Electrical Safety Act

§ 1. Scope of application of Act With the aim of preventing and reducing hazards of electrical origin and electromagnetic disturbances to persons, property and the environment, this Act provides requirements for: 1) electrical equipment and installations, for the placing on the market, putting into service and the use thereof, and for the procedure for the conformity assessment and attestation thereof; 2) owners of electrical installations, notified bodies, electrical contractors, technical inspection bodies, bodies operating certification of persons, persons organising the operation of electrical installations and managers of electrical work; 3) the registration of undertakings, and for state supervision.

§ 2. Application of other Acts (1) Where some requirements for the prevention of electrical hazards or electromagnetic disturbances which may be caused by electrical equipment and installations are regulated by other legislation, this Act or legislation established on the basis thereof do not apply to them. (2) Construction requirements provided by an Act regulating construction activities and legislation established on the basis thereof apply to the construction of electrical installations, with the specifications arising from this Act and legislation established on the basis thereof. (3) The provisions of the Administrative Procedure Act apply to the administrative procedure prescribed in this Act with the specifications arising from this Act. (4) The Product and Service Safety Act applies to the duties of the manufacturers and distributors of electrical equipment, and to market supervision with the specifications arising from this Act.

§ 3. Definitions (1) For the purposes of this Act: 1) ”an electrical installation” means a fixed operational assembly of electrical equipment and conductors; 2) ”operational plan of an electrical installation” means a document or a set of documents which determines the procedure, procedures and operations necessary for keeping the electrical installation in operation and for switching on and off, controlling, inspection and maintenance of the electrical installation; 3) ”operation of an electrical installation” (hereinafter operation) means an activity intended to keep the electrical installation in operation including, in particular, switching on and off, controlling, inspection, maintenance and both electrical works and other works; 4) ”the feeding point of an electrical installation” means a distribution centre from which the supply of the electrical installation proceeds; 5) ”electrical equipment” means equipment which is intended to produce, transform, transmit, distribute or use electric power and which contains electrical or electronic components; 6) ”electromagnetic disturbance” means is any electromagnetic phenomenon which may degrade the performance of electrical equipment or installation. An electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself; 7) ”electromagnetic environment" means all electromagnetic phenomena observable in a given location; 8) "electromagnetic compatibility" means the ability of electrical equipment and installations to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to other equipment in that environment; 9) ”immunity” means the ability of electrical equipment and installations to perform without degradation of quality in the presence of an electromagnetic disturbance; 10) “safety extra-low voltage supply” means equipment which supplies electric circuit with electric energy by isolating transformers or another safe solution the voltage produced by which is so low (in most cases, a voltage up to 50 V for alternating current and up to 120 V for direct current) that the current passing through human body does not result in an electric shock; 11) ”main circuit breaker" means a fuse the value of the nominal current or setup current of which is established by capacity of the connection point in the agreement for fixation of the network connection; 12) ”treatment room” means a room in which investigation, treatment, supervision or caring of the patient is carried out; 13) ”authorised representative of a manufacturer” means a person who holds written authorisation granted by the manufacturer to perform the functions relating to the product and attestation of the conformity thereof and who is located in a member state of the European Economic Area. (2) In this Act, the definitions listed in § 2 of the Product Conformity Attestation Act are used within the meaning provided for therein.

