Procedures for Gas Safety inspection via EPA
EACH REQUIRMENT MUST BE MARKED AS COMPLETE PRIOR TO COMMENCING TO NEXT STAGE.
Tenants Full Name: / Date:Property Address:
1.0 / Landlord Discharges Duties in accordance with Reg 36 Gas Installation Regulations / YES / NO
1.1 / Has at least four written entry /C0 inspection request letters been sent to the tenant’s property?
1.2 / Have at least two personal visits/attempts of contact to the property been undertaken by either the housing officer or a maintenance engineer?
1.3 / Has the final or at least one of the letters from Q: 1.2 been sent via recorded delivery?
1.4 / Was the above letters accompanied with Gas Safety / C0 Guidance literature?
1.5 / Have all reasonable steps been undertaken to ensure the tenant is not held in custody?
1.6 / Have all reasonable steps been undertaken to ensure the tenant is not in hospital?
1.7 / Have all reasonable steps been undertaken to ensure the tenant is not abroad?
1.8 / Does the letter clearly advise that the officer entering the property may take with them any such other persons and equipment as may be necessary in their execution of their duties?,and may take out such inspections, measurements and tests as considered necessary for the purpose of discharging of any of the local authorities functions under part III of the EPA 1990 and to take away any samples or articles a he considers necessary for that purpose?.
1.9 / Does the letter advice that in pursuance of any warrant for entry/inspection of the property willremain in effect until the purpose for which the entry has been satisfied?
1.2.0 / In all other respects does the letter explicitly inform of the local authorities intention to use the EPA 1990 as a means of forced entry into the property?
2.0 / Serving of Section 80 Environmental Protection Act 1990 Enforcement Notice / YES / NO
2.1 / Has the notice been authorised and verified by PEHO or above?
2.2 / Does the notice give at sufficient time (14 days) to comply with the requirements?
2.3 / Does the 14 day deadline of the notice explicitly refer to only being satisfied on permitting entryto the property within that 14 days.
2.5 / Was the notice accompanied with Gas Safety / CO Guidance literature?
2.6 / Does the notice clearly state that section 81 (5) of the EPA 90 allows a local authority to take further action to abate the nuisance in the high court “for the purpose of securing the abetment, prohibition or restriction of the nuisance”.
2.7 / Does the notice clearly state that where a notice is not complied with, whether or not the local authority take proceeding for the “failure to comply” offence that the local authority have powers under s81(3) EPA 90 to abate the nuisance themselves and do whatever may be necessary in the execution of the notice. Also that the local authority may then recover “any expenses reasonably incurred”. In doing so from whom the notice is served.
2.8 / Does the notice clearly set out and contain all other terms and grounds of appeal?
2.9 / In all other respects does the notice explicitly inform of the authorities intention to use the EPA 1990 as a means of forced entry into the property?
2.2.0 / Will the notice be served by hand by someone capable of providing an affidavit to the courts or alternatively be able to provide a witness statement?
2.2.1 / Has at least two signed copies of the notice been taken?
2.2.2 / Has the Manchester Police Service and Regional Housing Officer been informed of the intent to gain access?
3.0 / Obtaining an entry warrant from the magistrates / YES / NO
3.1 / Does the warrant application name the local authority officer who is intending to enter the property?
3.2 / Does the warrant application give the full premises address?
3.3 / Does the warrant application name the person/occupier who was served with the notice?
3.4 / Does the warrant application clearly state the subject premises are in the district of the said council?
3.5 / Does the warrant application clearly state when the notice was severed and when it expires?
3.6 / Does the warrant application make in clear terms the intention to force entry into the property i.e. “to enforce supplementary provisions under s81(3) EPA 90 and schedule 3” namely carrying out the annual gas inspection pursuant to the Gas Safety (Installation and Use) Regulations 1998.?
3.7 / Does the warrant application state reasonable grounds for entering the property?
3.8 / Does the warrant application officer have full authorisation and the appropriate authorisation card?
3.9 / Is the warrant application accompanied with the s80 notice and copies of previous correspondence/attempts to gain access to the property?
3.1.0 / Is the warrant application accompanied with the (HSE) (CMGSS) Gas/CO Safety leaflet and statistics?
4.0 / Arrangements Prior to Forced Entry / YES / NO
4.1.0 / Has the housing legal team been informed of the warrant to enter?
4.2 / Has the New Prospect Gas Inspector confirmed joint attendance whilst entering the property?
4.3 / Has the New Prospect Housing Surveyor confirmed joint attendance whilst entering the property?
4.4 / Have the Police been informed on the intent to enter and confirmed their own attendance whilst entering the property?
4.5 / Has the Alarm Engineer confirmed their assistance whilst entering the property?
4.6 / Has the Locksmith confirmed their attendance in entering the property?
5.0 / Entering the Property / YES / NO
5.1... .. / Have all accompanying persons been inducted on all relevant health and safety procedures?
6.0 / Health and Safety Procedures / YES / NO
6.1 / Have all concerned read the safety code of practice and health and safety risk assessment.
Completed by: / Signed:
Date: / Additional Comments: