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

Transcription

1 Extension of the Registered Gas Installer Scheme to include Non-Domestic Gas Works DOCUMENT Proposed Decision Paper TYPE: REFERENCE: CER/15/104 DATE PUBLISHED: CLOSING DATE: RESPONSES TO: 15 th May th June 2015 Paul Byrne The Commission for Energy Regulation, The Exchange, Belgard Square North, Tallaght, Dublin 24.

2 Abstract Abstract: The Electricity Regulation Act 2009, as amended by the Energy (Miscellaneous Provisions) Act 2006, provided the CER with the responsibility to regulate gas installers with respect to safety. The CER is committed to ensuring that its approach to this 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 Proposed Decision paper, to extend the existing Registered Gas Installer (RGI) regulatory scheme, which governs the work of RGIs in the domestic sphere, to include those works on Natural Gas and LPG fittings in the non-domestic sphere. This will be achieved by designating these non-domestic works as Gas Works, via the introduction of a Statutory Instrument. This would make it a legal requirement that only Non-Domestic RGIs can carry out Non-Domestic Gas Works. The CER published a Consultation Paper (CER/14/125) in 2014 and following consideration of all responses received is now publishing this Proposed Decision. Target Audience: This proposed decision paper is of relevance to the Non-Domestic gas installer industry, the gas industry, other stakeholders 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 No-Domestic Gas Works (ref: CER/14/425) Consultation Document; and Regulation of the Gas installer Industry with Respect to Safety from 2016 Decision Paper (ref: CER14/791).

3 Relevant national standards in this area are: I.S. 813 Domestic Gas Installations; I.S.820 Non-Domestic Gas Installations; Responses to these proposed decisions should be returned by , post or fax and marked for the attention of Paul Byrne at: The Commission for Energy Regulation, The Exchange, Belgard Square North, Tallaght, Dublin 24. Fax: The CER intends to publish all submissions received. Respondents who do not wish part of their submission to be published should mark this area clearly and separately or enclose it in an Appendix, stating the rationale for not publishing this part of their comments.

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 designated by CER as the Gas Safety Supervisory Body (GSSB) in 2008 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 prioritised 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 those works on Natural Gas and LPG fittings designed to be used by commercial gas customers as Gas Works once a number of conditions existed. 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 is now publishing this Proposed Decision Paper. This document proposes the extension of the current RGI regulatory model to include works undertaken in the Non-Domestic environment. This would build on the elements of the existing domestic scheme which are functioning well to date, with some modifications with regard to bringing benefits in the interest of safety in some areas. Some of the main proposals are outlined below.

5 The definition of the works which would be covered by this proposed new regulation is a key issue that has been carefully considered including views from consultees on this issue which will determine what works fall within the regulatory scheme. In this regard, it is proposed in this paper 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 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 When the required regulations are in place it is proposed that the above definition of Non-Domestic Gas Works can only be legally carried out by a Non-Domestic RGI from the appliances specific installer category type. 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. In the CER s recent consultation regarding the future of the domestic regulatory scheme (CER/14/131) the CER outlined its intention to introduce different installer categories in the future. It is proposed that the Non-Domestic regulatory scheme shall follow this model and contain four distinct installer category types: Gas Pipework; Heating Appliances, including Boilers; Catering and Laundry; and Power Generation Although the annual inspection by RGII of RGIs is one means of ensuring RGIs competency, the CER notes that one of the limitations of the annual inspection is that it does not allow the RGI to be inspected on a range of appliances. There is currently a requirement in place 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. The CER is satisfied that a combination of both the annual assessment and the five year assessment will facilitate an appropriate assessment of the RGI s overall competency. Comments are invited on this proposed decision as outlined in Section 1.6 of this paper. Following consideration of these comments, a final decision will be published in due course. It is intended that elements of the final decision will feed into the overall approach through which the CER regulates this industry.

6 Comments are welcome to this proposed decision in accordance with Section 1.6 of this paper by close of business of the 12 th June It should be noted that if the CER Final Decision document indicates that it is appropriate for Non-Domestic Gas Works to be included in the RGI regulatory model, the CER will then commence the following during 2015/2016: Finalise a timeframe for introduction of requirement and move to seek 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; and An appropriate publicity campaign will be required to ensure that all relevant stakeholders are aware of the amendment to the regulatory scheme.