§ 4. Classification of electrical installations (1) Electrical installations are divided into electrical installations of classes 1, 2 and 3 according to the hazards of electrical origin which they present. (2) The whole electrical installation belongs to class 1, starting form the connection point or the feed point if the electrical installation is located: 1) in explosion hazard zone or a building containing such hazard; 2) at dangerous sites of undertakings liable to be affected by major accidents; 3) in a hospital or another treatment building in which mains powered electronic medical devices parts of which come into physical contact with the patient may be used in treatment rooms; 4) in treatment rooms which are not located in a treatment building and in which mains powered electronic medical devices parts of which come into physical contact with the patient may be used. (3) The following are electrical installations of class 2: 1) electrical installations in the common use of apartment possessors residing in buildings with two or more than two apartments; 2) electrical installations which are located in treatment buildings and which do not belong to class 1; 3) electrical installations of alternating current with the nominal voltage of up to 1000 V or direct current with a nominal voltage of up to 1500 V (hereinafter low-voltage electrical installation) where the nominal current of the main circuit breaker exceeds 35 A and which do not belong to class 1; 4) electrical installations of alternating current with the nominal voltage exceeding 1000 V or direct current with a nominal voltage exceeding 1500 V (hereinafter high-voltage electrical installation) which do not belong to class 1; 5) electrical installations located in hotels, motels, hostels, rest homes, guest houses or other accommodation facilities. (4) Electrical installations where the nominal current of the main circuit breaker is 35 A or less and which do not belong to class 1 or class 2 are electrical installations of class 3. Chapter 2 Electrical Equipment and Installation

§ 5. Requirements for electrical equipment and installations (1) Electrical equipment shall be planned, designed, manufactured and reconstructed, and tested, repaired and maintained such that, if installed in conformity with the requirements and used for its intended purposes and in the prescribed manner, the equipment does not present a danger to persons, domestic animals, property or the environment and does not cause any intolerable electromagnetic disturbances and has immunity to electromagnetic disturbances. (2) An electrical installation shall be designed and constructed, and tested, repaired, maintained and inspected such that, if used for its intended purposes and in the prescribed manner, the installation does not present a danger to persons, property or the environment and does not cause any intolerable electromagnetic disturbances and has immunity to electromagnetic disturbances. (3) The requirements for electrical equipment and installations, for the electromagnetic compatibility thereof and for the provision of labelling on or information with electrical equipment and installations shall be established by the Minister of Economic Affairs and Communications.

§ 6. Placing of electrical equipment and installations on market (1) Electrical equipment or an electrical installation may be placed on the market if: 1) it conforms to the requirements provided for in this Act and legislation established on the basis thereof; 2) in prescribed cases, its conformity has been attested pursuant to the procedure established on the basis of this Act; 3) it is accompanied by the required labelling and information; 4) it is marked with a conformity mark (CE-marking), if this is required. (2) If this Act or legislation established on the basis thereof provides requirements not arising from legislation of the European Union, an electrical equipment not conforming to the requirements may be placed on the market in Estonia or put into service if the equipment is lawfully manufactured in a State party to the Agreement on the European Economic Area or if the equipment is lawfully manufactured or placed on the market in a Member State of the European Union or in Turkey, provided that the level of safety equivalent to that provided by this Act or legislation established on the basis thereof is guaranteed regarding the electrical equipment. (3) The Technical Inspectorate may prohibit the placing on the market in Estonia of electrical equipment or demand its withdrawal from the market if the equipment does not conform to the level of safety provided for in this Act or legislation established on the basis thereof. The manufacturer or distributor of the electrical equipment in question who placed or intends to place the equipment on the market in Estonia shall be notified of the prohibition in writing beforehand.

§ 7. Attestation of conformity of electrical equipment (1) The manufacturer of the electrical equipment, authorised representative of the manufacturer or person placing the device on the market shall ensure the assessment of conformity of the electrical equipment. (2) The procedure for the assessment of conformity of the electrical equipment shall be established by the Minister of Economic Affairs and Communications. Such procedure is based on the provisions of the Product Conformity Attestation Act, taking into account the specifications arising from this Act.

