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REPUBLIC OF RWANDA RWANDA UTILITIES REGULATORY AUTHORITY · 14o “Metering pump or Dispensing...

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Rwanda Utilities Regulatory Authority Petrol Service Stations Regulations 1| Page REPUBLIC OF RWANDA RWANDA UTILITIES REGULATORY AUTHORITY P.O BOX 7289 KIGALI, Tel: +250 584562, Fax: +250 584563 Email: [email protected] Website: www.rura.rw REGULATIONS N° 003/ENERGY/PSS/RURA/2014 GOVERNING THE CONSTRUCTION, INSTALLATION AND OPERATION OF PETROL SERVICE STATIONS ADOPTED BY THE REGULATORY BOARD OF RWANDA UTILITIES REGULATORY AUTHORITY
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REPUBLIC OF RWANDA

RWANDA UTILITIES REGULATORY AUTHORITY P.O BOX 7289 KIGALI, Tel: +250 584562, Fax: +250 584563

Email: [email protected]

Website: www.rura.rw

REGULATIONS N° 003/ENERGY/PSS/RURA/2014 GOVERNING THE CONSTRUCTION, INSTALLATION AND OPERATION OF PETROL SERVICE

STATIONS

ADOPTED BY THE REGULATORY BOARD OF RWANDA UTILITIES REGULATORY AUTHORITY

 

 

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TABLEOF CONTENT  CHAPTER I: GENERAL PROVISIONS  ...............................................................................................  5  

Article 1: Purpose of these Regulations  ...............................................................................................  5  

Article 2: Scope of these Regulations  ...................................................................................................  5  

Article 3: Definition of Terms  ...............................................................................................................  5  

Article 4: Objectives  .............................................................................................................................  8  

CHAPTER II: GENERAL REQUIREMENTS FOR CONSTRUCTION AND INSTALLATION OF A PETROL SERVICE STATION  .....................................................................................................  9  

Article 5: Plot Reserved for Construction of Petrol Service Station  .................................................  9  

Article 6: Location, Design and installation of Petrol Storage Tanks  ...............................................  9  

Article 7: Location and Design of Pipelines and Vent Pipes  ............................................................  10  

Article8: Dispenser and Pumping Facilities  ......................................................................................  10  

Article 9: Position of Road Tanker  ....................................................................................................  11  

Article 10: Control Point Bureau  ......................................................................................................  11  

Article 11: Minimum Distance of a property Line of Petrol Service Stations and  .........................  11  

Neighboring infrastructures  ...............................................................................................................  11  

Article12: Forecourt Construction  .....................................................................................................  12  

Article13: Surface Drainage  ..............................................................................................................  12  

Article14: Construction Material Selection  ......................................................................................  12  

Article 15: Electrical Installations  .....................................................................................................  12  

Article 16: Facilities Identification  .....................................................................................................  13  

Article 17: Requirements to upgrade a Petrol Service Station  ........................................................  13  

Article 18: Fire and Emergency Equipment  ......................................................................................  14  

CHAPTER III: OPERATIONS AND MAINTENANCE OF A PETROL SERVICE STATION  ...  14  

Article 19: General operation  .............................................................................................................  14  

Article 20 : Compliance with Rwanda Standards and Regulations  ................................................  15  

Article 21: Delivery and Storage Activities  ........................................................................................  15  

Article 22: Dispensing Operations  ......................................................................................................  15  

Article 23: Maintenance Activities  .....................................................................................................  16  

Article 24: Leaks detection  .................................................................................................................  16  

Article25: Spill management…………………………………………………………………………………………………………18  

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Article 26: Cease the construction, Upgrading or Operation of a Petrol Station Service  ............  17  

Article 27: Decommissioning of Petrol Service Station Facilities  ....................................................  17  

Article 28: Training for a petrol service station attendants  .............................................................  17  

CHAPTER IV: LICENSING REGIME AND LICENSE REQUIREMENTS  ...................................  18  

Article 29: General information for installation and operate a Petrol Service Station  ................  18  

Article 30 : Documents to accompany application for installation License  ....................................  18  

Article 31: Application for Operations License  ................................................................................  18  

Article 32: Licensee obligations  ..........................................................................................................  19  

Article 33 : Reporting hazards  ...........................................................................................................  19  

Article 34: Validity of installation license and operation License of Petrol Station Services  ........  20  

Article 35: License Renewal  ................................................................................................................  20  

Article 36: Reasons for rejection of License Application  .................................................................  20  

Article 37: Modifications and Transfer of License  ...........................................................................  21  

Article 38: Procedures for license transfer  ........................................................................................  21  

Article 39: License Revocation  ...........................................................................................................  22  

Article 40: Handling Complaints  ........................................................................................................  22  

Article 41 : Appeal on Installation and Operations Licenses matters  ..........................................  23  

CHAPTER V. MONITORING AND ENFORCEMENT  .....................................................................  23  

Article 42: License Monitoring Requirements  ..................................................................................  23  

Article 43 : License Enforcement Action  ...........................................................................................  23  

CHAPTER VI. TRANSITIONAL AND FINAL PROVISIONS  .........................................................  24  

Article 44 : Transitional period  ..........................................................................................................  24  

Article 45: License Interpretations  .....................................................................................................  24  

Article 46: Repealing provision  ..........................................................................................................  24  

Article 47: Commencement  .................................................................................................................  24  

ANNEX 1: Applicable Fees  .............................................................................................................  25  

ANNEX 2: Application for Granting, Renewal or Transfer of a License to Construct and Operate Petrol Service Station.  ......................................................................................................  26  

ANNEX 3: Petrol Service Station Installation License  .................................................................  29  

