New Zealand Gazette – 2004 – No. 35

Page 856

✨ Hazardous Substances Regulations

856 NEW ZEALAND GAZETTE No. 35

(d) the likely response time and available resources of the local unit or units of the New Zealand
Fire Service; and

(e) the ability of the tank to resist fire; and

(f) any other matter that the Authority thinks fit.

(3) The Authority, on application of the person in charge of a stationary tank to which clause 41 applies
may waive whichever of the requirements specified in clause 41(6) or clause 41(7) apply to that tank if
the Authority is satisfied that—

(a) a fire will not endanger—
    (i) any person; or
    (ii) any property not owned by the person in charge of the stationary container; and

(b) the stationary tank is separated from an area of high intensity land use or low intensity land use
   (as the case may be) by at least the greater of—
    (i) 5 times the distance specified in relation to the capacity of the stationary tank in clause
        41; or
    (ii) 5 times the distance specified in relation to the capacity of the stationary tank in any
        other controls that relate to controlling the adverse effects of the unintended ignition of
        class 2 or class 3.1 hazardous substances.

43 Testing of fire fighting facilities
The fire fighting facilities specified in clause 41 must be tested in accordance with the following:

(a) a fire fighting facility for an above ground stationary tank used to store class 2.1.1 low
    pressure liquefiable gas must be tested annually for compliance with clause 41; or

(b) a fire fighting facility for an above ground stationary tank used to store a class 3.1 hazardous
    substance must be tested in accordance with section 9.8.15 of AS 1940; or

(c) a code of practice approved by the Authority under section 79 of the Act that specifies
    requirements equivalent to the requirements specified in whichever of paragraph (a) or
    paragraph (b) applies.

Part 10

General requirements for process containers and equipment

44 Material for process containers and equipment

(1) This clause applies to—
    (a) every process container and any associated equipment used to contain a hazardous substance
        of a class specified in subclause (2); and

    (b) any structure that supports a process container or equipment to which paragraph (a) refers.

Next Page →