Electric Fences: What Every Homeowner Needs to Know
By Erika van Zyl, ECA(SA) National Communications Manager
In South Africa, electric fences are a popular security solution for commercial, industrial and domestic installations, but many homeowners have no idea of the legal requirements for their electric fences or that such requirements even exist.
Although electric fences may be considered the most effective method of deterring intruders, it should always be remembered that unlike alarm systems and CCTV cameras, electric fences are potentially dangerous.
Why the need for new laws for electric fences?
Although there was legislation for non-lethal electric fencing in the 1980s, it was largely unregulated as electric fencing was primarily installed on farms. Then, with electric fences becoming more common in cities and suburbs, it became necessary to update legislation to protect the public. At that time, “loopholes” in the legislation were being exploited by a proliferation of “electric fence installers” as Tom, Dick and Harry jumped on the bandwagon and installed electric fences – and the unwitting public had no no way to know if their fences were safe and/or compliant.
On March 25, 2011, the government published amendments to the Electrical Machinery Regulations under the Occupational Health and Safety Act No. 85 of 1983. Some of these amendments related to non-lethal electric fencing and sought to establish product and assembly standards to protect consumers. potentially dangerous products and inferior installation methods. The new laws also aimed to eliminate telephone, television, and wireless interference resulting from improperly installed systems and questionable grounding.
The amendments tightened up the industry and made it mandatory for electric fence installers to undergo rigorous training before they can register with the Department of Labor as an electric fence system installer.
The new laws also had far-reaching implications for landowners.
What do the new laws mean for landlords?
Enforcement of these new laws took effect on October 1, 2012 and placed all responsibility for compliance on the owner’s shoulders. Section 12 of the “Electric Fences” section of the Electric Machinery Regulations under the OHS Act requires the user or lessor to ensure that any new, repaired, reinstalled, rethreaded, extended or improved electric fence or installed after October 1, 2012 conforms to the installation. , materials and quality specifications in SANS 10222-3 (including any subsequent amendments); and that the system has a valid Electric Fence System (EFC) Certificate of Conformity issued by a registered Electric Fence System Installer (EFSI).
Owners should also be aware that sellers, importers and manufacturers of electric fence energizers must be able to prove that energizers comply with SANS 60335-2-76 by producing a certificate issued by a testing laboratory accredited, which is recognized by the accreditation authority.
A National Compulsory Standards Regulator (NRCS) Letter of Authorization (LOA) for the energizer is also required and must be produced by the seller, importer or manufacturer.
ECA(SA) advises owners to request the energizer certificate from the installer and keep it together with the EFC in a safe place along with any other certificates of compliance.
EFC validity
The EFC is valid indefinitely as long as there are no major alterations or modifications to the installation – minor repairs such as fixing broken wires or replacing coils do not require a new EFC; replacement of the energizer would require a new CFE.
EFCs can be transferred from the seller to the buyer, but only if no changes have been made to the system after the certificate has been issued by a registered EFSI. The original certificate must be given to the buyer when transferring ownership and the new owner must be informed of his legal obligations.
What about electric fences installed before October 1, 2012?
Although an EFC is not required for electric fences installed before October 1, 2012, when selling the property, the owner will need to obtain an EFC. The registered person will issue an EFC based on the legislation in force at the time the fence is installed and provided that the electric fence has adequate earthing, the necessary warning signs, a compliant energizer – and that it is safe.
If an EFSI finds that an electric fence is faulty or faulty, they must refuse to issue the EFC.
Electric fences installed before October 1, 2012 will also require an EFC when performing any major repairs or modifications to the system.
Who Needs an Electric Fence Certificate?
All properties with electric fences must have an EFC – commercial, industrial, commercial, residential, freehold or sectional title, corporations, homeowners associations, townhouses, complexes, subdivisions, business parks; wherever the public can have lawful access without permission from the owner.
Although section title properties do not require an EFC to complete the transfer, corporations and business entities are legally responsible for the electric fence systems on their properties…And they can be sued if their electric fence is found not to be. compliant, and they could end up in civil court if someone was hurt by their non-compliant fence.
