Gas and Carbon Monoxide Safety

Transcription

1 Gas and Carbon Monoxide Safety September 2012 Our mission is to enhance the Life Chances of residents and service users through providing great homes, first class services and working in partnership to build sustainable communities. 1 Scope 1.1 This policy applies to general needs and supported/sheltered housing properties owned or managed by the Group Partners within Circle Housing Group ( we, us ), including communal areas. It also applies to rented housing managed by Circle Support and Circle Living on behalf of Group partners and other third party properties managed by Circle Living. It also applies to all newly built properties which have been handed over by Circle s Development Team. 2 Policy Statement 2.1 As owners and managers of homes, we have a duty of care to ensure that residents and visitors can use the relevant buildings and facilities safely. This extends to mitigating the risks associated with gas, carbon monoxide and oil and solid fuel appliances. 2.2 Keeping residents safe from harm is paramount. There is legislation and regulation relevant to this area which we will comply with to help keep residents safe, which is outlined in Appendix One. Our organisational commitment to health and safety is set out in Circle Housing Group s Health and Safety policy. 3 Background 3.1 There are potentially fatal risks associated with gas appliances, both through leaks of the natural gas itself, which is highly flammable, and carbon monoxide leaks which are potentially fatal. This policy sets out our approach to ensuring the safety of all gas heating installations including boilers, fires and associated pipework. 3.2 We also understand the risks associated with poorly serviced oil and solid fuel appliances and open fires. Therefore, all oil and solid fuel appliances will be covered by a service and maintenance contract and will be serviced on an annual basis in line with gas safety.

2 4 Responsibility for Gas and Carbon Monoxide Safety Delegation of Landlord Duties 4.1 Under the Gas Safety (Installation and Use) Regulations 1998, the individual Registered Provider (RP) has ultimate responsibility for all landlord duties relating to gas and carbon monoxide safety. 4.2 At Circle, the Director of Property Services in each region is responsible for ensuring compliance with this policy, meeting all statutory requirements and delivering our gas safety commitments in their region. Performance of the Landlord duties are delegated by each RP to the regional Director of Property Services. These duties include making sure that gas appliances, fittings and flues provided for tenants are safe and well maintained. They also include ensuring an annual gas safety check is carried out by a Gas Safe registered engineer, records kept of the check, and a copy issued to tenants. The full range of duties is set out in detail in Section 5 below. Agency-Managed Properties 4.3 Where the RP owns properties that are managed outside of the Group, that RP retains ultimate responsibility for gas safety, unless specified otherwise in the lease or management agreement. 4.4 Where Circle Living or Circle Support is the managing agent of the RP s properties, the RP likewise retains ultimate responsibility. 4.5 Where Circle Living manages properties on behalf of external owners, responsibility is set out in the terms of the management agreement. 4.6 We will work with third party landlords (excluding leaseholders) to ensure that annual gas checks are carried out. Where they are not, we will arrange for them to happen by the anniversary date and recharge the landlord. Role of Boards 4.7 It is the role of the Board to proactively seek robust assurance that all health and safety legislation related to gas and carbon monoxide is being complied with, that the risks are identified and managed, with proper controls and assurance reporting in place. The Board is responsible for ensuring their business complies with the Regulator s Home Standard and all consumer protection duties. The Board will receive regular reports on compliance with all gas and carbon monoxide safety requirements. Key Performance Indicators for the percentage of properties with a gas certificate are taken to the relevant Board once a quarter. 5 Our Commitments 5.1 We will ensure that: Adequate installation and upgrade programmes are carried out Gas and Carbon Monoxide Safety Policy: September 2012 Page 2 of 25

