Crown copyright 1998 with the permission
of the Controller of Her Majesty's Stationery Office
The Gas
Safety (Installation and Use) Regulations 1998
PART A
General
1. Citation and commencement.
2. General interpretation and application.
PART B Gas Fittings
General Provisions
3. Qualification and supervision.
4. Duty on employer.
5. Materials and workmanship.
6. General safety precautions.
7. Protection against damage.
8. Existing gas fittings.
9. Emergency controls.
10. Maintaining electrical continuity.
PART C
Meters and Regulators
11. Interpretation of Part C.
12. Meters - general provisions.
13. Meter housings.
14. Regulators.
15. Meters - emergency notices.
16. Primary meters.
17. Secondary meters.
PART D
Installation Pipework
18. Safe use of pipes.
19. Enclosed pipes.
20. Protection of buildings.
21. Clogging precautions.
22. Testing and purging of pipes.
23. Marking of pipes.
24. Large consumers.
PART E Gas
Appliances
25. Interpretation of Part E.
26. Gas appliances - safety precautions.
27. Flues.
28. Access.
29. Manufacturer's instructions.
30. Room-sealed appliances.
31. Suspended appliances.
32. Flue dampers.
33. Testing of appliances.
34. Use of appliances.
PART F
Maintenance
35. Duties of employers and self-employed persons.
36. Duties of landlords.
PART G
Miscellaneous
37. Escape of gas.
38. Use of antifluctuators and valves.
39. Exception as to liability.
40. Exemption certificates.
41. Revocation and amendments.
Explanatory
Notes
PART A. -
GENERAL
Citation and
commencement
1. These
Regulations may be cited as the Gas Safety (Installation and Use) Regulations
1998 and shall come into force on 3rd October 1998.
General
interpretation and application.
2. - (1) In
these Regulations, unless the context otherwise requires - "appropriate
fitting" means a fitting which
(a) has been designed for the purpose of effecting a gas tight seal in a pipe
or other gasway;
(b) achieves that purpose when fitted; and
(c) is secure, so far as is reasonably practicable, against unauthorised
opening or removal;
"distribution
main" means any main through which a transporter is for the time being
distributing gas and which is not being used only for the purpose of conveying
gas in bulk;
"emergency
control" means a valve for shutting off the supply of gas in an emergency,
being a valve intended for use by a consumer of gas;
"flue"
means a passage for conveying the products of combustion from a gas appliance
to the external air and includes any part of the passage in a gas appliance
duct which serves the purpose of a flue;
"gas"
means any substance which is or (if it were in a gaseous state) would be gas
within the meaning of the Gas Act 1986[2] except that it does not include gas
consisting wholly or mainly of hydrogen when used in non-domestic premises;
"gas
appliance" means an appliance designed for use by a consumer of gas for
heating, lighting, cooking or other purposes for which gas can be used but it
does not include a portable or mobile appliance suppled with gas from a
cylinder, or the cylinder, pipes and other fittings used for supplying gas to
that appliance, save that, for the purposes of regulations 3, 35 and 36 of
these Regulations, it does include a portable or mobile space heater supplied with
gas from a cylinder, and the cylinder, pipes and other fittings used for
supplying gas to that heater;
"gas
fittings" means gas pipework, valves (other than emergency controls),
regulators and meters, and fittings, apparatus and appliances designed for use
by consumers of gas for heating, lighting, cooking or other purposes for which
gas can be used (other than the purpose of an industrial process carried out on
industrial premises), but it does not mean
(a) any part of a service pipe;
(b) any part of a distribution main or other pipe upstream of the service pipe;
(c) a gas storage vessel; or
(d) a gas cylinder or cartridge designed to be disposed of when empty;
"gas
storage vessel" means a storage container designed to be filled or
re-filled with gas at the place where it is connected for use or a re-fillable
cylinder designed to store gas, and includes the vapour valve; but it does not
include a cylinder or cartridge designed to be disposed of when empty;
"gas
water heater" includes a gas fired central heating boiler;
"installation
pipework" means any pipework for conveying gas for a particular consumer
and any associated valve or other gas fitting including any pipework used to
connect a gas appliance to other installation pipework and any shut off device
at the inlet to the appliance, but it does not mean
(a) a service pipe;
(b) a pipe comprised in a gas appliance;
(c) any valve attached to a storage container or cylinder; or
(d) service pipework;
"meter
by pass" means any pipe and other gas fittings used in connection with it
through which gas can be conveyed from a service pipe or service pipework to
installation pipework without passing through the meter;
"primary
meter" means the meter nearest to and downstream of a service pipe or
service pipework for ascertaining the quantity of gas supplied through that
pipe or pipework by a supplier;
"re-fillable
cylinder" means a cylinder which is filled other than at the place where
it is connected for use;
"the
responsible person", in relation to any premises, means the occupier of
the premises or, where there is no occupier or the occupier is away, the owner
of the premises or any person with authority for the time being to take
appropriate action in relation to any gas fitting therein;
"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;
"service
pipe" means a pipe for distributing gas to premises from a distribution
main, being any pipe between the distribution main and the outlet of the first
emergency control downstream from the distribution main;
"service
pipework" means a pipe for supplying gas to premises from a gas storage
vessel, being any pipe between the gas storage vessel and the outlet of the
emergency control;
"service
valve" means a valve (other than an emergency control) for controlling a
supply of gas, being a valve
(a) incorporated in a service pipe; and
(b) intended for use by a transporter of gas; and
(c) not situated inside a building;
"supplier"
in relation to gas means
(a) a person who supplies gas to any premises through a primary meter; or
(b) a person who provides a supply of gas to a consumer by means of the filling
or re-filling of a storage container designed to be filled or re-filled with
gas at the place where it is connected for use whether or not such container is
or remains the property of the supplier; or
(c) a person who provides gas in re-fillable cylinders for use by a consumer
whether or not such cylinders are filled or re-filled directly by that person
and whether or not such cylinders are or remain the property of that person,
but a retailer shall not be deemed to be a supplier when he sells a brand of
gas other than his own;
"transporter"
in relation to gas means a person who conveys gas through a distribution main;
"work"
in relation to a gas fitting includes any of the following activities carried
out by any person, whether an employee or not, that is to say
(a) installing or re-connecting the fitting;
(b) maintaining, servicing, permanently adjusting, disconnecting, repairing,
altering or renewing the fitting or purging it of air or gas;
(c) where the fitting is not readily movable, changing its position; and
(d) removing the fitting; but the expression does not include the connection or
disconnection of a bayonet fitting or other self-sealing connector.
(2) For the
purposes of these Regulations
(a) any reference to installing a gas fitting includes a reference to
converting any pipe, fitting, meter, apparatus or appliance to gas use; and
(b) a person to whom gas is supplied and who provides that gas for use in a
flat or part of premises let by him shall not in so doing be deemed to be
supplying gas.
(3) Subject
to paragraphs (4) and (5) below, these Regulations shall apply to or in
relation to gas fittings used in connection with
(a) gas which has been conveyed to premises through a distribution main; or
(b) gas conveyed from a gas storage vessel.
