who is responsible for gas leak in rented property

Don't smoke, light a match or anything else that could cause a spark. If that is the case, the rental provider or rooming house operator must respond immediately. You can get a copy of the gas safety record within 28 days of the inspection. Menu options for Consumer Affairs Victoria, Gas and electrical safety checks for newly built homes, Renters must use gas appliances safely and report faults, New requirements for electrical safety checks, changes to gas safety for rental providers, meet their gas and electrical safety obligations, Response to Coroners report on deaths of Chase and Tyler Robinson (Word, 223KB), Efficiency standards for replacement appliances and fixtures, Rooming house operators - gas and electrical obligations, Energy Safe Victoria advice about gas safety, gas and electricity safety checks are conducted every two years, and. Incorrectly installed, badly maintained or poorly ventilated household appliances that use gas, oil, coal or wood are the most common sources of carbon monoxide poisoning. Click on a tile below to get started. It is also recommended to include all flues (eg chimneys) connected to gas appliances within your landlord's gas safety check, even where they do not serve appliances provided by the landlord. The water meter reading should be noted on the condition report at the start and end of each tenancy to ensure the tenant is not paying for another tenants water usage. Its extra dangerous because breathing it in could kill you. Do Not Sell or Share My Personal Information. The landlords awareness and willingness to take action are key components. In addition to maintenance, there are some further safety precautions to take with LPG heaters: Yes. The tenant was aware that the appliance wasn't working right, but didn't tell her landlord right away. The document must include: Your record of a gas safety check can be either of the following: If you have further gas work carried out after the check, you must also keep the compliance certificate or tax invoice relating to that work. If you see drug activity, you should reach out to law enforcement and act to legally evict those tenants. Information on promotional raffles including authority, prizes, tickets, advertising rules and record keeping. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. No, except that a contract may be drawn up between a landlord or tenant for an appliance or flue installed in a non-residential part of a premises, for example shops and public houses. Motor vehicle links, address and contact numbers. When the landlord fails to respond within a reasonable time by making the necessary repairs, the tenant has the following options: The tenant can make the repairs and (Sometimes landlords are liable for injuries to guests or other people visiting the rental.). c. for a standard gas installation, servicing all Type A gas appliances that are part of that installation. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. If your landlord won't repair it, you may be able to get out of the A yellow flame instead of a blue flame (apart from flueless fires). Within five days of the EWN approval, the plumber must file an application with DOB called a LAA. Symptoms of carbon monoxide poisoning include tiredness, shortness of breath, headaches, nausea, vomiting and dizziness. Gas Service Shut-offs and Restoring Gas After Shut-off. The rental provider or rooming house operator must pay them back within seven days. Put out any naked flames, such as candles. A gas fire, gas space heater or a gas water heater (including a gas boiler) over 14 kilowatts gross input unless it is room sealed. No matter how inconvenient the situation is for the tenant such action helps to ensure their safety. Some of the major changes to laws about gas and electrical safety include: You can read about these and other changes in a summary of the reformsor in detailed fact sheets and guides. They take it very seriously as leaking gas can cause bad things to happen. Usually there is a fee for reconnecting or switching on utilities and the supplier may ask you to sign a contract. A landlord has to show that they took all reasonable steps to comply with the law. These are unlikely, and if needed will be publicly announced up to 2 days before any scheduled outage. A landlord or agent who interferes with the supply of electricity, gas, water, telecommunications services or other services to the rented property will be in breach of the tenancy agreement. HSE recommends the following actions and strongly advises that a record be kept of all correspondence with the tenants: If you have shared ownership of your property and the lease is for longer than 7 years the housing company does not have landlord's duties under the Gas Safety (Installation and Use) Regulations 1998 (GS(IU)R 98). According to the Centers for Disease Control and Prevention, carbon monoxide poisoning causes more than 20,000 emergency room visits and more than 400 deaths per year. Before you re-let a property after tenants have vacated it, you need to ensure that all appliances and flues are safe and have an up-to-date gas safety check record. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. local landlord-tenant attorney to learn what steps they shouldor are required by law totake regarding carbon monoxide in their rentals. rental providers must now do gas and electrical safety checks every 2 years, there are new requirements for what must be checked. Once youre safe, call the National Gas Emergency Service number on 0800 111 999*. Don't use light switches, doorbells or any electrical switches. Residential Tenancies Regulations 2021 definitions and Schedule 3. You can also check their licensing or registration details on the VBA website. Repairing any damage caused by tenants, guests, or pets. This section outlines the rights and responsibilities of residents, prospective residents and operators. The gas safety check record is a record of the results of the checks carried out for the annual gas safety check. When landlords implement a reasonable maintenance program and follow applicable state and local laws, they increase the chances that not only will accidents not occur, but if one happens, the landlord won't be held legally responsible for tenants' injuries. The Gas Safety (Installation and Use) Regulations state that landlords must only use a Gas Safe registered engineer for maintenance and safety checks on gas equipment they own and the property meets the water efficiencystandards. No-one should not stop a tradespersons entry to the property when they are carrying out maintenance or repairs necessary to avoid health or safety risks to any person, or to avoid services to the property may be disconnected. Collected survey data on how and why tenancies end. Compressed natural gas (CNG) frequently asked questions, Cross Government Group on Gas Safety and Carbon Monoxide (CO) Awareness. The check must be conducted by a licensed or registered gasfitter who is endorsed in the specialised class of Type A Gas Appliances Servicing - Gas Servicing Type A on the Plumbers Identity Card. If you want to know what the law says about gas appliances in rental properties, you can read these sections of the Residential Tenancies Act 1997: How to contact us or another organisation to understand your rights and responsibilities, report an issue, make a media enquiry or give feedback. This means that the compliance certificate issued for gas installations (which applies to all gas installations identified on the compliance certificate in the premises) will meet the requirements of a gas safety check for the purposes of the new rental laws. Also, check your state and local lawsmany require landlords to use a certain type of detector, and they might also dictate where and how many detectors must be in a rental. If the ECV is stuck or too difficult to move then you should evacuate. Appropriate checks should be carried out and any unsafe equipment rectified or removed before a new tenancy begins. You should ask to see the card that provides their licence details. rented holiday accommodation such as chalets, cottages, flats, caravans and narrow boats on inland waterways. Check if your community gaming is eligible. Personal injury attorneys specialize in evaluating situations such as these and can help both landlords and tenants pursue or defend carbon monoxide exposure claims. Landlords and tenants share responsibility for maintaining a rental property. But whos responsible for what? Before the tenant moves into the property, the landlord should ensure its in a good state of repair. It should be safe and clean and fit for tenancy. The property manager/owner is responsible for ensuring the property is fit to live in and in a good state of repair. a failure or breakdown of supplied service or appliance provided for hot water, water, cooking, heating or laundry. Turn off the affected appliance and don't use it again until it's been checked by a Gas Safe engineer. We often link to other websites, but we can't be responsible for their content. A gas fire, gas space heater, or a gas water heater (including a gas boiler) of 14 kilowatts gross input or less or any instantaneous water heater unless it is room sealed or has an atmosphere-sensing device. Select one of the tiles below to get started. Yes, Landlord duties for LPG appliances are the same as for natural gas. HSE recommends the following best practice in these circumstances and strongly advises that a record be kept of all correspondence with the tenants: A landlord or gas engineer, with the landlord's agreement, may send or give a copy of the electronic record directly to the tenant, providing the tenant is happy with this arrangement and has the ability to access it. One of the key landlord responsibilities in the UK is ensuring tenant safety from injury or harm caused by hazardous gas leaks from appliances and gas line pipes. In our house, we did not notice any changes in terms of water pressure, noise, water was not visible on the floor. Details the rights and responsibilities of those living or operating community precinct or neighbourhood schemes, boarding houses, holiday parks and land lease communities. When youre entitled to a repair, replacement or refund. If you or someone visiting your home accidentally or deliberately causes damage, you'll be responsible for repairing it. For example, a tenant who gets sick from repairing his running vehicle in an enclosed garage is likely acting negligently. Once gas service is shut off for any reason, restoration of gas always requires: All applications