New Zealand Legislation: Regulations
Regulations are laws made under Acts
Add to web feed (SR 2004/43)
These regulations are administered in the Ministry for the Environment.
Pursuant to section 140(1)(c) of the Hazardous Substances and New Organisms Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council (given on the recommendation of the Minister for the Environment made in compliance with section 141(1) of that Act), makes the following regulations.
Cylinder manufacture and repair
Pre-commissioning certificates
These regulations are the Hazardous Substances (Compressed Gases) Regulations 2004.
These regulations come into force on 26 March 2004.
In these regulations, unless the context otherwise requires,—
the Act means the Hazardous Substances and New Organisms Act 1996
aerosol means a substance packed under pressure and designed to be released as solid or liquid particles in a suspension of gas, as a foam, paste or powder, or in a liquid or in a gaseous state
aerosol dispenser means a compressed gas container that—
(a) is not refillable; and
(b) incorporates a valve designed to dispense the container's contents as an aerosol; and
(c) contains a compressed gas
AGA means an Australian Gas Association standard
AGA 205 means the Australian Gas Association standard on Approved Requirements for Regulators for Use with LP Gases in the Vapour Phase
ANSI means the American National Standards Institute
ANSI/CSA/CGA Standard V-1 means the standard on Compressed Gas Cylinder Valve Outlet and Inlet Connection
approved means approved by the Authority
AS 2030.1 means the Australian standard on The verification, filling inspection testing and maintenance of cylinders for the storage and transport of compressed gases. Part 1: Cylinders for compressed gases other than acetylene
AS 2030.2 means the Australian standard on The verification, filling inspection testing and maintenance of cylinders for- the storage and transport of compressed gases. Part 2: Cylinders for dissolved acetylene
AS 2278 means the Australian standard on Non Refillable metal aerosol dispensers of capacity 50 mL to 1000 mL inclusive
AS 2337.1 means the Australian standard on Gas cylinder test stations. Part 1: General requirements, inspections and tests—Gas cylinders
AS 2337.1: this definition was substituted, as from 23 September 2004, by regulation 3(1) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
AS 2472 means the Australian standard on Valves for medical gas cylinders (Including pin-indexed outlet)
AS 2473 means the Australian standard on Valves for compressed gas cylinders (threaded outlet)
AS 2474 means the Australian standard on Valves for compressed gas cylinders (diameter-indexed outlets)
AS 3635 means the Australian standard on Unified (ISO inch) screw threads, associated gauges, and gauging practice
AS 3840 means the Australian standard on Pressure regulators for use with medical gases—Pressure regulators and pressure regulators with flow-metering devices
AS 4267 means the Australian standard on Pressure regulators for use with industrial compressed gas cylinders
AS/NZS means a Joint Australian and New Zealand Standard
AS/NZS 1841.1–AS/NZS 1841.8 means Parts 1 to 8 of the standard on Portable Fire Extinguishers
Authority means the Environmental Risk Management Authority established under section 14 of the Act
BS 341 means the British standard on Transportable gas container valves
BS 1552 means the British standard on Specification for open bottomed taper plug valves for 1st, 2nd, and 3rd family gases up to 200 mbar
BSP means a British standard pipe
CGA means the Compressed Gas Association
charge means load or fill a compressed gas container
compressed gas means a gas that is held in a compressed gas container—
(a) in gaseous form at pressure of greater than 101.3 kPa absolute; or
(b) dissolved in a liquid solvent at a pressure of greater than 101.3 kPa absolute; or
(c) at a sufficient pressure to keep the gas in its liquid or partially liquid form; or
(d) at a sufficiently low temperature to keep the gas in its liquid or partially liquid form
compressed gas: paragraph (b) of this definition was amended, as from 23 September 2004, by regulation 3(2) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by inserting the words “at a”
after the word “solvent”
.
compressed gas container—
(a) means a container in which compressed gas is held with fittings or equipment designed to retain the gas in its compressed form; and
(b) includes any aerosol dispenser, fire extinguisher, cryogenic container, cylinder, tank, or compressed gas stationary tank; but
(c) does not include—
(i) a pressure vessel that is a pipeline under the Health and Safety in Employment (Pipelines) Regulations 1999; or
(ii) an air receiver used in connection with the starting of an internal combustion engine; or
(iii) a receiver that forms part of a compression plant; or
(iv) a container that forms an integral part of a refrigerating unit; or
(v) a pressurised container that forms an integral part of the motive or control system of a vehicle, aircraft, or ship; or
(vi) an aerosol container with a water capacity less than 50 millilitres or for which the absolute pressure developed at 20°C is less than 170 kPa; or
(vii) a cartridge with a water capacity less than 170 millilitres; or
(viii) a non-refillable container with a water capacity of less than 100 millilitres; or
(ix) a cylinder with a water capacity of less than 120 millilitres, if the contents are a liquefied gas with flammable properties; or
(x) a cylinder with a water capacity of less than 500 millilitres, if the contents are not a liquefied gas with flammable properties; or
(xi) a cylinder with a water capacity of greater than 500 litres, except that this subparagraph does not apply in relation to regulation 7, Part 8, or Part 9; or
(xii) carbonated beverages or their containers
compressed gas container: paragraph (c)(vii) of this definition was amended, as from 23 September 2004, by regulation 3(3) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the expression “170 millilitres”
for the expression “170 kPa”
.
compressed gas stationary tank means a tank that is—
(a) used or intended to be used for storage or supply of 1 or more compressed gases; and
(b) normally located at a specific place
critical temperature means the temperature of a gas in its critical state, above which it cannot be liquefied by pressure alone
cryogenic container means a closed pressure container designed to maintain an internal temperature low enough to cause the gas inside it to revert to its liquid or partially liquid state
CSA means the Canadian Standards Association
cylinder—
(a) means a refillable or non-refillable compressed gas container that is commonly used for storing and transporting compressed gases; and
(b) includes a cryogenic container and a fire extinguisher; but
(c) does not include an aerosol dispenser
design means all specifications (including drawings) necessary to describe the attributes of a compressed gas container
design verifier means a test certifier approved to issue design verification certificates under regulation 15
dry gas means a gas having a dew point of less than -40°C at a pressure of 101.3 kPa absolute
empty weight, in relation to a cylinder, means the weight of the cylinder complete with its valve and any other fittings or appurtenances that are normally on the cylinder when it is being filled
filling ratio, in relation to a liquefied gas, means the ratio of the mass of gas charged into a compressed gas container to the mass of water at 15°C that fills the compressed gas container
fire extinguisher means a compressed gas container intended to hold an extinguishant that can be discharged onto a fire by, or by being, a gas under pressure
fitting, in relation to a compressed gas container, means a device (including a valve, adaptor, automatic changeover device, gauge, regulator, seal, or hose) that is connected to a compressed gas container and that is used to—
(a) fill or empty the compressed gas container with gas; or
(b) seal a connection to a compressed gas container with gas; or
(c) connect the compressed gas container directly to another item associated with the use of the gas; or
(d) protect the compressed gas container from over pressurising
gas means a substance that is—
(a) a gas as defined in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001; and
(b) a hazardous substance of any hazard classification
high pressure liquefiable gas means a liquefiable gas that has a critical temperature greater than -50°C but not exceeding 65°C
IEC means the International Electrotechnical Commission
ISO means the International Standards Organisation
ISO/IEC Guide 61 means the standard on Requirements for Assessment and Accreditation of Certification/Registration Bodies
ISO/IEC Guide 65 means the standard on General Requirements for bodies Operating Product Certification Systems
LC50 means the median lethal concentration, being a statistically derived concentration of a substance that can be expected to cause death in 50% or more of the organisms exposed to the substance for a specified time
LH means left hand
liquefiable gas means a gas that has a critical temperature exceeding -50°C and a boiling point not exceeding 20°C at 101.3 kPa absolute
low pressure liquefiable gas means a liquefiable gas that has a critical temperature exceeding 65°C
LPGITA means the UK LP Gas Association.
