COMPLIANCE WITH SAFETY

Transcription

1 COMPLIANCE WITH SAFETY The Furniture and Furnishings (Fire)(Safety) Regulations 1988 (amended 1989 & 1993)(Consumer Protection Act 1987) COMMENCEMENT - The Regulations come into force on: 1st March 1993 for new lettings - 31st December 1996 transitional period ends SCOPE These regulations set new levels of fire resistance for domestic upholstered furniture, furnishings and other products containing upholstery, acting as secondary legislation under the Consumer Protection Act Many domestic fires start with soft furnishings catching fire and many deaths are attributed to the highly poisonous fumes that are given off by the man-made foams and coverings. The regulations include sensible measures to improve the fire safety of materials used in their construction. Landlords and letting agents are also included under the scope of the Regulations. The Amendment Regulations introduced in 1993 draw specific attention to the responsibilities of letting agents and those engaged in the 'letting of accommodation'. The Regulations refer to the 'supply' of furniture and furnishings and it has been established that in many cases, a letting agent or commercial landlord is deemed to be 'supplying in the course of business' when these types of items are included within a property. The bulk of the regulations deal with the duties of manufacturers (and importers if manufactured abroad) in producing and supplying domestic furniture and furnishings to the required new standards for fire resistance. These standards include two tests; the match test and the cigarette test. For new furniture, the net effect of the regulations is that any such products manufactured after 1st March 1989 or sold by a retailer after 1st March 1990 shall be to the new standards and will be labeled accordingly. However, in the case of letting agents or landlord letting in the course of business, the furniture 'supplied' will invariably be second-hand and in many cases was manufactured and purchased prior to Effective 1st March 1993, landlords letting residential property will be expected to ensure that any soft furniture complies with the regulations. There is an exemption period for properties already being let at this date. The main provisions are: - upholstered articles (i.e. beds, sofas, armchairs etc.) must have fire resistant filling material - upholstered articles must have passed a match resistance test or, if of certain kinds (such as cotton or silk) be used with a fire resistant interliner. - the combination of the cover fabric and the filling material must have passed a cigarette resistance test.

2 ARTICLE COVERED The regulations apply to: Beds, headboards of beds and mattresses Sofa-beds, futons and other convertibles Nursery furniture Garden furniture which is suitable for use in dwelling Scatter cushions and seat pads Pillows Loose and stretch covers for furniture Extra or replacement furniture purchased for rented accommodation The regulations do not apply to: Antique furniture or any furniture made before 1950 Bed-clothes (including duvets) Loose covers for mattresses Pillowcases Curtains Carpets Sleeping bags

3 The Gas Safety (Installation and Use) Regulations 1998 (Health & Safety at Work Act 1974) COMMENCEMENT The Regulations came into force on 31st October, 1998 SCOPE The Regulations re-enact, with certain changes, the Gas Safety (Installation and Use) Regulations (GSIUR)1994, introduced under the Health and Safety at Work Act 1974 (HSWA) and apply in England, Scotland, Wales and Northern Ireland. They cover requirements for the safe installation and maintenance of gas appliances, flues, meters and pipework etc. Landlords and letting agents should be aware both of the general provisions in the Regulations (e.g. concerning installation of all new gas pipework and appliances) as well as specific provisions relating to rented property. The duties under these Regulations supplement general safety requirements under HSWA. For all property, the Regulations require that: - - all work to gas appliances and fittings shall be carried out by a competent and suitably qualified engineer who is CORGI (Council for Registered Gas Installers) registered - - only 'room-sealed' appliances may now be installed in a room used or intended to be used as a bathroom or shower room. Furthermore, appliances with a gross heat output of more than 14 kilowatts installed in a room used or intended to be used as sleeping accommodation must be room-sealed and those of 14 kw or less must either be a 'room-sealed' type or incorporate a safety control device designed to shut down the appliance if there is a build-up of combustion products in the room concerned. - - no instantaneous water heater be installed in any room, unless it is 'room-sealed' or fitted with a safety control device. - - where the gas meter is installed in a lockable meter box, the installer should supply the consumer with a suitably labelled key to the box - - the installer or engineer must perform a defined series of safety checks and tests after carrying out any work on a gas appliance - - any person who installs a gas appliance in a property shall leave manufacturer's instructions for the occupier of the premises - - a person responsible for the premises shall not use or permit to be used a gas appliance that is suspected or known to be faulty or incorrectly installed and a danger to any person - - any person in control of any alteration to premises must ensure that the work does not adversely affect the safety of any gas fitting at the premises concerned, or bring it out of line with the Regulations. This includes assessing implications of any proposed work and carrying out subsequent checks, both in cases where implications for gas safety are obvious (eg. changes to a flue or chimney), and where risks are less apparent, such as the installation of double glazing which may include the removal or replacement of air bricks - - *no person shall install a flue other than in a safe position - - where there is an escape of gas or emission of carbon monoxide (CO) from a gas appliance, the person responsible for the premises (this is normally the occupier, but could be the landlord or agent if property is empty) must take reasonable steps to prevent further escape (ie by closing an emergency control if safe to do so), and is obliged to inform the gas supplier immediately if the gas or CO continues to escape after the supply has been cut off or the smell of gas persists. The Gas Emergency Freephone Number is RENTED PROPERTIES In addition to these requirements there are detailed provisions which apply to rented property let on a tenancy or lease of less than 7 years (including periodic tenancies) or those which may be determined within 7 years, and to periodic tenancies arising from such tenancies. Property occupied under the terms of a licence, eg guest houses, bed and breakfast and holiday accommodation, is also covered by these regulations.