§ 8. Presentation of non-conforming electrical equipment Electrical equipment which does not conform to the requirements provided for in this Act or legislation established on the basis thereof, or with regard to which the procedure for conformity assessment has not been observed, may be presented at trade fairs, exhibitions, demonstrations and other public presentations on the condition that it is accompanied by clearly visible information which states that the electrical equipment does not conform to the established requirements and that it is not permitted to place the equipment on the market before it is brought into conformity with the requirements. The person who presents the equipment shall ensure safety and prevent any intolerable electromagnetic disturbances during the presentation. Chapter 3 Notified Body

§ 9. Notified body (1) For the purposes of this Act, a notified body is a conformity assessment body who has been granted the right to conduct the conformity assessment procedures required for assessment and attestation of the conformity of electrical equipment with the requirements for the electromagnetic compatibility thereof, and of the conformity of electrical equipment with the electrical safety requirements. (2) The provisions of the Product Conformity Attestation Act, with the specifications arising from this Act, apply to the grant to a notified body of the right to operate, to the revocation or suspension of such right, and to the operation as a notified body and the exercise of state supervision over that person.

§ 10. Requirements for notified bodies A notified body shall conform to the requirements set for designated bodies by the Product Conformity Attestation Act and shall have liability insurance which meets the requirements provided for in § 36 of this Act. Chapter 4 Putting Electrical Installations into Service and Use thereof

§ 11. Requirements for putting into service or use of electrical installations (1) An electrical installation may be put into service and used if it conforms to the requirements provided for in this Act and legislation established on the basis thereof, and if: 1) in cases prescribed by legislation, a technical inspection of the electrical installation (hereinafter technical inspection) has been performed and a certificate of conformity has been issued concerning the electrical installation; 2) in the cases prescribed by this Act, a person has been appointed to be in control of the electrical installation (hereinafter person in control of the electrical installation); 3) a notice has been submitted to the network operator with whom a contract for establishment of a new network connection or for modification of the conditions of consumption has been entered into. In the case of modification of the conditions of consumption of an electrical installation with a main circuit breaker of up to 63 A, a notice shall be submitted only if the main fuse is increased. (2) The notice specified in clause (1) 3) of this section shall confirm that the electrical installation is ready to be energised and that it conforms to the requirements, and the notice shall contain: 1) information regarding the construction containing an electrical installation; 2) information regarding the technical specifications of the electrical installation, and owner of the electrical installation; 3) the name of the undertaking which performed the technical inspection of the electrical installation; 4) the contact details of the person who signs the notice. (3) The network operator shall energise the electrical installation for taking into service on the basis of a notice after having ascertained the performance of the technical inspection and attestation of conformity from the database located at the Technical Inspectorate. (4) An electrical installation is put into service as of the moment when it is energised for use for its intended purposes. Electrical installations may be put into service in parts although a technical inspection of each corresponding part shall be performed before the part is put into service. (5) The energising of an electrical installation for an inspection to be performed does not mean that the electrical installation has been put into service.

§ 12. Protection zone for electrical installation (1) A protection zone for an electrical installation is the land, air space or body of water surrounding the electrical installation, provided that the electrical installation is a separate construction, where restrictions on use apply due to the necessity to ensure safety. (2) Within a protection zone for an electrical installation, it is prohibited to prevent access to the electrical installation, cause the contamination or corrosion of the electrical installation, or in any other manner cause situations which may endanger persons, property or the environment, or organise public events within a power network protection zone for overhead transmission lines of high-voltage electrical installations. (3) Without the permission of the owner of an electrical installation, it is prohibited: 1) within the protection zone for the electrical installation, to build, including filling stations, to store waste, materials and substances, perform any excavation, loading, dredging, blasting or land improvement operations, ignite open flames, plant or remove trees; 2) within a power network protection zone for submerged cable lines, to perform dredging operations, moor water craft, or move with dropped anchor, chains, logs, trawls or nets, to locate traffic signs and buoys for water craft, or to store ice; 3) within a power network protection zone for overhead transmission lines, to drive vehicles and operate machinery the height of which above ground level, with or without cargo, exceeds 4.5 metres; 4) within a power network protection zone for overhead transmission lines of high-voltage electrical installations, to construct wire fences and watering places for livestock; 5) within a power network protection zone for underground cable lines, to operate impact mechanisms, level ground, perform earthwork at a depth exceeding 0.3 metres, or 0.45 metres in land to be ploughed, or to store or handle loads. (4) The possessor of the land, air space or body of water located within a protection zone for an electrical installation shall permit the owner of the electrical installation to organise the operation of the electrical installation, to perform the necessary maintenance work of the electrical installation and its protection zone and to install markings of electrical installations. (5) The owner of an electrical installation has the right to require, upon granting permission for the activities provided in subsection (3) of this section, that the applicant for the permission implement relevant safety measures and compensate for the justified costs incurred by the owner of electrical installation. (6) A person operating within the protection zone for an electrical installation shall avoid damaging or causing the danger of damaging of the electrical installation. In event of damaging or causing the danger of damaging of an electrical installation, measures shall be taken against causing of further damage and the owner of the electrical installation shall immediately be notified of the situation. (7) The extent of a protection zone for an electrical installation and procedure for operation within the protective zone shall be established by the Minister of Economic Affairs and Communications.

