25 September 2019

WorkSafe has granted an exemption to Tauranga City Council from compliance with Regulation(s) 15.16, 15.17 and 15.40(1)(b) and (2)(i) of the Health and Safety at Work (Hazardous Substances) Regulations 2017.

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

WorkSafe has also had regard to the criteria specified in regulation 15.18 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 for an exemption from the prescribed certificates.

This exemption takes effect on 25 September 2019 and expires on 25 September 2024.

The exemption relates to the Manchester Tank and Equipment Co cylinder, which is part of the built-in fire suppression system for its data centre housing a computer server located at 1484 Cameron Road, Tauranga. The Tauranga City Council is exempt from obtaining a cylinder pre-commissioning certificate and an import certificate, and from having a cylinder marked with the prescribed cylinder marks for a serial number and the mark of the inspection agency, subject to the following conditions:

1. This exemption is limited to the Manchester Tank and Equipment Co cylinder that is part of the built-in fire suppression system for its data centre housing a computer server located at 1484 Cameron Road, Tauranga.
2. By 12 March 2020, Tauranga City Council must ensure that the approval number LAB7719SP is stamped on the Manchester Tank and Equipment Co cylinder by an approved test station in accordance with regulation 15.60.
3. Tauranga City Council must ensure the filling pressure marked on the Manchester Tank and Equipment Co. cylinder does not exceed 24 bar.