Public Health and Safety
(Rented Dwellings – Minimum Standards and Prescribed Hazards)
(Jersey) Order 2018
1 Interpretation
In this Order –
“Law” means the Public Health and Safety (Rented Dwellings)
(Jersey) Law 2018;
“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) Paragraph (3A)
applies where –
(a) no
electrical safety inspection of a dwelling already in use as a rented dwelling
has been carried out in accordance with this Article; and
(b) in
relation to that dwelling there is an existing rental period.[1]
(3A) Where this paragraph applies, an
electrical safety inspection of the dwelling must be carried out as soon as
reasonably practicable, but in any event no later than 31st December 2023.[2]
(4) Paragraph (4A)
applies where no electrical safety inspection of a dwelling has been carried
out in accordance with this Article, and –
(a) the
dwelling comes into use as a rented dwelling for the first time; or
(b) the
dwelling has already been in use as a rented dwelling, and a new rental period
commences in relation to it.[3]
(4A) Where this paragraph applies, an
electrical safety inspection of the dwelling must be carried out –
(a) on or
before the commencement of any new rental period, including the first rental
period, of that dwelling; or
(b) as
soon after the commencement of such a period as is reasonably practicable,
but in any event no later than 31st December 2023.[4]
(4B) For the purposes of paragraphs (4)
and (4A) it does not matter whether or not a new rental period –
(a) commences
immediately following an existing rental period; or
(b) is,
or is expressed to be, by way of renewal of an existing rental period.[5]
(4C) After the
first electrical safety inspection of a rented dwelling (the “first
inspection”) has been carried out, whether under paragraph (3A),
(4A) or otherwise, no further electrical safety inspection is required to be
carried out before the end of the period of 5 years beginning with the
date of the first inspection.[6]
(4D) If,
at the end of the period of 5 years beginning with the date of the first
inspection, the dwelling remains in use as a rented dwelling (whether such use
is continuous or not), an electrical safety inspection must be carried
out –
(a) as
soon as is reasonably practicable after the expiry of that period; and
(b) for
as long as the dwelling is in use (whether such use is continuous or not) as a
rented dwelling, as soon as is reasonably practicable after the end of each
period of 5 years beginning with the date of a previous electrical safety
inspection carried out in accordance with this Article.[7]
(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
This Order may be cited as the Public Health and Safety (Rented
Dwellings – Minimum Standards and Prescribed Hazards) (Jersey)
Order 2018.
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.