7 Table of Contents Abstract... 2 Executive Summary Introduction The Commission for Energy Regulation Purpose of this paper Background to the Registration of Gas Installers Structure of this paper Responding to this paper Legislative Context of Registered Gas Installer Scheme Introduction The Electricity Regulation Act 1999 (the 1999 Act ) High level Provisions Specific Provisions Other Relevant Legislation CER Proposed Decision on the Scope of Non-Domestic Gas Works Options regarding the Introduction of Non-Domestic Gas Works Response to the Non-Domestic Gas Works Consultation Paper CER s Proposed Definition Comments and CER Responses Non-Domestic Regulatory Model Respondents Comments CER s Response CER s Proposed Decision Comments on Registration & Installer Categories Respondents Comments CER s Comments CER s Proposed Decision Comments on Non- Domestic Gas Work Exemptions Respondents Comments CER s Comments CER s Proposed Decision Comments on Training and Assessments Respondents Comments CER s Comments CER s Proposed Decision Comments on Scheme Entry Requirements Respondents Comments CER s Comments CER s Proposed Decision Summary & Next Steps Appendix B Glossary of Terms... 25

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 CER is committed to ensuring that its approach to regulation of gas installers evolves over time to ensure an appropriate level of gas safety in Ireland. The CER, through this consultation process has reviewed the merits and issues associated with the proposed extension of the current RGI regulatory model to include Non-Domestic gas works and these are presented in this paper. Within the consultation paper in August 2014, the CER considered expanding the definition of Gas Works to include those works regarding the installation, removal, repair, servicing, maintenance or replacement (or any combination of the foregoing) covered by I.S used or designed to be used by a commercial customer or used or designed to be used by a commercial customer but which is installed in an industrial or domestic premises. Following a consideration of all responses received the CER is now publishing this proposed decision paper for comment. The following areas were not within the scope of the consultation: 1 Irish Non-Domestic Gas Installation Standard (I.S. 820) published under the authority of the National Standards Authority of Ireland (2003). Page 1

9 Any changes required following consultation in current standards, or technical documents, relating to the current scope of Non-Domestic Gas Works. If any such amendments were required the CER would liaise with the National Standards Authority of Ireland (NSAI) on this matter; Any changes required following consultation to the way the CER interacts with external bodies; and, The current RGI regulatory model regarding domestic gas works. 1.3 Background to the Registration of Gas Installers 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. Subsequently the Register of Gas Installers of Ireland (RGII) was appointed by the CER to act as the GSSB for a period of seven years commencing in January The CER has published a Criteria Document which outlines how the GSSB should operate on a day-to-day basis. This document was originally published in 2008 and the most recent version (ref: CER/08/130) is available on the CER website. Separately the CER has introduced legal requirements 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 2 Irish Non-Domestic Gas Installation Standard (I.S. 813) published under the authority of the National Standards Authority of Ireland. 3 Irish Non-Domestic Gas Installation Standard (I.S. 1949) published under the authority of the National Standards Authority of Ireland. Page 2

10 used or designed to be used by a domestic customer but which is installed in a commercial or industrial premises (see S.I. 225 of 2009 and S.I. No. 299 of 2011). 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. This work, and other matters relating to overseeing the regulation of gas installers, are discussed later in this document. The CER will appoint 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 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 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, 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 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). Page 3

11 As will be illustrated in this paper, the CER has now concluded that the above conditions either exist or are capable of being achieved. The CER is of the view that, in general, the 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 number of people being prosecuted where unregistered individuals and companies carry out Gas Works or portray themselves as being registered has risen sharply in recent years which indicates that the CER s investigation of reports received is working satisfactorily. This also demonstrates the CER s commitment to continuous improvement to address any issues. CERs recent consultation regarding the future of the domestic regulatory scheme also highlighted elements of the scheme which will remain a focus for CER going forward and these are discussed in further detail in this paper. In relation to training, even though Non-Domestic gas training courses and means of appropriate assessments are not yet widely available training providers are in the process of engaging with Quality and Qualifications Ireland (QQI) to put these in place. The CER is confident that should this regulation be introduced, appropriate training courses will be developed by training providers and they will become incentivised to do so to meet this need for gas installers who wish to work in this sphere to be regulated. The implementation of any new requirement will take some time so therefore, the CER is satisfied that now is the appropriate time to consult on extending the RGI scheme to include the undertaking of Non-Domestic Gas Works (both Natural Gas and LPG) regarding gas appliances used by commercial customers. In the initial consultation document the CER proposed that the extension of the regulatory model and the amendment of the definition of Gas Works would not include those works on gas fittings used or designed to be used by Industrial customers. However, having reviewed respondents views, and after considering implications from a regulatory and enforcement perspective, the CER is now proposing to also include a limited amount of industrial gas fittings. This shall be discussed in more detail in Section 3.0. Page 4

