Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 (Qld)

Queensland Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 274 made under the Electrical Safety Act 2002 State Penalties Enforcement Act 1999 Contents Part 1 1 2 Part 2 3 4 5 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Electrical Safety Regulation 2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 77 (Definitions for div 4) . . . . . . . . . . . . . . . . . . 3 Insertion of new pt 5, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 4A Installation of ceiling insulation Subdivision 1 Preliminary 81A Purpose of div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Subdivision 2 Installation of all ceiling insulation 81B Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 4 81C Metal or other conductive fasteners not to be used to install ceiling insulation. . . . . . . . . . . . . . . . . . . . . . . . 4 81D Installation must comply with wiring rules, cl 4.5.2.3 . 5 81E Training for assessment of electrical risk . . . . . . . . . . 5 81F Assessment of electrical risk . . . . . . . . . . . . . . . . . . . 5 Subdivision 3 Installation of electrically conductive ceiling insulation

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Contents 6 7 Part 3 8 9 Part 4 10 81G Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 81H Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 81I Requirement for electrical safety inspection and test . 81J Requirement for approved safety switch or permanent marking for electrical circuits . . . . . . . . . . 81K Installation requirements for non-capable circuits . . . Insertion of new pt 6, div 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8A Requirement for warning sign for sale of particular electrical equipment 120A Definition for div 8A . . . . . . . . . . . . . . . . . . . . . . . . . . 120B Application of div 8A. . . . . . . . . . . . . . . . . . . . . . . . . . 120C Requirement to display DIY warning sign. . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . Repeals Repeal of notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 6 7 8 8 8 9 9 10 11 11 11 Page 2 2010 SL No. 274

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 . 2 Commencement (1) This regulation, other than section 6 and part 3, commences on 1 October 2010. (2) Section 6 and part 3 commence on 1 July 2011. Part 2 Amendment of Electrical Safety Regulation 2002 3 Regulation amended This part amends the Electrical Safety Regulation 2002. 4 Amendment of s 77 (Definitions for div 4) Section 77, definition approved safety switch — omit. 5 Insertion of new pt 5, div 4A Part 5— insert— 2010 SL No. 274 Page 3

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Part 2 Amendment of Electrical Safety Regulation 2002 [s 5] ‘Division 4A Installation of ceiling insulation ‘Subdivision 1 Preliminary ‘81A Purpose of div 4A ‘(1) This division, other than section 81C(2), prescribes a way of discharging the electrical safety obligation of an employer or self-employed person to ensure that the person’s business or undertaking is conducted in a way that is electrically safe. ‘(2) Section 81C(2) prescribes a way of discharging the electrical safety obligation of a worker not to wilfully place any person, including the worker, at a place where electrical equipment is located, in electrical risk. ‘Subdivision 2 Installation of all ceiling insulation ‘81B Application of sdiv 2 ‘(1) This subdivision, other than section 81C(2), applies to an employer or self-employed person who conducts a business or undertaking that includes the installation of ceiling insulation. ‘(2) Section 81C(2) applies to a worker who does work that includes the installation of ceiling insulation. ‘81C Metal or other conductive fasteners not to be used to install ceiling insulation ‘(1) The employer or self-employed person must ensure that ceiling insulation is not fastened to the ceiling structure of a building with metal or any other form of conductive fastener. ‘(2) The worker must not fasten ceiling insulation to the ceiling structure of a building with metal or any other form of conductive fastener. Page 4 2010 SL No. 274

