DIY Gas Worrk is Legal. The proof.

Discussion in 'Plumbers' Talk' started by Water Systems, Mar 21, 2008.

  1. Water Systems

    Water Systems New Member

    Read through. All clear and no responses countering the law please. The law is the law.

    On CORGI's web site in the section on achieving ACS Accreditation.

    Quote:

    " Until 1998, gas installers could achieve certificates of competence through a number of different certification schemes - resulting in an inconsistency of standards across the UK. Those separate schemes have now been replaced by the Nationally Accredited Certification Scheme for
    Individual Gas Fitting Operatives (ACS).

    This means that all operatives are assessed within nationally agreed standards, to gain certificates that need renewal every five years. Assessments are available from some 150 centres around the UK. Each of these has been approved by one of six certification bodies accredited by the United Kingdom Accreditation Service (UKAS).

    All gas installation businesses and operatives must be in a 'class of persons' approved by the Health and Safety Executive. That currently means they must be registered with CORGI."


    This does not apply to DIY work. CORGI, as one would expect, say "could be dangerous" and "likely to be illegal". They are hardly likely to say on a public web site that it's a great idea and everyone should try. <u>CORGI did not say "DIY gas work is Illegal".</u>

    Here is the referring Statutory Instrument.

    http://www.hmso.gov.uk/si/si1998/19982451.htm

    The HSE is fully aware that DIY gas work happens. They've just published a complete Fundamental Review of Gas Safety

    http://www.hse.gov.uk/gas/index.htm

    in which there is a section discussing DIY

    http://www.hse.gov.uk/fundgas.htm

    People can read it for themselves, but:

    DIY installation and maintenance

    Question 30. Should DIY work be legally prohibited, eg by restricting the sale of gas equipment to registered gas installers? Should retailers be legally required to record sales of gas equipment and pass these to a central body, perhaps CORGI? Should any central body selected for this purpose be required to arrange the inspection of gas installation work in any case where the record of sale suggests work will be carried out by an unregistered installer? Should increased publicity on the dangers of DIY gas work be given by HSE campaigns, (ii) manufacturer's warnings, (iii) other means? (HSC Discussion Document 'Gas Safety Review: option for change', DDE14a, Page 50)

    Recommendation 26

    226. We understand concern about the possible risks posed by incompetent DIY gas work, but believe at present there is insufficient hard evidence of incidents to support the introduction of a legal ban. However, we recognise that current statistics might not tell the full story and recommend that further work be done more accurately to identify the scale of the problem, ie by refining arrangements for reporting incidents specifically to identify those related to DIY (see Recommendation 9), with a view to reviewing the legal position again (say in five years time).

    227. In the meantime, we recommend that increased publicity should be given to the dangers of DIY gas work (possibly funded through industry and the Gas Safety Levy - see Recommendations 7 and 11). This should focus more on legal requirements for competence if DIY is undertaken, and penalties if these are not met. More encouragement should also be given to retailers for providing 'point of sale' information, and equipment manufacturers to include warnings
    with products.

    Analysis of responses

    228. Of a total 109 responses to Q 30, 54 supported the principle of banning DIY with 35 specifically against; whereas 44 were in favour of a ban in practice with 47 against (NB some voted just for principle or practice, others for both). The similar question in the consumer document resulted in 29 favouring a ban with 31 against and 1 unclear. Replies to the public questionnaire showed 285 in favour of a ban with 54 against. The issue was also posted on a DIY Internet web site which provoked a number of responses from those practising DIY gas work; these were against more legal controls but generally supported further publicity, stressing competence requirements for DIY rather than frightening people away from doing it.

    Argument

    232. Data currently available suggests that a number of gas incidents have occurred over recent years where DIY is directly or indirectly implicated, but, the link is not always entirely clear and in some cases it is possible for other factors to have contributed. At present we do not believe that this evidence is sufficiently strong to suggest that current legal controls (ie for competence under GSIUR regulation 3(1)) are inadequate, and an
    absolute ban needs to be placed on DIY.



