Gas Appliance Safety
Proposal
- To change the regulatory requirements so that a manufacturer or supplier of a gas appliance must obtain a certificate from a competent organisation that states the appliance meets essential safety requirements, is operable safely on the New Zealand gas specification, and satisfies New Zealand climatic conditions and seismic requirements.
- To provide that the certificate from a competent organisation must accompany the required declaration to the Energy Safety website.
- To provide that meeting the requirements of NZS 5262 will continue to be cited as a means of compliance for determining the safety of an appliance.
157. Over the last two years, there has been a major review of the gas appliance safety requirements set out in the Gas Regulations. A discussion paper "Review of the New Zealand Gas Appliance Safety Regime" was released in July 2006. The following proposals result from the discussion paper, submissions received on the discussion paper, discussions with industry and also discussions with Australian regulators responsible for gas safety.
158. It is proposed that the regulations applying to gas appliances that are currently set out in regulations 13 to 17 of the Gas Regulations 1993 will be amended along the following lines. The regulation numbers used below are indicative for the purposes of aiding cross referencing.
Safety of gas appliances and specified fittings
159. It is proposed that there will be a new regulation [X] titled "Safety of gas appliances and specified fittings" to replace current regulation 13 that will set out a general provision that every person who manufactures, imports, sells or offers for sale, hires or leases out, or installs a gas appliance or specified fitting must take all practicable steps to ensure that the gas appliance or specified fitting is safe for use in all reasonably foreseeable circumstances, including New Zealand climatic conditions and seismic activity.
160. For the purposes of this regulation, it is proposed that safe will mean that the appliance or specified fitting:
- meets the essential safety requirements as set out in New Zealand's gas appliance safety standard NZS 5262:2003 sections (1) through (6). [An option is to also reference that meeting the essential safety requirements as set out in the "European Council Directive of 29 June 1990 on the approximation of the laws of the Member states relating to appliances burning gaseous fuels (90/396/EEC)" would also suffice]; and
- meets the requirements of a relevant Compliance Standard or other appropriate industry best practice (if a relevant Compliance Standard is not available); and
- is able to operate within the New Zealand specification for natural gas or LPG as set out in the regulations (see paragraphs 61-77), as relevant; and
- has been declared to the New Zealand regime and the declaration is either:
- accompanied by a certificate from a competent organisation that states that the appliance meets the requirements of (1), (2), and (3) above; or
- accompanied by a certificate from a competent organisation that states that the appliance meets the requirements of (1) and (2) above and accompanied by additional test reports from an IANZ or equivalent test laboratory to demonstrate compliance with (3) above; or
- if there are less than eleven of the same appliance, accompanied by a written statement from a competent practitioner that states that the appliance meets the requirements of (1), (2), and (3) above.
161. For the sake of clarity, the regulations will provide that demonstrated compliance with NZS5262 will be deemed to be compliance with (1), (2), and (3) above.
Question
Do you support the above requirements? Do you think meeting the essential safety requirements as set out in the "European Council Directive of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels (90/396/EEC) should be included in the regulations or should be requirement be specifically to meeting the essential safety requirements of NZS 5262?
Who is a competent organisation to certify an appliance?
162. It is proposed the regulations will provide that the competent organisation for the purpose of issuing certificates must be either –
- An organisation having relevant certification by a third party agency accredited under the treaty negotiated between the Australian and New Zealand governments entitled "Joint Accreditation System – Australia and New Zealand" (JAS-ANZ) or an equivalent entity recognised by JAS-ANZ through the International Accreditation Federation's Multilateral Regional Agreement;
or
- Any other laboratory or organisation that satisfies the Chief Executive of the Ministry of Economic Development that it is competent to perform the relevant functions for the purposes of the regulation (relating to the issue of certificates).
163. In essence (a) is a conformance assessment body that has been recognised by JAS-ANZ. Competent organisation definition (b) provides flexibility to the New Zealand Regulator and could be used as a "fall back" position should the certification market change.
Appliance Marking
164. Current regulation 14 sets out the requirements regarding appliance marking. It is proposed to continue to have an equivalent regulation.
Labelling
165. It is proposed there be a new regulation [14A] requiring labelling of appliances to show that they are safe to supply for use and installation.
