County Durham Housing Group

Gas and Solid Fuel Policy

Version Author Date Review date Comments/amendments

Contents of Policy 1. Introduction

2. Aims of the policy

3. Definitions

4. Scope

5. Legislation

6. Statement of General Policy

7. Inclusive Services

8. Value for Money

9. Monitoring and Review

10. Performance

11. Customer Complaints

1. Introduction 1.1 This group policy, which supersedes the existing subsidiary gas policies, will

ensure that, to continue to satisfy their legal responsibilities, must be complied with by County Durham Housing Group (CDHG), Dale & Valley Homes (DVH), Durham City Homes (DCH), East Durham Homes (EDH) (hereinafter referred to as the “Landlord”) staff and any gas or solid fuel contractors employed to carry out duties with respect to the installation and use of gas and solid fuel appliances at premises under the management of the Landlord.

1.2 The Landlord is committed to ensuring the safety of its residents, staff and

others who may be affected by its gas and solid fuel appliances installed in properties that it owns or manages and is responsible for the maintenance and service of the appliances. The Landlord will maintain every gas and solid fuel appliance it owns in a safe condition, undertake an annual safety check and reassure its tenants of the safety of the appliance(s).

1.3 Tenants are responsible for allowing access for the safety check and for

reporting immediately any concerns with gas and solid fuel appliances, and turning them off until they are checked by a competent person.

1.4 Most of the tenants do allow access for the safety check to be carried but a

small minority do not comply and are potentially causing danger to themselves, visitors and neighbours. This policy provides a clear framework for ensuring that the Landlord can obtain access to carry out the safety check.

2. Aims of the policy

2.1 This Gas and Solid Fuel Safety Policy aims to achieve the following outcomes:

• Fulfil the Landlords statutory, contractual and regulatory requirements; • To set out the legal obligation imposed upon the Landlord in connection

with gas appliances within the properties owned by them; • To set out the obligations which the landlord owes to the tenants of such

properties and others.

• All homes will have a valid safety certificate;

• All action is taken in a timely manner;

• The gas and solid fuel safety appliance service is customer focused;

• Provide a safe environment for our customers; • Achieve excellent standards of customer care and satisfaction and to

agree with our customers and follow service standards;

• To ensure that all persons who are involved with the installation,

inspection and servicing of gas and solid fuel appliances are properly trained and accredited;

• Provide a service that recognises the diversity of our customers as well as

being inclusive and respectful. 3. Definitions

3.1 For the purpose of this policy the following terms will mean:

“So Far as Is Reasonably Practicable” this involves weighing a risk against the trouble, time and money needed to control it.

“Landlord” will mean County Durham Housing Group, Dale & Valley Homes, Durham City Homes and East Durham Homes.

“GAS Safe” is the regulatory body for Gas Engineers that holds a register of all Gas Engineers who are allowed to legally work on gas appliances and installations.

“Heating Equipment Testing and Approval Scheme” HETAS are the governing body of solid fuel domestic heating appliances, fuels and services and are responsible for the registration of competent installers and businesses.

“The Health and Safety Executive” (HSE) is the Government Agency which is responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare.

“Responsible Person” the occupier (tenant(s)) of the premises 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.

“Landlord Gas Safety Record” LGSR is a form approved by the Health and Safety Executive which qualified Gas Engineers (GAS safe registered) completes once the relevant safety checks have been carried out.

“Landlord/Home Owner Safety Record” LHOSR is a form approved by HETAS which qualified HETAS engineers complete once the relevant safety checks have been carried out on solid fuel appliances and associated flues and chimneys.

“Nationally Accredited Certification Scheme” NACS is the industry recognised and accepted route for operatives to gain a certificate of competence, needed to become a member of the Gas Safe Register.

“Gas Contractor” a Gas Safe registered company engaged by the landlord to carry out gas work on their behalf. “Gas Appliance” will mean any appliance, fittings or flue operated by the use of gas within premises owned or managed by the landlord. “Gas Engineer” any competent Gas Safe registered Gas Contractor carrying out the works on behalf of the landlord “Gas Industry Unsafe Situations Procedure” provides guidance to Gas Safe registered businesses and engineers for dealing with unsafe situations. “Solid Fuel Appliance” will mean any appliance, fittings or flue operated by the use of solid fuel within premises owned or managed by the landlord.

