WorkSafe New Zealand has granted an exemption (SEP2404) to Flint Group NZ Limited from compliance with regulation 11.29(1) for their flammable liquids store [only in respect of the requirement for a building that is Type D storage specified in regulation 11.29(2)(d) to have a certain fire resistance rating for the building (as it applies to the walls, roof and doors)] of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to their flammable liquids store at 6 Burrett Avenue, Penrose, Auckland.
The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 on the basis that WorkSafe is satisfied that—
- the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to it; and
- the exemption is not inconsistent with the purpose of the Act as
- it is not practicable to comply with the prescribed fire resistance ratings for the ceiling and walls of the DG store as the engineering and business costs will be disproportionate to the risk associated with the non-compliance, which is mitigated by improved fire protection measures and other controls set on the proposed exemption; and
- it is not practicable to comply with the prescribed FRR for the unrated doors of the store as the required FRR isn’t available, but replacement of these doors in addition with the other conditions in this exemption will provide an equivalent level of safety.
- this is a situation where there is good reason to grant an exemption under section 220(1).
The exemption comes into effect on 22 September 2025 and expires on 22 September 2030 unless it is replaced sooner or revoked.
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