Gas safety
Gas Safety Management in Practice
Landlords or their agents have a common law duty to ensure that gas installations and appliances supplied in their properties are safe and they must arrange annual Gas Safety Checks by a registered CORGI installer.
In practice various difficulties arise and where a lot of properties are involved a proper management system needs to be in place. Where staff are involved there is a need for awareness training, reminders need to be automatic (ideally through property management software) and a record keeping system needs to be maintained.
Some important points to consider: -Implement a system of annual checks and maintenance for all gas appliances and flues. -Use only CORGI registered engineers for installations, maintenance and gas safety checks. -Maintain safety check records, keeping copies for at least 2 years, and issuing copies to each tenant within 28 days. -If you use a managing agent make sure the contract makes it clear who is responsible for managing gas safety checks. - Make sure that appliances are safe and have been checked within 12 months before re-letting. - On re-letting, remove any suspect appliances which may have been left by previous tenants and issue the new tenant/s with a copy of the safety check record on entry.
On re-letting, even if a safety certificate is still current, visually inspect the gas installation and appliances. A leaving tenant may have left the system in an unsafe condition. - Work closely with tenants in gaining access for maintenance, repairs, safety checks and the early reporting of faulty appliances. - Ensure that all appliances meet the general regulation requirements, in particular in bedrooms and bathrooms where appliances must be of the room-sealed type or have a safety valve incorporated. - Ensure that all water heaters have fail safe thermostats fitted. - Do not use second hand gas appliances.
Ensure that tenants have emergency instructions and ready access to the gas meter and the gas cut-off valve. - Provide copies of all appliance manufacturer's operating instructions to your tenants. - If an appliance fails the safety check the CORGI safety check record will note the defect and the engineer will disconnect the appliance. - You must have the fault rectified or the appliance replaced before re-connecting. This means you will need to act fast if the tenant is not to be without heating or hot water.
Give tenants plenty of notice that an engineer will call and try to work with them on times etc as many tenants are at work week-days. - If you experience difficulties gaining access make sure you fully document this to show you have taken all reasonable steps and inform both the environmental health officer and the H&S Executive. - Beware accusations of harassment, so never be tempted to force entry or enter without the tenant’s permission—you could be accused of harassment. Carrying out due diligence in this way, and keeping all necessary paper evidence, means you have a good defence in case of any incident.
Who is vulnerable to Carbon Monoxide?
CORGI has produced a report that pinpoints the areas and groups of people most vulnerable to the exposure of carbon monoxide (CO). The report shows that between January 2006 and April 2007, there were 102 carbon monoxide incidents claiming 50 lives and causing 218, often longterm, injuries.
Lack of centralised reporting plus undiagnosed cases passing through the healthcare system means the overall figures will be much higher. The Worst Hit Regions: The Midlands, North East, Wales and Yorkshire are the worst effected regions in the UK, reporting the most incidents per head of population. Vulnerable Groups: “The elderly and the young have been identified as vulnerable groups as they are more susceptible and tenants have also been highlighted due to the risks that tenants face in the hands of some lazy and ignorant private landlords.”
Consumer Awareness: The general public are also at risk from their startling lack of knowledge of the deadly danger of carbon monoxide. For instance, CORGI’s consumer research reveals that 90% of the country has a smoke alarm but almost three quarters of the UK does not have a carbon monoxide alarm and alarmingly 3% of people do not even know what one is. Recommendations: Carbon monoxide poisoning can be caused by blocked flues and chimneys, faulty appliances, installation faults, owner error and even weather conditions. Counter measures recommended to reduce the risk of carbon monoxide poisonings include fitting a carbon monoxide alarm, statutory gas checks and servicing appliances annually.
Ref: LandlordZONE.co.uk
07 March 2007 - Minister announces
NEW domestic gas safety drive Health and Safety Minister Lord McKenzie today announced a new scheme to improve domestic gas safety. This follows a review which found unacceptably low public awareness about the risks of carbon monoxide (CO) poisoning from gas appliances.
The new regime will be overseen by the Health and Safety Executive (HSE) and delivered by industry via a reformed gas installer registration scheme. A single provider will be appointed to run this new scheme, which will be responsible for driving and coordinating industry action to raise public awareness of gas safety; provide new incentives to registration (such as simplifying the registration process); and possibly have new limited enforcement work.
