Legal Gas Stories Covered in the Press
Below you can read some of the problems you can come across by not taking the correct precautions and procedures in the use of Gas and appliences. These are a few stories that have appeared in the press in connection with Gas and appliences.
Installer fined £7000 after elderly couple died
A FORMER gas engineer who fitted a boiler in the home of an elderly Birmingham couple who died from carbon monoxide poisoning has been fined £7,000. James and Esther Reeves, who were both in their early 80's died within hours of switching on their central heating on a freezing cold day, Birmingham Crown Court heard.
Michael Brown had originally been charged with the couple's manslaughter but he denied the charges and the prosecution did not proceed with them. But Brown, from Uttoxeter, Staffordshire, pleased guilty to a charge under health and safety legislation of exposing the Reeves to carbon monoxide fumes.
John Saunders, QC, prosecuting, and Mr and Mrs Reeves employed Brown, who traded as Midas Gas Services, in July 1999 to replace the boiler in their flat in Sutton Coldfield. But in fitting it, Brown left a gap which meant that carbon monoxide fumes seeped into the flat rather than being expelled safety through the flue, the court heard.
Mr Saunders said that, on an extremely cold day in December 2000, Mr and Mrs Reeves switched on their central heating. Their daughter and grand-daughter came to visit that night and found the couple dead in the living room.
"There were by now serious levels of carbon monoxide in the flat" said Mr Saunders. "Indeed after just a short time in the flat, the grand-daughter fell unconscious and had to be resuscitated by paramedics."
Tex Todd, QC, defending, said Brown admitted to "making an error
in respect of the installing and fitting" of the boiler. He said
Brown had been a gas engineer for 25 years. Because of the tragedy he
had lost his Gas Safe registration and was no longer practising as a gas
engineer.
Landlord Fined £18,000
A Landlord was fined £18,000 recently for failing to ensure that a gas fire, which was installed by a tenant, had been properly fitted. The tenant died from carbon monoxide poisoning.
"On the face of it, such a fine seems unfair because it is quite possible that the Landlord didn't even know about the fire, but the story serves to illustrate how onerous a Landlord's responsibilities are to his tenants." says John Hards, director of Countrywide Residential Lettings. "They have to be taken very seriously indeed."
At this time of year, with doors and windows tightly
closed against the elements, any lapse in compliance with
the law, can become quickly evident.
Mr Hards added, "An appropriate clause in the tenancy agreement to the effect that the Landlord's permission had to be sought for any changes to the property - and linked to a detailed inventory - would have demonstrated that the Landlord had taken steps to avoid such a thing happening."
Mr Hards confirmed that there were other important compliance issued relating to furnishings and electrical appliances.
"All gas appliances have to be serviced annually
by a Gas Safe registered engineer, and a certificate has to
be
available for inspection before a tenant takes up occupation."
COUNCIL LANDS IN COURT AFTER APPALLING SAFETY BREACHES
ABERDEENSHIRE Council Housing chiefs have taken steps to reassure tenants after they were blasted for breaching gas safety rules.
The Council’s failings have cost it a £5,000 fine, and a sheriff branded its lack of maintenance of appliances and flues in nearly 1,500 homes “appalling”.
The Local Authority says it has spent £180,000 putting things right. Chairman of its social work and housing committee, Alistair Leitch, said: “We take our safety responsibility seriously.”
At Peterhead Sheriff Court, the council admitted that as Landlord it had failed to ensure annual gas safety checks were carried out at 1,488 homes a year where natural gas appliances were installed.
The offence came to light after two complaints from tenants in Peterhead who had been at risk from carbon monoxide poisoning.
It was later established that the council had failed to carry out safety inspections at 732 homes in Peterhead, 356 in Fraserburgh, 169 in Banff, 108 in Inverurie, 69 in Stonehaven and 14 in Turriff.
The local authority’s agent Robin Taylor said the previous system of maintenance had not been working and had since been replaced.
Sheriff Douglas Cusine, who imposed the maximum penalty, said he could not overlook the fact that people were exposed to danger.
Councillor Leitch said that when the problem came to light it was rectified immediely.“This case identified weakness in the management system for gas service,” he admitted.
“Our staff put a great deal of effort into resolving the problem as quickly as possible. I can assure tenants that the Health and Safety Executive is satisfied with the arrangements now in place.”
The council is also fitting carbon monoxide detectors at
it homes.
Installer fined for not finishing the job
Installer Michael Owens, trading as MD Gas Services, has been fined £1,350, after installing a gas fire in a home without carrying out a flue flow test, leaving the fire in a dangerous situation and risking the lives of the occupants.
The court, held at Ammanford Magistrates Court, heard that, following installation, when the new fire was used one of the occupants became ill. There were tow charges laid against Mr Owens: under Regs 26 (1) – installing a gas fire to a flue whilst the flue was not suitable and in proper condition for the safe operation of the appliances, and under Regs 27 (1) – installing a gas fire which could not be used without constituting a danger to any person.
The Chairman of Magistrates commented that the outcome was far better than it could have been. The fine took into account Mr Owens renewed competencies, Gas Safe registration, repayment of the client’s money and a guilty plea.
Landlord and installer jailed after
gas heater
killed teenage
friends
A non-registered gas fitter and unscrupulous Landlord, who were responsible for the death last year of two teenagers by carbon monoxide (CO) poisoning, have been sentenced to a combined eight years in prison.
Barry Stone 40, of St Nicholas Road, Yarmouth and Stanley Rogers, 62 of Market Road Place, Yarmouth, pleaded guilty to two counts of manslaughter after Stone incorrectly fitted a second-hand gas fire, which led to lethal CO being produced.
The deadly gas overwhelmed Michael Frosdick, 19 and Keith Reynolds, 17, at the house they rented from Rogers in Yarmouth.
Stone and Rogers were sentenced at Bury St Edmunds Crown Court. Stone received three years in prison and must serve half of that before he can be put on licence; and Landlord Rogers was given a five-year prison sentence and ordered to pay £5,000 costs.
Further chargers faced by both men, relating to fitting gas fires when not registered with Gas Safe, fitting a dangerous fire and installing an unsuitable fire, were ordered to lie on their files.
The pair were charged after a joint investigation between Norfolk Police and the Health and Safety Executive (HSE).
Gas Safe CEO Mike Thompson said: “Gas is a very safe fuel if handled properly and treated with respect, but in the wrong hands, as this case tragically demonstrates, it can be lethal. “Although Gas Safe welcomes the message that a prison sentence sends out to the unscrupulous tradesmen who work with gas, when not properly qualified or competent to do so, when you take into account that two young lives have been lost, the punishment certainly does not seem severe enough to fit the crime.
“Nonregistered installers endanger innocent lives and Gas Safe will continue to educate consumers to ALWAYS use a Gas Safe registered gas installer for ALL gas work. No one should ever attempt to DIY with gas”.
*Before installing a second hand gas appliance consideration should be given be given to the legislation that effects their installation. The regulations that apply to the installation of second-hand gas appliances are the Gas Safety (Installation and Use) Regulations 1998 (GSIUR).
Any installer who is undertaking the installation of a second-hand
gas appliances needs to have the necessary training, knowledge
and experience and hold the relevant certificates of competence
before undertaking such work. In order to install a second-hand
gas appliance correctly, the installer must ensure they have
the full manufacturer’s instructions for that specific
appliance.