approved electrical inspection authorities and low …approved electrical inspection authorities and...
TRANSCRIPT
Approved Electrical Inspection
Authorities and Low Voltage
Electrical Installations in the
Regulatory Domain to ensure
full Legal Compliance
MARK PALMEROperations Director
Electrical Approved Inspection Authority Southern Africa
Member of the SANS 10142-1 Technical Committee
AGENDA
• History of electrical AIA’s
• Department of Labour structure with A.I.A’s
• Certificate of compliance – Low Voltage Installations
• Low Voltage Installations – Legal Compliance
• Verification and Certification
• Questions
History of Electrical AIA’s
• AIA’s for electrical installations were originally
incorporated as a pilot scheme in 1999 due to
the then Electrical Installation Regulations 1992
not having provision for AIA’s
• The Electrical Installation Regulations of 1999
were amended to include AIA’s to assist both
the Department of Labour as well as the public
in inspecting electrical installations.
INSTALLATION COMPLIANCE
• Since the inception of the AIA pilot scheme in 1999 statistics reveal that in the Gauteng and Western Cape – AIA’s have been requested by the public to attend to approximately 15000 investigations relating to invalid certificates of compliance relating to the transfer of domestic properties alone.
• These statistics in our opinion however represent the tip of the iceberg insofar as non compliant electrical installation work is concerned
• Hazardous Areas are also becoming concerning where industrial premises are being audited.
A.I.A. ENFORCING COMPLIANCE
• The learning curve however by both the Department of
Labour and the AIA has reached it’s apex
• Recent discussions with the Department of Labour have
included commitments by them that effective enforcement
of the Regulations is a process which will now be actively
introduced at various levels
• The issue of competency will shortly be introduced by the
Department of Labour as enforcement measures in the
near future
• The Electrical Installation Regulations of 2009 will also
shortly be under review
Department of Labour
structure with registered A.I.A
Director General
Deputy Director
General
Chief Inspector of Machinery
Executive Managers
Provincial Chief
Inspectors
Business Unit
Managers IESManagers
Inspectors
Investigations to ensure
electrical compliance
A.I.A Registered
Low Voltage Installations
In South Africa, low voltage electrical
installations are governed by the Electrical
Installation Regulations (EIR 2009)
which in turn incorporates the
SANS 10142-1 Wiring Code – Low Voltage
Installations
as a safety standard
The law and compliance
• The guiding Regulations for Compliance is
the Electrical Installation Regulations
(2009) – EIR 2009
• The responsible Regulator is the
Department of Labour (Chief Inspector)
• Compliance is determined by the issue of a
valid Certificate of Compliance (COC)
Where it all starts
Occupational Health and Safety Act 85 of 1993
includes
Electrical Installation Regulations, 2009
SANS 10142-1
SANS 10142-1 is incorporated into the EIR
2009 in terms of Section 44 of the OHSA
As a SAFETY STANDARD
Safety Standards
Therefore, if it is the opinion of the Minister
that any specification, code of practice, safety
standard, method or any other directive will
promote the attainment of an object of this
Act or which seeks to promote
standardisation, such document can then be
incorporated to give it the force of law
Standards
All Safety Standards are listed in SANS 10142-1
– Table 4.2
All equipment used in a fixed electrical installation
must comply with these prescribed standards
Standards Act
Additionally the Standards Act makes provision
for Compulsory Specifications
These control the Sale of Products
What is a Standard?
In simple terms a Standard is a published
document which lists specifications and
procedures established to ensure that a
material, product, method or service is fit for
its purpose and performs in the manner it
was intended for.
Manufacturers Specifications
• A close link therefore exists between the
standard and manufacturers specifications
• This is enforced by the OHSA Section 10
i.e.
• General duties of manufacturers and
others regarding articles and
substances for use at work i.e
OHSA Section 10
• Section 10.1
Any person who designs, manufactures, imports, sells
or supplies any article for use at work shall ensure, as
far as is reasonably practicable, that the article is safe
and without risks to health when properly used and
that it complies with all prescribed requirements.
OHSA Section 10
• Section 10.2
Any person who erects or installs any article for use at
work on or in any premises shall ensure, as far as is
reasonably practicable, that nothing about the manner
in which it is erected or installed makes it unsafe or
creates a risk to health when properly used .
Properly Used
• In turn, “Properly Used” is defined as;
• meaning “used with reasonable care, and
with due regard to any information,
instruction or advice supplied by the
designer, manufacturer, importer, seller or
supplier”
Regulation 2 – Responsibility for electrical installations
1.) Subject to sub-regulation (3) the user or lessor of an
electrical installation, as the case may be shall be
responsible for the safety, safe use and maintenance of
the electrical installation he or she uses or leases.
