The Gas Safety (Installations and Use) Regulations 1998.
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1 GAS SAFETY PROCEDURE December 2016 Purpose and Scope: This procedure sets out the arrangements and responsibilities for managing gas safety within buildings owned or managed by Tai Calon Community Housing Responsibility (Manager/Team): Property Services Compliance Manager (PST) Chief Executive/Director Approval: Signature: Date: 24 th January 2017 Executive Approval Date: Review Date: 24 th January 2017 November 2018 Reference Documents: The Gas Safety (Installations and Use) Regulations
2 Gas Safety Procedure Introduction This procedure sets out the arrangements and responsibilities for managing gas safety within buildings owned or managed by Tai Calon Community Housing. Scope This document is a gas installation and use legislative procedure and will be communicated to all stakeholders including employees. The effective date of the policy is December Purpose and General Statement It is the aim of Tai Calon Community Housing (TCCH) to secure a high standard of gas safety to ensure the safety of all tenants, staff and others. This will be done by maintaining all gas heating installations including boilers, fires and associated pipework that it is deemed to own; this will be achieved having regard for its statutory responsibilities, and its relationship with other relevant strategic partners. The application of this procedure and the associated processes will ensure gas safety for those working in or visiting the buildings owned or managed by Tai Calon and to comply with the Gas Safety (Installations and Use) Regulations The procedure s objectives are to; Ensure we have adequate arrangements in place to comply with gas safety legislation. Ensure that gas installations and appliances are designed, installed and maintained by suitably qualified and competent persons in accordance with the Gas Safety (Installations and Use) Regulations Operate effective and efficient processes and ensure procedures are followed. 2
3 Maintain high levels of customer service. Regularly review and improve our approach to gas servicing, taking into account customer feedback and best practice. Legal Responsibility As a social landlord, Tai Calon has responsibility to comply with Gas Safety (Installations and Use) Regulations 1998 Regulation 36 Duties of Landlords. The following explains the most relevant details of the Gas Safety (Installation and Use) Regulations 1998 in relation to Tai Calon Community Housing Association. Regulations 3, 4, 8, 26, 30, 35, 36, 39. Regulation 3 Qualification and Supervision No person shall carry out any work in relation to a gas fitting or gas storage vessel unless competent to do so. Gas work should only be undertaken by a person who has successfully completed an industry recognised training course followed by assessment of competence. Training should be recognised by the industry standards setting body or where they have proved competence through a certification scheme. Training should be of a standard to enable a gas engineer to achieve competence in the safe installation, purging, disconnection, modification and dismantling of the gas systems, fittings and appliances with which they are working. Employers of gas engineers are also required to ensure that their employees have the required competence for the work undertaken, in addition to ensuring that they are properly experienced and trained. The duty to ensure gas engineers are competent extends to other employers and self employed people with control over the work concerned, where there is more than one duty holder in a particular situation, close liaison is essential. 3
4 Regulation 4 Duty on Employer This regulation requires any employer or self employed person requiring work to be done on a gas fitting to take steps to ensure the person doing the work is registered within a class of persons approved by the Health and Safety Executive (HSE). Businesses should make reasonable efforts to obtain evidence that any person they intend to perform gas installation work either under contract or on their own behalf is a member or employed by a member of a class of persons approved by the HSE. The class of person approved by the HSE is the Gas Safe Register. Regulation 8 Existing Gas Fittings This regulation prohibits any person from carrying out any alteration to premises in which a gas fitting or storage vessel is already installed which could compromise gas safety. The regulation also prohibits any work on a gas fitting or associated flue/ventilation system which would result in danger to any person. The regulation embraces a wide range of physical alterations to premises that might affect the safety of an existing gas fitting. Before significant alterations to premises where a gas appliance is installed, (e.g. installation or removal of windows, air bricks etc.), any safety implications for gas appliances, fittings etc needs to be property addressed. Similarly, prior consideration needs to be given to the possible effect of any modification such as a building extension on the safety of a gas storage vessel. Regulation 26 Gas Appliance Safety Precautions No person shall install a gas appliance unless it can be used without constituting a danger to any person. Gas engineers should ensure that any appliance they install, or flue to which they connect an appliance, is safe to use. 4
