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Ban of open-flued gas space heaters

As of 1 August 2022, it is illegal to sell, supply or install new or second-hand open-flued gas space heaters that do not meet new and improved safety requirements. This includes having a safety shutoff device.

Victorian homes and businesses with installed open-flued heaters should ensure their heater is serviced at least once every 2 years by a licensed gasfitter.

Coroners Court inquest into the death of Sonia Sofianopoulos

On 22 August 2018, Coroner Hawkins finished an inquiry into the death of Ms Sonia Sofianopoulos. She found that Ms Sofianopoulos’s death resulted from carbon monoxide poisoning.

Coroner Hawkins also gave 8 recommendations, the main recommendation being that open-flued gas space heaters should be phased out.

The other 7 recommendations focused on:

  • improved testing of carbon monoxide leakage
  • strengthened compliance
  • more effective communication with relevant industry stakeholders
  • targeted risk information for the community.

Phase out of open-flued gas space heaters

The Victorian Government has taken steps to put the Coroner’s recommendations and other actions into place to improve public health and safety.

This includes phasing out open-flued gas space heaters through a Regulatory Impact Statement (RIS) process. The Phase out of Open Flued Gas Space Heaters RIS was released on 29 December 2020.

It was also open for public consultation on the Engage Victoria website until 22 February 2021.

As of 1 August 2022, Energy Safe Victoria banned the sale and supply of open-flued gas space heaters that don’t meet the new safety standards. DEECA also amended the 2018 Gas Safety Regulations to ban the installation of open-flued gas space heaters that do not meet the new safety requirements.

From 10 August 2022, any new or replacement installations of open-flued gas space heaters that don’t meet the revised Australian Standard AS5263.1.3 will be banned in Victoria.

Mandating standards for Type A gas appliances

During the open consultation for the phase-out of open-flued gas space heaters, stakeholder feedback showed it was important to mandate compliance with Australian Standard 4575 – Type A Gas Appliances. Prior to this, the Australian Standard 4575 provided minimum standards for servicing Type A appliances, however, these were not mandated in Victoria.

After considering many submissions from the Victorian public and industry, minimum standards for servicing Type A Gas appliances were implemented through the amendment of the Gas Safety (Gas Installation) Regulations.

A statement of reasons was published on the Engage Victoria website. The new regulations came into force on 1 June 2022.

Summary of the Victorian Government response

Response

Support-in-principle

Key actions

On 13 July 2021, DEECA announced the outcome of the RIS process and published a Statement of Reasons on the Engage Vic website. The Statement of Reasons explains that if the Minister is not satisfied that the preferred approach has been effectively implemented, the Minister and Energy Safe Victoria (ESV) will consider taking appropriate regulatory action, as set out in the RIS in Option 1.

Standards Australia published updated Australian Standards – AS/NZS 5263.1.8 and AS/NZS 5263.1.3 – for decorative appliances and gas space heating appliances on 19 November 2021. These came into effect on 1 January 2022.

As of 1 August 2022, ESV has taken action under the Gas Safety Act 1997 to ban the sale and supply of OFGSHs that don’t meet the new safety standards.

The department has also made amendments to the Gas Safety (Gas Installation) Regulations 2018 to prohibit the installation of OFGSHs which do not meet the new safety requirements.

From August 10, 2022, any new or replacement installations of OFGSHs which do not comply with the revised Australian Standard AS5263.1.3 will not be permitted to be installed in Victoria.

Status

Complete

Response

Support

Key actions

The Department of Transport and Planning (DTP) is developing a continuing professional development (CPD) scheme for registered and licensed plumbers (including gasfitters) to assist them in keeping up to date with the latest technological developments relating to their profession.

Mandatory CPD requirements will be considered through a RIS that will be released for public consultation in 2023.

Commencement timing for CPD requirements will be subject to decision by the Minister of Planning, informed by consultation feedback.

Status

In progress

Response

Support

Key actions

Climate Technologies has published information about the importance of servicing.

Status

Complete

Response

Support

Key actions

ESV published articles about the importance of carbon monoxide spillage testing and guidance material on equipment in the Energy Safe Magazine Winter 2018 edition and in each of its quarterly newsletters since the release of the Coroner’s report.

Status

Complete

Response

Support

Key actions

The VBA has undertaken a preliminary assessment of issues associated with providing compliance certificates for servicing, testing and maintenance of OFGSH and will work with DEECA to progress options to strengthen requirements.

On 1 June 2022, new regulations came into force to mandate the minimum standard and reporting requirements for the servicing of all Type A Appliances, this also applies to all OFGSHs. These regulations also require the gas fitter to keep records of and report details of the servicing activity to the VBA.

Status

Complete

Response

Support

Key actions

The Australian Standard for gas heater servicing has been amended. A Regulatory Impact Statement - Amending the Gas Safety (Gas Installation) Regulations 2018 to Mandate AS4575 and associated reporting to the Victorian Building Authority for Type A Appliance Servicing was released for public consultation between 15 February and 22 March 2022.

DEECA considered all responses to the RIS. The new regulations were made at the Executive Council meeting on 17 May 2022 and came into effect on 1 June 2022.

