The Proposed Electricity Safety Regulations
Preliminary Provisions
Interpretation
The proposal is to provide in the electricity safety regulations that all the existing definitions in the Electricity Regulations continue with the addition of the following new definitions:
It is proposed that there is a new definition of Accredited Conformity Assessment Body (CAB) along the lines that an accredited conformity assessment body is:
- accredited by IANZ or JAS-ANZ; or
- accredited by an accreditation authority that has entered into a mutual recognition arrangement with IANZ or JAS-ANZ; or
- approved pursuant to any agreement between New Zealand and any other country or countries; or
- any other equivalent organisation that satisfies the Chief Executive that they can meet the requirements under the regulations.
This new definition has application with respect to the new regulations concerning Safety Management Systems. It is also relevant to the regulations concerning safety of electrical appliances. It will replace the current definition of suitably qualified auditor.
It is proposed that there is a new definition of Electrically Safe which cross-references to the discussion on the safety of electricity general safety requirements regulation.
It is proposed that there is a new definition of Electrical Safety Certificate along the lines that an electrical safety certificate is a certificate issued by a person approved by the Board that certifies that any inspection, testing, and checking has been completed in compliance with the general safety requirement.
This certificate definition is proposed to replace the definitions of certificate of compliance and certificate of verification. The proposal provides for the form of the certificate to be generic to allow for a variety of uses including certificate of compliance, certificate of verification, certificate of re-verification and warrant of electrical fitness. The electrical safety certificate is to be accompanied by an electrical safety sticker to affix to connectable installations. It is proposed that the form will be obtained from the Electrical Workers Registration Board (EWRB).
It is proposed that there is a new definition of Significant Property Damage along the lines that significant property damage is damage that is greater than superficial, being such that the property is either damaged beyond repair or requires substantial repair or reconstruction in order to restore it to, at a minimum, the condition prior to it being damaged.
This definition has been determined in consultation with industry through work on the draft Safety Management Systems Standard. It complements the definition of "serious harm" which is already set in the Act and relates to harm caused to members of the public.
The following definitions have references to other regulations and to sections of various standards. It is proposed these are amended to reflect revised numbering of these regulations and any relevant revised sections in the Standards:
- IEC shock current standard;
- Prescribed electrical work
- Telecommunication network voltage
There are also a number of new definitions in the Electricity Act 1992. These do not need to be repeated in the regulations and include All practicable steps, Employer licence, and Telecommunications line.
It is also proposed to amend the references to Electrical Codes of Practice (ECPs) and Standards at subsections (3) and (4) of the Interpretation section. The most recent ECPs and Standards will all be referenced.
Questions
Do you agree with the proposed definitions above? If not, why not?
Are there any other definitions that you think should be included?
Application of the Regulations
Proposal
To provide that the regulations do not apply:
- where there are other acceptable controls over electrical work, and
- to Tasers as they are controlled under the Arms Act 1983.
The Electricity Regulations at Regulation 3 set out the fittings that the Regulations do not apply to.
There is potential for confusion in the current exclusion, in that it refers only to "fittings", rather than to excluding the application of the Regulations as a whole.
It is proposed to continue the current exclusion of road vehicles (Regulation 3(a)) in the electricity safety regulations but to make this exclusion clearer by restating it along the following lines:
These regulations do not apply to caravans, campervans or other vehicles or relocatable buildings containing connectable installations, including any of its fittings) used for propulsion, lighting or heating of the vehicle or used for self-contained lifting or hoisting equipment (provided that those fittings do not receive a supply of electricity from an external power supply and do not supply any electricity to any premises.
This is because these vehicles have separate, but complementary, rules under the Land Transport legislation covering the electrical safety of these vehicles and their electrical components.
Also excluded under the existing Regulations are the fittings of any conveyance being a ship (excluding pleasure vessels containing connectable installations), aircraft, vessel, train, locomotive, tram or trolley bus (Regulation 3(c)).
There is some uncertainty as to the interaction between the existing Regulations and the Civil Aviation Act. There is at present no explicit definition of the boundary between the electrical systems of aircraft, and the electrical systems covered by the Regulations.
As with Regulation 3(a), the conveyances listed in Regulation 3(c) (trains, locomotives, aircraft, trams, trolley buses, ships and vessels) have separate, but complementary, rules covering their electrical safety and their electrical components. It is both unnecessary and inappropriate to duplicate requirements. Excluding these conveyances from the regulations will also allow specialist technicians, who may not fall under the Electrical Workers Registration Board scheme, to continue to do work in accordance with the relevant regime.
Accordingly, it is proposed that the electricity safety regulations will include a regulation similar to 3(c) but revised to clearly exclude aircraft, fittings on an aircraft, or work on an aircraft and fittings of aircraft, except where specified in the regulations. A similar revision is proposed for trains, locomotives, trams, and trolley buses.
It also proposed to exclude all marine craft from the application of the regulations. At the moment the exclusion only covers ships and not pleasure craft. There appears to be no good reason why pleasure craft are not excluded.
Export
It is proposed to continue the current exclusion of fittings or electrical appliances manufactured solely for export or imported solely for re-export (Regulation 3(b)).
Other
It is proposed to additionally state that the electricity safety regulations do not apply to restricted weapons to which the Arms Act 1983 applies. This is to clarify that the Arms Act alone regulates the possession and use of restricted weapons such as Taser guns that convey electricity. Some commentators have suggested Taser guns, recently trialled by the Police, which use 50,000 volts to incapacitate an offender, may be subject to the existing Electricity Regulations.
Questions
Do you agree with the proposals relating to exclusions discussed above? If not, why not?
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