The Dangerous Substances in Harbour Areas Regulations 1987

Precautions to be taken against fire or explosion

18.—(1) Where a dangerous substance may give rise to a risk of fire or explosion, every person engaged in the handling of that substance and both the owner and the operator of any berth on which that substance is kept or handled, shall observe all the precautions necessary for preventing, and for minimising the effect of, any such fire or explosion.

(2) Without prejudice to the generality of paragraph (1)–

(a) the owner of the berth shall ensure that adequate means for fighting fires are available;

(b) the berth operator shall ensure that adequately trained personnel are available sufficient to operate the fire-fighting equipment that would be required to provide first-aid fire-fighting appropriate to the type and quantity of the dangerous substance being loaded or unloaded;

(c) the operator and the owner of the berth shall ensure that ready access by the emergency services is abailable at all times to any vessel at a berth which is carrying, loading or unloading any such dangerous substance.

(3) No person shall smoke, use naked lights or any other source of ignition or carry any source of ignition within any area in which such activities have been prohibited by the harbour authority or the berth operator.

(4) In this regulation, “owner of the berth” means any person having overall control and management of the berth, and includes a lessee.