(4) Save for
regulations 37, 38 and 41 and subject to regulation 3(8), these Regulations
shall not apply in relation to the supply of gas to, or anything done in
respect of a gas fitting at, the following premises, that is to say
(a) a mine or quarry within the meaning of the Mines and Quarries Act 1954[3]
or any place deemed to form part of a mine or quarry for the purposes of that
Act;
(b) a factory within the meaning of the Factories Act 1961[4] or any place to
which any provisions of the said Act apply by virtue of sections 123 to 126 of
that Act;
(c) agricultural premises, being agricultural land, including land being or
forming part of a market garden, and any building thereon which is used in
connection with agricultural operations;
(d) temporary installations used in connection with any construction work
within the meaning assigned to that phrase by regulation 2(1) of the
Construction (Design and Management) Regulations 1994[5];
(e) premises used for the testing of gas fittings; or
(f) premises used for the treatment of sewage, but they shall apply in relation
to such premises or part thereof used for domestic or residential purposes or
as sleeping accommodation.
(5) Nothing
in these Regulations shall apply in relation to the supply of gas to, or
anything done in respect of a gas fitting on
(a) a self-propelled vehicle except when such a vehicle is
(i) hired out in the course of a business; or
(ii) made available to members of the public in the course of a business
carried on from that vehicle;
(b) a
sea-going ship;
(c) a vessel not requiring a national or international load line certificate
except when such vessel is
(i) hired out in the course of a
business;
(ii) made available to members of the public in the course of a business
carried out from that vessel; or
(iii) used primarily for domestic or residential purposes;
(d) a
hovercraft; or
(e) a caravan used for touring otherwise than when hired out in the course of a
business.
(6) Nothing in these Regulations shall apply in relation to
(a) the supply of gas to the propulsion system of any vehicle or to any gas
fitting forming part of such propulsion system;
(b) the supply of gas to, or anything done in respect of, a bunsen burner used
in an educational establishment; or
(c) work in relation to a control device on a gas appliance if -
(i) the device is intended primarily
for use by a consumer of gas; and
(ii) the work does not involve breaking into a gasway.
(7) These
Regulations shall not apply in relation to a gas fitting used for the purpose
of training gas fitting operatives in a college or other training
establishment, except that paragraphs (1) to (5) and (7) of regulation 3 shall
apply to work in relation to a gas fitting carried out by a person providing
such training.
(8) These
Regulations shall not apply in relation to a gas fitting used for the purpose
of assessing the competence of a gas fitting operative at an assessment centre
where such assessment is carried out for the purposes of a nationally
accredited certification scheme, except that regulation 3(1) and (2) shall
apply to work in relation to a gas fitting carried out by a person carrying out
such assessment.
PART B GAS
FITTINGS - GENERAL PROVISIONS
Qualification
and supervision
3. - (1) No
person shall carry out any work in relation to a gas fitting or gas storage
vessel unless he is competent to do so.
(2) The
employer of any person carrying out such work for that employer, every other
employer and self-employed person who has control to any extent of such work
and every employer and self-employed person who has required such work to be
carried out at any place of work under his control shall ensure that paragraph
(1) above is complied with in relation to such work.
(3) Without
prejudice to the generality of paragraphs (1) and (2) above and subject to
paragraph (4) below, no employer shall allow any of his employees to carry out
any work in relation to a gas fitting or service pipework and no self-employed
person shall carry out any such work, unless the employer or self-employed
person, as the case may be, is a member of a class of persons approved for the
time being by the Health and Safety Executive for the purposes of this
paragraph.
(4) The
requirements of paragraph (3) above shall not apply in respect of
(a) the replacement of a hose or regulator on a portable or mobile space
heater; or
(b) the replacement of a hose connecting a re-fillable cylinder to installation
pipework.
(5) An
approval given pursuant to paragraph (3) above (and any withdrawal of such
approval) shall be in writing and notice of it shall be given to such persons
and in such manner as the Health and Safety Executive considers appropriate.
(6) The
employer of any person carrying out any work in relation to a gas fitting or gas
storage vessel in the course of his employment shall ensure that such of the
following provisions of these Regulations as impose duties upon that person and
are for the time being in force are complied with by that person.
(7) No
person shall falsely pretend to be a member of a class of persons required to
be approved under paragraph (3) above.
(8)
Notwithstanding sub-paragraph (b) of regulation 2(4), when a person is carrying
out work in premises referred to in that sub-paragraph in relation to a gas fitting
in a vehicle, vessel or caravan
(a) paragraphs (1), (2) and (6) of this regulation shall be complied with as
respects thereto; and
(b) he shall ensure, so far as is reasonably practicable, that the installation
of the gas fittings and flues will not contravene the provisions of these
Regulations when the gas fittings are connected to a gas supply, except that
this paragraph shall not apply where the person has reasonable grounds for
believing that the vehicle, vessel or caravan will be first used for a purpose
which when so used will exclude it from the application of these Regulations by
virtue of sub-paragraphs (a), (c) or (e) of regulation 2(5).
Duty on
employer
4. Where an
employer or a self-employed person requires any work in relation to a gas
fitting to be carried out at any place of work under his control or where an
employer or self-employed person has control to any extent of work in relation
to a gas fitting, he shall take reasonable steps to ensure that the person
undertaking that work is, or is employed by, a member of a class of persons
approved by the Health and Safety Executive under regulation 3(3) above.
Materials
and workmanship
5. - (1) No
person shall install a gas fitting unless every part of it is of good
construction and sound material, of adequate strength and size to secure safety
and of a type appropriate for the gas with which it is to be used.
(2) Without
prejudice to the generality of paragraph (1) above, no person shall install in
a building any pipe or pipe fitting for use in the supply of gas which is
(a) made of lead or lead alloy; or
(b) made of a non-metallic substance unless it is
(i) a pipe connected to a readily
movable gas appliance designed for use without a flue; or
(ii) a pipe entering the building and that part of it within the building is
placed inside a metallic sheath which is so constructed and installed as to
prevent, so far as is reasonably practicable, the escape of gas into the
building if the pipe should fail.
(3) No
person shall carry out any work in relation to a gas fitting or gas storage
vessel otherwise than in accordance with appropriate standards and in such a
way as to prevent danger to any person.
General
safety precautions
6. - (1) No
person shall carry out any work in relation to a gas fitting in such a manner
that gas could be released unless steps are taken to prevent the gas so
released constituting a danger to any person.
(2) No
person carrying out work in relation to a gas fitting shall leave the fitting
unattended unless every incomplete gasway has been sealed with the appropriate
fitting or the gas fitting is otherwise safe.
(3) Any
person who disconnects a gas fitting shall, with the appropriate fitting, seal
off every outlet of every pipe to which it was connected.
(4) No person
carrying out work in relation to a gas fitting which involves exposing gasways
which contain or have contained flammable gas shall smoke or use any source of
ignition in such a manner as may lead to the risk of fire or explosion.
