Public Health and
Safety (Rented Dwellings – Minimum Standards and Prescribed Hazards)
(Jersey) Order 2018
Made 19th November 2018
Coming into force 1st
December 2018
THE MINISTER FOR THE ENVIRONMENT, in pursuance of Articles 3(2), 7(4)
and 20 of the Public Health and Safety (Rented Dwellings) (Jersey) Law 2018[1], orders as follows –
1 Interpretation
In this Order –
“Law” means the Public Health and Safety (Rented
Dwellings) (Jersey) Law 2018[2];
“category 1 hazard” means a hazard of the nature prescribed
by Article 2(2);
“habitable room” means a room used for living or
sleeping purposes but does not include a kitchen having a floor area of less
than 6.5 square metres;
“rental period” has the meaning given by Article 5(3).
2 Prescribed
hazards
(1) A
hazard is a prescribed hazard for the purposes of the Law where the risk of
harm is associated with the occurrence, in or at the dwelling in question, of
any of the matters or circumstances listed in Schedule 1.
(2) A
category 1 hazard is a hazard assessed as being of the highest
seriousness.
(3) For
the purposes of this Article –
(a) “harm”
means harm which is within any of the Classes numbered 1 to 4 as set
out in Schedule 2; and
(b) the
risk of harm, and the seriousness of a hazard, are to be assessed in accordance
with such guidance or code of practice as may be issued by the Minister under Article 4
of the Law for the purposes of this Order.
3 Enforcement
action where category 1 hazard exists
(1) Paragraph (2)
applies where –
(a) an
authorized person has identified hazards in a dwelling and has assessed one or
more of such hazards as being a category 1 hazard; and
(b) the
case is such as described in Article 14(1) of the Law.
(2) Where
this paragraph applies, the authorized person on behalf of the Minister must, as
soon as reasonably practicable, issue and serve an emergency entry notice in
accordance with Article 14.
4 Enforcement
of minimum standards
Without prejudice to the application and operation of Article 3,
the person having control of a rented dwelling must ensure that the dwelling
complies with the minimum standards set out in Articles 5 and 6 at all
times during which it is used as a rented dwelling.
5 Minimum
standards: detection of smoke etc.
(1) A
smoke detection alarm fulfilling the standard EN 14604 must be installed
on each storey of a rented dwelling, whether or not a storey includes a
habitable room.
(2) A
carbon monoxide detection alarm fulfilling the standard EN 50291 must be
installed in each habitable room of a rented dwelling where there is a facility
for the combustion of oil, gas, wood, coal or any similar fossil fuel (or any
derivative products of any of these fuels).
(3) An
alarm installed under paragraph (1) or (2) must be kept in fully working
order and in a case where such an alarm is battery powered, it must be
operational at the commencement of every period (a “rental period”)
during which the dwelling is used as a rented dwelling.
6 Minimum
standards: gas safety
(1) Where
there is a gas supply to a rented dwelling, whether or not any appliances are
connected to that supply and whether or not the supply is in actual use, an
annual gas safety inspection of the dwelling must be carried out in accordance
with this Article by a person registered on the United Kingdom Gas Safe Register.
(2) A
gas safety inspection must include –
(a) any
installed pipework for the supply of gas;
(b) any
gas appliances provided in the dwelling by the person having control of the
dwelling; and
(c) any
alarms for the detection of gas,
but need not include gas appliances installed and owned by the
occupier of the dwelling nor any flues connected by the occupier to such
appliances.
(3) Subject
to paragraph (4), a copy of the record of the gas safety inspection must be
provided –
(a) to
an existing occupier, within 28 days of the date of the inspection; or
(b) to
a new occupier, upon the start of his or her occupation.
(4) Where
the rental period of the dwelling is a period of less than 28 days, a
legible copy of the record of the gas safety inspection must be displayed in a
prominent position within the dwelling.
(5) The
person having control of a rented dwelling must keep a copy of the record of
any gas safety inspection for a period of at least 2 years or until 2 further
gas safety inspections have been carried out, whichever is the sooner.
(6) For
the purposes of paragraph (1), “annual” means at any time
within 10 months to one year after a previous gas safety inspection
carried out in accordance with paragraph (2) in respect of the dwelling (but
if a further gas safety inspection is carried out within a period of less than
10 months after any such inspection, that further inspection shall thereafter
be treated as the previous gas safety inspection for the purposes of this
paragraph).
