• Robert Spicer

Illegal gas boiler installation: health and safety prosecution

Illegal gas boiler installation: fitter and engineer fined

Health and Safety Executive v Michael Birch and Peter Hopper (2015) Bodmin magistrates’ court, December 2

Michael Birch, an unregistered gas fitter, and Peter Hopper, a gas engineer, have been fined following the illegal installation of a gas boiler.

Significant points of the case

  • In June 2013 Birch fitted the boiler at a house in St Austell. The homeowner contacted Gas Safe Register, which found that the boiler flue had not been fitted to the manufacturer’s instructions and could not have been properly commissioned for safety purposes.

  • Birch was not registered with Gas Safe and should not have attempted to install the boiler. Hopper had illegally commissioned the work, knowing fully that Birch was not allowed to work on gas appliances.

Birch was fined £2000 plus £5000 costs for breaches of regulation 3, Gas Safety (Installation and Use) Regulations 1998 and section 3, HSW Act, for failing to ensure the health and safety of non-employees.

Hopper was fined £1500 plus £5000 costs under regulation 33 of the 1998 Regulations.

An HSE inspector commented after the case that this had been a deliberate attempt to claim that the work which Birch had carried out was legal. Both men had tried to circumvent gas safety regulations which were there for the sole purpose of protecting the public.

0 views0 comments

Recent Posts

See All

Limitation Case TVZ v Manchester City Football Club Ltd [2022] EWHC 7, Hugh Court Facts Eight men who had been sexually abused by a football coach in the 1980s claimed compensation in negligence fro

Civil proceedings Until 1948 the Crown could not be made a party to a civil action. This was an offshoot of the principle of sovereign immunity. The Crown Proceedings Act 1947 changed this rule. The C

Recent examples In June 2018 prison officers were taking part in a petrol bomb training exercise. This was part of an eight-day commanders course at the National Tactical Response Group training facil