Regulation of Electrical Contractors with respect to ......electrical works to be carried out, tested and certified in compliance with the appropriate technical rules/standards.”

Regulation of Electrical Contractors with respect to Safety:

Consultation on the Proposed Definition for the Scope of Restricted Electrical Works

DOCUMENT TYPE:

Consultation Paper

REFERENCE:

CER/11/077

DATE PUBLISHED:

29th April 2011

CLOSING DATE:

27th May 2011

RESPONSES TO:

[email protected]

The Commission for Energy Regulation,

The Exchange, Belgard Square North, Tallaght, Dublin 24. www.cer.ie

mailto:[email protected]

http://www.cer.ie/

CER – Information Page

Under the Electricity Regulation Act 1999, as amended by the Energy (Miscellaneous Provisions) Act 2006 (the ―Act‖) the CER was designated with the statutory function to ―regulate the activities of electrical contractors with respect to safety‖. In order to fulfil its legal function, the CER published a Vision Document (CER/07/203), which sets out the CER‘s high-level approach to the regulation of electrical contractors with respect to safety. On the 28th April 2008, following consultation, the CER‘s decision paper on the Electrical Safety Supervisory Criteria Document was published (CER/08/071), which outlined the requirements to be placed on Registered Electrical Contractors (RECs) and any Safety Supervisory Body(s) (SSB) appointed. In October 2008, the CER appointed both the Register of Electrical Contractors of Ireland Ltd (RECI) and the Electrical Contractors Safety and Standards Association of Ireland Ltd (ECSSAI) as Safety Supervisory Bodies to operate the regulatory scheme on behalf of the CER. In January 2009, the CER, following a consultation process, published a decision document on the definition of Controlled Electrical Works (CER/09/009). Controlled Electrical Works are electrical works that legally require certification. Only a REC can certify Controlled Electrical Works. Furthermore, Section 9(E) of the Act provides that the CER may by regulations designate a class or classes of electrical works to be designated electrical works, also known as ―Restricted Electrical Works.‖ Restricted Electrical Works are those electrical installation works which may only be legally undertaken by a Registered Electrical Contractor (REC). Once Restricted Electrical Works are designated by the CER, and approved by the Houses of the Oireachtas, it will be illegal for any person other than a REC to carry out such works. In such instances, a person who is guilty of this offence will be liable: - On conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or to both, or

- On summary conviction, to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both. The CER now intends to define the scope of Restricted Electrical Works. The purpose of this consultation paper is to elicit industry and public comment on the CER‘s proposed options for definitions for Restricted Electrical Works, and the CER‘s analysis of the policy considerations with regard to Restricted Electrical Works. This consultation will be followed by a decision paper on the matter of Restricted Electrical Works, and this will be subsequently translated into regulations. It is envisaged that this will take place before the end of 2011.

Consultation Paper – Proposed Definition of the Scope of Restricted Electrical Works

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Target Audience: This consultation paper is aimed at individuals, companies and organisations operating within the electrical industry, and members of the general public. Related Documents:

Vision for the Regulation of Electrical Contractors with respect to safety (CER/07/203).

Criteria for the Regulation of Electrical Contractors (CER/08/071).

Definition for the Scope of Controlled Electrical Works (CER/09/009).

Responses to this consultation should be returned by email, post or fax and marked for the attention of David Egan at the CER. The Commission for Energy Regulation, The Exchange, Belgard Square North, Tallaght Dublin 24 Fax: 01 4000850 Email: [email protected] The CER intends to publish all submissions received. Respondents who do not wish part of their submission to be published should mark this area clearly and separately or enclose it in an Appendix, stating the rationale for not publishing this part of their comments.

http://www.cer.ie/en/electricity-safety-decision-documents.aspx?article=d0c33a07-2e5a-47b2-84f1-d4708d8d5e9e

http://www.cer.ie/en/electricity-safety-decision-documents.aspx?article=d0c33a07-2e5a-47b2-84f1-d4708d8d5e9e

http://www.cer.ie/en/electricity-safety-decision-documents.aspx?article=abaa9644-2a61-4374-940a-0b390d1a2964

http://www.cer.ie/en/electricity-safety-decision-documents.aspx?article=8599f8ee-1d62-4710-8fe0-7f7df9994e50



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Executive Summary

The 1999 Electricity Regulation Act, as amended by the Energy (Miscellaneous Provisions) Act 2006 (the ‗Act‘), gave the Commission for Energy Regulation (CER), the statutory function to regulate the activities of electrical contractors with respect to safety. In order to fulfil its legal function, the CER published a Vision Document (CER/07/203), which sets out the CER‘s high-level approach to the regulation of electrical contractors with respect to safety. The Regulatory Objective was stated as:

“To protect the safety interests of customers with respect to electrical installation activities through creating a suitable regulatory system, which provides for electrical works to be carried out, tested and certified in compliance with the appropriate technical rules/standards.”

On the 28th April 2008, the CER‗s decision on the Electrical Safety Supervisory Criteria Document was published following a consultation process (CER/07/071). In January 2009 the CER, following a consultation process, published a decision document on the definition of Controlled Electrical Works, (CER/09/009). The 1999 Act, as amended by the 2006 Act, also provides in section 9E that the CER; “having consulted with such persons as it considers appropriate, and with the consent of the Minister may by regulations designate a class or classes of electrical work to be designated electrical works.” Designated electrical works (hereafter called ―Restricted Electrical Works‖) can only be completed and certified by a Registered Electrical Contractor (REC). Once Restricted Electrical Works are defined it will be illegal for any person who is not a REC to undertake these classes of electrical work. In this consultation paper, the CER presents four options regarding the proposed definition of Restricted Electrical Works and will issue its decision following completion of this consultation process. The four options regarding the scope of the Restricted Electrical Works are as follows:

Option 1: A Broad Definition Approach;

Option 2: An Intermediate Definition Approach;

Option 3: A Defined Definition Approach (including work by Owner &

Occupier); &

Option 4: A Defined Definition Approach (excluding work by Owner &

Occupier).


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Option 1: Broad Definition Approach The Broad Definition Approach proposes that all works currently defined as Controlled Electrical Works be reclassified as Restricted Electrical Works. This definition includes the installation of Micro-generators, Special Installations, Periodic Inspections, work in Potentially Explosive Atmospheres, construction site electrical installations, exhibitions shows and stands, agricultural/horticultural installations, new connections at MV and HV, Public Lighting and associated cabling (with the exception of lighting that is operated by the DSO). Additionally, under the Broad Definition Approach, the following electrical work would not be considered as a Restricted Electrical Work:

Maintenance work on MV & HV installations;

Minor Electrical Works; &

Assembly of CE marked equipment, CE marked machines and pre-assembled CE marked machines/equipment.

Option 2: Intermediate Definition Approach The Intermediate Definition Approach proposes that all works currently defined as Controlled Electrical Works be reclassified as Restricted Electrical Works; with certain exceptions – outlined below. This definition includes the installation of Micro-generators, Special Installations, Periodic Inspections, work in Potentially Explosive Atmospheres, construction site electrical installations, exhibitions shows and stands, agricultural/horticultural installations, new connections at MV and HV, Public Lighting and associated cabling (with the exception of lighting that is operated by the DSO). However, where Controlled Electrical Works are carried out by an Owner and Occupier of a Domestic Property, there will be no criminal offence associated with the carrying out of that work. Controlled Electrical Works when completed by an Owner and Occupier of a Domestic Property will still require certification by a REC, as a third party inspection. However, the Owner and Occupier of a domestic property will be prohibited from carrying out electrical work on Micro-generators and Special Installations.

Under the Intermediate Definition Approach, the following electrical work would not be considered as a Restricted Electrical Work:

Controlled Electrical Works undertaken by the Owner and Occupier of a domestic property (excluding Micro-generators and Special Installations). The Controlled Electrical Works carried out by the Owner and Occupier of a domestic property will still require certification by a REC when completed;




Option 3: Defined Definition Approach (including work by Owner & Occupier)

The Defined Definition Approach (including work by Owner & Occupier) proposes that the application of Restricted Electrical Works be limited to:


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Installations in a Domestic Property (which includes new installations and significant additions or alterations);

Electrical installation of Micro-generators;

Specialist Installations (swimming pools, saunas, fountains, caravan parks & marinas); &

Carrying out of Periodic Inspections. Consequently, the following installations would remain as Controlled Electrical Works (and require Certification by a REC), and not be regarded as Restricted Electrical Works:

Installations in Potentially Explosive Atmospheres;

Work in a commercial or work place setting including MV and HV connection and installations;

Construction site electrical installations;

Electrical installation within exhibitions; shows and stands;

Agricultural and horticultural installations;

Public Lighting and associated cabling (with the exception of lighting that is operated by the DSO).

Additionally, under the Defined Definition Approach (including work by Owner & Occupier) both Minor Electrical Works and the assembly of CE marked equipment, CE marked machines and pre-assembled CE marked machines/equipment would not be regarded as a Restricted Electrical Work. Option 4: Defined Definition Approach (excluding work by Owner & Occupier)

Option 4 is the equivalent to the Defined Definition Approach (including work by Owner & Occupier), with the exception that, where Controlled Electrical Works are carried out by an Owner and Occupier of a Domestic Property, there will be no criminal offence associated with the carrying out of that work. Controlled Electrical Works when completed by an Owner and Occupier of a Domestic Property will still require certification by a REC, as a third party inspection. Additionally, the Owner and Occupier of a domestic property will be prohibited from carrying out electrical work on Micro-generators and Special Installations.


