Electrical Contractors
The Commission for Energy Regulation regulates electrical and gas contractors. The Commission may appoint electrical medical safety supervisory bodies stuck. Pending such appointment the Commission itself may exercise the regulatory functions.
The Commission or the electrical safety supervisory body must publish criteria relating to:
- Electricity;
- Electrical safety supervision;
- Safety standards to be achieved and maintained by electrical contractors;
- Procedures for designation of recognised trade bodies;
- Services which a trade body may carry out for its members to facilitate its functions
- Standards of training and safety to be achieved and maintained by members of a recognised trade body;
- Procedures to be followed by the recognised trade body in monitoring standards;
- Procedures to be followed by the recognised they bodies for the inspection of work carried out by its members or persons who are not registered electrical contractors;
- Procedures to be followed by recognised trade body with regard to suspension and revocation of membership;
- Matters to be covered by a completion certificate in respect of different classes of electrical work and circumstances in respect of which each such class or certificate shall be used;
- Accounts to be kept by recognised trade bodies;
- Methods by which accounts shall be published.
Recognised Bodies
The Commission or supervisory body may not recognise a trade body unless it is satisfied it is capable of complying with the criteria in respect of its members (who will be registered electrical contractors). It must have the capacity and entitlement to monitor and inspect works, monitor training and safety standards, review training standard, issue direction to contractors regarding training, suspend membership.
A person may not describe himself as a registered electrical contractor or in a manner which suggests that he is without being a member of a recognised trade body.
Contravention is an offence subject to on summary conviction of a fine up to €5,000 or six months imprisonment or both or on indictment €15,000 or up to three years imprisonment.
Compliance and Enforcement
The Commission may appoint persons including its employees to be authorised officers, to conduct inspections, to ensure compliance. Authorised officers must be assisted by the trade bodies and registered electrical contractors.
Where a recognised body decides to suspend or revoke membership the body must inform the Commission and the contractor concerned. An appeal may be made in writing to the Commission from the recognised trade body within 28 days.
The Commission appoints one or more persons as appeal officers to consider the case. The Commission decides having regard to the report of the appeals officer.
The recognised trade body’s fees and charges imposed relating to membership, legislation, inspection and services are subject to approval by the Commission or supervisory body.
A person may not be a member of more than one recognised trade body.
Certification of Works
Works must be carried out in accordance with safety requirements approved by the Commission. Where a registered electrical contractor carries out electrical works within certain categories, a completion certificate must be issued to the person who requested the works to be carried out.
Where specified categories of works requiring a certificate are carried out by a contractor who was not a member of a recognised trade body, the person on whose behalf the works are carried shall request the trade body to arrange for the carrying out of an inspection of the works and if the works meet the requisite safety requirements approved by the Commission for the issue of a completion certificate.
A recognised trade body which receives a request for certification of electrical works must arrange for the carrying out of the inspection and the use of a completion certificate. It will be entitled to charge fees which will be no greater than the tariff for fees and charges published by the designated body.
The Commission specifies the form of the completion certificate to be used and the different forms for circumstances for different types of electrical works. It may make provision for procedures to be followed and records should be maintained by registered electrical contractors and recognised trade bodies in connection with the issue of certificates.
The Commission determines which works are specified works for the purpose of the above section. The Commission may designate certain classes of works to be designated electrical works. Designated electrical works must not be carried out by anyone who is not a registered electrical contractor.
Gas Services
The Commission regulates the activities of natural gas undertakings and natural gas installers. The Commission may appoint a gas safety supervisory body or may itself act as such.
The Commission publishes criteria in relation to:
- Gas safety supervision;
- Safety standards to be achieved by gas installers;
- Procedures to be operated by a person appointed as an approved trade body.
The criteria include:
- Procedures for designation of a trade body;
- Procedures for admission to membership by a recognised trade body;
- Services to be provided by a recognised trade body;
- Standards of training and safety to be achieved;
- Procedures to be followed by the recognised trade body in monitoring standards;
- Procedures to be followed for inspection of works carried out by members;
- Procedures to be followed by recognised trade body in connection with suspension, revocation of membership;
- Matters to be covered by a completion certificate in respect of different categories of work or class of gas work in circumstances in which certificate must be used;
- Accounts to be kept by the recognised trade bodies.