166. The Australasian Gas Technical Regulators Committee (GTRC) has agreed to pursue a common label for both countries.
167. It is proposed that a new regulation be introduced that only appliances and specified fittings that meet the requirements of regulation [X], are marked as required by current regulation 14, and are labelled as required by regulation [14A] may be supplied on the New Zealand market or installed.
Supplier Declaration
168. It is proposed that the requirements in current regulation 15A continue but in an amended form to require that manufacturers and importers of gas appliances and specified fittings must make a declaration to the Energy Safety website that the appliance or specified fitting meets the requirements of regulation [X] and include a copy of the certificate or reference to the third party certification which confirms this.
169. It is proposed that there will be an exception to meeting these requirements as follows:
170. If there are less than 11 of the same type of the appliance that have been manufactured at any time in the previous 10 years, the manufacturer or importer may notify the Chief Executive in writing that a certificate from a compliance assessment body has not been obtained due to the appliance or fitting being produced as a one-off or in very small numbers. The notification must be accompanied by a detailed written statement outlining where the appliance will be installed and that the appliance or fitting has been assessed by a competent practitioner that it meets the essential safety requirements specified in regulation [X] supported with either a detailed assessment or test reports or similar.
171. It is proposed that a competent practitioner will be a person who has relevant expertise and experience with mechanical safety, gas combustion engineering, New Zealand's gas composition, specification and characteristics, gas flueing technology and the design and operation of safety controls, and is technically capable to assess the particular compliance given its proposed use.
172. It is proposed that the manufacturer or importer will be required to also provide a copy of the notification to the person who is being supplied the appliance or fitting; and keep a record for at least 7 years of the full documentation supporting the written statement to the declaration.
173. With respect to the contents of the supplier declaration, currently set out in regulation 15B, it is proposed that the requirements2 continue with the following additional information being provided by the supplier –
(u) certification from a competent body that demonstrates that the appliance or specified fitting meets the requirements of NZS 5262;
or
certification from a competent body that demonstrates that the appliance or fitting meets the requirements of the New Zealand Gas Safety Regulations regulation [X] (the "Safety of gas appliances and fittings" regulation) with the exception that the requirements of regulation [X] with respect to climate conditions, seismic activity and New Zealand's gas specification, may be demonstrated by appropriate test reports from an IANZ or equivalent laboratory.3
(x) the full name and contact details of the competent body that has certified that the appliance or fitting meets the requirements of (u) above; and the full name and contact details of any IANZ or equivalent body that has provided additional information concerning compliance with proposed regulation [X].
(y) evidence of the certification from a competent body in the form of a certificate or an identification number reference or a url link to the certificate online or other similar information that will readily allow identification of the certification.
174. The above requirements are intended to place an obligation on the declarer to ensure that the required third party certification of the appliance or specified fitting takes place or has taken place and also provide the means for the Chief Executive to independently investigate the claim that the certification has occurred and that it adequately supports the declaration.
175. These requirements are intended to ensure that when appliances are declared to the Regime the accredited conformance assessment body (CAB) that has certified that the appliance or fitting satisfies the requirements of the regulations is able to be identified and the certification traced for the purposes of post market monitoring. Complementing these additional requirements, an equivalent of regulation 15B(1)(e)(ii) should no longer be required.
Supply of Information to support declaration
176. Existing regulation 15D currently requires that every manufacturer or importer of an appliance or fitting must, within 10 working days of the request being made, supply documentation that demonstrates current regulations 13 and 14 have been met.
177. It is proposed to add to this requirement that such a request may also be made for the provision of documentation that demonstrates the certification of the appliance or specified fitting as meeting the requirements of regulation [X] (the "Safety of gas appliances and fittings" regulation).
Duty on retailers and suppliers
178. It is proposed that the regulation 15F general duty on retailers and suppliers other than the manufacturer or importer to ensure that before selling or supplying a gas appliance or fitting that they check it has been declared to the Energy Safety website will continue, and that the equivalent general duty on installers of gas appliances and fittings will continue.
179. It is proposed to add to this requirement a general duty on retailers, suppliers and installers that they ensure an appliance or specified fitting has been labelled in accordance with the requirements of regulation [14A].