LPGITA: this definition was substituted, as from 23 September 2004, by regulation 3(4) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
maximum developed pressure means the pressure developed by the contents of a compressed gas container in equilibrium at the reference temperatures specified in regulation 7
NGO means the National Gas Outlet (America)
periodic tester means a test certifier approved to issue periodic certificates under regulation 52
permanent gas means a gas with a critical temperature not exceeding -50°C
place has the meaning given to it by regulation 3 of the Hazardous Substances (Emergency Management) Regulations 2001
pre-commissioning tester means a test certifier approved by the Authority to issue pre-commissioning certificates under regulation 22
product certification body means a body accredited to ISO/IEC Guide 65 by a national or New Zealand joint accreditation agency operating to ISO/IEC Guide 61
QCC valve means a quick coupling connection valve
recognised inspection agency means a person or organisation recognised by the Authority for the purposes of any of regulations 16, 17, 19, 36, and 39
reference temperature for filling ratio means the temperature at which the liquid density is to be evaluated for calculating the filling ratio
RH means right hand
SFS EN means a joint Finnish Standards Association and European Committee for Standardisation standard
SFS EN 629.1 means the standard on Transportable gas cylinders. 25E taper thread for connection of valves to gas cylinders. Part 1: Specification
standard has the meaning given to it by section 2 of the Standards Act 1988
tare weight, in relation to a cylinder, means the weight of the cylinder shell with all removable fittings removed
test pressure means the pressure the cylinder is designed and tested to withstand
UL means the Underwriters Laboratories Inc
UL 125 means the standard on Valves for Anhydrous Ammonia and LP-Gas (Other Than Safety Relief)
UL 144 means the standard on Pressure Regulating Valves for LP-Gas
UL 252 means the standard on Compressed Gas Regulators
UL 2061 means the standard on Adapters and Cylinder Connection Devices for Portable LP-Gas Cylinder Assemblies
UL 2227 means the standard on Overfilling Prevention Devices
volume of gas means the volume of a gas at 101.3 kPa absolute pressure and 15°C
water capacity means the volume of water at 15°C that fills a compressed gas container that is fitted for use with any valve, dip tube, float, or other necessary fittings.
(1) The provisions of these regulations, other than the provisions applied by subclause (2), do not apply to pressure equipment to which the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 apply.
Regulation 4 was substituted, as from 23 September 2004, by regulation 4 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
All design standards and designs that were, immediately before the commencement of these regulations, approved under the Dangerous Goods (Class 2—Gases) Regulations 1980 must be treated as approved design standards and approved designs, respectively, under these Regulations.
(1) A compressed gas container for the packing, conveyance, or storage of compressed gas that is not intended for use outside New Zealand must be of a design adequate to withstand the maximum developed pressure for the compressed gas container as specified in the standard that applies to the design at the reference temperature for the size and type of compressed gas container specified in regulation 7.
(2) Subclause (1) applies unless the Authority otherwise directs or approves.
The reference temperatures for compressed gas containers are as follows:
| Type of gas | Water capacity of container (litres) | Reference temperatures (°C) |
|---|---|---|
| Permanent gas | Any size | 65 |
| High pressure liquefiable gas | Not exceeding 500 | 55 |
| Exceeding 500 but not exceeding 1 000 | 55 | |
| Exceeding 1 000 but not exceeding 5 000 | 52.5 | |
| Exceeding 5 000 | 47.5 | |
| Low pressure liquefiable gas | Not exceeding 250 | 57.5 |
| Exceeding 250 but not exceeding 500 | 52.5 | |
| Exceeding 500 but not exceeding 1 000 | 52.5 | |
| Exceeding 1 000 but not exceeding 5 000 | 50.0 | |
| Exceeding 5 000 but not exceeding 26 000 | 45.0 | |
| Exceeding 26 000 | 40.0 | |
| Cryogenic and dissolved acetylene | Not exceeding 500 | 52.5 |
Regulation 7 was amended, as from 23 September 2004, by regulation 5 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the item relating to low pressure liquefiable gas.
(1) All parts of a compressed gas container (including fittings, seals, lubricants, and insulating material) that will or may come into contact with the contents (including any gas, solvent, expellable material, or porous material used) must be compatible with the contents.
(2) In subclause (1), compatible means—
(a) one of the following:
(i) the compressed gas container is chemically inert in relation to its intended contents for the range of operating temperatures and pressures specified in the design:
(ii) if any part of the compressed gas container will chemically react with its intended contents, the reaction—
(A) will not cause or contribute to a fire or explosion; and
(B) will not generate a hazardous substance:
(iii) if any part of the compressed gas container will chemically react with its intended contents, and the contents include a hazardous substance (the original substance), the reaction will not generate a new hazardous substance with a classification (as specified in the Hazardous Substances (Classification) Regulations 2001) that is different from the classification for the original substance; and
(b) the compressed gas container will not be softened, weakened, susceptible to brittle fracture or stress corrosion cracking, or be otherwise affected by any intended contents of the compressed gas container in such a way that any part of the compressed gas container will not meet any requirement to which it is subject under these regulations.
(1) This Part applies to cylinders that are refillable (including fire extinguishers that are refillable cylinders).
(2) The Part applies to a non-refillable container if the Authority determines that the container should comply with the requirements of this Part relating to refillable cylinders.
(3) This Part does not apply to any other non-refillable container or non-refillable aerosol dispenser.
A design for a cylinder, other than a fire extinguisher, must comply with—
(a) an appropriate standard listed on the Authority's register; or
(b) an existing design standard under regulation 5; or
A design for a fire extinguisher must comply with—
(a) AS/NZS 1841.1 to AS/NZS 1841.8; or
(b) a existing design standard under regulation 5; or
The cylinder neck thread of a cylinder must comply with—
(a) the standard to which the cylinder is designed; or
(b) if that standard does not specify requirements for the neck thread,—
(i) AS 2473; or
(ii) ANSI/CSA/CGA Standard V-1; or
(iii) SFS EN 629.1; or
(iv) Unified Screw Thread (UNF) class 2B of AS 3635; or
(c) an existing design standard under regulation 5; or
Materials used in the construction of a cylinder must have properties that ensure that the cylinder will contain the compressed gas for the following temperature range:
(a) a low temperature not higher than—
(i) the temperature prescribed in the standard to which the cylinder was designed as the low temperature applying to the design of the cylinders; or
(ii) for a cryogenic container that is a cylinder, the lowest temperature reached by the compressed gas (liquefied or partially liquefied) that the cylinder is designed to hold:
(b) a high temperature not lower than the reference temperatures specified in regulation 7 for the size and type of cylinder.