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Part 2 Amendment of Electrical Safety Regulation 2002 [s 5] ‘81D Installation must comply with wiring rules, cl 4.5.2.3 ‘The employer or self-employed person must ensure that ceiling insulation is installed in a building in a way that complies with the wiring rules, clause 4.5.2.3 as in force from time to time. Notes — 1 The wiring rules, clause 4.5.2.3 deals with recessed luminaires and their auxiliary equipment. 2 Clause 4.5.2.3 is available on the department’s website. ‘81E Training for assessment of electrical risk ‘The employer or self-employed person must ensure that the employer or self-employed person and all persons employed or engaged by the employer or self-employed person who install ceiling insulation in a building are trained in carrying out an assessment of the electrical risk from the installation of ceiling insulation. ‘81F Assessment of electrical risk ‘(1) The employer or self-employed person must ensure that, before the start of the installation in a building of ceiling insulation— (a) an on-site operational assessment of the electrical risk from the installation of the ceiling insulation is conducted; and (b) any control measures necessary to prevent a person’s exposure to the electrical risk are implemented. ‘(2) The employer or self-employed person must keep a record of the on-site operational assessment for at least 5 years after the assessment is conducted. Maximum penalty for subsection (2)—20 penalty units. 2010 SL No. 274 Page 5

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Part 2 Amendment of Electrical Safety Regulation 2002 [s 5] ‘Subdivision 3 Installation of electrically conductive ceiling insulation ‘81G Definitions for sdiv 3 ‘In this subdivision— capable circuit means an electrical circuit on which an approved safety switch is capable of effective operation. electrically conductive ceiling insulation — (a) means a product used, or to be used, as ceiling insulation that is readily able to conduct electricity; and (b) does not include metal foil batts. non-capable circuit means an electrical circuit on which an approved safety switch is not capable of effective operation. Examples of non-capable circuits — • consumer mains • submains in particular circumstances ‘81H Application of sdiv 3 ‘This subdivision applies to an employer or self-employed person who conducts a business or undertaking that includes the installation of electrically conductive ceiling insulation. ‘81I Requirement for electrical safety inspection and test ‘(1) The employer or self-employed person must, before the start of the installation in a building of electrically conductive ceiling insulation, obtain a certificate from a licensed electrical contractor stating that— (a) the contractor has inspected and tested the existing electrical installation in the ceiling structure of the building; and Page 6 2010 SL No. 274

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Part 2 Amendment of Electrical Safety Regulation 2002 [s 5] (b) the contractor is satisfied that the existing electrical installation in the ceiling structure of the building is electrically safe. ‘(2) The employer or self-employed person must keep the certificate mentioned in subsection (1) for at least 5 years after the employer or self-employed person is given the certificate. Maximum penalty for subsection (2)—20 penalty units. ‘81J Requirement for approved safety switch or permanent marking for electrical circuits ‘(1) The employer or self-employed person must, before the start of the installation in a building of electrically conductive ceiling insulation, obtain a certificate from a licensed electrical contractor stating that— (a) an approved safety switch has been installed on each capable circuit located in the ceiling structure of the building; and (b) each non-capable circuit located in the ceiling structure of the building is identified and clearly marked. ‘(2) For subsection (1)(b), a non-capable circuit is clearly marked only if the non-capable circuit is permanently marked— (a) in a way that distinguishes the non-capable circuit from capable circuits located in the ceiling structure; and (b) at intervals of not more than 1m, to the extent that it is reasonably practicable. ‘(3) The certificate mentioned in subsection (1) must explain the way in which non-capable circuits located in the ceiling structure have been permanently marked to distinguish them from capable circuits located in the ceiling structure. Example — If a non-capable circuit has been marked with durable high visibility tags, the certificate must explain this. 2010 SL No. 274 Page 7

