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Trade Practices Act 1974 - Consumer Protection Notice No. 3 of 2004 - Consumer Product Safety Standard: Portable Fire Extinguishers

Authoritative Version
No. 3 of 2004 Standards/Product Safety as made
Consumer Product Safety Standard: Portable Fire Extinguishers. Adopts and varies Australian/New Zealand Standard AS/NZS 1841:1997 'Portable Fire Extinguishers' approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003.
Administered by: Treasury
General Comments: For a transitional period relating to the repeal of this instrument, see section 8 of the Consumer Goods (Portable Non-aerosol Fire Extinguishers) Safety Standard 2021.

This Notice was originally made under section 65E of the Trade Practices Act 1974 and is continued in force under section 104 of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010) (Act No. 51 of 1974) (see Schedule 7, item 4 of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act No. 103 of 2010)).
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 16
Registered 07 Apr 2005
Gazetted 25 Aug 2004
Date of repeal 21 Dec 2021
Repealed by Consumer Goods (Portable Non-aerosol Fire Extinguishers) Safety Standard 2021

COMMONWEALTH OF AUSTRALIA

Trade Practices Act 1974

CONSUMER PRODUCT SAFETY STANDARD

Consumer Protection Notice No. 3  of  2004

PORTABLE FIRE EXTINGUISHERS

I, ROSS CAMERON, Parliamentary Secretary to the Treasurer, pursuant to section 65E(1) of the Trade Practices Act 1974, hereby:

A)  REVOKE the consumer product safety standard for portable fire extinguishers declared in Consumer Protection Notice No. 6 of 2003 published in Special Gazette No 100 of 28 March 2003; and

B)  DECLARE that upon gazettal of this Notice the consumer product safety standard for portable fire extinguishers will be:

Standards

a)         In respect of Water type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1 General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following, and

Australian/New Zealand Standard AS/NZS 1841.2:1997 ‘Portable fire extinguishers Part 2:  Specific requirements for water type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (ii) of the Schedule of Variations following.

b)      In respect of Wet-chemical type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.3:1997 ‘Portable fire extinguishers Part 3:  Specific requirements for wet-chemical type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (iii) of the Schedule of Variations following.

c)      In respect of Foam type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard 1841.4:1997 ‘Portable fire extinguishers Part 4:  Specific requirements for foam type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (iv) of the Schedule of Variations following.

d)      In respect of Powder type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.5:1997 ‘Portable fire extinguishers Part 5:  Specific requirements for powder type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (v) of the Schedule of Variations following.

e)      In respect of Carbon dioxide type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1 General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.6:1997 ‘Portable fire extinguishers Part 6:  Specific requirements for carbon dioxide type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (vi) of the Schedule of Variations following.

f)          In respect of Vaporizing-liquid type portable fire extinguishers:

Australia/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.7:1997 ‘Portable fire extinguishers Part 7:  Specific requirements for vaporizing-liquid type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (vii) of the Schedule of Variations following.

g)      In respect of Non-rechargeable type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1: General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.8:1997 ‘Portable fire extinguishers Part 8:  Specific requirements for non-rechargeable type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (viii) of the Schedule of Variations following.

Schedule of Variations

(i)     Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 is varied by:

Inserting in clause 1.2 after the text “Parts 2, 3, 4, 5, 6, 7 and 8.” the text “This standard does not apply to aerosol type fire extinguishers.”,

Deleting clause 1.3 and substituting the following:

 “1.3  NEW DESIGNS AND INNOVATIONS

Any material, design, method of assembly and procedure which do not comply with the specific requirements of this Standard may be used provided:

(a) the portable fire extinguisher complies with the performance and test requirements of the Standard; and

(b) a certifying body having JAZ-ANZ registration for product certification to Australian/New Zealand Standard AS/NZS 1841 attests in writing that it is no less safe than a portable fire extinguisher manufactured in accordance with the specific requirements of this Standard. The relative safety of the portable fire extinguishers is determined with regard to the purpose of the extinguishers, any instructions and warnings relating to the use of the extinguishers, and what might reasonably be expected to be done with or in relation to the extinguishers.”,

Deleting clause 2.7 entirely,

Deleting in clause 3.8.3 paragraphs 2 and 3, and the text “NOTE: Special conditions relating to discharge hose and fittings may be given in subsequent parts of this Standard.”,

Deleting in clause 3.9 the second sentence, “The charge for each extinguisher shall meet the requirements detailed below and AS 3676.”,

