Extension of Registered Gas Installer Scheme to include Non-Domestic Gas Works

Transcription

1 Extension of Registered Gas Installer Scheme to include Non-Domestic Gas Works DOCUMENT Final Decision Paper TYPE: REFERENCE: CER/15/244 DATE PUBLISHED: QUERIES TO: 12 th October 2015 Paul Byrne The Commission for Energy Regulation, The Exchange, Belgard Square North, Tallaght, Dublin 24.

2 Abstract Abstract: Since undertaking legislative responsibility with respect to the regulation of gas installers in 2006 the CER continues to be committed to ensuring that its approach to regulation evolves and develops over time to ensure an appropriate level of gas safety in Ireland. In order to further promote gas safety it is intended, through this decision paper, to extend in time the present Registered Gas Installer (RGI) regulatory model which governs the work of RGIs in the domestic sphere, by designating those works on Natural Gas and LPG fittings designed to be used by Non-Domestic gas customers as Gas Works. This would make it a legal requirement for Non-Domestic Gas Works to only be legally carried out by a Non-Domestic RGI. The CER published a Consultation Paper (CER/14/125) in 2014 and following consideration of all responses. The CER then published a proposed Decision document in May Following consideration of all responses received, and after consultation with industry, the CER is now publishing its final decision. Target Audience: This consultation paper is aimed at the natural gas installer industry and the general public. Related Documents: The CER has published documents on matters related to the regulation of gas installers previously. A non-exhaustive list of these documents can be found below; A Natural Gas Safety Regulatory Framework for Ireland (ref. CER/07/172); Vision for the Regulation of Gas Installers with Respect to Safety (ref. CER/07/225); Criteria Document for the Regulation of Gas Installers with respect to safety (ref. CER/08/130); Safety Regulation of the Liquefied Petroleum Gas Industry in Ireland Policy Paper (ref. CER/09/082); Gas Works Final Decision Paper (ref. CER/09/083); Extension of the Registered Gas Installer Scheme to include Non-Domestic Gas Works (ref: CER/14/425) Consultation Document; and 1

3 Regulation of the Gas installer Industry with Respect to Safety from 2016 Decision Paper (ref: CER14/791). Relevant national standards in this area are: I.S. 813 Domestic Gas Installations; I.S.820 Non-Domestic Gas Installations. 2

4 Executive Summary Works carried out on domestic gas installations are regulated under law by the Commission for Energy Regulation (CER). These works can only be completed legally by a Registered Gas Installer (RGI) who is on the list of the Register of Gas Installers Ireland (RGII). The RGII was reappointed by CER as the Gas Safety Supervisory Body (GSSB) in 2015 to carry out the day to day functions of the RGI Scheme. The role of the GSSB is to regulate the work of gas installers in Ireland, with respect to safety, on behalf of the CER. To date, the requirement to be registered to carry out this Gas Work has been restricted to Gas Works conducted on domestic type appliances in the Irish market. It is currently an offence under the Electricity Regulation Act 1999, as amended, for an individual who is not registered as an RGI to carry out Gas Works, which has been defined in law as the installation, removal, repair, servicing, maintenance or replacement (of any combination of the foregoing) of a Natural Gas or LPG fitting covered by I.S. 813 and/or I.S EN 1949, which is used or designed to be used by a domestic customer or used or designed to be used by a domestic customer but which is installed in a commercial or industrial premises. To date the CER has successfully taken a number of related prosecutions where non-registered individuals or companies have undertaken Gas Works. Given that health and safety legislation under the remit of the Health and Safety Authority (HSA) already existed regarding workers and the workplace the RGI regulatory scheme initially prioritized safety of work within the domestic gas sector. The 2005 SHWAW Act and the associated Regulations currently place certain responsibilities upon employers with respect to the installation, commissioning, maintenance, repair or removal of Non-Domestic gas fittings. However it is of relevance to this paper is that these regulations do not require the gas installer to be registered. The CER, in previous decision documents (CER/09/083 and CER/11/022), indicated that in order to further promote gas safety it intended in time to extend the RGI regulatory model, by designating works on Natural Gas and LPG fittings designed in a commercial setting as Gas Works once a number of conditions existed. The CER was also mindful that a small number of gas safety incidents had taken place in a non-domestic environment in recent years. In August 2014, the CER consulted on how the Non-Domestic gas installer industry in Ireland is regulated with respect to safety and whether an extension of the present regulatory scheme to the Non-Domestic sphere was warranted and bring benefits. Following consideration of the responses received to that consultation paper and after additional consultation with industry stakeholders, the CER published its Proposed Decision Paper in May 2015 (CER/15/104). That document proposed the extension of the current RGI regulatory model to include works undertaken in the Non-Domestic environment. This would build on the elements of 3

