All electrical contractors are required by law to be registered with Department of Labour and ensure that all electrical work is performed in accordance with legislative requirements and any applicable codes of practice and technical standards. This registration entitles them to issue Certificates of Compliance – legally.
Unregistered pirate contractors simply ignore such obligations. Do people who employ the services of ‘pirate’ electrical contractors realise that their choice of electrician – usually based on price – may have deadly consequences? Or that the electrical installation may be unsafe but, because of the latent nature of some electrical faults, the danger may not be immediately apparent?
Using an unregistered electrician is not only illegal, it can also invalidate insurance cover, and in the event of an electrical fire, the insurer can refuse to pay any claims if the CoC for the property was issued fraudulently by a pirate contractor and/or is not valid and up-to-date to include all alterations that may have been done to the electrical installation. If a claim has been rejected by the insurer, a civil claim against the ‘pirate’ contractor would be futile.
Cecil Lancaster, the ECA(SA)’s Regional Director in the Bosveld region, says that although the average homeowner may not read or even be aware of the Electrical Installation Regulations, in South African law the rule ‘ignorance of the law is no excuse’ (‘Ignorantia juris non excusat’) is applied. That’s the bad news. There is no good news.
In South Africa, pirate electrical contractors who operate without being legally registered seem to do so with impunity. Clause 6 (1) of the Occupational Health and Safety Act No 85 of 1993 (incorporated under the Electrical Installation Regulations) states that “no person may do electrical work as an electrical contractor unless that person has been registered as an electrical contractor in terms of these regulations”.
There’s nothing ambiguous there; but does the punishment for operating without being registered actually fit the crime? The offences and penalties in Clause 15 of the Electrical Installation Regulations (2009), state that anyone who fails to comply with the regulations “shall be guilty of an offence and liable upon conviction to a fine or to imprisonment for a maximum period of 12 months and, in the case of a continuous offence, to an additional fine of R200.00 for each day on which the offence continues …”.
This could very well be part of the problem. It’s just a slap on the wrist when compared to other countries. In New York, the criminal penalties for performing electrical work without a license were recently increased from $5 000 to $25 000 and the maximum prison term from six months to one year. In Queensland, Australia,
DIY electrical work is regarded as unlicensed electrical work, which is illegal, and has penalties of up to $40 000 for individuals. A breach that exposes an individual to a risk of death, serious injury or illness attracts a maximum penalty of $600 000 for an individual and $3 000 000 for a corporation or five years’ imprisonment. Generally, homeowners don’t have a clue whether electrical work done on their properties is legal or not because they don’t know much about electrical installations and electrical Certificates of Compliance (CoC), and this ignorance leaves them vulnerable and at risk. For homeowners, using an electrical contractor who’s a member of the ECA is a wise choice because while not all electrical contractors are members of the ECA(SA), all ECA members are registered electrical contractors – and their work is covered by the ECA’s Workmanship Guarantee.
Certificate of Compliance FAQs
To assist homeowners, the ECA has compiled a list of frequently asked questions about the electrical Certificate of Compliance:
How long is an electrical CoC valid for?
The Electrical Installation regulations state that a Certificate of Compliance is valid for two years for purposes of transfer. Regulation 7(5) states: Subject to the provisions of section 10(4) of the Act, the user or lessor may not allow a change of ownership if the certificate of compliance is older than two years. A CoC is valid for the lifetime of an installation but excludes maintenance items, and if any alterations have been done to the electrical installation, the owner/lessor must obtain a supplementary CoC according to clause 7(4) which states: Where any addition or alteration has been effected to an electrical installation for which a certificate of compliance was previously issued, the user or lessor of such electrical installation shall obtain a certificate of compliance for at least the addition or alteration.
Who can issue a CoC?
Only a Registered Electrical Contractor may issue a CoC after he/ she has inspected and tested the electrical installation and found it to be reasonably safe. If any fault or defect is detected in any part of the electrical installation, the Registered Person must refuse to issue a CoC until that fault or defect has been rectified. Any CoC that has been fraudulently issued by an unregistered electrician is illegal and invalid and could endanger the lives of people and pets and damage or destroy property.
How long does it take for an electrical contractor to inspect and test a property in order to issue a CoC?
This can take anything between two and three hours. Be wary if an ‘electrical contractor’ issues a CoC in 30 minutes. Be very suspicious of street pole advertising that offers CoCs for R700 or less. Remember, you get what you pay for. Depending on the location and size of an installation, a legal CoC would cost between R1 500 to R3 000 or more.
Do I need a CoC when I do alterations to electrical work?
Yes. A CoC must be issued when any alterations are done to an electrical installation. For example, if traditional lighting is replaced by downlights, the electrical contractor must ensure that a valid CoC is issued for that work. Where any addition or alteration has been done to an electrical installation for which a CoC has already been issued, the user or lessor of that electrical installation must get a supplementary CoC for the addition or alteration. Both CoCs must be kept in a safe place.
How do I know if an electrical contractor is registered?
If the electrical contractor is an ECA member, he/she is certainly registered because it is a condition of membership. If an electrical contractor is not a member of the ECA, it is best to ask to see his/her registration certificate from the Department of Labour. If there is any doubt about the registration, take note of the registration number and contact the Department of Labour to verify that the electrical contractor is indeed registered.
Crown Publications – http://crown.co.za/latest-news/sparks-electrical-news-latest-news/9440-the-consequences-of-homeowners-using-unregistered-electrical-contractors