§ 13. Obligations of owner of electrical installation The owner of an electrical installation shall ensure that the electrical installation is used pursuant to the requirements established in legislation, including the following: 1) ensure necessary control of the operation of the electrical installation; 2) in the case of an electrical installation of class 1, appoint a person to be in control of the electrical installation; 3) in the case of a low-voltage electrical installation where the nominal current of the main circuit breaker exceeds 100 A, or in the case of a high-voltage electrical installation regardless of the nominal current of the main circuit breaker, appoint a person to be in control of the electrical installation; 4) enable the person in control of the electrical installation to perform his or her duties; 5) in prescribed cases, organise the technical inspection of the electrical installation; 6) be in a contractual relationship with the person in control of the electrical installation for the obligations specified in § 15 of this Act to be performed, except in the case where the owner of the electrical installation is a natural person who also performs the obligations of the person in control of the electrical installation; 7) be in possession of documentation regarding the electrical installation and the technical inspection thereof; 8) provide the officials of the Technical Inspectorate and other authorised officials with all possible assistance in ascertaining the reasons for any accident and, until such reasons are established, maintain the situation caused by the accident unless this may result in further damage; 9) notify the Technical Inspectorate at the earliest opportunity of any accident which occurs during the use thereof which resulted in damage to health or another serious consequence.

§ 14. Requirements for persons in control of electrical installations (1) The person in control of an electrical installation shall have received professional training and shall have knowledge about the electrical installation, its construction and the safety requirements for its use and sufficient work experience to ensure the safe use of the electrical installation. (2) The conformity of the person in control of an electrical installation with the requirements provided for in subsection (1) of this section shall be assessed and attested pursuant to the procedure provided for in Chapter 7 of this Act. (3) The person in control of an electrical installation may also act as the manager of the electrical work at the same electrical installation to which he or she has been appointed as the person in control.

§ 15. Obligations of person in control of electrical installation (1) The person in control of an electrical installation is required to: 1) prepare an operational plan concerning the electrical installation to which he or she has been appointed as the person in control and monitor observance of the plan; 2) if it becomes clear that there is a danger to persons, property or the environment, require that the use of the electrical installation or work at the electrical installation is suspended until the danger has passed or eliminated; 3) be available in order to ensure safe operation and be present during technical inspections and state supervisory operations; 4) notify the Technical Inspectorate of violation of the requirements for use of electrical installation if the owner of an electrical installation fails to eliminate the violation within a reasonable period of time. (2) The requirements for control of the operation of electrical installations shall be established by the Minister of Economic Affairs and Communications.

