Defective gas installations

Advisory note01/2024
ForLicensees and contractors working in the gasfitting industry
ScopeApplies to all areas in New South Wales

Issue

The Gas and Electricity (Consumer Safety) Act 2017 and the Gas and Electricity (Consumer Safety) Regulation 2018 prescribe the requirements that must be followed by a gas licensee when completing and testing a gas installation.

References

Gas and Electricity (Consumer Safety) Act 2017

Section 4 - Definitions

Gas appliance

Gas appliance means any gas burning or gas using appliance that is manufactured, adapted or designed for connection to a gas installation, whether by means of a gas outlet socket or otherwise, and includes any liquefied petroleum gas dispenser, catalytic burner or vaporiser, but does not include:

  • an internal combustion engine that is installed in, or forms part of, a vehicle, vessel or machine, or
  • an appliance used in a medical facility for the supply or removal of a medical gas.
Gas component

Gas  component means the following:

  • a gas regulator,
  • any other item prescribed by the regulations for the purposes of this definition.
Gas container

Gas container includes a gas cylinder, a gas cartridge, a pressure vessel and a gas tank.

Gas installation

Gas installation means the following:

  • any pipe or system of pipes used to convey or control gas, and any associated fittings and equipment, that are downstream of the gas supply point, but does not include anything beyond the gas installation end point, and
  • any flue that is downstream of the gas supply point.

It does not include:

  • an autogas installation, or
  • a medical gas installation.
Gas fitting work

Gasfitting work means any work involved in:

  • the installation, alteration, extension or repair of a gas installation, or
  • the installation, alteration, extension, removal or repair of a flue, or
  • the connection of a gas installation to, or the disconnection of a gas installation from, a gas supply point, or
  • the connection of a gas appliance to, or the disconnection of a gas appliance from, a gas installation (otherwise than where the point of connection is a gas outlet socket), or
  • the connection of a gas container, gas regulator or gas appliance to, or the disconnection of a gas container, gas regulator or gas appliance from, a gas installation (otherwise than where it is designed to be readily detachable from the installation whether by the use of a tool, mechanical force or otherwise).

Section 34 - Work to comply with regulations

A person must not carry out the following work otherwise than in accordance with the standards or requirements (if any) prescribed by the regulations for the purposes of this section.

  • electrical installation work, or
  • gasfitting work, or
  • autogas work on an autogas installation.

Gas and Electricity (Consumer Safety) Regulation 2018

Division 1 Gas installations (supplied from a gas network)

Clause 42 - Testing for defects and certificates of compliance

Immediately after completing gasfitting work on a gas installation, the responsible contractor for the carrying out of the gasfitting work:

  • must test the installation for defects, and
  • must inspect all gas appliances connected to the installation.

Maximum penalty -100 penalty units (in the case of a corporation) or 25 penalty units (in the case of an individual).

Within 5 business days after testing a gas installation following the completion of gasfitting work, the responsible contractor for the carrying out of the gasfitting work must issue a certificate of compliance that complies with this clause, with respect to that work:

  • to the owner of the installation or a person having the control or management of the installation, and
  • to the Secretary.

Maximum penalty -100 penalty units (in the case of a corporation) or 25 penalty units (in the case of an individual).

A certificate of compliance:

  • must be in the form approved by the Secretary, and
  • must indicate the nature of the gasfitting work that has been carried out, and
  • must state that the gasfitting work has been carried out in accordance with a relevant Standard referred to in clause 39, and
  • must indicate whether or not the gas installation is in safe working order.

The responsible contractor for the carrying out of the gasfitting work must, within 5 business days after completing the gasfitting work, send a copy of the certificate of compliance to the relevant network operator (within the meaning of the Gas Supply Act 1996).

Maximum penalty -100 penalty units (in the case of a corporation) or 25 penalty units (in the case of an individual).

A person who issues a certificate of compliance must keep a copy of the certificate for 5 years from the date on which it was issued.

Maximum penalty -100 penalty units (in the case of a corporation) or 25 penalty units (in the case of an individual).

