Annex A: Extract from the Gas Regulations 1993
Note:
- This is not a copy of the full regulations; it covers only those parts directly applicable to the gas appliance regime. It does not cover definitions such as "supply" or "all practicable steps" (r2 Interpretation) or the offence provisions (r37).
- A full copy of the Gas Regulations and amendments is available for download from the Energy Safety website or may be viewed at the New Zealand Legislation website.
Gas installations, gas appliances, and fittings
12 Safety of gas installations
- Every person who installs a gas installation or part of a gas installation must install that gas installation or part in accordance with Part 1 of NZS 5261.6
- Subclause (3) applies to the following types of installation:
- the installation of a gas installation that does not contain any gas appliance with a rated input of more than 250 MJ/h:
- the installation of a part of a gas installation if the gas installation as a whole does not contain any gas appliance with a rated input of more than 250 MJ/h.
- Every person is deemed to have complied with subclause (1), in relation to an installation to which this subclause applies, if the person has complied with Part 2 of NZS 5261.
- Subclause (5) applies to the following types of installation:
- the installation of a gas installation that contains a gas appliance with a rated input of 250 MJ/h or more:
- the installation of a part of a gas installation if the gas installation as a whole contains a gas appliance with a rated input of 250 MJ/h or more.
- Every person is deemed to have complied with subclause (1), in relation to the application of a particular performance requirement of Part 1 of NZS 5261 to an installation to which this subclause applies, if:
- that particular performance requirement is fully satisfied by 1 or more standards listed in Part 3 of NZS 5261; and
- the person complies with at least 1 of those standards.
- This regulation does not apply to CNG stations.
13 Safety of gas appliances and fittings
- This regulation applies to every person who manufactures, imports, sells or offers for sale, hires out, leases out, or installs a gas appliance or fitting.
- Every person to whom this regulation applies must take all practicable steps to ensure that the gas appliance or fitting is safe in all reasonably foreseeable circumstances.
- Without limiting subclause (2), a gas appliance is not safe if it does not comply with NZS 5262.7
- Without limiting subclause (2), a fitting is not safe if:
- it has a gas leakage; or
- it is operated in a manner that is hazardous when exposed to any reasonably foreseeable torques, pressures, or chemical or physical conditions.
- Despite subclause (4)(a), minute leakages from some fittings are permissible under relevant testing procedures.
14 Marking of appliances
Every gas appliance sold or intended for sale must be marked in accordance with section 5 of NZS 5262.
15 Appliances and fittings to which regulations 15A to 15F apply
Regulations 1 5A to 1 5F apply to the following:
- all gas appliances; and
- any fitting that the Secretary has specified, by notice in the Gazette, to be of a type to which regulations 1 5A to 15F apply (a specified fitting).
15A Manufacturer or importer must make supplier declaration
- This regulation applies to:
- all persons who manufacture gas appliances or specified fittings in New Zealand; and
- all importers of gas appliances or specified fittings.
- Every person to whom this regulation applies must, before that person supplies a gas appliance or specified fitting in New Zealand, make a supplier declaration that relates to the appliance or fitting and either:
- publish the declaration on the website; or
- if the declaration relates to fewer than 11 appliances or fittings of the same type,:
- notify the Secretary that the person elects to comply with this paragraph instead of publishing the declaration on the website; and
- give a copy of the declaration to the person to whom the person supplies the appliance or fitting.
- The manufacturer or importer of a gas appliance or a specified fitting must, if he or she elects to comply with subclause (2)(b):
- maintain a record of the name and address of the person to whom the manufacturer or importer supplied the appliance or fitting in New Zealand; and
- keep the record for at least 7 years after the date that the manufacturer or importer supplied the appliance or fitting in New Zealand; and
- make the supplier declaration and the record available to the Secretary within 10 working days of a request being made by the Secretary (unless the request relates to a record that is no longer required to be kept under paragraph (b)).
- Notification under subclause (2)(b)(i) must be in the form prescribed by the Secretary for the purpose by notice in the Gazette, if the Secretary has prescribed a form.
15B Contents of supplier declaration
- Every supplier declaration must:
- be in the form prescribed for the purpose by the Secretary by notice in the Gazette, if the Secretary has prescribed a form; and
- specify the full name of the manufacturer or importer and the full name of the person making the declaration; and
- specify the full address of the manufacturer or importer and the full address of the person making the declaration (including an email address, if any); and
- identify the gas appliances or specified fittings covered by the declaration; and
- identify, in relation to the gas appliances or specified fittings covered by the declaration,:
- any standards that have been complied with; and
- any testing or certification that has been undertaken; and
- include a statement that the manufacturer or importer has complied with:
- regulations 13 and 14 in relation to all gas appliances covered by the declaration; and
- regulation 13 in relation to all specified fittings covered by the declaration.