Cylinders intended to contain gas at a cryogenic temperature must be designed to ensure that—
(a) the surface of any part of the cylinder designed to maintain the temperature of the gas is sufficiently insulated from the exterior surfaces of the cylinder so as to prevent injury to a person handling the cylinder; and
(b) moisture cannot enter into the insulation space or insulation material; and
(c) if the design provides for a vacuum between the inner and outer shells, the outer shell is able to withstand an external pressure of at least 200 kPa absolute without permanent deformation.
(1) A person may apply to a design verifier for a design verification certificate for a cylinder.
(2) The application must—
(a) include all relevant specifications, including technical drawings and calculations; and
(3) A design verifier may issue a design verification certificate for a design only if the design verifier is satisfied that the design meets the requirements of this Part.
(4) A design verifier may issue a design verification certificate subject to conditions.
(5) A design verifier must, as soon as practicable after issuing a design verification certificate, provide to the Authority—
(a) a copy of the design verification certificate and any conditions relating to the certificate; and
(b) a copy of the application for the design verification certificate.
(6) On receiving the information required under subclause (5), the Authority must—
(a) allocate a register number to the design verification certificate; and
(b) enter the details of the design verification certificate on the register kept under regulation 75.
Subclauses (1) and (2) were substituted, as from 23 September 2004, by regulation 6 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
A person who manufactures a cylinder must—
(a) manufacture the cylinder to a design—
(i) for which a design verification certificate has been obtained under regulation 15; and
(b) obtain a manufacturing certificate for each batch of cylinders from a recognised inspection agency stating that the batch of cylinders has been manufactured in accordance with that design and meets the quality assurance requirements specified in the design; and
(c) provide copies of the manufacturing certificate to the purchaser of the batch to which the certificate relates; and
(d) ensure that the cylinder complies with the requirements of Part 6; and.
(e) not supply cylinders to a retailer unless the manufacturer has provided to the retailer, under paragraph (c), copies of the relevant manufacturing certificate for those cylinders.
Paragraph (a) was substituted, as from 23 September 2004, by regulation 7(1) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
Paragraph (d) was amended, as from 23 September 2004, by regulation 7(2) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by inserting the expression “; and”
.
Paragraph (e) was inserted, as from 23 September 2004, by regulation 7(2) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
A person who repairs a cylinder must—
(a) repair the cylinder in accordance with the procedure specified in the standard applying to the design to which it was manufactured; and
(b) obtain a manufacturing certificate from a recognised inspection agency that the repair has been carried out in accordance with the design and meets the quality assurance requirements specified in the design.
(1) A person who imports a cylinder or a batch of cylinders into New Zealand must obtain a test certificate under regulation 19 for each cylinder.
(2) An importer to whom subclause (1) applies must not supply cylinders to a retailer unless the importer has first obtained the appropriate test certificate.
Regulation 18 was substituted, as from 23 September 2004, by regulation 8 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
(1) A person who imports a cylinder or a batch of cylinders into New Zealand must apply for and obtain a test certificate from a test certifier.
(2) The application must contain the following information:
(a) for cylinders, including CO2 fire extinguishers (but excluding all other fire extinguishers), a manufacturer's certificate endorsed by a recognised inspection agency:
(b) for fire extinguishers, excluding CO2 fire extinguishers, a fire extinguisher registration number issued by a product certification body:
(c) the number of cylinders in the batch:
(d) the cylinders' serial numbers (or batch numbers for fire extinguisher cylinders containing other than a permanent or a liquefiable gas):
(e) information identifying the gas or gases for which the cylinder is intended to be used:
(f) the water capacity of the cylinders:
(g) the standard to which the cylinder was designed:
(h) the register number of the design verification certificate relating to the cylinders.
(3) A test certifier may issue a test certificate for the cylinders to which the application relates only if satisfied that—
(a) the markings on the cylinders comply with Part 6; and
(b) any conditions on the cylinder design verification certificate relating to the cylinders have been satisfied; and
(c) the cylinders would pass the tests in regulation 22(2)(b).
(4) [Revoked]
The heading to regulation 19 was amended, as from 23 September 2004, by regulation 9(1) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “Test certificate for”
for the words “Clearance of”
.
Subclause (1) was substituted, as from 23 September 2004, by regulation 9(2) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
Subclause (3) was substituted, as from 23 September 2004, by regulation 9(3) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
Subclause (4) was revoked, as from 23 September 2004, by regulation 9(3) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
A person must not use or supply an imported or manufactured cylinder of a design that has not been previously imported into, or manufactured in, New Zealand unless the person has first obtained a pre-commissioning certificate under regulation 22.
Regulation 20 was substituted, as from 23 September 2004, by regulation 10 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
(1) The Authority may, in any particular case, waive the requirements of regulation 20 on an application in the approved form.
(2) In considering whether or not to grant a waiver, the Authority must have regard to—
(a) the types and quantities of cylinders to which the application relates; and
(b) the types and quantities of substances proposed to be contained in those cylinders; and
(c) the compliance and quality control history of the manufacturer of the cylinders to which the application relates; and
(d) the similarity of the design and manufacture of the cylinders to the design and manufacture of other cylinders previously supplied by that manufacturer.
(1) A person may apply to a pre-commissioning tester for a pre-commissioning certificate for the cylinder design.
(2) A pre-commissioning tester may issue a pre-commissioning certificate for a cylinder design only if he or she is satisfied that—
(a) the relevant batch of cylinders meets the requirements of regulation 19(3); and
(b) samples of the cylinders to which the application relates have been taken, inspected, and tested in accordance with the design standard that relates to the cylinders and show—
(i) on a visual inspection, that the overall construction, where applicable including valve protection and overpressure protection devices, surface finishing, and any joints shows no external indication of visible corrosion, stress cracking, or weld defects; and
(ii) that the dimensions of the neck of the cylinder conform, within any tolerances allowed, to the applicable standard (if any), and that there is no visible internal corrosion or stress cracking; and
(iii) on measurement of the tare and empty weights and water capacity, that the cylinders conform, within any tolerances allowed, to the design standards to which the cylinders were manufactured; and
(iv) that the cylinders conform to the design to which the cylinders were manufactured.
(3) A pre-commissioning tester must, as soon as practicable after issuing a pre-commissioning certificate, provide to the Authority—
(a) a copy of the pre-commissioning certificate; and
(b) a copy of the pre-commissioning tester's report on the design to which the pre-commissioning certificate relates.
If a pre-commissioning tester declines to issue a pre-commissioning certificate for a cylinder design, the pre-commissioning tester must—
(a) either—
(i) allow all cylinders in that shipment to be brought into compliance, where this is possible, and issue a pre-commissioning certificate; or
(ii) oversee the disposal of every cylinder by—
(A) physically altering every cylinder so that the cylinder is unable to contain, or be returned to a state in which it could contain, gas under pressure; or
(B) being satisfied that every cylinder has been returned to the country of origin; and
(b) provide a report to the Authority setting out how the requirements of this regulation have been met.
A person must not import, manufacture, or supply an aerosol dispenser unless—
(a) the aerosol dispenser complies with, at the time of manufacture,—
(i) AS 2278; or
(ii) an existing design standard under regulation 5; or
(b) the liquid and solid contents of the aerosol dispenser when charged do not occupy more than 90 percent of the internal volume of the closed aerosol container at 50°C; and
(c) the aerosol dispenser has been tested and examined for leakage, deformation or other defect in accordance with the standard.
