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04/10/2013

Builder Fined For Putting Family In Danger

A self-employed builder has been fined for putting an Essex family in danger from leaking gas pipes after illegally replacing a boiler as part of a kitchen refit.

Peter Brown, 49, was responsible for an 'immediately dangerous' installation at the property in Wivenhoe.

He was prosecuted by the Health and Safety Executive (HSE) after an investigation established that he wasn't registered to undertake gas work.

Colchester Magistrates' Court heard that he worked at the home in November 2010 to install a new kitchen and boiler. However, on 19 December, less than four weeks after the work was completed, the householders awoke to a strong smell of gas in the kitchen. They called National Grid who identified that the gas pipework was leaking and classed it as "Immediately Dangerous".

The householders, who do not wish to be named, made numerous attempts to contact Mr Brown to sort the problem, but to no avail.

A Gas Safe registered engineer inspected the property and found that the pipework installed beneath the floor had not been properly clipped or supported, and was leaking from an elbow joint.

Remedial work was carried out and the gas installation was put back into use, but the incident and lack of response from Mr Brown prompted the occupants to have the rest of his handiwork thoroughly checked.
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A subsequent Gas Safe examination in February 2011 established that the flue collars had not been screwed to the flue and the flue elbow, and that there was a gap between the flue connection and the flue itself.

The examination also found that the hole in the wall for the flue had been cored out too low in the wall, and as a result the flue could not sit properly on the boiler. In the absence of any seal, combusted materials had the potential to leak into the kitchen.

Once again the installation was classified as "Immediately Dangerous" and isolated from use until extensive remedial work had been completed.

HSE's investigation into the incident found that Peter Brown had never been Gas Safe registered, and there were no records to indicate that he had ever undergone any verification of competence through training or qualifications. Mr Brown was therefore not qualified to carry out any works involving the removal or installation of gas appliances.

In addition, it emerged that immediately after carrying out the gas work at the Wivenhoe home he had demanded a cash settlement for the work and refused to complete any details in the boiler's commissioning documents.

The court was told that HSE served a Prohibition Notice on Mr Brown at his last known address in Chelmsford, but further correspondence and attempts to contact him by telephone were met with no response. It later emerged that he had sold his house in early 2012 and had endeavoured to conceal his whereabouts.

Extensive enquiries were made in an effort to trace him within the UK, but without success. Information from associates indicated that he had access to properties and contacts overseas and so, in November 2012, an immediate arrest warrant was applied for and granted by Colchester Magistrates Court.

On 25 September 2013, Mr Brown was arrested on warrant and brought back before Colchester Magistrates Court.

Peter Brown, currently staying at Prestbury Green, Shrewsbury, was fined £10,000 and ordered to pay costs of £4,000 after pleading guilty to breaching Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998.

(CD/MH)

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