5 the existing domestic scheme which are functioning well to date, with some modifications with regard to bringing safety benefits in the non-domestic area. Comments were invited on the CER s proposed decision and have been considering in arriving at this decision paper A summary of the CER s decision is below. The CER has decided to extend the RGI scheme to include non-domestic works. The definition of the works which would be covered by this proposed new regulation is a key issue that has been carefully considered taking into account the views of respondents. In this regard, that the CER has decided that Non-Domestic Gas Works be defined as: all works relating to Natural Gas and LPG installations in commercial and public access buildings at maximum operating pressures not exceeding 5 bar and industrial gas installations at maximum operating pressures not exceeding 0.5 bar, from the point of delivery up to and including the appliance(s) in Non- Domestic premises. This includes all works related to the installation, removal, repair, servicing, maintenance or replacement (or any combination of the foregoing) of gas fittings covered by I.S While a number of exemptions have been identified in this decision, these will be kept under continuous review when the decision is implemented. When the required regulations are in place, works that fall under the above definition of Non-Domestic Gas Works can only be legally carried out by a Non-Domestic RGI, from the distinct installer category type (see below). The approach to the definition of works above aligns with that which was followed previously for determining what were Gas Works and also relates to the standard I.S. 820 which is known to all those in the Non-Domestic Gas industry. The Non-Domestic regulatory scheme will contain four distinct installer category types: Gas Pipework; Heating Appliances and Boilers; Catering and Laundry; and Power Generation With regard to scheme entry for RGI s and their continuous assessment, the CER has decided that there should be a core non-domestic safety course in addition to appropriate modules with respect to the category of non-domestic RGI that they are registered for or carrying out gas works on. The CER will now engage with appropriate industry stakeholders and training centers in relation to the development of the relevant required courses and in relation to the specific trades permitted onto the scheme. The CER will also consider a provisional membership phase as was in place for the domestic scheme when it was initially introduced. The CER notes that although the annual inspection by RGII of RGIs is one means of ensuring RGIs competency in the current scheme, this does not allow the RGI to be inspected on a range of appliances. There is therefore currently a requirement in place 4

6 for domestic RGIs to sit an accredited competency assessment every five years. The five year assessment allows for a broader examination of an RGI s skills. With regard to the non-domestic scheme, the CER is satisfied that similarly a combination of both the annual assessment and the five year assessment will facilitate an appropriate assessment of the RGI s overall competency. In this Final Decision document the CER has decided that it is appropriate for Non- Domestic Gas Works to be included in the RGI regulatory model. In order to implement this decision, a number of additional actions and decisions must be completed in order to setup the scheme. The CER will now commence these as follows: Engage with industry stakeholders on appropriate entry requirements and competency assets; Discuss with training providers the timing of putting in place required courses; Plan and develop an appropriate a publicity campaign that will be required to ensure that all relevant stakeholders are aware of amendments to the regulatory scheme and requirements; Progress secondary legislation in consultation with the Department of Communications, Energy and Natural Resources as required by Section 9(G) under the Electricity Regulation Act 1999, as amended. The above steps will be progressed between now and the end of The CER will then hope to publish a next steps paper in December 2015 which will detail the actions required for implementation and an indicative timeframe for introduction of non-domestic gas works. As part of the next steps paper, the CER will also provide clarity in relation to the commencement of work on the introduction of secondary legislation by CER to allow for the new definition of Gas Works as per the CER s power under the Electricity Regulation Act 1999, as amended. 5

7 Table of Contents 1.0 Introduction The Commission for Energy Regulation Purpose of this paper Comments Received Background Information Structure of this paper Consideration of Legislative Context & Provisions Introduction The Electricity Regulation Act 1999 (the 1999 Act ) High level Provisions Specific Provisions Other Relevant Legislation The CER s Decision on the Scope of Non Domestic Gas Works Non-Domestic Regulatory Model Respondents Comments CER s Response CER s Decision Comments on Registration & Installer Categories Respondents Comments CER s Comments CER s Decision Comments on Non-Domestic Gas Work Exemptions Responents Comments CER s Comments CER s Decision Comments on Training and Assessments Respondents Comments CER s Comments CER s Decision Comments on Scheme Entry Requirements Respondents Comments CER s Comments CER s Decision Conclusion & Next Steps The Policy Decision on the Scope of Gas Works Next Steps Appendix A Glossary of Terms

