Gas Safety Policy

1. Introduction

1.1. This policy outlines how we will meet our duty of care to manage the risk of Gas Safety within our stock.

1.2. How we will protect our employees, contractors, visitors and tenants as required by the Health and Safety at Work Act 1974, The Management of Health and Safety at Work Regulation 1999 and the Gas Safety (Installation and Use) Regulations 1998.

1.3. We are responsible for the maintenance of and repairs of our homes, offices and other buildings, many of which will contain gas installations and appliances. The Gas Safety (Installation and Use) Regulations 1998 (as amended) specifically deal with the installation, maintenance and use of gas appliances, fittings and flues in domestic properties and certain commercial premises. The Regulations also place a legal duty on landlords to ensure that gas appliances, fittings and flues provided for tenants’ use are safe.

1.4. We are also responsible for maintaining other types of heating systems to ensure that all appliances, fittings and flues provided for tenants’ use are safe. These include gas, oil fired, and solid fuel and liquid petroleum gas (LPG).

2. Policy Statement

2.1. Our Chief Executive holds the legal responsibility of the Duty Holder. However, they have nominated the Operations Business Manager - Gas, as the person to oversee the implementation of compliance against this policy and its associated procedures. They will minimise the risk of gas safety within the domestic and commercial heating systems under our management and any subsequent consequences if there is a risk to gas, we:

Will follow the Gas Safety (Installation and Use) Regulations 1998. In addition to this, the policy provides assurance to us that measures are in place to ensure compliance with these regulations and to identify, manage and/or mitigate risks associated with gas fittings, appliances and flues.
Will ensure compliance with gas safety legislation is formally reported to the Executive Leadership Team (ELT) and Board and includes details of any non-compliance and planned corrective actions.

3. Key Roles and Responsibilities

3.1. To ensure that the Gas Safety Policy, and supporting procedures are adhered to, the Group will appoint suitably competent personnel to act as the ‘Responsible Person’ on behalf of the individual Duty Holder and oversee the implementation and review of these documents.

3.2. Appointed Duty Holder – The Operations Business Manager (OBM) – Gas, will fulfil the role of the appointed ‘Duty Holder’ on our behalf to ensure the appropriate management of the risks associated with gas safety. As a result, the OBM – Gas will hold responsibility for the implementation of this document, and supporting Gas and Heating Procedures, as well as ensuring compliance is achieved and maintained.

3.3. Although the organisation has an appointed Duty Holder, the Group’s Chief Executive will be ultimately responsible for ensuring compliance with current legislation and ensuring that the organisation fulfils its duties and responsibilities as outlined in this policy document and the supporting procedures.

3.4. Responsible Persons – The OBM – Gas shall ensure that there are suitable arrangements in place for the implementation of the Gas and Heating procedures, as well as overseeing the delivery of the agreed survey inspection programmes and the prioritisation and implementation of any remedial works arising from the inspections.

3.5. The Board will have overall governance responsibility for ensuring the Gas Safety Policy is fully implemented to ensure full compliance with the regulatory standards, legislation and approved codes of practice. As such, the Board will formally approve this policy and review it periodically. This policy will be reviewed every 12 months (or sooner if there is a change in legislation or codes of practice).

3.6. The Board will receive regular updates, through the monthly scorecard, on the implementation of the Gas Safety Policy and gas safety performance along with notification of any non-compliance issue which is identified. This is so they have assurance that the policy is operating effectively in practice.

3.7. ELT will receive the monthly scorecard, in respect of gas safety performance and ensure compliance is being achieved. They will also be notified of any non-compliance issue identified.

3.8. The housing teams will provide key support in gaining access to properties where access is proving difficult and use standard methods to do so. They will also facilitate the legal process to gain access as necessary.

Competent Persons

3.9. We will ensure that the OBM – Gas, responsible for operational delivery, is appropriately qualified. If the competent person does not have the appropriate qualifications already, these should be obtained as soon as reasonably practicable.

3.10. We will ensure that all its own operatives and those employed by external contractors, hold and maintain Gas Safe accreditation for all areas of gas/LPG works that they undertake.

3.11. We will ensure that only suitably competent Gas Safe accredited contractors are procured and appointed to undertake works to gas/LPG fittings, appliances and flues.

3.12. We will ensure that where applicable, only suitably competent Oil Firing Technical Association (OFTEC) and/or HETAS accredited contractors are procured and appointed to undertake works to oil fired and solid fuel fittings, appliances and flues. HETAS is a not-for-profit organisation offering a “competent person” scheme for installers of biomass and solid fuel heating, approved registration for retailers and chimney sweeps, and a third-party approval scheme for appliances and flues.

3.13. Other heating types – We will ensure that where applicable, only appropriately qualified individuals/organisations are procured and appointed to undertake works on ground or air source heat pumps, solar thermal and biomass heating systems.

