Here you go lads
Sheesh the things i do for you
Regulation 36 - duties of landlords
52 In this Regulation:
(1) the definition of 'relevant gas fitting' has been amended to remove any gas appliance or installation pipework exclusively used in parts of premises occupied for non-residential purposes. For instance, any appliance used exclusively to service parts of premises, such as a gas fire used solely to heat the lounge of a public house that has upstairs residential accommodation for the tenant manager, would not be a 'relevant gas fitting' (but any in the residential parts would be), and;
(2) provision has been made to deal with these sort of appliances/installation pipework exclusively serving non-residential parts (reg 36(10)) to allow landlords and tenants to enter into legal agreements about who should be responsible for the maintenance/safety check duties in respect of them (cf HSW Act s.4(3)).
(3) two previous loopholes have been addressed to preserve a 12-month (maximum) period between safety checks, as follows:
(a) reg 36(3)(a) makes it clear that a safety check is required at intervals of not more than 12 months since the last check has been made (whether or not the check was made pursuant to the (new) Regulations or not), to ensure that the '12 month safety check clock' is kept running between the last check made under the 1994 regulations (as amended) and the first one made under GSIUR 98. Landlords should not be able to claim that any 'relevant appliance' in premises let to tenants after 31 October 1998, does not need to be subject to its next safety check until 12 months after the new lease commences, and;
(b) after 31 October 1998, whenever a lease is commenced, or terminated and renewed, whether with an existing or new tenant, reg 36(3)(b) requires landlords to ensure that a safety check has been carried out on any 'relevant appliance' within the 12 month period before any new lease commences, or within 12 months of any new appliance and associated flue having been installed in the premises to be leased, whichever is the later.
(4) an option is provided (reg 36(7)) for landlords to display a central copy of the safety check record in the case of gas appliances not directly installed in tenant's accommodation, eg a central heating boiler serving multi-occupancy premises such as a student hall of residence, provided that this centrally posted record makes it clear, that copies can be individually obtained by tenants on request, and gives details of how to obtain one. In the case of appliances installed in tenants' accommodation, eg gas fires in bed-sits, landlords will still need to provide tenants with copies of safety check records;
(5) a further option is provided (reg 36(8)) to allow an unsigned copy of the safety check record to be issued at the start of a new tenancy, to allow computerised records of safety checks to be kept by landlords, without them bearing the actual signature of the CORGI-registered installers that have carried them out. However, a signed copy must be made available for inspection by the tenant on request to a named address, and the unsigned, computerised, copy must make this clear;
(6) a new duty (reg 36(11)-(12)) is placed on landlords to ensure that in any room occupied or intended to be occupied by a tenant as sleeping accommodation there are no gas fittings that would contravene reg 30(2) or (3). For instance, this will require the removal of any gas appliances installed in a room converted into sleeping accommodation by landlords after 31 October 1998 that are not either room-sealed or fitted with a suitable safety (vitiation) device (depending on their heat input), and their replacement with complying appliances, or other alternative ones that are not gas-fuelled. This provision does not apply retrospectively, and covers only room conversions made by landlords on or after 31 October 1998.
Regulation 37 - escape of gas
53 Existing duties, eg on gas suppliers and responsible persons, to take action in case of an escape of fuel gas (eg LPG) are extended to cover an escape or emission of carbon monoxide from incomplete combustion of gas in a gas fitting (reg 37(8)). However, the duty of the gas supplier to respond (reg 37(1)) is restricted in case of such escapes/emissions, to advising the caller of the immediate action to prevent the escape/emission (eg isolation of the gas supply to gas appliance(s) concerned), and on the need for examination/repair of defective appliance(s) by a competent person.
Regulation 38 - antifluctuators and valves
54 Duties (eg concerning compliance with directions of the gas transporter) are imposed on consumers of gas in situations where:
(1) they use gas to work or supply plant liable to cause dangerous pressure fluctuation in the gas supply (reg 38(1)); or
(2) intend to use any gaseous substance (eg air) for or in connection with the consumption of gas (reg 38(2)).
These provisions were transferred to GSIUR from Schedule 2B of the Gas Act 1986 (as inserted by the Gas Act 1995).
55 In practice, this provision is likely to affect only certain industrial/commercial premises subject to GSIUR 98, where connections, eg compressed air or LPG ones, might be made to gas distribution systems with safety implications for local gas distribution systems.
Regulation 39 - exception as to liability
56 Previous application of the 'reasonable steps' defence afforded by reg 39 (previously reg 37) has been largely retained, but has been extended to the new duty concerning the safe location of flues (reg 27(5)).
57 Although the current application of this defence provision to reg 30 duties has been retained, this has been limited to the prohibitions on gas fires and other gas space heaters or gas water heaters of more than 14 kW gross heat input. It has not been extended to cover the new, general, prohibition on the installation of certain instantaneous water heaters after 31 October 1998 (reg 30(3)); and this is a new, absolute, duty.
EFFECTS FOR FUTURE ENFORCEMENT
58 Apart from the consolidation of previous 1994 gas safety regulations and the 2 sets of 1996 amending regulations within GSIUR 98, the new changes should have a very limited effect for gas safety enforcement. However, inspectors should note, in particular, the new general prohibition on the installation of any instantaneous water heater that is not either room-sealed or fitted with a safety device such as an atmosphere sensing device (reg 30(3), and the strengthening of the duties on landlords to cater for any new lets after 31 October 1998 (reg 30(3)(a) and (b)); the changes made to alterations to 'any premises' (reg 8(1)), and the new duty on the safe location of flues (reg 27(5)).
FURTHER INFORMATION
59 The following leaflets are available from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS. Tel: 01787 881165, Fax: 01787 313 995.
A guide to landlord's duties: Gas Safety (Installation and Use) Regulations 1998. INDG285 (INDIC versions also available).
Gas appliances- Get them checked keep them safe. INDG238 (rev1).
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Could be wrong but does Reg 36 say that a landlord should undertake a LLSC on a new lease?
sorry I have no idea whay the above bit is in bold???