ANNEX 4: License for Operating a Petrol Service Station  ..........................................................  30  

ANNEX 5: Investment Process in Petrol Service Stations  ...........................................................  31  

ANNEX 6 : Site Planning for Petrol Service Stations…………………………………………….32  

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PREAMBLE Pursuant to Organic Law n° 04/2005 of 08/04/2005 determining the modalities of protection, conservation and promotion of the environment in Rwanda; Pursuant to Law n° 85/2013 of 11/9/2013 Law regulating petroleum and petroleum products trade in Rwanda; Pursuant to Law n°09/2013 of 01/03/2013 establishing Rwanda Utilities Regulatory Authority (RURA) and determining its mission , powers, organization and functioning ,especially in Articles 2,30; 8 ;10 ;20 ;37 ;47 and 48; Based on the recommendations made during the consultative meeting held respectively on 11/10/2012 and 15/10/2013 between RURA and different stakeholders involved in petroleum industry; The Regulatory Board, upon due consideration and deliberations in its meeting of 16/04/2014; HEREBY issues the following regulations governing the construction, installation and operation of petrol service stations in Rwanda;  

 

 

 

 

 

 

 

 

 

 

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CHAPTER I: GENERAL PROVISIONS

Article 1: Purpose of these Regulations The purpose of these regulations is to establish a regulatory framework for the construction, installation, operating and upgrading petrol service stations in Rwanda.

Article 2: Scope of these Regulations These regulations shall apply to any person carrying out or intending to carry out the activities related to the construction, installation, operation and upgrading petrol and bio-fuel service stations.

Article 3: Definition of Terms For the purpose of these regulations, terms below shall have the following meanings: 1o“API”: American Petroleum Institute;

2o “Building Permit”: a document authorizing a land document holder to construct a building on

an approved plot. This permit is delivered by “One Stop Centre” or a competent local authority;

3o “Dispenser”: a measuring system similar to a metering pump except that it does not

incorporate its own pumping system. It consists of one or more pumps, meters and one or more

hoses;

4o “Flash point”: the temperature for a flammable liquid at which sufficient vapor is released

from the liquid to ignite when a naked light is applied to it under standard test conditions;

5o “Forecourt”: an open area in a service station where automobiles stop to re-fuel;

6o “Hazardous area”:an area where flammable or explosive gas or vapor-air mixtures (often

referred to as explosive gas-air mixtures) are, or may be expected to be, present in quantities

which require special precautions to be taken against the risk of ignition;

7o “Hydrostatic testing”:the testing of pressure vessels such as fuel tanks, pipelines are tested

for strength and leaks by means of a pressure (pneumatic, water pressure);

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8o “ISO”: International Standardization Organization;

9o “Interceptor”:a unit installed in a surface water drainage system to separate out any petrol

and thus prevent it reaching public drains, sewers or water courses;

10o “Installation License”: a legal instrument issued by the Regulatory Authority granting the

rights and obligations to set up or install petrol service stations;

11o “Land document”: a legal instrument issued by a competent local authority indicating the

ownership of the plot;

12o “Leak detector system”:a system designed to detect pipes and underground tanks leakage.

13o “Licensee”: the holder of a license issued under these Regulations;

14o “Metering pump or Dispensing pump”: a measuring system designed to dispense liquid

fuel into fuel tanks. It contains its own pumping system to draw fuel from a supply tank or tanks;

15o “Non-Retail Petrol Service Station”: premises used, or intended for use, for dispensing

petroleum-spirit for use in motor vehicles, ships, but does not include any retail petroleum

service station;

16o “Nozzle”: a device for controlling the flow of fuel during a dispensing operation;

17o “Off-set filling pipe”: a filling pipe for a tank or tank compartment which leads from a tank

to a connection point for a road tanker delivery hose at some distance from the tank;

18o “OperationLicense”: a legal instrument issued by the Regulatory Authority granting rights

and obligations to operate a petrol service station;

19o “Person”: an individual, entity, firm, joint stock company, corporation including

Government Corporation, Partnership, Limited Liability Company or association;

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20o “Petrol”: stands for Gasoline, Diesel and Kerosene;

21o “PetrolService station”: premises at which petrol is dispensed into the fuel tanks of motor

vehicles or into containers and which may be operated in one of the following modes:

a) “Attendant operated”:A service station where an attendant directly operates and

controls the dispensing equipment and the discharge nozzle;

b) “Attended self-service”:A service station where customers operate the dispensing

equipment which is activated, supervised and may be shut off in an emergency by an

attendant in a control point;

c) “Unattended self-service”:A service station where dispensing equipment is activated

and operated by customers without supervision by an attendant;

22o “PVC”: Polyvinyl Chlorides;

23o “Remote pump”: an electrically driven suction pump assembly mounted above or adjacent

to a supply tank and remote from the dispensing facility;

24o “Retail Petroleum Service Station”: premises used, or intended for use, for dispensing

petroleum-spirit to the public for use in motor vehicles, ships or aircraft by way of sale;

25o “Regulatory Authority”: Rwanda Utilities Regulatory Authority (RURA) as established by

the law n°09/2013 of 01/03/2013;

26o “Residential area”: an apartment, hotels and households;

27o “RS”: a national standard which is the specification or code of practice declared by the

Rwanda Bureau of Standards;

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28o “Rwanda Standard Board”: the national institution in charge of standards development;

29o “Submersible pump”: an electrically driven pump immersed in the liquid fuel storage tank.

