Flint Group New Zealand Limited exemption from provisions of Health and Safety at Work (Hazardous Substances) Regulations 2017

WorkSafe has granted an exemption to Flint Group New Zealand Limited in accordance with section 220 of the Health and Safety at Work Act 2015 from compliance with regulation 11.30 of the Health and Safety at Work (Hazardous Substances) Regulations 2017.

The exemption is granted to the Flint Group New Zealand Limited by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 on the basis that WorkSafe:

  1. Is satisfied that the exemption sought is not broader than is reasonably necessary to address the matters that gave rise to it (pursuant to section 220(2)(a) of the HSWA); and
  2. Is satisfied that the exemption sought is not inconsistent with the purpose of the HSWA (pursuant to section 220(2(b) of the HSWA) subject to conditions to manage the flammability risks to workers and other persons; and
  3. Accepts the structure of the class 3.1 flammable liquids store plus the fire protection system as equivalent to a Type D store under the Health and Safety at Work (Hazardous Substances) Regulations 2017.

The annotated Site Plan by Origin Fire Consultants dated 31/05/2017 drawing number 16135A-FR01 rev D forms part of this decision.

The exemption is granted subject to the following conditions:

  1. The existing flammable liquids store must hold no more than 20,000 litres of class 3.1B and 3.1C flammable liquids. There must be no class 3.1A flammable liquids held in the store. There must be no more than 6,500 litres in plastic containers.
  2. The containers holding flammable liquids in the existing flammable liquids store must be:
    1. limited to package sizes of no more than 20 litres for class 3.1B and no more than 220 litres for class 3.1C substances;
    2. limited to package sizes of no more than 20 litres for plastic containers; and
    3. limited to storage racks no more than one rack above ground level.
  3. The plastic containers must be limited to storage racks no more than one rack above ground level.
  4. The walls of the existing flammable liquids store must maintain their current fire resistance rating of 180/180/180 minutes with no penetrations through the walls.
  5. The existing flammable liquids store must not have any doors opening into the interior of the building unless required for personnel escape. These doors must have a fire resistance rating of at least -/180/60 minutes fire resistance rating, must be self-closing in the event of a fire, and must be kept usually closed.
  6. The area inside and outside the existing flammable liquids store within 3 metres of the doors of the store, must be maintained clear of combustible materials.
  7. The west and east facing walls of the existing flammable liquids store must be maintain the existing parapets structure and height to adjacent roof lines.
  8. The foam fire protection in the existing flammable liquids store, the printing inks manufacture workroom and the canopy of the dispatch area must maintain current certification to AS/NZS 4541 Automatic Fire Sprinkler Systems.
  9. The foam fire protection must maintain a capacity of 80,000 litres, capable of delivering 15 minutes of foam to any of the printing inks manufacture workroom, the existing flammable liquids store or the dispatch area.
  10. Flint Group New Zealand Limited must provide a copy of this decision to any compliance certifier engaged to issue a location compliance certificate for its site at 6 Burrett Avenue (61 Walls Road), Penrose, Auckland.

This exemption is revoked if:

  1. there is a change to the layout in the annotated Origin Fire Consultants Site Plan drawing number 16135A-FR01 rev D dated 31/05/2017; or
  2. any of the conditions are not complied with.

The exemption takes effect on 31 January 2019 and expires on 31 January 2024 unless it is sooner replaced or revoked.

Flint Group New Zealand Limited exemption from provisions of Health and Safety at Work (Hazardous Substances) Regulations (PDF 208 KB)