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Table of Contents

Executive Summary .............................................................................................. 4 Acronyms .............................................................................................................. 9 1.0 Introduction ................................................................................................... 10

1.1 The Commission for Energy Regulation .................................................... 10 1.2 Purpose of this paper ................................................................................. 10 1.3 Structure of this paper ............................................................................... 10 1.4 Responding to this paper ........................................................................... 11

2.0 Overview of the Current Electrical Safety Regulatory Framework ................ 12

2.1 Introduction ................................................................................................ 12

2.2 Background & Context to the Regulation of Electrical Works .................... 12 2.3 Legislative Basis for Controlled Electrical Works and Restricted Electrical Works .............................................................................................................. 13 2.4 Controlled Electrical Works ........................................................................ 15

2.4.1 Certification Process for Controlled Electrical Works........................... 16 2.4.2 Enforcement of Controlled Electrical Works ........................................ 16

2.5 Minor Electrical Works ............................................................................... 17 2.6 Next Step: Restricted Electrical Works ...................................................... 18

2.7 Summary ................................................................................................... 19 3.0 Existing Legislation Governing Electrical Safety in Ireland ........................... 20

3.1 Introduction ................................................................................................ 20

3.2 Safety, Health and Welfare at Work Act 2005 ........................................... 20

3.3 Safety, Health & Welfare at Work (Construction) Reg 2006 ...................... 21 3.4 Safety, Health & Welfare at Work (General Application) Reg 2007 ........... 22 3.5 Additional Regulations ............................................................................... 23

3.6 Summary .................................................................................................. 23 4.0 Proposed Definitions for the Scope of Restricted Electrical Works ............... 24

4.1 Introduction: ............................................................................................... 24 4.1 Option 1: Broad Definition Approach ......................................................... 24 4.2 Option 2: An Intermediate Definition Approach .......................................... 25

4.3 Option 3: Defined Definition Approach (including work by Owner & Occupier): ........................................................................................................ 27

4.3.1 Electrical Installations in Domestic Premises ...................................... 28

4.3.2 Micro-generators ................................................................................ 28 4.3.3 Special Installations ............................................................................. 29 4.3.4 Periodic Inspections ............................................................................ 29

4.4 Electrical Work outside the Scope of Restricted Electrical Works under a Defined Definition Approach (Option 3) ........................................................... 29

4.4.1 Electrical Installations in Commercial or Work Place Setting ............... 30 4.4.2 Electrical Installations in Potentially Explosive Atmospheres .............. 30 4.4.3 Construction Site Electrical Installations. ............................................. 30 4.4.4 Agricultural Installations/Horticultural Installations. .............................. 31

4.4.5 New Connections and Maintenance at Medium Voltage and High Voltage ......................................................................................................... 31

4.4.6 Exhibitions, Shows and Stands ........................................................... 32 4.4.7 Minor Electrical Works ......................................................................... 32


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4.4.8 CE Marked Equipment, Products and Pre-assembled Machines/Equipment. ................................................................................... 33 4.4.9 Public Lighting ..................................................................................... 33

4.5 Option 4: Defined Definition Approach (excluding work by Owner & Occupier): ........................................................................................................ 33 4.6 Summary ................................................................................................... 34

5.0 Next Steps .................................................................................................... 37 Appendix 1 – List of Substantive Questions ........................................................ 38

Appendix 2: Regulation of Electrical Works: An International Perspective .......... 39 2.1 Ontario, Canada ............................................................................................ 39 2.2 Australia & New Zealand .............................................................................. 41

2.2.1 Western Australia ................................................................................... 41 2.2.2 New Zealand........................................................................................... 42

2.3 United Kingdom ............................................................................................ 47 2.4 Summary....................................................................................................... 48

Appendix 3: Overview of Electrical Network in Ireland ........................................ 49

3.0 Overview ....................................................................................................... 49 3.1 Transmission System ................................................................................ 49 3.2 Distribution System .................................................................................... 49

3.3 Customer Connections .............................................................................. 51 3.4 DSO & Consumer Interface ....................................................................... 51

3.5 Electricity Supply within a Premises .......................................................... 52


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Acronyms ATEX: ATmospheres EXplosibles (i.e. Explosive Atmospheres). CER: Commission for Energy Regulation. CENELEC: European Committee for Electrotechnical Standardisation. CHP: Combined Heat and Power. DSO: Distribution System Operator. ECSSAI: Electrical Contractors Safety & Standards Association (Ireland). ETCI: Electro-Technical Council of Ireland Limited (ETCI). HSA: Health and Safety Authority. HV: High Voltage. LV: Low Voltage. MCB: Miniature Circuit Breaker. MV: Medium Voltage. NIAUR: Northern Ireland Authority for Utility Regulation. REC: Registered Electrical Contractor. RECI: Register of Electrical Contractors of Ireland. S.I.: Statutory Instrument. SSB: Safety Supervisory Body. TSO: Transmission System Operator


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1.0 Introduction

1.1 The Commission for Energy Regulation

The Commission for Energy Regulation (the ‗CER‘) is the independent body responsible

for overseeing the regulation of Ireland's electricity and gas sectors. The CER was

initially established and granted regulatory powers over the electricity market under the

Electricity Regulation Act, 1999. The enactment of the Gas (Interim) (Regulation) Act,

2002 expanded the CER‘s jurisdiction to include regulation of the natural gas market,

while the Energy (Miscellaneous Provisions) Act 2006, granted the CER additional

powers in relation to gas and electricity safety. The Electricity Regulation Amendment

(SEM) Act 2007 outlined the CER‘s functions in relation to the Single Electricity Market

(SEM) for the island of Ireland. This market is regulated by the CER and the Northern

Ireland Authority for Utility Regulation (NIAUR). Most recently the CER‘s remit has been

extended, by Petroleum (Exploration and Extraction) Safety Act, 2010, to include the

safety regulation of upstream petroleum activities. The Commission‘s safety remit is

expected to be further extended to include the safety regulation of LPG distribution

networks, LPG appliance-related incident reporting in a domestic setting and the

promotion of LPG safety by the CER with the enactment of the Energy (Miscellaneous

Provisions) Bill, 2010. The CER is working to ensure that consumers benefit from

regulation and the introduction of competition in the energy sector.

1.2 Purpose of this paper

The purpose of this paper is to seek the views of the general public and industry stakeholders with regard to the CER‘s proposed definitions for the scope of Restricted Electrical Works. In order to make an informed and impartial decision on this topic, the CER wishes to obtain comments from members of the public, the energy industry, customers and all interested parties. The CER commits to considering all views equally and affording each respondent the opportunity to clarify any issue raised in this paper.

1.3 Structure of this paper

This paper is structured as follows: Section 2: Provides background information regarding the CER‘s role with respect to the regulation of electrical contractors, and the development of Controlled Electrical Works and Restricted Electrical Works. Section 3: Provides an overview of the relevant legislation governing electrical safety in Ireland. Section 4: Outlines the CER‘s proposals with regard to the definition of the scope of Restricted Electrical Works. Section 5: Outlines the CER‘s next steps.


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Appendix 1: Provides a list of questions that the CER requests participants to consider when responding to this consultation paper. Appendix 2: Provides an overview of international best practice regarding the restriction of electrical works in other jurisdictions. Appendix 3: Provides an overview of the Irish electrical network.

1.4 Responding to this paper

Comments should be sent to David Egan ([email protected]) no later than Friday, the 20th of May 2011. Comments in electronic format are preferable, however, comments may also be posted to the CER at the following address: David Egan, Commission for Energy Regulation, The Exchange, Belgard Square North, Tallaght, Dublin 24.



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2.0 Overview of the Current Electrical Safety Regulatory Framework

2.1 Introduction

The objective of this section is to provide an overview of the electrical safety regulatory framework in Ireland. Specifically, this section identifies the steps taken by the CER in fulfilling its regulatory functions under the Electricity Regulation Act, 1999, as amended by the 2006 Energy (Miscellaneous Provisions) Act. Additionally, this section outlines the concept of Regulated Electrical Works, and the process undertaken by the CER in order to arrive at a definition for Controlled Electrical Works. Finally, this section examines the rationale behind the development of Restricted Electrical Works, whilst also identifying electrical works that are outside the scope of regulatory scheme (i.e. Minor Electrical Works).

2.2 Background & Context to the Regulation of Electrical Works

Pursuant to the implementation of the Energy (Miscellaneous Provisions) Act in 2006, the CER was given the statutory authority to regulate the activities of electrical contractors with respect to safety. In order to fulfil its regulatory obligations, the CER undertook to design and develop a regulatory framework that would ensure that defined electrical installations are carried out by competent electrical contractors to the required Technical Standards.1 Consequently, in November 2007, the CER published a Vision Document, which provided a blueprint for the creation of the regulatory model for electrical safety. Subsequent to the publication of the Vision Document, the CER published the 2008 Criteria Document (CER/08/071), which detailed the rules and obligations for participants operating within the electrical safety regulatory framework. Additionally, in October 2008 the CER designated the Register of Electrical Contractors of Ireland Ltd (RECI) and the Electrical Contractors Safety and Standards Association IreIand Ltd (ECSSAI), as the electrical Safety Supervisory Bodies (SSBs), with the responsibility for regulating the activities of electrical contractors on a day to day basis.2 With reference to the SSBs‘ core activities, both electrical SSBs are required to comply with the requirements as stated within the Criteria Document,3 which include, but are not limited to the following:

(i) Receipt, processing and evaluation of Applications for Registration;

1 Technical Standards as defined in the Criteria Document as being ―the ETCI National Wiring Rules,

including any current edition of ET101 National Rules for Electrical Installations, ET105 National Rules for Electrical Installations in Potentially Explosive Atmospheres and other applicable standards currently in force for the electrical works being undertaken, and any other technical rules or standards as may otherwise be specified by the CER in consultation with the ETCI and any such other parties as may be determined by the CER‖. 2 The creation of a regulatory framework and the appointment of two SSBs in December 2008, replaced the

voluntary, self-regulatory system (operated by both RECI Ltd & ECSSA Ltd). 3 CER/08/071 ‗Commission Decision on Electrical Safety Supervisory Criteria Document‘


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(ii) Registration of electrical contractors and publication of a Register of Electrical Contractors;

(iii) Monitoring, Inspection and Audit of electrical contractors registered with the Body;

(iv) Investigation of complaints received and the disciplining of electrical contractors registered with the Body;

(v) Inspection of works of Third Parties; (vi) Management of the distribution, sale, recording, control and the validation

of Certificates; (vii) Public and industry awareness activities; (viii) Interaction and co-ordination of activities with other Bodies and such other

agencies, bodies, committees and Government Departments, as the Commission may direct from time to time;

(ix) Maintaining records of, and reporting on, the activities of the Body; (x) The operation, and use, of the Brand in accordance with the requirements

specified by the Commission. Additionally, with respect to the registration of RECs4 by the SSBs, each REC is required to demonstrate that they, or an employee who certifies electrical work:

have served a recognised apprenticeship as an electrician, which resulted in the awarding of a National Craft Certificate; or another suitable electrical award, equivalent to Level 6 or higher on the National Framework of Qualifications; &

have in place and maintain insurance cover as may be specified by the SSB/CER.

is required to satisfy the basic requirement of having successfully completed a recognised course in ―Testing, Verification and Certification‖ in the previous 3 years.