5 Appliances should be installed in accordance with manufacturers instructions, including any manufacturers instructions on the flue to which the appliance can be safely connected. The regulation imposes an important and wide ranging duty on the engineer to ensure that nothing about an appliance itself, the manner in which it is installed, any associated fitting or flue or other factor (e.g. ventilation) will cause danger when the appliance is taken into use. In addition, the regulation places restrictions/prohibits the installation of certain appliances. I.e.the installation of an open flued appliance in the same room as a solid fuel open fire or an appliance with a fan assisted flue. The regulation also states that no person shall install a gas appliance without there being, at the inlet, a means of shutting off the gas supply to the appliance unless the provision of such is not reasonably practible. After performing work on an installed appliance, engineers should carry out the necessary checks and tests to ensure that the appliance, and any associated flue is safe to use, reference should be made to manufacturers instructions and appropriate standards. Regulation 26(9) requires that where a person performs work on a gas appliance he shall immediately thereafter examine; a) The effectiveness of any flue. b) The supply of combustion air. c) Its operating pressure or heat input, where necessary both. d) Its operation so as to ensure its safe functioning. And forthwith take all necessary practicable steps to notify any defect to the responsible person and, where different, the owner of the premises in which the appliance is situated or, where neither is reasonably practicable, in the case of an appliance supplied with LPG, the supplier of gas to the appliance or, in any other case the transporter. 5
6 Regulation 30 Room Sealed Appliances This regulation prohibits the installation of certain gas appliances in specified rooms, unless the appliance is room sealed or fitted with a device to cause shut down before a dangerous quantity of combustion products can build up in the room concerned. A general prohibition is placed on the installation of any instantaneous water heater, unless it is room sealed or fitted with such a device. No person shall install a gas appliance into a bathroom or shower room unless it is room sealed. Non room sealed appliances used for water heating, space heating and central heating of 14kW or more gross heat input should not be installed in accommodation designed for sleeping in. However, non room sealed appliances of less that 14 kw may be fitted in these areas provided they incorporate such a device which turns off the gas supply before a dangerous level of fumes can build up. This also extends to any cupboard or compartment or space adjoining the accommodation or room concerned where there is no air vent from the space in the room. Regulation 34 Use of Appliance This regulation imposes a duty on the responsible person for any premises (for instance, the occupier or owner (e.g. landlord) of the premises) not to use or permit the use of any unsafe appliance. People carrying out specified work (e.g. on service pipes or gas fittings) must report any appliance they suspect is dangerous to the responsible person for the premises, or where the person is not available, to the gas supplier or transporter, as appropriate. A responsible person must not use or allow the use of any appliance which is known or suspected could constitute a danger of fire/explosion arising from gas leakage or carbon monoxide poisoning arising from inadequate flueing arrangements or ventilation. An unsafe/dangerous appliance means any appliance where; 6
7 a) There is a design, construction, installation, modification, servicing/maintenance or other fault in the gas appliance or associated flue/ventilation arrangement or a gas fitting other works for the gas supply to the appliance, which has or is likely to result in; Incomplete combustion. Products of combustion not being safely removed. Insufficient oxygen being available. An accidental gas leakage. Other danger e.g. fire. b) The resulting leakage, inadequate combustion, inadequate removal of the products of combustion, insufficient oxygen or other danger has caused or is likely to cause death or serious injury. General examples of faults which if likely to cause death or serious injury, would be regarded as Unsafe Appliance are given in the Gas Industry Unsafe Situations Procedures (GIUSP). If the responsible person can not be obtained for repair or disconnection of the dangerous appliance it is recommended that the engineer contacts the gas supplier, who has power to enter under the gas safety rights of entry. Additionally, reports of specified gas incidents are reportable to HSE via RIDDOR. Regulation 35 Duties of Employers and Self Employed Persons This regulation requires an employer or self employed person to ensure that any gas appliance, flue or installation pipework installed at a place of work they control is maintained in a safe condition. The duty under this regulation extends to certain mobile and portable appliances e.g. LPG space heaters. Effective maintenance of appliances usually involves an on-going programme of regular/periodic inspections, together with any necessary remedial work. In the absence of specified manufactures instructions, effective maintenance should include as a minimum; Examination of the physical condition and safe functioning of appliance, pipework, ventilation and any flue for deterioration. 7