8 1.0 Introduction 1.1 The Commission for Energy Regulation The Commission for Energy Regulation (CER) is Ireland s independent energy and water regulator. The CER was established in 1999 and now has a wide range of economic, customer protection and safety responsibilities in energy. The CER is also the regulator of Ireland s public water and wastewater system. The CER s primary economic responsibilities in energy cover electricity generation, electricity and gas networks, and electricity and gas supply activities. As part of its role, the CER jointly regulates the all-island wholesale Single Electricity Market (SEM) with the Utility Regulator in Belfast. The SEM is governed by a decision-making body known as the SEM Committee, consisting of the CER, the Utility Regulator and an independent member. The overall aim of the CER s economic role is to protect the interests of energy customers. The CER has an important related function in customer protection by resolving complaints that customers have with energy companies. In 2014 the CER was appointed as Ireland's economic regulator of the Irish public water and wastewater sector. The CER s core focus in safety is to protect lives and property across a range of areas in the energy sector. This includes safety regulation of electrical contractors, gas installers and gas pipelines. In addition the CER is the safety regulator of upstream petroleum safety extraction and exploration activities, including on-shore and off-shore gas and oil. 1.2 Purpose of this paper The purpose of this paper is to outline the Commission s final decision on the extension of the current RGI regulatory model to include works undertaken in the Non-Domestic environment The Commission carried out a full public consultation process comprising the publication of a Consultation and a Proposed Decision Paper for public comment on this topic in August 2014 and May 2015, and has considered fully the comments and submissions received and also met with stakeholders. Issues raised during the Proposed Decision consultation process will be addressed in this paper, as well as outlining the Commission s final decision on this topic. 1.3 Comments Received The Commission received 7 submissions to the proposed decision paper. Submissions were received from the following organisations or individuals: 7

9 Registered Gas Installers of Ireland (RGII); Construction Industry Federation (CIF); The Irish Liquefied Petroleum Gas (LPG) Association ; Pat Jordan; The Midland Energy Training & Assessment Centre (METAC); and Two responses from members of the public. Alongside this Decision, the Commission published each of the responses received on the Commission s website Background Information Under the provisions of the Energy (Miscellaneous Provisions) Act 1999, as amended (the 1999 Act ) by the Energy (Miscellaneous Provisions) Act 2006 (the 2006 Act ), the CER has responsibility for regulating the activities of gas installers with respect to safety. In 2007, the CER outlined its vision for the regulation of the gas installer industry with respect to safety (ref: CER/07/172). This document outlined the overall strategic objective of the Framework to ensure that adequate measures are taken to protect life and property from the dangers associated with natural gas by ensuring that gas related activities within the scope of the CER s responsibilities are carried out in a safe manner, which takes account of and mitigates against the risks associated with the supply and use of gas. This Framework document provided a vision for a comprehensive regime relating to the regulation of gas installers. The key aim of this regime is that all categories of Gas Works designated by the CER are only undertaken by competent gas installers who are registered, and subject to ongoing regulation and inspection, by the Gas Safety Supervisory Body (GSSB) appointed by the CER. The connection and re-connection of customers installations to the gas supply network and the servicing of such installations are recognised as important safety risk issues. The importance of customer education and awareness of the risks posed by the utilisation of gas is also considered an important issue. Separately legal requirements (see S.I. 225 of 2009 and S.I. No. 299 of 2011). were introduced which mean that, by law, only RGIs can carry out the installation, removal, repair, servicing, maintenance or replacement (or any combination of the foregoing) of Gas Fittings covered by I.S and/or I.S. EN , which is used or designed to be used by domestic customers or used or designed to be used by a domestic customer but 1 Irish Non-Domestic Gas Installation Standard (I.S. 813) published under the authority of the National Standards Authority of Ireland. 2 Irish Non-Domestic Gas Installation Standard (I.S. 1949) published under the authority of the National Standards Authority of Ireland. 8

10 which is installed in a commercial or industrial premises The CER has also prosecuted a number of individuals and companies that have undertaken relevant Gas Works while not being registered and also for portraying themselves as being RGIs when they were not. The CER published its final decision paper on the Scope of Gas Works with regard to Natural Gas (ref. CER/09/083) in May This decision was subsequently translated into regulations (S.I. No. 225 of 2009 ), as required under the 1999 Act, on the 26 th June S.I. No. 225 of 2009 outlines those Gas Works, regarding Natural Gas fittings, that can only be carried out by a RGI, i.e. the installation, removal, repair, servicing, maintenance or replacement (or any combination of the forgoing) of a Natural Gas fitting covered by I.S 813, which is designed to be used by a domestic customer, or which is designed to be used by a domestic customer but which is installed in a commercial or an industrial premises. On 27 th June 2011 the CER amended the definition of Gas Works to include LPG fittings covered by I.S.813 and/or I.S. EN This amended definition of Gas Works was defined in S.I. 299 of The CER designated the RGII as the GSSB in December The role of the GSSB is to regulate the work of gas installers in Ireland, with respect to safety, on behalf of the CER. RGII commenced registering Natural Gas installers in January 2009 with the regulatory system becoming fully operational in June 2009 in line with the commencement of S.I. No. 225 of The CER has appointed a GSSB, as required by law, for the next designation period commencing January This issue was included in a separate CER Consultation Paper (ref: CER/14/131) which consulted in general on issues related to scheme in addition to providing additional information on the future regulation of this sector. The CER Decision Paper (ref: CER/14/791) in relation to this was published on the 18 th December The CER, in previous documents (CER/09/083 and CER/11/022), indicated that it was envisaged to designate those works on gas fittings designed to be used by commercial gas customers as Gas Works in the medium term, when the following conditions exist: a) The new regulatory system has operated successfully in the domestic sphere for a reasonable period of time; b) Appropriate training course/courses and award(s) which relate directly to commercial Gas Works is/are widely available in the commercial arena for a reasonable period of time; and 9

11 c) A competency assessment process is in place which enables the competence of an individual to be formally assessed against the provisions of the standards applicable to the Non-Domestic Gas Work (I.S. 820 and other relevant standards). The CER has now concluded that the above conditions either exist or are capable of being achieved following this decision. The CER is of the view that, in general, the domestic scheme has worked effectively to regulate gas installers from a safety perspective. The number of RGIs registered with the RGII has remained constant despite the economic downturn. The CER investigates illegal activity and prosecutes where appropriate. The number of people being prosecuted has risen in recent years which indicate that the CER s process for the investigation of reports received is working satisfactorily. This also demonstrates the CER s commitment to continuous improvement to address any issues. Statistics show increasing awareness amongst the general public of the regulatory scheme and the benefit of using a RGI. 1.5 Structure of this paper This paper is structured as follows: Sections 2.0 describes the legislative context and provisions which underpin the designation of gas works; Section 3.0 outlines a detailed evaluation of the Commission s decision on Non- Domestic gas works; Section 4.0 Sets out the Commission s final decisions on the issue of Gas Works and its proposed next steps. 10

12 2.0 Consideration of Legislative Context & Provisions 2.1 Introduction The 1999 Act, as amended, gave CER the responsibility for the regulation of gas installers with respect to safety. The provisions relating to the Gas Works which are covered by the scheme specifically are outlined in Section 2.2 of this paper. 2.2 The Electricity Regulation Act 1999 (the 1999 Act ) High level Provisions Section 9G of the 1999 Act 3, provides for (1) The CER, having consulted with such persons as it considers appropriate, and with the consent of the Minister, may by regulations designate a class or classes of works to be Gas Works. (2) In this section works means work which is related to the installation, removal, repair or replacement of a natural gas fitting or LPG fitting. Section 2(1) of the 1999 Act 4, defines a natural gas fitting as: Any appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by (a) a domestic customer, or (b) such class or classes of industrial customer or commercial customers as the CER may specify from time to time, in connection with the consumption or use of natural gas whether the appliance, apparatus or thing is the property of a natural gas undertaking or otherwise. Section 2(1) of the 1999 Act 5, defines a LPG fitting as: Any non-portable appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by (a) a domestic customer, or 3 Inserted by Section 13 of the 2006 Act. 4 Inserted by Section 11 of the 2006 Act. 5 Inserted by the Energy (Biofuel Obligation and Miscellaneous Provisions) Act

13 (b) such class or classes of industrial customer or commercial customers as the CER may specify from time to time, in connection with the consumption or use of LPG. The definition of Gas Works was initially defined in S.I. 225 of Once Gas Works are designated by the CER, the 1999 Act makes it illegal for any person other than an RGI to carry out such works. 6 In such instances a person who is guilty of this offence will be liable to a fine of up to 5,000 and/or a prison term of up to six months upon summary conviction or conviction on indictment which can have an associated fine of up to 15,000 and/or a prison sentence of up to three years. On 27 th June 2011 the CER amended the definition of Gas Works to include LPG fittings covered by I.S.813 and/or I.S. EN This amended definition of Gas Works was defined in S.I. 299 of Specific Provisions The 1999 Act also contains specific requirements related to Gas Works including: Gas Work must be carried out in accordance with the safety requirements specified by the CER; gas installers must issue an appropriate completion certificate to the customer for any Gas Work carried out; the CER is required to specify a form of completion certificate to be used by gas installers in the above instance. The above provisions highlight the link between the customer, the gas installer and the regulatory system, as illustrated in Diagram 1 below. 6 There are certain limited exemptions for system operators, gas emergency officers and gas safety officers carrying out their functions. 12

14 Diagram 1: Operation of the Current Regulatory System 2.3 Other Relevant Legislation In addition to the 1999 Act, the Safety, Health and Welfare at Work Act 2005 (the 2005 SHWAW Act ) and regulations made under that Act are also relevant to all workers while at work, including in a domestic setting. The 2005 SHWAW Act applies to safety in the workplace generally and includes a number of relevant general protective and preventative provisions such as hazard identification, risk assessment and the preparation of safety statements. Furthermore under Section 16 of the 2005 SHWAW Act a person who supplies any article for use at work, or any substance, must ensure that, so far as is reasonably practicable, the article or substance: is safe and without risk to health when used by a person at a place of work; is given only to those who have been provided with adequate information, and revisions of such information as may become available, about the use of the article or substance, and of any conditions relating to either; complies with relevant statutory provisions; and undergoes and has undergone appropriate testing to ensure its safety. This duty falls on those who manufacture, design, import or supply any article for use in a place of work, and on those who erect, assemble or install articles for use at a place of work. There are also duties regarding testing, research and examination prior to use, and to disposal and dismantling of equipment after use. 13

