2 Gas
Gas Safety and Building Regulations
8. Building Regulations do not apply to the safety
aspect of the installation of gas supply. That is covered by the
Gas Safety (Installation and Use) Regulations 1998[7]and
enforced by the Health and Safety Executive (HSE). Part
J of the Building Regulations applies to the safe combustion of
gas in heat-producing appliances, particularly:
- the adequacy of the air supply
to allow efficient and safe combustion;
- the safe discharge of the products
of combustion i.e. such that the occupants are protected from
internal discharge, the potential of burns from flues or the risk
of fire from hot flues in contact with building elements; and
- the provision of information
to building owners on safe operation and maintenance needs.[8]
9. There is, however, a wider overlap between
the HSE regime and Building Control. The installation of a fixed
heat-producing appliance, using gas as a fuel, is defined as "Building
Work", and thus subject to Building Regulations, for which
the Department for Communities and Local Government (DCLG) has
responsibility. Paul Everall, from Local Authority Building Control,
told us that a body such as his, representing building control
management across local authorities, found that dealing with two
government departments "can bring added complications in
trying to find solutions".[9]
This complication was also highlighted by Simon Ayers, from Gas
Safe Register: while describing the Gas Safety (Installation and
Use) Regulations as "proportionate and fair",[10]
he said that gas engineers and installers sometimes did not realise
that they had also to comply with a broader set of requirements,
as specified in the Building Regulations. He suggested that confusion
and misunderstanding was common by engineers,[11]
and it appears to us that this was likely to be much more widespread
among householders, who under current arrangements, have liability
and responsibility for the safety of domestic installations.
LIABILITY OF HOUSEHOLDERS
10. There is overlap between the HSE regime and
Building Control, which ensures that the Building Regulations
are being followed. This overlap also covers liability: the householder
is not liable for work covering the safety aspect of the
installation of gas supply, which is covered by the Gas Safety
(Installation and Use) Regulations 1998;[12]
the householder is liable for work that is covered by Part
J of the Building Regulations and under the Building Act 1984
.[13] As we said, many
engineers do not realise that they have to comply with two sets
of requirements, let alone homeowners. Chris Yates, from the Heating
and Hotwater Industry Council, drew attention to the problem of
consumers' lack of understanding of this highly technical area:
Most householders do not really appreciate what the
heating system is about; they will not know who the boiler manufacturer
is. They might know who the energy supplier is but they will not
have much of an appreciation of the heating system, so the emphasis
is probably more on the trade to communicate that. When it comes
to replacing appliances, in 90% of cases that is dictated by the
installer. There is a huge amount of responsibility on the installer,
but the fact is that the consumer trusts the individual.[14]
11. This lack of public awareness can allow the
proliferation of unscrupulous contractors who leave faulty work
unchecked. The Gas Safe Register, the official gas registration
body for the United Kingdom, stated that:
The responsibility for Building Regulation compliance
rests with the property owner but many property owners will take
advice from practising businesses as to the requirement to comply
with legislation. The risk in relation to compliance will depend
on the knowledge and business ethics of the practising business
and does not ensure the completion of an installation that meets
the required standards.[15]
12. Under the legislation, the
ultimate responsibility for Building Regulation compliance rests
with the building owner as the procurer of the work, even though
in reality they rely on those carrying out the work to advise
them adequately. During the evidence sessions, we raised the possibility
of removing liability from the householder. We accept that such
a step would remove a key component from the system of compliance
and would set gas and electrical work at odds with the rest of
the building control regime. But the operation of the current
arrangements is unsatisfactory. In order to work properly, householders
must become aware of their responsibilities. Much of our evidence
pointed out that, in order to protect homeowners adequately from
those who would mislead them (and who are also most likely to
fail technically), much more needs to be done to raise the public
level awareness of homeowners' obligations, and where independent
advice can be gained. The Government needs to be far more proactive—working
with the gas industry, DIY shops, planning authorities—in
promoting a campaign of awareness about gas safety and houseowners'
liabilities and responsibilities. We recommend that, in responding
to this Report, the Government sets out a programme of measures
to raise awareness and that in two years it provides us with a
memorandum estimating the effectiveness of the measures.
