Inspection and Servicing of Gas Appliances, Flues and Non-Electrical Heating Systems Policy INFORMATION Policy Name Prepared by Policy Created Date of Last Review Date of Current Review Date of Next Review Consultation Operating Board Subsidiary Boards CGG Resident Involvement Equality Analysis Approved By Date Approved Responsible for Version Control Overall Responsibility for Policy DATE/DETAILS Inspection and Servicing of Gas Appliances, Flues and Non-Electrical Heating Systems Policy Executive Director of Property Asset Management 4th June 2014 4th June 2014 2nd February 2015 February 2017 Group Board February 2015 Executive Director of Property Asset Management Group Chief Executive Inspection and Servicing of Gas Applicances, Flues and Non-Electrical Heating Systems 1/7 1. Statement of Objectives To establish a policy for compliance with the Gas Safety (Installation and Use) Regulations 1998, specifically Regulation 36 and any other repairing obligations and statutory requirements regarding inspection and repairing of gas appliances, flues and non-electrical heating installations. Ensure that such a policy delivers an efficient and economical system of heating each customer’s premises whilst maintaining 100% compliance with Gas Safety legislation. Your Housing Group (YHG) owns or manages a large portfolio of properties across a wide geographic area of the North of England. These properties are of varying type and tenure and include depots and commercial premises alongside domestic accommodation. This document should be used by all employees, customers and stakeholders of YHG to understand the obligations placed upon YHG to maintain a safe environment for their customers and employees within the property of each customer. This document is a stand-alone document supported by a procedural document which, itself, must always be read in-conjunction with this policy document to ensure the procedural document is read and delivered in context. This document will be stored in YHG’s Governance Procedures File for internal customers. This document will be available to be viewed via YHG’s internet portal for external customers. 2. Compliance with Regulatory Standards and Legal Obligations The application of this policy ensures compliance with the regulatory framework for social housing in England introduced by the HCA in April 2012. This policy operates within the context of regulatory legal frameworks as follows: Health and Safety at Work Act 1974 Gas Safety (Installation and Use) Regulations 1998 Control of Substances Hazardous to Health Regulations 2002 Control of Pollution (Oil Storage) (England) Regulations 2001 Management of Health and Safety at Work Regulations 1999 Workplace (Health Safety & Welfare) Regulations 1992 Landlord and Tenant Act 1985 Equality Act 2010 Leasehold Reform, Housing and Urban Development Act 1993, (section 121) Compliance with HETAS guidance (solid fuel systems) Your Housing Group acknowledges and accepts its responsibilities under the Gas Safety (Installation and Use) Regulations 1998 and that failure to properly discharge these responsibilities may result in: Prosecution by Health and Safety executive under Health and Safety at Work Act 1974 Inspection and Servicing of Gas Applicances, Flues and Non-Electrical Heating Systems 2/7 Prosecution under Corporate Manslaughter and Corporate Homicide Act 2007 HCA serious detriment judgement Recourse to legal action to ensure access is provided by customers will also be considered in appropriate cases. It is a requirement of each tenancy agreement that customers permit access and therefore a breach of tenancy if access is not permitted. As part of its No Access Procedure YHG will consider: Injunctions (all types) Other legal remedies including Possession Orders and Environmental Protection Orders (EPO’s) Activation of interrupters to ‘encourage’ customers to make and maintain access. The use of interrupters will be carefully considered alongside a vulnerability assessment by Landlord Services – no access for gas servicing is usually a symptom of wider problems the organisation may be having with a particular customer. Interrupters should only be activated in cases where it would not cause further ‘issues’ to an already potentially vulnerable customer(s) Where interrupters are fitted, this will be recorded and monitored by the Head of Statutory Compliance. YHG will ensure that competent contractors are instructed to service gas and non-gas installations within the timescales prescribed. A record of the regular checks will be maintained by the Head of Statutory Compliance. 3. Corporate Fit This policy is consistent (where relevant) with YHG’s current policies, specifically: Corporate Plan Business Plan The Group is undertaking a wide ranging review of all of its polices and as these are formulated it will be the responsibility of the Executive Director of Property Asset Management to ensure any necessary updates to this policy are made in a timely manner The Executive Director of Property Asset Management when undertaking the scheduled review will ensure the policy remains complimentary with the above and any relevant iteration thereof including any new policies that are implemented from time to time between scheduled reviews. Any new draft policy and procedures will be reviewed by the Procedural Forum has part of the review process. 4. Policy Detail. YHG will hold and maintain accurate records against each property or scheme within the ORCHARD database setting out the requirements for gas safety checks and servicing of appliances and/or flues and/or oil and/or solid fuel appliances. Inspection and Servicing of Gas Applicances, Flues and Non-Electrical Heating Systems 3/7 Each property or scheme requiring a service will have an anniversary date not more than 12 months following the completion date of the previous safety inspection and annual service. This anniversary date may change within this 12 month period if there is: Change of customer/tenure (property becomes void or mutual exchange) Installation of new gas appliances (including new developments/improvements) Removal/Installation of gas supply (void property and new developments/improvements) How each of these is dealt with is covered in the Gas Safety Procedures document that supports the delivery of this policy. YHG will operate a gas servicing programme that commences at the 10 month anniversary date of the most current Landlord’s Gas Safety Record (LGSR) to ensure that sufficient time is available to carry out a service before the expiration of the existing LGSR. Non-gas systems that use flues/chimneys In schemes and/or properties where the heating is run from either solid fuel or oil the servicing regime will run along the same lines as a property with a gas supply (i.e. annual service running from anniversary date except for coal which will require a twice yearly flue ‘sweep’). Servicing of Smoke Alarms/Carbon monoxide detectors. YHG will, at the same time as servicing for gas safety, ensure that a check is made on installed smoke alarms and carbon monoxide detectors. This will be included in all future contractual arrangements for gas servicing. (This policy relates to servicing existing in-situ installations only – the fitting of new smoke alarms/carbon monoxide detectors will be covered in the policy dealing with new developments and/or improvements) In addition, YHG will actively promote all areas of safety in the home by multiple platforms, including: 5. Supporting Gas National Safety Week (and others) as they occur Regular updates in YHG customer communications Promotion on the YHG website Potential inclusion on any general communications with customers i.e. repair receipts, rent statements etc. Annual Press Release Regular employee briefings Risk Management YHG Business Plan reflects that gas servicing is a key landlord responsibility. With regard to this YHG will seek to mitigate against business risk through managing the gas maintenance and service programme in an efficient, effective and economic manner. Risk here is not just risk to the business – the first and most crucial risk is that to the safety of the customer and other people present within the premises. 