15 The Safety, Health and Welfare at Work (Construction) Regulations 2013 are also relevant where the definition of construction work includes the installation, commissioning, maintenance, repair or removal of.gas.systems, or similar services which are normally fixed within or to a structure. Therefore the 2005 SHWAW Act and the associated Regulations currently place certain responsibilities upon employers with respect to the installation, commissioning, maintenance, repair or removal of Non-Domestic gas fittings. However these regulations do not require the gas installer to be registered. As such this must be considered by the CER when determining whether it is appropriate to extend the scope of Gas Works to include those Non-Domestic fittings. The benefits of a registration based regulatory model, over the 2005 SHWAW Act, is that it reassures consumers that the individual carrying out gas works has reached the minimum competency criteria to allow scheme entry, they can be confident that the installer is inspected on an annual basis and work undertaken will be certified to confirm that the works was carried out in line with the appropriate standards. As discussed above, while the 2005 SHWAW Act and associated regulations impose responsibilities in respect of employers and workers in the workplace there was no specific legislation relating to the undertaking of Gas Works by individuals in the domestic sector. This is one of the reasons that, when it was established, the RGI regulatory scheme prioritised Gas Works being undertaken in the domestic sector. The CER maintains a Memorandum of Understanding (MoU) with the Health and Safety Authority (HSA), whereby the two agencies acknowledge the responsibilities of each other and commit to working with each other in prescribe circumstances. 14

16 3.0 The CER s Decision on the Scope of Non Domestic Gas Works 3.1 Non-Domestic Regulatory Model Having reviewed responses to the Non-Domestic consultation paper, the CER proposed to extend the regulatory scheme into the non-domestic and the CER proposed to adopt the following Non-Domestic Gas Works definition. The CER proposed defining Non-Domestic Gas Works as the installation, removal, repair servicing, maintenance or replacement (or any combination of the foregoing) of gas fittings covered by I.S 820. This will include any Natural gas and LPG installation in commercial and public access buildings at maximum operating pressures not exceeding 5 bar and industrial gas installations at maximum operating pressures not exceeding 0.5 bar, from the point of delivery up to and including the appliance(s) in Non-Domestic premises. This proposal includes all works related to the installation, removal, repair servicing, maintenance or replacement (or any combination of the foregoing) of gas fittings covered by I.S 820. The CER noted that any extension to the definition of Gas Works should be conducted in line with the introduction of a non-domestic regulatory model and a public information campaign. The CER had taken into account the following points when considering the issue in respect of the proposed definition of Non-Domestic gas works: This definition reflects what has worked to date within the current scope of Gas Works by relating to an established standard as a foundation. For example, the CER utilises I.S. 813 and I.S EN 1949 to define what domestic gas appliances came within scope. The scope of Non-Domestic Gas Works should be clearly established and it is critical that it should be capable of being simply and easily communicated in the interests of ensuring it is understood by all stakeholders and, therefore, complied with. The CER believed that the above definition will give gas installers, property owners, and the general public clear guidance in what is within and outside scope in relation to Non-Domestic Gas Works. The rationale for this proposal is also based on the ability to enforce and police the scheme with respect to Non-Domestic property owners. The CER took the view that on balance and in the overall interest of public safety that the property owner or occupier should not be allowed to carry out Gas Works in their property unless they are RGIs. This view was taken having considered the following: o The CER was of the view that excluding the owner and occupier could create a loophole which could allow parties to potentially circumvent the regulatory system. There would be little, if any, incentive for a property 15

17 owner to have the work inspected and certified upon completion thereby avoiding the safety requirements of regulatory regime. The CER also took cognisance of the submissions seeking clarification of what industrial process, if any, fall within scope. The CER is mindful of the potential societal risks that may arise from works being carried out on an industrial installation installed in commercial and public access buildings by a noncompetent party. As such, the CER proposed to include industrial gas installations at maximum operating pressures not exceeding 0.5 bar within the scope of Non-Domestic works. Such works are already within scope of I.S Industrial Installations above 0.5 bar are not within scope of I.S. 820 and as such will not be defined as Non-Domestic Gas Works. The introduction of Non-Domestic Gas Works in general increases public safety whereby all Non-Domestic Gas Works shall be carried out by competent RGI. The work is then certified by the RGI with a signed declaration stating that all of the works carried out were undertaken to current relevant technical standards. This reduces the public safety risk associated with a non-compliant installation that has been carried out by a non-competent party which could potentially result in poor workmanship of the installation that could result in fires or injury. The introduction of Non-Domestic Gas Works will make it illegal for non-rgis to carry out such works. Consequently, if the CER or an SSB receives a complaint from a member of the public regarding a Non-Domestic installation which was completed by a non-rgi, the CER has the power to take the necessary legal action against the non-rgi which could result in a criminal conviction against that person or company The proposed decision also set out the CER s rationale for not including industrial gas customers in the definition of gas works. The 2005 SHWAW and the associated regulations also place clear responsibilities with respect to the installation, commissioning, maintenance, repair or removal of natural gas fittings which are used or designed to be used by an industrial customer. The proposed decision stated that the CER would not extend the regulatory model and the definition of gas works to include those works on natural gas or LPG fittings above I.S.813 which are designed to be used by Industrial Gas Customers given that: The Health and Safety Authority already has an enforcement role in this area; and The generic regulatory model, implicit under the 2006 Act, is not appropriate to address the safety risks associated with the industrial area given the unique and specialised nature of industrial processes. However, the Commission will maintain a watching brief on the safety statistics in this area, and will not close off the possibility of regulating industrial works if it deems this appropriate in the future. 16

