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How do you search for a property that handles hazardous materials (service station, hazardous-materials warehouse)?

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浦松 丈二

浦松 丈二

代表取締役・宅地建物取引士(四葉不動産株式会社)

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A property that handles hazardous materials — petrol, paint, solvents, fuel — is governed first by how much you handle. The dividing line is the designated quantity: at or above it you need a mayoral installation permit and completion inspection (Fire Service Act Art. 11); one-fifth up to that quantity needs only a small-quantity notification under the municipal fire-prevention ordinance. Three things matter for the property: use-zone, structure/safety distance/clear space, and, for a former service station, underground tanks and soil. A licensed real estate agent in Bunkyo, Tokyo explains.

In short: for a property that handles hazardous materials (petrol, paint, solvents, fuel), the strength of the regulation turns first on how much you handle. The dividing line is the "designated quantity." A facility that stores or handles at or above the designated quantity (a manufacturing facility, storage facility or handling facility) needs a mayoral installation permit and a completion inspection (Fire Service Act Art. 11); one-fifth up to below the designated quantity is covered by a small-quantity notification under the municipal fire-prevention ordinance. Three things matter for the property — (1) the use-zone (a service station or hazardous-materials warehouse has its permitted zone and quantity fixed by Building Standards Act Art. 48 and Appended Table 2 and Enforcement Order Art. 130-9; quasi-industrial, industrial and exclusive-industrial fit); (2) structure, safety distance and clear space (separation from housing and schools, and open space around the site); and (3) for a former service station, checking the underground tanks and soil. The choice of property and the use-zone check are by our company (Yotsuba Real Estate Co., Ltd.); the permit-application documents by an administrative scrivener; building confirmation and change-of-use design by an architect; safety management of handling by a licensed hazardous-materials handler; and underground-tank and soil survey by a specialist survey firm — each engaged as an independent business entity, separately and directly. We provide property information only and do not judge whether a permit will be granted.

You want to use a former service station, or set up a warehouse or factory that stores paint, solvents or fuel — the first thing you need is to identify, in advance, a property that can handle hazardous materials. This article is for operators searching for such business property: what you can check from the property side before signing, set out from the Fire Service Act, the Order on the Regulation of Hazardous Materials, and the Building Standards Act, plus municipal materials. Investigation, selection and brokerage of the property are handled by our company as information; the feasibility of the permit and final conformity with facility standards rest with qualified professionals and the competent authority — the fire department, an administrative scrivener, an architect.

For a property that handles hazardous materials, from what quantity does regulation begin?

The starting point is the "designated quantity." Each item classed as a hazardous material under the Fire Service Act has a designated quantity fixed by Cabinet Order (Order on the Regulation of Hazardous Materials, Appended Table 3). The amount handled divided by the designated quantity is the "multiple of the designated quantity," and this multiple and quantity set the entry point of regulation.

Quantity bandRegulationProcedure
At or above the designated quantityFire Service Act (manufacturing/storage/handling facility)Mayoral installation permit + completion inspection (Fire Service Act Art. 11)
One-fifth up to below the designated quantity (small quantity)Municipal fire-prevention ordinanceNotification to the fire department (small-quantity storage/handling site)
Below one-fifth of the designated quantityIn principle outside the facility regulation— (general fire management applies separately)

The designated quantities of typical items are as follows. For several items, divide each by its designated quantity and add the results; if the total reaches one or more, it is treated as at or above the designated quantity.

Item (Class 4, flammable liquids)Designated quantity
Petrol (first petroleum, non-water-soluble)200 L
Kerosene / diesel (second petroleum, non-water-soluble)1,000 L
Heavy oil (third petroleum, non-water-soluble)2,000 L

So even within "a property that handles hazardous materials," the conditions differ clearly between a scale where a small-quantity notification suffices and a scale that needs an installation permit. Fixing the items and the maximum stored/handled quantity before deciding the property is the starting point. The overall picture of finding business property is at for those seeking business property, and setting up a base/office at office and business-premises property. For similar base properties, see property for industrial-waste transfer and storage and a skeleton property for a restaurant.

In which use-zone can you build a service station or hazardous-materials warehouse?

A building that handles hazardous materials is subject to the use restrictions of Building Standards Act Art. 48 and Appended Table 2. Appended Table 2 sets what may be built in each use-zone, and a building used for the storage or processing of hazardous materials is narrowed by zone according to quantity under Building Standards Act Enforcement Order Art. 130-9.