Status

Complete

Response

Support

Key actions

ESV, VBA and Master Plumbers hold a series of free Gas Safety Webinars for registered and licensed gasfitters and Type A Servicing gasfitters annually. Hosted by experts from each organisation, these webinars provide expert advice to ensure practitioners are up to date with current, significant changes happening in the gas regulatory landscape.

ESV also has a new page on their website called the gasfitter’s toolkit. This page provides links to pertinent and current information, as well as additional guidance for gasfitters regarding changes to legislation, regulations and the Australian Standards.

Status

Complete (ongoing)

Response

Support

Key actions

The Victorian Government provided $3.55 million for a public awareness campaign called 'Be Sure', to encourage Victorians to act and have their gas heaters serviced by a qualified gasfitter at least once every 2 years. The campaign has run every winter since 2019 through various channels and in multiple languages.

Energy Safe Victoria relaunched the campaign on 3 April 2023 which will run until the end of August 2023.

The relaunch of the ‘Be Sure’ campaign coincides with the beginning of Carbon Monoxide Awareness Week (24–28 April 2023), which creates awareness of potential health risks associated with gas heaters.

Status

Complete (ongoing)

Common questions

The new regulations amend the Gas Safety (Gas Installation) Regulations 2018 to phase out installation of Open Flued Gas Space Heaters unless they are fan-assisted with a safety shut-off device that activates within 15 minutes.

These safety features reduce the risk of carbon monoxide spilling into the room where the open-flued gas space heaters are in use.

These regulations align with the safety requirements set out in Australian Standard AS5263.1.3:2021 and recent decisions made by Energy Safe Victoria to restrict the sale and supply of OFGSHs.

Introducing these regulations enables Energy Safe Victoria to issue a penalty against gasfitters who install open-flued gas space heaters which lack safety features under section 72(1) of the Gas Safety Act 1997.

The Victorian Building Authority will support the enforcement of these regulations by monitoring the compliance of gasfitters with the amended regulations.

Open-flued gas space heaters which lack new safety features can draw carbon monoxide into the building where they are operating under certain conditions. This can cause carbon monoxide poisoning, which can result in serious injury or death.

This risk is highlighted through the death of Sonia Sofianopoulos in July 2017 and the deaths of Chase and Tyler Robinson in May 2010, which were due to carbon monoxide poisoning from open-flued gas space heaters.

The Statement of Reasons explained: ‘If the Minister for Energy, Minister for Environment and Climate Action and Minister for Solar Homes is not satisfied that the preferred approach has been effectively implemented, the Minister and Energy Safe Victoria will consider taking appropriate regulatory action.’

The department believes that implementation of the preferred approach has been ineffective. The design of open-flued gas space heaters certified under previous requirements presents safety risks such as carbon monoxide poisoning, injury and possible death.  Allowing for the continued installation of these products poses a significant safety risk to the community.

On 28 July 2022, Energy Safe Victoria, determined that from 1 August 2022, the sale and supply of open flued gas space heaters that don’t meet AS/NZS 5263 are prohibited under section 76 of the Gas Safety Act 1997.

On 1 August, Energy Safe Victoria also determined that such these types of heaters are no longer accepted for the purposes of section 69A of the Gas Safety Act 1997 effective immediately.

Energy Safe Victoria took these actions because open-flued gas space heaters that do not have a safety shut down feature are old technology that is not compatible with modern housing.

Energy Safe Victoria has exercised their powers under sections 69A and 76 of the Gas Safety Act 1997 to prohibit the sale and supply of open-flued gas space heaters which do not meet safety standards.

The amendment to the regulations complements Energy Safe Victoria’s actions by ensuring non-compliant open-flued gas space heaters are prohibited at every point possible.

Read ESV prohibits the sale of open-flued gas space heaters that don’t meet safety standards.

The new regulations came into effect on 10 August 2022.

Open-flued gas space heaters that don’t meet new safety requirements cannot legally be installed.

Speak to your retailer or installer to see if you can receive a refund.

This may depend on the terms of sale or installation or the retailer’s refund policy. You can also contact Consumer Affairs Victoria for advice if you cannot reach an agreement with the retailer or installer.

Open-flued gas space heaters are safe if you:

  • Ensure they are serviced at least once every 2 years by a qualified gas heater.
  • If possible, do not operate extraction fans such as your kitchen rangehood or bathroom fan. When there is a lack of ventilation, this can cause a negative pressure environment where carbon dioxide or other poisonous gasses can be drawn out of your flue and into living areas.
  • Allow for adequate ventilation when operating the heater.

Government initiatives to support gas heater safety include:

  • New minimum standards are mandated in Victoria for servicing Type A gas appliances.
  • The $335 million heater replacement program will assist in replacing older heaters with efficient heating options such as reverse-cycle air conditioning in 250,000 low-income and vulnerable households.
  • Energy Safe Victoria’s ‘Be Sure’ carbon dioxide public awareness campaign about the risks of carbon dioxide poisoning and the importance of regular servicing.
  • The updated Residential Tenancies Regulations 2021 prescribe mandatory gas safety checks for gas appliances installed in rental properties.
  • The current Department of Families, Fairness and Housing program to remove OFGSHs from public housing.
  • Regular servicing of heaters in schools.
  • Increased carbon dioxide detection training and guidance material for gasfitters.

Page last updated: 12/11/24