2.3 Legislative Basis for Controlled Electrical Works and Restricted Electrical Works

Fundamental to the development of the regulatory system for electrical safety is the scope of those electrical works that are to be regulated from a safety perspective, as this will determine the obligations to be placed on any parties carrying out such works. Specifically, the 2006 Act introduced the concept of Specified Works (hereafter referred to as ―Controlled Electrical Works‖) and Designated Electrical Works (hereafter referred to as ―Restricted Electrical Works‖), into the 1999 Act, which provided the CER with the basis for defining what electrical works would be considered for the purposes of the new regulatory system for RECs.5

4 The term Registered Electrical Contractor (REC) refers to an electrical contracting entity. This

may be either an individual sole trader operating as the electrical contractor or may be a larger operation, constituting many individuals (e.g. general operatives, engineers and electricians). 5 In order to facilitate the introduction of Regulated Electrical Works and to distinguish between

the two classes of works, the CER‘s 2007 Vision Document stated that Specified Works shall be


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Controlled Electrical Works refer to electrical work that must legally be certified by a REC. Under Sections 9D (13) and (14) of the 1999 Act (as amended by the 2006 Act), the legislation permits the certification of Controlled Electrical Works under the following circumstances:

i. electrical works undertaken by a REC that are self-certified through the issuance of a Certificate; &

ii. electrical works undertaken by a Non-REC that are examined and certified by an Inspector of an SSB.6

In contrast, the 1999 Act (as amended by the 2006 Act) states with respect to Restricted Electrical Works (referred to within the Act as designated electrical works) the following: Section 9E. -

(1) The Commission having consulted with such persons as it considers appropriate, and with the consent of the Minister, may by regulations designate a class or classes of electrical works to be designated electrical works.

Section 9E. –

(3) A person shall not carry out electrical works which are designated electrical works unless that person is a registered electrical contractor.

(a) A person who contravenes subsection (3) is guilty of an offence and

liable- on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding €15,000 or a term of

imprisonment not exceeding 3 years or both. Within the 2007 Vision Document, the CER confirmed that it would adopt a two phase approach towards the implementation of Regulated Electrical Works by:

1. specifying the scope of Controlled Electrical Works at the outset of the new regulatory system; &

2. subsequently specifying and introducing Restricted Electrical Works after an initial period of operation of the new regulatory system for electrical safety.7

referred to as Controlled Electrical Works, whilst Designated Electrical Works shall be referred to as Restricted Electrical Works. 6 The procedures for regulating Electrical Installations undertaken by a Non-REC, which are

subsequently certified by an Inspector within an SSB, are detailed in the Third Party Inspection Common Procedure (CER/09/108).


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2.4 Controlled Electrical Works

In order to facilitate the introduction of Controlled Electrical Works, the CER published a decision paper (CER/09/009), which outlined the scope of Controlled Electrical Works. Controlled Electrical Works are defined as major electrical installation works at Low Voltage Installations8 (including additions, alterations and/or extensions), which are covered by the Technical Rules and require the issuance of a Certificate. Specifically, the decision paper stated that major electrical installation works (including additions, alterations and/or extensions), which are covered by the National Wiring Rules, and involve the following are considered Controlled Electrical Works:

i. the installation, commissioning, inspection, and testing of a new fixed electrical

installation requiring connection or reconnection to the electricity network;

ii. the installation or replacement of a Distribution Board or Consumer Unit, or new installation in special locations as defined in Part 7 of the National Wiring Rules ET101 and ET105;

iii. the installation or replacement of one or more extra circuits in an existing

installation, including the installation of one or more additional protective devices for such circuits on a distribution board;

iv. Subsystems installed in Commercial, Industrial, and Domestic installations where

the installation falls within the remit of the National Wiring Rules;

v. the inspection, testing and certification of existing electrical installations in accordance with Chapter 62 of the Wiring Rules (ET 101 –Fourth Edition-2008 and to conform with Regulation 89 of SI No 732 of 2007).

In arriving at a definition for Controlled Electrical Works, the CER employed a risk-based approach to assess the safety risks associated with each class of electrical works. Specifically, the scope of Controlled Electrical Works was determined by an analysis of the options of managing the specific safety risk posed by the various types of electrical work, the practicalities of enforcing the system and the need to counter against over-regulation for limited benefit. While the primary focus of the Controlled Electrical Works decision paper is low voltage installations, it should be noted that the definition of new connections is such that it includes new connections at MV and HV, and therefore require certification by a REC.9 It should also be noted that electrical systems in Potentially Explosive Atmospheres, and Public Lighting and associated cabling (with the exception of lighting that is operated by

7 The rationale for the deferred introduction of Restricted Electrical Works until after an initial period of

operation was to provide industry participants the opportunity to understand the new regulatory system and the associated requirements imposed through the Criteria Document.

8 The rationale for the focus on Low Voltage works is that it presents the highest risk to public safety.

9 The issues surrounding MV Installations and electrical systems in Potentially Explosive Atmospheres is

discussed in further detail in Section Four, regarding a proposed definition for Restricted Electrical Works.


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the DSO) are within the scope of Controlled Electrical Works as these are the subject of ET105 and ET101.

2.4.1 Certification Process for Controlled Electrical Works

In order to ensure that Controlled Electrical Works are carried out in line with the relevant technical rules and standards the CER has implemented, via the SSBs, a Certification Process (Common Procedure No. 1: Certification (CER/09/107)), which is used to record and test the safety of an electrical installation by the REC. Certificates for Controlled Electrical Works can only be accessed for use by RECs, who are registered with either of the SSBs. The purpose of the Certification process, and the issuance of the Certificate, is to provide assurance to the customer that the installation has been carried out and tested in line with the relevant Technical Rules and standards (i.e. the REC confirms that the installation is in compliance with the relevant Technical Rules by signing the Certificate, and then provides a copy to the customer and the SSB). Furthermore, the issuance of a Certificate by a REC to the SSB also provides an audit trail for the SSBs should a problem arise with the electrical installation. For all new installations that require connection to the electricity network, a copy of the Certificate is submitted by the REC to their respective SSB for processing and evaluation. Once approved by the SSB, the relevant details on the Certificate are then submitted to the Distribution System Operator (DSO i.e. ESB Networks). The DSO, on foot of receipt of the specific details taken from the Certificate, will make supply available to the customer.

2.4.2 Enforcement of Controlled Electrical Works

The 1999 Act (as amended by the 2006 Act) does not make it an offence for an unregistered party to carry out Controlled Electrical Works. However, under the 1999 Act (as amended by the 2006 Act) any unregistered person who certifies such electrical work could be committing an offence, if they are holding themselves out to be a REC. Section 9D States:

(25) A person shall not describe himself or herself as a registered electrical contractor or in a manner likely to suggest that such a person is for the time being a member of a designated body. (26) A person who contravenes subsection (4), (24) or (25) is guilty of an offence and liable –

(a) on summary conviction to a fine not exceeding €5,000 or a term of

imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or both.

Currently, the main incentive for the customer to engage the services of a REC is where the electrical installation requires a new connection to the electricity network. The Distribution System Operator (DSO) will not make supply available to a customer without


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first receiving confirmation from the REC‘s respective SSB that the installation has been certified by a REC. The DSO requires this Certificate in order to satisfy itself that the installation is safe before they make supply available. Therefore, this control mechanism for new connections reduces the safety risk to the customer, as it is a mandatory requirement in the case of all new connections that a Certificate is issued, thereby requiring the involvement of a REC. However, outside of new connections to the network, there is a significant amount of electrical work that comes under the definition of Controlled Electrical Works. In fact, new connections have dropped significantly over the past number of years, primarily due to the decline of new builds. The decline in new connections to the network has had a direct impact on the sale of Completion Certificates, which has also declined significantly over the past two years. Figures show that in 2008, there were 62,000 new connections to the network compared to 21,000 in 2010. New connections to the network now make up a smaller percentage of the overall amount of electrical work that is being carried out for consumers. Although all Controlled Electrical Work legally require certification, without the requisite legal powers and in the absence of any control mechanism, such as the one used by the DSO for new connections, it is difficult to enforce the certification process. It is reasonable therefore to assume that there is a significant amount of Controlled Electrical work outside of new connections that is being carried out by potentially non competent parties. The lack of enforcement in relation to Controlled Electrical Works is creating a situation where non competent parties can potentially circumvent the currently regulatory system and therefore undermine the certification process for Controlled Electrical Works, which was developed to provide consumer protection with respect to electrical safety. The CER notes that this may pose a potential safety risk to the general public. Electrical installations which are not installed correctly present immediate and possibly life threatening risks to the users and people in the vicinity of the installation. In addition to the immediate risks the nature of electrical installations is such the faults may not present themselves until the system is stressed or changed. Thus a faulty installation such as incorrect cable size, oversized protection, inadequate earthing or poor connection which may not be apparent to the user and may allow the system to operate normally but presents a risk of fire or electrocution on a continuous basis. The greatest risk of faulty installations is where there are untrained (non competent) personnel associated with the installation.

2.5 Minor Electrical Works

Minor Electrical Works are currently outside the scope of Controlled Electrical Works and also, when defined, outside the scope of Restricted Electrical Works. Therefore Minor Electrical Works can be undertaken by Non-RECs, and do not legally require the issuance of a Certificate. Examples of Minor Electrical Works include the following:

Replacement of an electrical accessory such as light switch;

Replacement or relocation of light fitting where the existing circuit is retained; &


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Provision of an additional socket to an existing circuit. To summarise, the current regulatory framework for electrical safety involves the certification of Controlled Electrical Works (compulsory) and Minor Electrical Works (not compulsory), as illustrated in Figure 2.5.1.10 Under the current regulatory regime, Controlled Electrical Works can be certified by either a REC or through a Third Party Inspection, while Minor Electrical Works can be completed by either a REC or by a suitably trained person or competent person, and do not legally require the issuance of Certificate. Fig 2.5.1 Current Electrical Safety Regulatory Framework

2.6 Next Step: Restricted Electrical Works

Section 9E of the 1999 Act, (as amended by section 4 of the 2006 Energy (Miscellaneous Provisions) Act), states that the CER may by regulations designate a class or classes of electrical works to be designated electrical works. Given the potential safety risk posed by unregistered individuals carrying out Controlled Electrical Works, which do not require connection by the DSO and therefore can circumvent the need for a Third Party Inspection, the CER deems it appropriate to introduce Restricted Electrical Works. As stated in Section 2.4.2, this would enable the CER to prosecute unregistered individuals carrying out Restricted Electrical Works, thus reducing potential electrical safety risks to the general public. With reference to the development of Restricted Electrical Works (discussed in detail in Section Four), the 1999 Act, (as amended by the 2006 Act), requires that the CER

10

Within the current regulatory environment, maintenance work on MV and HV installations, and the

assembly of CE marked equipment , CE marked machines and pre-assembled CE marked machines/equipment are not considered Controlled and do not require a certificate.


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submit draft regulations to the Minister for the Department of Communication, Energy and Natural Resources (i.e. following the publication of a decision paper by the CER), which shall be laid before each House of the Oireachtas by the Minister for final approval. Consequently, the focus of this consultation is to assist the CER in defining the scope for Restricted Electrical Works. Once Restricted Electrical Works are designated by the CER and approved by the Houses of the Oireachtas, Section 9E of the 1999 Act, ( as emended by the 2006 Act), makes it illegal for any person other than a REC to carry out such works. In such instances, a person who is guilty of this offence will be liable:

On summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or

On conviction on indictment to a fine not exceeding 15,000 or a term of imprisonment not exceeding 3 years or to both.

