The principal aim of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 is to ensure that firefighters arriving at an emergency are warned of the presence of dangerous substances before they enter a site.
Large quantities of certain chemicals, gases, flammable liquids, oxidising materials, toxic substances or ammonium nitrate mixtures can create significant hazards during a fire or other incident. These hazards include rapid fire spread, explosion risk, toxic smoke or contaminated runoff, and serious difficulties in firefighting or rescue operations. Without advance information, firefighters may approach sites without the correct resources, tactics or personal protective equipment. This increases the risk of injury or death to firefighters and members of the public, and raises the likelihood of environmental harm.
By requiring formal notification and clear marking of qualifying sites, the Regulations support safer and more effective operational response. Merseyside Fire and Rescue Service uses the information to create and maintain Site Specific Risk Information and related operational data. This information is made available to Fire Control and to operational crews through the mobilising system and the Mobile Data Terminals carried on fire appliances.
Legal basis
The requirements are set out in the Dangerous Substances (Notification and Marking of Sites) Regulations 1990, as amended.
The Regulations require the person in control of a site to notify both the local fire and rescue authority and the relevant Health and Safety enforcing authority (normally the Health and Safety Executive or the local authority) when specified quantities of dangerous substances are present or are likely to be present.
“Dangerous substances” are defined by reference to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations and the European Agreement concerning the International Carriage of Dangerous Goods by Road. They include substances classified for carriage as flammable liquids or gases, oxidising substances, toxic substances, corrosive substances and certain other hazard classes.
From 6 April 2013, following the revocation of the Notification of Installations Handling Hazardous Substances Regulations, a specific requirement to notify the fire and rescue service of 150 tonnes or more of relevant ammonium nitrate mixtures was transferred into the Dangerous Substances (Notification and Marking of Sites) Regulations 1990. Relevant ammonium nitrate mixtures are defined as ammonium nitrate and mixtures containing ammonium nitrate where the nitrogen content exceeds 15.75 per cent by weight.
The fire and rescue authority is the enforcing authority for the marking requirements. The Health and Safety Executive (or the relevant local authority) remains the enforcing authority for the notification duty under health and safety law.
Failure to notify when required, or to display the required signs, is a breach of the Regulations and may lead to enforcement action.
Who must notify and the quantity thresholds
The person in control of any site in Merseyside must notify if the site has, or is likely to have, present at any one time:
• A total quantity of 25 tonnes or more of dangerous substances (as defined under the Carriage of Dangerous Goods regulations and the European Agreement concerning the International Carriage of Dangerous Goods by Road), or
• 150 tonnes or more of relevant ammonium nitrate mixtures (where the nitrogen content exceeds 15.75 per cent by weight).
Important notes:
• Quantities are assessed on a total site basis at any one time.
• If a material is both a relevant ammonium nitrate mixture and a dangerous substance (for example an oxidising fertiliser), the 25-tonne dangerous-substance rules apply and notification must be sent to both Merseyside Fire and Rescue Service and the Health and Safety Executive or local authority.
• Certain limited exceptions apply (for example some waste deposits and radioactive substances). These are set out in Schedule 1 to the Regulations and in current Health and Safety Executive guidance.
• Temporary fluctuations below the threshold do not normally require a new notification. Permanent cessation of the substances or a permanent reduction of the total quantity below the relevant threshold does require notification.
Information that must be provided in the notification
Written notification must include:
• The name and address of the person making the notification.
• The full postal address of the site.
• A general description of the nature of the business carried on, or intended to be carried on, at the site.
• A list of the classifications of any dangerous substances which are, or are liable to be, present.
• The date on which it is anticipated that a total quantity of 25 tonnes or more of dangerous substances (or 150 tonnes or more of relevant ammonium nitrate mixtures) will be present, or a clear statement that they are already present.
• For relevant ammonium nitrate mixtures: the total quantity at or above the 150-tonne threshold.
Where to send the notification in Merseyside
Merseyside Fire and Rescue Service directs information about the storage of chemicals under the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 to the Operational Planning and Policy Team.
Email address: operationalplanning&policyteam@merseyfire.gov.uk
Postal address (if required):
Merseyside Fire and Rescue Service Headquarters
Bridle Road
Bootle
L30 4YD
Telephone: 0151 296 4000 (ask for the Operational Planning and Policy Team)
This team processes operational risk information. The data is then quality-assured and formatted by the Operational Intelligence team, which maintains key risk datasets including Site Specific Risk Information. Site Specific Risk Information and related records are made available to Fire Control through the mobilising system and to operational crews on the Mobile Data Terminals fitted to fire appliances. This supports correct resource mobilisation, adherence to procedures, and the safety of firefighters.
You must also notify the Health and Safety Executive (or the relevant local authority) for any site that meets the 25-tonne dangerous-substances threshold. Contact details are available on the Health and Safety Executive website.
Site marking requirements
Sites that have 25 tonnes or more of dangerous substances present at any one time must display safety signs at such places as will give adequate warning to firefighters before they enter the site in an emergency. The signs must use the appropriate hazard warning symbol so that arriving crews are clearly alerted to the presence of dangerous substances.
An inspecting officer may also direct the display of additional location markings inside the site to highlight significant internal hazards. Marking is not required solely for relevant ammonium nitrate mixtures that fall only under the 150-tonne rule. However, if the material also qualifies as a dangerous substance under the 25-tonne threshold, the full marking requirements apply.
Changes that must be notified
You must notify Merseyside Fire and Rescue Service (and the Health and Safety Executive or local authority where applicable) of any of the following:
• The permanent cessation of the presence of the dangerous substances or relevant ammonium nitrate mixtures (other than on a temporary basis).
• The permanent reduction of the total quantity below the relevant threshold.
• Any change in the list of classifications previously notified.
How the information reduces operational risk
Accurate information submitted under the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 enables Merseyside Fire and Rescue Service to:
• Record site hazards in Site Specific Risk Information and mobilising systems.
• Ensure Fire Control and operational crews have advance warning of chemical, explosion, toxicity or other risks.
• Deploy appropriate resources, protective measures and tactics from the outset of an incident.
• Support multi-agency planning where sites also fall under other regulatory regimes, such as the Control of Major Accident Hazards Regulations.
This directly supports the Service’s statutory duties under the Fire and Rescue Services Act 2004 and the Civil Contingencies Act 2004 to gather and use relevant operational information for effective emergency response, thereby reducing risk to firefighters, the public and the environment.
Official government guidance and legislation
• Health and Safety Executive brief guide – Notification and marking of sites: A brief guide to an amendment to the Regulations (document reference INDG467): https://www.hse.gov.uk/pubns/indg467.htm
• Health and Safety Executive fuller guidance on the Regulations (document reference HSR29): https://www.hse.gov.uk/pubns/books/hsr29.htm
• The Dangerous Substances (Notification and Marking of Sites) Regulations 1990: https://www.legislation.gov.uk/uksi/1990/304/made
• Carriage of Dangerous Goods regulations and the European Agreement concerning the International Carriage of Dangerous Goods by Road (for determining which substances count as “dangerous substances”): available via the Health and Safety Executive dangerous goods pages and the current text of the European Agreement.
• Health and Safety Executive contact details and local office information: https://www.hse.gov.uk/contact/
Organisations should always consult the latest versions of the Regulations and Health and Safety Executive guidance, because substance classifications and definitions follow the current Carriage of Dangerous Goods framework and the European Agreement concerning the International Carriage of Dangerous Goods by Road.