3.14. All heating systems will be inspected every 12 months in line with the industry MOT style, unless it is recommended to increase the frequency for other reasons specified by the OBM – Gas.

3.15. Part F, Regulation 36 (3) of the Gas Safety (Installation and Use) Regulations 1998 that provides landlords with some flexibility around the anniversary date of LGSRs. The new change allows the landlord to carry out a new gas safety check within 10 months and 1 day of the previous safety check and retain the original 12 month anniversary date of the previous LGSR, providing it does not exceed this 12 month anniversary date.

3.16. We will do our very best to remediate failures immediately, where this is not possible the heating system will be made safe following the IGEM G11 Gas Industry Unsafe Situations Procedure. Assistance will be made by the Housing Team to ensure there are alternative methods of heating and hot water to maintain the welfare of our residents.

4. Obligations

4.1. The Gas Safety (Installation and Use) Regulations 1998 (as amended) impose duties on landlords to protect tenants’ safety in their homes with respect to gas safety. The main duties as a landlord are set out in Regulation 36 requiring landlords to:

Ensure gas fittings and flues are maintained in a safe condition. Gas appliances should be serviced in accordance with the manufacturer’s instruction. I f these are not available, it is recommended that they are serviced annually unless advised otherwise by a Gas Safe registered engineer.
Ensure the annual safety check is carried out on each gas appliance and flue prior to expiry of existing safety check.
Have all installation, maintenance and safety checks carried out by a Gas Safe registered engineer.
Keep a record of each safety check for at least two years.
Issue a copy of the latest safety check record to existing tenants within 28 days of the check being completed, or to any new tenant when they move in.
Ensure that no gas fitting of a type that would contravene Regulation 20 (e.g. certain gas fires and instantaneous water heaters) is fitted in any room occupied or to be occupied as sleeping accommodation after the Regulations came into force. This includes any room converted into such accommodation after that time.

These obligations apply to both gas heating and liquid petroleum gas heating systems.

5. Outline of Services

5.1. We acknowledge and accept our responsibilities under the Gas Safety (Installation and Use) Regulations 1998 (as amended).

5.2. We will hold accurate and up to date inspection dates and inspection records against each property we own or manage electronically.

5.3. We will require the gas/heating engineers to visit all properties with a gas supply on an annual basis to carry out gas safety checks, irrespective of whether the property has a gas installation or not.

5.4. Where we do not hold responsibility for completing the annual gas safety check e.g. properties managed by other agents we share buildings with, leased properties etc. we will ensure that we hold evidence of compliance within our records.

5.5. We will endure that each property requiring a gas safety check will have a landlords’ gas safety record (LSGR) completed within the permitted time frame.

5.6. We will ensure that copies of all LGSRs/certification are provided to tenants within 28 days of completion or displayed in a common area where necessary within 28 days of its completion.

5.7. We will cap off gas supplies to all properties when the property becomes void and a new tenant is not moving in immediately following the previous tenant leaving. This will be completed by the end of the next working day.

5.8. We will ensure that all new build properties have the gas supply capped off at handover, if the new tenancy is not commencing immediately at the point of handover.

5.9. We will ensure that gas safety checks are carried out prior to , or immediately following the commencement of any new tenancy and that the tenant receives a copy of the LGSR prior to, or immediately after moving in. The exception to this will be where the tenant does not have their own gas supply e.g. Independent Living Schemes or shared supported living properties.

5.10. We will carry out a gas safety check following any new gas appliance installation completed by us. The safety check will include a gas tightness test of the system pipework, a visual inspection of the meter installation and a visual inspection including the safe working operation on all other gas appliances and associated flues within a property, issuing a gas safety certificate to confirm the necessary checks have been completed.

5.11. For tenants’ own appliances we will undertake the following checks:

Gas Fire – if the tenant is able to provide evidence that the appliance has been safety checked by a Gas Safe Engineer in the last 12 months, a 5 point visual safety check (in accordance with current requirements) will be completed, this includes location, effectiveness of the flue, ventilation, operating pressure & heat input, operation to ensure its safe functioning. If the appliance is found to be faulty, then the appliance will be made safe, in agreement with the tenant and a warning notice issued.
Gas Cooker/Gifted Gas Cookers – The Group will carry out a visual check of the appliances, if the appliance is found to be faulty it will be disconnected in agreement with the tenant, the pipework capped and a warning notice issued.
We are not responsible for the safety of freestanding appliances, including portable gas heating appliances.

5.12. If the tenant refuses to allow the engineer to isolate the appliance, the engineer will issue a warning notice, record on the certificate and make a report to Gas Safe in accordance with the Gas Industry Unsafe Situations Procedure (GIUSP).

5.13. will test hard-wired smoke alarms as part of the annual gas safety check visit (or at void stage).

