Press releases GNN/YH/584/07 7 December 2007 Landlords reminded of their duties to maintain and service gas appliances under Health and Safety law The Health and Safety Executive (HSE) has today warned landlords that are required by law to have their tenants' gas appliances and flues maintained and annual safety checks carried out by a CORGI registered gas installer. The warning follows the sentencing today at Grimsby Crown Court, of Lea Fields, a Grimsby landlady, who ignored an improvement notice served on her by HSE, despite receiving warnings of the possible consequences if she failed to comply. The improvement notice required that she arrange for a CORGI registered gas installer to carry out safety checks of the gas appliances and flues within a rental property at Barcroft Street, Grimsby. Despite the notice, the appliances and flues were not checked to ensure they were safe to use. Following the hearing, HSE Inspector Chris Chambers said: "Landlords can't hide their heads in the sand when it comes to gas safety. It's their legal duty to ensure that all gas appliances and flues are maintained in a safe condition and are checked for safety at least once a year by a CORGI registered gas installer. Landlords who fail to do so put lives at risk and may end up with a substantial fine or even imprisonment." Following an inspection by a CORGI Inspector called in by HSE, the gas fire and flue in the lounge were found to be unsafe. There was evidence that fumes had been leaking into the lounge and the flue to the fire was found to be leaking fumes into other flues at the property. The gas fire was made safe by the CORGI Inspector who disconnected it from the mains gas supply. Lea Fields was sentenced to 200 hours community service, and ordered to pay costs of £500 after pleading guilty to breaches of Section 33 (1)(g) of the Health and Safety at Work etc. Act 1974 and Regulations 36(2) and 36(3) of Gas Safety (Installation and Use) Regulations 1998. Last year research commissioned by the HSE as a part of its wider gas safety review revealed that 45% of households were unaware of the dangers of CO poisoning from gas appliances, which killed 16 people in 2005/06. Notes to editors: 1. Section 36(2) of Gas Safety (Installation and Use) Regulations 1998 states: "Every landlord shall ensure that there is maintained in a safe condition - 1. any relevant gas fitting; and 2. any flue which serves any relevant gas fitting, So as to prevent the risk of injury to any person in lawful occupation of relevant premises." 2. Section 36(3) of the Gas Safety (Installation and Use) Regulations 1998 states: "Without prejudice to the generality of paragraph 2 above, a landlord shall - 1. 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); 2. in the case of a lease commencing after the coming to 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; 3. ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information - 1. the date on which the appliance or flue was checked; 2. the address of the premises at which the appliance or flue is installed; 3. the name and address of the landlord of the premises (or, where appropriate, his agent) at which the appliance or flue is installed; 4. a description of and the location or each appliance of flue checked; 5. any defect identified; 6. any remedial action taken; 7. confirmation that the check undertaken complies with the requirements of paragraph (9) below; 8. the name and signature of the individual carrying out the check; and 9. the registration number 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. 3. Note: Paragraph (9) states that any safety check of each gas appliance or flue shall include, but not be limited to, an examination of (i) the effectiveness of any flue; (ii) the supply of combustion air; (iii) its operating pressure or heat input or, where necessary, both; and (iv) its operation to ensure its safe functioning. The Council for Registered Gas Installers (CORGI) is the only body which is approved by the Executive for the purposes of these Regulations. 4. Section 33 (1) (g) of the Health and Safety at Work etc Act 1974 states: "It is an offence for a person to.... contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal)." 5. Further information on gas safety can be found at www.hse.gov.uk/gas
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