FacilityUse-zone that tends to fit
Service station (petrol station)Limited by quantity; residential-exclusive zones barred or heavily restricted, so in practice quasi-industrial, neighbourhood-commercial, commercial and industrial zones
Hazardous-materials warehouse (indoor storage, etc.)The larger the amount, the more it leans industrial; very small amounts may be built in category-2 residential, quasi-residential, etc.
Manufacturing / general handling facilityMainly quasi-industrial, industrial, exclusive-industrial

Note that the "quantity of hazardous materials" under the Building Standards Act is judged by a different yardstick from the designated quantity under the Fire Service Act. Building Standards Act Appended Table 2 and Enforcement Order Art. 130-9 narrow the zone by the maximum amount of hazardous materials that can momentarily exist in the work area. Because this differs in approach from the Fire Service Act permit categories (the multiple of the designated quantity), you check both against each other. Kyoto City's material likewise organises the relationship between use-zones and hazardous-materials facilities by quantity.

Residential use-zones do not suit a service station or hazardous-materials warehouse. Trouble with neighbours and environmental concerns arise easily, so in practice it is safer to search on the premise of quasi-industrial, industrial and exclusive-industrial zones.

What conditions attach to the property's structure, safety distance and clear space?

For a manufacturing/storage/handling facility at or above the designated quantity, the Fire Service Act and the Order on the Regulation of Hazardous Materials set technical standards for structure, equipment and siting. What matters at the property-selection stage is the following "site size and layout" conditions.

ItemContent
Safety distanceManufacturing facilities, indoor storage, outdoor tank storage, etc. must keep a certain distance from objects to be protected — housing, schools, hospitals, important cultural properties (Order Art. 9 and others). Housing about 10 m; schools/hospitals about 30 m
Clear spaceOpen space of a width matching the multiple of the designated quantity must be secured around the facility (for firefighting and to prevent spread)
Structure / equipmentNon-combustible materials, oil/liquid retention dikes on the floor, ventilation and firefighting equipment, standards for buried tanks below ground level, etc.
Service-station spaceA service station has its own standards, such as the fuelling space and dispensing space (Order Art. 17)

Safety distance and clear space are decided not just inside the building but by "how much margin the site can take." For the same floor area, a site with housing or a school nearby cannot meet the safety distance, and a cramped lot with no surrounding open space fails on the clear space. Property size is judged not by "does the building fit," but by whether it works including separation and open space.

Who takes the permit, in what order? (the fire department's installation permit and completion inspection; the roles of administrative scrivener, architect and hazardous-materials handler)

A hazardous-materials facility involves several professionals and the competent authority. Dividing the roles and order:

What to doWho
Property selection, use-zone check, brokerage, sale/lease contractLicensed real estate agent (Yotsuba Real Estate Co., Ltd.)
Preparation and submission of the installation-permit documentsAdministrative scrivener (Yotsuba Administrative Scrivener Office)
Review/conduct of the installation permit and completion inspectionFire department (mayor, etc.) — competent authority
Building confirmation, change-of-use design and applicationArchitect
Handling and safety management of hazardous materialsLicensed hazardous-materials handler (Class A/B/C)
Underground-tank and soil surveySpecialist survey firm

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The rough order is: (1) fix the items and maximum quantity; (2) check the property's use-zone, safety distance and open space; (3) apply for the installation permit and start construction only after it is granted; (4) after construction, undergo the completion inspection and use it only after conformity is confirmed. A facility at or above the designated quantity may not be installed without the installation permit (Fire Service Act Art. 11(1)) and may not be used until the completion inspection (same Art., para. 5) is passed.

These are independent business entities. You engage each directly. We neither pay nor accept referral fees or introduction commissions. The permit-application documents go to an administrative scrivener, building confirmation to an architect, handling safety to a hazardous-materials handler, and the soil/underground-tank survey to a specialist survey firm — each engaged by you directly. Consultation is free of charge.

When using a former service station for another use, what do you check for underground tanks and soil?

A former service station may have buried tanks and piping underground even with no building above. When converting it to another use, check the following before signing.