30o “Sensitive area”: national parks, rivers, streams, historical sites, areas of high ecological

nature, major aquifers, hospitals, schools and Churches;

31o “Upgrade”: relocation of existing storage tanks, installation of additional storage tanks,

replacement of storage tanks where there is an increase in total storage capacity, total demolition

and rebuilt of service station where there’s either increase in capacity or change of location of a

service station;

32o “Vapor balancing system”:a system which allows vapor displaced from storage tanks

during delivery of petrol from a road tanker to be directed to that tanker via a vapor return hose.

It ensures that there is minimal discharge of vapor to atmosphere and fuel loss during tanker

delivery.

Article 4: Objectives These Regulations shall have the following objectives: 1oTo ensure that all petroleum product are well stored and dispensed in all petrol service stations and bio-fuel servicestations ;

2o To set up a conducive environment for construction and operation of petrol and bio-fuel service stations;

3o Respect for the conditions of fair and loyal competition between operators;

4o To monitor and encourage petrol and bio-fuel service stations Licensees’ meet thereasonable expectations of the community for better service delivery.

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CHAPTER II: GENERAL REQUIREMENTS FOR CONSTRUCTION AND INSTALLATION OF A PETROL SERVICE STATION

Article 5: Plot Reserved for Construction of Petrol Service Station 1o Any plot planned for the construction of petrol service station shall be chosen taking into consideration the requirements of environment law, national building regulations, and other relevant rules, regulations and standards. 2o The minimum plot size shall be 900m2 for a petrol service station without a service bay and 1200m2 with a service bay.

Article 6: Location, Design and installation of Petrol Storage Tanks 1o The petrol storage tanks shall be located underground, clear of the foundations of buildings and not within sensitive areas and they shall be separated from forecourts. They shall be as minimum requirements; single walled of rolled carbon or mild steel plate or fibre-reinforced plastic material and shall comply with relevant international standards on petroleum equipment. 2o The locations of tanks with vent pipes, pipe works, fittings, pumps, dispensers, road tanker delivery stands and buildings shall be designed in accordance with the provisions of RS 744. 3o Underground mild steel storage tanks shall be designed, manufactured, inspected and tested in accordance with relevant international petroleum products equipment standards such as API 650, RS 144 -1 or any other standards adopted by the National Body having standards in their responsibilities. 4o To avoid corrosion, tanks shall not be placed directly in a clay soil as many clay accelerate corrosion, instead, tanks shall be placed on an inert material such as dry sand. 5o Each compartment of the tank shall be fitted with connections for filling, discharging and venting. The filling pipe shall be carried down inside the tank to not less than 400mm from the bottom of the tank.  

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Article 7: Location and Design of Pipelines and Vent Pipes

1o The pipelines from tanks to off-set filling points, metering pumps, dispensers and vent pipes shall be routed below the ground surface not under buildings or other obstructions at a depth of 300mm.

2o The vent pipes shall extend to a height greater than the maximum liquid level in any road tanker likely to deliver petrol to associated tanks and, in any case, not less than 3.5m aboveground level.

3o The off-set filling points shall be in the open air to ensure adequate ventilation for dispersing accumulations of vapor; and separated from occupied buildings. 4o Tubes for pipe work shall comply with RS 144 -1 or ISO 7-1, ISO 7-2 or any relevant international standards on petroleum equipment with respect to the thickness specified for medium tubes and, if intended for use with petrol, shall be protected against corrosion by petrol gauze wrapping together with a PVC outer wrap or suitable non-metallic material. 5o A check valve shall be fitted in each suction pipeline to restrain the fallback of petrol to the tank compartment between delivery operations or during prolonged shut down of the system; there shall be special consideration during overnight.

Article8: Dispenser and Pumping Facilities 1o All dispensers shall be of digital type and shall be calibrated by the national Body having standards in his attributions twice a year. They shall also be certified and installed in accordance with approved relevant standard on petrol products; their installation procedures must respect the manufacturer’s instructions. 2o The dispensers at unattended self-service stations shall include a limiting device designed to prevent a continuous outflow of petrol of more than 50 liters per one delivery. 3o After installation, before any operation is done, the dispensers and pumping units, hoses, nozzles together with associated valves shall be checked for leaks in the presence of the Regulatory Authority. 4oThe Dispensers shall be positioned so that vehicles can be parked easily in a convenient position alongside each dispenser without restricting the movement of other vehicles and the minimum distance between adjacent dispensers’ islands shall be 6m.

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Article 9: Position of Road Tanker 1oThe road tanker stand for delivering petrol into storage tanks shall be in the open, away from buildings, dispensing activities and emergency escape routes. It shall be large enough to allow a road tanker to be positioned wholly within it during delivery.

Article 10: Control Point Bureau 1oAny building intended for use as a control point at an attended self-service station shall be located where an attendant at the control point can exercise adequate supervision over dispensing activities. Article 11: Minimum Distance of a property Line of Petrol Service Stations and Neighboring infrastructures A minimum distance property line shall be as follows: 1o The distance of a property line of a petrol service station from the center line of the major arterial road (National Road) shall be not less than 22m; 2o The distance of a property line of a petrol service station from the center line of the minor arterial road shall be not less than 12m;

3o The distance of the property line of a petrol service station from the center line of any other category of road approved by the competent authority and/or depicted in the physical master plans shall be not less than half of the full road right of way;

4o The distance of a property line of a new petrol service station from sensitive areas shall be not less than 300m;

5o Any structure related with the petrol station shall be located a minimum of 50m from any residential building; only commercial use and industrial use will be permitted within this buffer zone in accordance with the zoning plan and guidelines of the specific location.

