CHC's One Big Housing Conference Health and Safety Update: Gas Safety

Transcription

1 CHC's One Big Housing Conference 2017 Health and Safety Update: Gas Safety

2 Presented by Mark Baker CORGI Technical Services Ltd. & Association of Gas Safety Managers

3 Legislative Documentation The Gas Safety (Installation and Use) Regulations 1998 These regulations deal with the safe installation, maintenance and use of gas systems, including gas fittings, appliances and flues L56 (Fourth edition) Published 2013

4 Gas Safety (I&U) Regulations Summary of Regulation 3 Gas Safety (I&U) Regulations Requires anyone carrying out gas work to be competent. Even if working at premises to which GSIUR does not apply people carrying out gas must be competent to work safely. 83. Employers of gas engineers are also required under regulation 3(2) to ensure that their employees have the required competence for the work undertaken; in addition to ensuring they are properly experienced and trained. This involves ongoing monitoring of performance standards, as necessary.

5 Legislative Documentation The Gas Safety (Installation and Use) Regulations 1998 Regulation 4 is specifically aimed at ensuring that: Taking steps to ensure Gas Engineers are registered when requiring work on a gas fitting how can we do this? Web site, contact Gas Safe Register, check ID card competences.

6 Regulation 8 applies to: Householders Landlords Builders Carpenters Electricians Gas installers Regulation 8 Everyone!!!!!

7 Regulation 8 It is specifically aimed at ensuring that: Safety is not compromised during home refurbishments or improvements

8 Regulation 8(1)

9 Regulation 8(1)

10 Regulation 8(2) Is specifically aimed at ensuring that: No person shall do anything which would affect a gas fitting or flue or means of ventilation used in connection with the fitting in such a manner that the subsequent use of the fitting might constitute a danger to any person

11 Regulation 8(1 or 2)

12 Regulation 8(3) In relation to any place of work under his control, an employer or self employed person shall ensure, so far as reasonable practicable, that the requirements of Regulations 8(1) and (2) are complied with The responsible person, e.g. a principal contractor, foreman, site manager or other person with overall control of work, is nominated to ensure, so far as is reasonably practicable. compliance with Regulation 8(1) and 8(2)

13 Regulation 30 Room-sealed appliances installed after 1 st January 1996 A gas appliance in a room used or intended to be used as a bath or shower room must be room-sealed Gas fires, other gas space heaters or gas water heaters above 14kW input, located in a room used for sleeping accommodation, must be room-sealed Gas fires, other gas space heaters or gas water heaters 14kW or less, located in a room used for sleeping accommodation, must be room-sealed or have a device fitted that will shut down the appliance if dangerous levels of fumes are emitted

14 Regulation 36 Duties of landlords Regulation 36 imposes two main and separate duties on landlords 1. On going maintenance on gas pipework, gas appliances and their flues 2. The Annual safety checks on gas appliances and their flues LGSR (CP12) And Regulation 30 must not be compromised.

15 Regulation 36 Duties of landlord in addition, the landlord: Must ensure that Regulation 30 is complied with (appliances in sleeping accommodation) Must ensure that existing appliances, regardless of the date of installation, in rooms that have been converted to sleeping accommodation must comply with Regulation 30. Otherwise they must be removed.

16 Regulation 36 Duties of landlord in addition, the landlord: Must ensure that where Temporary use of a room is used for sleeping accommodation, landlords should consider: Replace or remove the appliance Re-house the tenant into other suitable accommodation

17 The Health and Safety at Work Act Duties of landlords Flues serving tenants own appliances are not covered by Regulation 36 The Health and Safety at Work etc Act (HASAWA) covers a wider range of duties that extend to the fabric of a building and chimneys The HSE believe that under the HSWA chimneys should be maintained so as to be fit for purpose

18 Regulation 36 Duties of landlord in addition, the landlord: Can use managing agents to manage their properties, however, the contract must clearly specify who is responsible for carrying out the maintenance and safety check duties Must take all reasonable steps to ensure the safety of their tenants