Existing Mandatory Declarations Transitional Provisions
180. Existing declarations to the Energy Safety website do not have a reference to any third party certification.
181. To address the transition to the new regulatory requirements, it is proposed that if an appliance has been previously declared to the Energy Safety website and it continues to be made available for supply in New Zealand by means of on-going manufacture or import to New Zealand, the declaration must be renewed before 15 months after the date of the new regulations coming into effect. This renewal will include the new third party certification component and any other new requirements outlined by the regulations.
182. If an appliance has been declared under existing regulation 15A(2)(b) (when the declaration relates to fewer than 11 appliances or fittings of the same type) and it is proposed to supply another such appliance, it is proposed that the manufacturer or importer will need to make a full notification to the Chief Executive as though this was a new appliance.
Life expectancy of a mandatory declaration
183. Current mandatory declarations have no expiry date. A declaration can theoretically be used to support an appliance in perpetuity provided the appliance is supplied as it was declared to the Regime.
184. Given that technology is continually resulting in improvements to gas appliances and manufacturers are constantly finding new components and ways to manufacture gas appliances there is the potential that a declaration to the Regime can become out of step with the actual appliance being supplied to the New Zealand market.
185. To address this, it is proposed that declarations will expire after three years from the date they are first made. If an appliance supplier wishes to continue to supply an appliance it is proposed that the declaration must be renewed with a new certification of the appliance supplied.
186. Additionally, it is proposed that any certification may not be issued more than twelve months before a declaration is made. The validity of a declaration is reliant on the certification being issued within twelve months prior to the date of the declaration.
Worked examples of how the proposed new Regime would work
NZ manufactured appliance
187. A sample from an appliance range made in New Zealand is sent to an IANZ accredited test facility in Auckland for testing to NZS 5262. An accredited conformance assessment body (CAB) is then asked to provide a certification that the appliance meets NZS 5262. The CAB examines test reports and makes the appropriate considerations and determines the appliance meets NZS 5262. The appliance supplier then declares the appliance to the Energy Safety website using the certification. The supplier ensures that marking and labelling requirements are met. The appliance is then able to be supplied in New Zealand.
Imported Appliance from Italy
188. A local entrepreneur arranges to import 1000 gas appliances from Italy. The appliances are accompanied by a certification from a conformance assessment body that has been accredited by an entity that is recognised by the International Accreditation Forum's Multi Regional Agreement.
189. The certification is that the appliance complies with the European Directive 90/396/EEC and thus the essential safety requirements of NZS 5262. The appliance supplier obtains IANZ test reports to show the appliances can operate under the New Zealand gas specification and climatic conditions and meets seismic requirements. The supplier then declares the appliance to the Energy Safety website using the certification and test reports as the basis. The supplier ensures that marking and labelling requirements are met. The appliance is then able to be supplied in New Zealand.
Appliance made to a standard referenced in NZS 5262.
190. A domestic outdoor gas barbeque appliance has been manufactured to meet AS 4557/AG 107-201. This is a Compliance Standard recognised in NZS 5262 as fully meeting the essential safety requirements. A certificate from an accredited CAB that has scope to this standard is able to be used as the basis for a declaration to the Energy Safety website.
191. The CAB certificate may cover all the requirements of regulation [13] or additionally the supplier needs to obtain IANZ test reports to show the appliances can operate under the New Zealand gas specification and climatic conditions and meets seismic requirements. The supplier then declares the appliance to the Energy Safety website using the certification and test reports as the basis. The supplier ensures that marking and labelling requirements are met. The appliance is then able to be supplied in New Zealand.
JAS-ANZ approval of certifying bodies.
192. The Chief Executive does not intend to individually approve a CAB itself but rather will recognise JAS-ANZ (or equivalent) accredited CABs with the appropriate scope e.g. a CAB with accreditation to ISO Guide 65 and NZS 5262.
193. It is envisaged that the basis of a certification will come from, at minimum, a single type test (as described more accurately in ISO Guide 65). If a CAB is in a position to undertake, for example, an ongoing programme of quality surveillance, that would be a welcomed additional activity.
194. It is recognised by New Zealand that the two main Australian CABs (AGA and SAI Global) operate in the fashion that they first assess the appliance by the most appropriate standard and where there may be any additional questions related to the safety of the appliance, the CAB may use other means to assess the appliance. This includes reference to other standards, additional testing and the application of the skill and knowledge of the CAB itself.
195. New Zealand acknowledges this and would expect CABs that are certifying to a means of compliance allowed by the gas safety regulations to follow this same approach.
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