5.14. We will test CO detectors installed in all properties where required as part of the annual gas safety check visit (or at void stage).

5.15. We will carry out an annual gas safety check to all properties where the gas supply in inactive (capped). This is to ensure that gas supplies have not been reconnected by the tenant.

5.16. In any instance where a property has a capped supply, we will write to the tenants every six months to remind them that the supply remains capped and inform the tenant of what is required in order to reinstate gas at the property.

5.17. We will ensure that only suitably competent Gas Safe accredited engineers undertake gas or LPG works for the organisation. See competency section of this policy for the competency required to carry out safety checks for other heating types.

5.18. We will remove any open flue gas appliances found in any rooms that are being used as bedrooms.

5.19. We will have processes and controls in place to ensure that consideration is made when letting properties to the suitability of the accommodation for the prospective customer with regards to gas/heating safety.

5.20. We will follow a legal process to obtain entry should any customer refuse access to carry out essential gas/heating safety related inspections and remediation works.

5.21. After we have explored all avenues and ensured we have taken any customer vulnerabilities into account, we will follow a legal process to gain entry to the property in order to be compliant with this policy and safeguard the wellbeing of the tenant. All instances of gaining entry, to our properties, will be dealt with case by case.

5.22. We will establish and maintain a plan of continuous improvement activity undertaken with regards to gas/heating safety.

5.23. We will ensure that where applicable all solid fuel, chimney stacks, oil fired appliances and flues are inspected and maintained at least annually and that this work is completed by a suitable competent engineer.

5.24. Where appropriate any compliance risks will be considered, mitigated or removed as part of any major refurbishment works or included in new development design briefs.

5.25. Independent Living Properties: We will carry out a programme of annual gas/heating safety checks and services to all supported living properties (where we have responsibility) in line with the domestic property programme. These installations may include catering equipment, boilers serving communal heating systems, combined heat and power systems, pressure vessels and water heating boilers (this will also apply to Independent Living Schemes, as applicable).

5.26. Communal Blocks and ‘Other’ properties: We will carry out a programme of annual gas safety checks and services to all ‘communal blocks’ and ‘other’ properties (shops offices, depots, etc.), where we have the legal obligation to do so. (Commercial specifications are different to domestic.) These checks will include all gas fittings, appliances and flues in the property and will be completed no longer than 12 months from the date of the previous LGSR/certification or as detailed within manufacturer’s instructions. These safety checks and maintenance services will be carried out by a suitable competent engineer in accordance with the manufacturer’s instructions. These installations may include catering equipment, boilers serving communal heating systems, combined heat and power systems, pressure vessels and water heating boilers.

5.27. We will carry out, where applicable, a programme of annual safety checks and services to all oil fired and solid fuel systems. This check will include all fittings, appliances and flues in the property and will be completed no longer than 12 months from the date of the previous safety check and service or as detailed within manufacturer’s instructions or industry best practice. These safety checks and maintenance services will be carried out by a suitably competent engineer in accordance with the manufacturer’s instructions.

Compliance Follow-up Work

5.28. We will ensure there is a process in place for the management of any follow-up works required following the completion of a gas/heating safety check.

5.29. A safety check will be carried out on completion of any repair and/or refurbishment works to occupied or void properties where works may have affected any gas fittings, appliances or flues.

Contact Management

5.30. Regular contract meetings will be held with all external contractors to review and monitor key performance indicators (KPIs).

5.31. On at least an annual basis all qualifications and competencies will be reviewed (in line with those noted in section 3.2) for all areas of work they undertake on our behalf.

5.32. We will ensure that all external contractors are provided with up to date information relating to all relevant compliance areas.

Record Keeping

5.33. We will establish and maintain a core asset register of all properties that have an active or inactive gas supply. This register will also hold data against each property asset of gas or other heating inspection and servicing requirements, where applicable, for all domestic properties, communal blocks and ‘other’ property assets.

5.34. We will hold accurate and up to date inspection dates and inspection records against each property we own or manage as follows:

Inspection dates and re-inspection records will be held electronically.
We will ensure the Gas Safe registered engineer records the details of all appliances and other equipment which is by the gas/heating supply iin every domestic property, communal block or ‘other’ property.
We will establish and maintain accurate and up to date records of all completed safety records, warning notices and associated remedial works and keep these for a period of not less than two years.
We will hold an maintain accurate and up to date records on the qualifications of all engineers undertaking gas/heating works for the organisation.
We will ensure processes and controls are in place to provide and maintain appropriate levels of security for all gas/heating safety related data.

6. Regulatory Standards, Legislation, and Approved Codes of Practice

6.1. Regulatory Standards:

The application of this policy will ensure compliance with the regulatory framework and consumer standards (Home Standard) for social housing in England, which was introduced by the Regulator of Social Housing (RSH).