6o Petrol Service stations shall be sited at distance of not less than 1000m from each other on the same section of the single carriage road; this applies to either side of the dual carriage road;

7o No sitting of petrol service stations shall be allowed on road curves and bends and shall not be permitted adjoining residential areas. Car-washing and turbo-drying facilities are to be sited so as not to interfere with residential amenities.

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Article12: Forecourt Construction 1o The forecourt area subject to vehicular traffic shall be of macadam material type or reinforced concrete and designed in a way capable of supporting the anticipated weight and intensity of traffic area under the canopy shall be concrete.

Article13: Surface Drainage 1o Surface drainage of any area surrounding dispensers and road tanker delivery points shall be arranged to carry any spills or leaks of petrol, through trapped gullies or by channels, to petrol interceptors / oil-water separators before draining from the service station.

Article14: Construction Material Selection 1o Buildings shall be constructed generally of non-combustible materials and shall conform to the Rwanda Building Regulations. 2o Canopy structures shall be constructed of non-combustible materials and shall conform to Rwanda Building Regulations. Canopy shall have a minimum height of 5m.

Article 15: Electrical Installations 1oThe vent pipes and road tanker delivery stands shall be located away from the area beneath the overhead lines. 2oThe site shall be arranged so that there are no overhead power lines medium and high voltage or telephone lines. All electrical and electronic installations shall comply with the requirements of the RS 565-1 & RS 474 and any other health and safety requirements recommended for electrical installations as follows: 3o any device capable of emitting electromagnetic waves is installed, care shall be taken to ensure that it cannot induce a current or charge which could ignite a flammable material. 4o every dispenser circuit shall be provided with an isolating circuit breaker for disconnection from the source of electrical energy.

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5o the means of isolation required for individual dispensers, attended self-service service stations controlled from a central control point shall have at each point a means of disconnecting all other forecourt circuits. 6o Emergency stop shall be installed on every petrol station to switch off the whole electrical power supply in case of electrical incident.

7oThe service station site shall be supplied with electricity via underground cables suitably protected against mechanical and environmental damage and routed outside the hazardous areas as specified in RS 474. The back-up power supply shall not be located in the vicinity of the hazardous areas.

Article 16: Facilities Identification 1o Each tank shall be marked with an identifying number to distinguish it from any other tank. In the case of multi-compartment tanks, each compartment shall be marked with a separate number and type of fuel with specific color. The Dark color shall be for Kerosene, Yellow for Diesel and Blue for Gasoline 2o There shall be identification on dispensers’ panels and dispenser pumps, clearly marked the words to indicate the type of product dispensered as following:

1o Gasoline; 2o Diesel; 3o Kerosene.

3o The pump price shall be displayed and visible to customers in local currency and the volume of product dispensered in liters.

Article 17: Requirements to upgrade a Petrol Service Station 1o Any person intending to upgrade an existing petrol service station shall, before commencing of such upgrading, apply in writing to the Regulatory Authority for an authorization to do so; 2o The application under sub-section (1) shall describe the purpose and type of upgrading to be carried out including; number and capacity of tanks to be installed, features of any other new associated equipment or infrastructure as well as date of decommissioning; 3o All operations involved in upgrading a Petrol Service Station shall comply with the provisions provided under these regulations.

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Article 18: Fire and Emergency Equipment 1o At all petrol service stations, a supply of dry sand, foam or similar absorbent material shall be kept in a container with a close fitting lid and shall be installed in an accessible place within canopy area; 2o Emergency Management Plan; 3o And, other fire and emergency equipment, including but not limited to fire extinguishers, fire alarms which shall be available and accessible at the service station in an open space.

CHAPTER III: OPERATIONS AND MAINTENANCE OF A PETROL SERVICE STATION

Article 19: General operation Before the service station is brought into operation, it shall be inspected by the Regulatory Authorityto ensure that its condition is safe for public access and use. There shall be inspections to ensure that:

1o all initial tests of tanks, pipelines and fittings including electrical installations have been carried out and certified;

2o the site is clear of combustible materials;

3o all emergency equipment has been installed and working properly; all warnings and information notices are in place; 4o all marking and identification of tanks and associated equipment have been accurately carried out;

5o all drainage, interceptors and liquid waste treatment unit (where applicable) are installed and properly connected;

6o standards adopted in operations are kept at the station premises.

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Article 20 : Compliance with Rwanda Standards and Regulations

1o All safety and protection measures shall comply with the provisions prescribed in RS 144 -1. Levels of lighting appropriate to safe operations at tank filling points and dispensing equipment shall be provided during the hours of darkness or in other dark conditions;

2o The existing petrol service stations shall comply with provisions of these regulations with respect to operation and maintenance requirements.

Article 21: Delivery and Storage Activities 1o any service station with a vapor balancing system, care shall be taken to prevent release of petrol vapor at ground level;  

2o when connecting hoses prior to delivery of petrol, the vapor hose shall be connected before the delivery hose; 3o road tankers loaded with petrol shall have two hoses connected: one to take petrol into the tanker and another for collecting vapor displaced out of the tanker to the recovery unit where are converted into petrol, hence reducing losses; 4o on completion of the delivery operation, the vapor hose shall not be disconnected until the delivery hose has been discharged and disconnected; 5o automated tank gauging system shall be installed to underground tanks to avoid overflow of petrol; 6o tanks shall be filled to an acceptable safe filling level corresponding to approximately 90% of capacity.