§ 16. Disturbances and danger, and costs incurred in electrical work at electrical installations (1) If an electrical installation causes disturbances or danger to another electrical installation or the operation thereof or to a third electrical installation through another electrical installation and if both the disturbing and the disturbed electrical installations conform to the requirements provided for in legislation, the owner of the electrical installation which was completed later shall perform electrical work at that electrical installation in order to prevent the disturbances or danger. (2) If it is less complicated or less expensive to eliminate the disturbances or danger by altering or supplementing the technical structure of the electrical installation which was completed earlier and if this is possible without significantly disturbing the operation of the electrical installation, the owner of the electrical installation which was completed earlier shall perform the electrical work at that electrical installation in order to prevent the disturbances or danger. (3) Of two electrical installations, the electrical installation, or a part thereof which is connected to a power network later than the other electrical installation or a part thereof is deemed to be completed later. (4) In the case provided for in subsection (2) of this section, the owner of the electrical installation which was completed later shall compensate the costs related to the electrical work at the electrical installation which was completed earlier to the owner of that electrical installation. When the costs are being determined, the profit or loss which the owner of the electrical installation which was completed earlier incurs as a result of electrical work due to a change in the operational capacity or the size of the operating expenses of the electrical installation shall be taken into account. Chapter 5 Electrical Work

§ 17. Electrical work and simple electrical work (1) For the purposes of this Act, electrical work is the repair, reconstruction, inspection, testing or maintenance of electrical equipment and the design, inspection, testing, repair, maintenance or construction of an electrical installation, including installation of electrical equipment. (2) Simple electrical work is electrical work which may be performed by all persons. The following works are such works: 1) work on electrical equipment with alternating current of up to 50 V or direct current of up to 120 V which are fed from a safety extra-low voltage supply; 2) work on parts of electrical installation with alternating current of up to 50 V or direct current of up to 120 V which are fed from a safety extra-low voltage supply; 3) maintenance works in an electrical equipment with nominal alternating current of up to 250 V disconnected from the feed network which do not involve electrical circuits with alternating current of up to 50 V or direct current of up to 120 V. (3) The following works in an electrical equipment or installation with nominal alternating current of up to 250 V are also deemed to be simple electrical works: 1) replacing of electric filament lamps, fluorescent lamps and igniters with new electric filament lamps, fluorescent lamps and igniters with nominal setting permitted for lightings; 2) switching on and switching off of switches, circuit breakers and automatic fuses in the switchboard permitted to be used by every person; 3) checking of application and switching on and switching off of the fault current breaker; 4) replacing of fuses in a private dwelling house or apartment with a fuse with the nominal voltage equal to or smaller than the prescribed nominal voltage; 5) replacing of small fuses located in a light control or other electrical equipment in dead working condition; 6) checking of voltage with an indicator; 7) replacing of a defective intermediate switch located in the flexible cord of a plug-in lighting without protective conductor in dead working condition; 8) connecting of a fixed lighting without protective conductor (e.g. overhead lighting) with lighting terminals in dead working condition; 9) removing of plug-in sockets without protective conductor and switch covers (e.g. for the time of paper-hanging or painting) in dead working condition; 10) dismantling of electric cables and electrical equipment in dead working condition.

§ 18. Requirements for electrical work (1) The safety of persons, property and the environment shall be ensured in observance of the relevant safety requirements when electrical work is performed. (2) The provisions of subsections (3)-(7) of this section and §§ 19-21 of this Act do not apply to simple electrical works. (3) An electrical installation shall be built and reconstructed in accordance with a project of an electrical installation conforming to the requirements. Projects of electrical installations of class 1 and of non-typical electrical installations of class 2 where the nominal current of the main circuit breaker exceeds 250 A shall undergo expert assessment in accordance with the requirements established for expert assessment of building design documentation in the Building Act. (4) Only persons who have the technical and safety knowledge and experience in the extent necessary for such work may perform operational and electrical work. The manager of electrical work or the person in control of the electrical installation shall check the electrical hazard knowledge and experience of persons performing live operational and electrical work. A body operating certification of persons performing electrical work may also check the electrical hazard knowledge persons who perform electrical work. (5) It is permitted for electrical contractors registered in the register of economic activities to engage in electrical work as an economic activity within the scope set out in the certificate of competency of the manager of electrical work or, in the case specified in subsection 14 (3) of this Act, the person in control of the electrical installation. (6) An undertaking lawfully engaged in electrical work in another Member State of the European Economic Area may also temporarily engage in electrical work as economic activity in Estonia. (7) Upon engaging in electrical work in Estonia, the undertaking specified in subsection (6) of this section shall adhere to the safety requirements established for electrical work and shall be registered in the register of economic activities as an electrical contractor. (8) The requirements for electrical work shall be established by the Minister of Economic Affairs and Communications.

