Showing posts with label ELECTRICAL CONTRACTOR. Show all posts
Showing posts with label ELECTRICAL CONTRACTOR. Show all posts

Friday 27 May 2016

Certificates 4 Landlords - Smoke Alarms

Introduction


From the 1st October 2015 regulations require smoke alarms to be installed by qualified electricians in rented residential accommodation and carbon monoxide alarms in rooms with a solid fuel appliance. Changes are also made to the licence requirements in relation to houses in multiple occupation (HMOs), such as shared houses and bedsits which require a licence and also in relation to properties which are subject to selective licensing. The Regulations apply both to houses and flats. Failure to comply can lead to a civil penalty being imposed of up to £5,000.
These provisions only apply in England; not Wales.

Who is affected?

The requirements are imposed on the immediate landlord. There is an exemption for providers of social housing. A tenancy includes a licence to occupy a residential premises and it also extends to subletting for these purposes.
In the case of a licensed HMO or where there is a selective licensing it is the responsibility of the licence holder to ensure that mandatory conditions imposed in relation to the installation of alarms are complied with.

The premises affected

These duties apply to residential premises which means premises all or part of which comprise a dwelling. Thus, it will apply to a flat over a shop. If the property is a licensed HMO or subject to selective licensing there are mandatory conditions imposed on licences.
The premises must be let under a specified tenancy or a licence. This is a tenancy or licence of residential premises which grants one or more persons the right to occupy premises as their only or main residence. Rent or a licence fee must be payable.
There are various exemptions:-
  • A tenancy under which the occupier shares any accommodation with the landlord or a member of the landlord's family. There must be a sharing of an amenity which includes a toilet, personal washing facilities, a kitchen or a living room but excludes any reference to storage or access.
  • A tenancy which is a long lease or which grants a right of occupation of the premises, i.e. for more than 21 years.
  • Student halls of residence.
  • Hostels
  • Care homes
  • Hospitals
  • Accommodation relating to health care provision

Requirement for Smoke alarms

During any period beginning on or after 1st October 2015 while the premises are occupied under a tenancy (or licence) the landlord must ensure that a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation. A living room will include a lounge dining room and kitchen as well as a bathroom or toilet. It also includes a hall or landing. This means that a smoke alarm must be provided in working order on each storey. The RLA takes the view that mezzanines are caught by this legislation where they contain a room used wholly or partly as living accommodation, including a bathroom or toilet. As regards individual flats located on one floor then there will have to be at least one alarm within the flat itself or alternatively are provided outside the flat on the same floor of the building, i.e. a communal alarm.
Likewise, for flats comprising more than one storey there will need to be a smoke alarm on each floor.
It is the location of an alarm which sounds which is crucial; not the positioning of detectors.
The Regulations do not stipulate what kind of alarm is required. Ideally it should be a hard wired alarm system. It can, however, be a single standalone alarm. Landlords are recommended by the RLA to fit ten year long life tamper proof alarms, otherwise there is a problem of batteries being taken out and not being replaced.
As a final note, heat detectors are not considered sufficient. It will have to be a smoke detector.

Carbon monoxide alarms

Additionally, landlords must ensure that there is a carbon monoxide alarm fitted in any room that is used partly or wholly as living accommodation which also contains any appliance which burns, or is capable of burning, solid fuel. This would include log and coal burning stoves and open fires, even if they are not normally in use, but does not include gas and oil boilers. If an open fireplace is purely decorative and not useable then it is not covered by the regulations.
Gas is not a solid fuel and so there is no requirement to fit one near a gas boiler. It is still advisable as best practice however.