Article 22: Dispensing Operations 1o Dispensing equipment shall be operated in accordance with the manufacturer’s instructions; 2o All electronic equipment transmitting signals (e.g. receivers, radios, mobile telephones) and engines of vehicles shall be switched off at the vicinity of dispensing equipment at a service station; 3o Petrol shall be dispensed only by means of dispensing equipment into the fuel tanks of engines or into appropriately marked or labeled portable containers suitable for keeping petrol;

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4o Containers shall be securely closed as soon as dispensing finishes and shall be removed from the dispensing area promptly; 5o Operators or petrol stations attendants shall always stay with the nozzle while refueling; 6o At an attendant operated petrol service station, the attendant shall not allow customers to operate the equipment with or without supervision. No operating attendant shall be under the age of eighteen (18) years.  

Article 23: Maintenance Activities 1o the licensee shall conduct regular maintenance of equipment as specified by the manufacturers; 2o the licensee shall conduct general maintenance of the tanks and their accessories on a five (5) year basis; 3o any modifications, significant repairs, removals or abandonments of tanks, tank compartments, pipelines, metering pumps, dispensers and associated equipment shall be carried out after being drained, free from fuel vapor and the above mentioned major works shall be under the control of the accredited competent technicians by the concerned Oil marketing companies together with the Regulatory Authority.  

Article 24: Leaks detection 1o Consistent leak detection on each underground tank, connected pipeline system and dispensers shall be performed at least once a day. Any suspected tank or compartment shall be subjected to an ullage test using water or a pressure test and any defective storage and dispensing system shall be taken out of service; 2o Any leaks or spills shall be prevented from escaping from the petrol service station premises. Small leaks or spills shall be cleared up promptly by the application of dry sand or other absorbent material; 3o Regularly monitor underground tanks and supply lines to detect leaks and apply installation of an automatic leak detection system.

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Article 25:Spill management 1o There shall be a written management plan for spill to ensure effective response to container spill and ensure that staffs are familiar with the plan; 2o Typical remote fill box incorporating spill containment shall be provided on the off-site filling points.

Article 26: Cease the construction, Upgrading or Operation of a Petrol Station Service When the Regulatory Authority determines that a person is engaged in the construction, upgrading or operation of a petrol service station without holding installation License or operation license; the Regulatory Authority shall direct cease that person from the construction, upgrading or operation unless or until that person request and obtain the permit / or license to do so.

Article 27: Decommissioning of Petrol Service Station Facilities 1o Any tank which has been removed from its excavation shall be disposed off safely and be filled with acceptable materials filler (Polyurethane foam); and the removal of pipe work shall comply with RS 144 -1; 2o The RegulatoryAuthority must be given fifteen (15) days’ notice in writing by the licensee or owner of the petrol service station informing about the intention of decommissioning the underground petrol tank.  

Article 28: Training for petrol service station attendants

A person intended to operate a petrol service station shall receive adequate theoretical training and practical instructions to ensure that he / she fully understand the hazardous characteristics of petrol, the operational and emergency procedures at the service station. The training of fuel dispensing attendants includes procedures of: 1o supervising the dispensing of flammable and combustible liquids; 2o taking appropriate measures to prevent sources of ignition from creating a hazard at dispensers; 3o taking action in the event of spill to reduce the risk of fire; 4o loading and off-loading procedures; 5o shutting off the power to all dispensers in the event of a spill or fire.

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CHAPTER IV: LICENSING REGIME AND LICENSE REQUIREMENTS

Article 29: General information for installation and operate a Petrol Service Station

1o Before any work on site starts and before operating any Petrol Service Station, an application shall be made to the Regulatory Authority;

2o The Regulatory Authority shall consider every application received and shall, if satisfied with the conditions prescribed under these regulations, grant within thirty (30) days the license for installation and fifteen (15) days for operation.

Article 30: Documents to accompany application for installation License

The application for a license to install, upgrade of petrol service station must be accompanied by:

1o A copy of the building permit issued by One Stop Center -Local Authority 2o A copy of An Environmental Impact Assessment (EIA) Certificate issued by Rwanda

development Board (RDB) and an approved EIA Report; 3o A business registration certificate from RDB; 4o Land document delivered by the local Competent Authority; 5o Business Plan of the applied business for five (5) years; 6o Detailed design in accordance with RS 144-1; 7o Site layout indicating adjacent properties, including sensitive areas and main roads  

Article 31: Application for Operations License Any person who intends to operate a Petrol Service Station in Rwanda shall apply for a license to the Regulatory Authority and the application for license shall be addressed to the Director General. All applications for license shall provide the following information:

1o A copy of the Installation license;

2o A copy of a valid “Oil Supply Agreement” with a person or company licensed to undertake wholesale business in petroleum;

3o A business registration certificate from RDB specifying that petrol service station is among business to carry out.

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4o Business Plan for five(5 )years;

5o Proof of payment of the application fee;

6o Any other additional information that may be necessary to enable the Regulatory Authority to make a decision regarding the issuing of the installation or operation license.

7o The Regulatory Authority may grant the installation license, operation license, license transfer within thirty (30) days from the date of submission of the application. Where the Regulatory Authority denies such application, he must notify to the applicant of such refusal within forty (40) days by specifying the reasons thereof.

Article 32: Licensee obligations The licensee shall operate and maintain the petrol service stations facility . By doing so, he shall comply with:

1o All national and international standards;

2o The Environmental Impact Assessment Guidelines;

3o The Occupational Health and Safety Guidelines; and

4o Laws and Regulations protecting the Customs in general

The licensee shall always:

1o Not allow loading or offloading on its premises petroleum road tankers carrying out petroleum products that do not comply with the requirements of petroleum quality standards;

2o provide to the Regulatory Authority all the required information as specified under these regulations;

3o Provide to the Regulatory Authority the Annual financial statement. Article 33: Reporting hazards

When reporting major or significant leaks and spillages to the Regulatory Authority, the Licensee shall clearly provide:

1o The location, address and date of the incident; 2o A brief description of events leading to the incident; 3o Any accidents and injuries to people or property; 4o The corrective action, if any, which was taken at the time; 5o The emergency services called that time like Police, the fire Ambulance or any other

emergencies dedicated for.

