Following a technical clarification in 2022 regarding retail storage of flammable liquids, WorkSafe and MBIE have been working on some of the issues faced in the retail sector. An amendment to the regulations that came into force on 20 October 2025 addresses some of those issues raised.
We are aware that there are further issues being faced and are always happy to discuss and assist with your particular situation.
- These amendment regulations make technical amendments to regulations 11.32 and 11.33 to ensure the effective application of requirements for separation distances in the retail sale of flammable liquids.
See amendments marked in red text below.
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retail shop means— (a) an area at premises where goods are displayed for sale to the general public or an end user; or (b) an area behind a sales counter where goods are kept for the purpose of selling them to the general public or an end user; or (c) an area where goods are received at the premises and stored before being displayed for sale or placed on the shelves behind the sales counter |
The effect of the amendment to regulation 11.32 is that packages of class 3.1 substances that are exempt from separation distance requirements may, if the substance is paint, be briefly opened for the purpose of tinting.
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11.32 Storage of class 3.1 substances in retail shops (1) Despite this subpart, the separation distance from and within a building containing a retail shop to which the public has access and at which a class 3.1 substance is held, may be zero if— (a) the substance is— (i) available for retail sale; and (ii) contained in closed packages of a capacity of not more than 10 L, except that paint may be opened briefly for tinting and (b) the quantities of the substance are not more than the quantities specified in table 4 in Schedule 9. |
The effect of the amendment to regulation 11.33 is that no separation or fire-resistant wall is required between a retail shop building storing class 3.1B and 3.1C flammable liquids and an external place or adjoining building of that kind (for example, a garden centre, a timber yard, or a café) that is on the same retail site as the retail shop and is an integral part of the business or undertaking conducted in the retail shop. This effect applies regardless of whether the external place or the adjoining building is roofed and regardless of whether it, or the business or undertaking that is conducted in it, involves the same person conducting a business or undertaking (PCBU) as the retail shop building or a different PCBU.
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11.33 Storage of class 3.1B and 3.1C flammable liquids in retail shops (1) This regulation applies to a building— (a) that is a retail shop; and (b) to which the public has access; and (c) in which flammable liquids of classes 3.1B and 3.1C that are available for retail sale are held; and (d) that, if it is a standalone building, is separated from any protected place that is external to the building by— (i) a minimum separation distance of 3 m; or (ii) a wall that has a fire-resistance rating of at least 240/240/240 minutes and maintains a minimum separation distance of 3 m (this distance being measured around the wall); and (e) that, if it has a wall in common with another building, the common wall has a fire-resistance rating of at least 240/240/240 minutes and maintains a minimum separation distance of 3 m (this distance being measured around the wall). (1A) In subclause (1)(d), the reference to a protected place that is external to the retail shop does not include an external place (for example, a garden centre, a timber yard, a sales yard, or a café) that is— (a) situated on the same retail site as the retail shop; and (b) an integral part of the business or undertaking of the retail shop. (1B) In subclause (1)(e), the reference to another building that shares a common wall with the retail shop does not include a building (for example, a garden centre, a timber yard, a sales yard, or a café) that is— (a) situated on the same retail site as the retail shop; and (b) an integral part of the business or undertaking of the retail shop. (1C) For the purposes of subclauses (1A)(a) and (1B)(a), an external place or a building is treated as being situated on the same retail site as the retail shop regardless of whether the external place or other building is under a roof or outdoors. (1D) For the purposes of subclauses (1A)(b) and (1B)(b), an external place or a building is treated as being an integral part of the business or undertaking of the retail shop regardless of whether— (a) the external place or other building is under the management or control of the same PCBU as the retail shop or a different PCBU; or (b) the business or undertaking conducted in the external place or other building is conducted by the same PCBU as the business or undertaking in the retail shop or a different PCBU. (2) Despite this subpart, the separation distance from and within the building may be zero if— (a) all containers of classes 3.1B and 3.1C flammable liquids are closed, except that paint may be opened briefly for tinting; and (b) classes 3.1B and 3.1C products are separated from— (i) class 2 substances by 1.5 m: (ii) an aggregate quantity of aerosols exceeding 200 L by 1.5 m: (iii) class 5 substances by 3 m; and (c) the retail shop complies with section 3.4 (General Requirements for Retail Storage) of AS/NZS 3833:2007; and (d) the quantities of classes 3.1B and 3.1C flammable liquids are not more than the quantities specified in table 9 in Schedule 12. |
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