COMPLIANCE
13. By law, all gas engineers must be on the
Gas Safe Register.[16]
The Gas Safe Register replaced CORGI as the gas registration body
in Great Britain. The Gas Safety (Installation and Use) Regulations
1998 require membership of the Gas Safe scheme for 'paid for'
installation of gas supply. Gas Safe has also been granted Competent
Person Scheme[17] status
for self-certification under the Building Regulations.[18]
14. However, statistics from the Association
of Registered Gas Installers highlighted that, at the last gas
safety review, at least 50% of all gas work carried out in the
United Kingdom was considered to be illegal in that, at the very
least, it was not notified to any relevant body.[19]
The Heating and Hotwater Industry Council explained that the current
Building Regulations were not being implemented properly:
Gas Safe Register data suggests that 250,000 gas
installations are carried out every year by individuals who are
not part of a Competent Persons Scheme. Our view is that compliance
with the regulations needs to be more closely monitored to start
overcoming this problem of non-competent engineers being involved
with installations.[20]
The Government is alert to the issue and the Minister
told us that the current consultation exercise included an examination
of the issue of compliance and that "we are working closely
with colleagues in the HSE to see if there is any change that
is needed on that front".[21]
15. We welcome the fact that
the Government's current consultative exercise includes the strengthening
of enforcement under the Building Regulations, and that the Government
is working closely with the HSE to examine if there are ways to
address the problem of non-compliant engineers working on gas
installations. The level of failure to meet the requirements of
the regulatory regime is worrying. It must follow that more stringent
enforcement of requirements will reduce illegal and potentially
unsafe works being carried out. We recommend that the Government
produces a programme of measures to strengthen enforcement of
the regulatory regime, and that it provides us with a memorandum
in two years' time, with statistical details showing any improvement
or otherwise in compliance on gas installations.
Carbon monoxide alarms
16. Part J of the Building Regulations covers
the risk of carbon monoxide (CO) poisoning from faulty or malfunctioning
heat producing systems. Since 2010, the Building Regulations have
required a carbon monoxide alarm to be fitted where there is a
solid fuel appliance installed. Dr Walker, an expert in carbon
monoxide poisoning, described the most likely source of carbon
monoxide cases of exposure, as being through:
the incomplete combustion of carbon-containing fuels.
Such fuels include gas used for cooking and heating (usually methane,
propane or butane, either bottled or mains-supplied), fuel oil
(sometimes referred to as kerosene), paraffin, coal, charcoal,
wood, paper, petrol and diesel. Essentially anything used to provide
heat for cooking or home heating, to heat water, or to power an
engine can produce CO.[22]
He cited statistics on the number of people affected
by carbon monoxide poisoning in the home:
Current figures suggest that in the UK, annually,
there are some 50 deaths and around 4,000 recognised hospital
attendances resulting from CO exposure. Lethal outcomes are sometimes
the result of a single, acute episode of exposure to high concentrations
of CO. Sometimes there has been chronic, undiagnosed or misdiagnosed
exposure in the weeks, months or years leading up to the fatal
episode. In other cases, people are poisoned at so-called 'low
levels' over a prolonged period of time, but not so severely poisoned
as to be killed before a diagnosis is finally established.[23]
The Gas Industry Safety Group (GISG) also quoted
the above figures—from the Department of Health—on
carbon monoxide poisoning in the home, but added that "it
is believed that the actual number of injuries and fatalities
are much higher".[24]
Evidence from CO-Gas Safety supported this view: "As there
is no automatic testing on dead bodies for CO, it is impossible
to ascertain the true number of deaths from CO".[25]
The HSE Divisional Director, Peter Brown, said that there have
been improvements in gas safety:
One set of figures that to me demonstrates improvements
is that, in the late 1990s, there were approximately 30 deaths
a year from CO poisoning from mains gas. That has fallen to about
half that level over the last 20 years. Certainly in the last
five years, we have seen 12 to 15 deaths.[26]
17. However, the dataset is small, which, although
tragic for those suffering loss or injury, makes it difficult
to determine trends. We attach weight to the HSE's view that the
trend over the past 20 years is down. It is likely that better
appliances and installations, and the installation of more carbon
monoxide alarms and their better installation and maintenance
underpins this trend. The question we therefore asked was whether
the requirement to install carbon monoxide alarms should be extended
by a revision to the Building Regulations.
18. Our written and oral submissions were overwhelmingly
in favour of carbon monoxide alarms being fitted in dwellings.[27]
The Gas Safety Trust said that the current DCLG consultation provided
an opportunity "for improvements to Part J so that carbon
monoxide detectors and alarms are installed or where necessary
replaced whenever notifiable work is carried out".[28]
GISG recommended that Part J of the building regulations should
be revised "to require audible carbon monoxide alarms to
be fitted in any dwelling where a heating appliance is installed
in new-build properties or retrospectively fitted".[29]
Chris Bielby, from the Gas Safety Trust, told us:
If it was the same as smoke alarms at 84%, the accident
rate comes down quickly and dramatically. At the moment, between
12% and 15% of properties have carbon monoxide alarms.[30]
19. However, the Government's current consultation
does not include any proposed changes to Part J of the Building
Regulations. The document outlining DCLG's work programme on changes
to the Building Regulations made the following point about Part
J, and highlighted the results of responses from the initial consultation
of 2010:
There were 11 responses that mentioned Part J. The
only significant comments related to the scope of the new regime.
In particular there was concern that the provision of carbon monoxide
alarms was limited to homes with solid fuel heat sources. Given
we consulted widely on changes introduced in October 2010, and
that no evidence has been provided as to why the costs and benefits
contained in the recent Impact Assessment should be revised, the
Department will not be taking forward any further work on Part
J at this time.[31]
20. The Minister, Mr Stunell, told us that it
was a question of proportionality, and that the figures for carbon
monoxide deaths did not justify extra regulation:
The current building regulations require CO detectors
where there are solid fuel appliances. Solid fuel appliances are
about 10 times more likely than gas to generate CO emissions when
they should not do. It is a question of proportionality in terms
of the risk or the threat that there is of CO poisoning, and making
sure that we have a proportional regime.[32]
21. We questioned whether this approach squared
with the view expressed by Gregory Barker MP, the Minister of
State at the Department of Energy and Climate Change (DECC), who
said there should be a requirement to test for carbon monoxide
and, if necessary, to fit a carbon monoxide alarm, as part of
the Green Deal initiative. In a letter to Barry Sheerman MP, he
wrote:
The New Green Deal installer standard being developed
by BSU will include a requirement that all installers must assess
the impact of their work on the air tightness of the property
and any associated increase in risks of CO poisoning that might
occur as a result. If there is any increase, installers will be
required to fit a CO monitor. They will also be required to check
properties where there is an existing monitor to ensure it is
fully working.[33]
22. In response, Mr Stunell said that he was
"not aware of that"; he stated it was a matter for the
DECC to decide whether to impose such a requirement as a condition
of delivering a grant, but that did not make it a regulatory requirement.[34]
In supplementary evidence, Mr. Stunell quoted the DECC Green Deal
installer standard (PAS 2030) published in February 2012:
5.2.2 Safety alarms. Where carbon monoxide
(CO) or other safety alarm(s) have already been installed at the
designated location, the surveyor shall ascertain whether or not
they are operational and report the outcome in the survey record.
Where the energy efficiency measure to be installed requires the
installation of safety monitoring as part of the specification
the surveyor shall assess whether or not any pre-existing alarms
will be sufficient for the new installation.[35]
He explained that "as such, a carbon monoxide
alarm would only need to be provided where the energy efficiency
measure to be installed is one where such an alarm is necessary,
ie where they are required to satisfy the Part J Building Regulations
for solid fuel installations".[36]
23. There seems to be a degree of uncertainty
over whether DECC is imposing a requirement of a carbon monoxide
alarm as a condition of delivering a grant, or whether DECC is
simply adhering to Part J of the Building Regulations for solid
fuel installations. While Peter Brown, from the HSE, recommended
that carbon monoxide alarms be fitted, he added that the HSE's:
focus is primarily on getting people to install their
appliances professionally and service them regularly to take the
problem out at source. CO alarms are very useful, but it is much
better to ensure that there will not be a leak in the first place,
through using professionals to install and maintain gas appliances.[37]
The All Party Parliamentary Gas Safe Group in its
representations made the point, however, that new appliances can
break down at any time, and recommended the installation of new
EN 50291-compliant carbon monoxide alarms for all new-build housing.[38]
24. Carbon monoxide alarms can
make a significant difference to safety in the home, by the early
detection of the odourless, invisible and potentially lethal fumes
of carbon monoxide. The Government has already agreed that the
new Green Deal will include a requirement that all installers
must assess the impact of their work on the air tightness of the
property, and any associated increase in risks of carbon monoxide
poisoning that might occur as a result. Where there is an increase
in risk of poisoning, the Government has agreed that installers
will have to fit a carbon monoxide alarm, and will have to check
that existing carbon monoxide monitors are in working order. We
welcome the inclusion of carbon monoxide alarms in the Green Deal
standard. Confusion between government departments, particularly
in respect of public safety issues, is unacceptable and we conclude
that the Government needs a comprehensive policy. We recommend
that Part J should go even further and require audible, wired-up
EN 50291-compliant carbon monoxide alarms to be fitted wherever
a relevant heating appliance is installed in any new-build or
existing homes.
