WorkSafe has granted an exemption (HS2206) to CBRE Limited from compliance with regulations 17.63(7)(e) and 17.64(2)(b) in relation to the three stationary tanks located on level 1 and the service tank located on level 6 of the ANZ Tower at 21-29 Albert Street, Auckland.
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—
- the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
- the exemption is not inconsistent with the purpose of the Act; and
- this is a situation where it is necessary and appropriate to exercise discretion to grant an exemption under section 220(1).
WorkSafe also notes that:
- it is not practicable to move the stationary tanks to meet the 450mm distance as the risks are negligible.
- it is not practicable to replace the service tank as the risks associated with a greater capacity is mitigated by the tank design and the firefighting capabilities in place.
The exemption comes into effect 2 February 2024 and expires on 2 February 2029 unless it is replaced sooner or revoked.