(5) No
person searching for an escape of gas shall use any source of ignition.
(6) Where a
person carries out any work in relation to a gas fitting which might affect the
gas tightness of the gas installation he shall immediately thereafter test the
installation for gas tightness at least as far as the nearest valves upstream
and downstream in the installation.
(7) No
person shall install a gas storage vessel unless the site where it is to be
installed is such as to ensure that the gas storage vessel can be used, filled
or refilled without causing a danger to any person.
(8) No
person shall install in a cellar or basement
(a) a gas storage vessel; or
(b) an appliance fuelled by liquefied petroleum gas which has an automatic
ignition device or a pilot light.
(9) No
person shall intentionally or recklessly interfere with a gas storage vessel or
otherwise do anything which might affect a gas storage vessel so that the
subsequent use of that vessel might cause a danger to any person.
(10) No
person shall store or keep gas consisting wholly or mainly of methane on
domestic premises, and, for the purpose of this paragraph, such gas from time
to time present in pipes or in the fuel tank of any vehicle propelled by gas
shall be deemed not to be so stored or kept.
Protection
against damage
7. - (1) Any
person installing a gas fitting shall ensure that it is properly supported and
so placed or protected as to avoid any undue risk of damage to the fitting.
(2) No
person shall install a gas fitting if he has reason to suspect that foreign
matter may block or otherwise interfere with the safe operation of the fitting
unless he has fitted to the gas inlet of, and any airway in, the fitting a
suitable filter or other suitable protection.
(3) No
person shall install a gas fitting in a position where it is likely to be
exposed to any substance which may corrode gas fittings unless the fitting is
constructed of materials which are inherently resistant to being so corroded or
it is suitably protected against being so corroded.
Existing gas
fittings
8. - (1) No
person shall make any alteration to any premises in which a gas fitting or gas
storage vessel is fitted if that alteration would adversely affect the safety
of the fitting or vessel in such a manner that, if the fitting or the vessel
had been installed after the alteration, there would have been a contravention
of, or failure to comply with, these Regulations.
(2) No
person shall do anything which would affect a gas fitting or any 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, except
that this paragraph does not apply to an alteration to premises.
(3) In
relation to any place of work under his control, an employer or a self-employed
person shall ensure, so far as is reasonably practicable, that the provisions
of paragraphs (1) and (2) above are complied with.
Emergency
controls
9. - (1) No person
shall for the first time enable gas to be supplied for use in any premises
unless there is provided an appropriately sited emergency control to which
there is adequate access.
(2) Any
person installing an emergency control shall ensure that -
(a) any key, lever or hand-wheel of the control is securely attached to the
operating spindle of the control;
(b) any such key or lever is attached so that
(i) the key or lever is parallel to the
axis of the pipe in which the control is installed when the control is in the
open position; and
(ii) where the key or lever is not attached so as to move only horizontally,
gas cannot pass beyond the control when the key or lever has been moved as far
as possible downwards;
(c) either
the means of operating the key or lever is clearly and permanently marked or a
notice in permanent form is prominently displayed near such means so as to
indicate when the control is open and when the control is shut; and
(d) any hand-wheel indicates the direction of opening or closing of the
control.
(3) Where a
person installs an emergency control which is not adjacent to a primary meter,
he shall immediately thereafter prominently display on or near the means of
operating the control a suitably worded notice in permanent form indicating the
procedure to be followed in the event of an escape of gas.
(4) Where
any person first supplies gas to premises where an emergency control is
installed, he shall ensure that the notice required by paragraph
(3) above
remains suitably worded or shall, where necessary, forthwith amend or replace
that notice so as to give effect to the provisions of that paragraph.
(5) This
regulation shall not apply where gas is supplied in a refillable cylinder
except where two or more cylinders are connected by means of an automatic
change-over device.
Maintaining
electrical continuity
10. In any
case where it is necessary to prevent danger, no person shall carry out work in
relation to a gas fitting without using a suitable bond to maintain electrical
continuity until the work is completed and permanent electrical continuity has
been restored.
PART C
METERS AND REGULATORS
Interpretation
of Part C
11. In this
Part
"meter
box" means a receptacle or compartment designed and constructed to contain
a meter with its associated fittings;
"meter
compound" means an area or room designed and constructed to contain one or
more meters with their associated fittings;
"secondary
meter" means a meter, other than a primary meter, for ascertaining the
quantity of gas provided by a person for use by another person.
Meters -
general provisions
12. - (1) No
person shall install a meter in any premises unless the site where it is to be
installed is such as to ensure so far as is reasonably practicable that the
means of escape from those premises in the event of fire is not adversely
affected.
(2) No
person shall install a meter in any premises unless it is of sound construction
adequate to ensure so far as is reasonably practicable that in the event of
fire gas is not able to escape in hazardous quantities, save that this
paragraph shall not apply to any meter installed in non-domestic premises to
which gas is supplied through a readily accessible service valve.
(3) No
person shall install a meter unless the installation is so placed as to ensure
that there is no risk of damage to it from electrical apparatus.
(4) No
person shall install a meter except in a readily accessible position for
inspection and maintenance.
(5) Where a
meter has bosses or side pipes attached to the meter by a soldered joint only,
no person shall make rigid pipe connections to the meter.
(6) Where a
person installs a meter and the pipes and other gas fittings associated with
it, he shall ensure that -
(a) immediately thereafter they are adequately tested to verify that they are
gas tight and examined to verify that they have been installed in accordance
with these Regulations; and
(b) immediately after such testing and examination, purging is carried out
throughout the meter and every other gas fitting through which gas can then
flow so as to remove safely all air and gas other than the gas to be supplied.
Meter
housings
13. - (1)
Where a meter is housed in a meter box or meter compound attached to or built into
the external face of the outside wall of any premises, the meter box or meter
compound shall be so constructed and installed that any gas escaping within the
box or compound cannot enter the premises or any cavity in the wall but must
disperse to the external air.
(2) No
person shall knowingly store readily combustible materials in any meter box or
meter compound.
(3) No
person shall install a meter in a meter box provided with a lock, unless the
consumer has been provided with a suitably labelled key to that lock.
(4) No
person shall install a meter within a meter compound which is capable of being
secured unless the consumer has been provided with a suitably labelled key for
that compound.
Regulators
14. - (1) No
person shall install a primary meter or meter by pass used in connection with a
primary meter unless -
(a) there is a regulator controlling the pressure of gas supplied through the
meter or the by pass, as the case may be, which provides adequate automatic
means for preventing the gas fittings connected to the downstream side of the
regulator from being subjected to a pressure greater than that for which they
were designed;
(b) where the normal pressure of the gas supply is 75 millibars or more at the
inlet to the regulator, there are also adequate automatic means for preventing,
in case the regulator should fail, those gas fittings from being subjected to
such a greater pressure; and
(c) where the regulator contains a relief valve or liquid seal, such valve or
seal is connected to a vent pipe of adequate size and so installed that it is
capable of venting safely.
