Gas safety

The installation and use of gas systems and appliances may create two forms of risk to the consumer. These are fire and explosion, where leaking gas from poorly fitted appliances or pipework can cause major fires and explosions which not only damage the consumer's property but also adjacent premises, and carbon monoxide poisoning, where carbon monoxide can be released if gas appliances are not properly installed or maintained in a safe condition.

The Gas Safety (Installation and Use) Regulations 1998 [1] came into force on 31 October 1998. The regulations give legal protection to the public and place important duties on public and private landlords. The regulations cover normal gas supplies and liquefied petroleum gas (LPG), which is usually supplied from tanks and cylinders and is commonly used in mobile homes.

Landlords must:

• maintain all gas fittings, appliances pipework and flues for which they are responsible in a safe condition so as to prevent risk of injury to any person [2]

• ensure that all installation, maintenance and safety checks are carried out by a gas installer registered with the Gas Safe Register

• ensure that an annual safety check is carried out on each gas appliance/flue by a gas installer registered with the Gas Safe Register. Checks need to have taken place within one year of the start of the tenancy, unless the appliances have been installed for less than 12 months, in which case they should be checked within 12 months of their installation date. From 6 April 2018 an extra two months can be allowed where this is to bring the date of the check on that appliance into alignment with checks on other appliances or flues. Only one such delay is allowed per appliance.

• keep a record of each safety check for two years (from April 2018 records must be kept until there have been two further checks)

• issue a copy of the current safety check record to each tenant within 28 days of the check being carried out, or to each new tenant before they move in (in certain cases such as holiday cottages the record can be displayed)

• ensure satisfactory equipment is installed for detecting, and for giving warning of, carbon monoxide present in a concentration that is hazardous to health [3]

All new installations of appliances in a bedroom, bedsitting room, bathroom, shower room and in the sleeping areas of caravans should be of the 'room-sealed' type (ie sealed off from the room). However, heating appliances of less than 14kw that are not room sealed can be fitted provided they have a device that cuts off the gas supply before a dangerous level of carbon monoxide builds up.

There is also a prohibition on fitting an instantaneous water heater which is not room sealed or fitted with a safety device to shut down the appliance before a dangerous build up of fumes can occur. This applies to all rooms, not just bathrooms etc.

Paying for safety checks and repairs is usually the landlord's responsibility as almost all private, council and housing association landlords have a duty to keep the installations for gas and space heating in repair and proper working order. [4] Where it can be shown that a breach of the regulations by the landlord was due to an act or default of the managing agent, the agent may also be guilty of an offence. It is good practice for landlords using managing agents to ensure that the contract between them states who is responsible for the maintenance of gas appliances and keeping records.

The 'responsible person' of any premises has a duty not to use an appliance if it is known or suspected to be unsafe. This applies to the occupier of the premises or if there is no occupier, the owner or agent of the owner. Tenants should report all faults immediately to their landlord or the managing agent.

Where a gas contractor finds an unsafe gas appliance s/he must take reasonable steps to inform the responsible person that it is unsafe and that it is an offence to continue to use it. If s/he cannot get permission from the user/owner to disconnect the appliance, then s/he should label it as unsafe and include a statement that its continued use is an offence.

If there is a gas leak the responsible person must take reasonable steps to prevent further escape of gas. The leak must be reported to the supplier who should repair it within 12 hours.

The Health and Safety Executive (HSE) have responsibility for investigating gas explosions, carbon monoxide incidents and complaints. They also give advice on the above and related issues.

The HSE can:

• give verbal or written advice

• serve an improvement notice requiring work to be carried out by a certain date, for example requiring a landlord to have gas appliances checked for safety [5]

• serve a prohibition notice, for example where the continuing use of a gas appliance involves a risk of serious personal injury. [6] A breach of the gas safety regulations is an offence punishable with a fine up to £5000, whilst for serious breaches an unlimited fine can be imposed.

If there is a breach of an improvement or prohibition notice then this is punishable, in the case of summary conviction, with a fine up to £20,000 or a prison sentence of up to six months, or both, and on indictment, of an unlimited fine or a prison sentence of up to two years, or both.

Where a fatality has occurred a charge of culpable homicide may be brought by the Procurator Fiscal.

Gas suppliers make take several different courses of actions when dealing with gas supply problems.

Disconnections

Gas suppliers have powers under which they can disconnect the supply for safety reasons. [7] They do not have to give notice of disconnection in emergencies but must send the customer written notice within five days of the disconnection, detailing the nature of the defect, the danger involved and what action has been taken. If occupiers want to object they have 21 days to appeal to the Scottish Ministers. The meter stays disconnected until the fault is remedied or the appeal is successful. It is a criminal offence to reconnect the supply without the consent of the appropriate authorities.

When the supply is disconnected for safety reasons the supplier can provide alternative appliances such as electric heaters and cookers, although this is unlikely if it is thought that tampering is involved.

Entering the home

Gas suppliers have the right to enter premises to do any necessary work or to cut off the supply if they have reasonable cause to suspect that gas is or might be escaping, or that escaped gas has entered the premises and there is a danger to life or property. [8]

The supplier does not need a warrant to exercise the right of entry in an emergency but can get one if the occupier obstructs entry.

Safety checks

Usually the person responsible must pay for safety checks. However in some circumstances a free yearly safety check may be provided by suppliers to those in receipt of, for example, certain disability benefits.