RCD / Safety Switch Exceptions

16. Exception in the case of demolition

(1) An owner of residential premises is not required to comply with regulation 13(a) or 14(a) if the owner gives to the Director a written statement, signed by the person to whom the premises are to be transferred, that the premises are to be demolished by that person on or before a date specified in the statement.

(2) The date specified in a statement under subregulation (1) must not be more than 6 months after the transfer of the premises.

(3) An owner of residential premises is not required to comply with regulation 14(d) if the owner gives to the Director a written statement that the premises are to be demolished on or before a date specified in the statement.

(4) An owner of common property relating to residential premises is not required to comply with regulation 15 if the owner gives to the Director a written statement that all residential premises forming part of the scheme are to be demolished on or before a date specified in the statement.

(5) The date specified in a statement under subregulation (3) or (4) must not be more than 6 months after the second anniversary of the commencement day.

(6) Except as provided in regulation 17, if subregulation (1) or (3) applies and the residential premises are not demolished by the date specified in the statement, the owner of the premises must ensure that at least 2 residual current devices are installed in relation to the premises as soon as is practicable after the date specified in the statement.

(7) If subregulation (4) applies and the residential premises are not demolished by the date specified in the statement, the owner of the premises must ensure that at least one residual current device per switchboard is installed in relation to the common property as soon as is practicable after the date specified in the statement.

17. Exception in the case of lack of appropriate switchboard

An owner of residential premises is not required to comply with regulation 13, 14 or 16(6) if:

(a) the premises do not have — (i) a switchboard; or (ii) a switchboard that can accommodate 2 residual current devices, located on those premises; and

(b) an inspector is of the opinion that it is impractical to install 2 residual current devices in relation to the premises and gives written notice of that opinion to the owner; and

(c) the owner installs one residual current device in relation to the premises.

18. Inspection and inquiry

(1) An inspector is authorised to inspect, or make inquiry in relation to, the installation of residual current devices under this Part.

(2) Without limiting subregulation (1), an inspector who has reasonable grounds to suspect that a residual current device has not been installed in relation to residential premises as required by regulation 13, 14 or 16(6), or in relation to common property relating to residential premises as required by regulation 15 or 16(7), may serve on an owner of those premises or that property a written request to provide proof of that installation in the form of either — (a) a written statement to that effect — (i) in a form approved by the Director; and (ii) signed by a person who holds an electrical contractor’s licence as defined in Electricity (Licensing) Regulations 1991 regulation 3(1); or (b) a written statement from the relevant local government to the effect that the first building licence relating to the construction of the premises was granted after 1 January 2000.

(3) In proceedings against an owner of premises or property for an offence under regulation 13, 14, 15 or 16(6) or (7), evidence that the owner — (a) was served with a request under subregulation (2); and (b) failed to provide the requested proof within 28 days after the service, is, in the absence of evidence to the contrary, proof that on the day of the alleged offence the residual current device or devices sufficient for compliance with that regulation were not installed in relation to the premises.

Call us now on 1300 GO FUSION (46 3874) or visit our contact page.