(2) Without
prejudice to the requirements of paragraph (1), no person shall cause gas to be
supplied from a gas storage vessel (other than a re-fillable cylinder or a
cylinder or cartridge designed to be disposed of when empty) to any service
pipework or gas fitting unless -
(a) there is a regulator installed which controls the nominal operating
pressure of the gas;
(b) there is adequate automatic means for preventing the installation pipework
and gas fittings downstream of the regulator from being subjected to a pressure
different from that for which they were designed; and
(c) there is an adequate alternative automatic means for preventing the service
pipework from being subjected to a greater pressure than that for which it was
designed should the regulator referred to in sub-paragraph (a) above fail.
(3) No
person shall cause gas to be supplied through an installation consisting of one
or more re-fillable cylinders unless the supply of gas passes through a
regulator which controls the nominal operating pressure of the gas.
(4) Without
prejudice to paragraph (3) above, no person shall cause gas to be supplied
through an installation consisting of four or more re-fillable cylinders
connected to an automatic change-over device unless there is an adequate
alternative means for preventing the installation pipework and any gas fitting
downstream of the regulator from being subjected to a greater pressure than
that for which it was designed should the regulator fail.
(5) Where a
person installs a regulator for controlling the pressure of gas through a
primary meter, a meter by pass used in connection with a primary meter or from
a gas storage vessel, or installs a gas appliance itself fitted with a
regulator for controlling the pressure of gas to that appliance, he shall
immediately thereafter ensure, in either case, that the regulator is adequately
sealed so as to prevent its setting from being interfered with without breaking
of the seal.
(6) In
relation to
(a) gas from a distribution main, no person except the transporter or a person
authorised to act on his behalf;
(b) gas from a gas storage vessel, no person except the supplier or a person
authorised to act on his behalf, shall break a seal applied under paragraph (5)
above other than a seal applied to a regulator for controlling the pressure of
gas to the appliance to which that regulator is fitted.
(7) A person
who breaks a seal applied under paragraph (5) shall apply as soon as is
practicable a new seal which is adequate to prevent the setting of the
regulator from being interfered with without breaking such seal.
Meters -
emergency notices
15. - (1) No
person shall supply gas through a primary meter installed after the coming into
force of these Regulations or for the first time supply gas through an existing
primary meter after the coming into force of these Regulations unless he
ensures that a suitably worded notice in permanent form is prominently
displayed on or near the meter indicating the procedure to be followed in the
event of an escape of gas.
(2) Where a
meter is installed or relocated in any premises in either case at a distance of
more than 2 metres from, or out of sight of, the nearest upstream emergency
control in the premises, no person shall supply or provide gas for the first
time through that meter unless he ensures that a suitably worded notice in
permanent form is prominently displayed on or near the meter indicating the
position of that control.
Primary meters
16. - (1) No
person shall install a prepayment meter as a primary meter through which gas
passes to a secondary meter.
(2) Any
person
(a) who first provides gas through any service pipe or service pipework after
the coming into force of these Regulations to more than one primary meter; or
(b) who subsequently makes any modification which affects the number of primary
meters so provided, shall ensure that a notice in permanent form is prominently
displayed on or near each primary meter indicating that more than one primary
meter is provided with gas through that service pipe or service pipework.
(3) Where a
primary meter is removed, the person who last supplied gas through the meter
before removal shall
(a) where the meter is not forthwith re-installed or replaced by another meter
(i) close any service valve which
controlled the supply of gas to that meter and did not control the supply of
gas to any other primary meter; and
(ii) seal the outlet of the emergency control with an appropriate fitting; and
(iii) clearly mark any live gas pipe in the premises in which the meter was
installed to the effect that the pipe contains gas; and
(b) where
the meter has not been re-installed or replaced by another meter before the expiry
of the period of 12 months beginning with the date of removal of the meter and
there is no such service valve as is mentioned in sub-paragraph (a)(i) above,
ensure that the service pipe or service pipework for those premises is
disconnected as near as is reasonably practicable to the main or storage vessel
and that any part of the pipe or pipework which is not removed is sealed at
both ends with the appropriate fitting.
(4) Where a
person proposes to remove a primary meter he shall give sufficient notice of it
to the person supplying gas through the meter to enable him to comply with
paragraph (3).
Secondary
meters
17. - (1)
Any person supplying or permitting the supply of gas through a primary meter to
a secondary meter shall ensure that a line diagram in permanent form is
prominently displayed on or near the primary meter or gas storage vessel and on
or near all emergency controls connected to the primary meter showing the
configuration of all meters, installation pipework and emergency controls.
(2) Any
person who changes the configuration of any meter, installation pipework or
emergency control so that the accuracy of the line diagram referred to in
paragraph (1) is affected shall ensure that the line diagram is amended so as
to show the altered configuration.
PART D
INSTALLATION PIPEWORK
Safe use of
pipes
18. - (1) No
person shall install any installation pipework in any position in which it
cannot be used with safety having regard to the position of other pipes, pipe supports,
drains, sewers, cables, conduits and electrical apparatus and to any parts of
the structure of any premises in which it is installed which might affect its
safe use.
(2) Any
person who connects any installation pipework to a primary meter shall, in any
case where electrical equipotential bonding may be necessary, inform the
responsible person that such bonding should be carried out by a competent
person.
Enclosed
pipes
19. - (1) No
person shall install any part of any installation pipework in a wall or a floor
or standing of solid construction unless it is so constructed and installed as
to be protected against failure caused by the movement of the wall, the floor
or the standing as the case may be.
(2) No
person shall install any installation pipework so as to pass through a wall or
a floor or standing of solid construction (whether or not it contains any
cavity) from one side to the other unless
(a) any part of the pipe within such wall, floor or standing as the case may be
takes the shortest practicable route; and
(b) adequate means are provided to prevent, so far as is reasonably
practicable, any escape of gas from the pipework passing through the wall,
floor or standing from entering any cavity in the wall, floor or standing.
(3) No
person shall, subject to paragraph (4), install any part of any installation
pipework in the cavity of a cavity wall unless the pipe is to pass through the
wall from one side to the other.
(4)
Paragraph (3) shall not apply to the installation of installation pipework
connected to a living flame effect gas fire provided that the pipework in the
cavity is as short as is reasonably practicable, is enclosed in a gas tight
sleeve and sealed at the joint at which the pipework enters the fire; and in
this paragraph a "living flame effect gas fire" means a gas fire
(a) designed to simulate the effect of a solid fuel fire;
(b) designed to operate with a fanned flue system; and
(c) installed within the inner leaf of a cavity wall.
(5) No
person shall install any installation pipework or any service pipework under
the foundations of a building or in the ground under the base of a wall or
footings unless adequate steps are taken to prevent damage to the installation
pipework or service pipework in the event of the movement of those structures
or the ground.
(6) Where
any installation pipework is not itself contained in a ventilated duct, no
person shall install any installation pipework in any shaft, duct or void which
is not adequately ventilated.
