Health and Safety at Work (Hazardous Substances) Regulations 2017

9.34 Requirements for exclusion zone

(1)

A PCBU who establishes an exclusion zone must ensure that the exclusion zone has a minimum boundary that—

(a)

encompasses the discharge area for ground-level displays; and

(b)

for low-level displays, is 50 m from the outermost firing point in the discharge area; and

(c)

for high-level displays over 60 m,—

(i)

has a horizontal width, measured at right angles to the intended line of flight from either side of the most lateral points of firing for aerial shells from the discharge area, of at least the distance specified in table 3 in Schedule 8; and

(ii)

has a horizontal length, measured along the intended line of flight from the point of firing for aerial shells from the discharge area, of at least the distance specified in table 4 in Schedule 8.

(2)

Despite subclause (1), if a shell with a diameter of 300 mm or more is to be used in such an outdoor display, and if WorkSafe has specified distances more than those in tables 3 and 4 in Schedule 8 as sufficient to ensure that any debris or malfunctioning shells fall within the exclusion zone so defined, the exclusion zone may have those dimensions.

(3)

Despite subclause (1), if a shell to be used in the outdoor display has a diameter of less than 300 mm and a restricted burst pattern radius, and if WorkSafe has specified distances less than those in tables 3 and 4 in Schedule 8 for shells of that diameter but not less than twice the burst radius, the exclusion zone may have those dimensions.

(4)

The PCBU must have documented arrangements for excluding from the exclusion zone people, vehicles, boats, and aircraft not associated with the display.

(5)

The PCBU must control all exclusion zones so as to—

(a)

exclude persons, vehicles, boats, or aircraft not associated with the display; and

(b)

exclude class 2, 3, 4, and 5 substances unless they are protected so that they cannot be ignited by burning debris or ignited pyrotechnic material; and

(c)

treat or safeguard the ground and any vegetation so that a fire cannot spread more than 5 m from the point of ignition; and

(d)

provide the fire fighting capability specified by Fire and Emergency New Zealand.

(6)

A PCBU who contravenes subclause (4) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

(7)

A PCBU who contravenes subclause (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2001/116 r 38