WorkSafe has granted an exemption (SEP2301) to Urox Sys Limited from compliance with regulation 11.36(2)(c) (only as it applies the type 3 workroom requirements for: prescribed fire resistance ratings of walls, ceiling, and doors; the compliance of windows with NZS 4232.2:1988; and the requirement for the roller door in the westernmost external wall of the workroom to be self-closing), regulation 11.37(3), and regulation 11.37(4) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to their workroom located at 2 Stonedon Drive, East Tamaki, Auckland.
The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 (the Act) on the basis that WorkSafe is satisfied that—
- the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to it; and
- the exemption is not inconsistent with the purpose of the Act as
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- it is not reasonable or practicable to comply with the prescribed fire rating for the ceiling and external walls of the workroom (including the windows in the external walls) as the engineering and business costs will be disproportionate to the risks associated with the non-compliance, which are mitigated by improved fire protection measures in the workroom and the separation of the workroom to any off-site protected place; and
- it is not practicable to comply with the prescribed fire rating for external and internal doors in the workroom as doors of the required rating are not available; and
- the risks associated with:
- the increased quantity of flammable liquids within the workroom; and
- the workroom having zero separation to an on-site protected place
are mitigated by the required fire protection measures that must be put in place as conditions on the proposed exemption, the requirement to install 240/240/240 minute fire rated walls between the workroom and adjacent work area, including self-closing fire rated doors within the internal walls, together with other control measures; and
- this is a situation where there is good reason to grant an exemption under section 220(1).
The exemption comes into effect on 28 July 2025 and expires on 28 July 2030 unless it is replaced sooner or revoked.
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