3 Annual gas safety (and oil and solid fuel appliances) checks are carried out every 12 months by a Gas Safe registered engineer and appropriate action is taken to gain access where necessary. Our gas appliances, pipe work and flues are repaired and maintained to approved standards (see Repairs policy). Appropriate legal action is taken should residents refuse to provide access for testing and maintenance Contractors are procured and managed appropriately, ensuring that they are qualified and registered to do the work required of them (see Contractor Management and Procurement policies). Detailed records are kept, including a record of the gas safety check for two years and monitor compliance with this. The risks associated with gas, oil and solid fuel appliances, our actions to mitigate them, and their own responsibilities are publicised to residents. This includes highlighting any known safety concerns with appliance installations where appropriate to do so. All relevant staff receive appropriate oil and solid fuel and gas and carbon monoxide safety awareness training. Staff directly involved in the management of gas related activities will receive more in depth training. Performance is monitored on a monthly basis in relation to the percentage of units with a valid gas certificate and the stage that properties without a valid certificate have reached. Staff Responsibilities 5.2 All staff should look out for danger signs from gas appliances as a part of their routine duties and visits to residents homes. See Procedures. Any concerns must be reported immediately. Resident Responsibilities 5.3 The tenancy agreement requires tenants to allow the landlord access to the property for the purposes of annual gas servicing. Residents are responsible for immediately reporting any concerns with gas appliances, and turning them off until they are checked by a Gas Safe registered person. 6 Appliances 6.1 We will, as far as possible, ensure that we are aware of all instances where gas appliances are present in our stock. 6.2 We will inspect cookers and other appliances, pipe work and flues which are installed in market rent, intermediate rent, temporary accommodation and supported housing properties that belong to us. 6.3 Installations by external managing agents are not required to be inspected by the landlord. However, the pipework and any flues remain our responsibility. Gas and Carbon Monoxide Safety Policy: September 2012 Page 3 of 25

4 6.4 We are responsible for all other gas appliances which are fixtures. 6.5 In general, residents are responsible for the safety of cookers or other resident installations and appliances, including portable gas appliances. However, pipework remains our responsibility. 6.6 On inspection, if any installation undertaken by the resident or managing agent is found to be defective then the contractor will terminate the gas supply and make recommendations for required repairs. 6.7 When gas cookers owned by us need replacing, they should be replaced by an electric cooker of similar functional capability, with the gas supply to the cooker point being capped-off permanently. The gas supply pipe will be removed where it is practical to do so. Flame Supervision Devices 6.8 Wherever a new flueless gas appliance (such as a cooker) is installed in a multi occupancy dwelling, it must have a Flame Supervision Device (FSD), which will cut off the gas if it detects that the pilot light goes out. 6.9 Primarily, it is the responsibility of residents to ensure that appliances have FSDs, but where we own such appliances (for example in supported housing or temporary accommodation), we will ensure that the appliances comply with these regulations Contractors note any non-complying cookers on the annual safety check certificate (CP12) and, where relevant, inform the resident of the regulations. Portable LPG Appliances 6.11 Some tenancy agreements prohibit residents from using portable gas appliances and we will not give permission for residents to install any portable LPG appliances (including gas barbeques) in their homes Where they are identified in our properties, we shall ensure that they are removed as a matter of priority and, where appropriate, replaced with alternative fixed appliances. 7 Audit, Compliance and Review 7.1 Because this is such a high-risk area, we will carry out an external audit every two years as a minimum. This will be supported by regular internal audits of gas safety. 7.2 Our internal Asset Risk team continually monitors and tests compliance with procedures. 7.3 The Contracts Manager (Statutory) has responsibility to ensure that contractors are compliant with all relevant health and safety legislation in their region. 7.4 We will manage compliance and keep accurate records, which are stored and updated using the Group-wide database. 7.5 Annual reviews of contractor health and safety procedures as well as regular review of contractor compliance and performance will be carried out. Gas and Carbon Monoxide Safety Policy: September 2012 Page 4 of 25