2.) The user or lessor of an electrical installation, as
the case may be shall be responsible for the safety of the
conductors on his or her premises connecting the electrical
installation to the point of supply in the case where the
point of supply is not the point of control
Responsibility
It must be clearly understood that a
professionally registered person as the
Designer detailed in Clause
8.2.1(responsibility) of the Test Report and
the person responsible for total compliance
from commencement to commissioning may
not be the same person
Responsibility
• This requirement is a statutory requirement
and non compliance by a user in the non
appointment of a this person, will contravene
the provisions of the Regulations.
• This requirement is primarily to ensure both
installation compliance as well as confirming
that design requirements with complied with
by the contractor.
Responsibilities (Properly Used)
Section 10 therefore creates a dual responsibility
to ensure that standards are complied with;
• the user has to use something with reasonable
care and
• the provider of the article or substance has to
provide information and instructions in order to
enable the user thereof to use it properly
Responsibilities (Cont.)
• Understanding then that Designers and/ or
manufactures have a duty to comply with
standards…
• And that this also extends to include
persons who install articles for use at work
i.e. including electrical installations
(OHSA Section 10.2)
Responsibilities (Cont.)
• It is becomes imperative that a closer link
exist between designers; to ensure that the
design of an electrical installation and
• The installer (or electrical contractor) to
ensure that the construction of the
installation;
• Complies with the provisions of SANS
10142-1 relating to Design and Installation.
Structure of SANS 10142-1
• In the fourth edition of SANS 10142 (SANS
10142:1993), the design and installation
requirements appeared in two separate
clauses.
• Because of the close link between these
clauses, in Edition 2.0 of SANS 10142-1
(SANS 10142-1:2017), the design and
installation requirements are combined and
are now given in clause 6 as installation
requirements
Structure of SANS 10142-1(Cont.)
• SANS 10142-1 includes certain provisions
which are for information and guidance
only. These provisions do not use the word
"shall" and they can be found in the text, in
the notes and in the informative annexes.
• Except in tables, notes are always for
information only.
Regulation 3- Approved Inspection Authorities for electrical installations
1.) The chief inspector may approve any person
that has been accredited by the accreditation
authority as an approved inspection authority for
electrical installations.
• Note: This regulation merely stipulates that
SANAS accredits such entities and in what format
they have to apply as well as the fees payable as
contemplated in Regulation 14
Regulation 4 – Functions of Approved Inspection Authorities
1.) An approved inspection authority for
electrical installations may enter premises
and conduct an inspection, test or
investigation only when:
a.) contracted by the chief inspector
or provincial director for a specific
electrical installation; or
Regulation 4 – Functions of Approved Inspection Authorities (cont.)
b.) requested by the user or
lessor of an electrical
installation to do so.
2.) An approved inspection authority for
electrical installations may not operate as an
electrical contractor.
Regulation 7 – Certificate of Compliance
1.) Subject to sub-regulation (3) the user or
lessor of an electrical installation, as the case
may be shall be, shall have a VALID
certificate of compliance for that installation
in the form of Annexure 1, which shall be
accompanied by a test report in the format
approved by the chief inspector, in respect of
every such electrical installation
CERTIFICATE OF COMPLIANCE
• AIA’s conduct investigations and audit
inspections on behalf of the general public
and makes special findings as to:
• The safety of any condition prevalent on or in
any premises
• The question of whether any particular
standard has been or is being complied with
CERTIFICATE OF COMPLIANCE
• The regulations provide for any person who
undertakes to do electrical installation work to ensure
that a valid certificate of compliance is issued for that
work.
• It is therefore imperative for users to ensure that
electrical contractors, who perform alterations or
additions to the electrical installations, certify the
extent of their work.
• AIA’s can be used to verify this work to ensure that
valid certificates of compliance are issued.
CERTIFICATE OF COMPLIANCE
• Provisions of the Electrical Installation Regulations 2009 –
mandatory requirement for the issue of a certificate of
compliance for all electrical installation work
• Section 22 of the Occupational Health and Safety Act 85 of
1993 prohibits the sale of any item of machinery (including
an electrical installation) where a safety standard is
prescribed, unless such machinery complies with that
standard
• The standard referred to with regard to low voltage
electrical installations is SANS 10142-1, SANS 10086-1,
SANS10089-2 and SANS 10108
Design Requirements
• It is especially important to be aware of
the activities of occupants of a building.
For example, the occupants might be
engaged in wet processes or in the
handling of flammable or explosive
materials.
• These activities will influence the design
of the installation.
