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EWR (1989) - just for thought really on the point of decent Engineering Regs in ref. to Acts/Laws/Statute etc

There is no requirement under EWR to work to BS7671  (if that is not true, the following probably is rendered  irrelevant).


Scenario: its 2019 and there is no RCD protection for a socket recently added to an existing circuit. An unfortunate event happens (someone is electrocuted and dies; worst case) whilst using that socket and as a result the person who carried out the work is prosecuted, as it is argued the presence of the RCD would have prevented it happening. It must matter what that someone was doing when using that socket, so perhaps they were using a vac and ran over and already damaged cord (struggling here for a plausible scenario of something that could go wrong with a newly added socket/no RCD combo). Of course if someone was using other pre-existing socket then there is no case.


Under the EWR, how is it possible to prove legally (and reliably) that by working to other 'standards' (if EWR makes no reference to BS7671 - as it arguabky should never) at the time [of design/construction], was  the cause of the event and the person carrying out the work is at fault  ?    Is there ever going to be a case possible due to not having RCD - of course having RCD has additional protection benefits, but so does never ever going outside, so as to not get run over by a bus.


Im just using lack of RCD as an example on working to a standard not being BS7671 ...it could just as easily be someone designed, built and constructed a whole installation to their own standards - how is it legally decided those standards were not 'good' enough under the EWR (if BS7671 is not statutory as argubly it should never be) ?


(this is most likely in the wrong forum, but posted here as current practitioners to BS7671 might like to comment...or not :-)  )

Parents
  • Easy. You do not meet the letter of the latest BS7671.

    However, so long as you have not made the situation worse, nor failed to meet the essential requirements of the building regulations  no law has been broken.


    What do the building regs  require ? we can get a feel by looking at the approved documents,   Part P here


    (the requirement part of the approved doc is a copy of the relevant  law from the building regs that are the actual law, and is not quite the same question as what is the recommended best way to meet the requirement?, which is the contents of the rest of the document.)

     Requirement Design and installation P1.

    Reasonable provision shall be made in the design and installation of electrical installations in order to protect persons operating, maintaining or altering the installations from fire or injury.

    Limits on application The requirements of this part apply only to electrical installations that are intended to operate at low or extra-low voltage and are:

    (a) in or attached to a dwelling;

    (b) in the common parts of a building serving one or more dwellings, but excluding power supplies to lifts;

    (c) in a building that receives its electricity from a source located within or shared with a dwelling;

    or (d) in a garden or in or on land associated with a building where the electricity is from a source located within or shared with a dwelling.

    Performance

    In the Secretary of State’s view, the requirements of Part P will be met if low voltage and extra-low voltage electrical installations in dwellings are designed and installed so that both of the following conditions are satisfied.

    a. They afford appropriate protection against mechanical and thermal damage.

    b. They do not present electric shock and fire hazards to people



    Now I fully agree that  in the 'how to meet these requirements part, which is the bulk of the rest of the document,  the approved  way to achieve this is indeed BS7671.

    Electrical installations should be designed and installed in accordance with BS 7671:2008

    incorporating Amendment No 1:2011


    And until that is updated, that year, and that amendment, is the proposed  gold standard  in the approved doc, that always meets the legal requirements.

    However, if you wish to go beyond, and use a later version you may, or if you wish to do something different but satisfying the legal requirements  you may, but you must take note of the 'do not make it worse' rule, also statute, and if you are not sure, the arbiters are not you, or me, but your ever hassled local authorities building control officers.


    The general legislation here


    Building work shall be carried out so that, after it has been completed—


    (a)any building which is extended or to which a material alteration is made; or


    (b)any building in, or in connection with, which a controlled service or fitting is provided, extended or materially altered; or


    (c)any controlled service or fitting,


    complies with the applicable requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out.



    My emphasis.

    The fact that JPEL 64 do not like RCD sockets does not mean they do not work, and indeed they are quite an improvement on an installation that has no protection at all.

    Mike.



Reply
  • Easy. You do not meet the letter of the latest BS7671.

    However, so long as you have not made the situation worse, nor failed to meet the essential requirements of the building regulations  no law has been broken.


    What do the building regs  require ? we can get a feel by looking at the approved documents,   Part P here


    (the requirement part of the approved doc is a copy of the relevant  law from the building regs that are the actual law, and is not quite the same question as what is the recommended best way to meet the requirement?, which is the contents of the rest of the document.)

     Requirement Design and installation P1.

    Reasonable provision shall be made in the design and installation of electrical installations in order to protect persons operating, maintaining or altering the installations from fire or injury.

    Limits on application The requirements of this part apply only to electrical installations that are intended to operate at low or extra-low voltage and are:

    (a) in or attached to a dwelling;

    (b) in the common parts of a building serving one or more dwellings, but excluding power supplies to lifts;

    (c) in a building that receives its electricity from a source located within or shared with a dwelling;

    or (d) in a garden or in or on land associated with a building where the electricity is from a source located within or shared with a dwelling.

    Performance

    In the Secretary of State’s view, the requirements of Part P will be met if low voltage and extra-low voltage electrical installations in dwellings are designed and installed so that both of the following conditions are satisfied.

    a. They afford appropriate protection against mechanical and thermal damage.

    b. They do not present electric shock and fire hazards to people



    Now I fully agree that  in the 'how to meet these requirements part, which is the bulk of the rest of the document,  the approved  way to achieve this is indeed BS7671.

    Electrical installations should be designed and installed in accordance with BS 7671:2008

    incorporating Amendment No 1:2011


    And until that is updated, that year, and that amendment, is the proposed  gold standard  in the approved doc, that always meets the legal requirements.

    However, if you wish to go beyond, and use a later version you may, or if you wish to do something different but satisfying the legal requirements  you may, but you must take note of the 'do not make it worse' rule, also statute, and if you are not sure, the arbiters are not you, or me, but your ever hassled local authorities building control officers.


    The general legislation here


    Building work shall be carried out so that, after it has been completed—


    (a)any building which is extended or to which a material alteration is made; or


    (b)any building in, or in connection with, which a controlled service or fitting is provided, extended or materially altered; or


    (c)any controlled service or fitting,


    complies with the applicable requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out.



    My emphasis.

    The fact that JPEL 64 do not like RCD sockets does not mean they do not work, and indeed they are quite an improvement on an installation that has no protection at all.

    Mike.



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