Technical Bulletin 158

Technical Bulletin 158 Developed by Gas Safe Register and HHIC

Requesting a concession to manufacturer’s instructions Date issued: 23 December 2020

The guidance in this Technical Bulletin (TB) is intended to provide Gas Safe registered engineers/businesses with guidance on what to do when, in unique circumstances, the only available location will not comply with manufacturer’s installation instructions.

Introduction

Gas Safe Register is aware of the challenges that installing a new gas appliance can throw up from time to time. Gas engineers often need to balance their customer’s requirements against those of the manufacturer’s installation instructions – which can be compounded by factors such as the constraints of the property and intended appliance location.

Despite these factors, the primary requirement is to ensure that the installation is safe and complies with the Gas Safety (Installation and Use) Regulations 1998 as amended (GSIUR). Gas engineers need to ensure that the specific installation requirements of the manufacturer are met, and they should undertake a survey of the specific intended location of the appliance and its instructions before work starts, to ensure that the installation will comply with the relevant regulations.

What if I cannot meet all the requirements as specified?

Gas Safe Register recognises that on occasion there may be unique circumstances where the only available location for an appliance is one that will not comply fully with the manufacturer’s installation instructions.

As a Gas Safe registered engineer/business, you should not just plough ahead with the installation under these circumstances. You must seek the advice and approval of the appliance manufacturer beforehand so that you ensure that the intended deviation from its instructions will not reduce safety.

To help you in this, Gas Safe Register has worked in collaboration with the Heating and Hotwater Industry Council (HHIC) and its members to create a formal process that will provide a consistent approach for dealing with these circumstances.

The new process will protect you, as the business responsible for the installation and compliance with relevant regulations, and your customer, where others encountering the installation on servicing or maintenance visits identify and question the installation’s compliance.

The new process

From 1 October 2020, if your intended installation cannot fully meet the requirements of the manufacturer’s installation instructions, you must request a formal concession from the appliance or equipment manufacturer to deviate from instructions.

To provide a consistent and robust method for this process, you can use a new template, the Request for Concession to Manufacturer’s Instructions, along with a supporting process (see opposite). The new process ensures safety and compliance and produces an auditable record of the concession approval that is recognised by Gas Safe Register.

Note 1: This document should be used at the quotation stage, in advance of work taking place.

Note 2: You can find the document template by logging into your online account at: www.gassaferegister.co.uk/ sign-in

Manufacturer’s view and advice

The manufacturer’s installation instructions will cater adequately for the vast majority of installations. This process is to cater only for those rare circumstances where there is genuine ambiguity or extenuating circumstances: • Any concession given by the appliance manufacturer to its standard written instructions, as detailed on the Request for

Concession template, will relate only to the appliance, address and concession stated. It shall not be used as justification to apply similar concessions to other work without first obtaining the manufacturer’s permission in writing for the other site or appliance, for which you must complete an additional copy of the template. • Approval will not be granted without a valid reason and comprehensive supporting evidence such as photos.

“It’s just easier to do it this way,” is not a valid reason, for example. • A Request for Concession to the manufacturer’s instructions does not detract from them: it is aimed at helping compliance with the regulations and making sure that unfounded defects are not raised, nor unsafe situations logged incorrectly against an installation, and to avoid the consumer distress and disputes with gas engineers that this can cause.

Gas Safe Register will require you to evidence approval using this process where an inspection identifies appliance or equipment installation defects during inspection.

Where approval of a requested concession decision has not been granted by the manufacturer, you will be required to correct the defect to meet the existing installation instructions, in accordance with the issued Defect Notice.

Note 3: For general information about the process behind the development of Gas Safe Register Technical Bulletins and the expectations for all stakeholders, see TB 1000 at: www.gassaferegister.co.uk/ sign-in Note 4: Gas Safe Register Technical Bulletins can be viewed at www.gassaferegister. co.uk/sign-in

Request for Concession to manufacturer’s instructions

Customer requests a new gas installation/appliance

Gas engineer carries out pre-installation survey. They identify unique circumstances with no alternative installation option or solution that will allow full compliance with MIs

Gas engineer sources and completes Request for X Concession template document from Gas Safe’s website and sends to manufacturer’s technical team for approval

X X

X X

Manufacturer assesses the Request for Concession

Manufacturer grants concession or asks the gas engineer for more information

Gas engineer provides more information, such as technical detail or photographs

Gas engineer tells customer that concession is approved and installs and commissions appliance in accordance with the concession

Gas engineer provides their customer with a copy of the concession approval, along with all appliance instructions and completed Benchmark commissioning documents

Gas engineer sends copy of concession approval to Gas Safe Register to be added to their registration file

Gas engineer notifies the installation as compliant with Building Regulations

Manufacturer grants concession

X X

X X X

Manufacturer does not grant concession

New installation does not start and alternative compliant installation solution must be sought and used