18 3.1.1 Respondents Comments In the proposed decision document the CER outlined the benefits in extending the current RGI regulatory model to include works undertaken in the Non-Domestic environment and the purpose of the consultation paper was to illicit the views of all relevant stakeholders regarding this proposal. The CER notes that there was broad acceptance of the proposed regulatory model. One respondent suggested there should be further consultation as fitter and tradesmen involved in this area have had very little input CER s Response Following consideration of all the comments received, the CER outlines its response as the following; This proposal was widely consulted on and also there were many bi-lateral meetings. The CER remains available to meet any party to discuss this decision and its implementation. The CER will adopt the defined scope of I.S. 820, which is that all works on Natural gas and LPG installations in commercial and public access buildings at maximum operating pressures not exceeding 5 bar and industrial gas installations at maximum operating pressures not exceeding 0.5 bar, from the point of delivery up to and including the appliance(s) in Non-Domestic premises are within the scope of Gas Works. All other appliances are not within scope CER s Decision The RGI scheme will be extended to include non-domestic works. Non-Domestic Gas Works are defined as the installation, removal, repair servicing, maintenance or replacement (or any combination of the foregoing) of gas fittings covered by I.S 820. This includes any Natural gas and LPG installation in commercial and public access buildings at maximum operating pressures not exceeding 5 bar and industrial gas installations at maximum operating pressures not exceeding 0.5 bar, from the point of delivery up to and including the appliance(s) in Non-Domestic premises. This proposal includes all works related to the installation, removal, repair servicing, maintenance or replacement (or any combination of the foregoing) of gas fittings covered by I.S

19 3.2 Comments on Registration & Installer Categories In its proposed decision, the CER opted for the creation of four Non-Domestic installer categories. These represent the different categories that non-domestic gas installers can become registered. A non-domestic RGI can make a separate registration application for each type as required. These categories are: Catering and Laundry: o Installation, commissioning, servicing, maintenance or replacement (or any combination of the foregoing) of specially designed Catering or Laundry gas appliances and fittings. Heating Appliances, including Boilers: o Installation, commissioning, servicing, maintenance or replacement (or any combination of the foregoing) of gas fittings specially classed as a heating appliance or boiler. Gas Pipework: o Installation, purge, test and commission, modification, maintenance or replacement (or any combination of the foregoing) of gas pipework Power Generation: o Installation, purge, test and commission, modification, maintenance or replacement (or any combination of the foregoing) in accordance with I.S 820 of gas fittings classed as power generating appliances Respondents Comments The CER sought comments from interested parties on the CER s proposed decision regarding the Non-Domestic gas installer categories. The CER notes that there was broad acceptance of the proposed installer categories, one respondent suggested there should be further consideration with regards to associate membership CER s Comments The CER also notes the broad industry support for Non-Domestic installer categories. The CER has maintained its position that it does not support the creation of an Associate Membership Category. As stated previously in the CER s proposed decision paper, the CER believes that all scheme entrants should meet a minimum criteria as outlined in the scheme criteria document. Whilst the manufacturer s specialist may work in an advisory 18

20 capacity with a Non-Domestic registered gas installer, the manufacturer s specialist cannot conduct Non-Domestic works unless they are registered as a Non-Domestic RGI. The CER notes that by stating that an Associate Member could work on a bespoke appliance the CER would no longer be giving clear guidance to installers, property owners, and the general public as to what is within and outside scope in relation to Non- Domestic Gas Works as the term bespoke is not quantifiable. It is also noted that this is similar to the UK regime in which all gas work is governed by the Gas Safety (Installation & Use) Regulations 1998 (ed ). For information, this UK Regulation states that anyone working on gas must be a member of a class of persons approved by the HSE which in turn is the Gas Safe Register. The CER notes that additional industry consultation will be required for the structure of Non-Domestic Gas Work Certification for each installer category and this work will follow this decision CER s Decision The CER will establish system that facilitates the registration of individuals and companies with their own insurances as exists in the current domestic regulatory model The CER will create the following four categories of installer in the Non-Domestic Scheme: Catering and Laundry: o Installation, commissioning, servicing, maintenance or replacement (or any combination of the foregoing) of specially designed Catering or Laundry gas appliances and fittings. Heating Appliances, including Boilers: o Installation, commissioning, servicing, maintenance or replacement (or any combination of the foregoing) of gas fittings specially classed as a heating appliance or boiler. Gas Pipework: o Installation, purge, test and commission, modification, maintenance or replacement (or any combination of the foregoing) of gas pipework Power Generation: o Installation, purge, test and commission, modification, maintenance or replacement (or any combination of the foregoing) in accordance with I.S 820 of gas fittings classed as power generating appliances. 19