“National Association of Chimney Sweeps” is a professional trade association which promotes high standards for the sweeping, inspection and maintenance of chimneys.

4. Scope of the Policy 4.1 This policy applies to Landlords’ premises occupied, exclusively or not, for

residential purposes under a lease for a term of less than 7 years. It covers the gas and solid fuel appliance repairs and maintenance services delivered by the Landlord through their partnering Gas and Solid Fuel Contractors.

4.2 Landlords are responsible for ensuring that they are aware of all instances

where gas and solid fuel appliances are present in their stock. 4.3 Landlords are not responsible for the repair and maintenance of tenants’

cookers or other temporary installations and appliances, including portable gas heating appliances, nor do they condone the use of portable gas appliances and will discourage their use whenever possible. This policy applies to all Landlord managed properties which are heated by a gas or solid fuel appliances.

5. Legislation

5.1 The following is a list of current legislation that is applicable to this policy.

• The Gas Safety (Management) Regulations 1996

• Health and Safety at Work etc. Act 1974

• Building Regulations (England & Wales) including Approved Documents G, J & L

• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013

• The Control of Asbestos Regulations 2012

• The Housing Act 1985

• The Equality Act 2010

• Environmental Protection Act 1990 5.2 The Gas Safety (Installation and Use) Regulations 1998 GSIUR (Regulation

36) requires the landlord to ensure that the following are maintained in a safe condition:- a) Any relevant gas fitting; and b) Any flue which serves any relevant gas fitting, so as to prevent the risk of

injury to any person in lawful occupation of relevant premises. 5.3 A relevant gas fitting means:-

a) Any gas appliance (other than an appliance which the tenant is entitled to remove from the relevant premises) or any installation pipework installed in any relevant premises: and

b) Any gas appliance or installation pipework, which directly or indirectly, serves the relevant premises and which either:-

• Is installed in any part of the premises in which the landlord has an estate or interest; or

• Is owned by the landlord or is under their control

• Except that it shall not include any gas appliance or installation pipework exclusively used in a part of premises occupied for non- residential purposes.

5.4 Regulation 36 also requires, amongst other things, that a Landlord shall ensure

that;

• Each appliance, flue and gas fitting is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety.

• Such checks are carried out by those who are GAS SAFE1 registered.

• In any room occupied or to be occupied as sleeping accommodation by a tenant there is not fitted a relevant gas fitting of a particular type that would contravene Regulation 30 of GSIUR.

• Written records are kept for at least two years giving details of appliances, gas pipework or flues checked, dates of checking any defects identified and remedial action required / taken.

• A copy of the written record is provided to the tenant/responsible person within 28 days of the check and a copy of the last record is given to any new tenant before she/he occupies the premises.

5.5 Although there is specific legislation covering the installation and maintenance

of gas appliances, as yet there is no similar, specific legislation for solid fuel appliances, however the HSE takes the view that section 3 (1) of The Health and Safety at Work Act 1974 can be applied. The question to whether there should be specific, additional legislation to cover domestic appliances using fuels other than gas is currently under review.

5.6 The HSE’s view is that the maintenance of solid fuel appliances forms part of

the landlord’s undertaking, that the sweeping of chimney flues cannot be delegated to tenants, and that this requirement for maintenance can be enforced under section 3 (1) of the Act.

1 The Gas Safe Register is the official gas registration body for the United Kingdom, Isle of Man and Guernsey,

appointed by the relevant Health and Safety Authority for each area. By law all gas engineers must be on the Gas Safe Register. The Gas Safe Register replaced CORGI as the gas registration body in Great Britain and Isle of Man on 1 April 2009

6 Statement of the General Policy 6.1 The Landlord is aware of their statutory responsibilities and duties to its

tenants/occupiers. It acknowledges that certain appliances/equipment is the responsibility of tenants/occupiers.

6.2 GSIUR 1998 (Regulation 36) sets out landlords’ responsibilities. Landlords

have no legal responsibility for carrying out the relevant safety check to appliances the tenant is entitled to remove from the relevant premises, however:- a) In order to ensure clarity for Gas Engineers, the landlord will carry out the

relevant Regulation 36 safety inspection of all gas heating/hot water appliances installed in the relevant premises including those installed by the tenant, but for the avoidance of doubt the landlord safety inspection will not include any portable or mobile appliance supplied with gas from a cylinder which the tenant is entitled to remove

b) In the interests of safety, the landlord appointed Gas Contractor will carry out a visual risk assessment of tenants gas cookers for evident safety related defects and the Gas Industry Unsafe Situations Procedure will be applied as necessary.