19 Regulation 36 Duties of landlords 12 monthly gas safety checks All gas appliances that the tenant cannot legally remove from the property Landlords have a duty to have relevant gas appliances and any flue that they are connected to checked for safety at intervals of not more than 12 months A record of the safety check must be retained for a period of two years from the date of the safety check

20 Regulation 36 Duties of landlord 12 monthly safety checks Provide a record of the check to the tenant within 28 days of the check taking place Ensure that any new tenant is provided with a copy of the safety check record before taking up tenancy A safety check is only required on any newly installed appliance/flue within 12 months from the date of installation Landlords and engineers must clearly understand the nine key points detailed in the above regulations which must be documented for every landlords annual safety check conducted

21 Regulation 36 Duties of landlord 12 monthly safety checks In respect to a tenant whose right is to occupy the premises for a period not exceeding 28 days, a copy of the record may be displayed in a prominent position in that premises Where the record form is displayed, it should: Be posted centrally Indicate that individual copies are available to any tenant on request, and where a copy can be obtained Be maintained in a legible condition

22 Regulation 36 Duties of landlord access All reasonable steps should be taken to ensure access to property for safety checks to be carried out and would include: Written notice Personal visit The steps should be documented Note: Action to gain access does not involve making arrangements for forced entry into property.

23 Key Areas; Ensure servicing is approached on a structured basis with a clear procedure for advising tenants in advance There must be a clear handover from contractor to landlord Ensure all steps are recorded There should be a defined route to legal measures Access Policy

24 Exemption to liability: Regulation 39 No person shall be guilty of an offence by reason of contravention of regulations: 3(2) or (6), 30 (insofar as it relates to the installation of a gas fire, other gas space heater or a gas water heater of more than 14 kilowatt gross heat input), or 36, of these Regulations in any case in which he can show that he took all reasonable steps to prevent that contravention.

25 Key Areas; Cap or disc the gas supply while property is empty Have a policy regarding appliances left by tenants Issue of a copy of the current LGSR (CP12s) to the incoming tenant Ensure the turn on check is carried out in the presence of the new tenant Void Properties

26 Key Areas; Ensure one person has responsibility for ensuring gas safety in cases of mutual exchange Implement a policy regarding appliances left by tenants Ensure you issue and record receipt of current LGSR (CP12) to each tenant? Get your contractor to play an integral part in the exchange process? Mutual Exchanges

27 Tenants Cooking Appliances Appliances should be fitted by a Registered Gas Engineer, a commissioning certificate obtained and be appropriate to the dwelling New cooking appliances in multioccupancy dwellings must have flame protection on all burners Second hand cookers must have the manufacturers instructions with them Appliances should be serviced annually Free standing cookers must have a stability device

28 Key Areas; Ensure all relevant staff aware of procedure for dealing with reports Have a checklist for telephone staff to relay to callers Relay all reports to the gas emergency service Ensure all reports are recorded in a recognised format Gas Escapes/Fumes Obtain a reference number, recorded on every occasion

29 Carbon Monoxide What to do to be compliant with current carbon monoxide and smoke detector regulations? Smoke and Carbon Monoxide (England) Regulations 2015 All properties built since June 1992 (and all Houses in Multiple Occupation (HMOs)) must be fitted with mains operated smoke detector/alarms and with at least one detector per floor. From 11 th March 2015 there was a new legal requirement to fit smoke and carbon monoxide alarms in residential rental properties for all tenancies from 1 st October 2015.

30 These Regulations say: Carbon Monoxide A carbon monoxide alarm must be provided in any room of the premises which is used wholly or partly as living accommodation which contains a solid fuel burning combustion appliance. As from 1st December 2015, Scottish landlords are required to install a CO detector in every space containing a fixed combustion appliance. Northern Ireland: Where any combustion appliance is installed, reasonable provision must be made to detect and give warning of the presence of CO gas at levels harmful to people. It s been mandatory since 2012 to fit a CO alarm where a new or replacement combustion heating appliance is installed.