21 3.3 Comments on Non-Domestic Gas Work Exemptions In the proposed decision document, the CER proposed that Non-Domestic Gas Works will cover any work on a gas fitting within the scope of I.S.820, with the following exemptions; The design of Gas Works; Work on the point of delivery and upstream of the point of delivery; Work on gas fittings for the supply of gas for automotive use; Connection or replacement of a flexible connector connecting a refillable cylinder to installation pipework; Work on mobile gas appliances; Work on a single LPG installation without fixed pipework, achieved by a flexible connector from an adjacent LPG storage cylinder (e.g. cabinet heater, barbecue, patio heater); Work that is specifically designed to be effected by a person without the use of a tool; The manufacture of gas fittings; and Welders working on dry gas pipework Respondents Comments The CER sought comments from interested parties on the CER s proposals regarding the exemptions in respect of Non-Domestic gas installer categories. The CER notes that there was broad acceptance of the proposed exemptions. However, one respondent requested clarity on certain exemptions. The CER met with this respondent to provide additional clarity regarding scheme exemptions. The CER confirmed that any appliance not covered by I.S.820 would not be defined as Non-Domestic Gas Works CER s Comments Following consideration of all the comments received, the CER notes the broad support for the exemptions listed in the CER s proposed decision document. The CER had previously noted the additional recommendations for exemptions from industry. After engagement with a respondent, the CER has excluded the examples set out in relation to LPG installations as these were more domestic focused. The CER considers that the definition exemption relating to LPG installations is clear in that it relates to fixed pipework with a flexible connector. 20

22 This decision has determined that non-domestic gas works will cover any work on a gas fitting within the scope of I.S Given that this is the case, certain types of works will be exempted by default, and some of these are listed below (e.g. point 3 - work on gas fittings for the supply of gas for automotive use is outside the remit of gas works). With regard to point 4 in respect of flexible connectors, in the majority of cases, flexible connectors would not be required in non-domestic environments because the systems would be piped directly to the point of use. This is also the case for exemption 6 which refers to LPG installations with flexible connectors. The majority of non-domestic gas systems would have fixed pipework and not use flexible connectors off an LPG installation. While the CER has set out its decision in relation to the list of exemptions, this list will be subject to ongoing review CER s Decision The CER has now determined that Non-Domestic Gas Works will cover any work on a gas fitting within the scope of I.S.820, with the following exemptions; 1. The design of Gas Works; 2. Work on the point of delivery and upstream of the point of delivery; 3. Work on gas fittings for the supply of gas for automotive use; 4. Connection or replacement of a flexible connector connecting a refillable cylinder to installation pipework; 5. Work on mobile gas appliances; 6. Work on a single LPG installation without fixed pipework, achieved by a flexible connector from an adjacent LPG storage cylinder; 7. Work that is specifically designed to be effected by a person without the use of a tool; 8. The manufacture of gas fittings; and 9. Welders working on dry gas pipework. 3.4 Comments on Training and Assessments In the proposed decision, the CER proposed to introduce a competency assessment on a five year basis for Non-Domestic RGIs. It was proposed that a suitable committee would be required to prepare the assessment in advance of its implementation and consider the appropriate content. 21

23 In respect of training requirements the CER proposed the introduction of a core gas safety course with additional modules, which reflect the different proposed Non- Domestic RGI categories, i.e. Catering and Laundry, Heating Appliances, including Boilers, Gas Pipework and Power Generation. In order to become registered in any specific category an individual would be required to complete the core safety module and the associated category module. The CER is of the opinion that a suitable length of time will be required for training providers to prepare and offer suitable training courses prior to introducing the requirement to attend these training courses in order to become registered. The existence of these courses will be a prerequisite before the CER can implement this scheme Respondents Comments The CER sought comments from interested parties regarding the training course(s) that will be required regarding Non-Domestic Gas Works and on the assessment. Respondents were asked to consider the potential for different installer category types. In general, respondents supported the creation of a core gas safety course with an additional module for each of the specific installer categories. Respondents suggested a modularised version of the existing Commercial Gas Safety Course (CGS) could be used to create a core gas safety course with an additional module for each of the specific installer categories The majority of respondents supported the introduction of the 5 year competency assessment. One respondent recommended omitting the 5 year competency assessment and to instead replace this model with continuous professional development CER s Comments There is a Non-Domestic Gas Installation Standard (I.S. 820) which covers the installation of Natural Gas and LPG fittings in a Non-Domestic setting. The structure of the standard I.S. 820 will allow for the development of a competency assessment process. A comparable competency assessment based on I.S. 813 has already been successfully introduced in the Domestic Scheme. This competency assessment will demonstrate that an individual is competent to undertake the Gas Work in accordance with the provisions of the standard. The CER is also of the opinion that the arrangement whereby RGIs are assessed once every five years by a certified assessment centre in a manner which is consistent and verifiable is the most suitable and robust methodology to ensure that RGIs remain competent. 22