There will be a strict framework, setting out performance and requirement criteria, to allow strong oversight of the new scheme by the HSE. Lord McKenzie said: “Complacency on gas safety is not an option. New research suggests that nearly half of all households using gas had received no information about the dangers it can pose. While the number of gas related fatalities has reduced over recent years, tragic incidents still occur.
The changes we are making are about delivering improved gas safety for millions of gas consumers. I look to all the stakeholders involved to work together to that end". The new regime follows extensive stakeholder consultation. Competitive bids will be invited to operate the new scheme for a five year period. The new provider will be appointed by the HSE, on advice from a panel with independent representation. Performance and efficiency will be monitored by the HSE throughout the duration of the appointment.
Notes to editors There were 16 fatal gas related carbon monoxide (CO) poisoinings in 2005/06, which is half the number there was ten years ago. Reported non-fatal incidents in the same period are broadly static at around 200 per year.
Further information on domestic gas safety issues can be found on the HSE web site at http://www.hse.gov.uk/gas/domestic/index.htm Media enquiries Victoria Francis/Jessica Bates: 020 3267 5137/5 Press office: 020 3267 5144 Out of hours: 07659 108 883 Website: http://www.dwp.gov.uk
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You must ensurethat all gas appliances and installations you supply are maintained in good order and that an annual safety check is carried out by someone who is registered with CORGI (Council for Registered Gas Installers).
You must keep a record of the safety checks, and issue it to the occupier within 28 days of each annual check. The occupier is responsible for maintaining gas appliances which they own, or are entitled to take with them at the end of the letting.
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Gas Safety (Installation and Use) Regulations 1998
These regulations came into force on 31st October, 1998
For all properties:
All work carried out on gas appliances and fittings must be done by a CORGI registered engineer.
The maximum penalty imposed in a Magistrates Court for non-compliance is a fine of £5,000. Note however, that where injury or death occurs due to the non-compliance an unlimited fine and or custodial sentence can be imposed.
7. CONTRACTING OUT: a landlord or his agent can not at any time contract out his obligation to ensure the safety of the gas appliances and flues in the property. Therefore, a landlord or his agent can not place the responsibility upon the tenant to have the safety checks carried out.
6. GAS CERTIFICATE:a copy of the safety check record or certificate must be given to the new tenant before the tenant occupies the premises. Also a copy of the new record must be given to the existing tenant within 28 days of the check. Please note that a copy must be given to all tenants. I.e. 6 tenants = 6 copies.
5. RECORDS: The Regulations require the landlord or his agent to keep a record of safety checks on each appliance and flue. The record must include the prescribed information which includes the date of the check, the address of the premises checked, the name and address of the landlord or where appropriate the agent, the description of the appliance/flue checked, any defect identified, any remedial works undertaken, confirmation that the check complies with the Regulations and the name and CORGI registration number of the person doing the check. The CORGI Gas Safety Record Form should be used for this purpose. Records must be kept for a minimum of two years.
4. TENANT’S APPLIANCES: appliances owned by the tenant are defined as those appliances which the tenant is entitled to take away upon terminating the tenancy. It is not the landlord’s duty to have the tenants appliances tested.
3. NEW TENANCIES: before any tenancy or lease commences it must be ensured that the gas safety check has been carried out on each appliance and flue within the 12 month period before the tenancy commences or has been or will be carried out within 12 months after the appliance or flue was installed, whichever is the later.
2. ANNUAL SAFETY CHECK: Gas appliances and flues in rented accommodation must be checked for safety within 12 months of being installed and thereafter at least every 12 months by a competent engineer (i.e. CORGI registered).
1. MAINTENANCE: the Regulations place a duty on the landlord to ensure that all gas appliances, flues and associated pipe work are maintained in a safe condition at all times.
Furthermore, the regulations are specific to rented properties in that they state:
Where there is an escape of gas or CO the person occupier, landlord or agent shall take reasonable steps to ensure that the escape is minimised or shall immediately inform the gas company. The Emergency Gas telephone number is 0800 111 999
No person shall install a flue unless it is in a safe position.
A person carrying out works to a property shall ensure that the safety of the gas appliances and supply is not affected.
The person responsible for the property shall not use nor permit to be used any known faulty gas appliance.
Any person who installs a gas appliance shall leave manufacturer’s instructions for the occupier of the property.
The installer or engineer must carry out a series of set tests after carrying out any works on a gas appliance.
Where a gas meter is installed in a lockable box, the installer must supply a labelled key.
No instantaneous water heater can be installed in any room unless it is room sealed or has a safety device fitted.
Only room sealed appliances can be installed in a bathroom.