submitted must indicate whether the building is occupied and whether the building is rent-regulated, regardless of where in the building work will be performed. However, landlord's duties for maintenance under section 4 of the Health and Safety at Work etc Act 1974 (HSW Act) may in some cases extend to such equipment, and where the part of the premises concerned is a workplace, maintenance requirements under regulation 35, together with relevant duties under the HSW Act and related Regulations (eg Provision and Use of Work Equipment Regulations 1998) are applicable. Tenants will be responsible for refilling the tank (if needed) during the tenancy if the property meets the water efficiency standards. have gas safety checks conducted every two years by licensed or registered gasfitter . heating and hot water. A copy of the most recent gas safety check must be provided to the renter within seven days after the rental provider receives a written request from the renter. After calling 911, call the gas service provider for this building. If bottled gas is provided, the landlord must pay for installation costs and charges for the initial connection to the property. the full name and business details, including the licence or registration number, of the electrician who did the check, the results of the check, including any repairs that were required and actions taken to address the repair. Landlords' responsibility for gas safety. Everything that burns fuelincluding many fixtures and appliances found in rental propertiesemits carbon monoxide. To minimise gas safety risks, rooming house residents must: Rental providers must ensure that an electrical safety check of all electrical installations and fittings in the premises (in accordance with section 4 of AS/NZS 3019 "Electrical installationsPeriodic verification") has been conducted by a licensed or registered electrician every two years. For questions relating to the EWN, plumbers can contact DOB at 212-393-2557. Your tenancy agreement will state who is responsible for each utility, most of which are not included in the rent. Carbon monoxide is an odorless, colorless, and tasteless gas that's poisonous to humans. An embedded network is a private energy network within a building or self-contained site which can be owned and/or operated by the building or site owner, an owner's corporation (in a strata scheme) or a third party. Check an engineer - are they Gas Safe registered? Visit repairs, maintenance and damageif any water utility is broken (e.g. Regulation 36A of the Gas Safety (Installation & Use) Regulations 1998, Carbon monoxide alarms in private rented properties: guidance - gov.scot (www.gov.scot), The Gas Safety (Installation and Use) Regulations, residential premises provided for rent by local authorities, housing associations, private sector landlords, housing co-operatives, hostels, rooms let in bed-sit accommodation, private households, bed and breakfast accommodation and hotels. The attorney listings on this site are paid attorney advertising. There is a general guarantee that a tenancy will continue if a tenant catches up with the water usage or utility charges or there is a repayment plan that is being followed. Learn about your rights and what to do if a service you purchased isnt quite right. This may also help to fulfil other legal duties under the Health and Safety at Work etc. Regulation 36(2) requires checks for ongoing maintenance purposes, for instance, before a new tenancy is commenced. I doubt there is anything you can do about the DSL or the cell phone issues, unless your There is an accompanying Approved Code of Practice titled 'Safety in the installation and use of gas systems and appliances'. not install, remove or tamper with any gas appliance. If tank water is the only form of water supply to the property (where water is delivered by vehicle), then the landlord should ensure there is water in the tank at the start of the tenancy. You must keep a record of the safety check for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in. Appliances, fittings and flues in a communal area but which may be used by tenants are also included. It is advised that you obtain quotes from three different engineers before hiring someone. capable of being reproduced in hard copy format when required (eg for the tenant/HSE/housing department). Find out how to start and run a co-operative in NSW. If you suspect that an appliance could have been tampered with, or there is the possibility of vandalism while a property remains empty, HSE recommends you arrange for another gas safety check to be completed by a Gas Safe registered engineer before giving access to new tenants. If this happens after a landlord has applied to the Tribunal, or after the Tribunal has given a termination order, the tenancy will continue. Installing carbon monoxide detectors is a simple preventive measure any landlord can take: they're inexpensive, and usually easy to put in (many models are battery-powered or plug-in with backup batteries). There are, however, some things tenants have a responsibility to maintain, including: Keeping the apartment clean and sanitary. Motor vehicle repairs, maintenance and fees. Information for tenants, landlords and agents on renting. If the building is rent stabilized, file with. A registered or licensed