A person must not import, manufacture, or supply a non-refillable container unless—
(a) the non-refillable container complies with, at the time of manufacture,—
(i) an existing design standard under regulation 5; or
(b) when the non-refillable container is charged with gas, the maximum developed pressure at 50°C is not more than that specified in the design to which the non-refillable container was manufactured; and
(c) the filled non-refillable container has been tested and examined for leakage, deformation, or other defect in accordance with the standard to which it was designed.
A person must not import, manufacture, or supply a cylinder fitting unless the fitting is manufactured and tested at the time of manufacture in accordance with this Part.
(1) A cylinder valve, other than an LPG cylinder valve on a 4.5kg or 9kg LPG cylinder, must be manufactured and tested at the time of manufacture in accordance with—
(a) AS 2472; or
(b) AS 2473; or
(c) AS 2474; or
(d) BS 341; or
(da) UL 2061; or
(e) an existing design standard under regulation 5; or
(f) a code of practice approved by the Authority under section 79 of the Act relating to valve safety that specifies requirements equivalent to the requirements of a standard referred to in any of paragraphs (a) to (e).
(2) A valve on a 4.5kg or 9kg LPG cylinder must be manufactured and tested at the time of manufacture in accordance with—
(a) BS 1552; or
(b) UL 125; or
(ba) UL 2061; or
(c) AS 2473; or
(d) an existing design standard under regulation 5; or
(e) a code of practice approved by the Authority under section 79 of the Act relating to valve safety that specifies requirements equivalent to the requirements of a standard referred to in any of paragraphs (a) to (d).
(3) Despite subclauses (1) and (2), valve stem threads must comply with the requirements for cylinder neck threads in regulation 12.
Subclause (1)(da) was inserted, as from 23 September 2004, by regulation 11(1) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
Subclause (2)(ba) was inserted, as from 23 September 2004, by regulation 11(2) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
(1) The outlet connection for a cylinder valve, other than the outlet connection for an LPG cylinder, must comply with—
(a) section 5.3 of AS 2030.1; or
(b) an existing design standard under regulation 5; or
(2) The outlet connection for an LPG cylinder valve must comply with,—
(a) for an LPG cylinder of less than 25 litres water capacity,—
(i) UL 2061; or
(ii) 14 mm x 1.5 mm RH Internal (14 mm ISO metric); or
(iii) 3/8 BSP RH Internal; or
(iv) 3/8 BSP RH External; or
(v) 20 mm clip-on connector; or
(b) for an LPG cylinder valve design of any size, 0.885-14 NGO LH Internal; or
(c) an existing design standard under regulation 5; or
(d) a code of practice approved by the Authority under section 79 of the Act relating to the valve outlet safety for LPG cylinders that specifies requirements equivalent to the requirements of a standard referred to in any of paragraphs (a) to (c).
(3) The outlet connection for cylinders that are a part of the motive power of a forklift, but are not permanently attached or integral to the forklift, must comply with
(a) 1-1/4-RH External; or
(b) an existing design standard under regulation 5; or
(4) Any new connection into a valve outlet must be compatible with the valve.
Subclause (2)(a)(v) was substituted, as from 23 September 2004, by regulation 12 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
(1) A valve incorporated in a cylinder for flammable or class 6.1A to 6.1D gases must be protected in accordance with—
(a) section 5.4 of AS 2030.1; or
(b) an existing design standard under regulation 5; or
(2) The valve incorporated in a cylinder design for gas other than flammable or class 6.1A to 6.1D, must comply with the impact tests in—
(a) AS 2473 and BS 341; or
(b) for fire extinguisher cylinder designs, AS/NZS 1841.1; or
(c) an existing design standard under regulation 5; or
(d) a code of practice approved by the Authority under section 79 of the Act relating to valve safety that specifies requirements equivalent to the requirements of a standard referred to in any of paragraphs (a) to (c).
(1) A cylinder design except for a cylinder designed to contain a class 6.1, 6.1A, 6.1B, or 6.1C toxic substance, must incorporate over-pressure protection that complies with—
(a) section 5.5 of AS 2030.1; or
(b) an existing design standard under regulation 5; or
(2) A fire extinguisher cylinder design must, at pressures greater than 19 MPa, comply with—
(a) section 5.5 of AS 2030.1; or
(b) an existing design standard under regulation 5; or
A regulator, other than an LPG regulator or an LPG automatic changeover device, must comply with—
(a) AS 3840; or
(b) AS 4267; or
(c) an existing design standard under regulation 5; or
(d) a code of practice approved by the Authority under section 79 of the Act relating to regulator safety that specifies requirements equivalent to the requirements of a standard referred to in any of paragraphs (a) to (c).
An LPG regulator or LPG automatic changeover device must comply with—
(a) UL 144; or
(b) UL 252; or
(c) AGA 205; or
(d) an existing design standard under regulation 5; or
(e) a code of practice approved by the Authority under section 79 of the Act relating to LPG regulator or automatic changeover device safety that specifies requirements equivalent to the requirements of a standard referred to in any of paragraphs (a) to (d).
An LPG cylinder that has a nominal capacity greater than 4 kg and less than 11 kg must be fitted with an overfill protection device designed in accordance with—
(a) UL 2227; or
(b) an existing design standard under regulation 5; or
(1) If an LPG cylinder valve is fitted with an adaptor on the valve outlet thread, the outlet connection of the adaptor is deemed to be the outlet connection of the valve, if—
(a) the adaptor is permanently fitted to the valve according to the manufacturer's installation instructions; and
(b) the adaptor outlet connection complies with regulation 28, except that a clip on adaptor is not to be connected to a QCC valve; and
(c) the adaptor complies with—
(i) the Department of Labour standard for clip on adaptors based on LPGITA Code of Practice No. 15 Part 1:1992; or
(ii) an existing design standard under regulation 5; or
(2) If an LPG cylinder valve adaptor is designed after the commencement of these regulations, and the pressure and cycling tests are not specified in the standard to which the LPG cylinder was designed, then samples must be taken and inspected and tested—
(a) as follows:
(i) to a pressure test at 1.5 times the design operating pressure; and
(ii) if the adaptor is to have moving parts, by cycling tests for a number of cycles at least equivalent to those tests required in the standard for the valve that it is to be attached to; or
(b) to a code of practice approved by the Authority under section 79 of the Act relating to adaptor safety.
A person must not import 1 or more fittings for LPG cylinders of a design that has not previously been imported into New Zealand, or manufactured by a manufacturer that has not previously supplied those fittings for import into New Zealand, unless in relation to the fittings—
(a) there is in force a clearance under regulation 36; or
(b) the requirement for a clearance has been waived and a special register number issued in accordance with regulation 38.
(1) A person who wishes to import or manufacture fittings for LPG cylinders must apply to a test certifier for a test certificate for the fittings.
(2) An application under subclause (1) must—
(a) include a copy of the test report on the fitting from a recognised inspection agency: and
(b) be accompanied by a sample of each batch of the LPG fittings to which the application relates.
(3) The test certifier may give a test certificate for a batch of LPG fittings if satisfied that—
(a) the information marked on the fittings complies with Part 6; and
(b) the test report of the recognised inspection agency shows that the fitting meets the requirements set out in the design to which the fitting was manufactured; and
(c) the fittings meet the requirements in regulations 27 to 33 that apply to that type of fitting.