4 The Regulations make the following main provisions in relation to rented property: 1. MAINTENANCE. The Regulations place a duty on the landlord to ensure that all gas appliances, flues and associated pipework are maintained in a safe condition at all times. 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 twelve months by a competent engineer (i.e. CORGI registered gas installer) The Regulations require that the gas safety check includes as a minimum, an examination of: (a) the effectiveness of any flue (b) the supply of combustion air, (c) the appliance operating pressure and/or heat output, (d) the appliance operation so as to ensure its safe functioning' 3. NEW TENANCIES. Before any 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 later. 4. TENANT'S APPLIANCES. Under these Regulations, a landlord's duty to maintain and check appliances does not apply to gas appliances which are owned by the tenant, nor to any flues that only serve such appliances (although the landlord may have a duty to repair and maintain such flues under separate legislation - see s.11, Landlord and Tenant Act 1985). Appliances owned by the tenant are defined in the Regulations as those which the tenant is entitled to remove from the property. The Regulations do apply to common flues that serve both an appliance owned by the tenant and a separate appliance owned by the landlord. 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 concerned, the name and address of the landlord (or where appropriate, the agent), the description of the appliance/flue checked, any defect identified, any remedial action taken, 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 may be used for this purpose. Records should be kept for 2 years from the date of the check. 6. GAS CERTIFICATE. A copy of the safety check record or certificate must be given to any new tenant before the tenant occupies the premises to which the record relates. Also, a copy of the new record must be given to each existing tenant within 28 days of the annual check. Because the Regulations require that a copy of the record is to be given to 'each existing tenant' and 'any new tenant', this means that all tenants should receive a copy of the report within the prescribed time. Where there is no relevant gas appliance in any room that is occupied by the tenant in relevant premises (eg an outhoused gas boiler), but elsewhere in the premises, the landlord may, instead of issuing a copy of the gas safety check record to each tenant, ensure that there is displayed in a prominent position in the premises a copy of the record which must contain a statement that the tenant may request and be entitled to a copy of the record from the landlord. 7. CONTRACTING OUT. A landlord or agent may not contract out of his obligations under the Regulations, eg. by making an agreement or stipulation on the tenant under the lease that the tenant must arrange for servicing of gas appliances.

5 8. ROOM-SEALED APPLIANCES. The Regulations prohibit the installation of certain types of gas appliances in certain areas; such as a room used or intended to be used as a bathroom or sleeping accommodation. Although this is a general requirement on all properties, a landlord has additional specific duties under the Regulations to: - check that such appliances are not installed in any room occupied or intended to be occupied as sleeping accommodation - ensure that the Regulations are not contravened when a room is converted to form accommodation used or intended to be used as sleeping accommodation. ROOM SEALED APPLIANCES A "room-sealed appliance" means an appliance whose combustion system is sealed from the room in which the appliance is located and which obtains air for combustion from a ventilated uninhabited space within the premises or directly from the open air outside the premises and which vents the products of combustion directly to open air outside the premises. The requirement with regard to room-sealed appliances in bathrooms / shower rooms does not apply retrospectively to appliances installed before 31 October The restrictions on appliances in sleeping accommodation do not apply to appliances installed before 1 January A competent gas fitter will be able to advise landlords who are unsure whether specific appliances are affected in specific situations (i.e. when converting accommodation).