24 This nature of this type of work lends itself to development of generic training courses and associated qualifications. The CER has decided the best approach is the development of a core domestic safety course with courses for each Non-Domestic installer category type. The CER is committed to working with QQI and training providers now to develop the existing commercial gas safety course to meet the proposed training requirements. The timing for this will be detailed further in the CER s next steps paper on Non-Domestic Gas Works CER s Decision In relation to training requirements, there will be a core gas safety course and four additional modules reflecting the non-domestic categories. The CER will work with relevant stakeholders in relation to the development of the courses and the implementation of these courses. The CER will introduced an arrangement whereby RGIs are assessed once every five years by a certified assessment centre 3.5 Comments on Scheme Entry Requirements When the current RGI regulatory model was introduced in 2009 a period of time was allowed for installers to register without having sat the appropriate training course. This allowed installers to join the RGI scheme while they were undertaking the appropriate training etc. and as such did not preclude any installer from obtaining an income, while gaining the appropriate qualifications. This allowance was only retained for a set period of time. The scope of the scheme entry requirements were later determined by a standard and developments group. The CER proposed that a similar requirement as listed above be introduced with the extension of the RGI scheme to include Non-Domestic Gas Works. The CER proposed that individuals currently carrying out Non-Domestic gas works present a portfolio of work to the GSSB. The GSSB will create a panel of experts (GSSB Scheme Entry Panel) who will access the portfolio of work as a mechanism to determine the applicant s suitability for scheme entry. It was proposed that for the first year in order for an individual to become registered they must provide a portfolio of work, as described above, i.e. the scheme entry criteria for the first year will be subject to the approval on the GSSB Scheme Entry Panel. 23

25 In the second year of the scheme s operation entrants must provide evidence of working in the sector, i.e. a portfolio of work, and complete the Non-Domestic gas safety training modules to include a core module and an appropriate module in respect of the category of Non-Domestic RGI that they are applying for. At this time the existing members who entered in year one will also be required to complete the Non-Domestic gas safety training modules to include a core module and an appropriate module in respect of the category of Non-Domestic RGI that they are registered for. In its proposed decision the CER outlined that the exact pre-requisites regarding the entry to the current domestic RGI scheme were outside the scope of the consultation process. However it should be noted that the prerequisites that a gas installer must meet to become an RGI in the current regulatory model are; A Domestic Gas Safety Award (DGS); or, A Gas Installer Safety (GIS) and a Gas Installer Domestic (GID) award or equivalent; AND A level 6 advanced craft certificate in Gas Fitting, Electrical, Plumbing, or Refrigeration. In year three and thereafter, it was proposed that the prerequisites that a Non-Domestic gas installer must meet to become a Non-Domestic RGI in the regulatory model would be; Core Domestic Safety Course; Appropriate Non-Domestic module specific to the Installer Category; AND A level 6 advanced craft certificate in Gas Fitting, Electrical, Plumbing, or Refrigeration, or other trade as deemed appropriate (as outlined below). The CER proposed to consult with appropriate stakeholders in respect of the appropriate trades to allow entry into the Non-Domestic RGI scheme Respondents Comments Respondents were broadly in favour of maintaining the existing craft certificates as a pre-requisite for the Non-Domestic scheme entry. Some respondents also suggested adding additional craft certificates such as Mechanical, Automation & Maintenance Fitting (MAMF) and Pipe Fitting. 24

26 Two respondents outlined their concerns that non domestic gas installers could not operate as domestic gas installers. Respondents broadly supported the creation of an initiative to facilitate the transition of existing non domestic gas installer into the regulatory model similar to that which was utilized during the introduction of the domestic regulatory model CER s Comments The CER has previously committed to consulting with appropriate stakeholders in respect of the appropriate trades to allow entry into the Non-Domestic RGI scheme. With regards to Non Domestic Gas Installers operating in the domestic sphere, a nondomestic gas installer can operate in the domestic sphere if they meet the minimum scheme entry criteria for domestic registered gas installers and become registered gas installers for this scheme CER s Decision The CER will now engage with relevant stakeholders in respect of the appropriate trades to allow entry into the Non-Domestic RGI scheme. The CER will also consider the format of the initial changeover phase (as was in place for the domestic scheme when it was initially introduced). This may include provisions for those already working in the industry which may permit them to provide a portfolio of work in the first year of registration for review by an expert Scheme Entry Panel. 25