(4) If the test certifier gives a test certificate for a batch of fittings, the test certifier must provide to the Authority—
(a) a copy of the test certificate; and
(b) a copy of the test report of the recognised inspection agency supplied under subclause (3)(b) in relation to the fitting:
(5) On receiving the information required under subclause (4), the Authority must—
(a) allocate a register number to the cylinder fittings; and
(b) enter the details of the cylinder fittings on the register kept under regulation 77.
The heading to regulation 36 was amended, as from 23 September 2004, by regulation 13(1) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “Test certificate for”
for the words “Clearance of”
.
Subclause (1) was substituted, as from 23 September 2004, by regulation 13(2) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
Subclause (3) was amended, as from 23 September 2004, by regulation 13(3)(a) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “test certifier”
for the words “enforcement officer”
.
Subclause (3) was amended, as from 23 September 2004, by regulation 13(3)(b) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “a test certificate”
for the word “clearance”
.
Subclause (4) was amended, as from 23 September 2004, by regulation 13(3)(a) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “test certifier”
for the words “enforcement officer”
in both places they appear.
Subclause (4) was amended, as from 23 September 2004, by regulation 13(3)(c) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “test certificate for”
for the words “clearance to”
.
Subclause (4)(a) was amended, as from 23 September 2004, by regulation 13(3)(d) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “test certificate”
for the word “clearance”
.
If a test certifier fails to give a test certificate under regulation 36, the test certifier must—
(a) either—
(i) allow all fittings in that batch to be brought into compliance, if the test certifier considers this is possible; or
(ii) oversee the disposal of every fitting by—
(A) physically altering each fitting so that the fitting is unable to be used, or be returned to a state in which it could be used, with any cylinder containing compressed gas; or
(B) being satisfied that every fitting has been returned to the country of origin; and
(b) provide a report to the Authority setting out how the requirements of this regulation have been met.
Regulation 37 was amended, as from 23 September 2004, by regulation 14(a) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “a test certifier”
for the words “an enforcement officer”
.
Regulation 37 was amended, as from 23 September 2004, by regulation 14(b) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “test certificate”
for the word “clearance”
.
Regulation 37 was amended, as from 23 September 2004, by regulation 14(c) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “the test certifier”
for the words “the enforcement officer”
in both places they appear.
(1) The Authority may, in any particular case, waive the requirements of regulation 36 on an application made in the approved form.
(2) In considering whether or not to grant a waiver, the Authority must have regard to—
(a) the types and quantities of fittings to which the application relates; and
(b) the compliance and quality control history of the manufacturer of the fittings to which the application relates; and
(c) the similarity of the design and manufacture of the fittings to the design and manufacture of other fittings previously supplied by that manufacturer.
(1) A refillable cylinder and a fire extinguisher (whether refillable or not) must be marked with the following information:
(a) the register number of the cylinder design to which the cylinder or fire extinguisher was manufactured:
(b) the manufacturer's serial or batch number for the cylinder or fire extinguisher.
(2) A refillable cylinder must be marked with the following information:
(a) the name or mark of the manufacturer of the cylinder:
(b) the test pressure specified in the standard to which the cylinder was designed:
(c) if the refillable cylinder will contain permanent gas, the charging pressure, at 15°C, of the refillable cylinder:
(d) the water capacity of the refillable cylinder:
(e) the weight of the refillable cylinder when empty, excluding the cylinder's valve and any attachment to the cylinder that is not permanent:
(f) if the gas is liquefiable, the weight of the refillable cylinder, including the valve but not the valve cover (if any):
(g) the month and year that the refillable cylinder was manufactured:
(h) the mark of the recognised inspection agency that issued the manufacturing certificate under regulation 16 in respect of the refillable cylinder:
(i) the month and year of each periodic test conducted in accordance with regulation 52 (if any):
(j) the mark of the periodic tester who conducted the periodic test.
(3) A fire extinguisher must be marked with a fire extinguisher registration number issued by a product certification body.
(4) Subclause (1)(a) does not apply to a fire extinguisher unless the fire extinguisher contains a permanent gas or a liquefiable gas.
Subclause (2)(f) was amended, as from 23 September 2004, by regulation 15 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by inserting the words “if the gas is liquefiable,”
before the words “the weight”
.
A cylinder that may or will be used to contain dry gas must be marked with a 5 pointed star.
A cylinder that may or will be used to contain a toxic gas of class 6.1A or 6.1B must be marked with a skull mark.
(1) The information marked in accordance with regulations 39 to 41 must comply with regulation 35 of the Hazardous Substances (Identification) Regulations 2001.
(2) The information marked on a cylinder must be permanently marked but not so as to weaken the design strength of the cylinder.
A person must not tamper with a mark on a cylinder fitting.
A cylinder valve must have the following markings:
(a) the valve open and closed positions:
(b) the manufacture's mark or identifier:
(c) the design standard to which the valve was manufactured:
(d) the batch number:
(e) the operating pressure for the pressure relief device:
(f) the date of manufacture or a code in the batch number that links to a date of manufacture.
A regulator must have the following markings:
(a) the manufacturer's mark or identifier:
(b) the design standard to which the regulator was manufactured:
(c) the manufacturer's batch number:
(d) the date of manufacture of the regulator or a code in the batch number that links to the date of manufacture:
(e) information identifying the gas or gases for which the regulator is intended to be used.
Paragraph (e) was amended, as from 23 September 2004, by regulation 16 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the word “regulator”
for the word “regulation”
.
A cylinder adaptor must have the following markings:
(a) the manufacturer's mark or identifier:
(b) the date of manufacture of the cylinder adaptor:
(c) the connection compatibilities of the cylinder adaptor.
An automatic changeover device must have the following markings:
(a) the manufacturer's mark or identifier:
(b) the design standard to which the device was manufactured:
(c) either—
(i) the manufacturer's batch number; or
(ii) the date of manufacture of the device, or a code in the batch number that links to the date of manufacture.
(d) [Revoked]
Paragraph (c) was substituted, as from 23 September 2004, by regulation 17 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
Paragraph (d) was revoked, as from 23 September 2004, by regulation 17 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
(1) The marking of fittings in accordance with regulations 44 to 47 must comply with regulation 35 of the Hazardous Substances (Identification) Regulations 2001.
(2) The information marked on a fitting must be permanently marked but not so as to weaken the design strength of the fitting.
(1) An aerosol dispenser must be—
(a) marked with a batch identifier; and
(b) able to be traced (through markings or documentation) to the manufacturer of the empty aerosol dispenser.
(2) An aerosol dispenser must be marked with the following information according to the requirements for comprehensibility, clarity, and durability in regulations 34 to 36 of the Hazardous Substances (Identification) Regulations 2001:
(a) a warning that the contents are under pressure:
(b) a warning not to expose the aerosol dispenser to heat and not to pierce or burn it, even after use.
(1) A filled non-refillable container must be—
(a) marked with a batch identifier; and
(b) able to be traced (through markings or documentation) to the manufacturer of the empty non-refillable cylinder.
(2) A filled non-refillable container must be marked with the following information according to the requirements for comprehensibility, clarity, and durability in regulations 34 to 36 of the Hazardous Substances (Identification) Regulations 2001:
(a) a warning that the contents are under pressure, except that this paragraph does not apply to non-refillable containers that are fire extinguishers:
(b) a warning not to expose the cylinder to heat and not to pierce (other than intended piercing for use) or burn it, even after use.
