1. Current Obligations
Note: The following summary is provided as a guide only; if in doubt, the relevant legislation should be consulted.
1.1 Gas safety obligations
The Gas Regulations 1993 (the Regulations) set the requirement that all gas appliances and fittings are capable of operating safely when installed correctly and used for their intended purpose.
Regulation 12 sets out the safety requirements for the installation of gas appliances and their associated fittings. Safety obligations in relation to gas appliances and fittings are set out in regulation 13 and marking requirements are set out in regulation 14.
There are also responsibilities for those repairing, modifying, adjusting, owning, using, and hiring gas appliances and fittings set in regulations 16 and 17.
There are substantial penalties for non-compliance. The offence provisions of the Regulations provide for penalties, upon summary conviction, of fines not exceeding $10,000.
Annex A contains relevant extracts from those regulations. The full regulations and amendments can be downloaded from the Energy Safety website.
1.2 Other obligations
For gas appliances having electrical or electronic components there are requirements under the Electricity Regulations 1997. These appliances are required to meet the essential safety requirements of AS/NZS 3820.
There are also obligations in regard to electromagnetic compliance (EMC).
Suppliers1 of gas appliances and fittings also have general obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. More details of that can be found at the Ministry of Consumer Affairs website.
1.3 Gas safety obligations are imposed through gas Standards
Regulation 12 requires that all gas installations (other than CNG refuelling stations) be installed in accordance with Part 1 of NZS 5261: Gas installation: 2003.
NSZ 5261 is divided into three Parts; the first part is mandatory, and the remaining two parts are recognised as means of compliance with Part 1.
Included in Part 1 of NZS 5261 (clause 1.6.2) is a requirement that, as installed, every gas appliance shall comply with NZS 5262: Gas appliance safety: 2003.
Regulation 13 states that an appliance is not safe if it does not comply with NZS 5262. NZS 5262 is not an approval standard but a set of essential requirements to ensure safety. It lists things such as the safety of mechanical parts, temperatures, combustion, etc.
There are several avenues to show compliance with the standard.
- The standard lists, in Appendix A, some appliance standards that are considered to meet the requirements of the standard, subject, in some cases, to additional, NZ specific, requirements, such as test gases, seismic restraint, and marking.
- If an appliance complies with the CE directive on gas appliances 90/396/ECC [Link to the CE directive on the European Commission website] it is considered to meet the standard except, again, there are additional NZ requirements such as test gases, seismic restraint, and marking to be met.
- Appendix B gives guidance on assessing the compliance of an appliance if the above two avenues are not followed.
1.4 Assuring compliance: Supplier Declaration
As from 18 November 2002 all importers/manufacturers (suppliers) of gas appliances have been required to make a formal declaration that their appliances meet the requirements of regulation 13 and 14 of the Regulations. Those supplying appliances in quantity (11 or more) must do so by first registering on the Energy Safety website and then making their declarations on the website once the registration has been authorised. Declarations for the supply of less than 11 appliances of any type are addressed by registering with the ES on the website and then supplying a written declaration with each appliance supplied.
Downstream suppliers (e.g. retailers) and appliance installers have an obligation to ensure that those appliances required to have declarations are listed on the website before supplying or installing the appliance.
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