Trader Fined £13,998 For Undertaking Illegal Gas Work In Kent, UK

Main Category: Public Health
Article Date: 05 Aug 2008 - 4:00 PDT

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The Health and Safety Executive (HSE) is urging people to only use competent, registered gas fitters when having their boilers and heating systems serviced.

This follows a joint investigation by the HSE and Kent County Council's Trading Standards (KTS) into dangerous work carried out on gas appliances in the homes of elderly people in Kent. At Margate Magistrates' Court today, defendant Tommy Smith pleaded guilty and was fined £13,998 breaching gas safety legislation.

HSE inspector Mike Walters said:

"We are pleased that justice has been done today. It is illegal to carry out gas safety work if you are not registered to do so. Mr Smith took advantage of these vulnerable, elderly residents and as a result, not only broke the law, but caused them deep distress, and potentially put their lives at risk.

"It is essential that individuals and companies who carry out work on chimneys adhere to the guidance given, including the Gas Safety Installation and Use Regulations 1998, to stop instances like this from happening again."

Mr Smith undertook building work in Thanet in January 2007, targeting elderly and vulnerable homeowners. The HSE and KTS described how Mr Smith reduced the height of two chimneys, which contained gas boiler flues, giving rise to a risk of the build up of carbon monoxide in the properties affected. Fortunately, no one was harmed.

HSE charged Mr Smith with breaching two counts of Regulation 8(1) of the Gas Safety Regulations 1998 involving undertaking work on chimneys which resulted in a risk of carbon monoxide build up in the two properties involved. For this offence's the Court imposed a fine of £13,998 and costs of £12,212.90.

KTS stated that Mr Smith breached two counts of the Regulation 4A(1) Consumer Protection by entering into a contract but failing to deliver written notice of consumers' cancellation rights. The trader was also accused of one breach of Section 4 of the Business Names Act 1985 by failing to state contact details on an invoice where legal documents could be served.

Notes

The investigating officers at HSE and KTS request that the media do not directly approach the victims/witnesses involved in this case. The effects of this type of criminal activity on elderly and vulnerable people can be devastating. A part of our work is not just to investigate such offences but also to provide ongoing support to the victims

1. Regulation 8(1) of the Gas Safety Installation and Use Regulations 1998 states that: no person shall make any alteration to any premises in which a gas fitting or gas storage vessel is fitted if that alteration would adversely affect the safety of the fitting or vessel in such a manner that, if the fitting or the vessel had been installed after the alteration, there would have been a contravention of, or failure to comply with, these Regulations.

2. Workers undertaking gas installation and maintenance work must be registered. HSE has announced that CAPITA is its preferred bidder to provide a new gas installer registration scheme in Great Britain from April 2009. This scheme will replace the one currently operated by CORGI. For further information about the new gas registration scheme see http://www.hse.gov.uk/gas/domestic/safetyreview.htm

For more information on gas health and safety go to: http://www.hse.gov.uk/gas/index.htm

http://www.hse.gov.uk