Gas appliances: be on the safe side of the law

By Insaaf Davids

Eskom’s price hikes have prompted a growing number of consumers to install liquefied petroleum (LP) gas appliances.

For this reason, along with health and culinary factors, gas hobs, combination gas-and-electric hobs, water heaters, refrigeration and even gas fire-places are becoming increasingly commonplace in South African households.

But while choosing and installing gas appliances makes good economic sense, the accompanying potential pitfalls dare not be ignored.

Of particular relevance is that sale agreements include a clause that provides for a compliance certificate to be provided by the seller where there are permanent gas installations on the property.

Installation is regulated by standards and procedures contained in the SOUTH AFRICAN NATIONAL STANDARDS (SANS) 10087 - 1:2004 and the Occupational Health and Safety Act (OHS Act) no 85 of 1993.

Such standards and procedures govern ventilation, safety distances and the location of the cylinders.

In terms of the OHS Act, the Pressure Equipment Regulations require that all LP Gas installers undergo specific training and are registered with the South African Qualification and Certification Committee (SAQCC) Gas on behalf of the Department of Labour.

In July 2009, the Minister of Labour published amended 'Pressure Equipment Regulations’ (PER), which took effect in October 2009.

These regulations set out the requirements for the design, manufacture, operation, repair, modification, inspection and testing of pressure equipment with a design pressure equal to or greater than 50kPa. In terms of the relevant health and safety standards incorporated into the Regulations under section 44 of the Act, reference to “pressure equipment” includes transportable gas containers, and even hot water geysers.

Significantly, the amendment placed a duty on the homeowner, requiring as it does that an external inspection and leak test are performed by an authorised person after installation or reinstallation and before the commissioning of a gas system.

Regulation 17(3) provides that an authorised person, registered with The Liquefied Petroleum Gas Safety Association of Southern Africa (LP Gas), or an approved inspection authority shall issue a certificate of conformity after completion of a gas installation, modification, alteration or change of user or ownership.

Before the amendment was introduced, a certificate of conformity was not compulsory and only at times required when insuring property. Even so, some insurance companies did not pay out in cases where an explosion or fire was proven to have been caused by an LP Gas installation with no accompanying compliance certificate or certificate of conformity.

Homeowners are urged to make themselves fully aware of the duty that the amendments places on them to ensure that they are in possession of a Certificate of Conformity/Compliance when gas appliances with permanent LP Gas cylinders are installed on the property. When the property is sold, the Certificate of Conformity/Compliance must be given to the new owner of the property.

As with electrical installation and the issuing of an Electrical Compliance Certificate, the regulations do not specify how they are to be enforced. Be that as it may, it would be prudent to include this provision in the agreement of sale of the property, since non-compliance is a criminal offence.

Regulation 20 provides that an offender, if convicted, is liable to a fine, or to imprisonment for a period not exceeding 12 months.

Buyers beware. The next time you purchase property with a permanent domestic gas installation, a Certificate of Conformity must be issued by a registered installer and handed to you by the seller.

The only respite is that the provision does not prohibit the transfer from being registered without the Certificate of Conformity.

Insaaf Davids is an associate in Bowman Gilfillan’s Cape Town Office