Because of continued non-compliance due to an unregulated industry and an inability from the government to enforce said legislation, a new approach was required.
Government’s aim with this Legislation is the following:
Regulating the electric fencing installation industry;
The enforcement of existing legislation with innovative legislation; by
The Certification of ALL new electric fences installed after the 1st of December 2012; and
Introducing mechanisms to check up on already installed fences.
Hence “new” Legislation as per Government Gazette electric fences now require, and must be certified with an EFC (Electric Fence System Certificate of Compliance). This certificate must be produced on request to an Inspector.
This certificate is similar to your electrical compliance certificate. Note: Electricians CANNOT issue this certification by default, unless registered with the Department of Labour in terms of this Legislation.
When is an EFC (Electric Fence System Certificate of Compliance)required? The Legislation as to who requires said certification and when, is quite clear:
This Legislation stipulates that ANY new electric fencing installation after 1 December 2012, must be in compliance with said Legislation and certified with an EFC (Electric Fence System Certificate of Compliance). This certificate must be produced to an Inspector on request.
This Legislation further stipulates that any and all property transfers after 1 December 2012, should said property have an electric fence, are subject to, and conditional upon, such an EFC (Electric Fence System Certificate of Compliance) being lodged with the conveyancing attorney,
The new Legislation In a nutshell:
Electric fences must comply with SANS (South African National Standard) 10222-3:2012 Edition 4.1, Electrical Security Installations, Part 3. It is important to note that this Legislation prescribes minimum specifications to which all electric fences must adhere.
All do-it-yourself electric fence installations are outlawed.
All Electric Fence System installers must be registered.logo_dept_labour
Fences are being inspected and evaluated to ensure compliance with this legislation.
Should a fence found to be non-compliant, property owners will be forced to remove their fence or ensure that an accredited installer upgrades it to meet compliance requirements.
And yes, if it is not legal you can also be charged criminally. There was a 69 year old woman from Montagu in the Western Cape that got a thirty day prison sentence because her fence was non-compliant and her subsequent appeal.
There is currently a legal action involving a town house complex, Royal Ascot Villas. This is a specifically interesting matter as the father is now suing the Trustees in their personal capacity.
Also remember, should an insurer establish that an electric fence was installed by an unregistered installer and the fence has to be fixed or replaced due to damage, such a claim can be rejected on the grounds of defective workmanship.