November 18, 2024

Gas Safety Certificates for Retail Stores: What Business Owners Need to Know

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Gas has long been used for domestic, commercial, and industrial purposes worldwide, including the UK. It has almost entirely replaced conventional fuels like Oil and Coal in most parts of the world, especially for domestic and commercial purposes. It is so popular because it is a relatively safer energy source. But it is not a zero-risk energy source.

Gas is often said to be safe until it remains within the pipe network. That means the risk starts when it leaks out. Hence, the most common threats associated with gas usage are fire and explosions. 

On the other hand, carbon monoxide poisoning is a serious risk associated with faulty gas appliances, where gas is not burnt correctly. It results in the emission of carbon monoxide, which has a severe impact on human health. It may even lead to death. To minimize all these potential threats, the authorities have imposed Gas Safety Regulations, which apply to properties with one or more gas appliances.

The Retail Stores, also known as Retail Outlets, come under gas safety regulations.

Gas Safety Regulations for Retail Stores

The fundamental law that governs the use of gas in the UK is known as the "Gas Safety (Installation and Use) Regulations 1998.” It applies to all residential, commercial, business, and industrial properties.

The retail stores fall under the business and commercial units category, depending on their nature and scope of business. The gas safety regulations aim to ensure the safety of the premises, the employees, and the customers visiting that particular retail outlet against the potential risks of using gas. The landlords are responsible for ensuring the implementation of gas safety for their property and the occupants under the Gas Safety Regulations 1998.

Gas Safety Regulations 1998

The Gas Safety (Installation and Use) Regulations 1998, as amended under the title Gas Safety (Installation and Use) (Amendments) Regulations 2018 are applicable on all properties in the UK, including the Retail Stores.

The main features of these regulations are summarized here:

  • This law applies to all properties with one or more gas appliances installed therein. 
  • These regulations are applicable on all premises where gas is used, either through direct supply via pipelines or in the shape of cylinders.
  • The Landlords are responsible for implementing the provisions of these regulations in their rented-out properties. 
  • These regulations aim to ensure the safety of people and properties against any possible gas mishap.
  • The landlords must arrange annual gas safety inspections on all the gas appliances and allied pipework in their rented properties.
  • The landlords are also responsible for ensuring regular upkeep and maintenance of all the gas appliances in their properties, including boilers and flues.
  • Annual gas safety inspection can only be done by a gas safe registered engineer. Gas Safe Register is an official organization in the UK responsible for registering qualified gas safety engineers for working on gas installations and appliances. These engineers are issued a license by the Gas Safe Register, which is valid for 12 months and has to be renewed annually.
  • After completing the annual gas safety inspection, the gas safe registered engineer issues a Gas Safety Certificate, also known as a Gas Safety Check Record. This certificate is valid for one year and needs renewal before its expiration.
  • Before the amendment of 2018, the expiry of gas safety certificates was calculated from the date of renewal. If a current gas safety certificate was valid till 30th September 2023 and the landlord renewed it on 15th September 2023, the next expiry would fall on 15th September 2024. So, practically this resulted in 11 renewals in 10 years. This ambiguity was removed under the Gas Safety (Installation and Use) (Amendments) Regulations 2018. This amendment provides flexibility in renewing the gas safety certificate without affecting its validity for the next year. Hence, in the example quoted here, if the landlord renews the certificate on 15th September 2023, the expiry will be 30th September 2024. So, the landlords are free to renew their gas safety certificates anytime during the last two months of the expiry of the current certificate.
  • The landlords must provide their current tenants a copy of the valid gas safety certificate within 48 hours of its issuance and 28 days to their new tenants. 
  • In the case of commercial premises such as a retail store, the landlords should display a copy of this certificate at a prominent place so that the employees and customers can readily see whether these premises are gas-safe. 
  • The landlords are also responsible for arranging an immediate maintenance of a gas appliance or allied fittings, in case the employees or tenants report a fault.
  • The tenants and employees are responsible for reporting any fault in any of the gas appliances to the property manager or the landlords for immediate resolution. 
  • The overall gas safety of a premises is the stakeholders' joint responsibility.

Accordingly, the landlords are legally required to arrange annual gas safety inspections and obtain gas safety certificates (CP12) for such properties where a retail store is established, including the Retail Store.

The Retail Stores

A retail store can be defined as a business place where goods and services are directly sold to consumers. The retail store owner buys the goods from the manufacturers and displays them for the consumers, who can purchase them per their requirements and choices.

A retail store can be of different types, such as:

  • Product-specific or specialty stores offering a specific product only.
  • A multipurpose retail store, often termed a departmental store, is where a consumer can buy different products in various categories under one roof.
  • Supermarkets, where different food items and household products are displayed for sale.
  • Grocery Store. Here a consumer can buy all household food products for daily consumption.

A retail store or retail outlet can be a standalone or maybe part of an enormous shopping mall. 

Typically, a retail store may have one or more of the following gas appliances:

  • Boilers
  • Heaters
  • Cookers and gas-fired cooking appliances
  • Gas operated Electricity Generators

Gas Safety Certificates for Retail Stores

Gas Safety Certificates for Retail Stores

A retail store needs a gas safety certificate, just like any other property. The landlords are legally required to inspect the retail store annually for gas safety and get a valid gas safety certificate, commonly referred to as Gas Safety Check Records or CP12.

The gas safety certificate for retail stores contains the following information:

  • Name and credentials of the inspecting gas safe registered engineer.
  • Complete address of the retail store, with details of the owner.
  • The official logo of the Gas Safe Register must be available on the certificate.
  • Date of inspection.
  • List all gas appliances and installations inspected by the engineer, giving their current status, whether safe for use or unfit for use. 
  • The appliances categorized as “Not Fit For Use" must be repaired or replaced, as the case may be, on an immediate basis.

What Business Owners (Retail Stores) Need to Know

The landlords, Retail Stores, or Business Owners are legally required to keep their premises Gas Safe for the safety of their property and the occupants. For this purpose, they must obtain a gas safety certificate for their retail stores after completing an annual gas safety inspection. Failing to do so may have serious consequences, such as:

  • Fines and penalties. 
  • Legal proceedings, especially in the case of gas accidents, may lead to imprisonment and huge penalties.
  • They may face a temporary or permanent business closure if a serious gas accident occurs in their retail store.
  • The insurance company may reject their compensation claims without a valid gas safety certificate. 

Conclusion

Gas safety is important for all premises using gas for different purposes, such as heating, hot water, and cooking. This is also a legal requirement under the provisions of the Gas Safety (Installation and Use) Regulations 1998 and its further amendment from time to time.

The Retail Stores also come under the ambit of these gas safety regulations. Accordingly, the owners and landlords of the retail outlets are required to ensure the safety of their property and employees, as well as the visitors and customers, against the possible risks associated with the usage of gas. The gas safety certificate (CP12) is a mandatory requirement for all retail stores having gas appliances installed therein. It is documentary evidence that the retail store has been inspected by a gas safe registered engineer and is safe for the employees and the clients. 

Having a valid gas safety certificate is not only a legal requirement but also a moral responsibility of the landlords and owners of the retail stores. 

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