12 1.4 Structure of this paper This paper is structured as follows: Section 2: Section 3: Section 4: Section 5: Describes the legislative context and provisions relating to the designation of Gas Works. CER s proposed decision on the Scope of Non-Domestic Gas Works Respondents Comments, CER s Response, & Proposed Decision Sets out the next steps in this process and the CER s timetable for this consultation and the subsequent decision. 1.5 Responding to this paper Comments should be sent to Paul Byrne, Gas Safety Supervision Analyst, no later than 12 th June Comments in electronic format to pbyrne@cer.ie are preferable; however comments may also be posted or faxed to the CER at the following address: The Commission for Energy Regulation, The Exchange, Belgard Square North, Tallaght, Dublin 24. Fax: The CER intends to publish all submissions received. Respondents who do not wish part of their submission to be published should mark this area clearly and separately or enclose it in an Appendix, stating the rationale for not publishing this part of their comments. Page 5

13 2.0 Legislative Context of Registered Gas Installer Scheme 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 4, 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 5, 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 6, defines a LPG fitting as: 4 Inserted by Section 13 of the 2006 Act. 5 Inserted by Section 11 of the 2006 Act. 6 Inserted by the Energy (Biofuel Obligation and Miscellaneous Provisions) Act Page 6

14 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 (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. 7 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. 7 There are certain limited exemptions for system operators, gas emergency officers and gas safety officers carrying out their functions. Page 7

15 Designated Classes of Gas Works Customer requires work to be undertaken on Gas Fitting ( Gas Work ) Gas Works installed and certified as safe against applicable standard by a competent gas installer using approved gas fitting/ appliances RGI issues Completion Certificate to the Customer Gas Work can only be carried out by a Register Gas Installer (RGI) with the rights to undertake that class of Gas Works RGI undertakes Gas Works in accordance with Standard RGI self certifies that the Gas Work is in accordance with Standard Diagram 1: Operation of the 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. Page 8

16 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. This is discussed further in Section 4.2 together with a more comprehensive discussion regarding the risks associated with Non- Domestic Gas Works. 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 certain circumstances. Page 9

17 3.0 CER Proposed Decision on the Scope of Non-Domestic Gas Works 3.1 Options regarding the Introduction of Non-Domestic Gas Works The CER has always endeavoured to link the definition of Gas Works to the appropriate national gas standard. The current scope of Gas Works relates to the installation, removal, repair, servicing, maintenance or replacement (or any combination of the foregoing) of gas fittings covered by I.S. 813 and/or I.S EN 1949 used or designed to be used by domestic customers. This includes those gas fittings including appliances designed to be used by domestic customers. The CER s decision paper on the Definition for the Scope of Gas Works (ref. CER/09/083) related to natural gas only. The CER extended the scope regarding the definition of Gas Works to include LPG fittings covered by I.S.813 and/or I.S. EN 1949 (ref: CER/11/022). This amended definition of Gas Works was defined in S.I. 299 of Response to the Non-Domestic Gas Works Consultation Paper In the Consultation Paper the CER proposed extending the definition of Gas Works to include those works on Non-Domestic gas fittings (both natural gas and LPG) covered by IS The CER notes that there was general support for using the IS. 820 standard as a foundation on which to define Gas Works subject to clarity being provided to identify what is out of scope or exempt. In its consideration of extending the scope of Gas Works to include Non-Domestic gas appliances the CER has reflected on the success of the current scope of Gas Works relating to domestic appliances. In developing the current scope of Gas Works the CER utilised I.S. 813 and I.S EN 1949 to define what domestic gas appliances came within scope. The CER s view is that a similar methodology should be followed to extend the current scope of Gas Works to Non-Domestic gas fittings and that this can be done so by utilising the Irish Standard I.S The scope of the Irish Standard I.S. 820 includes the requirements for 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. Page 10

18 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 CER s Proposed Definition Having reviewed responses to the Non-Domestic consultation paper, the CER proposes to adopt the below Non-Domestic Gas Works definition. The CER proposes 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 notes that any extension to the definition of Gas Works should be conducted in line with the introduction of a regulatory model and a public information campaign. The CER have taken into account the following points while considering the issue in respect of the proposed definition of Non-Domestic gas works: This definition allows the CER to reflect what has worked to date with 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 believes 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 is 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 owner to have the work inspected and certified upon completion thereby avoiding the safety requirements of regulatory regime. Page 11