7 Minimum
standards: electrical safety
(1) Where
there is an electrical supply to a rented dwelling, whether or not any
appliances are connected to that supply and whether or not the supply is in
actual use, an electrical safety inspection of the dwelling must be carried out
in accordance with this Article by a competent person.
(2) An
electrical safety inspection must include the inspection of –
(a) any
fixed electrical installation; and
(b) any
electrical appliances (other than detection alarms to which Article 5
applies) provided in the dwelling by the person having control of the dwelling,
but need not include the inspection of electrical appliances
installed and owned by the occupier of the dwelling.
(3) Except
in the case described by paragraph (4), an electrical safety inspection must
be carried out –
(a) before
the commencement, or renewal, of every rental period beginning on or after
1st January 2019; or
(b) within
the period of 5 years beginning with the date of a previous electrical
safety inspection carried out in accordance with this Article,
whichever is the sooner.
(4) Where
the rental period of a rented dwelling began before 1st January 2019,
an electrical safety inspection must be carried out –
(a) before
the commencement of a new rental period of the dwelling or a renewal of the
existing rental period; or
(b) no
later than 31st December 2023,
whichever is the sooner.
(5) Subject
to paragraph (6), a copy of the record of the electrical safety inspection
must be provided –
(a) to
an existing occupier, within 28 days of the date of the inspection; or
(b) to
a new occupier, upon the start of his or her occupation.
(6) Where
the rental period of the dwelling is a period of less than 28 days, a
legible copy of the record of the electrical safety inspection must be
displayed in a prominent position within the dwelling.
(7) The
person having control of a rented dwelling must –
(a) keep
a copy of the record of any electrical safety inspection for a period of at
least 5 years or until 2 further electrical safety inspections have been
carried out, whichever is the sooner; and
(b) provide
a copy of the record to the Minister upon request, within a reasonable time of
receiving such a request from the Minister.
(8) For
the purposes of this Article –
“competent person” means –
(a) in
relation to the inspection of fixed electrical installations, a person who is
registered as a competent electrical installation engineer with any of NAPIT
Registration Ltd., NICEIC Group Ltd. or BRE Certification Ltd., on the basis of
holding a current certificate of competence issued by a third party
certification body accredited by the United Kingdom Accreditation Service to EN
ISO/IEC 17024 or EN 45013 (or to such other equivalent standard as
the Minister may consider appropriate);
(b) in
relation to the inspection of portable appliances –
(i) such a person as
described in sub-paragraph (a), or
(ii) a person who is
otherwise qualified in relation to Portable Appliance Testing in such a manner as
the Minister may consider appropriate;
“fixed electrical installation” means fixed electrical
cables or fixed electrical equipment located on the consumer’s side of
the electricity supply meter (whether inside or relating to a dwelling).
8 Obligations
of persons carrying out inspections etc.
In carrying out any inspection or assessment for the purposes of
this Order or otherwise under the Law, a person must –
(a) have
regard to any guidance or code of practice issued for the purpose by the
Minister under Article 4 of the Law;
(b) inspect
a rented dwelling with a view to preparing an accurate record of its state and
condition;
(c) keep
such a record, and the record of the inspection and assessment, in written or
electronic form; and
(d) provide
a copy of the record to the person having control of the rented dwelling to
which the record relates.
9 Citation
and commencement
This Order may be cited as the Public Health and Safety (Rented
Dwellings – Minimum Standards and Prescribed Hazards) (Jersey) Order 2018,
and comes into force on 1st December 2018.
deputy j.h. young of st. brelade
Minister for the Environment
SCHEDULE 1
(Article 2(1))
matters and circumstances
1 Damp
and mould growth
Exposure to house dust mites, damp, mould or fungal growths.
2 Excess
cold
Exposure to low temperatures.
3 Excess
heat
Exposure to high temperatures.
4 Asbestos
and MMF
Exposure to asbestos fibres or manufactured mineral fibres.
5 Biocides
Exposure to chemicals used to treat timber and mould growth.
6 Carbon
monoxide and fuel combustion products
Exposure to carbon monoxide, nitrogen dioxide, sulphur dioxide or
smoke.
7 Lead
The ingestion of lead.
8 Radiation
Exposure to radiation.
