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Implications of changes in standards and regulations.

This a general question regarding all standards, not just BS 7671.


Until recently I've always understood that if a project was designed/quoted prior to changes in standards/regulations that it was allowed to install to the old regs and not the new regs.


Recently I have been made aware of the advice by the NICEIC which states: "All amendments to regulations are applicable at the point in time/date that the main contract is executed/signed."


Taking that advice literally, this means that that any project quoted before the changes but due to be executed after the changes will need to comply with the new regs. Therefore the line in the sand for compliance is the date the contract is let, not the date it was designed.


A lot of the projects I work on have a long lead time between quote and order (sometimes 18-24 months) and I currently have a few due to drop that require compliance with BS 5839-6, BS 6701, and BS 7671, all of which have been amended since the original design/quotes.


Any advice or your experience of this matter greatly received.


TIA. Simon.
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  • This is actually a very tricky question as it is contract law rather than engineering. The general rule with standards is that they, of themselves, are not mandatory, so just because there is a standard does not mean it has to be complied with. What makes a standard mandatory is either the contract or appropriate legislation. (A good example I tend to use is that there are a multitude of standards, national and international, for domestic plugs and sockets. I am pretty sure there is even an international IEC Standard. However from memory there are only two countries in the whole world that use the international standard, and in the UK the British Standard for plugs and sockets (BS1363) is mandated by regulations. Other standards may be used for particular circumstances where the regulations aren't applicable but this is between the supplier and customer.)

    In most instances the use of specific standards, where not mandated by national legislation, will be specified in the contract between the supplier and customer. This contract will dictate what revision of the standard and the cut off date, the cut off date commonly being the date at which the contract is signed. However it may specify a particular stage in construction or a particular drawing approval, since when you are half way through construction of a big project it is impractical to go back and do a redesign. As an example, the latest UK aircraft carrier project was started about 20 years ago and there have been many changes in the standards since it started. However the date at which the standard list was frozen (in common with all other ship construction - this is not a special case) would have been the date on which the keel was laid, still more than ten years into the project but it prevents cost over-run due to changes in standards (being a military project they find all sorts of other ways to over-run the cost!)

    If you need to find out what amendments are applicable you need to find out what is calling up the standard (contract, national regulation, etc.) and see what is said about what version of the standard is to be used and at what stage the changes are frozen.

    If this is a common problem it may be worth getting involved with the committee that updates the standard so that you are aware of what changes are coming through ahead of time (and may even be able to influence the changes).

    Alasdair
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  • This is actually a very tricky question as it is contract law rather than engineering. The general rule with standards is that they, of themselves, are not mandatory, so just because there is a standard does not mean it has to be complied with. What makes a standard mandatory is either the contract or appropriate legislation. (A good example I tend to use is that there are a multitude of standards, national and international, for domestic plugs and sockets. I am pretty sure there is even an international IEC Standard. However from memory there are only two countries in the whole world that use the international standard, and in the UK the British Standard for plugs and sockets (BS1363) is mandated by regulations. Other standards may be used for particular circumstances where the regulations aren't applicable but this is between the supplier and customer.)

    In most instances the use of specific standards, where not mandated by national legislation, will be specified in the contract between the supplier and customer. This contract will dictate what revision of the standard and the cut off date, the cut off date commonly being the date at which the contract is signed. However it may specify a particular stage in construction or a particular drawing approval, since when you are half way through construction of a big project it is impractical to go back and do a redesign. As an example, the latest UK aircraft carrier project was started about 20 years ago and there have been many changes in the standards since it started. However the date at which the standard list was frozen (in common with all other ship construction - this is not a special case) would have been the date on which the keel was laid, still more than ten years into the project but it prevents cost over-run due to changes in standards (being a military project they find all sorts of other ways to over-run the cost!)

    If you need to find out what amendments are applicable you need to find out what is calling up the standard (contract, national regulation, etc.) and see what is said about what version of the standard is to be used and at what stage the changes are frozen.

    If this is a common problem it may be worth getting involved with the committee that updates the standard so that you are aware of what changes are coming through ahead of time (and may even be able to influence the changes).

    Alasdair
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