Public awareness of gas installation
and safety issues
25. Simon Ayers, from Gas Safe Register, told
us of the publicity work that the Register supported, and of the
work of the Gas Safe charity.[39]
Chris Bielby, from the Gas Safety Trust, also said that:
In 2007, Ofgem in its supplier licence review, made
sure that each year any energy retailer gave information on the
safety of gas and carbon monoxide.[40]
We welcome this work, as many members of the public
are, understandably, unaware of the complicated regulatory framework
for gas installation and do not know how to check whether the
installer has carried out the work safely and satisfactorily.
The presumption is that members of the public will use a Competent
Person, but many do not, which puts them, their neighbours (due
to the fire risk for neighbouring properties) and future owners
of their property in danger.
26. The All Party Parliamentary Gas Safety Group
highlighted the need for better public awareness of carbon monoxide
poisoning, through initiatives and joint working between various
industry organisations:
Campaigns run by the Gas Safe Register and CO Be
Alarmed are good examples of initiatives that are making inroads
in this area, but there are other ways in which the message can
be reinforced. One example is the trial currently being undertaken
by Merseyside Fire and Rescue Service, who are including a test
for carbon monoxide as part of their home fire safety checks.[41]
27. We recommend that the Government
co-ordinate a concerted effort by the various industry organisations
to continue to raise public awareness of carbon monoxide poisoning,
to be overseen by the Government. Too little is still known by
householders about the danger of carbon monoxide in the home,
and the greater the number of households that have carbon monoxide
alarms, the less the risk of death or injury through carbon monoxide
poisoning.
28. Householders need to be
more aware of current legislation surrounding the installation
of gas appliances, and the fact that they are liable for the consequences
of not using certified engineers. We recommend that there be a
major publicity campaign, involving all relevant bodies—including
the Government, local authorities and the gas industry—to
ensure that householders know the legal and safety consequences
of not choosing a Gas Safe engineer.
7 SI 1998/2451 Back
8
www/planningportal.gov.uk/buildingregulations/approveddocuments/partj/approved Back
9
Q 53 Back
10
As above Back
11
As above Back
12
SI 1998/2451 Back
13
Building Act 1984, ss 35 and 36 Back
14
Q 53 Back
15
Ev 40 Back
16
Ev 54 [DCLG], para 12 Back
17
Competent Person Schemes (CPS) were introduced by the Government
to allow individuals and enterprises to self-certify that their
work complied with the Building Regulations, as an alternative
to submitting a Building Notice or using an approved inspector.
Back
18
It is compulsory for electricians to register under the Gas Safe
Competent Person Scheme. Back
19
Ev w8 Back
20
Ev 44 Back
21
Q 129 Back
22
Ev w18 Back
23
As above Back
24
Ev 44 Back
25
Ev w23 Back
26
Q 136; see annex 2 for HSE figures, sent in supplementary evidence. Back
27
For example: Ev w16 [All Party Parliamentary Gas Safe Group];
Ev w17 [Council of Gas Detection and Environmental Monitoring];
Ev w18 [Dr E Walker]; Ev w23 [CO-Gas Safety] Back
28
Ev 43 Back
29
Ev 44 Back
30
Q 76 Back
31
DCLG, Future changes to the Building Regulations - next steps,
December 2010, para 2.40 Back
32
Q 156 Back
33
Letter from Gregory Barker MP to Barry Sheerman MP, June 2011
(not published) Back
34
Q 158 Back
35
Ev 55 Back
36
As above Back
37
Q 159 Back
38
Ev w16 Back
39
Q 76 Back
40
As above Back
41
The All Party Parliamentary Gas Safety Group, Preventing Carbon
monoxide Poisoning , p 31 Back
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