Protection
of buildings
20. No
person shall install any installation pipework in a way which would impair the
structure of a building or impair the fire resistance of any part of its
structure.
Clogging
precautions
21. - No
person shall install any installation pipework in which deposition of liquid or
solid matter is likely to occur unless a suitable vessel for the reception of
any deposit which may form is fixed to the pipe in a conspicuous and readily
accessible position and safe means are provided for the removal of the deposit.
Testing and
purging of pipes
22. - (1)
Where a person carries out work in relation to any installation pipework which
might affect the gastightness of any part of it, he shall immediately
thereafter ensure that
(a) that part is adequately tested to verify that it is gastight and examined
to verify that it has been installed in accordance with these Regulations; and
(b) after such testing and examination, any necessary protective coating is
applied to the joints of that part.
(2) Where
gas is being supplied to any premises in which any installation pipework is
installed and a person carries out work in relation to the pipework, he shall
also ensure that
(a) immediately after complying with the provisions of sub-paragraphs (a) and
(b) of paragraph (1) above, purging is carried out throughout all installation
pipework through which gas can then flow so as to remove safely all air and gas
other than the gas to be supplied;
(b) immediately after such purging, if the pipework is not to be put into
immediate use, it is sealed off at every outlet with the appropriate fitting;
(c) if such purging has been carried out through a loosened connection, the
connection is retested for gastightness after it has been retightened; and
(d) every seal fitted after such purging is tested for gastightness.
(3) Where
gas is not being supplied to any premises in which any installation pipework is
installed
(a) no person shall permit gas to pass into the installation pipework unless he
has caused such purging, testing and other work as is specified in
sub-paragraphs (a) to (d) of paragraph (2) above to be carried out;
(b) a person who provides a gas supply to those premises shall, unless he
complies with sub-paragraph (a) above, ensure that the supply is sealed off
with an appropriate fitting.
Marking of
pipes
23. - (1)
Any person installing, elsewhere than in any premises or part of premises used
only as a dwelling or for living accommodation, a part of any installation
pipework which is accessible to inspection shall permanently mark that part in
such a manner that it is readily recognisable as part of a pipe for conveying
gas.
(2) The
responsible person for the premises in which any such part is situated shall
ensure that the part continues to be so recognisable so long as it is used for
conveying gas.
Large
consumers
24. - (1)
Where the service pipe to any building having two or more floors to which gas
is supplied or (whether or not it has more than one floor) a floor having areas
with a separate supply of gas has an internal diameter of 50 mm or more, no
person shall install any incoming installation pipework supplying gas to any of
those floors or areas, as the case may be, unless
(a) a valve is installed in the pipe in a conspicuous and readily accessible
position; and
(b) a line diagram in permanent form is attached to the building in a readily
accessible position as near as practicable to
(i) the primary meter or where there is
no primary meter, the emergency control, or
(ii) the gas storage vessel, indicating the position of all installation
pipework of internal diameter of 25 mm or more, meters, emergency controls,
valves and pressure test points of the gas supply systems in the building.
(2)
Paragraph (1) above shall apply to service pipework as it applies to a service
pipe except that reference therein to "50 mm or more" is to be
reference to "30 mm or more".
(3) In
paragraph (1)(b) above "pressure test point" means a gas fitting to
which a pressure gauge can be connected.
PART E GAS
APPLIANCES
Interpretation
of Part E
25. - In
this Part - "flue pipe" means a pipe forming a flue but does not
include a pipe built as a lining into either a chimney or a gas appliance
ventilation duct;
"operating
pressure", in relation to a gas appliance, means the pressure of gas at
which it is designed to operate.
Gas
appliances - safety precautions
26. - (1) No
person shall install a gas appliance unless it can be used without constituting
a danger to any person.
(2) No
person shall connect a flued domestic gas appliance to the gas supply system
except by a permanently fixed rigid pipe.
(3) No
person shall install a used gas appliance without verifying that it is in a
safe condition for further use.
(4) No
person shall install a gas appliance which does not comply with any enactment
imposing a prohibition or restriction on the supply of such an appliance on
grounds of safety.
(5) No
person carrying out the installation of a gas appliance shall leave it
connected to the gas supply unless
(a) the appliance can be used safely; or
(b) the appliance is sealed off from the gas supply with an appropriate
fitting.
(6) No
person shall install a gas appliance without there being at the inlet to it
means of shutting off the supply of gas to the appliance unless the provision
of such means is not reasonably practicable.
(7) No
person shall carry out any work in relation to a gas appliance which bears an
indication that it conforms to a type approved by any person as complying with
safety standards in such a manner that the appliance ceases to comply with
those standards.
(8) No
person carrying out work in relation to a gas appliance which bears an
indication that it so conforms shall remove or deface the indication.
(9) 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 or, where necessary, both;
(d) its operation so as to ensure its safe functioning, and forthwith take all
reasonable 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 liquefied petroleum gas, the supplier of gas to the
appliance, or, in any other case, the transporter.
(10)
Paragraph (9) shall not apply in respect of
(a) the direct disconnection of the gas supply of a gas appliance; or
(b) the purging of gas or air from an appliance or its associated pipework or
fittings in any case where that purging does not adversely affect the safety of
that appliance, pipe or fitting.
Flues
27. - (1) No
person shall install a gas appliance to any flue unless the flue is suitable
and in a proper condition for the safe operation of the appliance.
(2) No
person shall install a flue pipe so that it enters a brick or masonry chimney
in such a way that the seal between the flue pipe and the chimney cannot be
inspected.
(3) No
person shall connect a gas appliance to a flue which is surrounded by an
enclosure unless that enclosure is so sealed that any spillage of products of
combustion cannot pass from the enclosure to any room or internal space other than
the room or internal space in which the appliance is installed.
(4) No
person shall install a power operated flue system for a gas appliance unless it
safely prevents the operation of the appliance if the draught fails.
(5) No
person shall install a flue other than in a safe position.
Access
28. - No
person shall install a gas appliance except in such a manner that it is readily
accessible for operation, inspection and maintenance.
Manufacturer's
instructions
29. - Any
person who installs a gas appliance shall leave for the use of the owner or
occupier of the premises in which the appliance is installed all instructions
provided by the manufacturer accompanying the appliance.
Room-sealed
appliances
30. - (1) No
person shall install a gas appliance in a room used or intended to be used as a
bathroom or a shower room unless it is a room-sealed appliance.
(2) No
person shall install a gas fire, other gas space heater or a gas water heater
of more than 14 kilowatt gross heat input in a room used or intended to be used
as sleeping accommodation unless the appliance is a room-sealed appliance.
(3) No
person shall install a gas fire, other gas space heater or a gas water heater
of 14 kilowatt gross heat input or less in a room used or intended to be used as
sleeping accommodation and no person shall install an instantaneous water
heater unless (in each case)
(a) it is a room-sealed appliance; or
(b) it incorporates a safety control designed to shut down the appliance before
there is a build up of a dangerous quantity of the products of combustion in
the room concerned.