5 7.6 This policy is reviewed annually, validated externally and updated whenever legislation or regulation changes. 8 Safety Checks 8.1 A valid certificate (a Landlord Gas Safety Record) is issued when a property meets the national safety requirements and is widely known as a CP If a unit (individual or communal) does not have a CP12 and a gas appliance becomes faulty, we could be held responsible for any injuries or fatalities that occur. The courts would consider whether everything reasonable had been done to get access to carry out the check. 8.3 Any issues emerging through the gas safety check will be: rectified at the time of the check, where the contractor is able to do so scheduled for repair according to the appropriate repair timescale, or noted for action as part of upcoming planned maintenance on the property. 8.4 Any gas appliances that fail the safety check will be disconnected from the gas supply and the resident instructed not to use them until they can be repaired or replaced. Repair / replacement will then be prioritised in line with our Repairs Policy. 8.5 A record of all gas safety checks must be kept for two years in an electronic format. Certificates issued will be CP12s, except in specific instances where only one appliance is involved, where a CP4 may be used instead. Safety Checks on Domestic Units 8.6 We will arrange for a registered contractor to carry out an annual gas safety check on each appliance and/or flue that is provided for resident use. Each existing resident will be issued with a copy of the safety certificate within 28 days of it being completed. Safety Checks on Communal Units 8.7 We will arrange to carry out an annual gas safety check on communal installations. A notice relating to gas safety shall be publically displayed at each building served by a communal system to confirm that regular gas safety checks are carried out. A copy of the current certified inspection is available to any resident on request. 8.8 Where we have commercial boilers with over 60 kw heat input, we will ensure they receive two services per year, comprising one major and one minor service. They will also continue to receive the landlord gas safety check annually, usually as part of the major service. Safety Checks for Lettings and Mutual Exchanges 8.9 With the exception of letting a single room in a shared property that does not have any gas appliances, all properties will be inspected and certificated (CP12) before letting New residents will receive a copy of the gas safety certificate before they move in. With mutual exchanges, the officer arranging the signing will ensure this happens. Gas and Carbon Monoxide Safety Policy: September 2012 Page 5 of 25

6 8.11 Any appliances installed by the previous resident will be removed before re-letting. No appliances should be gifted to the incoming resident Gas Safety checks for mutual exchanges will be carried out in accordance with the Mutual Exchange policy. Before an exchange can be completed, it must be established that there is a valid safety certificate for the property. If there is not a valid certificate, a check must be completed before the exchange goes ahead. It is the outgoing resident s responsibility to ensure that if there is not a valid certificate, they allow access to a contractor to carry out the check Where the resident does not allow access for the gas safety check, the standard access procedure will be followed Because the mutual exchange is treated as a new tenancy, it must be ensured that the exchange is not completed until the safety check has been completed. Safety Checks for New Build and Refurbishment 8.15 On new build properties and those undergoing substantial refurbishment or major repairs, a safety check will be required at the point of handover (a maximum of 10 days beforehand), regardless of whether a safety certificate has already been issued. For sales units, the Sales and Marketing team will arrange for the check after completion of the sale and before occupation Circle s Development Team will use the local nominated servicing contractor for these checks rather than the development contractor to allow confirmation of the safety of the installation by a third party. 9 Voids 9.1 When a property which is self-contained and does not share a gas meter becomes void, in all cases it should be arranged for the gas supply to be capped as soon as reasonably practicable following the return of keys (within 24 hours of hand back or the next working day). See Procedures for more information. 10 Repairs and Maintenance of Gas Installations 10.1 Responsive repairs will be carried out in accordance with the timescales set out in our Repairs Policy. Where specified in individual contracts, these timescales may be bettered All repairs will be carried out in accordance with the Repairs Policy. Where major repairs require the removal of a resident, we will follow the Decants Policy Gas Safety Register Technical Bulletin 008 addresses the potential risks of internal flues. For repairs to internal flues, we will work within the timescales set out in this bulletin. It must be ensured that internal flues are checked to ensure that pipework is not damaged and, where appropriate, install inspection hatches no later than 31st December Once inspection hatches have been fitted, the gas engineer will be able to make sure that the flue is safe and installed in line with the relevant standards and manufacturer s instructions. Gas and Carbon Monoxide Safety Policy: September 2012 Page 6 of 25