6 RECOMMENDED ACTION Letting agents and landlords should familiarise themselves with their duties both under GSIUR and HSWA. In particular, the following key actions are advised: ESSENTIAL: - - Ensure that all gas appliances in all managed properties have been checked within the last 12 months and implement a system of annual checks and ongoing maintenance for all gas appliances and flues - - Maintain safety check records for all gas appliances and flues in each property, and issue a copy of this to each tenant. - - Check that your gas engineer or sub-contractor is CORGI registered and qualified to do the job - - Inform landlords of their obligations under the Regulations - in particular the requirements for on-going maintenance and annual safety checks on appliances. - - Ensure appliances/fittings are safe before re-letting premises, and remove any unsafe appliance/fitting left by the previous tenant. - - Ensure close co-operation with tenants, eg. for reporting of faulty gas appliances/flues, and providing access for checks and maintenance work. RECOMMENDED: - - Ensure that instruction booklets are available at the property for all gas appliances - - Refer to the Regulations within the agency agreement with your landlord and include an authority to carry out the required annual checks and maintenance on their behalf. Ensure allocation of responsibilities is clear, to avoid any possible gap in safety cover. - - Avoid the installation of second-hand gas appliances in rented properties and advise owners likewise. If second-hand appliances are installed, it is necessary that they are installed and checked and that any subsequent maintenance is carried out by a competent CORGI registered installer. EXCLUSIONS AND INDEMNITY 1. The Regulations for tenanted property do not apply to leases for a term of more than 7 years unless such leases may be terminated before the expiration of 7 years from the commencement of the term 2. The Regulations allow a defence for some specified regulations where a person can show that he took all reasonable steps to prevent that contravention 3. Portable or mobile gas appliances supplied from a cylinder must be included in maintenance and the annual check; however they are excluded from other parts of the Regulations 4. Neither landlord nor agent will be responsible for gas appliances owned by the tenant(s) and which the tenant is entitled to take away from the property Where part of the premises is used for non-residential purposes, any gas appliance or installation pipework exclusively in that part of the premises is not counted as a 'relevant gas appliance' and the landlords gas safety check does not apply. However, gas appliance/fittings serving both residential and non-residential parts of premises are covered.

7 ACCESS TO PREMISES It is recognised that landlords may not be able to gain access to the property in all cases. Access arrangements will need to be agreed with tenants. HSE guidance states that landlords have to take "all reasonable steps" to ensure access to enable safety checks and maintenance work to be carried out; in the final analysis it is for a court to decide what comprises "all reasonable steps" in particular circumstances. This may, for example, involve giving written notice to a tenant explaining reasons and requesting access. A record should be kept of any correspondence or other action, in case a tenant refuses access and it is necessary to demonstrate what steps have been taken. Tenants should be strongly advised to provide access for both safety checks and maintenance work in the interests of their own safety. Landlords should be aware that it is a condition of most tenancies, that the landlord or any person authorised by him, may at reasonable times of the day and on giving 24 hours' notice in writing, enter the premises to carry out inspections and repairs (rights provided under Landlord & Tenant Act 1985 and Housing Act 1988). However, action to gain access does not involve making arrangements for forced entry into property. POSITION OF AGENTS Although the Regulations place duties on landlords, where an agent acts for a landlord, the agent also needs to comply with the Regulations. HSE guidance advises the agent to be sure that the management contract clearly specifies who is responsible for ensuring that the safety check and maintenance obligations are met and records are kept. Where a breach of the Regulations is shown to arise from an act or default of a managing agent, the agent may be liable to legal action under the Regulations, regardless of whether or not separate proceedings are taken against the landlord. PENALTY & ENFORCEMENT The maximum penalty imposed in a Magistrates Court (or Scottish equivalent) for non-compliance is a fine of 5,000. If the case is then referred to a Crown Court (eg. where contravention has led to a serious injury or death) an unlimited fine or custodial sentence may be imposed. The main enforcing authority is the Health and Safety Executive (HSE) PREVIOUS REGULATIONS These Regulations revoke the following regulations: - Gas Safety (Installation and Use) Regulations Gas Safety (Installation and Use) (Amendment) Regulations Gas Safety (Installation and Use) (Amendment) (No. 2) Regulations 1996

