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