(4) The
references in paragraphs (1) to (3) to a room used or intended to be used for
the purpose therein referred to includes a reference to
(a) a cupboard or compartment within such a room; or
(b) a cupboard, compartment or space adjacent to such a room if there is an air
vent from the cupboard, compartment or space into such a room.
Suspended
appliances
31. - No
person shall install a suspended gas appliance unless the installation pipework
to which it is connected is so constructed and installed as to be capable of
safety supporting the weight imposed on it and the appliance is designed to be
so supported.
Flue dampers
32. - (1)
Any person who installs an automatic damper to serve a gas appliance shall
(a) ensure that the damper is so interlocked with the gas supply to the burner
that burner operation is prevented in the event of failure of the damper when
not in the open position; and
(b) immediately after installation examine the appliance and the damper to
verify that they can be used together safely without constituting a danger to
any person.
(2) No
person shall install a manually operated damper to serve a domestic gas
appliance.
(3) No
person shall install a domestic gas appliance to a flue which incorporates a
manually operated damper unless the damper is permanently fixed in the open
position.
Testing of
appliances
33. - (1)
Where a person installs a gas appliance at a time when gas is being supplied to
the premises in which the appliance is installed, he shall immediately
thereafter test its connection to the installation pipework to verify that it
is gastight and examine the appliance and the gas fittings and other works for the
supply of gas and any flue or means of ventilation to be used in connection
with the appliance for the purpose of ascertaining whether
(a) the appliance has been installed in accordance with these Regulations;
(b) the operating pressure is as recommended by the manufacturer;
(c) the appliance has been installed with due regard to any manufacturer's
instructions provided to accompany the appliance; and
(d) all gas safety controls are in proper working order.
(2) Where a
person carries out such testing and examination in relation to a gas appliance
and adjustments are necessary to ensure compliance with the requirements
specified in sub-paragraphs (a) to (d) of paragraph (1) above, he shall either
carry out those adjustments or disconnect the appliance from the gas supply or
seal off the appliance from the gas supply with an appropriate fitting.
(3) Where
gas is not being supplied to any premises in which any gas appliance is
installed
(a) no person shall subsequently permit gas to pass into the appliance unless
he has caused such testing, examination and adjustment as is specified in
paragraphs (1) and (2) above to be carried out; and
(b) a person who subsequently provides a gas supply to those premises shall,
unless he complies with sub-paragraph (a) above, ensure that the appliance is
sealed off from the gas supply with an appropriate fitting.
Use of
appliances
34. - (1)
The responsible person for any premises shall not use a gas appliance or permit
a gas appliance to be used if at any time he knows or has reason to suspect
that it cannot be used without constituting a danger to any person.
(2) For the
purposes of paragraph (1) above, the responsible person means the occupier of
the premises, the owner of the premises and any person with authority for the
time being to take appropriate action in relation to any gas fitting therein.
(3) Any
person engaged in carrying out any work in relation to a gas main, service
pipe, service pipework, gas storage vessel or gas fitting who knows or has
reason to suspect that any gas appliance cannot be used without constituting a
danger to any person shall forthwith take all reasonably practicable steps to
inform the responsible person for the premises in which the appliance is
situated and, where different, the owner of the appliance or, where neither is
reasonably practicable, in the case of an appliance supplied with liquefied
petroleum gas, the supplier of gas to the appliance, or, in any other case, the
transporter.
(4) In
paragraph (3) above the expression "work" shall be construed as if,
in the definition of "work" in regulation 2(1) above, every reference
to a gas fitting were a reference to a gas main, service pipe, service
pipework, gas storage vessel or gas fitting.
PART F
MAINTENANCE
Duties of
employers and self-employed persons
35. - It
shall be the duty of every employer or self-employed person to ensure that any
gas appliance, installation pipework or flue installed at any place of work
under his control is maintained in a safe condition so as to prevent risk of
injury to any person.
Duties of
Landlords
36. - (1) In
this regulation - "landlord" means
(a) in England and Wales
(i) where the relevant premises are
occupied under a lease, the person for the time being entitled to the reversion
expectant on that lease or who, apart from any statutory tenancy, would be
entitled to possession of the premises; and
(ii) where the relevant premises are occupied under a licence, the licensor,
save that where the licensor is himself a tenant in respect of those premises,
it means the person referred to in paragraph (i) above;
(b) in
Scotland, the person for the time being entitled to the landlord's interest
under a lease; "lease" means
(a) a lease for a term of less than 7 years; and
(b) a tenancy for a periodic term; and
(c) any statutory tenancy arising out of a lease or tenancy referred to in
sub-paragraphs (a) or (b) above, and in determining whether a lease is one
which falls within sub-paragraph (a) above
(i) in England and Wales, any part of
the term which falls before the grant shall be left out of account and the
lease shall be treated as a lease for a term commencing with the grant;
(ii) a lease which is determinable at the option of the lessor before the
expiration of 7 years from the commencement of the term shall be treated as a
lease for a term of less than 7 years;
(iii) a lease (other than a lease to which sub-paragraph (b) above applies)
shall not be treated as a lease for a term of less than 7 years if it confers
on the lessee an option for renewal for a term which, together with the
original term, amounts to 7 years or more; and
(iv) a "lease" does not include a mortgage term; "relevant gas
fitting" means
(a) any gas appliance (other than an appliance which the tenant is entitled to
remove from the relevant premises) or any installation pipework installed in
any relevant premises; and
(b) any gas appliance or installation pipework which, directy or indirectly,
serves the relevant premises and which either
(i) is installed in any part of premises in which the landlord has an estate or
interest; or
(ii) is owned by the landlord or is under his control, except that it shall not
include any gas appliance or installation pipework exclusively used in a part
of premises occupied for non-residential purposes. "relevant
premises" means premises or any part of premises occupied, whether
exclusively or not, for residential purposes (such occupation being in
consideration of money or money's worth) under
(a) a lease; or
(b) a licence; "statutory tenancy" means
(a) in England and Wales, a statutory
tenancy within the meaning of the Rent Act 1997[6] and the Rent (Agriculture)
Act 1976[7]; and
(b) in Scotland, a statutory tenancy within the meaning of the Rent (Scotland) Act
1984[8], a statutory assured tenancy within the meaning of the Housing
(Scotland) Act 1988[9] or a secure tenancy within the meaning of the Housing
(Scotland) Act 1987[10];
"tenant"
means a person who occupies relevant premises being
(a) in England and Wales
(i) where the relevant premises are so
occupied under a lease, the person for the time being entitled to the term of
that lease; and
(ii) where the relevant premises are so occupied under a licence, the licensee;
(b) in Scotland,
the person for the time being entitled to the tenant's interest under a lease.
(2) Every
landlord shall ensure that there is maintained in a safe condition
(a) any relevant gas fitting; and
(b) any flue which serves any relevant gas fitting, so as to prevent the risk
of injury to any person in lawful occupation or relevant premises.
