Fire Protection
Procedure & Guidance
Illegal Storage of Petroleum in Domestic Premises
Ref
Issue/Revision Date
01/06/2011
Review Date
01/07/2014
Version
FS- NFG006
5.0
Introduction
This Note provides guidance for Fire Safety Inspectors (FSI) and Fire Officers (FO) on:  the course of action to be taken;
 their powers of entry when investigating complaints of the illegal storage of petrol in domestic
premises; and
 the Regulations concerning the transporting of seized petrol and samples taken as evidence.
Legislation
The Petroleum (Consolidation) Act 1928 (PCA)
Up to 15 litres of petrol can be kept for private use or sale provided it is kept in separate glass or metal
vessels each containing not more than 570 ml. In excess of this quantity, a licence must be applied
for. The P(C)A does not impose any requirements as to where the petrol (15 litres) may or may not be
kept. However, common sense would dictate that it is not kept in a dwelling house or flat etc.
Petroleum-Spirit (Motor Vehicles etc) Regulations 1929 (MVR)
Where a person needs to keep in excess of 15 litres of petrol for domestic or non-workplace use,
advantage can be taken of the greater allowances made under MVR as supplemented by the
Petroleum-Spirit (Plastic Containers) Regulations 1982 (PCR).
Note: A detailed explanation of the restrictions imposed and the quantities allowed under MVR and
PCR is given in the CFOA Information Note ‘Petrol Stored in Containers at Domestic and Nonworkplace Premises’1
Background Information
More often than not, the Fire & Rescue Service will be made aware of domestic storage by complaints
from concerned neighbours. Although the majority of complaints are usually genuine in nature, the
complainants will often assume that the containers are holding petrol when in fact it is auto-diesel
(derv) that is being kept for private use and sometimes for sale.
As the auto-diesel is a high flash-point liquid (>550C), there is no immediate fire/explosion risk and the
only action necessary will to be advise the occupier against keeping diesel (a flammable and
contaminating liquid) in a domestic property. If the property belongs to the local authority, then the
local estates manager should be informed. The police should be informed if it is suspected that the
diesel has been stolen. A licence is not required for the storage of diesel.
It is not unusual for people to keep petrol at or in a domestic premise or garage for the purpose of
refuelling lawnmowers and other small combustion engines.
Such storage is permitted subject to certain restrictions under MVR and PCR. These Regulations are
complex and are not immediately easy to understand, especially by members of the public; however,
in a domestic situation it is expedient to say that petrol can be kept in: 
2 x 10 litre metal containers marked 'Petroleum Spirit - Highly Flammable'. Strictly
speaking, the containers should be carried on a motor vehicle or a motorboat.

2 x 5 litre (approved plastic) containers. These can be in addition to the 2 x 10 litre metal
cans.
The petrol containers should be kept on the vehicle/vessel or in the building where the vehicle/vessel
is garaged. For obvious reasons, petrol must not be kept in a dwelling house or flat etc.
1
http://www.cfoa.org.uk/10038
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It should be borne in mind that the 1929 Regulations allow for up to 275 litres of petroleum-spirit to be
kept without a licence; provided that it is kept for use in an internal combustion engine and is not kept
for the purpose of sale. In some instances where a domestic property has an extensive garden or land
surrounding the house, it will be possible to keep quantities in excess of those listed above.
Powers of Entry
When responding to complaints of the illegal storage of petrol, FOs/FSIs will have to assess the
situation before and at the time of the visit to the address. If the complaint has not come via the police,
it is as well to liaise with the police, as the occupier may be known to them, in which case a joint visit is
essential. FOs/FSIs should also check the premises database to see if there have been any previous
complaints dealt with by the WYFRS.
FSI/FO should also be mindful that although they have automatic 'powers of entry' into domestic
premises where it suspected that petrol is being stored illegally; the initial approach should be to seek
the permission of the occupier to access and search a property. Where entry is refused steps can be
taken to apply to the local magistrate’s court for a warrant to search the property and seize any
illegally stored petrol2.
In exceptional circumstances where it is considered that an entry is gained without too much delay
FO/FSI can use their powers under section 20(2)(a) of the Health & Safety at Work etc Act 1974;
however, the decision to use S20(2)(a) powers should ,first, be agreed with the duty Principal Officer.
Action to be taken by FO/FSI
The actions to be taken where entry is gained and illegal storage is found will depend on the nature of
the storage and the quantity of petrol stored.
The immediate concerns must be for 'public safety' and if the FO/FSI is of the opinion that petrol
presents an imminent danger of serious personal injury, he/she should request the assistance of a
senior FSI or the Senior Petroleum Inspector who has powers under section 25 HSWA to seize the
petrol. If it is suspected that the petrol is stolen, the police can use their powers to remove and detain
the petrol. Whichever authority takes responsibility for the seizure, the petrol must be removed in such
a way that will not prejudice the safety of the public or the persons carrying out the transportation. The
detained petrol must, of course, be kept in a suitable and secure storage place where continuity of
evidence can be preserved; one of the former licensed petrol stores at fire stations being ideal3.
If the storage is illegal but does not present an imminent danger, the details should be recorded and
referred to the Petroleum Team for investigation/enforcement action.
Where the petrol is suspected to be stolen, the police should be notified if they are not in attendance
when the property is entered.
Transporting the Petrol
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
implement ADR4 in GB. ADR itself contains an exemption relating to carriage that is ancillary to the
employer’s (WYFRA) main activity5. The movement of the petrol from a place of seizure to a WYFRS
storage facility is allowed by that exemption. The maximum quantity that can be carried under the
exemption is 333 litres.
This exemption does not interfere with the employer’s general duties under sections 2 and 3 of the
Health & Safety at Work etc Act 1974, therefore the following precautions need to be taken:  the vehicle must be suitable for the purpose;
2
Section 18 of the Petroleum (Consolidation) Act 1928.
The safe storage of petrol is a statutory duty placed on the employer (West Yorkshire Fire & Rescue Authority)
by the Dangerous Substances & Explosive Atmospheres Regulations 2002
4 The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)
5 The main activity being the provision of a fire and rescue service
3
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
the containers must be in sound condition with a vapour proof cap so as to be suitable for the
safe carriage of petrol, e.g. 5 litre plastic containers complying with PCR, 20 litre gerry cans or
proprietary safety cans;
 the load must be stowed securely to prevent any movement during transit thereby reducing the
risks of accidental spillages;
 the driver must be trained in the fire/explosion and health hazards associated with petrol; and
 a fire extinguisher suitable for use on flammable liquid fires must be carried on the vehicle (the
driver training must cover the safe use of the fire extinguisher).
Note: There is an anomaly in the exemption insofar as the maximum capacity of the container
(package) is 450 litres; in practice this means that (in the unlikely event of the WYFRS utilising a 450
litre container) the maximum content of the container (per load/journey) would be 333 litres.
Transporting Evidence Samples
Where a FO/FSI takes samples of substances he/she believes to be petrol, the carriage of petrol from
the place of suspected illegal storage to a WYFRS evidence store is subject the ‘limited quantity
exemption’ of ADR2009 provided that the receptacles have a capacity of <3 litres and are placed in an
outer container. The use of 250ml sample bottles/jars carried in the sampling equipment box will meet
these (exemption) requirements.
Post Incident Actions
FOs/FSIs dealing with complaints of illegal storage must start and where appropriate complete a
'Complaints’ track on the premises database.
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