The Gas Safety (Installation and Use) Regulations 1998
Gas Cooking Appliances (Safety) Regulations 1989 |
Every year some 30 people die from carbon monoxide poisoning caused by gas appliances and flues. The law places a duty on any person who rents a property and owns gas appliances and installation pipe work to make sure that they are maintained and safe to use.
The 1989 Regulations replace the Gas Cooking Appliances (Safety) Regulations 1984. Under the Regulations it is an offence to supply (which includes hire as part of furnished or holiday let) a used gas cooking appliance, unless it complies with certain safety requirements.
A gas cooking appliance is any equipment designed, or suitable, for domestic use in the home (including a ship or caravan) and is designed for cooking by the burning of gas, including LPG (Liquified Petroleum Gas). After the first let the appliance is used.
Equipment is covered by the Regulations even if it has additional functions, and it is covered whether it is designed for floor, table or wall mounting, resting on a raised surface or fixed to any upright structure, or supported by any other equipment.
Equipment designed to be used outdoors or in a tent is not covered by these Regulations.
Because the regulations are issued under the Consumer Protection Act, supply includes supply as part of a holiday let or furnished accommodation and letting agents are liable as well as landlords. Each new letting will be of used equipment for the purposes of the Regulations.
What are the Safety Requirements?
The main safety requirements for a gas appliance when in normal use are as follows:
All gas carrying components must be sufficiently sound to prevent leaks of gas or poisonous fumes.
Oven door seals must be effective.
Burner ignition devices must work to ensure prompt ignition of the burner.
When a burner is lit by automatic or manual devices, all of the flame ports must ignite.
After a period of one minute following ignition, any flame must be stable enough so that it does not move away, either in whole or in part, from the burner port and the flame does not return inside the body of the burner.
The quantity of carbon monoxide in the products of combustion is not such as to give rise to the likelihood of death or personal injury.
Gas shut-off devices must work promptly and safely.
Any tap handle must be designed so that it cannot be switched on by accident.
Shut-down lids with automatic devices to cut off gas must work.
Surface temperatures, apart from working surfaces, must not be so high as to cause possible injury or fire.
Any glass (e.g. doors, lids and splashbacks), must be of a type to prevent death or injury due to the glass breaking.
All accessible parts must be free from sharp edges.
Any free-standing appliance when subjected to certain tests, must be stable and any pan supports must ensure the stability of any cooking vessels placed upon them.
Information that is necessary for the safe installation, adjustment, maintenance and operation must be marked on the appliance or, if not practicable, in accompanying documentation and must be in English.
How do I know if the cooker meets the safety requirements?
Cookers which state that they comply with British Standard 5386, or European Standard EN30, or bear the CE mark, will probably have complied when they were manufactured. However, that does not guarantee that they will comply after they have been used. Therefore, it will be necessary for a skilled and competent person periodically to examine the appliance to ensure that it complies with the safety requirements.
Who can install a gas cooker or other gas appliance?
Only someone who is competent to do so under the terms of The Gas Safety (Installation and Use) Regulations 1998, i.e. a person registered by Gas Safe. See additional guidance.
Action:
All gas appliances should be installed, tested and maintained by a person registered by Gas Safe
Check all gas cooking appliances for defects (for example leaks, loose fittings, blocked or non-functioning pilot jets etc.)
Institute a procedure for maintenance checks on a regular basis by a qualified Corgi registered engineer. These checks should be carried out at least every 12 months, and records kept of the test dates, defects and remedial action taken. Keep records for two years. Landlords should make this information available to tenants. .
Gas cookers must:
have legible and durable markings on the controls; be marked with the manufacturers or importers name;
have adequate pan supports;
have tap handles which are easy to operate, but not liable to be turned on accidentally;
ignite promptly;
have oven doors which seal in hot gases;
have instructions for safe use
not have sharp edges;
not have a casing which gets hot enough to cause injury
if it has a hob, the hob cover must shut off the gas supply or the cover must have a warning label stating that it does not.
Ensure that instruction booklets are available and that any necessary safety warnings are given
Avoid purchasing second-hand electrical appliances for rented accommodation or holiday lets. If used appliances are installed when property is acquired, it is advisable to have them checked by a qualified engineer.
There is no specific requirement for regular testing under the regulations. However, a check should be made of the gas appliances on a regular basis and between lets if property is let on a commercial basis.
The maximum penalty for a single breach of one of these Gas Cooking Regulations after 16th January 2009 is a £20,000 fine or up to 1 year imprisonment if sentenced in the Magistrates’ court, or an unlimited fine or up to 2 years imprisonment if sentenced in the Crown Court.
Contact us to help you conduct a full risk assessment of your premises
Additional Reading:
Gas Installation and Maintenance
Gas Heaters
Carbon Monoxide Poisoning
Landlords and Holiday Lets
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A Guide to Landlord's Duties under the Gas Safety (Installation and Use) Regulations