2.7 Summary

Section 2 has provided an overview of the CER‘s current regulatory function with regards to electrical safety, as set out under the 1999 Act (as amended by the 2006 Act). Additionally, this section has highlighted the initiatives undertaken by the CER to develop a regulatory framework for electrical safety, in conjunction with a synopsis of the steps taken by the CER to define Controlled Electrical Works and ultimately moving towards a definition of Restricted Electrical Works. The subsequent section will examine further relevant legislation governing electrical safety in Ireland, thus providing a context in which the proposed definition of Restricted Electrical Works can be considered.


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3.0 Existing Legislation Governing Electrical Safety in Ireland

3.1 Introduction

Whilst the 1999 Act (as amended by the Energy (Miscellaneous Provisions) Act, 2006), provides the legal basis for the establishment of Controlled and Restricted Electrical Works, additional legislation governing electrical installations exists in Ireland should also be examined, in the context of defining Restricted Electrical Works. The legislation includes:

Safety, Health and Welfare at Work Act 2005 (Primary Legislation); S.I. 504: Safety, Health and Welfare at Work (Construction) Regulations 2006; & S.I. 299: Safety, Health and Welfare at Work (General Application) Regulations

2007; & S.I. 534: The Housing (Standards for Rented Houses) Regulations 2008.

Consequently, the objective of this section is to provide a précis of the above legislation, and to identify the relevant bodies responsible for its associated enforcement.

3.2 Safety, Health and Welfare at Work Act 2005

The Safety, Health and Welfare at Work Act, 2005, (the ―2005 Act‖) and associated regulations, establish the main provisions for securing and improving the safety, health and welfare of people at work. The 2005 Act replaced the Safety, Health, and Welfare at Work Act, 1989, and is enforced by the Health and Safety Authority (HSA). The 2005 Act sets out:

requirements for the control of safety and health at work;

management, organisation and systems of work necessary to achieve those goals;

responsibilities and roles of employers, the self-employed, employees and others; &

enforcement procedures needed to ensure that the goals are met. The 2005 Act places duties on employers and employees with regard to safety in the workplace, and is the primary legislation covering safety in the workplace. The broad nature of the 2005 Act is such that the duties imposed include safety of electrical equipment and installations. Under the 2005 Act, places of work are defined as including any, or any part of any, place (whether or not within or forming part of a building or structure), land or other location at, in, upon or near which, work is carried on whether occasionally or otherwise. The roles and responsibilities of the HSA are also specified under the 2005 Act. The HSA is the national statutory body with responsibility for enforcing occupational safety and health law, promoting and encouraging accident prevention, and providing information and advice to all companies, organisations and individuals.


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The HSA investigative powers include the authority to enter any place, which it has reasonable grounds for believing that it is used as a place of work or to which the relevant statutory provisions apply, and examine and inspect that place and any work activity or installation. However, a HSA inspector may not enter a dwelling without the consent of the occupier, or in accordance with a warrant from a District Court. A person guilty of an offence, which consists of contravening any of the relevant statutory provisions, is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both, or on conviction on indictment to a fine not exceeding €3,000,000 or imprisonment for a term not exceeding 2 years or both.

3.3 Safety, Health & Welfare at Work (Construction) Reg 2006

The 2006 Safety, Health and Welfare at Work (Construction) Regulations, (the ―2006 Regulations‖), are enforced by the HSA. The objective of the 2006 Regulations is to prescribe the main requirements for the protection of the safety, health and welfare of persons working on construction sites.11 The 2006 Regulations require that the contractor ensure that:

The electricity distribution installations are designed, constructed and used so as not to present a fire or explosion hazard;

That persons at work are adequately protected against the risk of electrocution caused by direct or indirect contact;

The design, construction and choice of equipment and protection devices take account of the type and power of the energy distributed, external conditions and the competence of persons with access to parts of the installation; &

On-site outdoor energy distribution installations are regularly checked and maintained.

The definition of construction work within the regulations is broad and includes the carrying out of any building, civil engineering or engineering work. Furthermore, the definition of construction works includes (but is not limited to) doing one or more of the following:

Construction, Alteration , Conversion and fitting out of a structure; Commissioning of a structure; Renovation, Repair or Upkeep of a structure; Redecoration or other maintenance of a structure (including cleaning which

involves the use of water or an abrasive at high pressure or the use of substances or preparations classified as corrosive or toxic);

De-commissioning, Demolition or Dismantling of a structure; & The preparation for an intended structure, including (but not limited to) site

clearance, exploration, investigation (but not site survey) and excavation, and the laying or installing of the foundations of an intended structure.

11

The 2006 Safety, Health and Welfare at Work (Construction) Regulations are enforced by the HSA, and are therefore outside the remit of the CER.


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3.4 Safety, Health & Welfare at Work (General Application) Reg 2007

The Safety, Health and Welfare at Work (General Application) Regulations, 2007, (the ―2007 Regulations‖), came into effect in November 2007 and is enforced by the HSA. The 2007 Regulations govern workers, employers and workplaces, and therefore would not be considered to apply to work carried out by a home owner / occupier in a domestic environment, which is not defined as a place of work. However, it should be noted that a domestic environment becomes a place of work and possibly a construction site, when works are undertaken by a worker or self employed person. The 2007 Regulations consist of eight sections, which are as follows:

Part 1 of the regulations covers standard Interpretation and general provision ; Part 2 relates to the workplace and the use of Work Equipment; Part 3 of the Regulations covers electricity; Part 4 relates to Work at Height; Part 5 relates to control of noise and vibration at work; Part 6 of the Regulations relates to Sensitive Risk Groups; Part 7 of the Regulations relates to Supplementary Protection Measures and

Accident Response; & Part 8 and schedule 10 of the Regulations relate to Explosive Atmospheres at

Places of Work. Of specific interest for electrical installations are Part 3 and Part 8 of the Safety, Health and Welfare at Work (General Application) Regulations 2007. Part 3 of the 2007 Regulations relating to electricity sets out a range of requirements including suitability of electrical equipment and installations, adverse or hazardous environments, identification and marking, protection against electric shock, portable equipment, connections and cables, overcurrent protection, auxiliary equipment and battery supply, switching and isolation for work on equipment made dead, precautions for work on electrical equipment, working space, access and lighting, competent persons, testing and inspection, earth leakage protection for higher voltage, switch rooms, fencing of outdoor equipment and overhead lines and underground cables. Part 8 and Schedule 10 are of specific interest to regulation of electricity in the workplace in that they relate to Explosive Atmospheres and set out various requirements including assessment of explosion risk, classification of places where explosive atmospheres may occur, prevention against explosion, safety of plant, equipment and protective systems, training, instructions, permits to work, protection of employees from explosion and coordination at workplaces. These provisions of the Regulations transpose Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres. The regulations define ―explosive atmosphere‖ as ―a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture‖.


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Employers are required to classify places at the workplace where explosive atmospheres may occur into hazardous or non-hazardous places. They must classify those places classified as hazardous into zones and apply the specified preventive measures. These measures include the selection of equipment and protective systems according to the categories set out in Part 8 and Schedule 10 to the Regulations. Such equipment and protective systems are defined in European Communities (Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres) Regulations 1999 (S.I. No. 83 of 1999).

3.5 Additional Regulations12

Due to the potential deterioration and malfunction of electrical installations, regulations regarding the continuous assessment and maintenance of electrical installations in Ireland have been introduced. Specifically, the inspection and maintenance of electrical installations is referred to the within the following Statutory Instruments:

Regulation 89(b) of SI 299 of 2007 and as amended by SI 732 0f 2007 applies to the workplace and is enforced by the HSA. Specifically, the regulation requires that employers ensure that existing electrical installations within the workplace be tested by a competent person (periodically);

Regulation 13 of SI 534 (i.e. the 2008 Housing Standards for Rented Houses Regulation) requires that installations in the house for the supply of electricity and gas shall be maintained in good repair. The application of regulation SI 534 resides within the Department for the Environment, Heritage and Local Government. With respect to enforcement, local authority inspectors inspect rental properties for the purpose of ensuring they comply with the regulations and where a property does not comply, can engage a series of sanctions against a landlord up to and including prosecution in the District Court.

3.6 Summary

This section has provided an overview of current electrical safety legislation in Ireland. With reference to electrical safety, both the CER and the HSA are the primary bodies with responsibility for regulation and enforcement. Essentially, the HSA is responsible for regulating the relationship between employers and employees regarding safety, health and welfare at work. In contrast, the CER is focused on safety of installations and protecting the safety interests of customers (primarily in a domestic setting).

12

This is not intended to be an exhaustive list of all legislation associated with electrical installations.


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4.0 Proposed Definitions for the Scope of Restricted Electrical Works

4.1 Introduction:

In order to incorporate Restricted Electrical Works into the electrical safety regulatory framework, as required under the 1999 Act, (as amended by the 2006 Act), the CER has identified four possible options in defining Restricted Electrical Works, namely:

Option 1: A Broad Definition Approach;

Option 2: An Intermediate Definition Approach;

Option 3: A Defined Definition Approach (including work by Owner & Occupier);&

Option 4: A Defined Definition Approach (excluding work by Owner & Occupier).

These concepts are discussed in greater detail in the subsequent sections 4.1 - 4.5 in order to present the CER‘s proposed options for the definition of Restricted Electrical Works. It should be noted that all of the options as outlined have advantages and disadvantages in the application of their scope. Consideration as regards the scope of Restricted Electrical Works, as outlined in the various options, needs to be balanced against a number of considerations, namely:

the safety risks associated with the carrying out of such work by unregistered parties (i.e. is it proportionate to restrict the electrical work in all areas to achieve the desired safety outcomes),

is enforceability of Restricted Electrical Works achievable in all or some areas? Is there adequate regulation already in existence thereby obviating the need for

additional regulation in this area? Is the regulation transparent and consistent? Can it be easily understood and

communicated by those who are affected by the regulation? For example, enforceability could be an issue in the Broad Definition and the Defined Definition Approach (including Owner & Occupier) as the Owners and Occupiers‘ of domestic properties would be prohibited from carrying out electrical work in their homes. The traceability of such work and the enforcement of same would be extremely onerous on the basis the Owner and Occupier will not incriminate themselves with regards to the carrying out of such work. However, it could be argued that the difficulties with enforcement in this scenario should not be allowed to prevent the regulation of such work taking effect as the desired safety outcomes outweigh the difficulties faced vis-a-vis enforcement.

4.1 Option 1: Broad Definition Approach

A Broad Definition approach involves defining all electrical installations (excluding Minor Electrical Works) as Restricted Electrical Works in commercial or domestic setting, thus preventing the completion and certification of Controlled Electrical Works/Restricted Electrical Works by any party other than a REC, as illustrated in Figure 4.1.