6.3 If the Gas Engineer considers any appliance including those installed by the

tenant to be unsafe s/he should with the permission of the tenant, make the appliance safe and issue a warning notice informing the tenant/responsible person of the unsafe situation. The information will be recorded on the Landlords Gas Safety Record (LGSR).

6.4 The landlord is committed to training and in particular the legislative training as

required by the Accredited Certification Scheme for Gas Operatives which ensures that landlord tenants are protected from the dangers which may arise from faulty gas appliances/installations. This is done by ensuring that the supervising officers and all maintenance personnel, whose work falls within the scope of the current edition of GSIUR, hold all necessary up to date certificates of gas competence.

6.5 The landlord further protects customers/users from danger arising from faulty gas appliances/installations by instructing Gas Contractors and staff to comply with the Warning Notice Procedures and the full requirements of the current edition of the GIUSP and all other standards and specifications, which may apply from time to time.

6.6 The landlord will instruct all Gas Contractors who may make or take reports on

gas installations, that they are responsible for gas safety and that whenever a

gas safety certificate cannot be issued, the Warning Notice Procedure must be followed.

6.7 The landlord will take all reasonable steps to obtain access to undertake the

gas and solid fuel safety checks on appliances it is responsible for within a 12 month period from the expiry date of the current Landlord Gas Safety Certificate (LGSR) or Landlord/Owner Home Safety Record.6.8 This Policy is supported by Group members’ procedures for gas and solid fuel appliances annual safety check, which provides a “toolkit” for employees of the landlord/contractor to enable an effective programme of safety checks to be carried out and to facilitate the gaining of access to all properties.

6.9 One of the primary aims of the gas and solid fuel safety policy is to ensure the

safety of our tenants and ensure we meet the legislative requirements in this area. In order to achieve this, the landlord will:

• Check the flue, appliance and associated pipe work in every property for

safety within 12 months of being installed and at intervals of not more than 12 months thereafter.

• Undertake an annual gas and solid fuel appliance service on a rolling programme each year in order to achieve 100% compliance with the Regulations.

• Require operatives servicing or repairing gas and solid fuel appliance installations are properly trained and qualified, including training in customer service.

• Require all Gas Engineers employed by the landlord Gas Contractors are registered with Gas Safe Register

• Require that all contractors solid fuel operatives are HETAS approved and registered with the National Association of chimney sweeps (NACS).

• Ensure the tenant / responsible person in each property receives a copy of the current gas and solid fuel safety certificate within 28 days of the service being completed.

• Ensure that all new tenant / responsible persons receive a current up-to- date service certificate when moving into a property.

• Maintain Smoke and Carbon Monoxide Detectors/Alarms and log details onto the LGSR/LHOSR

• Maintain and regularly update the gas and solid fuel servicing data on the asset management system.

• Employ innovative methods to gain access for annual safety checks, including best practice from other high performing organisations and take

necessary action, including action through the courts, to ensure we gain

access to all properties to carry out a safety check. • Ensure that a record is kept of each annual gas and solid fuel safety

service.

• Carry out monitoring on a proportion of completed work to ensure

compliance with good practice and legislation.

• Check flues in voids are installed to the requirements of Gas Safe Technical Bulletin 008

• As per Regulation 8 of GSIUR, prohibit any person from carrying out any alteration to a gas fitting which could compromise gas safety and also prohibit any work on a gas fitting or associated flue/ventilation system which would result in danger to any person.

• Carry out a visual risk assessment of a gas cooker, if one is fitted.

• Develop procedures to ensure safe systems of work.

• Where necessary operate a permit to work system when safety critical work is been carried out near to appliances and flues by engineers that are not Gas Safe/HETAS approved.

6.10 Wood burning stoves are becoming popular as a sustainable way to heat a

home. The landlord will neither install nor support such appliances in its properties. As such, tenants will no longer be given permission to install wood burning stoves or associated opening up of or alterations to chimneys in any way. If there are any unauthorised appliances installed, we will require their removal.

6.11 The Landlord recommends the use of CO and smoke detectors/alarms by the

tenants so long as they are installed in accordance with the manufacturer’s recommendations.

