advisory Committee
under regulation 4, for such extended period and subject to. such
conditions as the Standing Advisory Committee may recommend.

(2) Where it appears to the Building Authority that there is a
risk of pollution by oil spillage arising out of the operation of an
existing oil storage installation during the period or extended period
referred to in paragraph (1), he may, by notice in writing addressed
to the operator, direct that the remedial work or other measures
specified in the notice shall be carried out by the operator within the
period so specified.

(3) Where the operator of any existing oil storage installation
fails to carry out remedial work or other measures specified in a
notice under paragraph (2) in respect of that installation within the
period so specified, the provisions of paragraph (1) shall cease to





apply in relation to that installation until the remedial work or other
measures are carried out in accordance with the notice.

13. Notwithstanding regulation 6(4), the Building Authority
may grant a licence in respect of an existing oil storage installation
if-

(a)any remedial works or other measures specified in a
notice under regulation 12(2) in respect of the installation
have been carried out to the satisfaction of the Building
Authority;

(b)any tests or inspections required to be carried out in respect
of the installation have been carried out to the satisfaction
of the Building Authority and the results thereof are, in his
opinion, satisfactory; and

(c)there are submitted to the Building Authority record plans
and operating instructions in respect of the installation and
such plans and instructions are, in his opinion, satis-
factory.

14. (1) Any person who-

(a) contravenes any of the provisions of regulation 5;

(b)being a licensee, fails to cause to be carried out any
inspection required to be carried out by regulation 8 or
fails to deliver to the Building Authority any certificate of
inspection required to be delivered to him by regulation 8;

(c)being a licensee, fails to take suitable remedial measures in
compliance with regulation 11(b);

(d)fails to comply with any notice served on him by the
Building Authority under these regulations or to do or
omit to do any act required by such notice to be done or
omitted by such person with the time specified in that
behalf in the notice;

(e)wilfully causes or permits to be caused any oil spillage at
any oil storage installation which pollutes or is likely to
pollute the environment outside the perimeter of such
installation and its associated structures;

knowingly misrepresents any material fact, or supplies any
particulars which he knows or has reason to believe are
false, in respect of any plan, form, notice or operating
instructions under these regulations;

(g) fails to comply with the provisions of regulation 6A;

(h) negligently operates an oil storage installation,

shall be guilty of an offence and liable on conviction to a fine of
$100,000 and imprisonment for 2 years.





SCHEDULE [regs. 6 & 7.1
FORM A

BUILDING (OIL STORAGE INSTALLATIONS) REGULATIONS
Regulations 6(1) and 7(3)
Application for grant/renewal* of licence
............. 1 19
To the Building Authority,
IlWe* .................................. in accordance with

the provisions ' of the Building (Oil Storage Installations) Regulations hereby apply
for the grant/renewal* of a licence for storage of oil and petroleum products in the
oil storage installation at:
Lot No./Permit Area No.: ..........................................................................................
Address/Location: ......................................................................................................
2..........................(a) Name and address of the owner: ................... ............
*and operator: ..1 ......................
(b) Name and address of the operator: .......................................................
(if different from the owner) .......................................................
(e) Details of the tanks and class of contents:

TANK Year TANK Ye r
NUMBER Capacity Class NUMBER C'Pafi'y Class
BA- m 3 Built BA m Built

*The list is continued overleaf Total number of tanks:

(including any listed overleaf)
3. *The current licence will expire on ...............................................................

..........
Signature of Operator

* Delete whichever is inapplicable.





FORM A (Overleaf)

Section 2(c) (Continued)

TANK Capacity Year TANK Capacity Year
NUMBER MIClass Built NUMBER M'Class Built
BA- BA-





FORM B

BUILDING (OIL STORAGE INSTALLATIONS) REGULATIONS

Regulations 6(3) and 7(2)

Grant,'renewal* of licence

To: .......................................................... Office of the Building Authority
........................................................... Ref. No.: .........................................
........................................................... Date: ---------
In accordance with the provisions of the Building (Oil Storage Installa-
tions) Regulations 1 hereby permit the storage of oil and petroleum products in the
oil storage installation at:
Lot No./Pertnit Area No.: Installation No.: BA-
Address/Location: ......................................................................................................
2..........................(a) Name and address of the owner: ................................
*and operator: .........................
(b) Name and address of the operator: ........ ................................
(if difflerent from the owner) 1 ................. ..............
(c) Details of the tanks and class of contents:

TANK TANK
NUMBER Capacity Year Year
M~Class Built NUMBER C1nc'y Class Built
BA- BA-

*The list is continued overleaf Total number of tanks:

(including any listed overleaf)

3. This licence is granted/renewed* subject to the conditions stated in Building
Authority reference: ....................................................................................................
4. This licence is valid until ..............................................................................

.............. ...... 1
pro Building Authority.

c.c. D. of F.S.
- Delete whichever is inapplicable.





FORM B (Overleaf)

Section 2(c) (Continued)

TANK Year TANK ---~C~apacity
NUMBER Capacity Class NUMBER Class Year
BA- Built BA- M' Built
L.N. 75/78. L.N. 37/83. Citation. Interpretation. Oil storage installations to be designed and constructed to minimise risks of pollution. Standing Advisory Committee. L.N. 37/83. Licensing of oil storage installations. Procedure for granting or refusing licences. Schedule, Form A. Schedule, Form B. Operation of installations. L.N. 37/83. Exprity and renewal of licences. Schedule, Form A. L.N. 37/83. L.N. 37/83. Inspection of tanks. L.N. 37/83. Restriction on use of tanks found to be defective. L.N. 37/83. Restriction on repairing of tanks. Leaking tanks to be reported. Existing oil storage installations. Special provisions relating to licensing of existing oil storage installations. L.N. 37/83. Offences. L.N. 37/83.

L.N. 75/78. L.N. 37/83. Citation. Interpretation. Oil storage installations to be designed and constructed to minimise risks of pollution. Standing Advisory Committee. L.N. 37/83. Licensing of oil storage installations. Procedure for granting or refusing licences. Schedule, Form A. Schedule, Form B. Operation of installations. L.N. 37/83. Exprity and renewal of licences. Schedule, Form A. L.N. 37/83. L.N. 37/83. Inspection of tanks. L.N. 37/83. Restriction on use of tanks found to be defective. L.N. 37/83. Restriction on repairing of tanks. Leaking tanks to be reported. Existing oil storage installations. Special provisions relating to licensing of existing oil storage installations. L.N. 37/83. Offences. L.N. 37/83.

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