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Figure 4.1: Option 1: Broad Definition Approach

For clarity, this Broad Definition Approach includes the installation of Micro-generators, Special Installations, Periodic Inspections, work in Potentially Explosive Atmospheres, Construction Site Electrical Installations, Exhibitions Shows and Stands, Agricultural/Horticultural Installations, new connections at Medium and High Voltage installations and Public Lighting and Associated Cabling (with the exception of lighting that is operated by the DSO).13

However, the Broad Definition Approach does not include Minor Electrical Works, maintenance work on MV and HV installations, the assembly of CE marked equipment, machines and pre-assembled machines/equipment, and public lighting and associated cabling operated by the DSO.

4.2 Option 2: An Intermediate Definition Approach

An Intermediate Definition Approach (as illustrated in Figure 4.2) involves defining all Controlled Electrical Works as Restricted Electrical Works, while excluding those Controlled Electrical Works, which are carried out by the Owner and Occupier of a domestic property. To clarify, Controlled Electrical Works carried out by an Owner & Occupier of a domestic property will still require certification by a REC, as a third party inspection.

13

See section 4.3-4.4 for further information on each of these installation types.


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Figure 4.2: Option 2: Intermediate Definition Approach

However, it should be noted that included in this proposed Intermediate Definition Approach for Restricted Electrical Works is installation work carried out by commercial organisations within their own premises by their own personnel. For example, an additional circuit added within a factory by a maintenance electrician would be considered Restricted Electrical Works. (It should be noted that these works are currently classified as Controlled Electrical Works and require certification by a REC, unless the organisation is a REC the testing, inspection, installation certification would have to be carried out by a party who is registered.)

For clarity, the Intermediate Definition Approach includes the installation of Micro-generators, Special Installations, Periodic Inspections, work in Potentially Explosive Atmospheres, Construction Site Electrical Installations, Exhibitions Shows and Stands, Agricultural/Horticultural Installations, new connections at Medium and High Voltage, Public Lighting and associated cabling (with the exception of lighting that is operated by the DSO) (See section 4.3 – 4.4). However, an exception is made for the Owner and Occupier of a domestic property, who choose to carry out Controlled Electrical Works in their own (domestic) property. Additionally, the Intermediate Definition Approach does not include Minor Electrical Works, maintenance work on MV and HV installations, the assembly of CE marked equipment, machines and pre-assembled machines/equipment, and public lighting and associated cabling operated by the DSO.


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4.3 Option 3: Defined Definition Approach (including work by Owner & Occupier):

A Defined Definition Approach (including work by Owner & Occupier) involves specifying a range of electrical installation works, which can only be undertaken by a REC, as illustrated in Figure 4.3. The definition would be a sub-set of Controlled Electrical Works and would be targeted so as to define only areas:

where specific skills of a REC is required; where there is a lack of enforcement in place; and where it is perceived that there is a genuine risk to public safety.

The proposed Defined Definition Approach (including work by Owner & Occupier) involves classifying the following as Restricted Electrical Works:

i. Domestic Installations (New installations and significant additions or alterations in a domestic setting only);

ii. Electrical installation of Micro-generators; iii. Electrical installation in Specialist locations; & iv. Carrying out of Periodic Inspections.

Figure 4.3: Option 3: Defined Definition Approach (including work by Owner & Occupier)

To clarify, the Defined Definition Approach (including work by Owner & Occupier essentially captures electrical works in a domestic setting only. Consequently, under a Defined Definition Approach (including work by Owner & Occupier), non registered competent parties will still be able to carry out electrical work on Subsystem Installations, new connections at MV and HV level, construction sites, agricultural & horticulture installations in Potentially Explosive Atmospheres, Public Lighting and associated cabling which are subject to HSA requirements. However, these works will still be

CONTROLLED WORKS

RESTRICTED WORKS

Domestic Installations

(New installations or

significant alterations),

Micro-generators,

Special locations,

Periodic Inspections.

Work in a commercial or workplace setting

including MV & HV

Potentially Explosive Atmospheres,

Construction Site Electrical ,

Agriculture & Horticulture

New Connections at MV & HV

Public Lighting & Associated Cabling by Non-DSO

Exhibitions & Shows

EXCLUSIONS

Minor Work

Maintenance work on MV and HV

installations

Assembly of CE marked equipment, machines , and pre-

assembled machines/equipment

Excludes Public Lighting and

Associated CablingOperated by the DSO


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considered as Controlled Electrical Works and will still require certification by a REC , as a third party inspection, when complete. The remainder of Section 4.3 will examine the various electrical installations that would be considered a Restricted Electrical Work under a Defined Definition Approach (including work by Owner & Occupier) (See Section 4.3.1 – 4.3.4),

4.3.1 Electrical Installations in Domestic Premises

Electrical installations which are not installed correctly present immediate and possibly life threatening risks to the users and people in the vicinity of the installation. In addition to the immediate risks, the nature of electrical installations is such that faults may not present themselves until the system is stressed or changed. Thus, a faulty installation such as incorrect cable size, oversized protection, inadequate earthing or poor connection, may not be apparent to the user may allow the system to operate normally, but presents a fire or electrocution risk on a continuous basis. Under, a Defined Definition Approach it is proposed to restrict all Controlled Electrical Works within a domestic premises to RECs.

4.3.2 Micro-generators 14

The installation of micro-generation technologies represents a potential and genuine electrical safety risk to the public. The risks include, in the case of incorrect installation, a micro generator feeding and making live what may be considered a dead circuit both inside a premises and on power lines and adjacent premises. Also incorrect voltages or frequencies may be fed into a network and cause disruption to power distribution. It is vital that Micro-generators are installed by a qualified installer and connected correctly by a REC. This work is currently controlled by the DSO through the certification process for connection to the network. However, as the technology becomes more common there will be a requirement for statutory controls to ensure safety particularly in the domestic environment. Therefore, under a Defined Definition Approach, it is proposed that the electrical installation of Micro-generators become a Restricted Electrical Work.

For clarity, micro-generation technologies include small scale or domestic scale; hydro electric installations, gas fired generators or generator / heating boiler (CHP) applications, photovoltaic installations operating in parallel with electrical grid, small scale wind turbines, etc.

14

Micro-generation is defined as a source of electrical energy and all associated equipment, rated up to and including 25A at low voltage[230V], when the DSO network connection is single-phase or 16A at low voltage [230/400V], when the DSO network connection is three-phase, and designed to operate in parallel with the DSO LV system


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4.3.3 Special Installations15

The ETCI has defined identified areas within which specific skills and higher specification equipment and protection is required. Specific skills are required for Special Installations, as incorrect installation works present a particular risk to public. The following (as defined in ETCI document ET101 section 7) are considered Special Installations;

Swimming Pools, Saunas and similar areas;

Caravans Parks, Marinas and similar facilities; and

Fairgrounds, Amusement Parks, Circuses and similar facilities.

These Special Installations present particular risks. Swimming pools and saunas present risk of electrocution due to the close proximity of electricity and water and the exposure of people to this with skin contact with wet surfaces. Caravans, Marinas, Fairgrounds and Circuses present risks due to the temporary and transient nature of the installations. Consequently, under a Defined Definition Approach, it is proposed that Special Installations become a Restricted Electrical Work.

4.3.4 Periodic Inspections

The testing of electrical installations (i.e. Periodic Inspections16) requires specific skills and presents particular risks to the person carrying out the test. Significant technical knowledge, experience and training are prerequisites for completing electrical testing associated with Periodic Inspections. The tests include determining the characteristics of supply, visual inspection, continuity, and polarity testing, insulation and resistance testing, earth fault and loop impedance measurement, and completion of Certificates, Reports and Schedules. Due to the knowledge, expertise and judgement required, the CER considers it appropriate that under a Defined Definition Approach that tests associated with Periodic Inspections be restricted to RECs in order to minimise risk.

4.4 Electrical Work outside the Scope of Restricted Electrical Works under a Defined Definition Approach (Option 3)

For clarity, under a Defined Definition Approach (including work by Owner & Occupier), it is proposed that the following electrical installations will not be defined as Restricted Electrical Works:

i. Electrical Installations in Commercial or Work Place Setting; ii. Electrical Installations in Potentially Explosive Atmospheres;

iii. Construction Site Electrical Installations; iv. Agricultural Installations/Horticultural Installations; v. Exhibitions, Shows and Stands;

15 Special Installations are detailed in part 7 of the National Rules for Electrical Installations –

Fourth Edition-ET 101:2008.

16 Inspection, the examination of an electrical installation using all senses in order to ascertain the

correct selection and proper erection of electrical equipment.


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vi. New connection and maintenance at MV and HV; vii. Minor Electrical Work;

viii. Assembly of CE marked equipment, machines, and pre-assembled machines/equipment;

ix. Public lighting and associated cabling operated by the DSO and non-DSO.

4.4.1 Electrical Installations in Commercial or Work Place Setting

The nature of commercial and industrial premises operating at low voltage is such that there is generally a requirement for electrical power to operate machines and computers. The commercial and industrial installations, which include the provision or replacement of a distribution board or the addition of a circuit within a distribution board is defined currently as a Controlled Work and thus will require testing and verification by a REC. Additionally, these installations are considered places of work and as such are regulated under the Safety, Health and Welfare at Work legislation. Given the current safety legislation applied by the HSA, one could argue that electrical installations in a commercial or workplace setting is adequately legislated for under the remit of the HSA, and therefore should not be designated as a Restricted Electrical Work under a Defined Definition Approach.

4.4.2 Electrical Installations in Potentially Explosive Atmospheres

Installations in Potentially Explosive Atmospheres pose high potential risks, and therefore require specialised technical equipment and knowledge to install. Equipment for use in Potentially Explosive Atmospheres is regulated under the ATEX Directive (94/9/EC), which ensures a consistent standard of manufacture for equipment. Furthermore, the National Rules for Electrical Installations in Potentially Explosive Atmospheres (ET 105) defines standards for the selection of equipment, installation, testing and verifications of installations where Potentially Explosive Atmospheres may exist due to flammable gases, vapours, mists, fibres or dusts.

Additionally, the HSA under the Safety, Health and Welfare at Work (General Application) Regulations 2007, address the safety of workers in Potentially Explosive Atmospheres. Given the extent of safety legislation, one could argue that electrical installations in Potentially Explosive Atmospheres is adequately legislated for under the remit of the HSA, and therefore Potentially Explosive Atmospheres should not be designated as a Restricted Electrical Work and remain as a Controlled Electrical Work.

4.4.3 Construction Site Electrical Installations.

An electrical installation on a construction site provides lighting and power to enable works to proceed and is essential for the safe functioning of most sites. The installation will be exposed to conditions not normally applied to most fixed installations including mechanical stress, transient & temporary nature of the installation and continuously changing work environment. However, these works are controlled and managed under the Safety, Health and Welfare at Work (Construction) Regulations 2006. Consequently, it is proposed that Construction Site Electrical Installations would be excluded under a Defined Definition Approach.


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4.4.4 Agricultural Installations/Horticultural Installations.

