PERFORMANCE STANDARD - Performance Standard for Issuing Location Test Certificates

 
Performance Standard for Issuing Location
Test Certificates
For test certifiers
August 2013

PERFORMANCE STANDARD
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                                                                     Performance standard for issuing location test certificates

Preface
This standard is one of a series produced by the Environmental Protection Authority (EPA) to assist test
certifiers in their certification work. The EPA expects all test certifiers to operate in accordance with this
standard.

The performance of test certifiers will be audited against the performance standards issued by the EPA, as
will any complaints made against a test certifier. If through auditing and/or investigation of complaints it is
found that test certifiers are not performing their functions in accordance with this standard the EPA may
amend or cancel the test certifier’s approval in accordance with its powers under the HSNO Act.

This document is not intended to be a comprehensive review of the relevant legislation. It covers those items
subject to test certification. If in doubt, refer to the appropriate regulations or site and storage document.

This standard does not address the test certification of class 1 explosive substances.

This document includes checklists and supporting forms for test certifiers to use. These checklists (or
equivalent documents used by the test certifier) must be completed and kept for future reference and audit.

As a test certifier, you must be knowledgeable on the HSNO regulations, relevant codes of practice and
guidance material published by the EPA, enforcement agencies

A code of practice is a document of formal standing under the Hazardous Substances and New Organisms
Act (the Act), and has to be approved by the EPA. Compliance with an approved code of practice is a
means of compliance and a defence in law.

A guideline document has no formal standing under the Act.

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                                                                           Performance standard for issuing location test certificates

Introduction
This standard establishes the procedure that test certifiers must follow when issuing a location test certificate
for classes 2 to 5 substances under the provisions of the Hazardous Substances and New Organisms
(HSNO) Act 1996.

A location test certificate must be held where flammable and oxidising substances are present in quantities
that exceed their respective thresholds. The threshold limits for a hazardous substance location are set out
in Schedule 3 and regulations 98 and 120 of the Hazardous Substances (Classes 1 to 5 Controls)
Regulations 20011 or in the site and storage conditions for the appropriate group standard.

Prior to commissioning a hazardous substance location, a test certifier must certify that hazardous substance
locations meet the requirements of the HSNO regulations. A test certifier must therefore carry out a physical
inspection of the location and review relevant documentation in accordance with this standard to ensure the
requirements are met.

This standard:
 identifies the requirements for hazardous substance locations
 provides guidance on the steps that shall be taken by test certifiers to confirm the requirements have
      been met
 provides a template that test certifiers should use to keep a record of their assessment
 provides a point of reference against which the performance of test certifiers may be audited, and
 provides a point of reference for the investigation of any complaint against a test certifier.

Hazardous substance location requirements
The need for a hazardous substance location test certificate depends on the classes of substances that are
being stored or used at a place. The person in charge of the place must identify the hazardous substance
location(s) present and is responsible for ensuring the regulations apply.

The person in charge (the applicant) must also ensure that the location has a current location test certificate
and engage a test certifier to provide the test certificate.

The test certifier must confirm that the correct requirements have been identified and verify that they have
been complied with.

Table 1 below provides a summary of the requirements that are relevant to class 2, 3, 4 and 5 substances.
Section 3 describes the requirements and the steps that should be taken by the test certifier to verify that
these requirements have been met.

1
    Threshold values may be varied for specific substances. Test certifiers should refer to the EPA’s database “Controls for
    approved hazardous substances” or relevant group standards to check if this is the case.

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                                                                   Performance standard for issuing location test certificates

     Table 1 Summary of requirements for hazardous substance locations

                                                   Classes
      Requirement                                  2.1.1, 2.1.2     3.2 & 4          5.1.1 &          5.2
                                                   & 3.1                             5.1.2
      Notification to enforcement agency                                                           

      Approved handler                                                                             

      Hazardous atmosphere zones established                       X                X                X

      Controls on unintended ignition

      Ignition sources                             X                                                

      Temperature controls                         X                                                

      Segregation of incompatible substances                                                       

      Controlled zones                                                                             

      Equipment and clothing                       X                X                                

      Site plan                                                                                    

      Signage                                                                                      

      Emergency management

      Documentation                                X                X                                

      Fire extinguishers                                                                           

      Emergency response plan                                                                      

      Secondary containment                                                                        

Items to be test certified
Notification
The person in charge of a hazardous substance location must, before commissioning the location, notify the
responsible enforcement officer in the area where the hazardous substance location is located. The
notification must be made at least 30 days in advance of the location being commissioned, or 5 days in
advance in the case of LPG.

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                                                                            Performance standard for issuing location test certificates

The applicant must be able to demonstrate to the test certifier that they have provided the following
information to the appropriate enforcement officer2:

 the street address of the place in which the hazardous substance location(s) is/are located, and
 the maximum quantity and hazard classification of each hazardous substance that the hazardous
      substance location is designed or constructed to accommodate.

The test certifier must see copies of the applicant’s letter to the enforcement agency.

If the applicant has not notified an enforcement officer, or the record is lost, the test certifier should provide a
copy of the notification form for the person in charge to complete and send. A form is available on the test
certifier secure part of the EPA website.

