Compliance Register

QUEENSLAND GAS ASSOCIATION (Inc.)
CERTIFICATION RULES
Version as of Date: 15th May 2010

Certification Rules - The QGA Appliance Certification Scheme
Individual Certification Approval.

Table of Contents

1. Purpose

6. Certification Status

2. Undertaking

7. General Issues

3. Scope

8. Appendices

4. Definitions

5. The Certification Process

1. PURPOSE

The primary purpose of the Queensland Gas Association Inc. Individual Certification Approval Scheme is to provide assurance of an acceptable level of public safety with respect to the design and manufacture of domestic and commercial gas appliances designed for use with Natural gas or Liquefied Petroleum gas.

2. UNDERTAKING

The Applicant undertakes to comply with the Certification Rules of the Queensland Gas Association Inc. and understands and accepts that QGA certification is conditional upon such an undertaking. The Applicant also undertakes to comply with any changes to the Certification Rules and understands and accepts that continued certification is conditional upon such an undertaking.

3. SCOPE

The Queensland Gas Association Inc. Certification Scheme for Individual Gas Appliance Certification is applicable to domestic and commercial gas appliances. The Scheme relates to the Safety requirements for gas devices (type A) as contained  in Schedule 6 of  the Queensland Petroleum and Gas (Production and Safety) Regulation 2004) and applies to any manufactured appliances using gas as a fuel, including second-hand or refurbished appliances.
The following categories of appliance generally fall within the Scope of the Scheme:

(a) Domestic gas-appliances including camping and leisure appliances such as domestic barbecues.
(b) Commercial gas-appliances.
 Specific appliance types are shown in Appendix 1

4. DEFINITIONS

Appliance means a domestic or commercial Type A gas appliance.

Applicant includes the person, whether an individual, business name, body corporate or other legal entity, whose name appears in the Application as the person seeking to be issued with a Certificate and have the Maker’s Warranty Badge affixed .

Application means a written request, made by the Applicant to an Approved Person or body under Section 733 of the Petroleum and Gas (Production and Safety) Act 2004 for that person or body to undertake an Individual Certification of a gas appliance and affix a QGA badge to that appliance.

Approved Person is a person or body approved to approve gas appliances under Section 733 of the Petroleum and Gas (Production and Safety) Act 2004.

Association unless otherwise stated means the Queensland Gas Association Inc.

Certificate means a certificate issued by the QGA to the Applicant declaring that the appliance meets the Safety requirements for gas devices (type A)  following relevant tests against those requirements.

Certification Rules means these Certification Rules as amended by the QGA from time to time and by which the QGA and the Applicant agree to be bound.

Certification Scheme means the Individual Gas Appliance Certification Scheme (as amended from time to time) operated by the QGA and against which the QGA assesses an Application.

Gas means Natural Gas or LP Gas as defined in Queensland legislation.

Information means any technical information not publicly available provided by the Applicant to the QGA.

Maker’s Warranty Badge means a self-adhesive badge the design of which is owned by the QGA and by which the Applicant warrants that the appliance meets the requirements of the Association.

Non-Conformance means non-conformance of an appliance with the Safety requirements for gas devices (type A).

QGA means the Queensland Gas Association Inc.

Safety requirements for gas devices (type A) are those requirements contained in Schedule 6 of the Petroleum and Gas (Production and Safety) Regulation 2004.

Standards and/or Codes means the national and international standards and/or codes against which the Technical Design of an Appliance is assessed and which may be used to verify the appliance design against the Safety requirements for gas devices (type A).

Type A gas appliance means a domestic or commercial manufactured appliance designed to burn Gas as a fuel to which the “Safety requirements for gas devices (type A)” in the P&G Regs 2004 apply.  Type A gas appliances which may be approved by QGA certifiers are shown in Appendix A.