31 Myth Busters!!!! Myth: GSIUR Reg 36 = All and any type of Defect shall be reported on a Landlord Gas Safety Record (LGSR). Myth Buster: Only safety related defects, i.e. ID or AR defects on "relevant gas fittings", are required to be recorded on the LGSR. Comments: All safety defects must be addressed under 36(2) by the Landlord

32 Myth Busters!!!! Myth: GSIUR Reg 36 = All tenants own appliances shall be recorded on the LGSR. Myth Buster: Tenants own appliances are not required to be recorded on the LGSR. Comments: Through contractual agreements with the Landlord it would be agreed what, if any, information about the tenants own appliances they may wish to include on the LGSR.

33 Myth Busters!!!! Myth: Reg 36 = All and any type of Defect on tenants own appliances shall be recorded on the LGSR. Myth Buster: There is no requirement under Reg 36 to check, or record, any defects with tenants own appliances on the LGSR. Comments: There is no requirement to proactively check tenants own appliances except a 'Visual Inspection' if the gas has been interrupted and appliances are re-lit. Any safety defects encountered shall be dealt with in accordance with GIUSP

34 Myth Busters!!!! Myth: GSIUR Reg 36 = A safety check is the only legal requirement duty on Landlords to be completed within each 12 months on relevant gas fittings i.e. Landlords own appliances. Myth Buster: There should also be "effective maintenance" of appliances owned by the Landlord which is ongoing programme of regular inspections e.g. servicing Comments: This would normally be a full service of all landlord s appliances, along with a visual inspection of the rest of the installation and a gas tightness test.

35 Myth Busters!!!! Myth: GSIUR Reg 36 = Chimneys (flues) connected to tenants own appliances i.e. NOT "relevant gas fittings" must have performance checks. Myth Buster: This is not a requirement under this legislation or the L56 ACoP. Comments: Landlords will have certain duties for the fabric of the building under HSAWA. It would be the duty of the Landlord to undertake such duties. This maybe through contractual agreements with the gas business/engineer.

36 TB055 Duties of landlords (Date Issued 15/12/2015) This TB provides clear guidance of the minimum requirements for Landlords in relation to Regulation 36 You need to consider what your organisation requires with regard to Tenants appliances and all the defects identified However, this may depend on your contractual arrangements with your Contractor(s) CTS s recommendation would be to record all gas appliances (relevant and Tenant s) within a property and record all defects identified at the time of the visit The choice is yours on how you mitigate the risk!

37 Goods left behind: a landlord s obligations The Consumer Protection Act 1987 requires that when supplied in the course of a business (such as letting property), goods such as furniture, electrical appliances and other items of everyday consumer equipment are reasonably safe. Almost all goods found in the home are covered by the Act, whether new or second hand. The General Product (Safety) Regulations 1994 require that all goods must satisfy general safety provisions. Additionally, some high risk items, including upholstered furniture, electrical equipment and gas cooking appliances, are subject to control by other specific safety regulations.

38 Goods left behind: a landlord s obligations The legislation still applies if the landlord gifts the goods to the tenant, or if the goods have been left behind by previous tenants. Landlords should not presume that goods left behind by outgoing tenants automatically become their property. Goods left behind by an outgoing tenant do not become the property of the landlord unless they have either been bought for value or given. Some tenancy agreements will state that goods left behind are deemed gifted.

39 Goods left behind: a landlord s obligations If abandoned goods are still at a property when a new tenancy is created they will become the responsibility of the landlord. Similarly, a gas cooker will be subject to both the Gas Safety (Installation and Use) Regulations 1998 and the Gas Cooking Appliances (Safety) Regulations In light of this, and given that landlords cannot know the history or age of goods left behind, such goods should be disposed of.