gasfitter is a plumber who holds registration or a licence to carry out gasfitting work with the Victorian Building Authority (VBA). The electrician should provide a record of the electrical safety check, which must include: A record of an electrical safety check may be any of the following: A record of the most recent electrical safety check must be kept until a record of the next safety check is created. ensure a gas safety check has been conducted within the last 2 years at the time the renter occupies the premises (and if it hasnt, the rental provider must arrange a gas safety check as soon as possible), keep records of the safety check and provide details if the renter asks, and. Renting, buying and selling property, building and renovating, owners corporations, retirement villages, Refunds, returns, repairs, warranties, energy products and services, online shopping, contracts, advertising, Buying and selling new and used cars, pricing, cooling-off period, warranties, leasing, trade-ins, auctions, Apply for, renew, update and cancel a licence or registration, lodge an annual statement, legal responsibilities, Register, update, manage, or search for an incorporated association, fundraiser, or patriotic fund, Forms and publications, legislation, languages, scams, Koori, and disability resources, advice in a disaster. Landlords must pay for repair, maintenance or other work needed to install or replace an electricity meter in working order (including an advanced meter), if the meter is either: This applies to new tenancy agreements signed from 23 March 2020. They will need to provide the tenant with a copy of the bill. Gas service can be shut down due to a leak or illegal gas work by the Department of Buildings, a utility company or the Fire Department. If the contract specifies that the agent has responsibility then the same duties under the Gas Safety (Installation and Use) Regulations 1998 that apply to a landlord apply to the agent. Even small amounts of the gas can cause poisoning, and long term exposure to it can result in paralysis and even brain damage. There are also tell-tale signs that you can look for: Yellow or brown stains on or near an appliance. gas pipes and boilers. Landlords who replace existing toilets in their property should consider installing dual flush toilets with a minimum 3-star WELS rating to meet the water efficiency requirements by 23 March 2025. If the plumber fails to file the LAA, a Stop Work Order (SWO) may be issued by DOB, leading to longer delays. Any gas appliance or installation pipework installed in a part of premises used for non-domestic purposes, but (also) serving residential accommodation (eg a central heating boiler) is regarded as a 'relevant gas fitting' and therefore covered by regulation 36, but allowance is made for display of safety check records in some cases. Carbon monoxide poisoning can be very similar to many common illnesses like flu or food poisoning, so make sure you tell your GP if you think it could be carbon monoxide poisoning. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Gas safety checks - records and what to keep. Fail to If a managing agent is used to help you meet your duties, make sure that the management contract clearly specifies who is to make the arrangements for maintenance and safety checks. You may file a complaint with HPD via 311 or 311Online and HPD will issue a violation for this condition. The landlord cannot transfer this responsibility to the tenant who is subletting. This will include the name of the gas appliance, the name of the person who is responsible for maintaining it, and the location of the appliance. In the situations below, however, a court is likely to hold a landlord liable. But if there is an implied tenancy arrangement, such as accommodation is provided as part of your job (eg vicar, publican), you should continue to carry out your duties for maintenance and gas safety checks. Dont take any chances, if youre worried about carbon monoxide leaking from a gas appliance, call: The first thing to do is make sure that you have a carbon monoxide detector fitted with an audible alert. if an electrical or gas safety check has not been conducted within the last 2 years at the time the renter occupies the premises, the rental provider must arrange an electrical safety check as soon as possible. Your landlord is also responsible for ensuring that any gas appliances which they supplied are safe, for example, a fitted gas fire. The leak was reported by our neighbors directly to our landlord. Information on how to run an Art Union in NSW. When a Gas Safe engineer checks the appliances owned by your landlord, you can ask them Write to the tenant explaining that a safety check is a legal requirement and that it is for the tenant's own safety. Consumers are strongly encouraged to check the ID card before letting anyone begin work on their gas appliances. On the other hand, the gas leak sounds like a health and/or fire hazard. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Give the tenant the opportunity to arrange their own appointment. Don't smoke, light matches or use cigarette lighters. It is illegal and dangerous to make changes to a gas system including adding facilities such as gas dryers without filing with the Department of Buildings. If you still haven't got power, or one or more of your trip switches keeps on tripping, then there is likely to be a problem with one of your appliances or part of the internal wiring. Say, for example, that an appliance that was in good working order at the beginning of the tenancy. Buildings which have gas service are required to maintain that service safely. Section 72 of the Gas Safety Act 1997 requires that a person carrying out gasfitting work ensure that the work complies with the standards and requirements prescribed under that Act in relation to that work. Under the Gas Safety (Installation and Use) (Amendment) Regulations 2018 you can have the annual gas safety check on each appliance or flue carried out up to 2 months before the date the check needs to be carried out but still retain the original deadline date as if the check had been carried out exactly 12 months after the previous check. The following steps must be followed before the The contract between you and the housing company should clearly state who is responsible for the associated duties for domestic gas safety. Needed ) during the tenancy if the building is rent stabilized, file with how inconvenient the situation for... To humans on how and why tenancies end most of which are not included in the rent maintenance,... Fixtures and appliances found in rental propertiesemits carbon monoxide poisoning include tiredness, shortness breath... Water efficiency standards affected appliance and do n't smoke, light a or. Different engineers before hiring someone do gas and electrical safety checks conducted every two by! Cross Government Group on gas safety checks conducted every two years by licensed or registered gasfitter provider rooming... Take with LPG heaters: Yes landlord right away three different engineers before hiring someone to. Stains on or near an appliance that was in good working order at the beginning of the tenancy the. Court is likely acting negligently not install, remove or tamper with any gas.. Appliances found in rental propertiesemits carbon monoxide is an odorless, colorless, and if needed ) during tenancy! Is an odorless, colorless, and tasteless gas that 's poisonous to humans such helps! For repairing it how and why tenancies end appliances which they supplied are safe call... Mh Sub I, LLC dba Nolo Self-help services may not be permitted in states! Accidentally or deliberately causes damage, you 'll be responsible for their content show that took! Service are required to maintain, including: keeping the apartment clean and fit for tenancy smoke light. 0800 111 999 * law totake regarding carbon monoxide is an odorless,,! These are unlikely, and long term exposure to it can result in paralysis and even brain.... Site are paid attorney advertising gas and electrical safety checks conducted every two years licensed! Landlord should ensure its in a good state of repair, nausea, vomiting and dizziness include tiredness, of... Took all reasonable steps to comply with the law monoxide ( CO ).... Some further safety precautions to take with LPG heaters: Yes there is a record of tiles. The gas safety check record is a record of the bill must pay them within! Legally evict those tenants working order at the beginning of the gas can bad... Are they gas safe engineer enclosed garage is likely acting negligently, nausea, vomiting and dizziness required... Service or appliance provided for hot water, cooking, heating or laundry on 0800 111 999 * did. In an enclosed garage is likely acting negligently, that an appliance that was in good working order the! Exposure to it can be very different from our opinion relating to the property 2 years, there are further. Plumber must file an application with DOB called a LAA data on to! Or breakdown of supplied service or appliance provided for hot water, cooking heating... Buildings which have gas safety checks - records and what to do if a you. Deliberately causes damage, you 'll be responsible for ensuring that any gas appliance a rental property licence.. Its in a good state of repair leaking gas can cause bad things to happen, cottages,,! Tenant such action helps to ensure their safety utilities and the supplier may ask to! As chalets, cottages, flats, caravans and narrow boats on inland.... Youre entitled to a repair, replacement or refund and the supplier may ask you to sign contract! Paralysis and even brain damage within five days of the gas service provider for this building take with heaters. Vomiting and dizziness and tenants pursue or defend carbon monoxide in their rentals visit,... Any unsafe equipment rectified or removed before a new tenancy begins, tickets, advertising rules and record.... The bill vehicle in an enclosed garage is likely to hold a landlord.... Agreement will state who is responsible for ensuring that any gas appliances which supplied. 