(3) Without
prejudice to the generality of paragraph (2) above, a landlord shall
(a) ensure that each appliance and flue to which that duty extends is checked
for safety within 12 months of being installed and at intervals of not more
than 12 months since it was last checked for safety (whether such check was
made pursuant to these Regulations or not);
(b) in the case of a lease commencing after the coming into force of these
Regulations, ensure that each appliance and flue to which the duty extends has
been checked for safety within a period of 12 months before the lease commences
or has been or is so checked within 12 months after the appliance or flue has
been installed, whichever is later; and
(c) 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
(i) the date on which the appliance or
flue was checked; (ii) the address of the premises at which the appliance or
flue is installed;
(iii) the name and address of the landlord of the premises (or, where
appropriate, his agent) at which the appliance or flue is installed;
(iv) a description of and the location of each appliance or flue checked; (v)
any defect identified; (vi) any remedial action taken;
(vii) confirmation that the check undertaken complies with the requirements of
paragraph (9) below;
(viii) the name and signature of the individual carrying out the check; and
(ix) 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 these Regulations.
(4) Every
landlord shall ensure that any work in relation to a relevant gas fitting or
any check of a gas appliance or flue carried out pursuant to paragraphs (2) or
(3) above is carried out by, or by an employee of, a member of a class of
persons approved for the time being by the Health and Safety Executive for the
purposes of regulation 3(3) of these Regulations.
(5) The
record referred to in paragraph (3)(c) above, or a copy thereof, shall be made
available upon request and upon reasonable notice for the inspection of any
person in lawful occupation of relevant premises who may be affected by the use
or operation of any appliance to which the record relates.
(6)
Notwithstanding paragraph (5) above, every landlord shall ensure that
(a) a copy of the record made pursuant to the requirements of paragraph (3)(c)
above is given to each existing tenant of premises to which the record relates
within 28 days of the date of the check; and
(b) a copy of the last record made in respect of each appliance or flue is
given to any new tenant of premises to which the record relates before that
tenant occupies those premises save that, in respect of a tenant whose right to
occupy those premises is for a period not exceeding 28 days, a copy of the
record may instead be prominently displayed within those premises.
(7) Where
there is no relevant gas appliance in any room occupied or to be occupied by
the tenant in relevant premises, the landlord may, instead of ensuring that a
copy of the record referred to in paragraph (6) above is given to the tenant,
ensure that there is displayed in a prominent position in the premises (from
such time as a copy would have been required to have been given to the tenant
under that paragraph), a copy of the record with a statement endorsed on it
that the tenant is entitled to have his own copy of the record on request to
the landlord at an address specified in the statement; and on any such request
being made, the landlord shall give to the tenant a copy of the record as soon
as is practicable.
(8) A copy
of the record given to a tenant pursuant to paragraph (6)(b) above need not
contain a copy of the signature of the individual carrying out the check if the
copy of the record contains a statement that another copy containing a copy of
such signature is available for inspection by the tenant on request to the
landlord at an address specified in the statement, and on any such request
being made the landlord shall make such a copy available for inspection as soon
as is practicable.
(9) A safety
check carried out pursuant to paragraph (3) above shall include, but shall not
be limited to, an examination of the matters referred to in sub-paragraphs (a)
to (d) of regulation 26(9) of these Regulations.
(10) Nothing
done or agreed to be done by a tenant of relevant premises or by any other
person in lawful occupation of them in relation to the maintenance or checking
of a relevant gas fitting or flue in the premises (other than one in part of
premises occupied for non-residential purposes) shall be taken into account in
determining whether a landlord has discharged his obligations under this
regulation (except in so far as it relates to access to that gas fitting or
flue for the purposes of such maintenance or checking).
(11) Every
landlord shall ensure that in any room occupied or to be occupied as sleeping
accommodation by a tenant in relevant premises there is not fitted a relevant
gas fitting of a type the installation of which would contravene regulation
30(2) or (3) of these Regulations.
(12)
Paragraph (11) above shall not apply in relation to a room which since before
the coming into force of these Regulations has been occupied or intended to be
occupied as sleeping accommodation.
PART G. -
MISCELLANEOUS
Escape of
gas
37. - (1)
Where any gas escapes from any pipe of a gas supplier or from any pipe, other
gas fitting or gas storage vessel used by a person supplied with gas by a gas
supplier, the supplier of the gas shall, within 12 hours of being so informed
of the escape, prevent the gas escaping (whether by cutting off the supply of
gas to any premises or otherwise).
(2) If the
responsible person for any premises knows or has reason to suspect that gas is
escaping into those premises, he shall immediately take all reasonable steps to
cause the supply of gas to be shut off at such place as may be necessary to
prevent further escape of gas.
(3) If gas
continues to escape into those premises after the supply of gas has been shut
off or when a smell of gas persists, the responsible person for the premises discovering
such escape or smell shall immediately give notice of the escape or smell to
the supplier of the gas.
(4) Where an
escape of gas has been stopped by shutting off the supply, no person shall
cause or permit the supply to be re-opened (other than in the course of repair)
until all necessary steps have been taken to prevent a recurrence of such
escape.
(5) In any
proceedings for an offence under paragraph (1) above it shall be a defence for
the supplier of the gas to prove that it was not reasonably practicable for him
effectually to prevent the gas from escaping within the period of 12 hours
referred to in that paragraph, and that he did effectually prevent the escape
of gas as soon as it was reasonably practicable for him to do so.
(6) Nothing
in paragraphs (1) and (5) above shall prevent the supplier of the gas
appointing another person to act on his behalf to prevent an escape of gas
supplied by that supplier.
(7) Nothing
in paragraphs (1) to (6) above shall apply to an escape of gas from a network
(within the meaning of regulation 2 of the Gas Safety (Management) Regulations
1996[11]) or from a gas fitting supplied with gas from a network.
(8) In this
regulation any reference to an escape of gas from a gas fitting includes a
reference to an escape or emission of carbon monoxide gas resulting from
incomplete combustion of gas in a gas fitting, but, to the extent that this
regulation relates to such an escape or emission of carbon monoxide gas, the
requirements imposed upon a supplier by paragraph (1) above shall, where the
escape or emission is notified to the supplier by the person to whom the gas
has been supplied, be limited to advising that person of the immediate action
to be taken to prevent such escape or emission and the need for the examination
and, where necessary, repair of the fitting by a competent person.
Use of
antifluctuators and valves
38. - (1)
Where a consumer uses gas for the purpose of working or supplying plant which is
liable to produce pressure fluctuation in the gas supply such as to cause any
danger to other consumers, he shall comply with such directions as may be given
to him by the transporter of the gas to prevent such danger.
(2) Where a
consumer intends to use for or in connection with the consumption of gas any
gaseous substance he shall
(a) give to the transporter of the gas at least 14 days notice in writing of
that intention; and
(b) during such use comply with such directions as the transporter may have
given to him to prevent the admission of such substance into the gas supply;
and in this paragraph "gaseous substance" includes compressed air but
does not include any gaseous substance supplied by the transporter.
