| |
1998 No. 2451
HEALTH AND SAFETY
The Gas Safety (Installation and Use) Regulations 1998
The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (4)(a), (5), (6)(b) and 82(3)(a) of, and paragraphs 1(1), (2) and (3), 4(1), 12, 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974[1] ("the 1974 Act") and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations: -
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 permises 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.
Notes:
[1]
1974 c.37; section 1(1) was extended by section 2(1) of the Offshore Safety Act 1992 (c.15), and sections 15 and 50 were amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraphs 6 and 16 respectively.back
[2]
1986 c.44.back
[3]
1954 c.70.back
[4]
1961 c.34.back
[5]
S.I. 1994/3140; regulation 2(1) was amended by S.I. 1996/1513.back
© Crown copyright 1998
| |