Approved handler controls
Approved handlers
Approved handler controls apply where the quantity of hazardous substances exceeds the thresholds
specified in Table 2 of Schedule 3, Table 3 of Schedule 4 and Table 2 of Schedule 5 of the Hazardous
Substances (Classes 1 to 5 Controls) Regulations 2001, or the appropriate group standard.

Where these controls apply there must be an approved handler available who is authorised to handle the
relevant substances.

In order to confirm an approved handler is available the test certifier shall see copies of approved handler
test certificates and review them to ensure the approved handler is authorised to handle the substances held
on site in the manner that the substances are being used. The test certifier need not take a copy of the
approved handler test certificate but the unique test certificate number(s) should be recorded.

The following questions should be asked:
 Is the person named on the certificate still an employee of the company?
 Are the approved handler certificates valid (what is the date of expiry)?
 Are the substances on the certificate the same as those being handled on site?
 Is the activity specified on the test certificate consistent with the activities being carried out on site?

Security
When the approved handler requirements are triggered it is also necessary to confirm that the relevant
substance(s) may be secured so that unauthorised people cannot gain access to them.

2
    In most cases the enforcement officer will be found at the local office of the Ministry of Business Innovation and
    Employment Labour Group.

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                                                                    Performance standard for issuing location test certificates

For class 4.1.2A, 4.1.2B, 4.1.2C and 4.1.2D substances the test certifier must confirm that substances are
secured in a container that conforms to:
 the appropriate construction requirements for containers set out in section 3 of AS 2714:1993, or
 another standard approved by the EPA.

Where class 5.2A, 5.2B, 5.2C, or 5.2D substance are required to be secured, the test certifier must confirm
the substances are secured in a container (not packaging) that conforms to:
 the appropriate construction requirements for containers set out in section 3 of AS 2714:1993, or
 another standard approved by the EPA.

For all other class 2, 3, 4 and 5 substances the test certifier must confirm that these substances are secured
so that no unauthorised people can gain access without tools, keys or any other device for operating locks.

Hazardous atmosphere zone
A hazardous atmosphere zone must be established where there are class 2.1.1, 2.1.2 or 3.1 substances
present in quantities that exceed the thresholds specified in Table 3 of Schedule 3 of the Hazardous
Substances (Classes 1 to 5 Controls) Regulations 2001, or the appropriate group standard.

Where these requirements apply, the hazardous atmosphere zone(s) must be classified in accordance with
AS/NZS 60079.10.1:2009 Classification of Areas – Explosive Gas Atmospheres. The zone must be
documented and the person in charge must ensure operations in the hazardous atmosphere zone comply
with either one of regulations 61, 63, 65, 67 or 69 of the Hazardous Substances (Classes 1 to 5 Controls)
Regulations 2001.

The control measures that are required to satisfy the regulations may be generalised as employing one or
more of the protection techniques contained in the AS/NZS standards series on Electrical Equipment for
Explosive Atmospheres. This may involve measures such as limiting the surface temperature, earthing or
protection techniques such as ventilation or the use of special fittings such as flameproof or intrinsically safe
equipment.

When assessing compliance with the hazardous atmosphere zone requirements, test certifiers must confirm
that the zones have been established correctly and that they are being maintained. In order to do this they
must sight and review copies of the following documentation:
 Site plan showing the location of the hazardous atmosphere zone(s);
 Electrical Certificate of Compliance, and
 Periodic inspection report.

Site plan
Test certifiers must make enquiries about the establishing of the hazardous atmosphere zone, the extent of
the zone, the person who carried out the classification and their qualifications to undertake this work.

Responsibility for the accuracy of the hazardous atmosphere zone lies with the person in charge. However,
the test certifier is expected to have a good understanding of the zoning requirements. The test certifier

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must review the site plan and make judicious enquiry to determine whether this zone has been marked on
the site plan correctly and that the plan has been prepared in accordance with the Performance Standard for
Site Plans and Drawings issued by the EPA. Test certifiers need not retain copies of the drawings, but as a
minimum they should note the drawing number, the version number and issue date.

Electrical documentation
If there are any sources of ignition present, the test certifier must confirm that there is a valid electrical
certificate of compliance for the location. For sites that are greater than four years old the test certifier must
then review the most recent periodic inspection reports to confirm that the site is being maintained.

The purpose of reviewing periodic inspection reports is not only to confirm that inspections are being carried
out but also to identify any corrective actions raised by the inspector. The test certifier must consider whether
these actions have been completed or if there is a plan in place for their completion when determining
whether the site is being properly maintained.

For electrical certificates and inspection reports the test certifier should keep a record of the unique
identifiers on the documents and the identity of the issuing organisation.

Site inspection
Test certifiers must conduct an inspection of the site, identify the hazardous atmosphere zone and:
 confirm the accuracy of the site plan
 identify any sources of ignition
 ensure there are appropriate control measures in place, and
 confirm that the hazardous atmosphere zone is being maintained.

Controls of unintended ignition
Ignition sources
In addition to temperature controls the test certifier must confirm that ignition sources are controlled in
accordance with the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. Class 3.2 and 4
substances may not be exposed to any ignition source that may release spark energy in a way that could
result in an explosion or fire.