8 Carry out performance tests. Taking the necessary remedial action. Regulation 36 Duties of Landlords As a social landlord, Tai Calon has responsibility to comply with Gas Safety (Installations and Use) Regulations 1998 Regulation 36 Duties of Landlords. Regulation 36 places important duties on landlords of properties to ensure that gas appliances and flues are maintained in a safe condition. Annual safety checks are carried out and records kept and issued (or in certain cases displayed) to tenants. Regulation 36, places 2 duties upon a landlord, those being: a) To maintain all gas appliances, flues and gas installations; (appliances that the tenant cannot legally remove); and b) To undertake an annual safety check of gas appliances and flues, and produce documents to support. In addition, landlords must ensure that no gas fitting of a type that would contravene regulation 30 is fitted in a room occupied or to be occupied as sleeping accommodation after the regulations came into force. To conform to the requirement of regulation 36(3) a landlord needs to; a) Ensure that appliances and chimneys/flues to which the landlord s duty extends are checked for safety at periods not exceeding 12 months. b) Although installation pipework is not covered by the requirements of the annual safety check, there is a requirement for landlords to provide effective maintenance. The application of the landlord duties under GSIUR is to a large extent covered by the definition in regulation 36(1). As far as flues are concerned, the duties extend to any flue which serves any relevant gas fitting. The definition of relevant gas fitting excludes an appliance, which the tenant owns and is entitled to remove from the premises when the tenant moves. 8
9 Flues servicing tenants own appliances are not covered under GSIUR however, landlords have a duty of care under the Health and Safety at Work Act 1974 (See Guidance note 10 Residents own appliances). (3c) Ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information: 1) The date on which the appliance or flue was checked; 2) The address of the premises at which the appliance or flue was installed; 3) The name and address of the landlord of the premises (or, where appropriate, his agent) at which the appliance or flue was installed; 4) A description of and the location of each appliance or flue checked; 5) Any defect identified; 6) Any remedial action taken; 7) Confirmation that the check undertaken complies with the requirements of Regulation 26 (9); 8) The name and signature of the person carrying out the check; and 9) The registration number with which that individual, or his employer, is registered with a body approved by the Executive for the purposes of regulation 3 (3) of the Gas Safety (Installation and Use) Regulations. Regulation 39 Exception as to Liability This regulation provides certain exceptions as to liability under which a person is not deemed to be guilty of an offence where they can show that they took all reasonable steps to prevent contravention of the provision concerned. This publication contains guidance in various areas e.g. concerning access to premises to discharge landlord s duties under Regulation 36, however it is for a court to decide on circumstances and whether a person is guilty of an offence. The exception as to liability only applies to the particular provisions specified in Regulation 30. They do not extend to the prohibition in Regulation 30 concerning installation of certain instantaneous water heaters. 9
10 The following are Guidance Documents (appendix) which are linked to Tai Calon s Gas procedures: 1. Management Responsibilities 2. Appointing new gas operates including Gas Safe registration and removal process 3. In house team qualifications 4. External subcontractor qualifications 5. Quality audit system 6. Gas testing equipment 7. Induction Process 8. Copies of gas compliancy paperwork 9. Residents own appliances 10. Use and Provision of Electrical Work records 11. Notifications under competent persons scheme 12. Gas industry Unsafe Situations Procedure and RIDDOR reporting 13. Periodic Review 14. Emergency Procedure This document should be read in conjunction with the following frameworks and procedures:- Ø Gas Escape and Fume Procedure Ø Asset Management Ø Customer care Ø Equality and diversity framework Ø Health and safety Ø Recharge policy Ø Complaints Ø Standards policy Ø Vulnerable persons procedures Ø Repairs technical guide Ø Disabled adaptations Ø Asbestos management Ø Leasehold management Ø Estate services Ø Service charges Ø Void property minimum standards Ø Compensation 10
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