19 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 have 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 Page 12

20 4.0 Comments and CER Responses In establishing the proposed definition of Non-Domestic Gas Works as outlined in Section 3.4, the CER took into account the views of respondents received to date with regards to a number of key areas and the implications from a regulatory perspective in implementing such views. These areas are discussed in more detail within this section. 4.1 Non-Domestic Regulatory Model The CER describes in its decision paper, Vision for the Regulation of Gas Installers with Respect to Safety (ref. CER/07/225), the generic regulatory model it has established to regulate gas installers with respect to safety in accordance with the 1999 Act. Essentially this involves: Designating categories of Gas Works which may only be undertaken by individually registered installers who are competent, operating to the appropriate standard, using the appropriate materials, who will certify their work as safe and will be subject to ongoing regulation and inspection by the Gas Safety Supervisory Body. This generic model is illustrated in Diagram 2 and broadly involves the following: 1. The CER specifies Gas Works (or classes of Gas Works) which may only be undertaken by an RGI; 2. In order to become registered the individual must: i. Have achieved appropriate qualifications as detailed in the criteria document; ii. iii. Have their competence formally assessed against the provisions of the standard applicable with that Gas Work; Agree to work in accordance with the applicable standard, and the safety requirements of the regulatory system through signing the terms and conditions of membership; In this way the CER can satisfy itself that the individually registered installer is competent in undertaking that Gas Work and commits to working to the standard appropriate to the Gas Work. Page 13

21 3. The customer requires a specific class of Gas Works to be carried out and requests an RGI to undertake it. 4. The RGI undertakes the work in accordance with the standard certifies it as such and finally issues a completion certificate to the Customer. The outcome of the application of this regulatory model is that Gas Works are installed and certified as safe against the applicable safety standard by a competent RGI using approved gas fittings/appliances. This model has been in place for natural gas installers carrying out domestic Gas Works, as defined in S.I. No. 225 of 2009, since 26 th June 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 day to day running of the regulatory scheme is carried out by the GSSB with oversight by the CER. The 1999 Act, as amended, also provides the CER with enforcement powers regarding non-registered individuals undertaking Gas Works and also for non-registered individuals portraying themselves as an RGI. The CER has undertaken a number of prosecutions in this regard. Page 14

22 Designated Classes of Gas Works Customer requires work to be undertaken on Gas Fitting ( Gas Work ) Gas Works installed and certified as safe against applicable standard by a competent gas installer using approved gas fitting/ appliances RGI issues Completion Certificate to the Customer Gas Installer Registration System In order to become registered a individual must achieve/have the following Gas Work can only be carried out by a Register Gas Installer (RGI) with the rights to undertake that class of Gas Works RGI undertakes Gas Works in accordance with Standard RGI self certifies that the Gas Work is in accordance with Standard Qualification Requirements Sign Terms & Conditions of Membership Competency Assessment Against Standard A) Applicable Insurance B) Membership Fee C) T & C of Membership Signed => Agree to work in accordance with the Criteria Document => Agree to work in accordance with Standards Diagram 2: Illustration of the Regulatory Model Page 15

23 4.1.1 Respondents Comments In the consultation 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, however most respondents commented that clarity is required as to the exact scope of the works that will be included as Non-Domestic Gas Works CER s Response Following consideration of all the comments received, the CER proposes the following; The CER recognises that clarity is required on what does not constitute Gas Works in a Non-Domestic setting. As such, the CER proposes to 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 Proposed Decision The CER proposes to extend the current RGI regulatory model to include Non-Domestic gas works. Although the training course referred to above is not in place at the moment, the broad generic regulatory model approach is suitable to enable the CER to satisfy itself that the individually registered installer is competent in undertaking that Non- Domestic Gas Work, in accordance with I.S Comments on Registration & Installer Categories In the consultation document the CER welcomed comments with regards to the registration of entities and the following proposed categories a) individuals with their own insurances b) companies with own insurance c) or both In addition, the consultation document also sought comments in relation to the installer category types outlined which proposed; a) one single category of RGI to undertake Gas Works in respect of both domestic and Non-Domestic type fittings; Page 16

