878
THE NEW ZEALAND GAZETTE.
[No. 26

Regulations under the Explosive and Dangerous Goods Amendment Act, 1920, to take effect as By-laws within certain specified Boroughs.

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CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this 24th day of March, 1928.

Present:

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN COUNCIL.

WHEREAS the Minister of Internal Affairs, in pursuance of the powers conferred on him by section fifteen of the Explosive and Dangerous Goods Amendment Act, 1920, did by several requisitions each dated the twentieth day of June, one thousand nine hundred and twenty-seven, require the several Borough Councils mentioned in the First Schedule hereto, being licensing authorities under the said Act, to alter their respective by-laws made pursuant to the said Act:

And whereas the said Borough Councils did not within three months from the respective receipt of the said requisitions alter their said respective by-laws in the manner required by the said requisitions:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in pursuance and exercise of the powers conferred on him by section fifteen aforesaid, doth hereby make the regulations set forth in the Second Schedule hereto, to give effect to the said respective requisitions.

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FIRST SCHEDULE.

BOROUGH COUNCILS.

Christchurch (City of). Newmarket.
Devonport. Onehunga.
Mount Albert. Takapuna.
Mount Eden.

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SECOND SCHEDULE.

REGULATIONS TO TAKE EFFECT AS BY-LAWS.

1. In the following by-laws, if not inconsistent with the context, —

“Approved” means approved by an Inspector:

“In bulk,” as applied to liquid dangerous goods, means such goods stored or kept in receptacles of a capacity greater than 90 gallons:

“Inspector” means an officer appointed by the Council for the purposes of the Explosive and Dangerous Goods Amendment Act, 1920:

“Dangerous goods,” “petroleum,” “petroleum oil,” “petroleum spirit,” and “fuel oil” have the meanings assigned thereto respectively by the Explosive and Dangerous Goods Amendment Act, 1920:

“Dangerous goods of Class I,” “dangerous goods of Class II,” “dangerous goods of Class III,” and “dangerous goods of Class IV” have the meanings assigned thereto respectively by the regulations for the time being in force under the Explosive and Dangerous Goods Amendment Act, 1920.

NOTE.—Under the Dangerous Goods Regulations, 1928—

“Dangerous goods of Class I” includes aviation motor spirit, benzine, benzene, benzole, benzoline, distillate, gasoline, motor spirit, naphtha, and petroleum ether, also liquids or materials consisting wholly or in part of petroleum spirit, acetone, carbon bisulphide, amyl acetate, or ether, and having a true flashing-point less than 73° Fahr.

“Dangerous goods of Class II” includes petroleum oil, kerosene, and power kerosene, methyl alcohol, turpentine, and turpentine substitutes, absolute alcohol, methylated spirits, and spirits of wine.

“Dangerous goods of Class III” includes phosphorus (yellow) and calcium carbide.

“Dangerous goods of Class IV” includes fuel oil when stored in bulk.

2. No person shall keep or store dangerous goods within the borough except in pursuance of a written license in that behalf as hereinafter mentioned, and then only in the place, to the extent, and in the manner permitted by such license and by these by-laws: Provided always that it shall not be an offence hereunder to keep or store dangerous goods without a license in the quantities and under the conditions of storage shown hereunder:—

(a) In quantities not exceeding 3 gallons of dangerous goods of Class I, if such goods are kept in separate glass, earthenware, or metal vessels, each of which contains not more than one-half pint and is securely stopped:

(b) In quantities not exceeding 8½ gallons of dangerous goods of Class I, kept for private use and not for the purpose of sale and not used or intended for use in the premises in which the same are kept or stored, in connection with any trade or business or any purpose incidental thereto, if such goods are kept in substantial vessels of metal or other approved material so securely closed that neither liquid nor vapour can escape therefrom and not within a dwelling or an outhouse attached to a dwelling, and if due precautions are taken to prevent accident by fire or explosion and to prevent the escape of any such dangerous goods into a sewer or drain:

(c) In quantities not exceeding 17 gallons of dangerous goods of Class II, kept for the purpose of sale, or not exceeding 50 gallons of such goods kept for private use only and not for the purpose of sale, if no dangerous goods of Class I are kept by any person within a distance of 20 ft. from such dangerous goods of Class II:

(d) In quantities not exceeding 250 gallons of dangerous goods of Class I or of Class II, kept on any farm premises not less than 10 acres in area, for private use or use in connection with the work on such farm and not for purpose of sale, if all such dangerous goods are kept in a thoroughly ventilated building situated not less than 40 ft. from any other building, and if all such dangerous goods are kept in substantial metal vessels so securely closed that neither liquid nor vapour can escape therefrom, and if all due precautions are taken to prevent accident from fire or explosion:

(e) In quantities not exceeding 2 lb. of phosphorus kept under water in securely closed containers:

(f) In quantities not exceeding 50 lb. of calcium carbide contained in waterproof and airtight tins each containing not more than 7 lb., and labelled with a distinctive label or mark denoting the nature of the contents:

(g) On a ship, carriage, railway-station, or wharf while being conveyed in accordance with the regulations under the Explosive and Dangerous Goods Amendment Act, 1920:

(h) In a fuel-tank of a motor-carriage or motor-propelled ship, or the fuel-tank of a stationary internal-combustion engine:

Provided that nothing in this by-law shall authorize the keeping in unlicensed premises of more than 3 gallons at any one time of petroleum spirit used or intended for use in such premises in connection with any trade or business or any purpose incidental thereto.

3. No person shall store or keep within the borough any gunpowder, blasting-powder, gelignite, detonators, or other explosives for which a license is required under the Explosive and Dangerous Goods Act, 1908, save in pursuance of and under the conditions prescribed by a license under that Act issued by a Government Inspector.

4. No license to store dangerous goods of Class I shall be issued in respect of any premises within the “brick area” of the borough (as defined in any by-laws for the time being in force relating to the erection of buildings in the borough) unless such dangerous goods are stored either in an underground tank or in an approved fire-resisting depot.

5. Any person desirous of keeping “dangerous goods” in or upon any premises in the borough shall deliver to the Town Clerk a written application for a license in such form as may be approved by the Council.

6. Upon receipt of such application the Town Clerk shall cause an inspection of the premises therein named to be made by an Inspector, and it shall be the duty of such Inspector to examine such premises and report in writing to the Town Clerk as to their fitness or otherwise for the storage of any such dangerous goods as aforesaid, having regard to the character of the business carried on therein, the situation and construction of the proposed storage-place, the nature of adjoining premises, and the precautions (if any) which the applicant has taken to guard against the risk of fire or explosion, and to the regulations for the time being in force under the Explosive and Dangerous Goods Amendment Act, 1920.

7. If the officer making such inspection reports that the premises are satisfactory, the Town Clerk shall, on payment of the licensee fee forthwith issue a license under his hand authorizing the applicant to keep such quantity of all or any such dangerous goods as aforesaid as may be approved by the Inspector: