New Zealand Gazette – 2004 – No. 35

Page 855

✨ Hazardous Substances Regulations

26 MARCH NEW ZEALAND GAZETTE 855

(4) If the capacity of an above ground stationary tank is between any 2 successive capacities specified in
subclause (3), then, for the purposes of the table in subclause (3), it is to be taken as having the smaller
of those capacities.

(5) For the purposes of subclause (2)(d), an above ground stationary tank is in a cluster with 1 or more
other above ground stationary tanks unless it is separated from those other tanks in accordance with
section 10.1b of AS 1940.

(6) Fire fighting facilities that are required under subclauses (2)(a) or subclause (2)(b) must be—

(a) permanently erected around the tank; and

(b) capable of delivering water to the entire surface of the tank at a rate of 600 litres per square
metre an hour; and

(c) equipped with an automatic system that—
    (i) detects fire; and
    (ii)    starts delivering water to the stationary tank; and
    (iii)   can be manually controlled from a safe location.

(7) Subject to subclause (1), fire fighting facilities that are required under subclause (2)(c) or subclause
(2)(d) must comply with—

(a) sections 10.2, 10.10, 10.11, 10.13, 10.14, and Appendix E of AS 1940; or

(b) a code of practice approved by the Authority that specifies requirements equivalent to the
requirements specified in paragraph (a).

42 Variation or waiver of fire fighting facility requirements

(1) The Authority, on the application of the person in charge of a stationary tank to which clause 41
applies, may vary whichever of the requirements specified in clause 41(6) or clause 41(7) apply to that
tank if the separation distance between that tank and an area of high intensity land use or an area of
low intensity land use (as the case may be) exceeds the separation distance required by these or any
other controls in relation to controlling the adverse effects of unintended ignition of class 2 or class 3.1
substances.

(2) When considering whether to grant an application made under subclause (1), the Authority must have
regard to—

(a) any hazards within the site where the stationary tank is located; and

(b) the exposure of the stationary tank to or from any other property; and

(c) the available water supply; and

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