7 10.4 Planned maintenance is carried out on domestic and commercial installations, including a programme of boiler replacements and central heating improvements. Planned maintenance programmes will be determined annually and will take into account any recommendations from contractors Cyclical maintenance will be carried out in accordance with the manufacturer s instructions for appliances. If these are not available, they will be serviced annually unless advised otherwise by a certified Gas Safe Register installer Where responsive repairs, planned maintenance or issues identified at the annual safety check result in no heating being available in the property, contractors are contractually required to provide sufficient alternative heating arrangements including, where appropriate, temporary water heaters. This can be especially important for vulnerable residents and will normally consist of a minimum of two fan-type heaters. Property Alterations 10.7 A lack of adequate ventilation to open flued appliances may result in a dangerous build up of carbon monoxide or other products of combustion in the atmosphere, which could prove fatal to the occupant Therefore, where alterations are made to properties containing open flued appliances which could affect the airflow in the property, for example through the installation of extractor fans or double glazing, appropriate checks must be carried out after the installation to ensure that the airflow to the appliance remains adequate. Meter Boxes 10.9 Damaged or broken meter boxes are now considered to be in the At Risk category in accordance with the Gas Industry Unsafe Situations Procedure (GIUSP). Therefore, where it is identified that a meter box is either damaged or broken, arrangements must be made for it be either repaired or replaced urgently If a damaged or missing meter box is identified by a Gas Safe Registered operative, they should deal with the situation in line with the Gas Industry Unsafe Situations Procedure (GIUSP). 11 Contract Management 11.1 We will ensure that we have and hold full details of engineers qualifications and accreditations, that they are Gas Safe registered and adequate to certify the relevant work. These details are recorded and updated consistently throughout the Group. We require that all contractors ensure that subcontractors also meet these standards confirmation of this may be sought by the Group at any time All contractors working with oil and solid fuel appliances will also be competent to do so and hold current registrations: HETAS Solid fuel OFTEC Oil Gas and Carbon Monoxide Safety Policy: September 2012 Page 7 of 25

8 11.3 Both the operative and the contractor should be registered with the relevant competency scheme(s) We will ensure that the details of the engineer s academic and professional accreditations are documented, reviewed and checked before making payment We will ensure that our contractors are fully aware of our Health and Safety requirements. It is the responsibility of the contractor to ensure that adequate safety precautions are taken when working on gas appliances and pipework All works on gas appliances and associated pipework must be carried out using installations and appliances designed and installed by qualified and competent persons. Specific Requirements 11.7 In line with relevant gas safety regulations, larger appliances must be room sealed if used in bedrooms and bathrooms, and smaller appliances must have a mechanism to automatically shut them down if dangerous gases build up Where a back boiler / wall-hung system is replaced with a combination boiler, we will ensure that the back boiler / wall-hung system is safely de-commissioned. We will not install a fireplace for an open fire or a focal fire in the remaining cavity. We will not give permission for residents to carry out alterations or improvements in this space as this may affect their safety Current gas safety regulations require a method of shutting the gas supply off unless it is not reasonably practicable to do so. 12 Certification and Quality Control of Works Certification and Notification 12.1 Where relevant for domestic properties, a new safety certificate will be completed following works and passed on to us. This includes but is not limited to: work directly on gas appliances or pipework any repair or building work to a roof, chimney or flue which could cause a blockage where cavity wall insulation, double-glazing, or mechanical extraction are to be installed in properties where an open-flue gas appliance is fitted A copy of the gas safety certificate will be issued to the resident within 28 days. For communal installations, a notice will be posted centrally, indicating that any resident may request a copy of the certificate Installers must notify the Health and Safety Executive s (HSE) preferred provider for gas contractor s registration of the installation and exchange of all gas appliances (Gas Safe Register). They will in turn notify Building Control where appropriate Where residents carry out property alterations and improvements that may affect the safety of gas installations, they are responsible to have appropriate checks Gas and Carbon Monoxide Safety Policy: September 2012 Page 8 of 25

9 carried out and arrange for the new certificate to be passed to us. See the Property Alterations and Improvements Policy. Gas Certification 12.5 The central heating database identifies all individual and communal units owned by Circle, records the type of heating present and states whether or not there is an obligation to service the appliance. The database acts as the definitive version of this information Monthly reports will be generated for designated Senior Managers from the database to identify the number of units with a current valid certificate as a percentage of total stock and the stage that properties without a valid certificate have reached The percentage of units with a valid gas certificate is monitored on a monthly basis via Key Performance Indicator reports. The target is 100%. These are taken once a quarter to the relevant Board, the Group Performance Team, and compared at benchmarking meetings. Auditing of Certificates 12.8 Contractors are responsible to check that certificates have been completed correctly before passing them to on to us. We require them in an electronic format supported by a schedule and they will be checked for accuracy between the certificate and the schedule We will carry out sample checks quarterly on a proportion of all certificates received. Staff members carrying out these checks will be appropriately qualified and experienced. Quality Control of Works Quality of works is generally assessed in three ways: Assessment of works by a suitably experienced and qualified officer at Circle or a nominated consultant Self assessment and quality assurance by the contractor Resident feedback and satisfaction surveys A minimum of 10% of all works should be checked by post inspections. Where this highlights poor performance, we will increase the number of properties postinspected to ensure effective and quality contract delivery. This will usually be achieved by increasing post inspections by increments of 5% or as appropriate Repair performance data is extracted from Orchard or equivalent system on a monthly basis specifically assessing response times. A monthly cumulative summary for the year to date identifies the percentage of jobs completed in and out of target We will utilise an independent contractor to undertake 5% checks on annual servicing across Circle (additionally to the 10% stated in 12.11). These will be post inspection checks and where appropriate this percentage will increase by increments of 5% in cases of poor performance. Gas and Carbon Monoxide Safety Policy: September 2012 Page 9 of 25