24 b) two distinct installer category types of RGI, one to undertake Gas Works in respect of domestic type fittings and one single category to undertake Gas Works in respect of Non-Domestic type gas fittings; or c) four distinct installer category types of RGI, one to undertake Gas Works in respect of domestic type fittings and three category types to undertake Gas Works in respect of Non-Domestic type gas fittings Respondents Comments The CER sought comments from interested parties on the CER s proposals regarding the exceptions in respect of Non-Domestic gas installer categories. The majority of responses recommended four distinct categories; Catering and Laundry; Heating Appliances, including Boilers; Gas Pipework; Associate Membership. The first three categories refer to appliance, or task specific, categorisation. The final category of Associate Membership was recommended to address what the respondents believed was the need to accommodate foreign based manufacturer trained specialists who may be required to carry out work in bespoke appliances. The submissions suggested that a specialist be granted a temporary registration status which qualified for an exemption from the standard scheme entry criteria and instead provide unaccredited documents outlining the extent of their training with the manufacturer s appliance CER s Comments Following consideration of all the comments received, the CER notes the broad support in establishing a system that facilitate the registration of individuals and companies with their own insurances as exists in the current domestic regulatory model The CER notes the broad industry support for Non-Domestic installer categories. The CER would concur with the submissions regarding the creation of the following categories: Catering and Laundry; Heating Appliances, including Boilers; Gas Pipework. However, the CER does not support the creation of an Associate Membership Category. 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 capacity with a Non-Domestic registered gas installer, the manufacturer s Page 17

25 specialist cannot conduct Non-Domestic works unless they are registered as a Non- Domestic RGI. In addition, it would not be feasible from an operational perspective for the GSSB to grant temporary registration outside of office hours or over weekends. 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 ). 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 has also considered the inclusion of a Power Generation category to include those gas works in respect of power generators, etc. that may be undertaken in accordance with I.S 820. The CER notes that these types of appliances do not fit within any of the aforementioned categories. As such an additional category of Power Generation was considered CER s Proposed Decision Following consideration of all the comments received, the CER notes the broad support in establishing a system that facilitate the registration of individuals and companies with their own insurances as exists in the current domestic regulatory model In addition following consideration of all the comments received, the CER has now opted for the creation for three Non-Domestic installer categories. These are: Catering and Laundry: o Installation, commissioning, servicing, maintenance or replacement (or any combination of the foregoing) 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: Page 18

26 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. 4.3 Comments on Non- Domestic Gas Work Exemptions In the consultation document, the CER proposed that Non-Domestic Gas Works will cover any work on a gas fitting within the scope of I.S.820 that is used or designed to be used by a commercial customer, with the following exceptions; 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 or other gas propelled vehicles; 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 Bespoke appliances complete with flueing for industrial customers Respondents Comments The CER sought comments from interested parties on the CER s proposals regarding the exceptions in respect of Non-Domestic Gas Works. The following exemptions were suggested by respondents; Welders working on dry pipelines; Mobile Liquid and by-phase gas installations e.g. Tar Tankers, Mobile Grain Dryers; CHP systems; and General operatives assisting a gas fitter to lift heavy equipment CER s Comments Following consideration of all the comments received, the CER notes the broad support for the exemptions listed in the CER s consultation document. Page 19

27 The CER has noted the additional recommendations for exceptions from industry. The CER specifically notes the broad support for mobile gas installations and welders working on dry pipelines to be excluded The CER noted that some Non-Domestic appliances may be heavy in nature and an installer may require assistance in the lifting on such appliances. However, the lifting of an appliance does not qualify as Gas Works within the proposed definition. However, the CER does not support the exemption of CHP systems. The CER believes that any CHP system installed in commercial and public access buildings must be installed by a competent party that has reached minimum competency criteria as outlined in the scheme criteria document. In cases of a specialist installation, the CHP specialist may work in an advisory capacity to a Non-Domestic RGI, however the CHP specialist cannot conduct Non-Domestic gas works unless they are registered as a Non- Domestic gas installer CER s Proposed Decision After consideration of all submissions received, the CER now proposes that Non- Domestic Gas Works will cover any work on a gas fitting within the scope of I.S.820, with the following exceptions; 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. 4.4 Comments on Training and Assessments The CER notes that progress is being made with respect to the development of appropriate training course/courses and award(s) which relate directly to Non-Domestic Gas Works, i.e. QQI have published documentation regarding a Commercial Gas Safety course (Note: The QQI Documentation (Code Ref: 6N16014 and 6U16016) is available Page 20