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Article 34: Validity of installation license and operation License of Petrol Station Services The validity of a license to install, upgrade a Petrol Station Services is for three (3) years while the validity of the operation Licence of a Petrol Service Station is five (5) year renewable.

Article 35: License Renewal 1o The Licensee must fill an application for any license renewal at least thirty (30) working

days prior to the expiration of the current license. The applicant shall also provide to the Regulatory Authority a copy of a valid oil supply agreement with a person licensed to undertake wholesale business in petroleum;

2o The license renewal proceeding shall be subject to the same procedures and approval criteria as an initial License application;

3° The Regulatory Authority shall, in such circumstances, issue the license not less than

seven (7) days prior to the license expiration.

Article 36: Reasons for rejection of License Application There shall be reasons for rejection of a license by Regulatory Authority when it is found that: 1o The application was incomplete and the requested information was not submitted within

the deadline set by the Authority; 2o The applicant failed to demonstrate the technical or financial capacity to carry out the

licensed activities; 3o the applicant and /or member of the applicant management has history of significant

criminal case, license violations for economic, Petrol service stations, or fraudulent acts within Rwanda or other countries;

4o the applicant failed to comply with the Regulatory Authority orders, information requests, or other decisions during a prior license term;

5o the applicant failed to pay outstanding regulatory fees to the Regulatory Authority as prescribed in the license;

6o The applicant is in, or about to enter, insolvency, bankruptcy or liquidation; or 7o Any other reason that the Regulatory Authority may find necessary to protect the Rwandan Citizen.

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The decision of the Regulatory Authority shall be notified to the applicant in writing in a period not exceeding thirty (30) working days and reasons for the decision taken shall be provided.

Article 37: Modifications and Transfer of License A license modification proceeding may be initiated by the Regulatory Authority or on request of the license holder. The Regulatory Authority may modify a license before the expiration of the license term when it determines that an amendment of the license is needed in order to respond to: 1o significant changes in the controlling laws or regulations, or significant court decisions

that directly affect the license provisions; 2o the inability of the license holder to comply with controlling license provisions due to

events beyond licensee’s control;

3o changes in the ownership or organizational status of the licensee;

4o significant non-compliance by the licensee with current license provisions, or other Authority rules, decisions or orders.

5o Modification and transfers of licenses, including the direct or indirect sale, assignment,

conveyance, lease or other transfer of assets or activities subject to a license to a different individual or institution shall be subject to a prior written approval of the Authority.

6o Such approval shall be granted after consideration of the matter and if the proposed

transferee meets all the conditions for granting the relevant license. 7o Failure to comply with such requirements shall amount to license suspension or

revocation.

Article 38: Procedures for license transfer 1o The license transfer proceeding is initiated by an application from the licensee. Until the

Regulatory Authority has issued an approval of the transfer, no licensee may attempt to transfer its license to another person;

2o The license transfer proceeding shall be conducted in the same manner as review of a license application. The transferee shall be considered as the applicant to assume the operational license. The duration of the license and the license terms and conditions shall

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remain the same, unless the license transferee requests a license modification as part of the transfer proceedings;

3o In the unusual circumstances where a licensee’s technical or financial status raises questions about security of supply for citizens of the Republic (e.g., in cases of financial insolvency);

4o the Regulatory Authority may, on its own initiative, commence a license transfer proceeding in order to ensure that a license is transferred to a third person, in order to provide secure supply for customers.

Article 39: License Revocation The license revocation proceeding shall be initiated by the Regulatory Authority or on request of the licensee. The Regulatory Authority may revoke the license before the expiration of the license term when it determines that revocation is needed in order to respond to:

1o licensee failure to comply with license terms and conditions; 2o licensee abandonment of license activities; 3o failure of the licensee to provide the Regulatory Authority with monitoring and reporting data required by the license or failure to cooperate with the Regulatory Authority inspection and audits; 4o licensee submittal of false or deliberately misleading data or information to the Regulatory Authority in response to the Authority request or in response to the Authority monitoring reporting inspection or audit requirements; 5o licensee failure to provide timely access to the Regulatory Authority or inspection or audit of licensee facilities and corporate records; 6o bankruptcy, financial insolvency or liquidation of licensee; and 7o licensee failure to pay the Regulatory Authority fees.

Article 40: Handling Complaints 1o The Regulatory Authority shall handle any the complaints for the sustainable operations

in downstream petroleum industry.

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2o The Regulatory Authority shall handle various types of complaints received from consumers or petrol service stations’ operators.

Article 41 : Appeal on Installation and Operations Licenses matters

Where the applicant is not satisfied with the decision of the Regulatory Authority refusing to grant the license; he/she may appeal before the competent Court. The Regulatory Authority decisions shall remain effective pending a final judicial decision on the appeal.

CHAPTER V. MONITORING AND ENFORCEMENT

Article 42: License Monitoring Requirements

1o The Regulatory Authority shall monitor the performance of each license holder for full compliance with all terms and conditions of the license;

2o The Regulatory Authority shall include terms and conditions in the license requiring licensee to report on financial, technical, organization and other data needed to allow the Regulatory Authority to effectively monitor license compliance to assure progress toward a competitive marketplace;

3o The Regulatory Authority may also perform physical inspections of the license holder’s facilities and corporate records on license holder’s premises. These inspections may be conducted on an announced and unannounced basis.