Deleting paragraph 2 in clause 4.1.5,

Deleting Section 7 entirely,

Deleting clause 8.2(a) entirely and replacing it with the text:

“(a)      Body Colour  For extinguishers other than those with polished stainless steel cylinders (which need not be painted), the exterior surface of the cylinder, including any skirt, boot or foot ring shall be coloured red (R13), and any hose clip retaining band shall be red unless it has a width of 10 mm or less.”,

Inserting at the end of Table 8.1 the text:

“Note: A supplementary band is required on extinguishers having polished stainless steel cylinders.”,

Deleting clause 9.1 entirely and replacing it with the text:

 “9.1 GENERAL  The cylinder of each extinguisher shall be marked with identification and operating instructions (see Clause 9.3.3) which shall be clearly visible and legible.”,

Deleting in clause 9.3.1 the text “approved”,

Inserting in clause 9.3.1 after the text “durable labels”, the following text: “or other permanent means”,

Deleting clause 9.3.5(b) entirely,

Deleting clause 9.3.6 entirely,

Deleting clause 9.5 entirely,

Deleting in clause 10.2 the third paragraph,

Deleting clause 10.3 entirely.

(ii)    Australian/New Zealand Standard AS/NZS 1841.2:1997 ‘Portable fire extinguishers Part 2:  Specific requirements for water type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting in clause 3 the text:

“1841      Portable fire extinguishers
1841.1     Part 1: General requirements”,

Deleting in clause 6 the text “In addition to the requirements of AS/NZS 1841.1,”.

(iii)   Australian/New Zealand Standard AS/NZS 1841.3:1997 ‘Portable fire extinguishers Part 3:  Specific requirements for wet-chemical type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting in clause 1 all text after “the body of the extinguisher.”,

Deleting clause 2 entirely,

Deleting clause 3 entirely,

Deleting in clause 5 the text “In addition to the requirements of AS/NZS 1841.1,”.

(iv)    Australian/New Zealand Standard AS/NZS 1841.4:1997 ‘Portable fire extinguishers Part 4:  Specific requirements for foam type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting clause 3 entirely,

Deleting in clause 5 the text “In addition to the requirements of AS/NZS 1841.1,”.

(v)     Australian/New Zealand Standard AS/NZS 1841.5:1997 ‘Portable fire extinguishers Part 5:  Specific requirements for powder type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting clause 3 entirely,

Deleting in clause 7 the text “In addition to the requirements of AS/NZS 1841.1,”.

(vi)    Australian/New Zealand Standard AS/NZS 1841.6:1997 ‘Portable fire extinguishers Part 6:  Specific requirements for carbon dioxide type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting in clause 3 the text:

“1841      Portable fire extinguishers
1841.1     Part 1: General requirements”
and
“New Zealand Dangerous Goods (Class 2 – Gases) Regulations
Department of Labour – Guide to Gas Cylinders”,

Deleting in clause 12 the text “In addition to the requirements of AS/NZS 1841.1,”.

(vii)      Australian/New Zealand Standard AS/NZS 1841.7:1997 ‘Portable fire extinguishers Part 7:  Specific requirements for vaporizing-liquid type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting clause 3 entirely,

Deleting in Clause 5 the text “In addition to the requirements of AS/NZS 1841.1,”.

(viii)    Australian/New Zealand Standard AS/NZS 1841.8:1997 ‘Portable fire extinguishers Part 8:  Specific requirements for non-rechargeable type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting in clause 1 the second paragraph and replacing it with:
“This standard does not apply to aerosol type fire extinguishers.”,

Deleting the first paragraph in clause 2,

Deleting in clause 3 the text
“AS
1851        Maintenance of fire protection equipment
1851.1     Part 1: Portable fire extinguishers and fire blankets”
and
“1841      Portable fire extinguishers
1841.1     Part 1: General requirements”
and
“NZS
4503        The distribution, installation and maintenance of hand operated fire equipment for use in buildings”,

Deleting in clause 4 the text “In addition to the general requirements of AS/NZS 1841.1,”

Deleting clause 7 entirely,

Deleting clause 8 entirely,

Deleting in clause 9 the text “In addition to the requirements of AS/NZS 1841.1, with the exception of clauses 9.3.5(d), 9.3.5 (g), 9.3.5 (h), and 9.5,”.

 

Dated this 12th day of August 2004

 

 

ROSS CAMERON
Parliamentary Secretary to the Treasurer