9 Uncombusted
fuel gas
Exposure to uncombusted fuel gas.
10 Volatile
organic compounds
Exposure to volatile organic compounds.
11 Crowding
and space
A lack of adequate space for living and sleeping.
12 Entry
by intruders
Difficulties in keeping the dwelling secure against unauthorized
entry.
13 Lighting
A lack of adequate lighting.
14 Noise
Exposure to noise.
15 Domestic
hygiene, pests and refuse
(1) Poor
design, layout or construction such that the dwelling cannot readily be kept
clean.
(2) Exposure
to pests.
(3) Inadequate
provision for the hygienic storage and disposal of domestic waste.
16 Food
safety
Inadequate provision of facilities for the storage, preparation and
cooking of food.
17 Personal
hygiene, sanitation and drainage
(1) Inadequate
provision of facilities for maintaining good personal hygiene.
(2) Inadequate
provision of sanitation and drainage.
18 Water
supply
An inadequate supply of water which is free from contamination and
suitable for drinking.
19 Falls
associated with bathing etc.
Falls associated with toilets, baths, showers or other facilities
for personal hygiene.
20 Falling
on level surfaces etc.
(1) Falling
on a level surface.
(2) Falling
where the change in level between surfaces is less than 300 millimetres.
21 Falling
on stairs etc.
Falling on stairs, steps or ramps where the change in level between
surfaces is 300 millimetres or more.
22 Falling
between levels
Falling between levels where the difference in levels is 300 millimetres
or more.
23 Electrical
hazards
Exposure to electricity.
24 Fire
Exposure to uncontrolled fire and associated smoke.
25 Flames,
hot surfaces etc.
(1) Contact
with controlled fire or flames.
(2) Contact
with hot surfaces, objects, liquid or vapours.
26 Collision
and entrapment
Collision with, or entrapment of body parts in, doors, windows or
other structural features.
27 Explosions
An explosion at the dwelling.
28 Position
and operability of amenities etc.
The position and operability of amenities, fittings and equipment.
29 Structural
collapse etc.
The collapse of whole or part of the dwelling.
SCHEDULE 2
(Article 2(3)(a))
Classes of harm
1 Class
1
Such extreme harm as is reasonably foreseeable as a result of the
hazard in question, including but not limited to –
(a) death
from any cause;
(b) lung
cancer;
(c) mesothelioma
and other malignant tumours;
(d) permanent
paralysis below the neck;
(e) regular
severe pneumonia;
(f) permanent
loss of consciousness;
(g) burn
injuries of 80% or more.
2 Class
2
Such severe harm as is reasonably foreseeable as a result of the
hazard in question, including but not limited to –
(a) cardio-respiratory
disease;
(b) asthma;
(c) non-malignant
respiratory disease;
(d) lead
poisoning;
(e) anaphylactic
shock;
(f) cryptosporidiosis;
(g) legionnaires’
disease;
(h) myocardial
infarction;
(i) mild
stroke;
(j) chronic
confusion;
(k) regular
severe fever;
(l) loss
of a hand or foot;
(m) serious
burns;
(n) loss
of consciousness for days.
3 Class
3
Such serious harm as is reasonably foreseeable as a result of the
hazard in question, including but not limited to –
(a) eye
disorders;
(b) rhinitis;
(c) hypertension;
(d) sleep
disturbance;
(e) neuropsychological
impairment;
(f) sick
building syndrome;
(g) regular
and persistent dermatitis, including contact dermatitis;
(h) allergy;
(i) gastro-enteritis;
(j) diarrhoea;
(k) vomiting;
(l) chronic
severe stress;
(m) mild
heart attack;
(n) malignant
but treatable skin cancer;
(o) loss
of a finger;
(p) fractured
skull and severe concussion;
(q) serious
puncture wounds to head or body;
(r) severe
burns to hands;
(s) serious
strain or sprain injuries;
(t) regular
and severe migraine.
4 Class
4
Such moderate harm as is reasonably foreseeable as a result of the
hazard in question, including but not limited to –
(a) pleural
plaques;
(b) occasional
severe discomfort;
(c) benign
tumours;
(d) occasional
mild pneumonia;
(e) broken
fingers;
(f) slight
concussion;
(g) moderate
cuts to face or body;
(h) severe
bruising to body;
(i) regular
serious coughs or colds.