The EICR is not restricted to domestic or the new landlord rules. It has been done for years to satisfy the electricity at work act. The normal is to test 20% each year, and a different 20%, so over 5 years likely all has been tested, but this is controlled by the building manager, it is also only part of the electrical testing, we also have the inspection and testing of in-service electrical equipment, and often two different people do the two tests. In fact often more than two people where vending machines and central heating boilers are inspected by experts in the field.
Often there is a little give and take and agreement is reached about who tests what, but for example the chandeliers in my living and dinning room would be tested by the in-service electrical equipment guy, but supply to the plug in ceiling rose would be the EICR guy, the EICR as name suggests is just the installation, not the equipment in the installation.
BS 7671:2008 said:
The Regulations apply to items of electrical equipment only so far as selection and application of the equipment in the installation are concerned. The Regulations do not deal with requirements for the construction of assemblies of electrical equipment, which are required to comply with appropriate standards.
I would guess the 2018 version very similar, so only the installation.
However
Building regulations 2010 said:
“electrical installation” means fixed electrical cables or fixed electrical equipment located on
the consumer’s side of the electricity supply meter;
so if not portable then would be considered as fixed, and the definition between portable and fixed depends on weight and if it has wheels, so the concrete batching plant I worked on which was transported with 22 articulated wagons is considered portable, as it has wheels, but my washing machine is fixed as over weight and no wheels. There was a time with old Bendix washing machines when they were bolted to the floor.
The boiler is a problem, as often you need to be gas safe to remove covers, so the electrician could not check even if he wanted to. So we have a poorly worded law. This is also common, it is a case of let the courts decide. So once people are taken to court, we will build up case law, but to do an EICR all it says is “qualified person” means a person competent to undertake the inspection and testing required under regulation 3(1) and any further investigative or remedial work in accordance with the electrical safety standards;
I do note that he must be able to do the remedial work, so the guy doing the home buyers report in spite of likely having a degree, may not qualify as a qualified person, but this is a grey area, there is nothing to say the inspector must use codes
- C1 = Danger Present (FAIL)
- C2 = Potentially Dangerous (FAIL)
- C3 = Improvement Recommended.
- FI = Further Investigation Required (FAIL)
- N/V = Not Verified (Unable to verify)
- N/A = Not Applicable.
- LIM = Limitation (Not tested or inspected)
He can submit a written report, and lets face it 230 volt is Potentially Dangerous, so although one can quote the IP codes for dangerous, the Potentially Dangerous is rather open, and if the inspector decided not to use C2 no one can say he is wrong, he could class all as C3.
The FI code would apply where visual inspection has noted some thing wrong with the DNO equipment, yet it is not on the consumers side so not part of the Landlord regulations.
But if I was to inspect a small flat which was only built 5 years ago, it may be clear there is nothing wrong, it would take more than 15 minutes to take the readings required to complete the standard form, but when I did my C&G 2391 I was given around an hour to test a small board, and really not enough time, if I did a house to same standard not sure I could do it in a day, and remember one can't walk away from a dangerous installation, so one must allow time to remove danger, this could be drop tails for a circuit or put a lock on the MCB, but it could also mean waiting for the DNO, so most electricians I know will only attempt two EICR's per day, larger firms may be able to cover when the electrician is delayed, but if the home is not inhabitable it is down to the electrician to find alternative accommodation, daft as he does not need to pay for it, so a call to most expensive hotel in town will do.
However either he needs to make safe, or arrange for some where else to live for the occupants. So this would normally mean disconnecting the faulty circuit. Since I use to live in a caravan with no mains power, I do wonder what is required to make some where inhabitable? Think lights, heating if winter, and water, and means of cooking. I have a torch, portable gas hob and bottle, and aqua-role so with no electric would say house was inhabitable. No worse to living in tent.
But as to court case, one which comes to mind is Emma Shaw, she was killed by an electric shock, and it was due to a whole list of things done wrong, but at the end it was the guy who employed the electricians mate to do the testing, as it was said he should have realised he did not have the skill required.
So if an person does an EICR in 15 minutes then it would seem home owner is the one to blame, as he knows he can't do the inspection in that time. We have the same where some one does 500 PAT tests per day, the building manager should know that can't be done, if unaware that he was only in home 15 minutes then maybe the tester at fault, but from the Emma Shaw case, it would seem if the guy does not have C&G 2391 then it is down to home owner, he should not have employed some one not qualified.
If the guy says he has the qualifications even if they turn out to be false, then likely the guy would be guilty, but I read the Emma Shaw report and thought that could have been me, I have used an electricians mate to take readings, also had some so called tradesmen who have told me they trained as an electrician but he was fitting a shower for me, and did a good job. But as home owner it is up to me to ensure regulations are complied with, for example planning permission, although the builder may arrange it all for me, it is up to me to ensure it is done.
The only exception seems to be Part P, where if the electrician has anything which points to being a scheme member, be it sign written van, or headed paperwork, or even an internet advert, then if he does not register the work, he is committing the offence.
I have questioned the use of forms with scheme providers logo on them, as the home owner is not likely to know what colour form is required to do it under a scheme, so if it has a scheme providers logo on them, one would expect to be done under the scheme system, but it seems this is not the case, you can buy the forms from electrical outlets with logo on them. Since it is a free down load from IET why would anyone buy a pad of forms unless trying to con people into thinking done under the scheme?
