11 July 2019

WorkSafe has granted an exemption to Rockgas Limited and JJP Holdings Limited from compliance with Regulation 11.21 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 for the above ground LPG tank and remote fill point at Caltex Basin Reserve, 28 Adelaide Road, Mount Cook, Wellington.

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:

1. the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to it; and
2. the exemption is not inconsistent with the purpose of the Act; and
3. the risks to the health and safety of workers and others can be managed by the use of fire resistance rated walls.

The exemption takes effect on 11 July 2019 and expires on 11 July 2024 unless it is replaces sooner or revoked.

The application to grant an exemption has been decided as follows:

The exemption is granted by WorkSafe New Zealand in accordance with section 220 of the Health and Safety at Work Act 2015 to Rockgas Limited and JJP Holdings Limited (the Parties) to accept reduced separation distances to protected places from the above ground LPG tank (#114412) and associated remote fill point at Caltex Basin Reserve, 28 Adelaide Road, Mount Cook, Wellington.

The site plan prepared by BD Group Design Ltd, Hazardous Substance Location & Controlled Zone as Built Site Plan, drawing number N40871-ABE06, rev C, dated 11/2005 forms part of this decision.  The exemption is subject to the following conditions:

1. The Parties must ensure the above ground tank and remote fill point are separated from any part of a protected place that is closer than 13.9 metres (the area being protected) in a direct line in accordance with both condition 2 and condition 6.
2. The Parties must ensure there is an intervening wall in line of sight of the area being protected that is EITHER-
1. an existing wall; OR
2. a newly constructed wall; OR
3. a combination of (a) and (b).
3. For the purposes of condition 2(a) an existing wall must have a minimum fire-resistance rating of 180/180/180 minutes and there must be an agreement in place with any neighbour whose wall may be used for the purpose of compliance with condition 2(a) covering-
1. agreement that the wall may be used as an intervening wall; and
2. how the Parties and the neighbour will work together to ensure the wall is maintained as an intervening wall; and
3. acknowledgement by the neighbour of the risks associated with the wall being utilised for the purposes of fire protection; and
4. the maintenance of the agreement that includes an annual review.
4. Notwithstanding 3, any opening in an existing wall that is below 0.6 metres above the top surface of the tank within the area being protected must be sealed to a minimum fire-resistance rating of 120/120/120 minutes.
5. For purposes of condition 2(b) a newly constructed wall must-
1. have a minimum fire-resistance rating of 240/240/240 minutes; and
2. be 0.6 m or higher above the top surface of the tank.
6. The Parties must ensure there is an intervening wall or intervening walls (vapour barrier) where the distance around any end of the wall by the most direct line must be at least 13.9 metres from the tank and remote fill point to a protected place. The wall must be EITHER-
1. an existing wall or existing walls; OR
2. a new constructed wall; OR
3. a combination of (a) and (b).
7. For the purposes of condition 6(a) an existing wall must-
1. be fire resistant; and
2. vapour tight below 0.6 metres above the top surface of the tank; and
3. there is an agreement in place covering the requirements of condition 3(a) to 3(d)
8. For the purpose of condition 6(b) a newly constructed wall must-
1. be constructed of fire-resistant materials; and
2. be vapour-tight; and
3. be 0.6 metres or higher above the top surface of the tank.
9. For the purposes of the agreements required under condition 3 and condition 7(c), the agreement may be the same agreement.
10. For the purposes of conditions 2(b) and 6(b) the new wall may be the same wall.
11. The Parties must ensure the sprinkler system for the above ground LPG tank is maintained and tested annually.
12. The Parties must ensure the site Emergency Response Plan for Caltex Basin Reserve includes a response to a fire at either 42-48 Adelaide Road or 3 Myrtle Crescent. This must include the operation of sprinkler system for the above ground LPG tank.
13. The Parties must update the site plan prepared by BD Group Design Ltd, Hazardous Substance Location & Controlled Zone as Built Site Plan, drawing number N40871-ABE06, rev C, dated 11/2005 to include-
1. any new walls constructed in accordance with conditions 2(b) and 6(b); and
2. separation distances from public and protected places as prescribed in the Health and Safety at Work (Hazardous Substances) Regulation 2017.
14. The Parties must maintain the layout of the site as shown in the site plan once updated in accordance with condition 13.
15. The Parties must provide a copy of this exemption to any compliance certifier engaged to issue a location compliance certificate for the above ground LPG tank.
16. A copy of this exemption must be held at the site.
17. The parties must comply within the following timeline from the date this exemption takes effect-
1. where there is the requirement to obtain written agreement under condition 3, condition 7 or both, within 3 months.
2. where condition 4 applies, any opening in an existing wall must be sealed within 6 months.
3. where a new wall is constructed in accordance with the requirements of condition 5, condition 8, or both, within 9 months.
4. for the requirements to update the emergency response plan in accordance with condition 12, within 3 months.
5. for the requirement to update the site plan in accordance with condition 13, within 9 months.