Individuals working in agricultural and horticultural environments that require the completion of electrical works to facilitate the undertaking of their daily work are at an increased risk of electric shock (and livestock within such environments), as they are exposed to an open environment that can contain increased exposure to moisture, water and environmental influences which present particular risks of electric shock.

Agricultural and horticultural installations, which include the provision or replacement of a distribution board or the addition of a circuit within a distribution board is defined currently as a Controlled Electrical Work and thus will require testing and verification by a REC. Additionally these installations are considered places of work and as such are regulated under the Safety, Health and Welfare at Work legislation.

Given the current safety legislation applied by the HSA, one could argue that electrical installations in Agricultural and Horticultural Installations is adequately legislated for under the remit of the HSA, and therefore should not be designated as a Restricted Electrical Work under a Defined Definition Approach.

4.4.5 New Connections and Maintenance at Medium Voltage and High Voltage

Installations at MV and HV require specific and specialist skills, and incorrect installation can, due to the increased energy available, pose a threat to life. The CER notes that the DSO has considerable skills and control of their MV and HV installations. However, the CER acknowledges that non-DSO installations may be at risk of incorrect installation. Non-DSO Installations are those where the DSO supplies electrical energy at MV or above. In these installations the MV and HV switchgear and transformers are owned and maintained by the electricity customer, generally large industrial or commercial users.

The nature of MV and HV supplies to users is that they are places of work and as such are regulated under Safety, Health and Welfare at Work Act, 2005, and associated regulations. The effectiveness of this system of regulation is predicated on the ability of the employer to satisfy him/herself that an individual is competent through assessing the experience, knowledge, training and qualifications of the individual with respect to undertaking the task at hand. One school of thought in this area is that the ability of the employer to form such a judgement is generally a function of the specialised nature, complexity and cost of the MV and HV installation concerned, the associated safety risks related to that electrical installation and the general importance that the electrical installation has to their operation. By way of example, it is reasonable to assume that employers in an industrial setting are more likely to have some level of understanding of the specific competency requirements for individuals to undertake work on their industrial business operations, which utilise highly specialised electrical equipment and processes. Furthermore, it is in the employer‘s economic interest to allow only a highly competent individual to undertake work on such equipment as the costs of equipment malfunction can be high. In many instances industrial and large commercial employers engage specifically trained in-house individuals to undertake such work.


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Consequently, under a Defined Definition Approach, MV and HV installations would be excluded from the definition of Restricted Electrical Works. However, new connections to the network for MV and HV installations would still require certification as a Controlled Electrical Work.

In the ―Vision for the Regulation of Electrical Contractors with respect to Safety‖ (CER/07/ 203, 8th November 2007), the CER considered it reasonable to limit the broad scope of Regulated Electrical Works. Therefore the CER‘s role in the regulation of electrical works, at the point of commencement of the regulatory model was primarily focussed on electrical installation work on Low Voltage installations (Low Voltage as defined in the National Wiring Rules). However, the CER, in applying the scope of the regulatory system, will seek to address the areas of MV and HV installation work. This will be achieved through the following:

The definition of Controlled Electrical Works will still include all new connections and reconnections, irrespective of voltage level;

The ETCI is involved with CENELEC in harmonising the rules to cover MV and HV installations. The CER is monitoring the progress in these areas and will reflect within the definition of Controlled Electrical Works and Restricted Electrical Works any relevant developments with regard to including certain MV and HV installation works

Once the regulatory framework has been established and is operating within the above scope, the CER may consider in time expanding the scope to further address electrical works in Medium and High voltage.

4.4.6 Exhibitions, Shows and Stands

These are temporary electrical installations in exhibitions, shows and stands, both indoor and outdoor within temporary or permanent structures. There will be increased risks in these situations due to:

the temporary nature of the installations,

mechanical stresses,

lack of permanent structures, and

access by the general public.

As workplaces installations involving exhibitions, shows and stands are included in legislation regarding safety as defined in the Safety, Health and Welfare at Work Act 2005 and they also require the issuance of a Certificate by a REC given that they are a Controlled Electrical Work, therefore under a Defined Definition Approach, Exhibitions, Shows and Stands could be deemed adequately regulated under current safety legislation, thereby making any requirement to have them treated as Restricted Electrical Works unnecessary.

4.4.7 Minor Electrical Works

Minor electrical works are outside the scope of Controlled Electrical Works and when defined Restricted Electrical Works (see section 2.5 for further details).


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4.4.8 CE Marked Equipment, Products and Pre-assembled Machines/Equipment.

Pre assembled CE marked machines/equipment and CE marked machines may form part of an installation. In such cases they are governed by product based legislation rather than installation requirements. Such items of equipment will be CE marked to indicate their compliance with European Community New Approach Harmonised Directives. The CE marked items of equipment and products are required to meet standards harmonised with the directives.

Consequently, it is proposed that works within the boundary of the CE marked pre-assembled skids and CE marked machines would not fall within the definition of Defined Electrical Works (and therefore Restricted Electrical Works), since they do not fall within the scope of ET101 or ET105. Although the works within the boundary of the machine would not be considered as Restricted Electrical Works, the electrical installation works, such as provision of electrical power or installation of control cables, associated with the equipment are considered Restricted Electrical Works.

The manufacture and assembly of CE marked skids and CE marked machines is also excluded from the scope of Restricted Electrical Works

4.4.9 Public Lighting

The ETCI National Rules for Electrical Installations ET101 includes within its scope Public Lighting and associated cabling with the exception of lighting that is operated by the DSO. Public lighting operated by DSO and Non-DSO will not be considered a Restricted Electrical Work. The nature of Public Lighting and specifically unmetered supplies is that there may be a number of interface points within the area served by a Public Lighting scheme. Public Lighting installations which are not operated by the DSO are currently within the definition of Controlled Electrical Works and certification of these installations by a REC is a requirement.

4.5 Option 4: Defined Definition Approach (excluding work by Owner & Occupier):

The Defined Definition Approach (excluding work by Owner & Occupier) is equivalent to Option 3 Defined Definition Approach (including work by Owner & Occupier), with the exception of electrical installations in a domestic property. Specifically, where Controlled Electrical Works are carried out by an Owner and Occupier of a Domestic Property, there will be no criminal offence associated with the carrying out of that work. Controlled Electrical Works when completed by an Owner and Occupier of a Domestic Property will still require certification by a REC, as a third party inspection. Additionally, the Owner and Occupier of a domestic property will be prohibited from carrying out electrical work on Micro-generators and Special Installations (as illustrated in Figure 4.4).


34

Figure 4.4: Option 4: Defined Definition Approach (excluding work by Owner & Occupier)

4.6 Summary

Section four has outlined four proposed definitions for the scope of Restricted Electrical Works, namely:

Option 1: A Broad Definition Approach; Option 2: An Intermediate Definition Approach; Option 3: A Defined Definition Approach (including work by Owner & Occupier);& Option 4: A Defined Definition Approach (excluding work by Owner & Occupier).

At this juncture, the CER is not minded to support any particular option regarding Restricted Electrical Works, and will formulate a judgement following a review of responses from industry. For clarity, the proposed definitions of Restricted Electrical Works can be summarised as follows: Option 1: Broad Definition Approach The Broad Definition Approach proposes that all works currently defined as Controlled Electrical Works be reclassified as Restricted Electrical Works. This definition includes the installation of Micro-generators, Special Installations, Periodic Inspections, work in Potentially Explosive Atmospheres, construction site electrical installations, exhibitions shows and stands, agricultural/horticultural installations, new connections at MV and HV, Public Lighting and associated cabling (with the exception of lighting that is operated by the DSO). Additionally, under the Broad Definition Approach, the following electrical work would not be considered as a Restricted Electrical Work:


CONTROLLED WORKS

RESTRICTED WORKS

Domestic Installations

(New installations or

significant alterations),

Micro-generators,

Special locations,

Periodic Inspections.

Work in a commercial or workplace setting

including MV & HV

Potentially Explosive Atmospheres,

Construction Site Electrical ,

Agriculture & Horticulture

New Connections at MV & HV

Public Lighting & Associated Cabling by Non-DSO

Exhibitions & Shows

EXCLUSIONS

Minor Work

Maintenance work on MV and HV

installations

Assembly of CE marked equipment, machines , and pre-

assembled machines/equipment

Excludes Public Lighting and

Associated CablingOperated by the DSO

Controlled Works undertaken by Owner

& Occupier of a Domestic Property


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Option 2: Intermediate Definition Approach The Intermediate Definition Approach proposes that all works currently defined as Controlled Electrical Works be reclassified as Restricted Electrical Works. This definition includes the installation of Micro-generators, Special Installations, Periodic Inspections, work in Potentially Explosive Atmospheres, construction site electrical installations, exhibitions shows and stands, agricultural/horticultural installations, new connections at MV and HV, Public Lighting and associated cabling (with the exception of lighting that is operated by the DSO). However, where Controlled Electrical Works are carried out by an Owner and Occupier of a Domestic Property, there will be no criminal offence associated with the carrying out of that work. Controlled Electrical Works when completed by an Owner and Occupier of a Domestic Property will still require certification by a REC, as a third party inspection. Additionally, the Owner and Occupier of a domestic property will be prohibited from carrying out electrical work on Micro-generators and Special Installations. Under the Intermediate Definition Approach, the following electrical work would not be considered as a Restricted Electrical Work:

Controlled Electrical Works undertaken by the Owner and Occupier of a domestic property (excluding Micro-generators and Special Installations). The Controlled Electrical Works carried out by the Owner and Occupier of a domestic property will still require certification by a REC when completed;




Option 3: Defined Definition Approach (including work by Owner & Occupier) The Defined Definition Approach (including work by Owner & Occupier) proposes that the application of Restricted Electrical Works be limited to:

Installations in a Domestic Property (which includes new installations and significant additions or alterations);

Electrical installation of Micro-generators;

Specialist Installations (swimming pools, saunas, fountains, caravan parks & marinas); &

Carrying out of Periodic Inspections. Consequently, the following installations would remain as Controlled Electrical Works (and require Certification by a REC), and not be regarded as Restricted Electrical Works:


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New connection at MV and HV; Public Lighting and associated cabling (with the exception of lighting that is

operated by the DSO). Additionally, under the Defined Definition Approach (including work by Owner & Occupier) both Minor Electrical Works and the assembly of CE marked equipment, CE marked machines and pre-assembled CE marked machines/equipment would not be regarded as a Restricted Electrical Work. Option 4: Defined Definition Approach (excluding work by Owner & Occupier) The Defined Definition Approach (excluding work by Owner & Occupier) is equivalent to the Defined Definition Approach (including work by Owner & Occupier), with the exception of electrical installations in a domestic property. Specifically, where Controlled Electrical Works are carried out by an Owner and Occupier of a Domestic Property, there will be no criminal offence associated with the carrying out of that work. Controlled Electrical Works when completed by an Owner and Occupier of a Domestic Property will still require certification by a REC, as a third party inspection. Additionally, the Owner and Occupier of a domestic property will be prohibited from carrying out electrical work on Micro-generators and Special Installations. Consequently, the following installations would remain as Controlled Electrical Works (and require Certification by a REC), and not be regarded as Restricted Electrical Works:






New connection at MV and HV; Public Lighting and associated cabling (with the exception of lighting that is

operated by the DSO). Additionally, under the Defined Definition Approach (excluding work by Owner & Occupier) both Minor Electrical Works and the assembly of CE marked equipment, CE marked machines and pre-assembled CE marked machines/equipment would not be regarded as a Restricted Electrical Work.