A location holding class 5.1.1, 5.1.2 or 5.2 substances shall be designed and managed so that any moisture
or any vapour, gas, or particulate matter is not able to make contact with any electrical circuit or equipment
within the location. These classifications shall be separated from ignition sources by at least the distances
specified in Table 5 of Schedule 4 and Table 7 of Schedule 5 of the Hazardous Substances (Classes 1 to 5
Controls) Regulations 2001. Alternatively they may be separated from ignition sources by a wall with a fire
resistance rating of 120/120/120 minutes.

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Test certifiers must:
 inspect the hazardous substance location to determine whether there are any ignition sources present
 if ignition sources are present in areas housing class 3.2 or 4 substances the test certifier must obtain a
   copy of the electrical certificate of compliance to confirm that devices will not release spark energy
 for areas housing class 5.1.1, 5.1.2 and 5.2 substances the test certifier must measure the separation
   distance from the nearest ignition source to confirm the minimum separation distances are in place, and
 if the applicant has chosen to install a wall with a fire resistant rating the test certifier must confirm
   through inspection and by obtaining a copy of ‘as built’ drawings that the wall complies with the FRR
   required by the legislation.

Temperature control
Temperature controls are required for class 3.2, 4.1.1, 4.1.2, 4.1.3, 4.2, 4.3, 5.1.1, 5.1.2 and 5.2 substances.
Class 3.2 and 4 substances must be maintained at a temperature below that specified in Table 6 of
Schedule 3 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. The requirements for
class 5.1.1 and 5.1.2 substances are specified in Regulation 91 and the requirements for class 5.2
substances are specified in Regulation 110 of the Hazardous Substances (Classes 1 to 5 Controls)
Regulations 2001.

A temperature control plan and system must be in place to ensure that substances do not exceed their
control temperatures, and this must:
 monitor and control the temperature of the space in which the substance is located, and
 describe the steps and provide the equipment necessary to restore ambient temperature of the substance
   to below the control temperature in less than the time it would take for the temperature of the substance
   to reach the emergency temperature specified in that table.

In order to determine whether these requirements have been met the test certifier must:
 obtain a copy of the Temperature Control Plan and any other documentation relating to the system for
   temperature control
 check the plan to ensure that correct control and emergency temperatures have been identified for the
   substances held on site
 review documentation to identify what measures have been put in place to control temperature, and
 inspect the location to verify that the relevant equipment specified in the plan is in place.

Segregation of incompatible substances
Incompatible substances at the location must be segregated from one another. Where more than one of the
substance groupings shown below is present it is also necessary to establish separate hazardous substance
locations.

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The test certifier must confirm the following through an inspection of the site inventory, the hazardous
substance location and the site plan:
 Class 2, 3 and 4 substances
      Incompatible substances are separated by a wall with a fire resistance rating of 120/120/120 minutes, or
      by a distance of not less than 3 m. In retail stores a distance of 1.5 m may be allowed when separating
      minor quantities3 of aerosols from incompatible substances.
 Class 5.1.1 and 5.1.2 substances
      Class 5.1.1 and 5.1.2 substances shall be separated from incompatible substances by either:
       a wall with a fire resistance rating of 120/120/120 minutes, or
       the applicable distance specified in Table 4 of Schedule 4 of the Hazardous Substances (Classes 1
         to 5 Controls) Regulations 2001.
 Class 5.2 substances
      Class 5.2 substances must be separated from incompatible substances by either:
       a wall with a fire resistance rating of 120/120/120 minutes (where the hazardous substance location
         site boundary abuts an area of low intensity land use);
       a wall with a fire resistance rating of 240/240/240 minutes (where the hazardous substance location
         site boundary abuts an area of high intensity land use);
       the applicable distance as specified in Table 5 and Table 6 of Schedule 5 of the Hazardous
         Substances (Classes 1 to 5 Controls) Regulations 2001.

Controlled zones
A controlled zone is an area abutting a hazardous substance location that is regulated so that within the
zone, the adverse effects of a hazardous substance are reduced or prevented, and beyond the zone,
members of the public are provided with reasonable protection from those adverse effects.

A controlled zone must be established in a location where class 2 to 5 substances are being stored and
used. For class 2.1.1, 2.1.2 and 3.1 substances, these zones must meet the requirements of Schedule 10 of
the Hazardous Substances (Dangerous Goods and Scheduled toxic Substances) Transfer Notice (the
transfer notice). For classes 4 and 5 substances the requirements are specified in the Hazardous
Substances (Classes 1 to 5 Controls) Regulations 2001. Equivalent requirements are also specified in Group
Standards.

The requirements depend upon the classes of substance and also upon whether substances are being
stored or used, but the fundamental requirements are that:
 access to the controlled zone must be restricted to authorised personnel only
 hazardous substances are separated from adjoining land by a minimum separation distance specified in
      the regulations or by a wall with a specific fire resistance rating, or

3
    Code of Practice for Storage of Class 3.1 substances in retail stores conforming to AS/NZS 3833

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                                                                      Performance standard for issuing location test certificates

 where class 3.1 substances are held in a storage cabinet or in a room in a building with specific fire
     ratings, the separation distances are zero.

Test certifiers must determine whether the requirements have been met and, if there are any approved
waivers issued by the EPA, whether the conditions of the waiver(s) have been met.