A registered EFSI who installs, modifies or extends an electric fence system must ensure that an EFS certificate is issued for this work when completed.
Who can install electric fence systems?
Electric fence installations can only be carried out – and a Certificate of Conformity therefore issued – by a registered Electric Fence System Installer (EFSI), in accordance with the Electric Machinery Regulations of the Electricity Fence Act 85 of 1993. occupational health and safety.
A registered electrician can only install an electric fence system if they are also qualified in terms of electric fence laws and have been registered as an electric fence installer with the DoL.
The owner must confirm that the installer is registered before allowing them to install an electric fence system on the property and issue the EFC.
Does my electric CoC cover the electric fence?
The short answer is no’. The electric CoC falls under the Electrical Installations Regulations (EIR) of the OHS Act, and the electric fence certificate falls under the Electric Machinery Regulations of the OHS Act.
The electric fence certificate (EFC) is required in addition to the certificate of electrical conformity (CoC) that owners must have.
Where a property with an electric fence is sold, the Electric CoC and EFC must be filed with the conveyancing solicitor before the conveyance can take place.
What if I don’t have an electric fence certificate?
A CEF must be produced at the request of a Ministry of Labor inspector.
Without a valid electric fence system compliance certificate, owners, corporations, business entities, and homeowners associations become civilly and criminally liable for injuries caused by their electric fence system.
If an electric fence is found to be non-compliant, the owner will need to have the system upgraded by a licensed installer to comply with the legislation within a specified time, or the owner will be required to remove the entire system.
More importantly, non-compliance has potentially costly consequences for homeowners who submit an insurance claim for a damaged electric fence, stolen household contents, or find themselves on the wrong side of a personal liability claim and have also criminal charges to face.
If the electric fence system does not comply and/or does not have an EFC and the fence is damaged, for example by a falling tree or the energizer is destroyed by lightning, the company insurance may not pay. This could also be the case if the homeowner has listed electric fencing as a security measure and then submits a claim for items stolen in a burglary. A liability claim could also end rather badly if someone – a visitor, an employee, a neighbor’s child – is electrocuted or injured by the fence and the owner does not have the required CFE.
What does an EFC look like?
The ECA(SA) electric fence certificate is a single page and light green in color, and each certificate has its own unique number.
The EFSI may attach other documents to the certificate, such as
- A copy of the installer registration document.
- A copy of the energizer’s certificate of conformity issued by an accredited testing laboratory.
- All applicable hardware specifications.
- A detailed drawing of the installation.
- A brochure or document that describes the legal obligations of the owner regarding an electric fence.
- Information for the owner on the maintenance of the electric fence.
What else should the homeowner know about electric fences?
Electric fences must comply with the Electrical Safety Installations Regulations, which means that:
- Regulation 11 of the Electrical Machinery Regulations under the Health and Safety at Work Act No. 85 of 1983 must be fully complied with.
- If the brackets extend to the neighboring property, the neighbor’s consent is required.
- Placement and positioning of brackets is important, so if angled brackets are used, the maximum outward angle is 45 degrees; and they must be installed inside the boundary wall.
- Electric fences above walls should be at least 1.5m above ground level.
- The fence must be installed and operated in such a way that it will not be dangerous or allow people or animals to become entangled in the wires.
- Barbed or razor wire cannot be electrified.
- Electric fencing installed along public roads or pathways should be identified with compliant yellow warning signs of at least 100mm x 200mm, which are also required at all gates and access points. In urban areas, the spacing between warning signs should not exceed 10m.
- People and animals must not be able to get entangled in the fence.
Does ECA offer training for installers of fencing systems?
Yes, the ECA offers an EWSETA Accredited Electric Fence System Installer course at the ECA (SA) Training Center in Meadowdale for qualified electricians who have passed the Electrical Trades Test and are licensed as a wire fitter single-phase – Installation Electricians or Master Installation Electricians.
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