Electricity Act Reg 82(2)

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PeteRig
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Electricity Act Reg 82(2)

Post by PeteRig »

Surely this regulation doesn't apply to selling a house/building?
AlecK
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Re: Electricity Act Reg 82(2)

Post by AlecK »

Why wouldn't it?
It can't be OK for anyone to apply a false tag / marking.
And it can't be OK for stuff marked as CCA compliant - and therefore allowed to be sold in NZ under ESR 80(2)
- to be sold if it doesn't meet the requirements for the marking.
Just 'cos something's been installed into a house doesn't magically make if safe or compliant.
PeteRig
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Re: Electricity Act Reg 82(2)

Post by PeteRig »

So are you saying that if you sell a house that is 40 years for example the seller needs to prove it is safe to sell and been tested and certified to the regs?
AlecK
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Re: Electricity Act Reg 82(2)

Post by AlecK »

Technically, yes; ESR 80 requires the fittings that make up the electrical installation in a house to be electrically safe when sold / offered for sale.
Note that ESR 80 applies to both new & used; and nothing restricts it to apply only to fittings that are not part of an installation.

But that's not what ESR 82 is about.
82 is about (1) tagging and (2) CCC marking.
Neither clause of this ESR requires any tag / mark; but if there is a tag /mark it must be kosher.
So applying a false tag / mark is an offence; and so's selling anything with a CCC mark that doesn't actually comply with CCA.

The only way you'd get something in a house that had a CCC mark is if someone installed it; and they should have checked before doing so.
Before that, it had to be imported from China (and if it's a DMRA, the importer should have issued an SDoC) .
As installers, we can rely on SDoCs ; but nothing says we can rely on a CCC marking.

It's not about catching ordinary home sales; but nobody should be able to avoid safety requirements just by incorporating fittings into an installation.
We have CKD living units arriving pre-wired from Chinese factories, and most of us would want those fittings to be just as safe as for a NZ-built house.
PeteRig
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Re: Electricity Act Reg 82(2)

Post by PeteRig »

Hi Alec, do you mean Reg 82 in the ACT not ESR 82?
Nathan
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Re: Electricity Act Reg 82(2)

Post by Nathan »

I think you mean clause 82 (2) in the act?
My take is in theory it shouldn't be a issue seeing as any work on a electrical installation has to be certified and tested before it is livened.
In practice I doubt anyone selling a house isnt going to admit any non compliant work on it anyway....
AlecK
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Re: Electricity Act Reg 82(2)

Post by AlecK »

Sorry; I assumed you meant "Regulation" (as in ESRs) and not "Section" (as in Act).

Clause (2) of Section 82 doesn't mean that eg a house for sale has to be specially tested.
It just makes it illegal to sell the house (or other installation / works / appliance) unless all PEW that has been done in it has been duly tested & certified.

Eg homeowner doing work themselves without it being checked, tested, and connected by an inspector; and then selling the house to some poor unsuspecting buyer.
PeteRig
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Re: Electricity Act Reg 82(2)

Post by PeteRig »

Thanks Alec, as I mentioned above though, makes it hard to know if things have been certified eg 40 years, so where would that leave a homeowner if for example a new purchaser picked up that there was illegal or non compliant work done at some period, is the seller liable, a good lawyer may say he is possibly?
AlecK
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Re: Electricity Act Reg 82(2)

Post by AlecK »

Yes a case could well be made along those lines

Of course any prospective purchaser should be asking for that sort of info, as well as having a pre-purchase check.
Up to 1993 all work had to be permitted by Supply Authority; though these records may not still be available
High risk work in recent years will be on the database.

And a good case can be made for owners keeping a dossier of such matters (not just electrical); and passing it on to the new owner.
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