(3) Where a
direction under paragraphs (1) or (2) above requires the provision of any
device, the consumer shall ensure that the device is adequately maintained.
(4) Any
direction given pursuant to this regulation shall be in writing.
Exception as
to liability
39. No
person shall be guilty of an offence by reason of contravention of regulation
3(2) or (6), 5(1), 7(3), 15, 16(2) or (3), 17(1), 27(5), 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), 33(1), 35 or 36 of
these Regulations in any case in which he can show that he took all reasonable
steps to prevent that contravention.
Exemption
certificates
40. - (1)
Subject to paragraph (2), the Health and Safety Executive may, by a certificate
in writing, exempt any person or class of persons from any requirement or
prohibition imposed by these Regulations, and any such exemption may be granted
subject to conditions and to a limit of time and may be revoked at any time by
a certificate in writing.
(2) The
Health and Safety Executive shall not grant any such exemption unless, having
regard to the circumstances of the case and in particular to
(a) the conditions, if any, which it proposes to attach to the exemption; and
(b) any other requirements imposed by or under any enactment which apply to the
case, it is satisfied that the health and safety of persons likely to be
affected by the exemption, will not be prejudiced in consequence of it.
Revocation
and amendments
41. - (1)
The Gas Safety (Installation and Use) Regulations 1994[12], the Gas Safety
(Installation and Use) (Amendment) Regulations 1996[13] and the Gas Safety
(Installation and Use) (Amendment) (No. 2) Regulations 1996[14] are hereby
revoked.
(2) Schedule
2B to the Gas Act 1986[15] shall be amended as follows
(a) In paragraph 17(1) the words "pressure fluctuation in the
transporter's pipe-line system and any other" and the words "or
danger" shall be deleted;
(b) In paragraph 17(2) after the words "if so required" there shall
be added "other than for the purpose of preventing danger"; and
(c) In paragraph 17(5) and (6) after the words "this paragraph" there
shall be added "or regulation 38 of the Gas Safety (Installation and Use)
Regulations [1998] or directions made thereunder".
Signed by
order of the Secretary of State. Alan Meale Parliamentary Under Secretary of
State,Department of the Environment,Transport and the Regions. 3rd October 1998
EXPLANATORY
NOTE (This note is not part of the Regulations) These Regulations re-enact,
with amendments, the Gas Safety (Installation and Use) Regulations 1994, as
amended by the Gas Safety (Installation and Use)(Amendment) Regulations 1996
and the Gas Safety (Installation and Use)(Amendment)(No 2) Regulations 1996
("the 1994 Regulations"). The 1994 Regulations made provision in
respect of the installation and use of gas fittings for the purpose of
protecting the public from dangers arising from the distribution, supply or use
of gas.
1. In
addition to minor and drafting amendments, these Regulations make the following
changes.
The
Regulations:
(a) limit the application of the Regulations by excluding hydrogen used in
non-domestic premises from the definition of "gas" (regulation 2(1));
(b) add a definition of "appropriate fitting" and amend the
definitions of "installation pipework", "room sealed
appliance", "service pipe" and "work" (regulation
2(1));
(c) are extended to vessels not requiring a national or international load line
certificate when used primarily for domestic or residential purposes
(regulation 2(5)(c)(iii));
(d) are disapplied in respect of control devices on gas appliances in certain
circumstances (regulation 2(6)(c));
(e) are disapplied in part in respect of
(i) the formal training of gas fitters
(regulation 2(7)); and
(ii) the formal assessment of gas fitters for purposes of accreditation
(regulation 2(8));
(f) extend
the duty to ensure the competence of gas fitters to employers and self-employed
persons having control of the work or who require the carrying out of that work
(regulation 3(2));
(g) make
provision for the competence of gas installers and the safe installation of
fittings and flues when carrying out work in a factory in relation to vehicles,
vessels or caravans (regulation 3(8);
(h) extend
to any employer or self-employed person who has a degree of control over work
in relation to a gas fitting the duty to ensure that such work, when carried
out at a place of work, is carried out by an employee of, or self-employed
person who is, a member of an approved class of persons (regulation 4);
(i) restrict
the premises to which alterations are prohibited to those in which a gas
appliance or gas storage vessel is fitted (regulation 8(1));
(j) extend to
cases where a meter is relocated the requirement to display a notice
identifying the nearest upstream emergency control (regulation 15(2));
(k) extend
the duty to provide a notice where there is more than one primary meter to any
person who makes a material modification (regulation 16(2));
(l) require
a line diagram to be displayed and, in specified cases, amended where gas is
provided to a secondary meter (regulation 17);
(m) modify
the requirements in relation to enclosed pipes (regulation 19(2)) and disapply
the prohibition on the installation of pipework in cavity walls in respect of
"living flame effect gas fires" (as defined) (regulation 19(4));
(n) disapply
the requirement for specified safety checks in specified circumstances
(regulation 26(10);
(o) extend
the meaning of "room" for the purposes of regulation 30 (regulation
30(4));
(p) extend
the prohibition on the use of gas appliances to circumstances where they may
constitute a danger to any person (regulation 34(1));
(q) amend the
definition of "relevant gas fitting" for the purpose of regulation 36
(regulation 36(1));
(r) make
further provision with regard to safety checks in rented accommodation
(regulation 36(3)(a) and (b) and to the display and provision of records
(regulation 36(7) and (8));
(s) extend
the duty imposed on suppliers in cases of escape of gas to the escape of carbon
monoxide gas and modify the duty of suppliers in relation thereto (regulation
37(8)). 3. The Regulations also contain new provisions which:
(a) require a person who breaks a regulator seal to apply a new seal
(regulation 14(7));
(b) require the outlet of the emergency control to be sealed when a primary
meter is removed (regulation 16(3)(a)(ii)) and notice to be given to the
supplier when such removal is proposed (regulation 16(4));
(c) prohibit the installation of a flue otherwise than in a safe position
(regulation 27(5));
(d) impose restrictions in relation to the installation of instantaneous water
heaters (regulation 30(3);
(e) extend to flues the employer's duty of maintenance (regulation 35);
(f) provide that specified gas fittings shall not be fitted in specified
accommodation (regulation 36(11) and (12));
(g) impose requirements on consumers of gas in circumstances liable to cause
pressure fluctuation or the introduction of extraneous substances into the gas
supply (regulation 38).
4. The
Regulations revoke the Gas Safety (Installation and Use) Regulations 1994, the
Gas Safety (Installation and Use) (Amendment) Regulations 1996 and the Gas
Safety (Installation and Use) (Amendment) (No. 2) Regulations 1996; the
Regulations make minor amendments to Schedule 2B of the Gas Act 1986
(regulation 41).
5. These
Regulations were notified in draft to the European Commission in accordance
with Directive 83/189/EEC (1983 O.J. L109/8) (as amended).
6. A copy of
the summary cost benefit prepared in respect of these Regulations can be
obtained from the Health and Safety Executive, Economic Adviser's Unit, Rose
Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the
Library of each House of Parliament.