    If you look at some of the rest of the report, and contributing consultants reports concerning dangers in the home in general, you will read that in the gas arena, CO poisoning is by far and away the biggest issue, and that all gas related accidents in the home are a tiny proportion of the total. Ergo, DIY gas work is not a major focus area for the HSE at present.

    That's pretty definitive. This statement from above says it all...if an "absolute ban needs to be placed on DIY" (as there is not one). <u>Then it is obviously legal.</u>

    Again.....
    "At present we do not believe that this evidence is sufficiently strong to suggest that current legal controls (ie for competence under GSIUR regulation 3(1)) are inadequate, and an absolute ban needs to be placed on DIY."

    <u>DIY GAS WORK is LEGAL</u>
     
  2. Jimthecob

    Jimthecob New Member

    Hi WS,and happy easter to you,now this is somewhat interesting,if DIY gas work is legal,Can the DIYer if he desires ask a non corgi installer to do gaswork? given that the installer may be more competant than himself.Should this be the case then nobody is doing anything illegal,have I got it right? I will wait to hear from you and no doubt others,Cheers mucker.
     
  3. Mr Ian

    Mr Ian New Member

    I thought this was cleared up ages ago. DIY gas work is legal provided that you are competent. Competence can only be judged by following ACS/CORGI regulations, albeit that you do not need to be tested/registered.

    If you are incompetent then the work is illegal, and you could end up being charged with manslaughter if your DIY kills someone.

    The same people that do gas DIY are probably the same as those who are teaching themselves to fly a plane also. All hail Darwin again!
     
  4. Mr Ian

    Mr Ian New Member

    Anyone can do gas work as long as it is not for profit. As soon as you charge for it, it then becomes a business and required to be CORGI. I've yet to meet an installer that's so incompetent they can't even charge money :)
     
  5. Water Systems

    Water Systems New Member

    I thought this was cleared up ages ago. DIY gas work
    is legal provided that you are competent. Competence
    can only be judged by following ACS/CORGI
    regulations, albeit that you do not need to be
    tested/registered.

    It says that? fraid it doesn't. ACS is only for eligibility for CORGI, which is only a registration authority. CORGI registers people who practice gas work for gain (money)

    DIY gas work is legal and competency has not been defined. Read my post again, especially the end bit.
     
  6. Water Systems

    Water Systems New Member

    Hi WS,and happy easter to you,

    Happy easter

    now this is somewhat
    interesting,if DIY gas work is legal,Can the DIYer if
    he desires ask a non corgi installer to do gaswork?

    As long as he is competent and does not charge.

    It is simple:

    1. you have to be competent.
    2. You need to be CORGI top be practice for gain.


    A DIYer needs only No. 1

    A man practicing for gain needs No. 1 & No. 2.

    Competence is not defined in law.
     
  7. budzinski

    budzinski New Member

    Read my post again, especially the end bit.




    you must be joking,life's too short.
     
  8. oliver1234

    oliver1234 New Member

    Competency hasn't been defined but if push came to shove and a DIYer was prosecuted for carrying out gas work incompetntly then I'm sure the gas regs would be the defining factor.

    In reality it's academic because it is extremely unlikely that it will ever happen.

    Incompetence is much harder to prove than competence and it would be the legal burden of the prosecutor to do the proving. How on earth do you prove incompetence as opposed to having a bad day?
     
  9. thelonegunman

    thelonegunman New Member

    Read this.

    2 Legal Requirements & Safety

    a) Is it legal to do DIY work on gas?

    In short, yes it is, but only if you are competent to do so.

    So how is competence judged? You are to be your own judge of whether you are competent or not, but should some catastrophe result from your work, then it would seem clear that you were not competent and should not have tackled the work. That could leave you vulnerable to legal action (assuming you were still alive).