General Notes :

• Words importing the singular only shall also include the plural (and vice versa).
• Words importing one gender shall include every gender.
• Words importing persons shall include business names, bodies corporate and any other legal entity.
• A reference to Standards and/or Codes shall be deemed to be a reference to either one or both and includes such other safety related requirements of the QGA as amended from time to time as well as any Standards and/or Codes or safety related requirements of the QGA which may be substituted by another or any new Standard or Code or safety related requirement of the QGA as may be amended from time to time.
• The QGA reserves the right in its absolute discretion to apply one or more relevant Standards and/or Codes wholly or in part in
  the certification process.
• All fees, charges and other monies referred to in these Certification Rules are in Australian dollars.  Where applicable, GST will be additionally charged.
•  

5. THE CERTIFICATION PROCESS

5.1 The Application Stage

The Applicant:

• will make the necessary arrangements with an Approved Person to have the appliance assessed against the Safety requirements for gas devices (type A).
• will provide to the Approved Person any required access to the appliance and will also provide the required documentation.
• will pay to the Approved Person any fees or charges payable for the services rendered.
• will fully disclose to the Approved Person all relevant information in relation to the Appliance and which information might reasonably be expected to be taken into account by the Approved Person when assessing the Applicant’s Application.
• authorises the QGA to discuss any matters relating to the Applicant’s Application with the Approved Person.
• authorises Approved Person to disclose to the QGA all information or knowledge of which he/she is aware, regarding the appliance

5.2 The Testing Stage
 

• The Approved person will undertake a series of inspections and tests to ensure that the Safety requirements for gas devices (type A) are complied with.
• These inspections and tests are, where possible, to be based on the relevant Australian Standard.
• The Approved person will compile a certification report detailing all inspections, tests and results certify that these tests have been undertaken and place a copy of the application, the certificate and the report on the QGA compliance register.
• A hard copy of the report is to be provided to the applicant.
• If requested by the applicant, the Approved person will provide to the applicant the estimated costs of testing prior to any work being undertaken.

5.3 The Certification Stage

• If the appliance is suitable to be certified, the Approved Person shall issue a certificate and affix a Maker’s Warranty Badge to the Appliance and shall include the number of the Maker’s Warranty Badge in the certification report.
• If the appliance is not suitable to  be certified the Approved Person shall notify the applicant and shall provide details as required on the QGA Compliance Register

The QGA, subject to approval by the QGA Executive committee -

• will contact and assist government and regulatory bodies concerned with public safety in the event that it becomes aware of the potentially unsafe condition or operation of a domestic or commercial gas appliance.

6 CERTIFICATION STATUS (>Suspension and/or Cancellation)

The Applicant:

• acknowledges and accepts that, subject to the approval of the Chief Inspector, Petroleum and Gas,  the QGA may suspend and/or cancel a Certificate held by the Applicant where the QGA believes that the appliance does not meet the Safety requirements for gas devices (type A) and presents a danger to the public.
• undertakes that it will not market or offer for sale, sell or otherwise dispose of for gain or otherwise any gas appliance for which a Certificate has been suspended or cancelled.
• will not claim, imply or infer in any way whatsoever that any gas appliance is approved if the Certificate for that appliance has been suspended or cancelled by the QGA.
• will remove the Maker’s Warranty Badge from any gas appliance for which the Certificate of Compliance has been suspended or cancelled by the QGA.
• authorises the QGA to notify regulatory and/or government bodies concerned with public safety of the suspension or cancellation of a Certificate if the suspension or cancellation relates, either directly or indirectly to public safety.
• will promptly return to the QGA all Certificates of Compliance held by the Applicant which have been the subject of cancellation by the QGA.
• acknowledges that cancellation of a Certificate is irrevocable and that a new Application seeking certification must be lodged with the QGA in the event that the Applicant seeks re-certification.
• may in writing by its authorised representative, request the QGA to cancel a Certificate.

The QGA:

• shall advise the Chief Inspector, Petroleum and Gas and obtain approval prior to any cancellation taking place
• may only suspend any Certificate held by the Applicant on the grounds that the appliance no longer meets the Safety requirements for gas devices (type A) of the Association and presents a danger to users and the public..
• shall, subject to the approval of the QGA Executive Committee, advise all relevant regulatory and/or government bodies concerned with public safety in the event that it has suspended or cancelled a Certificate.
• shall take into account any accident data, audit reports and other relevant information in determining the compliance or otherwise with the Safety requirements for gas devices (type A).

