Husband and wife fined over gas safety breaches

20 September 2010

A couple who were co-landlords of a Bristol property have been fined after admitting breaching gas safety regulations.

Atulkulmar Ratilal Patel, 55, and Chetna Atulkulmar Patel, 51, of Beaufort Street, Brynmawr, Gwent, were fined a combined total of £6,500 and ordered to pay costs of £1,800 at Bristol Magistrates' Court today.

Mr Patel pleaded guilty to two charges after replacing a boiler without being competent to do so, and without being Gas Safe registered.

He and his wife both pleaded guilty to another breach of health and safety law for being unable to provide a landlords' certificate.

Ian Whittles, HSE Inspector said:"Working with gas supplies is a specialised job and must only be carried out by trained engineers who are members of the Gas Safe Register, to minimise any risk of death or serious injury resulting from gas leaks or explosions.

"As landlords, Mr and Mrs Patel should have made sure that the boiler was properly installed and maintained by someone properly trained and certified to do so. Landlords must also provide proof that boilers have been checked for safety every year

"It is absolutely unacceptable to take this responsibility lightly, and I encourage all tenants to check that their landlords are doing what they should to ensure their safety."

Mr Patel pleaded guilty to breaching regulations 3 (1), 3(3), and 36 (3) of the Gas Safety (Installation and Use) Regulations 1998 and was fined £6,000 with £1,800 costs.

Mrs Patel pleaded guilty to breaching regulation 36 (3) of the Gas Safety (Installation and Use) Regulations 1998 and was fined £500.

More information for landlords and tenants is available at www.hse.gov.uk/gas[1].

Notes about Gas Safety Regulations

1.Regulation 3(1) of the Gas Safety (Installation and Use) Regulations 1998 states that "No person shall carry out any work in relation to a gas fitting or gas storage vessel unless he is competent to do so."

Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998 states that "no employer shall allow any of his employees to carry out any work in relation to a gas fitting or service pipework and no self-employed person shall carry out any such work, unless the employer or self-employed person, as the case may be, is a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of this paragraph."

Regulation 36 (3) of the Gas Safety (Installation and Use) Regulations 1998 states that "a landlord shall - (a) ensure that each appliance and flue to which that duty extends 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 (whether such check was made pursuant to these Regulations or not); (b) in the case of a lease commencing after the coming into force of these Regulations, ensure that each appliance and flue to which the duty extends has been checked for safety within a period of 12 months before the lease commences or has been or is so checked within 12 months after the appliance or flue has been installed, whichever is later; and (c) ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information -
(i) the date on which the appliance or flue was checked;
(ii) the address of the premises at which the appliance or flue is installed;
(iii) the name and address of the landlord of the premises (or, where appropriate, his agent) at which the appliance or flue is installed;
(iv) a description of and the location of each appliance or flue checked;
(v) any defect identified;
(vi) any remedial action taken;
(vii) confirmation that the check undertaken complies with the requirements of paragraph (9) below;
(viii) the name and signature of the individual carrying out the check; and
(ix) the registration number with which that individual, or his employer, is registered with a body approved by the Executive for the purposes of regulation 3(3) of these Regulations."
2.Further information about the gas registration scheme is available at: http://www.gassaferegister.co.uk/about.aspx [2]
3.The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement.
4.Workers undertaking gas installation and maintenance work must be registered with Gas Safe Register. Further information about the gas registration scheme is available at: http://www.gassaferegister.co.uk/about.aspx [3]

Source: Health and Safety Executive

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