Building or modifying premises for storage of dangerous substances

The design and construction of premises for the storage of Dangerous Substances and the role of Workplace Standards Tasmania (WST) as a Function Control Authority under the Building Act 2000.

Background

General advice to building owners and building practitioners (designers, builders and building surveyors) regarding

1. the technical standards that apply to the design of premises used for the storage of Dangerous Substances in Tasmania; and
2. the role of WST as a Function Control Authority under the Building Act 2000 regarding the design of premises for the storage of dangerous substances.

What technical standards apply to the design of premises for storage of Dangerous Substances in Tasmania?

The Building Code of Australia, Volume one, Tasmanian Appendix, TAS PART H120 Premises for the Storage of Dangerous Goods contains specific provisions for the design and construction (or alteration) of premises used for the storage of Dangerous Substances.

The information covered in PART H120 includes

• H120.1 Application of Part: This Part applies to every building used for the storage of dangerous goods/ substances covered by the Dangerous Substances (Safe Handling) Act 2005 except for explosives
• H120.2 Interpretation
• H120.3 Class of dangerous goods
• H120.4 Premises for storage of dangerous goods (including the Australian Standards referenced in that Part as applicable to the design of premises)
• H120.5 Workrooms
• H120.6 Exits
• H120.7 Explosion vents
• H120.8 Spill collection bunds
• H120.9 Electrical equipment

Note that definitions of 'Dangerous Substances' and 'Dangerous Goods' can be found in the Dangerous Substances (Safe Handling) Act 2005.

The building surveyor determines compliance with TAS PART H120.

Role of WST as a Function Control Authority under the Building Act 2000.

The Building Act 2000 provides that when a person makes an application to a building surveyor to build or alter a 'special use building', the building surveyor is to forward copies of relevant documents to the appropriate Function Control Authority. A "special-use building" is defined as a building –

(a) in respect of which a function control authority exercises control and

(b) to which Part H of the Building Code of Australia 2005 (BCA) applies.

Under the Building Act 2000, WST is specified a Function Control Authority for buildings that are used for the storage of Dangerous Substances. If the use of the building invokes the specific provisions of Tas Part H120 – Premises for Storage of Dangerous Goods, it is required under the Building Act to receive notification of the proposed design of the premises and if necessary comment on the proposed storage of dangerous goods or substances within a building.

Notification threshold

WST only needs be notified as a Function Control Authority for sites that qualify as a Large Dangerous Substances Location (LDSL) e.g. facilities storing greater than 2,500 litres of petrol or 5,000 litres (water capacity) of Liquefied Petroleum Gas.

As a Function Control Authority, WST does not issue permits or consents to store dangerous substances.

If building owners and their building designer are not familiar with the legislative requirements for the storage of dangerous substances, it would be a good idea to liaise with WST at an early stage of the planning for all new building works, including alterations to existing dangerous substances premises.

The following is a step-by-step explanation of the processes under the Building Act 2000 for

• the construction (or alteration) of premises for the storage of Dangerous Substances or
• a change of use of an existing building to be used for the storage of Dangerous Substances, whether or not that change requires any new building work.

1. Before applying for a building permit for new building work, the owner (or the agent of the owner) must obtain a Certificate of Likely Compliance from an accredited building surveyor or assistant building surveyor (see s.62 of the Building Act 2000)

2. The Certificate of Likely Compliance will certify that the design of the proposed building works is likely to comply with the provisions of the Building Code of Australia (BCA).
The Permit Authority (local council) must receive the Certificate of Likely Compliance from the building surveyor before it can issue a building permit for the proposed building works

3. If the person making an application for a Certificate of Likely Compliance intends to build a special use building (including those that are intended to be used for the storage of Dangerous Substances) the building surveyor is to send copies of any relevant documents and a copy of Approved Form 10 to WST within two working days of receiving the application for a Certificate of Likely Compliance (see s.64 Building Act 2000). Form 10 is used as the Referral to a Function Control Authority.

4. As a Function Control Authority, if WST considers that an alteration should be made to the building design in order to comply with requirements of the Dangerous Substances (Safe Handling) Regulations 2009 or the Dangerous Substances (Safe Handling) Act 2005), it may notify the building surveyor of the need for an alteration within 14 days of receiving the referral (see s.64 (2) Building Act 2000). WST will notify the building surveyor in writing.

5. A building surveyor may grant an application for a Certificate of Likely Compliance for that special use building that does not comply with the Building Act 2000 if

• The function control authority in exercising a power under any other Act, requires that building work be carried out or
• The function control authority agrees to the building work (see s.65 Building Act).

6. After the function control authority has discharged its obligations under the Building Act, the building surveyor will issue the Certificate of Likely Compliance. The owner or their agent will then apply to the council for a building permit.

For building work over $5000 that needs a building permit, that work is to be carried out or managed by an accredited builder.

Approved Form No. 10 (Referral to a Function Control Authority)

• Copies of the BCA and the Guide to the BCA (printed, compact disk or on-line) can be ordered via the Australian Building Codes Board On-Line Shop www.abcb.gov.au
• Copies of the BCA are available at State Library of Tasmania reference libraries in every Tasmanian city.

More information on Dangerous Substances