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5.0 Next Steps

The CER invites comment on its proposals for Restricted Electrical Works as outlined in this consultation paper. Following a review of responses, the CER will publish a decision paper. Once the CER has issued a decision paper on the matter of Restricted Electrical Works, it will be subsequently translated into regulations as required under the 1999 Act (as amended by the 2006 Act). This will take place in 2011.

Appendix 1 – List of Substantive Questions Appendix 1 provides a list of questions that the CER requests participants to consider when responding to this consultation paper. Q1: Do you agree or disagree with the introduction of Restricted Electrical Works? Q2: Has the CER considered all the appropriate options for the introduction of Restricted Electrical Works? Q3: Which option do you believe that the CER should adopt if it decides to introduce Restricted Electrical Works? Q4: Is there a potential for regulatory overlap between the CER and the HSA, if the CER adopts a ‗Broad or Intermediate Definition Approach‘? Q5: If you deem that there is the potential for regulatory overlap between the CER and the HSA, do you believe that this is necessary to achieve the desired safety outcomes?


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Appendix 2: Regulation of Electrical Works: An International Perspective

In order to facilitate discussions regarding the proposed definitions for Restricted Electrical Works, this section provides an overview of electrical safety frameworks in different countries, namely:

Ontario Canada; Western Australia; New Zealand; & UK.

Specifically, the objective of this section is solely to gather information, and not to provide a critique of the various types of regulatory frameworks for electrical safety. Additionally, the reader should note that the development of regulatory frameworks for each country/region is unique based on their current environment and institutions.

2.1 Ontario, Canada

The Ontario Electrical Safety Authority (ESA) is responsible for public electrical safety, as designated by Ontario Regulation 89/99. Under the Ontario regulatory framework, inspections of electrical installations are required for the following electrical installations:

New Home Construction Electrical installations in a new house must be inspected and authorized prior to connection to the Utility electricity distribution system, and any change to the original wiring including repair and replacement of electrical devices.

Industrial/Commercial/Institutional and Agricultural Electrical installations involving New Construction, Renovations, and Electrical Maintenance Work require an inspection. New construction refers to electrical installations creating new business facilities – requiring initial connection to the Utility electricity distribution system. Additionally, Renovation/Additions and Alteration refer to modifications to existing electrical installations and equipment, whilst Electrical Maintenance Work refers to electrical installation work of a routine nature in connection with the maintenance or operation of a building or plant.

Roadway/Traffic Lights And Signals Electrical Inspections are required for all new electrical work/installations as well as for the maintenance of existing electrical installations.

These electrical installations types are carried out by licensed electrical contracting businesses. Specifically, Ontario Regulation 570/05 states that no person shall operate an electrical contracting business without an electrical contractor license. However, Regulation 570/05 does not apply to a person engaged in the following types of electrical work:

i. Work done on original equipment of a manufacturer if done by an employee or agent of the original equipment manufacturer, who has been trained by the manufacturer to perform maintenance, service or repair on the equipment and if


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the work being done does not include extending or altering the equipment or installing, extending, altering or repairing any electrical wiring connected to that equipment.

ii. Work done on equipment or electrical installations within an industrial establishment or on a farm if done by an owner, an operator or an employee of the owner or operator.

iii. Work done on electrical equipment or installations within a residential dwelling if done by an owner or occupant of the dwelling.

iv. Work done on the controls and equipment within refrigeration and air-conditioning units by a person authorized to do such work under Ontario Regulation 75/05 (Refrigeration and Air Conditioning Mechanic) made under the Trades Qualification and Apprenticeship Act.

v. Work done on fire protection alarm systems by a person authorized to do such work under Regulation 1078 of the Revised Regulations of Ontario, 1990 (Sprinkler and Fire Protection Installer) made under the Trades Qualification and Apprenticeship Act.

vi. Work done on elevators and escalators by a person authorized to do such work under Ontario Regulation 209/01 (Elevating Devices) made under the Technical Standards and Safety Act, 2000.

vii. Work done on electrical components of appliances by a person authorized to do such work under Ontario Regulation 210/01 (Oil and Gas Pipeline Systems), Ontario Regulation 211/01 (Propane Storage and Handling) and Ontario Regulation 215/01 (Fuel Industry Certificates) made under the Technical Standards and Safety Act, 2000.

viii. Work done on electrical equipment that plugs into an electrical source if the work being done constitutes maintenance, service or repair of the equipment that does not include extending or altering the equipment or installing, extending, altering or repairing any electrical wiring connected to that equipment.

ix. Work done that falls within the scope of Ontario Regulation 22/04 (Electrical Distribution Safety) made under the Electricity Act, 1998.

x. Work done on any electrical equipment or electrical installation that is specifically excluded by Rule 2-000 of the Electrical Safety Code.


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2.2 Australia & New Zealand

The Electrical Regulatory Authorities Council (ERAC) is responsible for liaison between the eight Australian states and territories and New Zealand in order to coordinate their activities in respect of regulatory strategies, policies and ongoing reforms.17 Rather than outline each individual electrical safety regulatory framework in the Australian States and New Zealand, this section will outline the regulatory framework in Western Australia and New Zealand in order to provide an overview of various types of Regulated Electrical Works.

2.2.1 Western Australia

The ‗EnergySafety‘ Regulator makes it illegal for an unlicensed person to carry out electrical work, including modifications to fixed wiring. Essentially, electrical work is defined within the Electricity (Licensing) Regulations 1991, and means work on electrical machines or instruments, on an electrical installation or on electrical appliances or equipment to which electricity is supplied, at a nominal voltage exceeding 50 volts alternating current or 115 volts direct current, whether or not the item on which the work is being performed is part of, or is connected to any distribution works or private generating plant. Works include work performed on any appliance, whether or not electricity is supplied or may be supplied thereto through an electric plug socket or socket outlet.

The Electricity (Licensing) Regulations 1991 provides that electrical work may only be carried out by persons with the appropriate electrical worker's licence (as issued by the Electrical Licensing Board). Licenses are issued for the following types of work:

Electrical contracting work – for electrical contractors who must employ licensed electricians.

Electrical installing work - for electricians. Electricians are required to hold an 'A' Grade electrical worker's licence endorsed as 'electrical mechanic' to allow them to work on electrical installations and/or 'electrical fitter' to allow them to carry out electrical fitting work. Electricians are licensed for up to 5 years and must carry their licence card with them and to produce it when required.

Electrical training - for apprentices and trainees. An apprentice/trainee electrician will have a licence card issued for the period of the apprenticeship/traineeship.

Restricted electrical work - for restricted electrical workers. Restricted electrical licences (RELs) are issued to persons other than electricians to legally carry out a "restricted" range of electrical tasks. The holder of a restricted electrical worker's licence is not permitted to carry out the installation or alterations to fixed wiring or to repair or replace items such as power points, lighting fittings etc.

17

In Australia, the technical and safety electrical regulatory functions are largely the responsibility of state and territory governments


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However, under the Electricity (Licensing) Regulations 1991, it is not illegal to carry out electrical work under the following scenarios:

i. to work carried out on a communications or computer system, or a radio or television transmitter or receiver but does apply to an electricity supply circuit thereto having a nominal pressure exceeding 50 volts alternating current or 120 volts ripple free direct current; or

ii. to the mechanical assembly or winding of armatures, stators, rotors, field coils or other like equipment; or the manufacture or assembly, at the place of manufacture, of equipment, or parts thereof, on a repetitive basis, except to the extent that the work involves the final testing of the equipment or the connection of the equipment to an installation; or

iii. to work carried out for, and as authorised by, a network operator on poles, towers and overhead lines including the final connection and testing of circuits by persons trained in electrical linework; or

iv. to work carried out in jointing and capping underground cables of all kinds by persons trained in electrical cable jointing work; or

v. to work carried out on any network operator service apparatus by a person authorised by the relevant network operator; or

vi. to the installation of poles, towers and overhead lines not involving the final connection or testing of circuits; or

vii. to the underground installation of underground cables, cable ducts, conduits and cable support systems (excluding the final connection or testing of circuits); or

viii. to the affixing of a plug, electrical appliance plug or cord extension socket to a flexible cord used or intended to be used to connect an electrical appliance to a plug socket outlet through which electricity is supplied or to be supplied at a nominal pressure not exceeding 1000 volts alternating current or 1 500 volts direct current; or

ix. to work done in the course of training for a restricted licence; or

x. to electrical work (excluding permanent installation work) performed as part of an educational or training course in a trade or technical school, college, university or other training institution,; or

xi. to such other kinds of electrical work as the Director after consultation with the Board declares, by order published in the Gazette , to be work that may be carried out by persons not holding a licence or permit; and

xii. to the installation of electric fences for security or stock control purposes (but does apply to the installation of an electricity supply circuit, having a nominal pressure exceeding 50 volts alternating current or 120 volts ripple free direct current, to such a fence).

2.2.2 New Zealand

The New Zealand ‗Energy Safety‘ regulator administers the principal laws governing electrical work in New Zealand. These are:


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Electricity Act 1992 Electricity (Safety) Regulations 2010 New Zealand Electrical Codes of Practice

Any person (other than a homeowner), who carries out prescribed electrical work, is required to be registered by the Electrical Workers Registration Board (EWRB). Under the Electricity (Safety) Regulations 2010, the following electrical work is deemed a prescribed electrical work:

Prescribed Electrical Works

(a) the installation or maintenance of conductors used in works or installations;

(b) the installation or maintenance of fittings connected, or intended to be connected, to conductors used in works or installations;

(c) the connection or disconnection of fittings to or from a power supply, other than by means of a plug or pin inserted into a socket, or an appliance connector inserted into an appliance inlet;

(d) the maintenance of appliances;

(e) the testing of work described in paragraphs (a) to (d) that is a non-prescribed work;

(f) the certification of work described in paragraphs (a) to (d) that is a non-prescribed work;

(g) the inspection of work described in paragraphs (a) to (d) that is a non-prescribed work; &

(h) the supervision of any work described in paragraphs (a) to (d) that is a non-prescribed work.