4o The inspections and audits shall be conducted during normal business hours, except when the Regulatory Authority has a reasonable basis to believe that non-compliant activities occurring outside of normal business hours.

Article 43: License Enforcement Action 1o If the Regulatory Authority determines that the licensee has failed to comply with any

term or condition of the license, the Regulatory Authority shall send a written warning to the licensee including a deadline for correction of the alleged license violation.

2o If the license holder, after receipt of the warning from the Regulatory Authority, does not

cure the alleged non-compliance, the Regulatory Authority may proceed for further sanctions which may consist of monetary sanctions not exceeding five million(5,000,000 Rwf), license modification or revocation .

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CHAPTER VI. TRANSITIONAL AND FINAL PROVISIONS

Article 44: Transitional period 1o Any person willing to construct, upgrade or operate a petrol service stations shall comply

with the provisions provided under these regulations. 2o Any other person who commences construction, upgrading a petrol service stations after

the effective date of these regulations shall submit an application for construction permit or an operation License in due form prior to commencing such activities.

Article 45: License Interpretations Upon the request and in appropriate circumstances, the Regulatory Authority may, at its sole discretion, provide an interpretation of these Regulations to assist the licensee or license applicant in ensuring its compliance with these regulations.

Article 46: Repealing provision All prior provisions contrary to these regulations are hereby repealed.

Article 47: Commencement These regulations shall come into force on the date of approval and signature by the Regulatory Board.

Done on 16 /04 / 2014

Eng. Coletha U. RUHAMYA

Chairperson of the Regulatory Board

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ANNEX 1: APPLICABLE FEES S/N Type Amount

(USD) 1 Application fee 100 2 Installation license: 100 3 Operation license 1000

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ANNEX 2: APPLICATION FOR GRANTING, RENEWAL OR TRANSFER OF A LICENSE TO CONSTRUCT AND OPERATE PETROL SERVICE STATION.

Grantingp Renewalp Transferp

A. APPLICANT’S DETAILS

p Individual pCampanypCooperative pOther

Name of the Individual , Cooperative or the Company :

Business Registration No :

Details of Judicial and Legal Company or Cooperative Representative Title:……………………………………………Full Name:…………………………………………….. ID No. / Passport No.:………………………………... Position Held:…………………………………………. Contact Address:……………………………………... E-mail Address:……………………………….……… Phone:………………………………………………… Address of Petrol Station Premises: Province:…………………………………………..District:……………………………………………. Sector:…………………………………………….Cellule:……………………………………… To be filled if application is made by an Individual

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Title:……………………………………………………… Full Name:…………………………………………….. ID No. / Passport No.:………………………………… Position Held:……………………………….…….…. Contact Address:……………………………..……… E-mail Address:……………………………………… Phone:………………………………………… ……… Business Registration No.:…………………….…… Address of Petrol Station Premises: Province:………………………………………….. District:……………………………………………. Sector:……………………………………………. Cellule:……………………………………………..

B. LICENSING HISTORY OF THE APPLICANT Has the Applicant or any of its shareholder / his promoter been previously licensed by the Regulatory Authority? Yesp Nop If Yes, Licensee’s Name

Activity License No.

1…………………………… 2……………………………… 3…………………………

…………………………… …………………………… …………………………

……………………………… ……………………………… ……………………………

Details of previous License Holder: Title:……………………………..

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Name:……………………………………….. ID No. / Passport No:…………………………… Business Registration No.:…………………… Address: Phone:……………………………………………. E-mail address:……………………

C. DECLARATION BY APPLICANT I, the undersigned applicant, hereby confirm that to the best of my knowledge, the information contained in this application is true and correct, and that it represents accurately the data being requested. I undertake to inform the Regulatory Authority of any change in the information contained in this application, and I authorize the Regulatory Authority to carry out the necessary investigations in order to verify this information. I understand that with the grant of the license I am automatically being subjected to the conditions listed in the regulations. I understand that the Regulatory Authority shall not be precluded from taking action in the event that the licensed premises are not kept in accordance with the standards and regulations provisions or any material alteration is carried out without prior consent of the Regulatory Authority. Name in full:………………………..……………………..……………. Signature:…………………………………Date:………………………..

D. FOR OFFICE USE ONLY Date Received : ……………………………… by:………………………………………… Post Held:………………………………………….. Signature:…………………..

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ANNEX 3: PETROL SERVICE STATION INSTALLATION LICENSE

Permit is hereby granted to …………………………………………………………..………

Of P.O. Box………………………………………………to carry on Petrol service station construction works.

On premises situated at Plot No: ………………………………………………………..……

Sector…………………………………………………………………………………………….

District…………………………………………………………………………………………...

Province …………………………………………………………………………….…………..

This license expires on: ………………………………………………………………………...

Dated …………………………………………………………………………………….….….

Signature ……………………………………………………………………………….……….

(SEAL)

Director General ………………….

Dated the ……………… day of……………….20 …...

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ANNEX 4: LICENSE FOR OPERATING A PETROL SERVICE STATION

License is hereby granted to ………………………………………………………………

Of P.O. Box………………………………………………to carry on Petrol service station operations

On premises situated at Plot No: …………………………………………….……………..…

Building……………………………………………………………………………………….….

Sector: ………………………………………………………………………………………...…

District: ……………………………………………………………………………………….…

Province: …………………………………………………………………………….……….….

This license expires on: …………………………………………………………………………

Dated ………………………………………………………………………………………….….

Signature ………………………………………………………………………………………….

(SEAL)

Director General ………………….

Dated the ……………… day of……………….20 …...