Division 2 Gas installations (not supplied from a gas network)

Clause 44: Testing for apparent defects

Immediately after the completion of gasfitting work on a gas installation, the responsible contractor for the carrying out of the work:

In the case of work comprising the installation of a new gas installation:

  1. must inspect all gas containers, gas regulators and gas appliances connected to the installation, and
  2. must test the whole installation for apparent defects, or

In the case of work comprising the alteration, extension or repair of an existing gas installation:

  1. must inspect such part of the installation as has been altered, extended or repaired, and
  2. must inspect all gas containers, gas regulators and gas appliances connected to such part of the installation as has been altered, extended or repaired, and
  3. must test the whole installation for apparent defects.

Maximum penalty -100 penalty units (in the case of a corporation) or 25 penalty units (in the case of an individual).

Clause 45 - Certificates of inspection

Within 5 business days after testing a gas installation following the completion of gasfitting work, the responsible contractor for the carrying out of the work must issue a certificate of inspection for the installation to:

  • the owner of the installation or a person having the control or management of the installation, and
  • the Secretary.

In the case of a gas installation that is installed in any premises (or in any machine that forms part of any premises), the responsible contractor for carrying out the work must also send a copy of the certificate within the 5-business day period referred to in subclause (1) to any other person who appears to be the usual supplier of gas for use in connection with the installation if the certificate indicates that the installation is apparently defective.

A certificate of inspection must:

  • be serially numbered and in the form approved by the Secretary, and
  • if it indicates that the installation to which it relates is apparently defective, must specify what work needs to be done to rectify the apparent defect.

A person must not issue a certificate of inspection with respect to a gas installation that is apparently defective unless the nature of the apparent defect is indicated on the certificate.

A person who issues a certificate of inspection under this clause must keep a copy of the certificate for 5 years from the date on which it is issued.

A certificate of inspection issued in respect of a gas installation ceases to have effect if a further certificate of inspection is issued in respect of the same installation.

Maximum penalty -100 penalty units (in the case of a corporation) or 25 penalty units (in the case of an individual).

Clause 47 - Defect notices

The responsible contractor for the carrying out of gasfitting work on a gas installation:

  • if satisfied that the gas installation, or any gas container, gas regulator or gas appliance connected to the installation, is apparently defective, must attach a defect notice to the installation, container, regulator or appliance, and
  • if the apparent defect cannot be isolated from the installation, must remove any compliance plate from the installation.

Maximum penalty -100 penalty units (in the case of a corporation) or 25 penalty units (in the case of an individual).

A defect notice must:

  • have the word “defect” clearly printed on it in upper case letters in type at least 20 millimetres high, and
  • be made of durable and weather-resistant material, and
  • be securely attached to the gas installation, gas container, gas regulator or gas appliance in a conspicuous position, and
  • be in the form approved by the Secretary.

Approved Defect Notice - Template

The defect notice has been approved by the Secretary and must contain all information and formatting as per the below template.

Important note
1. The word “DEFECT” must be all uppercase letters and in type at least 20mm high.
2. The Defect Notice must be made of durable and weather-resistant material.

Requirements

Gas fitters must test gas installations for apparent defects immediately after completing any gasfitting work on the installation.

If any defects are identified, the gas fitter must indicate what the defect is in the submission of the Certificate of Compliance or Certificate of Inspection.

In the case of a gas installation that is not supplied from a gas network, such as LPG installations, the gasfitter must also attach a defect notice to the defective part of the installation or defective item attached to the installation.

The defect notice must be sourced or created by the gas fitter based on the approved template detail provided in the above section ‘Approved Defect Notice – Template.’

Contact us

For more information, please email the Building Specialist Compliance Unit (BSCU) team via [email protected]


This advisory note has been approved for issue by the BSCU Technical Review Committee. Information contained within this document is current as of January 2024 and refers to codes and standards current at the time of writing. NSW Building Commission disclaims any liability (including for negligence) to any person in respect of anything done, or not done, by that person in whole or partial reliance on any of the information in this advisory note.

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