In order to facilitate the differentiation between Prescribed and Non-Prescribe Electrical Works, the Electricity (Safety) Regulations 2010 identified the following items as non-prescribed electrical work: Low voltage fittings (a) work done on low voltage fittings, but only if the work is done in accordance with ECP 51, and without payment or reward, and the work consists of—

(i) replacing a fuse link with a fuse link or plug-in miniature circuit breaker of an appropriate rating; or (ii) affixing a plug, adaptor, cord extension socket, or appliance connector of an appropriate rating to a flexible cord designed for that purpose:

Extra-low voltage supply (b) work done on installations, fittings, or appliances that—

(i) are intended solely for connection to, or are associated solely with, electricity supplies not exceeding extra-low voltage; and (ii) are not in a hazardous area:

(c) work done on installations or fittings that—

(i) are intended solely for connection to, or are associated solely with, electricity supplies not exceeding extra-low voltage; and


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(ii) are not in a medical location: (d) repairing or adjusting fittings, or replacing fittings with the same or comparable fittings, in installations or appliances, but only if the work can be done without exposure to live parts intended to operate at voltages exceeding extra-low voltage: Operation (e) operating works, installations, or appliances: Isolating and earthing (f) operating or switching works, installations, or appliances for the purpose of isolating and earthing the works, installations, or appliances, including manually connecting or disconnecting temporary earthing or bonding fittings and manually removing and reinserting fuses: Electric lines (g) constructing overhead electric lines as part of any works, but only if the lines are being connected to poles or other supports that do not carry fittings that are already connected to a power supply: (h) constructing underground electric lines as part of any works, but only if the lines are being connected to fittings or installations that are not already connected to a power supply: Permanent removal (i) permanently removing, dismantling, or demolishing works or installations that have been permanently disconnected from a power supply: (j) maintaining appliances, but only if the work is done in accordance with user instructions prepared by the manufacturer and supplied with the appliance to the user: (k) repairing or reworking an appliance, but only if it is undertaken in accordance with the instructions of the original manufacturer of the appliance: (l) rewinding coils and armatures: Testing, teaching, experimenting, etc (m) installing temporary conductors between fittings (or between appliances, or between fittings and appliances) or repairing fittings and appliances, but only if the fittings or appliances are used for experimental testing, demonstration, teaching, or research purposes in any electrical engineering workshop, manufacturing facility, electrical test room, laboratory, hospital, research project, or teaching institution: (n) experimental work on radio transmitters, receivers, and electronic apparatus, but only if the work is not carried out for payment or reward: Telecommunications work (o) work done on or in connection with telecommunications lines or equipment where—

(i) the lines or equipment operate at telecommunications network voltage; or


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(ii) the magnitude and duration of any shock currents cannot exceed IEC shock current standards; or (iii) the work can be done without exposure to voltages that exceed telecommunications network voltage or to shock currents that exceed IEC shock current standards:

Electric cars (p) any work on electric cars (being road vehicles that use electricity generated within the vehicle, or electricity supplied from a standard low voltage supply, as its motive energy source): Electric fences (q) any work relating to the conductors, supports, or insulators of electric fences, and connecting them to, or disconnecting them from, an electric fence controller: Temporary earthing (r) connecting or disconnecting temporary bonding conductors to or from any metal pipe or tube that forms (whether by design or not) part of an earthing system, but only if the temporary bonding conductor is for the purpose of maintaining a continuous path to earth during work on the pipe or tube: New Zealand Defence Force apparatus (s) assembling and repairing radio apparatus, fire control, equipment, or searchlights used solely for defence purposes under the control of the New Zealand Defence Force, but only if the officer or non-commissioned officer who has control of the apparatus, equipment, or searchlight has directed the conditions of security that must be observed in the assembly or repair:

With reference to the laws applying to electrical works in New Zealand, the legislation provides three mechanisms under which unlicensed workers may do electrical work.

work which is not prescribed electrical work; work which may be done provided no payment or reward is given for that work; work which may be done by the owner of a domestic installation or by the owner

or relative of the owner of an electrical appliance

In general, these three provisions allow the public to carry out simple electrical work, which does not involve significant safety risks or work on their own equipment (appliances) or household wiring. Additionally, persons that own and occupy their own installation may do the following work on low voltage electrical installations (when there is no payment or reward):

i. remove and replace any of the following kinds of fittings, where the work does not involve work on any switchboard:

switches,

socket outlets,

permanent connection units,


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light fittings,

batten holders,

cord grip lampholders,

ceiling roses,

flexible cords connected to any permanent connection unit, ceiling rose, or cord grip lampholder,

water heater switches,

thermostats,

elements.

ii. remove and replace fuse links.

iii. connect and disconnect fixed wired appliances.

iv. relocate existing switches, socket outlets, and lighting outlets that are supplied with electricity by tough plastic- sheathed cables.

v. install, extend, and alter subcircuits (including submains), provided that:

the person must not enter (whether personally, by holding any material or equipment, or otherwise) any enclosure where live active conductors are likely to be present; and

the work is tested by a licensed worker, in accordance with NZS 3000, and the work is certified by that licensed worker in accordance with regulation 66, before being connected to a supply of electricity by such an inspector.


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2.3 United Kingdom

In 2005, the UK Government introduced electrical safety rules into the Building Regulations for England and Wales. Consequently, most fixed electrical installation work carried out in homes must, by law, meet the Building Regulations. Part P of the Building Regulations state that anyone carrying out electrical installation work in a home must make sure that the work is designed and installed to protect people from fire and electric shocks. Part P also applies to newly-built homes and to any changes made to existing installations, including any parts that have been rewired.

All electrical installation work in a home, garden, conservatory or outbuilding must meet the Building Regulations. Apart from some types of Minor Electrical Work, all electrical work must either be reported to the local-authority building-control, or be carried out by an electrician who is registered with one of the Government-approved scheme providers.

By law, all homeowners and landlords must be able to prove that all electrical installation work meets Part P, or they will be committing a criminal offence. Local authorities can make homeowners or landlords remove or alter any work that does not meet the Building Regulations.

With reference to electrical safety in the workplace, the Health and Safety at Work Act 1974 (HSW Act) in Great Britain or the Health and Safety at Work (Northern Ireland) Order 1978) employers are responsible for ensuring the safety and health of their employees and also the public, if they are at risk from those work activities.


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2.4 Summary

This section has identified the salient characteristics of the electrical safety regulatory frameworks in different countries/regions including Canada, Australia, New Zealand and the UK. Specifically, this section has examined how each country regulates the completion of electrical installations by Registered Electrical Contractors and Non-Registered Electrical Contractors. Furthermore, the CER notes that each country‘s regulatory system and institutional frameworks regarding electrical safety is unique, and adapted to the particular requirements and circumstances of each country/region, and therefore may not be directly applicable to the Irish regulatory framework. However, by providing a review of international practices, the CER is of the view that this will facilitate the consultation process, and any final decision regarding Restricted Electrical Works.


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Appendix 3: Overview of Electrical Network in Ireland

3.0 Overview

The electricity network in Ireland consists of transmission and distribution cables at high, medium and low voltage, which transport electricity from the generation stations to the end consumer. The electricity transmission and distribution systems in the Republic of Ireland are owned by ESB Networks, while responsibility lies with EirGrid as the Transmission System Operator (TSO) for calling generators onto or off the system, as demand for electricity increases or declines throughout the day. The transmission and distribution networks operate at a set of different nominal voltages. For each of these voltages there is an infrastructure of cables, cable supports and protection equipment. To step between voltages, transformers are used, allowing power to be transferred up and down through the various levels. In a traditional transmission and distribution system, power flows down, from higher voltage systems to lower voltage systems. However, this traditional flow of electricity is changing due to embedded generation where electricity is generated and transported at the distribution levels. In the case of micro-generation installations, proposed in this paper as part of the Restricted Electrical Works, electricity generation into the grid can occur at the lowest level in the grid and be generated by domestic consumers. Figure 3.1.1 provides an illustration of the Irish electricity network, and highlights the demarcation between the CER and the HSA regarding electrical safety.

3.1 Transmission System

Electricity is often not generated near where it is used and has to be transported across large distances. As energy is lost in the transportation of electricity (due to the heating of cables), the electricity is transported in bulk over long distances via the high voltage system in order to minimise heat loss. In Ireland, the transmission system operates at nominal voltages of 400 kV, 220 kV and 110 kV. The higher voltage allows for bulk transfer of energy throughout the system with lower losses that would be experienced at lower voltages.

3.2 Distribution System

Irish distribution networks, which are owned and operated by ESB Networks, accept energy from the transmission network and distribute it over a range of voltages 110kV, 38 kV, 20 kV, 10 kV, 400 V and 230 V. Additionally, ESB Networks role as the distribution asset owner incorporates maintenance of the network infrastructure, managing network faults and carrying out planned maintenance of these sites. ESB Networks responsibilities as the Distribution System Operator (DSO) also extend to data collection and meter operations. In order for suppliers to recover costs of electricity consumed through billing, the volume of electricity consumed must be quantified by a meter. The meters provided by ESB Networks include Quarter Hourly (QH) and Non Quarter Hourly (NQH) meters.18

18

QH site is defined as being a high consumption site where meter reads are taken on a quarter hourly basis. QH meters must have a kW import and kVAr import channel. A NQH meter is


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Figure 3.1.1 Overview of Electricity System

defined as a low level consumption site where the meter reads are obtained periodically (normally every two months).


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3.3 Customer Connections

Most electricity users are connected at ‗low voltage‘ to the systems operating at 400 V or 230 V. Domestic customers are connected at 230V. Larger industrial and commercial users connect at the 10kV / 20kV network, whilst a small number of large customers are connected at the 38kV level or higher levels. Regardless of the voltage level at which it is delivered to the user, equipment normally operates at low voltage (400V / 230V)19 and where required the electricity is stepped down to the lower operating voltages. At the point of use the electrical system is divided into sections or circuits each with its own protection (fuse or Miniature Circuit Breaker).

3.4 DSO & Consumer Interface

The interface between ESB Networks and the consumer is defined in the National Code of Practice for Customer Interface (4th Edition 2008). ESB Networks are not involved in, or responsible for, testing a customer‘s electrical installation (See Figure 3.4.1). Since a new electrical installation is Controlled Electrical Works a completion certificate is required and must be issued by a REC. Figure 3.4.1: DSO & Consumer Interface

19

High power equipment can also operate at higher voltages including 3.3kV, 6kV and 10kV, depending on application.


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3.5 Electricity Supply within a Premises

As the electricity cable enters a building, a meter is fitted with a fuse and isolator, which marks the boundary between the DSO (i.e. ESB Networks) and the customer. After the meter point, the electric cable enters a distribution board, which divides the supply into a number of circuits each protected by MCB or fuse. A typical circuit would feed sockets in the house or lights, as illustrated in Figure 3.5.1. Figure 3.5.1: Electricity Supply within a Premises