2. The Mandatory "Supplier Declaration" Regime
2.1 Introduction
The central focus of the Mandatory Supplier Declaration regime is that a supplier declaration must be completed and key elements made publicly available, before any appliance or specified fitting may be supplied or installed.
The regime is designed to:
- Document suppliers' commitments to compliance with the safety regime.
- Force a more rigorous assessment by suppliers of their compliance obligations.
- Provide transparency for other suppliers, the trade, and consumers.
- Keep compliance costs for appliance and fitting suppliers to a minimum.
Figure 1 gives an outline of the Mandatory Supplier Declaration regime as it applies to any "Tier 1" and "Tier 2" appliance or specified fitting.2 For Tier 2 appliances and specified fittings, the regime is identical to Tier 1 except that suppliers must:
- Register (once only) as a supplier on the Energy Safety website.
- Present declarations of compliance to each person to whom an appliance or fitting is supplied, rather than have it posted on a website.
- Maintain a schedule of all appliances and specified fittings supplied and to whom they have been supplied.
Figure 1
→ Full Size Version of Figure 1 [43 kB GIF]
2.2 Scope of the Supplier Declaration regime
A gas3 appliance is defined in the Gas Act as: "...any appliance that uses, or is designed or intended to use, gas, whether or not it also uses, or is designed or intended to use, any other form of energy". Any device that uses or consumes gas is defined as a gas appliance from a simple camping lantern to a gas-fired turbine.
Fittings are defined in the Gas Act as "...everything used, or designed or intended for use, in or in connection with the supply, distribution, compression, or use of gas". This excludes appliances but would include anything else from pipe fittings through to gas pressure raising devices. "Specified fittings" will be defined through a schedule that will be gazetted and posted on the Website.
At this time (November 2006) there are no specified fittings. The list of specified fittings will be developed in consultation with industry, and is likely to align with the range of materials and components requiring approval in Australia, i.e. automatic shut-off valves, hose assemblies, limited flexibility connectors, flue cowls, jointing compounds and materials, manual shut-off valves, quick-connect devices, and vent valves.
The supplier declaration regime applies to all gas appliances, and specified fittings supplied by a New Zealand importer or New Zealand manufacturer after 18 November 2002.
The obligations apply to each and every appliance or specified fitting supplied, i.e. they require an assurance of ongoing quality control.
The obligations do not apply to any (individual) appliance supplied in New Zealand before the introduction of the regime. This means an (individual) appliance supplied (by the New Zealand importer/manufacturer) prior to 18 November 2002 does not need a declaration.
The obligations do not apply to people who import or manufacture a gas appliance for their own use as they are not supplying an appliance. For example, a restaurant owner importing a cooker for installation in their own restaurant does not need a declaration. However a landlord importing appliances to fit in his or her rental accommodation would be supplying and would therefore need to make a declaration. Similarly if an "own use" importer then later sold the appliance he or she would become a supplier and would be required to make a declaration.
The importer of motor-homes and caravans with gas installations (new or second-hand) is classed as an appliance supplier as that person is the importer and supplier of the appliances fitted in the caravan.
2.3 The Supplier Declaration
A supplier declaration is a public statement from an appliance supplier. It identifies the supplier and the person making the declaration (but only the supplier details are displayed on the website accessible by the public). It identifies the appliance and any standards that it complies with. It also identifies any testing or certification that has been undertaken.
Most importantly, it also includes a statement that the appliance complies with regulations 13 and 14 of the Regulations. Regulation 14 specifies the marking requirements and Regulation 13 the safety requirements.
The person representing the supplier is making a statement that they have taken "...all practicable steps to ensure that the gas appliance or fitting is safe in all reasonably foreseeable circumstances". (Regulation 13(2)). Regulation 13(3) further states that unless the appliance complies with NZS 5262 it is not considered safe. This effectively means that the declaration includes a statement of compliance with NZS 5262.
Suppliers must be familiar with the Regulations pertaining to them including the definitions (such as the definitions for safe and all practicable steps).
Suppliers must also be thoroughly familiar with NZS 5262, the standard that they are stating they comply with. This is available from Standards New Zealand [link to Standards New Zealand website].
For Tier 1 appliances or specified fittings, a current and valid Declaration is be required to be posted on the Energy Safety website before the appliance or specified fitting may be supplied. For Tier 2 appliances or specified fittings, the Declaration is required to be given to the person to whom the appliance or fitting is supplied.
Any person making a Supplier Declaration must be able to demonstrate, through a "Compliance Folder" that all appliances and specified fittings covered by the Declaration comply with safety requirements of the Regulations. The Compliance Folder is subject to audit, and must be provided to Energy Safety within 10 working days of request. The content of the Compliance Folder must be in English
Any person, other than the manufacturer or importer, who supplies an appliance or specified fitting covered by the regime (e.g. appliance retailers), is required to ensure that the appliance or specified fitting is supported by a current and valid Supplier Declaration. In the case of Tier 2 appliances or specified fittings they must forward a copy of the declaration and keep records of those to whom they have supplied Tier 2 appliances.
Any person, other than the manufacturer or importer, who installs an appliance or specified fitting covered by the regime, is required to ensure that the appliance or specified fitting is supported by a current and valid Supplier Declaration. In the case of Tier 2 appliances or specified fittings they must supply a copy of the declaration to the customer. If an appliance or specified fitting has been manufactured or imported by the final user, the installer must note that fact on the certificate of gasfitting for the installation, and confirm that the appliance or fitting as installed is safe.
2.4 Information required in Declaration
The following information is required in the Declaration for an appliance or specified fitting type encompasses:
- Markings on the appliance or fitting that uniquely identify it (manufacturer, model, type number, serial numbers, etc).
- Type of appliance or fitting (cooker, space heater, etc).
- Fuel types for which it is designed.
- What standard the appliance or fitting complies with (if applicable), or reasons why a standard was not followed.
- Testing details held for the appliance or fitting (nature and scope of tests and testing agency, if applicable).
- Certification details held for the appliance or fitting (nature and scope of certification, and certifying agency, if applicable).
- A declaration that, in relation to all product identified in the Declaration, Regulations 13 and 14 (if applicable) of the Regulations have been complied with.
- Supplier — full business information sufficient to identify and locate the supplier.
- The person who declares compliance and their relationship to the supplier (e.g. position within organisation).
- Date of declaration.
All of the above information (except the details of the person declaring) will be presented on the website (Tier 1 appliances and specified fittings), or given to the person to whom the appliance or fitting is supplied (Tier 2 appliances and specified fittings).
For Tier 1 appliances and specified fittings, the Declaration must be made directly into the online form that is in the "For the Gas Industry" section of the Energy Safety Website.
For Tier 2 Declarations, either the form in annex B of this paper should be used, or, as a minimum, the alternative Declaration should contain all of the information specified in the Annex B form.
2.5 Tier 1 or Tier 2?
The "Tier 2" alternative applies only as long as less than 11 appliances or fittings of the same type are supplied. As soon as the eleventh appliance or specified fitting is supplied, the "Tier 1" regime applies.
2.6 Monitoring and corrective action
As indicated in Figure 1 the Supplier Declaration regime is supported by a monitoring regime aimed at identifying any non-compliant appliances or fittings and requiring necessary remedial action. Corrective action may involve further testing by the supplier to establish compliance, product modifications, a ban on supply and/or use, or prosecution.
An "instant fine" system may be introduced in the future for failure to supply an appliance or specified fitting that is not supported by a Supplier Declaration or Compliance Folder.
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