What to checkPoint
Presence/condition of underground tanksWhether the tank was removed at abandonment or filled with sand/mortar and left; leaving it changes the later works burden
Soil / groundwater contaminationHistory of contamination by oil, benzene, etc.; confirm through a specialist firm's survey (phase 1/2, etc.)
Buried objects / pipingWhether fuelling pipes, vent pipes and other buried objects interfere with the foundation work of the new use
Records of abandonmentWhether there is a use-abandonment notification (fire) of the hazardous-materials facility, or the completion-inspection certificate at abandonment

The underground-tank and soil survey and remediation are by a specialist survey firm; our company (real estate) handles interviewing on the property's history and connecting you to the survey firm, as information. We do not judge whether contamination exists or whether measures are needed. Signing without knowing the underground condition can bring unexpected removal and remediation costs later. It is safer to grasp the feasibility and cost of conversion through a survey before signing.

Who should you consult?

Investigation, selection, use-zone check, brokerage and the sale/lease contract of a property that can handle hazardous materials (service station, hazardous-materials warehouse, manufacturing facility, etc.) are handled by Yotsuba Real Estate Co., Ltd. (licensed real estate agent, Tokyo Governor (1) No. 113304). Preparation of documents submitted to public offices, such as the installation permit for a hazardous-materials facility, is handled by Yotsuba Administrative Scrivener Office. Building confirmation and change-of-use design are handled by an architect; the handling and safety management of hazardous materials by a licensed handler; and the underground-tank and soil survey by a specialist firm. Property and permits/facility standards are put on the same table.

Frequently asked questions

Q. Can I use a warehouse for hazardous-materials storage right after renting it?
A. Often not right away. To store or handle at or above the designated quantity, you need an installation permit and completion inspection (Fire Service Act Art. 11) as a manufacturing/storage/handling facility, meeting the use-zone, safety distance, clear space and structure standards. For one-fifth up to below the designated quantity, a small-quantity notification under the municipal fire-prevention ordinance suffices. Fix the items and maximum quantity before deciding the property.

Q. From what quantity is a permit required?
A. A permit is required at or above the designated quantity. Designated quantities are set item by item in Appended Table 3 of the Order on the Regulation of Hazardous Materials: petrol 200 L, kerosene/diesel 1,000 L, heavy oil 2,000 L as a guide. For several items, divide each by its designated quantity and add the results. One-fifth up to below the designated quantity is a small quantity, subject to notification under the municipal fire-prevention ordinance.

Q. Does any use-zone do?
A. No. A building that handles hazardous materials — a service station, a hazardous-materials warehouse — is narrowed in zone and quantity by Building Standards Act Art. 48, Appended Table 2 and Enforcement Order Art. 130-9. Residential-exclusive zones are barred or heavily restricted, and in practice quasi-industrial, industrial and exclusive-industrial are the mainstay. The Building Standards Act's "quantity of hazardous materials" is a different yardstick from the Fire Service Act's designated quantity, so check both against each other.

Q. Can you also prepare the installation-permit documents?
A. Documents submitted to public offices, such as the installation permit, are prepared by an administrative scrivener (Yotsuba Administrative Scrivener Office). Our company (real estate) handles property selection, the use-zone check and brokerage; building confirmation is by an architect, handling safety by a hazardous-materials handler, and the soil/underground-tank survey by a specialist firm. These are engaged separately as independent business entities.

Sources (primary)

Small-quantity notification and fire handling are set by each municipality's fire-prevention ordinance, and the need for and form of notification differ by municipality; check the local fire headquarters' guidance just before writing. Whether a building may be built within the use-zone, conformity of quantity/safety distance/clear space/facility standards, and the feasibility of the installation permit vary with the items, the quantity, the site conditions and the competent fire department's practice. This article does not assess any individual property or application. This article is general information; it does not judge or guarantee the suitability of any particular property or the grant of a permit. Investigation and brokerage, and the sale/lease contract, are undertaken by Yotsuba Real Estate Co., Ltd. (licensed real estate agent); preparation of the permit-application documents by Yotsuba Administrative Scrivener Office — independent business entities, engaged separately and directly. We neither pay nor accept referral fees.

About the author

Joji Uramatsu — licensed real estate transaction specialist (Tokyo Governor registration No. 293544) and administrative scrivener (registration No. 25087022). Representative Director, Yotsuba Real Estate Co., Ltd. (licensed real estate agent, Tokyo Governor (1) No. 113304); principal, Yotsuba Administrative Scrivener Office. Kohinata, Bunkyo, Tokyo, about five minutes' walk from Myogadani station. Property and the points of permits and facility standards are put on the same table. Full profile: author page.

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