Checks

The landlord is specifically required to carry out a check to ensure that smoke alarms or carbon monoxide alarms installed to comply with the Regulations are in proper working order on the day a tenancy begins where it is a new tenancy. A new tenancy is a tenancy granted on or after 1st October 2015.
For these purposes a new tenancy does not include a tenancy which was granted where the original agreement was entered into before 1st October 2015; nor does it include a periodic statutory tenancy which arises when a fixed term shorthold tenancy ends. It does not apply to a tenancy which starts at the end of an earlier tenancy where the landlord and tenant are the same as under the earlier tenancy and the premises are the same (or substantially the same) as those under the earlier tenancy. Therefore this express requirement to check does not apply to the renewal of a tenancy for the same premises by the same landlord to the same tenant. This should not be confused with the requirement to install detectors and alarms which applies to tenancies in existence before October 1st 2015.
In our view, landlords should not be under a false sense of security because of this provision. Our reading of the regulation is that there is an ongoing obligation to ensure that any smoke alarm or carbon monoxide alarm installed to meet these requirements is in working order. Alarms should therefore be checked periodically to see that they are working properly. There is no reason why this responsibility should not be placed on the tenant and the government guidance does suggest the tenant check monthly. However, the landlord will then have to make sure that the tenant does actually carry out the checks. If challenged, a landlord could have to show that a proper system has been put in place to check alarms regularly.

Placement of Alarms

The regulations do not tell landlords where to place the smoke alarms, instead the guidance suggests the landlord follow the manufacturer's instructions which will typically be at head height between 1-3 meters away from the solid fuel burning source for carbon monoxide alarms and in a circulation point for smoke detectors.

HMOs and Selectively licensed properties

As from 1st October 2015 new licence conditions will be included requiring the provision of smoke alarms and fire detectors. In the case of HMO licences they already contain provisions for alarms in any case. The regulations themselves are not applicable in this kind of accommodation.

Enforcement

The local authority is responsible for enforcement.
A local authority must serve a remedial notice within 21 days where they have reason to believe that the landlord is in breach of any of these duties relating to smoke alarms or carbon monoxide alarms. A remedial notice must specify the action to be taken within 28 days of the date of the service of the notice. It allows the landlord 28 days to make representations against the notice.
The landlord must then take the required action within the period allowed. There is an excuse for a landlord for non-compliance with the notice if the landlord can show that he has taken reasonable steps to comply with the duty, but the landlord is not required to take legal proceedings. This could cover a situation where the tenant refuses access to allow the work to be done.
If the landlord fails to take action then the local authority must, if it has the necessary consent to do so, arrange for the work required to be undertaken within 28 days of consent being obtained if consent of the occupier of the premises is required. Therefore if a local authority is also refused access by the tenant it cannot take the necessary steps itself.

Penalties

If the landlord is in breach the local authority may require the landlord to pay a penalty charge up to a maximum of £5,000. It has discretion whether or not to impose this charge. If it intends to impose a charge it must serve a penalty charge notice within six weeks from when it is first satisfied that a breach has occurred. A right to make representations against the penalty notice is given and the local authority may reduce the charge for prompt payment.

Appeals

If the local authority upholds a penalty charge notice there is a right to appeal for the landlord to the First Tier Tribunal. The Grounds of Appeal are:-
  • Local authority has made an error of fact or law
  • The amount of penalty charge is unreasonable
  • The decision to impose a penalty is unreasonable for any other reason
Payment of the penalty is suspended pending any appeal.

Local authority penalty policy

Each local authority must publish a statement of principles which will be followed in determining the amount of any penalty charge. This statement will be taken into account in deciding on an individual penalty for a particular case.

Saturday 8 November 2014

PAT TESTING GLASGOW


Almost every person responsible for Health and Safety In Glasgow, at the workplace has, at some point, had to consider how important the need for PAT testing is. Many people claim it’s a legal requirement – but is that a fact or a myth?
As we know that Health and Safety is so important to employers – yet surrounded by so much confusion - we offer a 4-day comprehensive Health and Safety course which is accredited by IOSH (the Institution of Occupational Safety and Health). Of course, protecting your employees from harm is your number one priority – but there are lots of other benefits of Health and Safety training as well.
Here are words from our trainer, Andrea, on the subject of PAT testing - and other Health and Safety myths.

What are PAT Tests?

Portable Appliance Testing is simply a way of checking electrical items to ensure they don’t pose a danger Tested by a qualified person / electrician in Glasgow

The Big Question - Do You Need PAT Testing?