PROCEDURE FOR ISSUING A
CERTIFICATE of COMPLIANCE
ISSUE CERTIFICATE
of COMPLIANCEEIR 9(2)
CORRECTIVE
ACTIONEIR 9(3)
COMPLIES
DOES NOT
COMPLY
COMPLIANCE
INSPECTION & TESTEIR 9(2)
CERTIFICATE OF COMPLIANCE
C.o.C LEGAL IMPACT LINKS
ESTATE
AGENT
SELLER
BUYER
CONTRACT
CONTRACT
REGISTERED
PERSON
APROVED INSP.
AUTHORITY
SELLER
BUYER
REGISTERED
PERSON
CONTRACT
CONTRACT
C.o.C LEGAL IMPACT LINKS
SELLER
BUYER
REGISTERED
PERSON
CRIMINAL
ACTION
CIVIL
ACTION
CIVIL ACTION
C.o.C LEGAL IMPACT LINKS
EAIASA - Referee
ContractorPublic
SOCCER
REFEREEFOUL
Warning
Go back and address non compliant issues
Out of the game
No opportunity to Go back and Repair
Department of Justice
Design and Installation
• If a client wants more safety features for the
installation than those prescribed in this part
of SANS 10142, such features have to be
included in the contract documentation.
• An electrical contractor is then contractually
bound to conform with these increased
requirements.
Design and Installation (Cont.)
• The provisions of SANS 10142-1 apply only to
the selection and application of electrical
equipment, appliances and accessories, which
are part of the fixed electrical installation.
• They do not apply to the construction and
safety of the equipment, appliances and
accessories;
• those aspects are dealt with in other standards.
Legal References
• Because SANS 10142-1 is continually
updated, problems can arise on which
version of the standard will be applicable
when a contract is signed.
• The date of approval of the latest
revision or amendment of SANS 10142-1
will be the implementation date of the
revision or the amendment
Legal References
• The applicable version of SANS 10142-1
is the one with the latest
implementation date before the contract
date.
• So contracts signed before the approval of
an amendment have to be carried out in
accordance with the provisions of the
unamended standard.
Legal ReferencesThe Occupational Health and Safety Act,
1993 (Act No. 85 of 1993) (OHS Act), which
is administered by the Chief Inspector of
Occupational Health and Safety of the
Department of Labour, therefore requires that
electrical installations comply with the
requirements of SANS 10142-1.
Legal References
It also requires that a registered person, as
defined (master installation electrician,
installation electrician or electrical tester for
single phase), will issue a Certificate of
Compliance together with a test report.
Verification and Certification
• SANS 10142-1 Clause 8.2.1 Design
• Section 5.1 of the test report provides
for the designer of the electrical
installation to verify that the design
complies with the requirements of this
part of SANS 10142.
Verification and Certification
• SANS 10142-1 Clause 8.1.3
Construction
• Section 5.3 of the test report provides for
the installer of the electrical installation to
verify that the installation was constructed
in accordance with the requirements of
this part of SANS 10142.
Verification and Certification
• SANS 10142-1 Clause 8.1.4
Inspection and tests
• Section 5.4 of the test report provides for the
person who carried out the inspection and
testing ( Registered Person) of the electrical
installation as given in Clause 8.7, if the
results are acceptable, to verify that the
installation complies with the requirements of
this part of SANS 10142.
Larger Complex Installations
• The Electrical Installation Regulations
2009 introduced new requirements for
compliance enforcement on larger
complex type electrical installations.
• This requirement came into force on the
01st APRIL 2010
EIR 5(6)
Where the intention is to supply five or
more users from a new point of supply, the
user shall appoint an approved inspection
authority for electrical installations or a person
deemed competent in terms of paragraph (b),
(c) or (d) of the definition of a competent
person in regulation 1 of the General
Machinery Regulations, 1988, …
EIR 5(6)
or a person registered in a professional
category in terms of the Engineering
Profession Act, 2000, who shall ensure the
compliance contemplated in sub-regulation (1)
from the commencement to the commissioning
of the electrical installation.
Cautionary Notes
• Many users are of the opinion that the
professionally registered designer
automatically takes responsibility for this
Section of the Regulations.
• These designers should ascertain clarity
at the time of the contract to ensure that
responsibility is correctly apportioned.
Installations exceeding 1kV
A final responsibility to take note of are
installations at a voltage above 1kV
contained within an installation below 1kV.
Installations exceeding 1kV
A person deemed competent in terms of
paragraphs (b), (c) or (d) of the definition of a
competent person in regulation 1 of the
General Machinery Regulations, 1988, or a
person registered in a professional category
in terms of the Engineering Profession Act,
2000, shall approve the design of that part of
an electrical installation
QUESTIONS…
THANK YOU !
Electrical Approved Inspection Authority Southern Africa