    This question arises almost weekly on the news group uk.d-i-y and can generate heated and inconclusive discussions, sometimes propagating wrong information.


    Like some other aspects of DIY there are laws governing gas fitting. These are the Gas Safety (Installation and Use) Regulations 1998 published by the Heath & Safety Executive (HSE), ISBN 0-7176-1635-5, and are online at: http://www.hmso.gov.uk/si/si1998/19982451.htm


    Regulation 3 (1) effectively says that anyone who works on gas must be competent. Regulation 3 (3) effectively says that anyone who is rewarded for gas work (in money or otherwise) must be registered with CORGI. The guidance notes published along with the laws state that level of competence must match the work being done.

    I don&#146;t think there has been a legal ruling yet on precisely what competence means in regard to DIY gas fitting, but for professionals it means they have the knowledge, experience and exam passes in the relevant aspects of gas fitting. There are dozens of exam categories covering domestic, commercial, liquefied petroleum gas (LPG), and more exotic gas fitting skills.

    Opinions vary amongst DIYers as to the range of gas work they may undertake. The HSE and CORGI are unsurprisingly keen to stress that gas work should be done by competent people. It is my belief that the law is really aimed at eradicating the unregistered professionals whose motivation is their pocket and for whom public safety and customer satisfaction are at best secondary. Incompetent DIY gas fitting is inevitably unstoppable (for instance, I once saw a photo of a home made boiler). The HSE state that the majority of fatal gas incidents occur to the old, the poor, students, and those in rented housing. The regulations specifically try to address this situation.

    Whilst gas fitting is potentially the most dangerous of all DIY activities, the public perception of the dangers of gas are often over-estimated, perhaps because when occasionally a gas explosion occurs it is reported as a national news item. To put it bluntly, you are at least 50 times more likely to be killed on the road than by a faulty gas installation.

    Most DIYers would agree that at least some work on a gas appliance is permitted, and hardly any would say you should not even change a thermocouple. At the other extreme, replacing a multi-function gas control in a boiler would be beyond most DIYers. There are shops and mail order companies that sell spare parts for gas appliances, in fact obtaining the correct spare part for a gas appliance seems easier than for most other type of appliance. However some shops may refuse to sell &#145;gas carrying parts&#146; to someone who is not CORGI registered, but will sell thermocouples, pressure switches, fans, etc.

    You may have seen notices in some of the big DIY chains saying they &#147;don&#146;t give advice about gas fitting, and are thus complying with the law&#148;. I don&#146;t think there is anything in the regulations that forbids them, but perhaps their legal department fear that giving advice might be thought of as aiding and abetting incompetent, and therefore illegal gas fitting.
     
  10. Mr Ian

    Mr Ian New Member

    I don't see that competency is that hard to prove. Basically if it is unsafe or installed contrary to GSI&UR or mfrs instructions then you are not - by definition - competent.
     
  11. tgs

    tgs New Member

    DIY gas work is legal. Full stop end of story.

    Whether DIY gas work is a good idea is what is open to question.

    The answer is down to competence as in most things. Competence is not defined in law but when it is considered (in civil suites) the level of competence required not to be negligent is always set very low.

    If competence were to be considered in gas work for DIY then it would probably be by outcome. That is, if the result were barely satisfactory no matter how messy and how many safety procedures missed, the matter of competence would be rested.

    More important is what could happen: injury and death. Any court case is likely to arise because of this and not simply because the work has been done incompetently. In that case the business of competence is likely to be the least of the DIYer's worries.

    Businesses selling gas bits are able to decide their own policy about whom they will sell stuff to (as in all things) or what advice (or whether) to give.
     
  12. oliver1234

    oliver1234 New Member

    I don't see that competency is that hard to prove.
    Basically if it is unsafe or installed contrary to
    GSI&UR or mfrs instructions then you are not - by
    definition - competent.


    I don't think it's that simple as far as the law is concerned. Most car accidents are caused as a result of mistakes made by normally competent drivers.