A person must not use a cylinder beyond the maximum life of the cylinder specified in the standard to which the cylinder was designed.
Regulation 51 was substituted, as from 23 September 2004, by regulation 18 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
(1) A person must not charge a cylinder unless the cylinder has passed the tests in subclause (3) at the intervals following manufacture specified in the following table:
| Type of cylinder | Interval (years) |
|---|---|
| Cylinder for liquefied petroleum gas | 10 |
| Cylinder not designed or used for under water use, other than fibre wrapped composite cylinder | 5 |
| Fibre wrapped composite cylinder | 3 |
| Fire extinguisher | 5 |
| Cylinder with shrunk-on foot rings | 2 |
| Cylinder for any of the following gases: | |
| argon, cyclopropane, ethylene, helium, hydrogen, krypton, neon, nitrogen, nitrous oxide, xenon, and mixtures of them containing not more than 30% by volume of carbon dioxide. | 10 up to 40 years of age, then 5-year intervals |
| Cylinder for acetylene: | |
| monolithic mass (visual inspection) | At 1 year after entering service, then 10-year intervals |
| other porous mass (visual inspection) | 1 |
| All other cylinders | 5 |
(2) The Authority may, by notice in the Gazette, alter a testing interval specified in subclause (1) in any particular case if the Authority is satisfied that the testing interval as varied will provide for an equivalent level of safety as the testing intervals for other types of cylinders in the table.
(3) A periodic tester must issue a periodic certificate for a cylinder if the cylinder passes the visual inspections and tests specified in—
(a) the standard to which the cylinder was designed; or
(b) AS 2337.1; or
(c) for acetylene dissolved in solvent, AS 2030.2; or
Subclause (1) was amended, as from 23 September 2004, by regulation 19(1) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the item relating to Cylinder for acetylene, Monolithic mass (visual inspection), and Other porous mass (visual inspection).
Subclause (2) was amended, as from 23 September 2004, by regulation 19(2) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by omitting the word “other”
in the second place where it appears.
(1) A periodic tester must—
(a) keep records for all testing in accordance with the requirements in AS 2337.1 and retain those records for a period of not less than the relevant periodic inspection interval specified in regulation 52(1) plus 1 year; and
(b) if a cylinder passes the inspections and tests specified in regulation 52(3)—
(i) issue a periodic certificate; and
(ii) mark the cylinder in accordance with Part 6; and
(c) if a cylinder fails any of the inspections or tests specified in regulation 52(3),—
(i) decline to issue a periodic certificate; and
(ii) provide the owner of the cylinder with a copy of the test report stating the reasons for the failure.
(2) If a cylinder fails an inspection or test specified in regulation 52(3) due to reasons other than neck thread inserts or re-machining or markings being obliterated, the owner may have the cylinder retested under the supervision of an enforcement officer.
(3) If a cylinder fails an inspection or test specified in regulation 52(3) the owner may have the cylinder repaired if repair is provided for in the design to which the cylinder was manufactured and have the cylinder re-tested.
(4) If a cylinder has failed an inspection or test specified in regulation 52(3), a periodic tester must not allow a person to remove the cylinder from the periodic tester's premises except with the consent of an enforcement officer.
(5) Subclause (4) does not apply if the periodic tester, with the owner's permission or, if 30 or more days have elapsed since the cylinder fails the inspection or test, without the owner's permission, alters or oversees the alteration of the cylinder so that it is—
(a) not able to contain compressed gas; and
(b) not able to be returned to a state in which it could contain compressed gas.
(1) If a cylinder fails a periodic test due to a deficiency in the design, or in the manufacture of the design, the Authority may—
(a) suspend the design verification certificate and register number; and
(b) request a test certifier to review the relevant design verification certificate.
(2) If the result of a review under subclause (1)(b) is that the design of the cylinder is not adequate to ensure that cylinders manufactured to it are safe during the expected lifetime of the cylinder, the Authority may—
(a) cancel the design verification certificate and register number for the design; and
(b) recall all cylinders manufactured to that design for destruction.
(1) A person must not charge a compressed gas cylinder with LPG unless the valve and pressure relief device has passed the tests in subclause (2).
(2) A periodic test for a LPG valve and pressure relief device must be carried out by a periodic tester who must—
(a) inspect the valve for wear or damage; and
(b) ensure that the pressure relief device is functioning; and
(c) ensure that the valve is free from leaks.
(3) A periodic test must be undertaken—
(a) within 10 years after the manufacture of the compressed gas cylinder; and
(b) thereafter at intervals of not greater than 10 years.
Subclause (1) was amended, as from 23 September 2004, by regulation 20 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by omitting the words “before the first filling after 10 years after manufacture”
.
(1) A person must not charge a cylinder with gas unless the person is satisfied that—
(a) the cylinder is marked in accordance with Part 6; and
(b) the period since the last periodic inspection specified in regulation 52 relating to the type of cylinder has not expired; and
(c) the maximum life specified in the standard to which the cylinder was designed has not expired; and
(d) [Revoked]
(e) there is no evidence of damage or corrosion of the cylinder and valve that indicates that the cylinder may fail a periodic test or that the cylinder's associated fittings may leak; and
(f) an over-pressure protection device fitted in accordance with regulation 30 is free of any sign of corrosion, has a clear discharge channel, shows no sign of leakage, and is fitted so that an escape of gas is not obstructed by the cylinder's design.
(2) Subclause (1)(a) does not apply if—
(a) the cylinder has been manufactured outside New Zealand and is on a foreign ship (as defined in section 2(1) of the Maritime Transport Act 1994) or on an aircraft that is registered in a country other than New Zealand; and
(b) the cylinder is labelled or marked in compliance with—
(i) Maritime Rule 24A Carriage of Cargoes—Dangerous Goods (made under Part 3 of the Maritime Transport Act 1994); or
(ii) Civil Aviation Rule 92: Carriage of Dangerous Goods (made under Part 3 of the Civil Aviation Act 1990).
Subclause (1)(b) was amended, as from 23 September 2004, by regulation 21(a) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by omitting the words “size and”
.
Subclause (1)(d) was revoked, as from 23 September 2004, by regulation 21(b) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
Subclause (2) was amended, as from 23 September 2004, by regulation 21(c) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the expression “Subclause (1)(a)”
for the words “Subclause (1)(a) to (d) and (f)”
.
Subclause (2)(a) was amended, as from 23 September 2004, by regulation 21(d) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by inserting the words “and is on a foreign ship (as defined in section 2(1) of the Maritime Transport Act 1994) or on an aircraft that is registered in a country other than New Zealand”
after the words “New Zealand”
.
(1) A person must not charge an aerosol dispenser with a gas of class 6.1A or 6.1B to an LC50 less than or equal to 200 parts per million.
(2) Subclause (1) does not apply to aerosols with a brimful capacity 100 ml or less and an internal gauge pressure at 20C of less than 170 kPa.
A person must not charge a non-refillable container with a gas of class 6.1A or 6.1B to an LC50 less than or equal to 200 parts per million.
(1) A person must not charge a compressed gas container with compressed gas unless the person is an approved filler.
(2) Subclause (1) does not apply to a person who fills a portable resuscitation cylinder.