6.2. Legislation:

The principal legislation applicable to this policy is The Gas Safety (Installation and Use) 1998 Regulations (as amended). We have a legal obligation under part F, Regulation 36 of the legislation (Duties of Landlords) and is the ‘Landlord’ for the purposes of the legislation. We are the ‘Landlord’ by virtue of the fact that we own and manage homes and buildings housing tenants/leaseholders through the tenancy, lease and license agreement obligations we have with the tenants/leaseholders.

6.3. Codes of Practice:

The principle approved codes of practice applicable to this policy are:

ACoP L56 – ‘Safety in the installation and use of gas systems and appliances’ (4th edition 2013).
INDG285 – ‘A guide to landlords’ duties: Gas Safety (Installation and Use) Regulations 1998 as amended by the Gas Safety (Installation and Use) (Amendment) Regulation 2018’.

6.4. Sanctions:

We acknowledge and accept our responsibilities in accordance with the regulatory standards, legislation and codes of practice and that failure to discharge these responsibilities properly could lead to a range of sanctions including prosecution by the Health & Safety Executive under the Health & Safety at Work Act 1974, prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 and via a serious detriment judgement from the Regulator of Social Housing.

7. Implementation

Training

7.1. We will ensure that all operatives working for, or on behalf of the organisation have the relevant qualifications required for their role.

7.2. Our employees will undertake periodic assessments of training needs and resulting programmes of internal and /or external training will be implemented via the Employee Development Team.

7.3. All relevant employees will have an understanding of gas safety checks and their roles and responsibilities in ensuring that we maintain full compliance.

Performance Reporting

7.4. KPI measures will be established and maintained to ensure we are able to report on performance in relation to gas/heating safety.

7.5. KPI measures will be produced and provided at ELT and Board level on a monthly basis. As a minimum these KPI measures will include reporting on:

Data – the total number of:

Compliant properties with a valid ‘in date’ LGSR/certification; and
Non-compliant properties where the LGSR/certification has expired and is ‘out of date’.

Narrative – an explanation of the:

Current position;
Corrective action required, if any;
Anticipated impact of any corrective action;
The completion of any follow-up works; and
Properties which are due to be serviced within the next 30 days. This is the early warning system.

7.6. We will carry out independent third-party quality assurance audits of gas/heating safety checks, gas appliance services and gas appliance repair works. This will be a 5% sample of the total gas safety works carried out annually. In addition, 100% of all certification s will be checked via a staff member or IT software.

7.7. We will carry out an independent audit of gas/heating on a regular basis.

This audit will specifically test for compliance with regulation, legislation and approved codes of practice and identify any non-compliance issues for correction.

Non-Compliance/Escalation Process

7.8. Any non-compliance issue identified at an operational level will be formally reported to the Assistant Director of Property in the first instance, as soon as this is identified.

7.9. The Assistant Director of Property will agree an appropriate course of corrective action with the OBM – Gas to address the non-compliance issue and report details of the same to the Executive Director of Operations within 24 hours.

7.10. The Executive Director will ensure the Board are made aware of any non-compliance issue so they can consider the implications and take action as appropriate, including notification to the Regulator of Social Housing, as necessary.

8. Monitoring

8.1. This Policy and its associated procedures will be reviewed annually and authorised by the OBM – Gas. The policy is counter signed by our Chief Executive.

9. Impacts

Resident/Employee Implications —

We will communicate to all residents the importance of keeping heating system in good working order with associated Landlord Gas Safety Record provide on a 12 monthly basis to the occupier.

We will ensure that all relevant employees are suitably trained to allow them to safely undertake their duties relating to this policy and associated procedures. We will have a suitable set of procedures to ensure all adhere to this policy.

Equality, Diversity & Inclusion —

All works will be carried out in accordance with our Equality and Diversity Policy. We will design the service policy, standard, procedures and delivery in accordance with the individual needs of different resident groups.

We will work with our communities to ensure equality of access and service outcomes, considering the diversity of local communities.

The needs of vulnerable tenants will be taken into consideration when prioritising repairs.

Value for Money —

We have a responsibility to protect the value of our housing stock and to ensure that the promises and obligations made to our tenants, leaseholders and other users in respect of their homes are honoured.

The efficient management of resources continues to be one of our highest priorities. Hence there will be a continued focus on making more efficient and effective use of resources.

Procurement of repair work will be in accordance with our Financial Regulations.

Data Protection —

All due care is taken to protect data held by us and in particular, we ensure we keep all resident data secure and meet with data protection requirements.

Accountability —

The Residents’ Forum has been consulted during the preparation of this Policy.

Quality —

We look to ensure that our residents are safe in their homes by supporting the provision of well-maintained homes which are in line with legislative and regulatory requirements.

When things go wrong —

Residents can communicate concerns through our formal channels: via telephone, email, our website or our social media channels.