Class 2 hazardous substances
Cylinders, above ground stationary tanks, transfer points connected to above ground storage tanks and
cylinder filling stations containing class 2.1.1 substances and buildings containing flammable aerosols (class
2.1.2) must, as a minimum, be separated from the boundary of the controlled zone by the distances specified
in Schedule 10, Parts 3 and 4 of the transfer notice. This is with the exception of cylinders containing
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                                                                   Performance standard for issuing location test certificates

Class 3.1 hazardous substances
The requirements for class 3.1 substances depend upon whether the substances are being stored in an
above ground stationary tank, stored in packages or are in open packages or being used. Above ground
stationary tanks must, as a minimum, be separated from the boundary of the controlled zone by the
distances specified in Schedule 10 of the transfer notice or the appropriate group standard.

Flammable liquids that are either being stored or used must be held in specific types of buildings or storage
cabinets. These buildings and cabinets must be separated from the boundary of the controlled zone by the
distance specified in Schedule 10 of the transfer notice, as a minimum. The exception being Type E
buildings, providing they meet the requirements of Part 5 of Schedule 10.

Requirements may be varied by the EPA upon application by the person in charge of the hazardous
substance location, therefore test certifiers must identify any such ‘waivers’ and confirm that the waiver is
being complied with.

Test certifiers must:
 identify whether the person in charge holds a waiver, provided by the EPA, varying the standard
   requirements. If such a waiver is held this shall be sighted and the test certifier must confirm the
   conditions of this waiver have been complied with
 determine whether substances are being stored or used
 identify the type(s) of building(s) the substance(s) is/are being stored in (for Type E buildings see below);
 establish the quantity being stored in these locations and the size of containers being used for storage
 check whether the quantities meet the requirement of clause 29, Part 3, Schedule 10 of the transfer
   notice
 determine whether the neighbouring land is high or low intensity land use
 check whether the minimum separation distances are met, and
 check whether the buildings and/or cabinets meet the specifications of Schedule 10 of the transfer notice.

Note: If a controlled zone extends beyond the boundary of the site, test certifiers must determine whether
there is an agreement in place with the neighbouring property owner to allow this. Where this occurs,
evidence of a signed agreement from the neighbouring property owner allowing the controlled zone to
extend onto their property must be obtained. This agreement must confirm that the neighbour understands
the implications of the controlled zone and agrees to manage the portion within their property.

Type E buildings
If substances are being stored in a type E building, test certifiers must check the following:
 whether a report has been prepared by an approved test certifier confirming that the type E building
   complies with the requirements of Part 5, Schedule 10 of the transfer notice
 a compliance plan has been prepared for the building and this plan has been approved by the EPA, and
 the requirements of the compliance plan are being met.

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Class 3.2 and 4 hazardous substances
Under the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001, class 3.2 and 4 substances
must be separated from the boundary of the controlled zone by a minimum distance specified in Table 7 or 8
of Schedule 3 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. Alternatively a fire
resistant wall must be installed with the appropriate specification. In either case no unauthorised personnel
should be allowed access to the controlled zone.

Test certifiers must:
 determine whether the neighbouring land is high or low intensity land use
 check whether the minimum separation distances are met, and
 check walls that have been constructed between these hazardous substances and adjoining land to
   determine whether they have the appropriate fire resistance rating.

Class 5 hazardous substances
Controlled zones containing class 5 substances must either be separated from adjoining areas by a wall with
a minimum fire resistance rating or by a minimum distance specified in either Schedule 4 or 5 of the
Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 or the appropriate group standard.

Test certifiers must:
 determine whether the neighbouring land is high or low intensity land use
 check whether the minimum separation distances are met, and
 check walls that have been constructed between these hazardous substances and adjoining land to
   determine whether they have the appropriate fire resistance rating.

Equipment and clothing
Personal protective clothing and equipment may be required for handling many classes of hazardous
substances. However, test certifiers are specifically required to certify that suitable clothing and equipment is
available to people that are likely to be exposed to class 5.1.1, 5.1.2 and 5.2 substances, that this equipment
and clothing is designed and constructed of suitable material and that there procedures in place providing
instruction on their use and maintenance.

Where these requirements are triggered test certifiers shall:
 inspect the premises to confirm that suitable clothing and equipment is available
 determine where procedures/instructions on use and maintenance of equipment and clothing are held
   and that these are readily available to people who come into contact with class 5.1.1, 5.1.2 and 5.2
   substances, and
 request copies of procedures/instructions providing guidance on how and when to use equipment/clothing
   and how they shall be maintained.

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                                                                        Performance standard for issuing location test certificates

Site plan5
The person in charge of the hazardous substance location must ensure there is a site plan available that
shows the physical position, relative to the legal boundaries of the site, of all:
 hazardous substance locations within the place that contain classes 2, 3, 4 or 5 substances
 hazardous atmosphere zones where classes 2 or 3 substances are located, and
 controlled zones within the place.

Site plans must be prepared in accordance with the Performance Standard for Site Plans and Drawings
issued by the EPA. Test certifiers must determine whether there is a site plan available for inspection and if
the site plan meets the minimum acceptable criteria specified in the Performance Standard for Site Plans
and Drawings. Test certifiers should also carry out an inspection of the premises in order to confirm the
location and dimensions of all zones and locations marked on the plan.