Subclause (1) was substituted, as from 23 September 2004, by regulation 22 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
(1) An approved filler must hold an approved filler certificate issued by a test certifier who is approved to certify the competence of approved fillers.
(2) A test certifier must not issue an approved filler certificate to a person unless satisfied that the person—
(a) knows and can describe, in relation to the types of gases and containers he or she will be approving to charge, the following:
(i) the different forms of compressed gases, being:
(A) low pressure liquefiable gas:
(B) high pressure liquefiable gas:
(C) permanent gas:
(D) gas that may be held at cryogenic temperatures:
(ii) the factors that can trigger failure of a compressed gas container:
(iii) the potential adverse effects from failure of a container associated with the different forms of compressed gas including asphyxiation:
(iv) the requirements in these regulations, or in a code of practice approved by the Authority under section 79 of the Act, for visual inspection and safe charging of compressed gas into a container; and
(b) can demonstrate the procedures for safe filling of compressed gas containers.
(3) A test certifier must issue a test certificate to an approved filler on receiving a written record that satisfies the certifier as to the matters in subclause (2), which record must—
(a) be signed by the provider of the course of instruction or work supervisor; and
(b) describe the method used to assess the knowledge and practical skills of the person wishing to become an approved filler; and
(c) state the results of the assessment.
(4) An approved filler certificate must specify the forms and classes of gases and types of containers covered by the certificate.
(1) The maximum filling ratio for, a cylinder or a compressed gas stationary tank to be charged with low pressure liquefiable gases must be such that the liquid phase of gas in the cylinder or compressed gas stationary tank—
(a) will not exceed 97% of the water capacity of the cylinder or compressed gas stationary tank under temperatures during storage; and
(b) will not fill the cylinder or compressed gas stationary tank when the temperature is raised to the following temperatures:
| Water capacity of cylinder or compressed gas stationary tank (litres) | Temperature of liquid contents (°C) |
|---|---|
| Not exceeding 250 | 50.0 |
| Exceeding 250 but not exceeding 5 000 | 47.5 |
| Exceeding 5 000 | 45.0 |
(2) The maximum filling ratio for cylinders and compressed gas stationary tanks to be filled with high pressure liquefiable gases must be such that—
(a) the liquid phase of the gas in the cylinder or compressed gas stationary tank will not exceed 97% of the water capacity of the cylinder or compressed gas stationary tank under temperatures during storage; and
(b) the pressure at the temperatures in the following table will not exceed the maximum developed pressure by more than 20%:
| Water capacity of cylinder or compressed gas stationary tank (litres) | Temperature of liquid contents (°C) |
|---|---|
| Not exceeding 1 000 | 55 |
| Exceeding 1 000 but not exceeding 5 000 | 52.5 |
| Exceeding 5 000 | 47.5 |
Subclause (1) was amended, as from 23 September 2004, by regulation 23(1) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the table.
Subclause (2)(b) was amended, as from 23 September 2004, by regulation 23(2)(a) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by inserting the word “at”
after the words “the pressure”
.
Subclause (2)(b) was amended, as from 23 September 2004, by regulation 23(2)(b) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by omitting the word “in”
in the second place where it appears.
Subclause (2)(b) was amended, as from 23 September 2004, by regulation 23(2)(c) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting in the second column of the table the expression “47.5”
for the expression “57.5”
.
(1) The extent to which a cylinder or compressed gas stationary tank is charged with compressed gas in a liquid form must be determined by the weight of gas to meet the applicable filling ratio specified in regulation 61.
(2) The weight of a charged cylinder or compressed gas stationary tank must be checked after disconnecting the cylinder or compressed gas stationary tank from the charging line.
(3) However, subclause (2) does not apply to a compressed gas stationary tank if the compressed gas stationary tank is charged by ullage or contents gauges according to section 6.4.1 of AS 2030.1.
(4) Subclause (2) does not apply to any of the following cylinders if the cylinder is filled by ullage or contents gauges according to section 6.4.1 of AS 2030.1:
(a) cylinders permanently mounted on a vehicle, but not used for the vehicle's motive power:
(b) cylinders clamped but not permanently mounted on a vehicle, and used for the vehicle's motive power:
(c) a cylinder or compressed gas stationary tank operating under a code of practice approved by the Authority under section 79 of the Act relating to cylinder filling.
(5) A cylinder of less than 4 kg (nominal capacity) that is not of a type specified in subclause (4) may be filled by decant pressure differential on scales using a dip tube or ullage tube.
(1) [Revoked]
(2) The quantity of liquefied gas charged into a cryogenic container of up to 500 litres must be such that—
(a) the liquid contents do not occupy more than 85% of the volume of the container; and
(b) the pressure of the contents when the container is closed—
(i) does not cause the design limits for the cylinder materials in relation to wall stress, yield stress, or tensile strength to be exceeded; and
(ii) does not exceed 50 percent of the test pressure; and
(iii) does not exceed the maximum developed pressure for withdrawal of the gas.
(3) The extent to which a cryogenic container of 500 litres or greater is charged must be determined by volume with a fixed level measuring device.
(4) The quantity of liquefied gas charged into a cryogenic container of 500 litres or greater must be such that the liquid contents do not occupy more than 95% of the volume of the container at the standard working pressure of the container.
Subclause (1) was revoked, as from 23 September 2004, by regulation 24 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255).
The pressure developed by a permanent gas in a cylinder or compressed gas stationary tank at 65°C must not exceed 85% of the test pressure specified in the standard to which the cylinder or compressed gas stationary tank was designed.
Regulation 64 was amended, as from 23 September 2004, by regulation 25 Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the expression “65°C”
for the expression “65C”
.
Cylinders that are being or have been used for class 6.1 gases with an inhalation toxicity must not be used to contain gases for human respiration or for products for human consumption.
(1) A person must not charge a cylinder with a gas (the new gas) that is different from the gas that the cylinder previously contained (the original gas) unless the new gas is provided for in the design to which the cylinder was manufactured, and
(a) either—
(i) the new gas is compatible with the original gas contents; or
(ii) the original gas contents are rendered safe or removed from the cylinder by treating the cylinder in the manner described in the applicable design in accordance with—
(A) section 7 of AS 2030.1; or
(B) a code of practice for change of gas contents approved by the Authority under section 79 of the Act relating to refilling cylinders that specifies requirements that are equivalent to the requirements of the standard referred to in subsubparagraph (A); and
(b) the person makes the necessary consequential changes to identification and testing specific to the new gas.
(2) In subclause (1), compatible means that the new gas—
(a) is chemically inert if brought into contact with—
(i) the original gas for the range of temperatures and pressures to which the mixture is exposed during its life cycle; and
(ii) residues from sources encountered during the life of the cylinder; or
(b) if it is chemically reactive when brought into contact with the original gas, will not—
(i) cause combustion; or
(ii) cause an explosion; or
(iii) produce a hazardous substance with a classification under the Hazardous Substances (Classification) Regulations 2001 that is different from the classification of the new gas.
A person must not charge carbon dioxide, other than a mixture of carbon dioxide and other gases, into a cylinder or a compressed gas stationary tank unless the carbon dioxide is not less than 99 percent pure (vol/vol).
