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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
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