7. GENERAL ISSUES

7.1 Confidentiality
The QGA, its servants, employees, contractors, certifiers and members shall keep confidential the Information provided to it by the Applicant. This obligation does not apply to Information which is already, or which may appear later, in the public domain, nor does it apply in respect of Information which is requested to be produced by the Courts, Tribunals, Police or by any government or regulatory bodies concerned with public safety.

7.2 Notices

The respective addresses of the Applicant and the QGA are the addresses set out on the Application, unless a different address is notified in writing to the other party. These addresses will apply for the serving of notices or other communications and which may be effected by personal delivery or by post, and if by post the date of service shall be deemed to be the day after posting.

7.3 Jurisdiction

These Certification Rules are governed by the laws of the State of Queensland and the parties irrevocably submit to the jurisdiction of the Courts of that State.

7.4 Liability

The Applicant shall forever release the QGA , its directors, employees, servants, agents and members and each of them from and forever agrees to indemnify and keep indemnified each of them against all actions, claims, suits, demands, costs and expenses, whether based wholly or partly on the negligence of the QGA , its directors, employees, servants, agents and/or members, in any way arising out of or in connection with the QGA ’s obligations under these Certification Rules and the certification process including (but without prejudice to the generality of the foregoing) the following:

• the giving of any assistance and/or advice prior to the time an Application is made.
• the inspection or testing (whether before or after the grant of a Certificate of Compliance) of any Appliance, including the giving of any advice and/or assistance during the testing or inspection process.
• any advice and/or assistance given in the course of or in connection with the testing or inspection of a Sample Product or Production Unit.
• the granting of any Certificate.
• the affixing of any Maker’s Warranty Badge.
• the installation (in accordance with all applicable Acts and Regulations) of any Appliance bearing a Maker’s Warranty Badge.
• the suspension or cancellation of any Certificate or the lifting of a suspension.
• the contacting of government bodies concerned with public safety and discussing with those bodies any matters concerning an Appliance or a Certificate.

7.5 Dispensations

The Queensland Gas Association Inc. Individual Appliance Certification Scheme is intended to confirm that a Type A gas appliance or a component described under the heading “Scope” within these Certification Rules meets the requirements of relevant Standards and/or Codes. As the certification is based on the Safety requirements for gas devices (type A) of the Queensland Petroleum and Gas (Production and Safety) Regulation, no deviations of any kind are permitted. This is not to be taken to read that strict compliance with any specific Standard and/or Code is mandatory, but rather that the relevant Safety requirements for gas devices (type A) themselves are not negotiable.

7.6 Applicant Contact Details

The Applicant shall keep the QGA fully informed in writing of all relevant contact details necessary for the QGA to satisfactorily administer the Applicant's certification (eg name of contact officer, job title, telephone and fax number, etc).

8. APPENDICES
8.1 APPENDIX 1 – LIST OF APPLIANCES

8.2  APPENDIX 2: SUBMITTAL DOCUMENTATION

Submittal documentation required by the QGA before it can commence the certification assessment process, must include all of the following:

• A completed “Certificate Application Form2” signed by an authorised employee of the Applicant.
• Payment of applicable fees and charges; and
• Any other information the Applicant wishes the QGA to consider in its certification assessment.

Notes:
1. The Applicant is responsible for ensuring Submittal Documentation is consistent with any specification requirements described in the Standard/Code applicable to the Sample Product and must conform to the QGA certification process.
2. Applications received without the necessary supporting documentation will be rejected and returned to the Applicant.

 8.3  APPENDIX 3: PUBLICATION OF NEW/AMENDED REQUIREMENTS

New and/or amended certification requirements (including changes to Standards) may be publicised in any of the following ways:

• Notification by email to relevant parties
• QGA Publications, including Technical Bulletins.
• Public advertisements.
• The QGA website.