This Part applies to a place if there is held in that place, or is reasonably likely to be held in it on any occasion, a total quantity of compressed gas greater than—
(a) in the case of permanent gas, 900 m, determined at a pressure of 101.3 kPa absolute and a temperature of 15°C; or
(b) in the case of liquefied gas, 1 500 kg.
Paragraph (a) was amended, as from 23 September 2004, by regulation 26(a) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by substituting the words “900 m, determined at a pressure of 101.3 kPa absolute and a temperature of 15°C”
for the expression “900 m”
.
Paragraph (b) was amended, as from 23 September 2004, by regulation 26(b) Hazardous Substances (Compressed Gases) Amendment Regulations 2004 (SR 2004/255) by omitting the words “, determined at a pressure of 101.3 kPa absolute and a temperature of 15°C”
.
The person in charge of a place to which this Part applies must have an emergency response plan relating to any compressed gases—
(a) present at the place; or
(b) reasonably likely to be held in it; or
(c) reasonably likely to be held in it on occasion.
(1) An emergency response plan must describe all of the reasonably likely emergencies that may arise from the breach or failure of controls on compressed gases to which it relates.
(2) An emergency response plan must, for each reasonably likely emergency,—
(a) describe the actions to be taken to—
(i) warn people at the place, and in surrounding areas that may be adversely affected by the emergency, that an emergency has occurred; and
(ii) advise those people about the actions they should take to protect themselves; and
(iii) help or treat any person injured in the emergency; and
(iv) manage the emergency so that its adverse effects are first restricted to the area initially affected, then, as soon as practicable, reduced in severity, then, if reasonably possible, eliminated; and
(v) if any of the compressed gas concerned remains, re-establish the controls imposed on it when it was approved; and
(b) identify every person with responsibility for undertaking any of the actions described in paragraph (a) (or any part of any of those actions) and give information on—
(i) how to contact the person; and
(ii) any skills the person is required to have; and
(iii) any actions that person is expected to take; and
(c) specify—
(i) how to obtain information about the compressed gases and their means of control; and
(ii) actions to be taken to contact an emergency service provider; and
(iii) the purpose and location of each item of equipment or material to be used to manage the emergency; and
(iv) how to decide what actions to take; and
(v) the sequence in which actions should be taken.
All equipment and materials described in an emergency response plan, and all responsible people described in an emergency response plan who are on duty, must—
(a) be present at the location concerned; or
(b) be available to reach the location of the compressed gas within the times specified in the plan; or
(c) in the case of a trained person, be available to provide the advice or information specified in the plan within a time specified in the plan.
(1) An emergency response plan must be available to every person identified under regulation 70(2)(b) as being responsible for executing the plan or a specific part of it, and to every emergency service provider identified in it.
(2) The information in an emergency response plan must meet the standards of presentation required by Part 2 of the Hazardous Substances (Identification) Regulations 2001.
(1) An emergency response plan must be tested at least every 12 months.
(2) Tests undertaken under subsection (1) must demonstrate that every procedure or action in the plan is workable and effective.
(3) If there is a change to the persons, procedures, or actions specified in an emergency response plan, the plan must be tested within 3 months of the change; and the test must demonstrate that—
(a) the changed persons can perform their functions under the plan; and
(b) each changed procedure or action is workable and effective.
(4) The carrying out and the results of every test must be documented; and the documentation must be retained for at least 2 years.
An emergency response plan can be part of other management documentation for an emergency whether—
(a) required by the Act or some other Act; or
(b) undertaken by a person or organisation for some other reason.
(1) The Authority must keep a register of each cylinder design for which there is—
(a) a current design verification certificate issued in accordance with regulation 15:
(b) an existing design standard under regulation 5.
(2) The Authority must ensure the register is available for public inspection.
(3) For each design verification certificate for which a register number has been allocated, the Authority must record the following details:
(a) the date of registration:
(b) the design standard or design standard approved as a code of practice:
(c) the name of the manufacturer:
(d) the water capacity:
(e) the outer diameter:
(f) the wall thickness:
(g) the material specification, material, and method of construction:
(h) information identifying every gas or gases for which the cylinder is intended to be used:
(i) the fill ratio or charging pressure:
(j) the test pressure:
(k) the neck thread details:
(l) any special conditions that the Authority considers are necessary to promote the safe use of the cylinder:
(m) the name and country of origin of the third party inspection agency:
(n) whether the specification has been amended, withdrawn, or suspended.
(1) The Authority must keep a register of every cylinder design in respect of which a special register number has been allocated under regulation 21.
(2) The Authority must ensure that the register is available for inspection.
(3) For each cylinder design for which a special register number has been allocated, the Authority must record the following details:
(a) the date of registration:
(b) the design standard or design standard approved as a code of practice:
(c) the name of the manufacturer:
(d) the water capacity:
(e) the outer diameter:
(f) the wall thickness:
(g) the material specification, material, and method of construction:
(h) information identifying every gas or gases for which the cylinder is intended to be used:
(i) the fill ratio or charging pressure:
(j) the test pressure:
(k) the neck thread details:
(l) any special conditions that the Authority considers are necessary to promote the safe use of the cylinder:
(m) the name and country of origin of the third party inspection agency:
(n) whether the specification has been amended, withdrawn, or suspended.
(1) The Authority must keep a register of every cylinder fitting design for which a register number has been allocated under regulation 36.
(2) The Authority must ensure that the register is available for public inspection.
(3) For each cylinder fitting, the Authority must record the following details:
(a) the date of registration:
(b) the design standard or design standard approved as a code of practice:
(c) the name of the manufacturer:
(d) the material specification, material, and method of construction:
(e) information identifying every gas or gases for which the fitting is intended to be used:
(f) the thread or connection details:
(g) any special conditions that the Authority considers are necessary to promote the safe use of the fitting:
(h) for LPG fittings only, the name and country of origin of the recognised inspection agency:
(i) whether the specification has been amended, withdrawn, or suspended.
(1) The Authority must keep a register of every cylinder fitting for which a register number has been allocated under regulation 38.
(2) The Authority must ensure that the register is available for public inspection.
(3) For each cylinder fitting for which a special register number has been allocated, the Authority must record the following details:
(a) the date of registration:
(b) the design standard or design standard approved as a code of practice:
(c) the name of the manufacturer:
(d) the material specification, material, and method of construction:
(e) information identifying every gas or gases for which the fitting is intended to be used:
(f) the thread or connection details:
(g) any special conditions that the Authority considers are necessary to promote the safe use of the fitting:
(h) for LPG fittings only, the name and country of origin of the recognised inspection agency:
(i) whether the specification has been amended, withdrawn, or suspended.
If the Authority considers that a fitting, aerosol, or non-refillable container currently in New Zealand is unsafe, the Authority may withdraw a design for that fitting, aerosol, or non-refillable container and may recall the fitting, aerosol, or non-refillable container.
(1) The Authority must keep on the appropriate register kept under this Part a record of all specifications and designs that were, immediately before the commencement of these regulations, approved under regulation 8 of the Dangerous Goods (Class 2—Gases) Regulations 1980.
(2) These specifications and designs must be treated as designs for which verification certifications have been issued under these regulations.
Diane Morcom,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 26 March 2004, set out updated controls to manage compressed gases under the Hazardous Substances and New Organisms Act 1996. Compressed gases covered by these regulations will no longer be subject to the controls in the Dangerous Goods (Class 2—Gases) Regulations 1980.
Date of notification in Gazette: 4 March 2004.
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