Whilst the Health and Safety at Work Act places an obligation on employers to take practical steps – such as PAT testing – to ensure their employees don’t come to harm, the truth is thatPAT testing is not a legal requirement at the moment in the UK. The fact that it’s one of the most frequent – and hard-sold – services by cold callers means that many companies are lead to believe that they have to test their portable appliances every year. But one of the most important things about PAT Testing, is the fact that the testing is done to ensure the safety of people using the equipment. It can also help in isolating a fault that is plugged into a circuit.Call today for a free quote in the west end Glasgow

Health and Safety mythsHealth and Safety in the News

We read so much about daft rules made in the name of health and safety that we could be forgiven for believing that much, if not all, health and safety legislation is stupid, bureaucratic, over-complicated and unnecessary -  a view which seems to be promoted by certain sections of the press at regular intervals.
Headlines such as “Bosses at Butlins Ban Bumper Cars Over Health and Safety Fears”, “Conker Time Dangers” and “Housing Association Warns of Ban on Hanging Baskets Amid Safety Fears” frequently appear and purport to reflect requirements of health and safety legislation – all refuted by the HSE as myth.
You may have read in the newspapers or seen on the television last year a report about the Royal Academy painter who was told to move his easel from Trafalgar Square over health and safety fears.  But you probably won’t have seen the letter sent from Judith Hackitt, Chair of the Health and Safety Executive (HSE) in response:
“I share your dismay with the petty limitations and restrictions with which some seem intent on burdening those of us who just want to get on with living our lives. I would be interested to know whether there is any real or valid reason for the restrictions you continue to encounter, because I can promise you they have absolutely nothing to do with health and safety.
“Real health and safety is about dealing with risks that are likely to cause serious harm or even death to those in workplaces. I would urge you to challenge those jobsworths who persist in devaluing the real and important stuff by using "elf 'n' safety" as an easy excuse for spoiling everyone else's enjoyment.”

Health and Safety Myth-Busters

The ridicule of health and safety in the press is far more widespread than just the media - the promulgation of these popular myths trivialises genuine health and safety requirements and legislation. This has become such a concern that the HSE has set up a Myth Busters Challenge Panel. The purpose of the panel is to “provide a mechanism for anyone (whether on behalf of a company or organisation, or as an individual), who receives advice or is told that a decision has been taken in the name of health and safety that they believe to be disproportionate or inaccurate, to challenge that advice.
The question of PAT testing under the Electricity at work Regulations is a very good illustration of this point. Here is the advice from the HSE following a question given to the panel:
“Unnecessary electrical safety tests cost office-based businesses an estimated £30 million a year.
“It's a myth that every portable electrical appliance in the workplace needs to be tested once a year - and what's more it's a costly one.
“Misleading advice and advertising, often by companies who offer the testing, is contributing to low-risk businesses such as offices, shops and hotels paying unnecessarily for over-the-top maintenance regimes.
“The law simply requires an employer to ensure that electrical equipment is maintained in order to prevent danger - it does not state that every item has to be tested or how often testing needs to be carried out.
"Testing appliances to ensure that they are safe to use can contribute to an effective maintenance regime, but in a low-risk environment most dangerous defects can be found simply by checking the appliances for obvious signs of damage such as frayed cables.”
So, in essence, although you are not legally required to pat test your electrical equipment annually (or at all); common sense would suggest that if electrical equipment is used in such a way that it is likely to become damaged in use, then inspections at regular timed intervals would be a wise precaution to prevent potential accident or injury.

Does your place of work need PAT testing?Still not sure what to do?

First, have a look at the Direct Gov website for details of what is required in terms of employers’ health and safety responsibilities.
Proper Health and Safety training is then needed to ensure you have proper understanding of your responsibilities and practical training in risk assessment, hazard identification and measuring performance. Our 4-day Health and Safety training is accredited by IOSH – and is a firm favourite with our clients.
There is some very useful information, including a very interesting case study on the HSE website, which also gives helpful and practical guidance and advice on portable appliance testing - although probably not such good reading for those jobsworths who use elf ‘n’ safety as an easy excuse for spoiling everyone else’s enjoyment!

Ensuring Safe Homes: The Imperative of Electrical Testing, Qualified Electricians, and EICRs for Landlords in Glasgow

https://g.co/kgs/Fsif6i Introduction Renting out a property comes with significant responsibilities, particularly when it comes to the safet...