April 16, 2024

Commercial Gas Safety Checks: Understanding Your Legal Obligations

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Gas is a necessity not only for homes but also for businesses and commercial entities. It has become a major source of energy required for commercial and business units, for heating, hot water supply, and even cooking. The reason behind its global acceptance as a user-friendly energy resource is that it is safer and more economical compared to other conventional resources.

Over the years, the use of gas has become more reliable and safer for end users. It is the result of a persistent effort by the governing bodies worldwide, including the UK. Although gas is considered a safe energy resource, it does have some potential risks, such as fire and explosion, in addition to the emission of harmful gases like carbon monoxide.

So, the relevant authorities have formulated various laws and regulations that are mainly focused on the safety of gas end users. One of the main requirements of these regulations is the obligation of landlords and business owners to get their properties inspected annually for gas safety and obtain a valid gas safety certificate.

Commercial Gas Safety Checks and Relevant Law

The basic law that regulates the use of gas for commercial activities, in the UK, is known as Gas Safety (Use and Installation) Regulations 1998, commonly referred to as Gas Safety Regulations 1998. Since its inception, it has been amended from time to time to make it more relevant and practical. The emphasis, however, remained focused on the safety of people and properties.

One of the most important provisions of these regulations is the annual Commercial Gas Safety Checks. Also, as per the law, this annual inspection has to be conducted by qualified gas safety engineers who must be registered with the Gas Safe Register.

Commercial Gas Safety Certificate

A valid commercial gas safety certificate is a legal requirement under the Gas Safety (Use and Installation) Regulations 1998, as amended from time to time. The gas safety engineer issues this certificate after successfully completing a safety inspection of all gas fittings and appliances, including boilers, flues, and gas pipework.

It has to be done once a year, preferably during the last two months of the expiry of the current commercial gas safety certificate.

The commercial gas safety certificate would essentially have the following information on it:

  • Date of inspection.
  • Complete address of the property.
  • Name of the landlord or his representative or agent.
  • Name and identity number of the gas safety engineer who conducted the gas safety check.
  • Signature of the gas safety engineer.
  • Location and placement of each appliance on the premises.
  • Current status of the appliances, mentioning their actual operational status, specifically declaring that they are fit for use or otherwise.
  • All appliances inspected by the engineer need to be classified as under, based on the nature of the fault.
  • Appliances that are perfectly working per the standards will be declared “Fit for Use.”
  • ID—Immediately dangerous. Appliances in this category will need repair or replacement urgently. They are practically unfit for instant use and are dangerous if used without rectification of fault.
  • AR – At risk. The appliances rated as AR also need to be replaced on an urgent basis, though the level of risk is relatively lower than that of the appliances rated as ID. But it must be repaired or replaced as soon as possible.
  • NCS – Not to the Current Standards. These appliances can be used safely, though they are not compliant with the current standards. However, these also need replacement with the new ones as soon as possible, which must be compliant with the current standards.

On successful completion of the annual commercial gas safety check, the gas safety engineer will issue the required commercial gas safety certificate within 48 hours. These days, this is usually in digital form. You can, however, get it printed for safe storage.

What is Involved in the Annual Commercial Gas Safety Checks?

Annual Commercial Gas Safety Check involves the following mandatory steps:

  1. Visual inspection of gas installations and appliances, including boilers and flues and related gas pipe network.
  2. Checking gas burner pressure. Inappropriate gas pressure can lead to malfunctioning that may result in a mishap; hence, it is very important to check it.
  3. Checking that the gas is burnt perfectly. This is important to avoid the emission of carbon monoxide. Carbon monoxide is generated as a result of incomplete combustion of natural gas.
  4. Checking for leakages. Leakage may be in the pipe network, within the gas appliances, or in the joints and connectors. Any such leakage, if detected, must be instantly fixed on the spot. If it is serious, the engineer will disconnect the gas supply until the fault is removed.
  5. Examine the performance of the ventilation system. An effective ventilation system is crucial for the flow of fresh air and the exhaustion of burnt gases.
  6. Check the working of the safety devices, such as leak detectors.
  7. Check boiler performance, including the pressure vessel. This is another very important step during the annual gas safety inspection. Boilers and radiators must be in perfect condition. Any leak inside or around the boilers may result in a fatal accident.

Legal Obligations of A Landlord or Owner of A Commercial Unit

The Gas Safety (Installation and Use) Regulations 1998, as amended in 2018 under the name "The Gas Safety (Installation and Use) (Amendment) Regulations 2018,” define the roles and obligations of the Owners of Commercial Units and landlords in detail.  

The provisions of the above-referred law can be summarized as follows:

  • The landlords or owners of the commercial units are required to ensure the safety of their employees and the occupants against the possible threats associated with the gas, such as fire, explosion, and generation of harmful gases.
  • The landlords and owners of the commercial or business units are legally bound to get their properties inspected for gas safety once a year by a registered gas safety engineer.
  • Annual gas safety inspection needs to be carried out on all gas installations and appliances, including boilers and flues, and related pipework.
  • The gas safety engineer will issue a gas safety certificate if the appliances and installations are compliant with the gas safety standards, set by the law, for commercial units.
  • Commercial gas safety certificates, also known as commercial gas safety records, will remain valid for 12 months. Landlords and business owners are legally bound to have it renewed before the expiry of the current certificate, preferably any time during the last two months of expiry.
  • The responsibility of landlords is restricted to the gas appliances they install. Anything installed by the business owners in the rented property is the responsibility of the business owners. However, during annual inspections, the gas safety engineer should also check these appliances to ensure the safety of the people and the properties.
  • If at any time, one or more of the installed gas appliances develop some fault, the landlords and the business owners are collectively responsible for arranging the inspection and removal of the faults. If recommended or suggested by the engineer, replacement of the faulty appliances is also the legal duty of the landlords of the commercial units.
  • Routine maintenance and servicing of the gas appliances, boilers, and flues is also the responsibility of the landlords.

Conclusion

If they use gas appliances in their premises, all businesses or commercial units are subject to relevant gas safety regulations. The law legally binds landlords or owners of commercial units to ensure the safety of their employees against the potential risks associated with the usage of gas. This includes the necessary annual inspection of the gas appliances to get a Commercial Gas Safety Certificate.

So, if you are a business owner or a landlord of any commercial property, it is your legal obligation to comply with all the relevant provisions of the Gas Safety Regulations.

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