Signage6
In order to comply with the hazardous substances location requirements, signage shall be in place for
hazardous substance locations where the quantity of hazardous substances exceeds the threshold specified
in Schedule 3 of the Hazardous Substances (Identification) Regulations 2001. Test certifiers shall check to
see if the threshold quantity and controls have been varied.

In order to determine whether the signage requirements are met test certifiers should inspect the location to
determine whether the signs display the correct information and have been installed in the correct position.

1.1.1. Where must signage be positioned
Where substances are stored in a building, but not in a particular room or compartment within the building,
signage must be positioned at:
 every vehicular and pedestrian access to the land where the building is located
 every vehicular and pedestrian access to the building
 the entrance to the particular room or compartment where the substance is stored
 if hazardous substances are located in a particular room or compartment within a building signage must
     be positioned at each entrance to the room or compartment, and
 where hazardous substances are located outdoors signage must be positioned immediately next to that
     area.

What must be displayed on signage?
If hazardous substances are located in a building, the signage must state:
 that hazardous substances are present, and
 the general type of hazard of each of them.

5
    Refer to Performance Standard for Site Plans and Drawings for Test Certifiers – September 2012
6
    Refer to Performance Standard for Signage for Test Certifiers – September 2012

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                                                                     Performance standard for issuing location test certificates

In addition, when hazardous substances are located in a particular room or compartment within a building, or
if located in an outdoor area, the signage must state:
 the hazardous property of each hazardous substance
 in the case of flammable substance, the precautions necessary to prevent unintended ignition
 in the case of oxidising substances or organic peroxides, the precautions necessary to prevent
     unintended combustion, and
 the actions to be taken in an emergency.

One useful means of recording the adequacy of compliance is to take a photograph of the signs which may
be kept as a record.

Emergency management7
Level 1 emergency management is not subject to test certification. However, Level 2 (documentation and
fire extinguishers) and Level 3 (emergency response plans, secondary containment and signage) do require
certification. These controls apply where the quantities of hazardous substances exceed the thresholds
specified in Schedules 2 to 5 of the Hazardous Substances (Emergency Management) Regulations 2001, or
appropriate group standard, unless the threshold is varied for a specific substance.

The test certifier must therefore identify which requirements require certification by reviewing their copy of
the Hazardous Substances Register for the location and comparing these with the thresholds specified in the
regulations and any substance specific variations.

Documentation
These controls only require certification when triggered by class 5 hazardous substances. The test certifier
must determine whether the person in charge of the hazardous substance location holds copies of Safety
Data Sheets for each of the class 5 substances that trigger these requirements.

The Safety Data Sheets must provide the following information:
 guidance on preparations required for responding to an emergency involving the substance
 special training or equipment required
 actions to be taken in the event of an emergency, and
 where the substances in question are peroxides, this information must include a description of the steps
     to control a fire involving the substance.

7
    Refer to Performance Standard for Secondary Containment – September 2012 and the Performance Standard for Fire
    Extinguishers and Emergency Response Plans for Test Certifiers – September 2012

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Fire extinguishers
The test certifier must determine whether fire extinguishers are required by reviewing the Hazardous
Substances Inventory for the location (including quantities and classifications of substances) and comparing
these with the thresholds in Schedule 3 of the Hazardous Substances (Emergency Management)
Regulations 2001.

Where fire extinguishers are required the test certifier must confirm that:
 the correct number of fire extinguishers are in place
 each of these fire extinguishers must have at least a 30B rating as defined in AS/NZS 1850:1997. A
   2 kg ABC dry powder extinguisher or two 9 litre foam extinguishers will meet the requirement
 fire extinguishers are located no more than 30 metres from the location where the hazardous substances
   are stored, and
 if an emergency response plan is required, the plan must specify the location and type of fire
   extinguishers.

Emergency response plan
The emergency response plan must cover all reasonably likely emergencies that may arise from breach or
failure of the controls for the substance(s) held on site. Test certifiers must ensure there is an Emergency
Response Plan (ERP) for the site and review the plan to make sure it contains the following information:
 all reasonably likely emergencies
 roles and contact details for personnel responsible for responding to emergencies
 contact details for external parties (neighbours, emergency services etc.) who may need to be notified of
   an emergency
 the location, nature and quantity of hazardous substances covered by the plan
 personal protective equipment – the type and location of equipment, and
 actions to be taken in response to emergencies and guidance on how to decide which actions to take.

The test certifier shall then:
 determine whether the ERP is available to every person identified in the plan as having a role in its
   execution, including emergency services providers
 inspect the site to confirm that any PPE specified in the plan is in the correct location(s), and
 check whether there is a testing programme in place and records to demonstrate that the testing
   programme is being carried out.

Test certifiers are not expected to confirm that ‘all reasonably likely emergencies’ have been identified, or to
evaluate the quality or likely effectiveness of the response measures.

Secondary containment
When the quantities of hazardous substance exceed those specified in Schedule 4 of the Hazardous
Substances (Emergency Management) Regulations 2001 it is necessary to install secondary containment for
pooling substances.

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                                                                       Performance standard for issuing location test certificates

The requirements for the containment system depend upon the capacity of the containers in which
hazardous substances are held and whether they are held in containers above or below ground. If two or
more containers of different capacities are held at one place, the containment system must have the capacity
of at least the sum of each container category.