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Part 2 Amendment of Electrical Safety Regulation 2002 [s 6] ‘(4) The employer or self-employed person must keep the certificate mentioned in subsection (1) for at least 5 years after the employer or self-employed person is given the certificate. Maximum penalty for subsection (4)—20 penalty units. ‘81K Installation requirements for non-capable circuits ‘The employer or self-employed person must ensure that electrically conductive ceiling insulation installed in a building— (a) does not cover, in whole or in part, any non-capable circuit located in the ceiling structure of the building; and (b) is installed at least 25mm away from any non-capable circuit located in the ceiling structure of the building.’. 6 Insertion of new pt 6, div 8A Part 6, after section 120— insert— ‘Division 8A Requirement for warning sign for sale of particular electrical equipment ‘120A Definition for div 8A ‘In this division— particular electrical equipment means electrical equipment the installation, testing, maintenance, repair, alteration, removal, or replacement of which is electrical work required under the Act to be performed by a licensed electrical contractor or licensed electrical worker. Examples — • fixed-wired electrical equipment, such as air conditioners, stoves, ovens, electric hot water systems, ceiling fans, light fittings Page 8 2010 SL No. 274

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Part 2 Amendment of Electrical Safety Regulation 2002 [s 6] • electrical accessories, such as socket outlets, light switches, electrical cable, wall switches, plugs and cord extension sockets • electrical parts, such as electrical motors, switches, solenoids, elements ‘120B Application of div 8A ‘This division applies to a person who conducts a business or undertaking that involves the sale of particular electrical equipment to the public. ‘120C Requirement to display DIY warning sign ‘(1) The person must not sell an item of particular electrical equipment unless a DIY warning sign is displayed for the item. Maximum penalty—40 penalty units. ‘(2) For subsection (1), a DIY warning sign is displayed for an item of particular electrical equipment if the sign is displayed— (a) in close proximity to the point of display of the item; or (b) as part of the price tag of the item; or (c) on a label attached to the packaging of the item; or (d) as part of the packaging of the item; or (e) on a label attached to the item. ‘(3) In this section— DIY warning sign means a sign that— (a) contains a symbol in the form of a red circle and a red diagonal line over the letters ‘DIY’ in black letters; and (b) for a sign displayed in the way mentioned in subsection (2)(a)—contains the words ‘ALL ELECTRICAL WORK MUST BE PERFORMED BY A LICENSED ELECTRICIAN’ in uppercase black letters; and 2010 SL No. 274 Page 9

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Part 2 Amendment of Electrical Safety Regulation 2002 [s 7] (c) for a sign displayed in the way mentioned in subsection (2)(b), (c), (d) or (e)—contains the words ‘MUST BE INSTALLED BY A LICENSED ELECTRICIAN’ in uppercase black letters; and (d) has a white background; and (e) is unambiguous and clearly legible. point of display , of an item, means— (a) for an item displayed in a shop, warehouse or other physical space—the place where the item is displayed in the shop, warehouse or other physical space; or (b) for an item displayed in an online shop—the place where the item is displayed on the online shop’s website.’. 7 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition approved safety switch— omit . (2) Schedule 9— insert— ‘ approved safety switch means a residual current device that— (a) has a Queensland or external approval; and (b) has a rated residual current of not more than 30mA. capable circuit , for part 5, division 4A, subdivision 3, see section 81G. electrically conductive ceiling insulation , for part 5, division 4A, subdivision 3, see section 81G. non-capable circuit , for part 5, division 4A, subdivision 3, see section 81G. particular electrical equipment , for part 6, division 8A, see section 120A.’. Page 10 2010 SL No. 274

Electrical Safety and Other Regulation Amendment and Repeal Regulation (No. 1) 2010 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 8] Part 3 Amendment of State Penalties Enforcement Regulation 2000 8 Regulation amended This part amends the State Penalties Enforcement Regulation2000. 9 Amendment of sch 5 (Other legislation) Schedule 5, entry for the Electrical Safety Regulation 2002 — insert — ‘s 120C(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 20’. Part 4 Repeals 10 Repeal of notices The following notices are repealed— • Electrical Safety (Installation of Ceiling Insulation) Notice 2009 SL No. 242 • Electrical Safety (Installation of Ceiling Insulation) Notice 2010 SL No. 38. ENDNOTES 1 Made by the Governor in Council on 30 September 2010. 2 Notified in the gazette on 1 October 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. 2010 SL No. 274 Page 11

© State of Queensland 2010