Gas & LPG Safety

Gas Safety

The 2006 Act provides provisions for natural gas safety. This includes regulation and safety promotion by the CER (CRU), having consulted with the National Standards Authority of Ireland regarding standards. It was to establish and implement a national gas safety framework and, for this purpose, may direct gas undertakings to advise the public and customers in relation to gas safety.

The natural gas transmission operator and distribution system operator must appoint gas emergency officers. They have the power to enter the land and take emergency steps where there is a danger arising from natural gas. The CEO may appoint officers for the purpose of inspection and enforcement. Non-compliance is an offence. The Energy (Miscellaneous Provisions) Act 2012 (Commencement) Order 2015 commences legislation.

The Energy (Miscellaneous Provisions) Act 2012 transferred the remaining responsibility for LPG safety to the CER (CRU after the 2016 Act. It confirms that it is an offence for a person to carry out LPG works unless he is a registered installer with CER (CRU).

Gas Installers

The 2006 Act regulates gas installers. The Energy (Miscellaneous Provisions) Act 2006 (Commencement of certain Provisions) Order 2008 commenced the provisions. CER (CRU) may appoint a designated body as the safety body with which installers and contractors must register.

They may prescribe standards of training and work in accordance with criteria in the legislation. There is a provision to ensure ongoing responsibility for the maintenance of natural gas fittings. The CER (CRU) may specify classes of works in which certificates of completion are required to specify the requirements in that regard.

The Electricity Regulation Act 1999 (Gas Works) Regulations 2009 designated certain classes of works covering installation, removal, repair, and servicing maintenance of certain natural gas fittings and equipment. Breach of the requirements is an offence which may be prosecuted by CER (CRU).

Works which are subject to regulation by certified installers include the installation removal, repair, and replacement of an LPG fitting. The CER (CRU) may make regulations in relation to LPG safety. This may include regulations regarding the installation and maintenance of LPG fittings and requirements regarding connection and reconnection.

Various Electricity & Gas Provisions

With the liberalisation of the electricity and gas sectors, it is appropriate to extend existing provisions relating to the theft of electricity and gas to independent energy suppliers and to the customers of those suppliers. The legislation extends the offence provision to all electricity and gas consumers, irrespective of supplier.

A provision is also included to provide for Deemed Contracts of Supply under limited circumstances and subject to safeguards. The rationale is to provide a mechanism whereby energy suppliers may recover debts from the owner or occupier of a premise that has been consuming gas in the absence of a contract to supply energy in place.

The CER may appoint Electrical Investigation Officers to investigate whether designated electrical works are carried out safely and by registered electrical contractors. The provision also details the scope and powers of the electrical investigation officer. The CER may require electricity undertakings to provide information on electrical safety to electricity customers and to the public.

Energy Efficiency

The provisions provide a legal framework in primary legislation for the placing of energy efficiency obligations on energy suppliers and distributors that are currently regulated under secondary legislation. The Minister for Communications, Energy and Natural Resources sets quantitative and qualitative multi-annual energy efficiency targets to be met by energy suppliers and distributors through the provision and promotion to their customers of energy services and energy efficiency improvement measures such as insulation, efficient boilers, renewables etc.

The Minister for Communications, Energy and Natural Resources may place energy efficiency obligations on energy suppliers by means of an energy efficiency notice. Where an energy supplier has not complied with an energy efficiency notice the Minister may issue directions to energy suppliers specifying remedial action. The section gives powers to the Minister to apply to the High Court for orders directing energy suppliers to comply with the Minister’s direction.

Energy suppliers may establish voluntary agreements for the purpose of promoting energy efficiency to final customers in lieu of obligations. There is a provision for the approval and revocation of such agreements by the Minister.

There is an Energy Efficiency Fund. The objectives of the Fund, which will be managed by the Minister, are primarily to support the delivery of energy efficiency improvement programmes and measures and to promote the development of a market for energy efficiency improvement measures.

The Fund will be managed by the Minister. The  Fund may issue or provide grants and loans in order to support the delivery of energy efficiency programmes and measures and to promote energy audits and financial instruments for energy savings.