6.12 As part of the Group’s commitment to health and safety all properties that

receive a full rewire on the investment programmes will have mains powered smoke and CO alarms with a battery back-up installed. In all other cases the Landlord will provide battery operated detector/alarms. All smoke alarms and CO detectors will be inspected as part of the annual gas/solid fuel safety check.

6.13 Whenever a Gas/HETAS Engineer finds that there is no smoke or CO

detector/alarm installed they will immediately install a battery powered device as necessary.

7 Inclusive Services

7.1 The Group’s values highlight that we put “people are at the heart of everything

we do” and that we will; “push the boundaries of customer service and added value through proactive behaviour”. To do this we will ensure that we strive at all times to provide an inclusive service. We recognise that our contractors are an extension of the services our own staff provide and therefore expect the same high quality of customer care.

7.2 So that we can achieve our aims we have in place a wide range of support

tools and adaptations to services that can support our diverse customer base, including our vulnerable customers. In addition, we are constantly seeking to improve our service to customers and will continue to introduce new and innovative ideas to achieve this.

7.3 An example of how we provide a tailored service includes supporting deaf and

deafened customers through the provision of smoke alarms with either a vibrating pad or strobe light fitted to indicate when has been activated. However, while we will treat all tenants and their homes with courtesy and respect, listening and responding to individual needs, we also recognise that our customers’ safety, and that of visitors to their property, is paramount. We must ensure that we gain entry to undertake appropriate safety checks, servicing and repairs. We will always try to work with the tenant to resolve any issues and gain entry and any relevant information is passed to the engineer to enable an appropriate response. These responses could include the need for an accompanied visit, or making sure the operative allows enough time for a tenant with mobility impairments to answer the door.

7.4 Finally, we not only assess the impact of our policy on people with a range of

diverse characteristics, but also assess the impact of our associated procedures.

8. Value for Money

8.1 CDHG recognises that gas and solid fuel safety compliance is of the utmost importance. CDHG has taken the view that the balance between cost and quality is clearly in favour of quality as the safety of its tenants and other stakeholders is paramount. However, as part of any service reviews, more efficient and cost effective solutions to gaining access to properties will be considered. This also aligns with the corporate projects to procure a single housing management system and create a single asset management database system (PIMSS) that will aid the management of gas and solid fuel compliance.

9. Monitoring and Review

9.1 This policy will be reviewed on a biennial basis, or as necessary to reflect any

changes to legislation, codes of practice or guidance. 10. Performance

10.1 The Landlord will manage the following as part of the Performance

Management Framework:-

• Percentage of properties with a valid Landlord Gas Safety Record (LGSR) – Target 100%

• Percentage of properties with a valid Landlord/Home Owner Safety Record (LHOSR) – Target 100%

• Percentage of LGSR’s (gas) inspected by Contractors Supervisor to ensure certificates are all fully completed and quality of data is accurate – Target 100%

• Percentage of LHOSR’s (solid fuel) inspected by Contractors Supervisor to ensure certificates are all fully completed and quality of data is accurate – Target 100%

• Percentage of properties where the gas safety check has been undertaken within 12 months of the previous LGSR certificate – Target 100%

• Percentage of properties where the solid fuel safety check has been undertaken within 12 months of the previous LHOSR certificate – Target 100%

• Percentage of LGSR’s (gas) inspected by Client to ensure certificates are all fully completed and quality of data is accurate – Target 5%

• Percentage of LHOSR’s (solid fuel) inspected by Client to ensure certificates are all fully completed and quality of data is accurate – Target 10%

• Contractors inspections (supervisor) - percentage of post inspections of work completed on site for gas or solid fuel properties (i.e. servicing and new or replacement boiler installations) – Target 10%

• Clients Inspections - percentage of post inspections of work on site for gas (i.e. servicing and new or replacement boiler installations).– Target 5%

• Clients Inspections - percentage of post inspections of work on site solid fuel properties (i.e. servicing and new or replacement boiler installations).– Target 10%

• Properties that have smoke detector(s) installed and checked – Target 100%

• Properties with a CO detector installed and checked (where required) – Target 100%

• Customers satisfied with the annual service of their heating system (refer to STAR survey) – Target to be established annually

• Percentage by diversity – to be analysed annually. 11. Customer Complaints

11.1 Tenants who are not satisfied with the service they receive during the

completion of the annual gas or solid fuel safety check can raise their concerns through the landlords Customer Complaints Procedure.