Table 2 Minimum capacity requirements for secondary containment

                                             Quantity – Total pooling potential (TPP)
      Container size
                                             Less than 5,000 L            Greater than or equal to 5,000 L
                                                                                  2,500 L or 25% TPP (whichever is the
      ≤ 60 L                                 At least 50% TPP
                                                                                  greater)

                                                                                  5,000 L or 50% TPP (whichever is the
      > 60 and up to 450 L                   At least 100% TPP
                                                                                  greater)

      > 450 L                                At least 110% of the capacity of the largest containers

      Below ground                           At least 100% TPP

The test certifier must determine whether the threshold quantities for secondary containment have been
exceeded. If it is required, the test certifier must carry out an inspection of the location where pooling
substances are situated and verify that secondary containment is:
 in place
 of the correct capacity
 will contain the substance, and
 allows substances to be recovered.

Conforming to, for example, the Code of Practice for Secondary Containment Systems (COP47) is a means
of compliance.

In addition to this the test certifier must ensure there are controls in place to exclude any energy or ignition
sources and prevent contact between spilled substances and any incompatible substances held on site.

Issuing test certificates
When a test certifier is engaged to evaluate a location they should follow the procedure set out in the
performance standard for test certifier service. It is essential that the test certifier:
 collects necessary data in advance
 visits the location, or arranges for a suitably qualified person to visit the location to collect information,
   and
 visits the site no more than one month before the expiry date.

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                                                                             Performance standard for issuing location test certificates

Where the test certifier is satisfied the requirements have been met they may issue a test certificate. The test
certificate must be:
 issued in accordance with the relevant legislation and follow applicable standards, codes of practice,
    guidelines, rules or directives issued by the EPA
 in the format required by the EPA
 printed from the test certificate register8
 clearly written in plain English, and
 the signature shall be the one normally used by the test certifier, not an abbreviated form, or their initials
 test certifiers shall not issue certificates for a shorter timeframe than that allowed by the legislation without
    the approval of the applicant, and
 test certifiers shall advise the applicant when there is an option to extend the duration of a test certificate,
    notably location test certificates and stationary container system test certificates.

Test certifiers must enter data into the EPA test certificate register. They may then print a copy of the test
certificate directly from the register in the correct format and issue this to their client.

As standard, test certificates should be issued for a period of 12 months. However, test certifiers must inform
the person in charge of the hazardous substance location that they may make an application directly to the
EPA to extend the duration of the test certificate for a longer period (up to 36 months).

If any one or more of the requirements has not been met and the non-compliance is identified as minor and
technical in nature, the test certifier may issue a conditional location test certificate. For further guidance on
determining whether non-compliance is minor and technical in nature test certifiers should refer to the
Performance Standard for Conditional Location Test Certificates – September 2012.

Where the issue of a test certificate is to be refused, the test certifier shall notify:
 the applicant, in writing, with reasons, of the refusal and recommended corrective actions within 10
    working days, and
 the appropriate enforcement agency, unless they are satisfied the issue(s) of non-compliance is minor
    and technical in nature. They can do so by completing the online notification form available in the test
    certificate register.

Where non-compliance is more significant, the test certifier must notify the relevant enforcement agency as
required by section 82(4) of the Act.

8
    This functionality will shortly be available with the launch of an upgrade to the test certificate register.

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                                                                        Performance standard for issuing location test certificates

Conditional location test certificates9
Where the test certifier is not satisfied that the hazardous substance location test certificate requirements
have been met they shall evaluate the level of non-compliance in accordance with the Performance
Standard for Conditional Location Test Certificates. If the issue(s) meet(s) the criteria specified in Table 1 of
the performance standard the test certifier may issue a conditional location test certificate. However, if the
issues do not meet the criteria specified, the test certifier must notify the appropriate enforcement agency.

9
    Refer to Performance Standard for Conditional Location Test Certificates for Test Certifiers – September 2012

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                                                                     Performance standard for issuing location test certificates

Definitions
Compatible – The definitions for compatibility and incompatibility are specific to the class of the
substance(s).
 Class 2, 3 or 4 substances - in relation to a class 2, 3, or 4 substance or material, means that, in the
   absence of an ignition source, that substance or material:
    is chemically inert in relation to another class 2, 3, or 4 substance for the range of temperatures and
      pressures at which the substances are brought into contact; or
    if the substance or material does react with the other class 2, 3, or 4 substance, it does so in a way
      that does not cause or contribute to a fire or explosion; or
    when mixed with another class 2, 3, or 4 substance, does not lead to a substance of a different
      hazardous property, or type or degree of hazard; or
    is not listed as incompatible in table 1 of Schedule 3 of the Hazardous Substances (Classes 1 to 5
      Controls) Regulations 2001.
 Class 5.1.1 and 5.1.2 substances - in relation to a class 5.1.1 or 5.1.2 substance and its relationship with
   any other substance or material, means that the other substance or material:
    is chemically inert in relation to the class 5.1.1 or 5.1.2 substance for the range of temperatures and
      pressures at which it is brought into contact with the class 5.1.1 or 5.1.2 substance; or
    if it does react chemically with a class 5.1.1 or 5.1.2 substance, it does so in a way that does not
      cause or contribute to combustion or the expulsion of steam and hot vapours, or generate an
      explosion or generate a class 6, 8, or 9 substance.
 Class 5.2 substances - in relation to any class 5.2 substance and its relationship with any other substance
   or material, means that the other substance or material:
    is chemically inert in relation to the class 5.2 substance for the range of temperatures and pressures at
      which it is brought into contact with the class 5.2 substance; or
    if it does react chemically with a class 5.2 substance, it does so in a way that does not cause or
      contribute to combustion or the expulsion of steam and hot vapours, or generate an explosion or
      generate a class 6, 8, or 9 substance.

