A GUIDE TO LANDLORD'S DUTIES:

GAS (SAFETY AND MEASUREMENT) AMENDMENT REGULATIONS 2014

This leaflet is aimed at landlords and explains some of the main requirements of the Gas (Safety and Measurement) Amendment Regulations 2014. It also gives guidance on how to comply with them. The leaflet will also be
of interest to tenants, making them aware of landlords’ duties.

As there has been an incident recently in Christchurch with gas. Auckland gas services is trying to educate the public in their responsibilities as a landlord.

The Gas (Safety and Measurement) Amendment Regulations 2014
specifically deal with the installation, maintenance and use of gas appliances, fittings and flues in domestic and certain commercial premises. They place duties on landlords to ensure that gas appliances, fittings and flues provided for tenants’ use are safe.

These duties to protect tenants’ safety are in addition to the more general ones that landlords have under the health and safety at work act 2015.
* Details can be found on New Zealand legislation website on statistics (see ‘Further reading’ section)

Responsibilities of persons hiring or leasing out gas appliances, fittings, or gas installations or property or premises containing them:

“(1)Every person who hires or leases out any gas appliance, fittings, or gas installation or any property or premises containing a gas appliance, fittings, or gas installation must—

“(a)take all practicable steps to ensure that the gas appliance,
fittings, or gas installation is safe at the commencement of the hire or lease; and

“(b)ensure that the gas appliance, fittings, or gas installation is accompanied by instructions for its safe use, including information on any maintenance or ongoing safety inspections that are required.

“(2)For the purpose of subclause (1)(a),—

“(a)a gas appliance, fittings, or gas installation is deemed safe for
the purposes of hire or lease at the commencement of its hire or lease if it is assessed as not unsafe under NZS 5256:

“(b)a gas appliance, fittings, or gas installation contained in
property or premises for hire or lease is deemed safe for the purposes of hire or lease at the commencement of the hire or lease if it is assessed as not unsafe under NZS 5255.

“(3)Every personcommits an offence and is liable on conviction to a level 2 penalty who hiresor leases out, or offers to hire or lease out, any gas appliance, fittings, orgas installation or premises or property containing a gas appliance, fittings,or gas installation knowing that this regulation has not been complied with, orbeing reckless as to that matter.“(4)Thisregulation does not apply to the hiring or leasing out by a landlord ofresidential premises containing a gas appliance, fittings, or gas installation.

75A Responsibilities of landlords for gas appliances, fittings, and gas installations at rented residential premises

“(1)A landlord of residential premises must not provide any gas appliance, fittings, or gas installation under or in connection with a residential tenancy if the gas appliance, fittings, or gas installation is unsafe.

“(2)A landlord
of residential premises must not allow any person to use a gas appliance, fittings, or gas installation provided by the landlord under or in connection with a residential tenancy if the gas appliance, fittings, or gas installation
is unsafe.
“(3)For the
purposes of subclauses (1) and (2), a gas appliance, fittings, or gas
installation is deemed safe for the purposes of the residential tenancy at the commencement of the tenancy if it is assessed as not unsafe under NZS 5255. “(4)A landlord
of residential premises must provide the occupier with adequate instructions for the safe use of any gas appliance, fittings, or gas installation provided under or in connection with a residential tenancy.
“(5)A landlord
commits an offence and is liable on conviction to a level 2 penalty who provides a gas appliance, fittings, or gas installation under or in connection with a residential tenancy, or allows another person to use a gas appliance, fittings, or gas installation that is provided under or in connection with a residential tenancy, knowing that, or being reckless as to whether, the gas appliance, fittings, or gas installation is unsafe.
“(6)In this
regulation and regulation 75, landlord has
the meaning given to it in section 2(1) of the Residential Tenancies Act 1986.”

As a commercial property owner/landlord what’s my duty under HSWA?

Under HSWA, a commercial property owner/landlord is a Person Conducting a Business or Undertaking (PCBU). This means you have a duty of care, so far as is reasonably practicable, to ensure the health and safety of everyone involved with or affected by work on or at your property. This includes work that you organise or are responsible for. Those that could be affected include tenants, contractors engaged by you, or members of the public visiting your property.

I’m a property manager. Do I have a duty?

Under HSWA, a property manager is also a PCBU and will also have a duty of care, so far as is reasonably practicable, to ensure the health and safety of everybody involved with or affected by work on the property that you are responsible for.

As the property manager you will also have responsibility for the management and control of the property with the duty to ensure the property (if it’s a workplace) is without risks to health and safety.

How do I know whether the gas engineer is Gas Safe registered?

The gas fitter should be able to provide you with a current ID
card. The card contains a photo of the gas fitter, personal licence number, the start and expiry date of the card. You can also
call plumbing gas fitting drainage board during normal office hours
on 0800 743 262 or (+64) 4 494 2970 or go to the website
www.pgdb.co.nz

What if an appliance fails the safety check?

The safety check record will contain details of any defect identified and remedial
action taken. You must ensure that any safety defect is rectified (by a registered gas fitter) before the equipment is used again. It is recommended that you keep copies of work done to rectify defects identified by the safety check.

We recommend that you shouldn't reconnect an appliance that you have been told is unsafe, which has either been isolated or disconnected for safety reasons, until the fault has been rectified.

What happens if, Offences for actions or omissions likely to cause serious harm or significant property
damage:

Failure to do so may result in loss of life. Not only that, you risk being prosecuted, and this could result in you facing imprisonment for a term of not more than 2 years; or
(b) A fine of not more than $100,000 in the case of an individual, or $500,000 in the case of
a body corporate; or
(c) Both.

Every individual or body corporate who commits an offence shall be liable on conviction to a fine not exceeding:

Level 2 offences:$10,000 in the case of an individual $50,000 in the case of a company or otherbody corporate.

What action do I take in the event of a gas escape?

https://www.aucklandgasservices.co.nz/what-do-i-do-when-is-smell-gas-in- my-house-outdoors-

Further reading

If you would like more detailed information on the subject, you will find the following helpful:

http://www.legislation.govt.nz/regulation/public/2014/0205/latest/DLM6153586.html

http://www.legislation.govt.nz/regulation/public/2014/0205/latest/DLM6153593.html

http://www.legislation.govt.nz/act/public/1992/0124/latest/DLM285412.html?search=qs_act%40bill%40regulation%40deemedreg_gas+act_resel_25_h&p=1&sr=1

http://www.legislation.govt.nz/act/public/1992/0124/latest/DLM2942848.html?search=qs_act%40bill%40regulation%40deemedreg_gas+act_resel_25_h&p=1

https://worksafe.govt.nz/topic-and-industry/energy-safety/audit-and-enforcement/enforcement/offences-and-prosecutions/