Flammable and combustible liquids
Licence guide
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 ...3
2. How does the Dangerous Goods Safety Management Act 2001 apply to me? ...3
3. Does my business require an FCL Licence? ...3
4. How do I apply for an FCL Licence for a new premises? ...4
5. How do I apply for an FCL Licence for an existing premises? ...4
6. How do I apply for a change to my FCL Licence for an existing premises? ...5
7. Where do I get the application forms? ...5
8. How do I lodge my application to Council? ...5
9. What happens after my application is lodged? ...5
10. Are any other permits or approvals required from Council? ...6
11. Are any other permits or approvals required from State Government? ...6
12. What happens if I am operating without the required FCL Licence? ...7
13. What happens if I am not complying with the conditions of my FCL Licence? ...7
14. More information ...7
15. Appendix 1 - Minor storage...8
16. Appendix 2 - Example plans ...10
This guide was initially developed by Brisbane City Council, and is recognised and adopted by participating Queensland Councils.
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 1940-2004 (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 http://www.legislation.qld.gov.au/OQPChome.htm or http://www.emergency.qld.gov.au/chem/legislation • telephoning Goprint on 1800 679 778 or 3246 3500.
3. 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 1940-2004 (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.
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 10,000-500,000L, 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.
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 – 1:50.
7. 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
• 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 Required when
installing sinks connecting to the sewer
Sewerage and Water Supply Act 1949
Council
Trade waste approval
Required when discharging trade waste to the sewer
Sewerage and Water Supply Act 1949
Council
Operational works approval
Includes completing roadworks, storm water drainage and landscaping
Integrated Planning Act 1998
Council
Development Approval
Checks that the location of an activity is in compliance with the City Plan
City Plan (Town Plan/Shire Plan)
Council
Operator’s Registration Certificate
May be required if you conduct an ERA on your site
Environmental Protection Act 1994
Council
Advertising signs approval
Required for some business signage
Council’s Local Law or City Plan (Town Plan/Shire Plan)
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 1300 363 711 or by visiting http://www.sd.qld.gov.au/smartlicence or http://www.sd.qld.gov.au/dsdweb/htdocs/slol/.
You may also need to register your premises as a workplace with the Queensland Department of Employment and Industrial Relations (phone 1300 369 915).
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 2001.
13. 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
15. Appendix 1 - Minor storage
This table is identical to Table 2.1 in Australian Standard 1940-2004 (The storage and handling of flammable and combustible liquids).
Location Flammable Liquids
PGI PGII PGIII
Combustible Liquids C1, C2
Manufactured Products
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.
5L 25L 100L 250L 25L 50L 250L 250L
50L total C1 and C2 100L total C1 and C2 500L total C1 and C2 500L total C1 and C2
50L 250L 250L 250L
Educational establishments (excluding laboratories)
For storage outdoors, or in sheds or attachments, the limits for the corresponding entry in residential building shall apply
5L per 50m2 of floor space
10L per 50m2 of floor space
500L total C1 and C2 per 50m2 of floor space
Laboratories (See notes 1,2 and 5) 50L per 50m2 of floor space
100L per 50m2 of floor space
200L total C1 and C2
Commercial building
Indoors
10L per 50m2 of floor space, but 5L for any tenancy of less than 50m2 area
25L per 50m2 of floor space, but 25L for any tenancy of less than 50m2 area
500L total C1 and C2 per 50m2 of floor space but 500L for any tenancy less than 50m2
Hospitals
Indoors
10L per 50m2 of floor space
25L per 50m2 of floor space
500L total C1 and C2 per 50m2 of floor space
The limit for any manufactured product is the same as for a liquid of the same class
Factories, workshops
Indoors
1L per 2m2 of floor space with no more than 250L in any 500m2 area
1L per 1m2 of floor space with no more than 500L in any 500m2 area
4L per 1m2 of floor space with no more than 2000L in any 500m2 area
PGI PGII PGIII Liquids C1, C2
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………..
250L
As immediately above
As immediately above
1 400L tanks not over 700L each, or in packages
2 500L 5000L
Shops As for factories and workshops (above) but no container for PGI or PGII liquid may exceed 20L capacity
Warehouses As for factories and workshops (above) but no container for PGI or PGII liquid may exceed 60L capacity
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
Service Stations
Indoors
1250L total in tanks or packages
Service Stations
Outdoors
500L total in packages
Any packages kept in a sales area shall be unopened packages not over
20L capacity
An additional 1000L in
packages can be kept outdoors
3000L total C1 and C2 As for factories, workshops
Open land
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 2.1. 3. 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.