    I think it would take a test case to really ratify the law but I doubt that it will ever happen.

    My own view is that it is unlikely that DIY gas work will ever be banned in the UK, although many people would disagree I thnk that the ability to do your own work is a fundemntal human right and the government would be reluctant to ban it without good cause.

    It would also be very difficult to police and until the government find a way to police it's existing laws it would be silly to introduce any new ones!
     
  13. tgs

    tgs New Member

    I don't see that competency is that hard to prove.
    Basically if it is unsafe or installed contrary to
    GSI&UR or mfrs instructions then you are not - by
    definition - competent.

    This is not a legal definition and has no validity.

    Do not mix up the requirements of CORGI with general law.

    If you are an RGI you have to adhere to the regs. If you do not you can be struck off or prosecuted even if nothing has gone wrong. (in theory anyway, it's not just gas regs but also HaSaW)

    If you are a DIYer then no one is going to prosecute you unless something has gone catastrophically wrong. HaSaW doesn't apply.
     
  14. Water Systems

    Water Systems New Member

    Read this.

    2 Legal Requirements & Safety

    a) Is it legal to do DIY work on gas?

    In short, yes it is, but only if you are competent to
    do so.

    So how is competence judged?

    Not defined in law.
     
  15. Water Systems

    Water Systems New Member

    DIY gas work is legal. Full stop end of story.

    Whether DIY gas work is a good idea is what is open
    to question.

    The answer is down to competence as in most things.
    Competence is not defined in law but when it is
    considered (in civil suites) the level of
    competence required not to be negligent is always set
    very low.

    If competence were to be considered in gas work for
    DIY then it would probably be by outcome. That is,
    if the result were barely satisfactory no matter how
    messy and how many safety procedures missed, the
    matter of competence would be rested.

    The HSE do not consider DIY gas work an area of concern. See the 1st post

    More important is what could happen: injury and
    death.

    Both DIY & pro have to be competent, which equally applies.
     
  16. screwhard

    screwhard New Member

    WS,Please answer me a simple question. Are you Corgi registered,i,ll expect a quick reply because your at the computer Thanks
     
  17. tgs

    tgs New Member

    DIY gas work is legal. Full stop end of story.

    Whether DIY gas work is a good idea is what is
    open
    to question.

    The answer is down to competence as in most
    things.
    Competence is not defined in law but when it is
    considered (in civil suites) the level of
    competence required not to be negligent is always
    set
    very low.

    If competence were to be considered in gas work
    for
    DIY then it would probably be by outcome. That
    is,
    if the result were barely satisfactory no matter
    how
    messy and how many safety procedures missed, the
    matter of competence would be rested.

    The HSE do not consider DIY gas work an area of
    concern. See the 1st post

    More important is what could happen: injury and
    death.

    Both DIY & pro have to be competent, which equally
    applies.

    What actual points are you trying to make with regard to my post?

    Neither of your comments actually relate to anything I have said.

    None of my comments actually contradicted anything you said.
     
  18. chris@vietec.com

    chris@vietec.com New Member

    Of course he is NOT CORGI registered, that is why he is always trying to prove DIY gas work is not illegal, in fact he does not have any qualifications in our industry
     
  19. HOTDOG ø

    HOTDOG ø Active Member

    Much as I'm not a fan of Walter Smitty I have to say that technically he is right. DIY gas work is not illegal....and this is becoming SOOoooo boooooring ZZZzzz,,,,....
     
  20. screwhard

    screwhard New Member

    Of course he is NOT CORGI registered, that is why he
    is always trying to prove DIY gas work is not
    illegal, in fact he does not have any qualifications
    in our industry



    So thats why he hasnt replied? shame on you WS.I wonder if you had been Corgi registered,Would you have slagged our trade off.Remember old boy, people are trying to make living. So if you have no qualifications in GAS I suggest you keep your thoughts to yourself
     

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