8 The Electrical Equipment (Safety) Regulations 1994 and Low Voltage Electrical Equipment Regulations 1989 (Consumer Protection Act 1987) Commencement: The Electrical Equipment Regulations came into force on 9th January 1995 SCOPE Both sets of Regulations relate to the supply of electrical equipment designed with a working voltage of between 50 & 1000 volts a.c. (or between 75 & 1500 d.c.), acting as secondary legislation under the Consumer Protection Act 1987 (the 'Act'). Because the Regulations operate with the same definition of 'supplier' as the Consumer Protection Act, then letting agents and landlords letting in the 'course of business' are liable as suppliers. The Regulations impose the obligation on the supplier of such goods to ensure that they are 'safe' as defined by Section 19 of the Act - so that there is no risk of injury or death to humans or pets, or risk of damage to property. The Regulations cover all mains voltage household electric goods including cookers, kettles, toasters, electric blankets, washing machines, immersion heaters, etc. BUT under the Consumer Protection Act 1987, s11 the Regulations do not apply to items attached to land. This is generally considered to exclude the fixed electrical wiring and built-in appliances (eg. cental heating systems) from the Regulations. In the case of letting agents or landlords letting in the course of business, the electrical equipment 'supplied' will invariably be second-hand and little further information will be available (e.g. receipts, safety certificates, instruction manuals, etc.). The Regulations require: - GENERAL SAFETY. That all electrical equipment supplied is safe. In measuring safety, the 'supplier' needs to ascertain whether the product will comply with the current UK requirements for safety of domestic electrical products. Without detailed technical knowledge, there is no simple way to define which electrical products conform and which do not. The Regulations or DTI's guide are not helpful in this way; the DTI guide merely states: 'As with other second-hand equipment there is no mandatory requirement for second-hand equipment to undergo any safety testing but a supplier may wish to arrange for testing to check the safety of any equipment to ensure that the equipment is safe so as to avoid commission of any offence.' - INSTRUCTIONS. Where the safe use of the equipment relies upon the user being aware of any particular characteristic, suitable information or instruction booklets should be provided. The instructions should be given in English. - LABELLING. The 1994 Regulations require that any equipment supplied in the EEC after 9th January 1995 shall be marked with the appropriate CE symbol (subject to the Transitional arrangements below). In practise, the CE labelling requirement only applies to manufacturers when equipment is first placed on the market.

9 - TRANSITIONAL ARRANGEMENTS. Equipment supplied in the letting of property will thus be supplied equipment already placed into the supply chain. The transition arrangements allow the supply of electrical equipment which either complies with the provisions of the 1994 Regulations or complies with the provisions of the 1989 Regulations. Thus letting agents may continue to provide non CE labelled equipment as long as it is compliant with the 1989 Regulations since it is already in the supply chain. RECOMMENED ACTION Letting agents and landlords letting in the course of business should consider the following action: ESSENTIAL: Check all electrical appliances in all managed properties as soon as practicable for defects (e.g. frayed wiring, badly fitted plugs, etc.). Remove unsafe items. Maintain records of the checks carried out for all the above appliances in each property. Inform landlords of the new Regulations and their obligations. RECOMMENDED: Have appliances checked by a qualified electrical engineer. Ensure that instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants. Refer to the Regulations within the agency agreement with your landlord. Avoid purchasing second-hand electrical appliances for rented properties and advise owners likewise. If used appliances are installed, it is necessary to have them checked by a qualified engineer. There is no specific requirement for regular testing under the Regulations. However, in order for the agent to ensure compliance, some ongoing checks should be scheduled. EXCLUSIONS & INDEMNITY EXCLUDED PRODUCTS. Plugs and sockets for domestic use and electricity supply meters are amongst the list of excluded products named by the Regulations. DUE DILIGENCE. Section 39 of the Act provides a defence of 'due diligence'. That section provides that it shall be a defence to show that a person took all reasonable steps and exercised all due diligence to avoid committing the offence. Merely asking the landlord to sign a statement that there are no noncompliant items is not considered to be sufficient in this respect. PENALTY The maximum penalty for non-compliance is a fine of 5,000 or six months imprisonment, or both. RELATED REGULATIONS Health & Safety at Work Act 1974 Electricity at Work Regulations 1989 The Plugs and Sockets etc. (Safety) Regulations 1994 The 1989 Regulations revoke the following regulations: - The Electrical Equipment (Safety) Regulations 1975 The Electric Blanket (Safety) Regulations 1971