- For the purposes of subclause (1)(a), the Secretary may prescribe:
- a form that may only be used for declarations that are to be published on the website; and
- a form that may only be used for declarations made under regulation 1 5A(2)(b).
15C Management of website
- Every manufacturer or importer who is required to publish a supplier declaration on the website must ensure that he or she has:
- registered with the Secretary so as to enable the manufacturer or importer to publish supplier declarations on the website; and
- supplied to the Secretary any information reasonably required by the Secretary to register the manufacturer or importer.
- The Secretary:
- may remove from the website any supplier declaration that appears to the Secretary to be incorrect, frivolous, non-complying, or outdated; and
- must promptly send notice of the removal to the manufacturer or importer.
15D Supply of documents
- Every manufacturer or importer of a gas appliance or a specified fitting must, within 10 working days of a request being made by the Secretary, supply to the Secretary a document or documents that demonstrate that the manufacturer or importer has:
- in the case of a gas appliance, complied with regulations 13 and 14 in relation to the gas appliance; or
- in the case of a specified fitting, complied with regulation 13 in relation to the specified fitting.
- The manufacturer or importer must supply with any document that is supplied an accurate English translation of the whole or any part of that document if the document or that part is in a language other than English.
15E Duty to provide copy of supplier declaration
- Every person who is supplied with a gas appliance or a specified fitting to which a declaration under regulation 1 5A(2)(b) relates must provide a copy of the declaration to:
- any other person to whom the person supplies the appliance or fitting; and
- any other person who installs the appliance or fitting.
- The copy of the declaration must be provided,:
- in the case of subclause (1)(a), before or when the appliance or fitting is supplied; and
- in the case of subclause (1)(b), before or when the appliance or fitting is installed.
15F Other suppliers and installers must check that declaration published or supplied
- Every person who supplies a gas appliance or a specified fitting in relation to which a supplier declaration is required to be made under regulation 1 5A, other than the manufacturer or importer, must:
- before supplying the appliance or fitting:
- ensure that a supplier declaration relating to the appliance or fitting is published on the website; or
- in the case of an appliance or fitting to which a declaration under regulation 1 5A(2)(b) relates, ensure that he or she obtains a copy of the supplier declaration relating to the appliance or fitting; and
- in the case of an appliance or fitting to which a declaration under regulation 1 5A(2)(b) relates,:
- maintain a record of the name and address of the person to whom the person has supplied the appliance or fitting; and
- keep the record for at least 7 years after the date that the appliance or fitting is supplied by the person; and
- make the record available to the Secretary within 10 working days of a request being made by the Secretary (unless the request relates to a record that is no longer required to be kept under subparagraph (ii)).
- Every person who installs a gas appliance or a specified fitting in relation to which a supplier declaration is required to be made under regulation 1 5A must, before installing the appliance or fitting,:
- ensure that a supplier declaration relating to the appliance or fitting is published on the
website; or
- in the case of an appliance or fitting to which a declaration under regulation 15A(2)(b) relates, ensure that he or she obtains a copy of the supplier declaration relating to the appliance or fitting.
16 Repairs, modifications, and adjustments to appliances and fittings
- Every person who repairs, modifies, or makes adjustments to a gas appliance or fitting must take all practicable steps to ensure that the appliance or fitting is safe in all reasonably foreseeable circumstances before the appliance or fitting is returned to service.
- Without limiting subclause (1), a gas appliance is not safe if it does not comply with NZS 5262. (3) Without limiting subclause (1), a fitting is not safe if:
- it has a gas leakage; or
- it is operated in a manner that is hazardous when exposed to any reasonably foreseeable torques, pressures, or chemical or physical conditions.
- Despite subclause (3)(a), minute leakages from some fittings are permissible under relevant testing procedures.
17. Responsibility for safe operation and use of gas appliances and fittings
- Every person who owns, operates, or uses any fittings, gas appliance, or gas installation must take all reasonable steps to ensure that the fittings, appliance, or installation is in a safe condition, is operated in a safe manner, and is maintained in a safe condition.
- Every person who hires out or leases out any fittings, gas appliance, or gas installation shall take reasonable steps to ensure that:
- The fittings, appliance or installation is in a safe condition; and
- Any instructions to ensure the safe use of the appliance are provided—prior to so hiring or leasing them out.
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