Incompatible – The definition for incompatibility is specific to the class of substance(s)
 Class 5.1.1 and 5.1.2 - in relation to a class 5.1.1 or 5.1.2 substance, means another substance or
   material that is not compatible with the class 5.1.1 or 5.1.2 substance; and includes:
    a substance that is not a class 5.1.1 or 5.1.2 substance but that is classified in class 5.2, or in any of
      classes 1, 2, 3, 4, 6.1A to C, or 8:
    any organic matter, or substance that contains carbon, in a form that will combust with the class 5.1.1
      or 5.1.2 substance:
    zinc or magnesium in any form, and any other metal in powdered form:
    any substance or material that will combust with air, or will combust with or catalyse the decomposition
      of a class 5.1.1 or 5.1.2 substance.

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                                                                   Performance standard for issuing location test certificates

 Class 5.2 - in relation to a class 5.2 substance, means another substance or material that is not
   compatible with the class 5.2 substance, and includes:
    a substance that is not a class 5.2 substance but that is classified in any of classes 1, 2, 3, 4, 5.1.1,
      5.1.2, 6.1A to C, or 8:
    zinc or magnesium in any form, and any other metal in powdered form:
    any substance or material that will combust with air, or will combust with or catalyse the decomposition
      of the class 5.2 substance.

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                                      Performance standard for issuing location test certificates

Attachment A - Test Certifier Checklist

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                      Performance standard for issuing location test certificates

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                                                                                                              Performance standard for issuing location test certificates

Location test certificate check sheet
                                                                                              LTC
Item      Requirement                                                          Check   Copy         Comment                             Recommendation
                                                                                              Met

1         Notification

          Hazardous substances inventory present and complete
1.1                                                                                           Y/N
          (quantities, classifications, container size, location).

          Safety Data Sheets available on site for all hazardous
1.2                                                                                           Y/N
          substances.

1.4       Copy of letter of notification to enforcement agency is available.                  Y/N

1.5       Letter identifies the appropriate information.                                      Y/N

          Letter sent at least 30 days before commissioning hazardous
1.6       substance location.                                                                 Y/N

2         Approved handlers

2.1       Is an approved handler required? If so, check the following:                        Y/N

          Approved handler appointed for each hazardous substance
2.2                                                                                           Y/N
          location.

2.3       Valid test certificates held for approved handlers                                  Y/N

          Certificate relates to site where the substances are being
2.4                                                                                           Y/N
          used/held.

          Substances listed on certificate are the same as those being
2.5                                                                                           Y/N
          handled on site.

          Activity specified on test certificate is consistent with the
2.6                                                                                           Y/N
          activities being carried out on site.

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                                                                                                         Performance standard for issuing location test certificates
                                                                                         LTC
Item      Requirement                                                     Check   Copy         Comment                             Recommendation
                                                                                         Met

3         Security

          Substances that trigger approved handler requirements secured
3.1                                                                                      Y/N
          so that no unauthorised person can gain access?

          Class 4.1.2A-D and 5.2A-D substances secured in containers
3.2       that conform to AS 2714:1993                                                   Y/N

4         Hazardous Atmosphere Zone

4.1       Hazardous atmosphere zone required?                                            Y/N

4.2       Hazardous atmosphere zone classified by competent person                       Y/N

4.3       Site plan

          Site plan showing location of hazardous atmosphere zone(s)
                                                                                         Y/N
          available.

          Zone is marked correctly on Site plan                                          Y/N

4.4       Site inspection

          Sources of ignition present?                                                   Y/N

          Control measures in place                                                      Y/N

          Hazardous atmosphere zone is being maintained
                                                                                         Y/N

4.5       Electrical documentation

          Valid electrical certificate of compliance                                     Y/N

          Periodic inspection report available                                           Y/N

          Corrective actions in periodic inspection report complete.
                                                                                         Y/N

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                                                                                                                Performance standard for issuing location test certificates
                                                                                            LTC
Item      Requirement                                                        Check   Copy         Comment                                 Recommendation
                                                                                            Met

5         Segregation

5.1       Are there incompatible substances on site                                         Y/N

5.2       Incompatible substances separated                                                 Y/N

5.3       Separation walls have correct fire resistance rating                              Y/N

          Minimum separation distances in place
5.4                                                                                         Y/N

6         Controlled Zones

          Class 2 - Check the following:

          Quantities present

          Container type (cylinder, tanks, transfer point, building)

          Neighbouring land (High Intensity Land Use or Low Intensity
6.1                                                                                               Record land use(s)
          Land Use)

          Minimum separation distances in place                                             Y/N

          Buildings present within 1 or 2 metres of liquefiable gas
                                                                                            Y/N
          cylinders?

