It’s a sad reality that many body corporates and managing agents of residential estates don’t scrutinise the credentials of electrical contractors who are employed by residents to carry out electrical work at their properties.
According to the Electrical Installation Regulations (EIR) as contained in the OHS Act, only registered electricians can do certain work: inspecting installations and issuing Certificates of Compliance (CoCs), such as for purposes of transfer when a property has been sold; undertaking maintenance and alterations; installing solar PV systems; erecting electric fence systems; issuing new CoCs when geysers are replaced; and, connecting generators to the main supply – to name a few.
It’s the law
There’s no getting around the fact that this work must be done by a registered electrician according to the law! When there’s no control over who does electrical work in a housing complex or estate, anyone can say they’re an electrician and be granted access and allowed to work in the estate.
What if the electrician isn’t qualified and there’s a fire or someone is electrocuted? Who takes the rap? Cecil Lancaster, Regional Director (Bosveld) says, “The EIR also prohibits any person from permitting such transgression – in this case, person would mean the owner of the unit, as well as the owners, managers, and/or body corporates of the complex. “
In the wrong hands, electricity is dangerous, and even more so if the work is done on the infrastructure – the power network – which can impact other units in the estate. Worst-case scenario, there’s the real possibility of electrocution and losing all your possessions in a fire. It’s simple – obey the law and only use an electrical contractor who can prove he’s registered – ideally an ECA member, who also has the back-up of an Association that’s been around for nearly 75 years. Duly qualified and registered ECA members are listed in the ‘Find a Member’ section on the ECA’s website.
Sadly, many people choose their electricians unwisely – usually on price – and without considering the legal implications or that non-compliance will cost much more in the long run. So, it’s also worth considering that while reputable electrical contractors have public liability insurance cover as a matter of course, it’s not likely that unregistered electricians have that kind of protection.
In that worst-case scenario, the property owner stands to lose a great deal if their insurance company’s assessor finds an invalid Certificate of Compliance (or no CoC at all). The only way to recover damages from a contractor who has no liability cover, is to make a civil claim, which can be a very costly exercise.
Work done by ECA members in good standing is also covered by a Workmanship Guarantee to the value of R20 000.
Protocol
It’s important that property owners take their legal obligations seriously – and it’s vital that body corporates and estate management companies must comply with all the rules and regulations to ensure the safety of residents and property. Ideally, there should be a protocol in place that requires electricians to provide valid proof of registration with the Department of Employment and Labour (which must be verified by DoEL) before any electrician may work within the estate.
Solar PV
There’s more to compliance than just making sure the electrician is registered, owners, managers and body corporates must also ascertain whether an electrician is qualified to undertake the work they’ve been employed to do. Some work, such as solar PV installations, may only be done by an Installation Electrician (IE) or a Master Installation Electrician (MIE), who will also issue a CoC for the PV system.
Electric fences
When it comes to electric fences, only persons registered at DoEL as Electric Fence System Installers (EFSIs) may issue CoCs for electric fence systems. When there is maintenance work to be done on electric fences, it’s best to use an EFSI or an ECA member.
CoCs
Only registered electrical contractors may issue a CoC for a new installation; or for an existing property for purposes of transfer; and, when any alterations have been made to an electrical installation, issue a supplementary CoC for the alteration.
Geysers
When a hot water cylinder (geyser) is replaced – usually as the result of an insurance claim – it must be remembered that this is an alteration to the installation and it is incumbent on the user to obtain a supplementary CoC for the new geyser.
Generators
With load-shedding many property and business owners are installing generators and, in such cases, the Electrical Machinery Regulations become applicable along with the EIR. In short, when portable generators interface with fixed electrical installations, this must be done by a registered electrical contractor and a CoC issued. Failure to do this will invalidate any insurance claims in the event of fire or an accident.
Force for change
Much of the non-compliance that the ECA comes across is because property owners are not well-informed when it comes to the law, and they know even less about their legal responsibilities when it comes to electricity.
An opportunity to be a force for change presented itself late last year, when the ECA was approached by Byrne Millard, who is the Estate Manager in Nelspruit, and a member of the Association for Residential Communities (ARC). He was concerned about compliance with the law and the safety of residents and property, not just at the Estate he manages but countrywide.
“None of us seem to have much idea of how to specify and scope a service level agreement for the maintenance of our infrastructure with our electrical contractors. Words that come to mind are legislation, OHSA, membership with the ECA(SA), costing frameworks, best practice, etc,” said Byrne.
His concerns are being taken very seriously by the ECA and a team will assist Byrne, the ARC, estate managers, trustees, body corporates and homeowners and sectional title owners with the information they need to ensure compliance with the law and the safety of people, pets and property. A draft specification is being compiled by our technical and legal experts and, once complete and approved, it will also be shared on the ECA’s website in a downloadable format.
It’s a small step but it’s a significant step in the right direction!
Erika van Zyl
ECA(SA) National Communications Manager