6. Funding Inspection and Servicing of Gas Applicances, Flues and Non-Electrical Heating Systems 4/7 YHG will allocate sufficient resources from within its cyclical maintenance budget to enable gas servicing in all identified properties. As part of the annual setting of the budget the forward development programme will be considered, along with a review of the legal costs incurred associated with gaining access. 7. Training This policy and the procedures that support it will be the subject of a mixed platform of training across YHG and include all stakeholders. This training will be bespoke to the individual stakeholders, and refresher training as appropriate, and include: Team Briefings – for those who need to be aware of but not actively involved in the delivery On the job training – for those who need to use the procedures in their daily roles Regular Tool Box refreshers – for those using the procedures Monitors briefing – for those involved in the monitoring of performance but not involved in the day to day delivery. 8. Record Keeping It is essential that all information is accurately recorded and maintained primarily within ORCHARD and DOCUMOTIVE, to ensure the service is delivered in line with this policy. The methods and procedures of record keeping, to be followed, are contained within the Gas Safety Procedures. 9. Performance Management/Monitoring and Reporting The Business Intelligence team will produce reports in relation to the agreed Key Performance Indicators (KPI’s). These will be produced and reported as detailed within YHG Performance Management Matrix included in the procedure manual. Robust measures will be in place to manage all contractors involved in gas safety checks and servicing of appliances. These are also detailed in the procedure manual for this policy. As a minimum the following KPI’s will be monitored: The percentage compliance for Landlord’s gas safety records broken down according to the total number of properties where YHG has a responsibility for servicing and maintenance of gas appliances Should a LGSR go out of date, we will record the longest number of days that a gas safety record is out of date, to include full details of the actions taken to gain access The average number of days that a Landlord’s gas safety record is out of date for properties that are not compliant with an accompanying list of the address or addresses. The average number of days taken to commence Legal proceedings to access a property from the expiry date of the LGSR The addresses where LGSR’s will become overdue within two weeks of the relevant report date Information identified from Audit Compliance checks YHG will seek to involve customers/stakeholders in the review of performance either as part of normal monitoring meetings or via separate constituted forums. Inspection and Servicing of Gas Applicances, Flues and Non-Electrical Heating Systems 5/7 10. The Board and Executive Team The Board will receive regular updates on the implementation of the Gas Servicing Policy and performance so that they can have assurance that it is operating effectively in practice. The Audit & Risk Committee will also monitor this assurance. The Executive Team will receive reports in line with the Performance Management Matrix (set out in the procedures) and undertake all steps necessary to support the Executive Director of Property Asset Management in ensuring 100% compliance. The Executive Director of Property Asset Management has responsibility for overseeing the implementation of the inspection and servicing of gas appliances, flues and non-electrical heating installations policy. The Head of Landlord Services and their team will provide key support in gaining access into properties, where access is proving difficult using a variety of methods (process detailed in procedure document). Overall responsibility for ensuring full 100% compliance will rest with the Executive Director of Property Asset Management. 11. Equality and Diversity This policy complies with current Equality and Diversity legislation to ensure equality of treatment for all customers without discrimination or prejudice. The policy will pay particular regard to ensure it is sensitive to such diversities surrounding access to properties and delivery of such services. YHG will ensure the maximum information in relation to the customer and the property is available and is used by both its employees and its contractors to enable the service to be delivered sensitively to YHG customers. All protected attributes (as defined within the Equality Act 2010) will be considered. On request, YHG will provide translations of all its documents, policies and procedures in various languages and other formats such as computer disc, tape, large print, Braille etc, and these can be obtained by contacting YHG. YHG recognises that confidentiality is important to customers and will treat all information relevant to each customer in the strictest confidence, as will all contractors, under the Data Protection Act 1998. 12. Strategic Aspiration Aims YHG will have a number of aspirations to improve service to customers. Two of the main current aims under this policy are: Service to Leaseholders YHG will review its service to leaseholders (former customers who have purchased their homes leasehold) who should be encouraged to make use of the servicing policy of YHG. This will assist Inspection and Servicing of Gas Applicances, Flues and Non-Electrical Heating Systems 6/7 in ensuring the maximum safety within each block of properties where leaseholders are present. YHG will consider amending future leases to ensure it is an obligation of such leases for the leasor to provide evidence of an annual gas safety check of their property. Use of customer data to profile individual service to that customer The data available to support such an approach will require a wider customer profiling exercise by YHG to enable YHG to take a proactive rather than a reactive role to considering customers ‘needs’. 11. Future Reviews YHG will review the Gas Servicing Policy every two years or sooner if required by statutory, regulatory or best practice requirements or the need to update following reviews of other Group wide policies. The Executive Director of Property Asset Management will be responsible for this review and ensuring this policy and the procedures supporting its implementation remain up to date. Inspection and Servicing of Gas Applicances, Flues and Non-Electrical Heating Systems 7/7