Unsafe gas appliance
17D Unsafe gas appliance
This section applies if a gas appliance worker—
inspects and tests a gas appliance under section 17C or at the request of the owner or occupier of the premises where the appliance is located; and
believes on reasonable grounds the appliance is unsafe.
The gas appliance worker must immediately—
isolate the gas appliance from gas and electricity supplies; and
if necessary, disconnect the appliance from the consumer piping system or the electricity supply; and
securely attach, in a conspicuous place on the appliance, a defect tag that—
indicates that the appliance is unsafe and should not be operated; and
Example
‘danger, do not operate’
indicates that the appliance has been isolated or disconnected; and
states the reason for the isolation or disconnection; and
states the name, gas appliance worker licence number and telephone number of the gas appliance worker.
Maximum penalty: 10 penalty units.
Note If a defect tag is approved under s 19 (Approved defect tags) for this section, the tag must be used.
A gas appliance worker complies with the requirements of subsection (2) (a) if the gas appliance worker engages a qualified person to undertake necessary work for which the gas appliance worker is not qualified under the gas safety legislation or the Electricity Safety Act 1971.
A gas appliance worker commits an offence if the worker fails to give the owner or occupier of the premises written notice of the unsafe gas appliance.
Maximum penalty: 10 penalty units.
A notice under subsection (4) must—
identify the unsafe gas appliance and its location; and
state the date when the notice is given; and
set out the reason for the isolation of the appliance and the action necessary to make it safe; and
state the name, gas appliance worker licence number and telephone number of the gas appliance worker.
The gas appliance worker must also tell an inspector about the unsafe appliance and the action taken under subsection (2).
A gas appliance worker who gives a notice under subsection (4) must keep, for at least 5 years, a record of the notice including a record of—
the unsafe gas appliance; and
the premises where the appliance is located; and
when the notice was given.
A gas appliance worker who keeps a record under subsection (7) must produce the record if asked to do so by an inspector.
An offence against this section is a strict liability offence.
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