Bodies may not be recognised as trade bodies unless they have the capacity to perform their functions in respect of inspection, training, monitoring, membership.
The Commission approves the fees and tariffs charged by recognised trade bodies in relation to membership, registration and inspection.
Compliance and Enforcement
A registered gas installer must carry out gasworks in accordance with safety requirements, published by the Commission or trade body.
The Commission may appoint an authorised officer to carry out inspections of work carried out by an installer or the subject of a completion certificate. The installer and other contractors or employees must give all reasonable assistance to the authorised officers. He must not be obstructed.
Where a recognised trade body decides to suspend or revoke the membership of a registered gas installer it must inform the Commission and the person concerned of the decision. The installer may appeal in writing to the Commission within 21 days. The Commission appoints an appeals officer to consider the case and further to report.
The Commission decides, having regard to the report whether to confirm, vary or set aside the decision. An appeal shall not be considered if the matter is the subject of Court proceedings.
Certification of Works
A registered gas installer must carry out gasworks in accordance with safety requirements, published by it.
A registered gas installer must issue a completion certificate to a person who requests work to be carried. A person on whose behalf works have been carried out may request the recognised trade body to arrange for inspection of the works. Having so been requested the recognised body arranges for the carrying out of an inspection and having done so advises the gas installer and the person who requested it as to whether they meet the safety requirements.
The recognised trade body is entitled to charge fees and charges in respect of inspection no greater than that set out in the fees of charges published by the body. The tariff must be approved by the Commission.
The Commission specifies a form of completion certificate in respect of gasworks. It specifies the different forms for different circumstances and the procedures to be followed, records to be maintained by registered gas installers in connection with the issue of such certificate.
The Commission may conduct an inspection or audit of the recognised trade body to verify compliance with the requirements.
A person must not describe himself as a registered gas installer or describe himself in a manner that is likely to suggest he is a natural gas installer unless he is a member of a recognised trade body. Doing so is an offence subject to a fine of €5,000 or six months imprisonment on summary conviction or €15,000 or up to three years imprisonment on indictment.
Designated Works and Standards
The Commission may designate certain classes of works to be gasworks. Works in this context mean the installation, removal, repair or replacement of a natural gas fitting.
A person must not carry out works which are gas works so designated unless he is
- a registered gas installer.
- a transmission distribution operator carrying out functions in accordance with its licence.
- a gas emergency officer or
- a gas safety officer.
The Commission may make regulations in relation to gas safety. In particular, they provide for requirements regarding installation and maintenance of natural gas fittings and the conditions to be fulfilled before natural gas may be connected or reconnected to a premises following installation, maintenance, modification or repair. Failure to comply with the requirements is an offence.
Obligations of Owners
There are duties on persons to ensure that natural gas fittings are safely maintained after the point of delivery. In the case of a let dwelling where the person entitled to receive the rent / the landlord must ensure that natural gas fittings are safely maintained.
In the case of a place of business, the tenant as lessee must do so if he is obliged to keep the premises in repair under his lease. In other cases, such person as the Commission may specify in its framework is responsible.
In the case of a common area, the management company responsible for its management is responsible.
Officers and Powers
Gas businesses may appoint gas emergency officers. They have the power to enter and inspect land without giving notice where necessary to protect property or persons from danger arising from gas. They have powers to do various matters including instructing persons to evacuate or restrain from undertaking certain acts, search, cut supply etc.
The Commission may appoint gas safety orders with powers to inspect the gas infrastructure and gas fittings including ventilation fittings. They have powers to enter lands and take emergency action as required. They may instruct persons to evacuate or refrain from undertaking certain acts. They may search for leaks and they may cut supply as necessary. It is an offence to obstruct or fail to comply with gas safety officers’ requirements.
Appointed Bodies
The Commission for Energy Regulation has appointed the Electrical Contractor Safety and Standards Association of Ireland and the Registered Electrical Contractors in Ireland as electrical supervisory bodies under the legislation. It has published rules on controlled works and regulated works details of which are available on the CER website.
The Commission has appointed the Register of Gas Installers Ireland (RGII) as the gas safety supervisory body.