Would I be correct in guessing that there is nothing legally stopping a homeowner buying and installing these as a direct replacement?
I dont think they could be used for example to replace a batten holder in a room with multiple downlights by a homeowner as that would need inspection and they should fail that without the correct rating on them?
Being a DMRA ESR 83 says (2) A declared medium risk article may not be sold, offered for sale, supplied, or
offered for supply unless—
(a) the supplier (being the New Zealand manufacturer or importer) has made
a supplier declaration of conformity in respect of the article; or
(b) the article is deemed to be approved by WorkSafe under regulation 83A
and all relevant terms and conditions of the deemed approval are com-
So if they are the NZ manufacturer or importer then they must have an SDoC, if they aren't then it's not up to them it's up to whoever is NZ manufacturer or importer
ESR 83 (4) says a "person who sells, offers for sale, supplies, or offers for supply" commits an offense if they fail to meet any of the conditions of ESR 83 (4)
I suppose it all comes down to of they are the NZ manufacturer or importer or not, but if they are you also need to.confirm if there is a SDoC or not
In this case the importer would be the homeowner, as they are not offering it for sale or suppling it for anyone im not sure that applies.
Its not something I have seen happen but was just interested as it appears to be a bit of a loophole in the rules
This isn't something I'm super well versed in but just trying to offer some input, some others may be able to offer more assistance
I believe that no offence would be committed by anyone if such fittings were installed, either by homeowner or by an electrician.
However it's likely an offence would be committed if the house was later sold while including the fittings.
But it's a procedural offence, relating to a failure of paperwork; and unlikely to be prosecuted .
The purpose of the requirements for DMRAs & DHRAs is to avoid having the NZ market flooded with cheap crap.
A one-off importation of a few fittings isn't significant.
Regardless of the SDoC though, the responsibility of electrical safety falls on the person who installs and certifys them so they would have to check and confirm what the need to to be satisfied which such, correct?
Unless of course like you say, homeowner buys them and changes existing fittings themself?
I suppose its mixture of (as you mentioned) its such a small amount of lights that its not a big deal, and that its now easier to buy things from overseas than when the rules were written
Regardless of source. & regardless of SDoC / Approval; responsibility for everything that gets connected rests on the person who connects it.
If connected by an electrician, there has to be an ESC.
Replacing a light fitting is within scope of work under homeowner exemption [57(3)(d)]
I can't see anything that prevents ESR 74A applying to work done under ESR 57; so an ESC appears to be required here also.
Not that there would be any real point in a homeowner issuing one to him / herself