10 13 Issues with Access for the Safety Check 13.1 Legislation permits us to enter a tenant s property to view the condition and state of repair in legislation, provided that the occupier is given at least 24 hours written notice It is also a condition of the tenancy agreement that tenants must provide access to their properties for a gas check Most residents allow access for the annual gas check. However, a small minority that do not comply cause danger to themselves, visitors and neighbours. We retain responsibility to ensure that gas safety checks are carried out, even where there are access difficulties In order to gain access, we will begin with a letter to the residents at least nine weeks before the check is due, escalating through to legal proceedings to gain access where necessary. We will keep full and accurate records of their actions at every step. Further detail can be found in Appendix Two We ensure that every effort is made to gain access prior to pursuing legal action. We will regularly consider new and innovative ways to gain access. Where we do seek legal intervention, our preferred first option is the use of injunctions Where specific circumstances suggest this route will not be effective, or after this route has failed, we will consider possession proceedings. Where the home is either prejudicial to health or where it is causing a nuisance, we may also negotiate local agreements with Local Authorities to deal with difficult access cases under the Environmental Protection Act We recognise that there may be a support need, language or format issue, or specific tenancy management reason that causes access difficulties. In these circumstances, where it is reasonably practicable to identify the need, we will try to overcome or resolve the cause of the problem before pursuing legal action Staff members who arrange visits to properties refusing access must have reference to the Customers Who Pose a Risk policy, including arranging for two officers to attend together where necessary. 14 Capping Supplies Where No Access is Given for the Annual Service and Safety Check 14.1 In general, we will not cap the gas supply externally in order to achieve compliance where access for the annual gas service is proving problematic However, in circumstances where there is a strong suspicion that the property has been abandoned, or where a resident has indicated that they will be away from the property for a period and is unable to allow access in good time, it is acceptable to cap the supply externally (in the latter case, with the agreement of the resident.) 14.2 Where a gas supply has been capped for reasons of no access for annual servicing, a competent person should visit the premises at least every four weeks to confirm that the cap is still in place and that the situation has not changed. If the Gas and Carbon Monoxide Safety Policy: September 2012 Page 10 of 25

11 property is considered to be at an increased risk of removal, weekly visits to the premises should be made and documented until access is gained Following the capping of a gas supply to any occupied property or property with a live tenancy, staff must continue to take all reasonable steps in line with this policy to gain entry for the completion of the annual service and safety check. See Procedures for more details. 15 Emergency Plan 15.1 The aim is always to put in place all possible plans and preventative measures to avoid an emergency. However, if an emergency should arise, we will implement the action plan held locally. 16 Other Tenures 16.1 This policy applies to all rented housing stock managed by Circle Living, including those with Intermediate Rent or Market Rent tenure We are not responsible for gas safety in shared ownership or other leasehold properties. The responsibility is that of the homeowner. However, we will remind shared owners and leaseholders annually of the importance of carrying out a gas safety check. For checks we carry out in communal areas, leaseholders will be recharged Individual contracts with managing agents should specify arrangements for meeting gas safety commitments, and should be created in consultation with those responsible for gas safety Temporary accommodation which is procured from private landlords remains our responsibility. We will work with landlords to ensure an annual gas check is carried out Circle Living has a separate procedure detailing how they will achieve their responsibilities with regard to gas safety. Please see the Procedures Section for full details of how we manage gas and carbon monoxide safety. 17 Equality and Diversity 17.1 Circle will treat all customers and staff with fairness and respect. We value diversity and work to promote equality and tackle unlawful discrimination We are committed to helping customers to access information about their homes and services in a way that suits individual needs. Please get in touch with your local provider to discuss this. Gas and Carbon Monoxide Safety Policy: September 2012 Page 11 of 25