Electricity (Safety) Regulations 2010

Periodic assessments

75 Periodic assessments of certain installations

(1)

The owners and operators of the following installations must ensure that the installations are periodically assessed as set out below, to determine whether they are electrically safe and otherwise comply with these regulations:

(a)

low voltage installations in caravan parks: in accordance with AS/NZS 3001, at intervals not exceeding 5 years:

(b)

low voltage installations in boat marinas: in accordance with AS/NZS 3004.1, at intervals not exceeding 5 years:

(c)

low voltage installations at demolition and constructions sites: in accordance with AS/NZS 3012:

(d)

low voltage installations at carnivals and fair grounds: in accordance with AS/NZS 3002, at intervals not exceeding 1 year:

(e)

low voltage installations, other than domestic installations, in hazardous areas: in accordance with AS/NZS 60079.17:

(f)

low voltage and extra-low voltage installations intended for use with electrical medical devices situated—

(i)

in mobile medical facilities: in accordance with NZS 6115:

(ii)

in any other medical location: AS/NZS 3003.

(2)

The assessments referred to in subclause (1)(a) to (c) may be undertaken only by a person who is authorised to assess prescribed electrical work on the relevant kind of installation in the relevant location.

(3)

The assessments referred to in subclause (1)(d) to (f) may be undertaken only by any person with the competencies referred to in the relevant standard specified.

(4)

A person who completes a periodic assessment must—

(a)

complete a record of assessment; and

(b)

in the record of assessment,—

(i)

state whether the assessment was carried out in accordance with a standard (and identify that standard); and

(ii)

state whether the assessment was carried out in accordance with a certified design (and identify that certified design); and

(c)

give the record of assessment to the person requesting the assessment; and

(d)

keep a copy of that record of assessment for at least 3 years, or send a copy to WorkSafe.

(4A)

If the relevant standard prescribes a form for a record of assessment, the record of assessment referred to in subclause (4) must be in that form.

(5)

A person who owns and retains in service an installation that is required by this regulation to be periodically assessed commits an offence and is liable on conviction to a level 1 penalty if the installation is not assessed in accordance with subclause (1).

(6)

A person who does an assessment under this regulation commits an offence and is liable on conviction to a level 2 penalty if he or she,—

(a)

in the case of an assessment referred to in subclause (1)(a) to (c), is not authorised to assess that kind of installation in that location; or

(b)

in the case of an assessment referred to in subclause (1)(d) to (f), does not have the appropriate competencies; or

(c)

fails to comply with subclause (4).

(7)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she uses an installation that is required by this regulation to be periodically assessed knowing that subclause (6) applies to the person who did the inspection.

(8)

To avoid doubt, subclause (1) and the intervals referred to in that subclause apply despite anything to the contrary in any of the standards referred to in that subclause.

Compare: SR 1997/60 r 46

Regulation 75(1)(e): amended, on 10 November 2011, by regulation 31(1) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 75(1)(f)(ii): amended, on 10 November 2011, by regulation 31(2) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 75(2): amended, on 31 December 2013, by regulation 26(1) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(2): amended, on 31 December 2013, by regulation 26(2) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(3): amended, on 31 December 2013, by regulation 26(2) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(4): replaced, on 31 December 2013, by regulation 26(3) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(4A): inserted, on 31 December 2013, by regulation 26(3) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(5): amended, on 31 December 2013, by regulation 26(4) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(5): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 75(5): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 75(6): amended, on 31 December 2013, by regulation 26(5) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(6): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 75(6): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 75(6)(a): amended, on 31 December 2013, by regulation 26(5) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(6)(a): amended, on 31 December 2013, by regulation 26(6) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(6)(b): amended, on 31 December 2013, by regulation 26(5) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(7): amended, on 31 December 2013, by regulation 26(7) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(7): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 75(7): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 75(8): inserted, on 31 December 2013, by regulation 26(8) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).