          Walls of buildings have correct fire resistance ratings                           Y/N

          Class 3.1
6.2
          Substances being stored or used                                                         Stored/Used

          Storage

          Type of building substance(s) is/are being stored in (Type A, B,
                                                                                                  Type A, B, C, D or cabinet
6.2.1     C, D or storage cabinet)

          Building/cabinet meets required specification                                     Y/N

          Quantity and package sizes

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                                                                                                                 Performance standard for issuing location test certificates
                                                                                              LTC
Item      Requirement                                                          Check   Copy         Comment                                Recommendation
                                                                                              Met

          Neighbouring land (High Intensity Land Use or Low Intensity
                                                                                                    Record land use(s)
          Land Use)

          Minimum separation distance in place                                                Y/N

          Use

          Type of building substance(s) is/are being stored in (Type 1, 2 or
                                                                                                    Type 1, 2 or 3
          3)

          Building meets required specification                                               Y/N
6.2.2     Quantity and container sizes

          Correct quantities in each building type                                            Y/N

          Neighbouring land (High Intensity Land Use or Low Intensity
          Land Use)

          Minimum separation distance in place                                                Y/N

          Class 3.2, 4 and 5

          Neighbouring land (High Intensity Land Use or Low Intensity
6.2.3     Land Use)

          Minimum separation distance in place                                                Y/N

          Separation walls have correct fire resistance rating                                Y/N

          Site plan
6.2.4
          Controlled zone(s) marked correctly on site plan                                    Y/N

7         Temperature Control

7.1       Temperature controls required?                                                      Y/N

7.2       Temperature control plan in place                                                   Y/N

7.3       Correct control and emergency temperatures identified                               Y/N

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                                                                                                                Performance standard for issuing location test certificates
                                                                                                LTC
Item      Requirement                                                            Check   Copy         Comment                             Recommendation
                                                                                                Met

7.4       Appropriate temperature control measures identified in plan                           Y/N

7.5       Relevant control equipment/measures in place                                          Y/N

8         Ignition Source Controls

          Class 3.2 and 4 substances

          Ignition sources present                                                              Y/N
8.1       Valid electrical certificate of compliance                                            Y/N

          Periodic inspection report available                                                  Y/N

          Corrective actions in periodic inspection report complete.                            Y/N

          Class 5.1.1, 5.1.2 and 5.2

          Ignition sources present                                                              Y/N
8.2
          Minimum separation distance in place                                                  Y/N

          Walls of buildings have correct fire resistance ratings                               Y/N

9         Site Plan

9.1       Site plan available                                                                   Y/N

9.2       Site plan is up to date                                                               Y/N

          Plan prepared in accordance with Performance Standard for Site
9.3                                                                                             Y/N
          Plans and Drawings.

          Plan shows location of all:
           hazardous substance locations
9.4                                                                                             Y/N
           hazardous atmosphere zones, and
           controlled zones.

          Site inspection confirms accuracy of information illustrated in site
9.5                                                                                             Y/N
          plan.

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                                                                                                            Performance standard for issuing location test certificates
                                                                                            LTC
Item     Requirement                                                         Check   Copy         Comment                             Recommendation
                                                                                            Met

10       Signage

10.1     Signage required?                                                                  Y/N

         Signage in place in correct locations (site entrance, entrance to
10.2     building, entrance to room or compartment where substance is                       Y/N
         stored)

10.3     Signage displays correct information                                               Y/N

11       Emergency Management

         Documentation

         Safety data sheets available for relevant class 5 substances                       Y/N

11.1     Safety data sheets provide information on:
          Preparations for responding to an emergency involving the
           substance                                                                        Y/N
          Special training or equipment required, and
          Actions to be taken in the event of an emergency.

         Fire extinguishers

         Fire extinguishers required?                                                       Y/N

11.2     Correct number of fire extinguishers in place                                      Y/N

         Correct type of fire extinguishers available                                       Y/N

         Fire extinguishers properly positioned                                             Y/N

         Emergency response plan

11.3     Emergency response plan required?                                                  Y/N

         Emergency response plan (ERP) in place                                             Y/N

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                                                                                                        Performance standard for issuing location test certificates
                                                                                        LTC
Item     Requirement                                                     Check   Copy         Comment                             Recommendation
                                                                                        Met

         ERP addresses:
          anticipated emergencies
          Roles and contact details for emergency response personnel
                                                                                        Y/N
          Location, nature and quantity of hazardous substances
          Personal Protective Equipment (location and type), and
          Actions to be taken

         Plan available to all emergency response personnel                             Y/N

         Evidence of training for emergency response personnel                          Y/N

         All PPE identified in ERP is present and in good condition.                    Y/N

         ERP is being routinely tested.                                                 Y/N

         Secondary containment

         Secondary containment required                                                 Y/N

         Secondary containment in place                                                 Y/N
11.4
         Correct capacity                                                               Y/N

         Complies with COP47                                                            Y/N

         Allows substances to be recovered                                              Y/N

12       Equipment and Clothing

12.1     Suitable equipment/clothing available                                          Y/N

12.2     Procedures/instructions in place on use of clothing/equipment                  Y/N

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                      Performance standard for issuing location test certificates

August 2013 EPA0231
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                      Performance standard for issuing location test certificates

August 2013 EPA0231
Level 10, 215 Lambton Quay, Wellington 6140, New Zealand
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