Building Bye-laws (Jersey) 2007: Consultation on Proposed Amendments

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A decision made on 9 October 2009 to issue a consultation paper on proposed amendments to Building Bye-laws (Jersey) 2007

Decision Reference: MD-PE-2009-0148
Decision Summary Title	Building Bye-laws (Jersey) 2007		Date of Decision Summary:	09/09/2009
Decision Summary Author:	Assistant Director Building Control		Decision Summary: Public or Exempt? )	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title	Proposed amendments to the Approved Technical Guidance published in support of the Part 3 requirements of Schedule 2 to the Building Bye-laws (Jersey) 2007.		Date of Written Report:	09/09/09
Written Report Author:	Environmental Protection Officer		Written Report : Public or Exempt?	Public
Subject: Proposed amendments to the Technical Guidance approved for the purposes of demonstrating compliance with requirements 3.6 (1) and 3.6 (2) of the Building Bye-laws (Jersey) 2007.
Decision(s): To issue a consultation paper outlining the proposals for public comment.
Reason(s) for Decision: To improve building standards and reduce risk of oil pollution incidents.
Resource Implications: Nil
Action required: A consultation paper to be submitted for public consultation.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Building Bye-laws (Jersey) 2007: Consultation on Proposed Amendments

REPORT TO

THE MINISTER FOR PLANNING AND ENVIRONMENT

3/09/6	10 September 2009

Proposed amendments to the Approved Technical Guidance issued in support of the Part 3 requirements of Schedule 2 to the Building Bye-laws (Jersey) 2007.

Purpose of the Report

To outline concerns regarding reported incidences of pollution resulting from leaks from domestic oil storage tanks, pipework and off-set fill pipes and make recommendations to amend the technical guidance published in support of the building bye-law requirements aimed at providing protection against pollution from oil storage tanks.

Oil pollution and the Island’s environment

The Island’s water resources support a diverse fauna and flora and are essential for the provision of safe and clean drinking water. It is therefore critical that the aquatic environment is protected against pollution.

Leaks from domestic oil tanks and leaks from pipework between the oil tank and the boiler are the most frequent cause of oil pollution in Jersey (one in three of all types of pollution incidents). Heating oil is extremely damaging to the aquatic environment and is often difficult and costly to clean up. Oil pollution can result in long-term environmental damage and loss of drinking water.

Approximately 40 oil pollution incidents, involving 8,000 litres of lost oil are attended by Environmental Protection each year. Three-quarters of these incidents could have been avoided if proper installation and subsequent care of oil tanks and pipework had been undertaken.

Generally, a leaking underground tank is less likely to be noticed than one sited above ground. It is very difficult to identify when a leak starts and, in many instances, the leak is only noticed by the owner when the tank is empty and the boiler stops working. The lost oil can contaminate soil, groundwater, and drinking water supplies.

General maintenance and visual inspection of tanks that are buried underground is greatly limited. Therefore damage, rusting and leaks can occur undetected.

Underground tanks can rust from external corrosion from contact with acidic soil or soil with high moisture content. Other reasons for failing underground tanks are installation damage, for example scratches or dents which can weaken tanks and increases vulnerability to corrosion.

A major cause of oil pollution reported to Environmental Protection is damage and leaks of pipework between the oil tank and the boiler. Since 2003, a total of 38 pollution incidents were caused by leaking pipework. Twenty two (three out of five) of these incidents were due to damage to underground pipework, whilst sixteen were from above ground pipework.

In 2007, a total of 1300 litres of oil was lost to the environment from two incidents involving leaking underground pipes. The quantity of oil lost almost doubled in 2008, when a total of 2500 litres of oil was lost from seven incidents. Leaks from underground pipes tend to go unnoticed and hence generally result in a larger volume of oil being lost to the environment.

Off-set fill pipes (permanent pipework that enables inaccessible fuel tanks to be filled) are a further concern. Off-set fill pipes are often inaccessible and overlooked with regard to maintenance. Approximately 1-2% of tanks are filled through an off-set fill pipe. Since 2003, eight incidents involving leaks from off-set fill pipes have occurred, with an average oil loss of 300 litres each.

Building Bye-law Requirements.

Building bye-laws aimed at reducing the risk of pollution from oil storage tanks were first introduced in 1997, and have been instrumental in improving standards in terms of the installation of oil storage facilities associated with buildings. However, as can be seen from the number of reported incidents above, more needs to be done to improve standards in this area. Preliminary discussions with representatives of the three oil distribution companies, boiler engineers involved in the provision of oil storage facilities and officers from Environmental Protection (who together comprise the ‘Oil Care Group’) have highlighted a need for the technical guidance published in support of the building bye-laws to be revised. The group has made suggestions on how this should be done and are of the opinion that the changes proposed are essential if the number of pollution incidents, particularly those from underground installations, are to be reduced.

Proposed amendments.

The amendments proposed are as follows:

Oil tanks and their associated pipework should be:

(a) Located as close as is feasibly possible to the property to which they supply, enabling pipework to be placed above ground and out of harms way.

(b) Pipework above ground must be securely attached to permanent structures (for example: a solid wall or building).

(c) In exceptional circumstance where a tank can not be situated close to a building and where no permanent structures exist for solid attachment (for example: across access ways) underground pipework is allowed.

Off-set fill pipes:

(a) Off-set fill pipes must be installed in accordance with current OFTEC guidelines and the Environment Agency PPG 27 (see reference 1 &2).

Installation of underground oil storage tanks (UST) and pipework.

To reduce the risk of pollution from UST consideration should be given to:

Pre-installation

The proximity to water receptors (wells, boreholes, streams etc) and their sensitivity
The geology and hydrogeology of the surrounding site
Groundwater conditions, such as pH and the potential for water ingress
The corrosive nature of soil and groundwater
The possibility of land movement
Historic activities at the site

Tank design and materials

Tanks must be made from a material of a recognised industry standard.
Tanks must be bunded i.e. double skinned.
Tanks must be fitted with an appropriate fail-safe alarm.

Installation

Tanks must be held in a sealed chamber constructed out of a durable and impermeable material.
Physical access to the tank is required to allow for tank inspection.
Records of installation must be kept by the installer and the owner of the tank for the duration of the life of the tank.
All underground oil tanks and pipework must be inspected annually by a qualified technician.
Records must be kept by the installer and owner/occupier, in the form of an inspection certificate.

Pipework

Preferably pipework should be constructed using UPP (polyethylene containment see reference 3) or similar.
Minimal joints should be used when pipework is installed underground.
It is a requirement for underground pipework to be double-skinned

References

1. Environment Agency PPG27 (www.fentex.co.uk/ppg/ppg27.htm). (www.environment-agency.gov.uk)

2. OFTEC guidelines (www.oftec.org).

3. UPP – (polyethylene containment) (www.upp.co.uk)

Recommendation

That the Minister:

Agrees to the publication of a paper inviting comment on the proposals outlined above, with a view to amending the technical guidance published in support of the bye-law requirements relating to the protection against pollution.

Written by:

Environmental Protection Officer.