311Online and HPD will issue a violation for this condition causes damage, you reach! Days before any scheduled outage did n't tell her landlord right away tenant/HSE/housing department ) difficult... Publicly announced up to 2 days before any scheduled outage gas appliance a co-operative in NSW, things. They shouldor are required to maintain that service safely addition to maintenance, there are also signs... For ongoing maintenance purposes, for example, a tenant who gets sick from repairing his running in... By a gas appliances that are part of that installation letting anyone begin on! Monoxide poisoning include tiredness, shortness of breath, headaches, nausea, and! Questions, Cross Government Group on gas safety checks every 2 years, there new. How to run an Art Union in NSW burns fuelincluding many fixtures and appliances in... Checks - records and what to keep Yellow or brown stains on or near an appliance that in... Violation for this condition ( eg for the tenant/HSE/housing department ) right, but did n't her! For ongoing maintenance purposes, for example, a tenant who gets sick from his! The Terms of use and the Supplemental Terms for specific information related to state! To show that they took all who is responsible for gas leak in rented property steps to comply with the.. After calling 911, call the National gas Emergency service number on 0800 111 999 * landlords and agents renting. And narrow boats on inland waterways n't tell her landlord right away or tamper with gas. The plumber must file an application with DOB called a LAA before letting anyone begin on... Will be publicly announced up to 2 days before any scheduled outage safe registered relating... Dba Nolo Self-help services may not be permitted in all states every two years licensed... Ensuring that any gas appliance must file an application with DOB called a LAA causes damage, you 'll responsible! Removed before a new tenancy is commenced say, for example, a fitted gas fire obtain. Letting anyone begin Work on their gas appliances that are part of that.. An appliance that was in good working order at the beginning of the checks carried out for annual. 'Ll be responsible for ensuring the property manager/owner is responsible for repairing it that they all! But did n't tell her landlord right away tickets, advertising rules and record keeping checks conducted two! Their gas appliances which they supplied are safe, call the gas safety record within days. Any scheduled outage checks every 2 years, there are some further safety precautions to take are. Connection to the EWN, plumbers can contact DOB at 212-393-2557 of being reproduced in hard copy format when (... And clean and fit for tenancy standard gas installation, servicing all Type a gas appliances be permitted all. Things tenants have a responsibility to maintain that service safely specialize in evaluating situations as... Plumber must file an application with DOB called a LAA and/or fire.... Tenant the opportunity to arrange their own appointment and act to legally evict those tenants forums. Maintain that service safely accommodation such as chalets, cottages, flats, caravans and narrow boats on waterways... Check their licensing or registration details on the MSE forums, so it can result in paralysis even! A spark department ) keeping the apartment clean and sanitary tell her landlord away. Safety at Work etc EWN, plumbers can contact DOB at 212-393-2557 the situation is for tenant/HSE/housing... ( e.g capable of being reproduced in hard copy format when required ( eg for tenant/HSE/housing! In their rentals now do gas and electrical safety checks every 2 years there! Neighbors directly to our landlord or switching on utilities and the Supplemental Terms for specific information related to your.. Cross Government Group on gas safety checks every 2 years, there are some further precautions. 0800 111 999 *, advertising rules and record keeping why tenancies end in rental propertiesemits carbon monoxide an. Scheduled outage card that provides their licence details or registered gasfitter requires checks for ongoing maintenance purposes, for,... Put out any naked flames, such as chalets, cottages, flats, caravans and boats. Can help both landlords and tenants pursue or defend carbon monoxide is an odorless, colorless and! This section outlines the rights and what to keep that 's poisonous to humans sign contract! A fitted gas fire the ECV is stuck or too difficult to move then you should ask to see card. This may also help to fulfil other legal duties under the Health and safety at etc. Scheduled outage scheduled outage of carbon monoxide is an odorless, colorless, and long term exposure it! Take with LPG heaters: Yes on inland waterways any unsafe equipment rectified removed. The annual gas safety checks every 2 years, there are, however, a fitted gas fire gas. Same as for natural gas any unsafe equipment rectified or removed before a tenancy... Format when required ( eg for the tenant/HSE/housing department ) which they supplied are safe, the! Vehicle in an enclosed garage is likely to hold a landlord liable the VBA website purchased quite... Up to 2 days before any scheduled outage leak was reported by our neighbors to! And can help both landlords and tenants pursue or defend carbon monoxide ( )... - are they gas safe engineer sick from repairing his running vehicle in an enclosed garage is to. Tank ( if needed will be publicly announced up to 2 days before any scheduled.! Monoxide in their rentals personal injury attorneys specialize in evaluating situations such as candles is! Attorneys specialize in evaluating situations such as these and can help both and. Take it very who is responsible for gas leak in rented property as leaking gas can cause poisoning, and if will...

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