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ANNEX 5: INVESTMENT PROCESS IN PETROL SERVICE STATIONS

Step 1: BUSINES REGISTRATION

• Information and guidelines about Investing in Petrol Station Services • Business registration

Outcomes =Certificate of domestic business registration

Step 2: BUILDING PERMIT

• Land documents • Environment Impact Assessment • Detailed design in accordance with RS 144-1

Outcomes =upon approval, a building permit is issued

Step 3: INSTALLATION LICENSE

• Copy of The Construction Permit (from OSC) • Copy of EIA report and certificate • Detailed design in accordance with RS 144-1 • Business Plan 10 years (for economic and financial analysis) • Site lay out

Outcomes =upon approval, an installation license is issued

Step 4: PROJECT REGISTRATION

• Copy of the Installation License • Business Plan • Condition: Project Cost above $150,000 (for local) or $250,000 (for foreign)

Outcomes =Issuance of Investment Certificate

Step 5: OPERATION LICENSE

• Copy of the installation license • Copy of a valid ‘’Oil supply agreement’’ with a licensed person or company to

undertake wholesale business in petroleum • Copy of Business registration certificate from RDB • Business plan for 5 years

Outcomes =upon approval, an operational is issued

RDB

OSC/ KCC

RURA

 

RDB

RURA

6 hours 30 D

ays 30 D

ays 1 D

ay 15 W

orkingDays

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ANNEX 6: SITE PLANNING FOR PETROL SERVICE STATIONS A petrol station is a development which is involved in the sale of fuel for motor vehicles. The petrol station can also include a range of other facilities such as: minor repairing and servicing of vehicles, retail outlets, and car wash and tire service facilities. Petrol stations are usually free-standing developments.

Petrol stations are conditional uses in most residential and commercial uses and are allowable uses in industrial zones.

Criteria for Development of Petrol Stations Remarks

1.0 USES

1.1 Mandatory Uses Public toilets (minimum of 3 toilets)

• One for Gents; • One for Ladies; and • One for People with Disabilities (PWD’s)

1.2 Permitted Uses • Petrol Station • Minor Vehicle Repair and Servicing • Tire service facilities • Car wash • Retail Outlets

• Maximum allowable quantum for retail is 15% of the approved GFA or 150 m2 whichever is lower.

• Preparation, processing and cooking of food as well as serving of alcohol are not permitted within the site.

1.3 Prohibited Use • Residential • Commercial Offices • Industrial Uses • Civic Facilities

1.4 Ancillary Use Office, Store and compressor room associated with the functioning of the petrol station

Maximum allowable quantum for ancillary uses is 10% of the approved GFA.

1.5 Minimum Lot Size • 900 m2 for a petrol station without a service bay, • 1200 m2 for a petrol station with a service bay

1.6Plot location From the boundary of the petrol station site (900m2 and/or 1200m2):

• At least 100m from the road junction, • At least 1000m from other petrol station on the

same carriage way, • At least 300m from sensitive area, • At least 50m from residential buildings

2.0 COVERAGE

2.1 Maximum Building • 50% of the Site Area

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Coverage

2.2 Minimum Landscaping

Coverage

• 10% of Site Area (may be distributed along the boundary of the plot where applicable)

2.3 Maximum Floor Area Ratio (FAR)

• Maximum FAR of 0.5

2.4 Minimum width frontage • 30 m

2.5 A buffer strip • Length: 12 m (min) • Width: 3 m (min)

2.6 The minimum Entry and Exit

width

• 9 m

3.0 BUILDING

3.1 Maximum Number of

Floors

• Single Storey

3.2 Maximum height of any

building

• 5m

3.3 Building Form • Free standing

4.0 BUILDING SETBACK (Minimum)

4.1 Location of structures related to the service petrol station

• Dispenser pumps: o Front: 7 m (min) o Sides: 3 m (min)

• Filling points: o Front/Back: 3m (min) o Side: 3 m (min)

• Underground tanks: o Sides: 2.5 m (min)

• Canopy: o Front: 4m (min) o Sides: 3 m (min)

• Vapor Vents: o All sides: 2 m (min)

• Sales building: o All sides: 3 m (min)

• Filling pumps to sales building/ancillary buildings (service bay,..): 6m (min)

5.0 PARKING

5.1 Location Required parking stalls shall be provided within the lot boundary

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5.2 Surfacing Parking shall be hard surfaced and provided with adequate drainage

5.3 Minimum Required Parking

Stalls

• Service station without a service bay: 3 parking stalls

• Service station with a service bay: 5 parking stalls

5.4 Disabled Parking • N/A

5.5 Minimum Dimensions • 90 degree • 2.5 m x 5.0 m stalls • 5.5 m travel aisle • Angled parking permitted

6.0 SIGNAGE

9.5 Permitted • One petrol station identification sign shall be permitted in the buffer strip at 2m minimum from the road boundary

• Maximum height from the ground level: 6m max

9.6 Prohibited The following signs are prohibited:

• Roof mounted signs • Off site signage

9.8 Lighting • Public lights must be installed for the security purposes

7.0 LANDSCAPING AND RECREATION

10.1 Minimum Width • 3m minimum along the plot boundary where applicable

8.0SECURITY AND SAFETY

8.1 Firefighting All measures for firefighting management have to be in place (equipment for fire detection and suppression and emergency evacuation plan)

8.2 Security Building insurance, CCTV cameras and a security company have to be in place during operational phase of a service petrol station

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ANNEX 7: SAMPLE SITE PLANNING SIMULATION

 

 

 

 

 

 

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ANNEX 8: SAMPLE SITE PLANNING SIMULATION

 

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