Liquid Petroleum Gas

The Energy (Miscellaneous Provisions) Act 2012 transferred the remaining responsibility for LPG safety to the CER (CRU after the 2016 Act. It confirms that it is an offence for a person to carry out LPG works unless he is a registered installer with CER (CRU).

The 2012 Act provides that the CER (CRU) regulates LPG undertakings that make LPG available to domestic customers through distribution networks. These are in areas not covered by natural gas. There is a licensing regime administered by CER (CRU after the 2016 Act). CER (CRU) is also responsible for promoting LPG safely.

The 2012 Act provides for the extension of the natural gas safety framework to currently unregulated activities of Liquid Petroleum Gas (LPG) undertakings and also provides for the promotion of LPG safety.

The functions of the CER are extended to the regulation of the activities of LPG undertakings with respect to safety. The proposals provide for the establishment of a safety framework for LPG, similar to the safety framework for natural gas undertakings.

There is provision for an LPG safety licensing regime to be established by the CER for LPG distributors, for monitoring of the activities of licensees by the CER and for the making of regulations by the CER specifying the criteria in accordance with which an application for a safety licence may be determined by the CER may charge safety licence.

The CER  may make regulations in regard to the reporting and investigation of LPG incidents to the CER.

LPG Regulation

The 2012 Act provides that the CER (CRU) regulates LPG undertakings that make LPG available to domestic customers through distribution networks. These are in areas not covered by natural gas. There is a licensing regime administered by CER (CRU after the 2016 Act). CER (CRU) is also responsible for promoting LPG safely.

Where a natural gas or LPG undertaking is not in compliance with the CER (CRU) safety requirements CER (CRU) may serve an improvement notice and prohibition notice. If there is a danger to life or the safety of infrastructure, an application may be made to the High Court prohibiting the activities of the LPG or gas undertaking until the specified measures are undertaken to remove the risk.

CER (CRU) may make regulations for reporting and investigating LPG incidents involving death, injury, or damage to property resulting from abuse and misuse leakage combustion explosion of LPG. CER (CRU)may apply annual levy expenses on holders of LPG safety licences.

Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident) Regulations 2014 made by the CER (CRU) relate to reporting and investigation of incidents with LPG. They define classes of incidents and reporting obligations arising.

Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident Reporting and Investigation) Regulations 2014 require reporting of incidents by LPG undertakings affecting domestic or commercial final users which must be reported by LPG undertakings. This includes entities which purchase or import LPG or make it available to individual domestic or commercial users by way of cylinder full tank or distribution via pipes network.

LPG Enforcement

There are LPG safety licences for the giving of directions by the CER (‘‘improvement plans’’) and for the serving of ‘‘improvement notices’’ on an undertaking where an undertaking has failed to comply with a direction of the CER.

There are ‘prohibition notices’ prohibiting the carrying out of certain activities where the CER is of the view that such activities pose a substantial risk to public safety and for appeal to the High Court against such notice. It is an offence to fail to comply with a prohibition notice.

The CER may apply to the High Court for an order restraining or prohibiting activities of a gas or LPG undertaking where the activities of a gas or LPG undertaking pose a risk to the safety of human life, gas or LPG infrastructure or property.

Where a natural gas or LPG undertaking is not in compliance with the CER (CRU) safety requirements CER (CRU) may serve an improvement notice and prohibition notice. If there is a danger to life or the safety of infrastructure, an application may be made to the High Court prohibiting the activities of the LPG or gas undertaking until the specified measures are undertaken to remove the risk.

CER (CRU) may make regulations for reporting and investigating LPG incidents involving death, injury, or damage to property resulting from abuse and misuse leakage combustion explosion of LPG. CER (CRU)may apply annual levy expenses on holders of LPG safety licences.

Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident) Regulations 2014 made by the CER (CRU) relate to reporting and investigation of incidents with LPG. They define classes of incidents and reporting obligations arising.

Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident Reporting and Investigation) Regulations 2014 require reporting of incidents by LPG undertakings affecting domestic or commercial final users which must be reported by LPG undertakings. This includes entities which purchase or import LPG or make it available to individual domestic or commercial users by way of cylinder full tank or distribution via pipes network.