§ 19. Requirements for electrical contractors (1) An electrical contractor shall: 1) possess sufficient resources and documentation for electrical work; 2) ensure that electrical work is performed by persons with sufficient training in electrical engineering and electrical safety therefor; 3) be in a contractual relationship with the manager of electrical work or, in the case specified in subsection 14 (3) of this Act, with the person in control of the electrical installation for the obligations provided in § 21 of this Act to be performed, except in the case where the electrical contractor is a natural person who also performs the obligations of the manager of electrical work or the person in control of the electrical installation; 4) document the electrical work and, if documents prepared for performance of specific electrical works are available, adhere to the requirements set out therein; 5) ensure that the obligations listed in § 21 of this Act are performed; (2) After completing electrical work and on the basis of measuring and test results, visual inspection and documentation of the electrical equipment or installation, the electrical contractor shall verify that the electrical equipment or installation or the electrical work conforms to the requirements provided for in this Act and legislation established on the basis thereof, and shall confirm this in writing. (3) An electrical contractor who establishes that electrical equipment or an electrical installation does not conform to the requirements provided for in this Act and legislation established on the basis thereof shall notify the person to whom the electrical equipment or installation is to be transferred after the electrical work is completed that the equipment or installation does not conform to the requirements.

§ 20. Requirements for managers of electrical work (1) Manager of electrical work is a person who ensures the conformity of electrical work. (2) A manager of electrical work shall have received professional training and shall have work experience in electrical work and knowledge about electrical equipment and installations, the construction thereof and the safety requirements for the use thereof to an extent which ensures the safety of the electrical work of which the person is in charge. (3) The conformity of the manager of electrical work with the requirements provided for in subsection (2) of this section shall be assessed and attested pursuant to the procedure provided for in Chapter 7 of this Act.

§ 21. Obligations of manager of electrical work (1) The manager of electrical work is required to ensure that: 1) the requirements provided for in legislation are observed when electrical work is performed; 2) electrical work is performed by persons with sufficient professional training therefor; 3) the electrical equipment or installation is safe for use or performance of further work after the electrical work is completed; 4) any accident which takes place in the course of electrical work which resulted in damage to health or another serious consequence is immediately reported to the Technical Inspectorate. (2) The manager of electrical work shall be available in order to ensure safety and be present during state supervisory operations. Chapter 6 Technical Inspection

§ 22. Technical inspection (1) For the purposes of this Act, technical inspection of an electrical installation is a procedure in the course of which: 1) the conformity of an electrical installation and operation thereof with the requirements of this Act and legislation established on the basis thereof is assessed on the basis of a visual inspection and documentation pertaining to the electrical installation or on the basis of measuring and test results provided by a laboratory; 2) the conformity of the electrical installation with the requirements of this Act and legislation established on the basis thereof is attested by a certificate of conformity. (2) The measurements specified in clause (1) 1) of this section may be carried out by a laboratory which is accredited or approved to be professionally competent pursuant to the Metrology Act which is registered in the register of economic activities as a measuring or testing laboratory.

§ 23. Competence of technical inspection bodies (1) For the purposes of this Act, an inspection body which conforms to the criteria set for inspection bodies of type A, B or C on the basis of the Estonian standard EVS–EN ISO/IEC 17020 is technical inspection body. Electrical contractors who are registered in the register of economic activities and in whose registration information a corresponding notice has been made are also technical inspection bodies. (2) Technical inspection bodies which conform to the independence criteria set for inspection bodies of type A may conduct technical inspection in all electrical installations according to the scope of accreditation. (3) Technical inspection bodies which conform to the independence criteria set for inspection bodies of type B may conduct technical inspection in all electrical installations in the possession of the parent undertaking or subsidiary according to the scope of accreditation. (4) Technical inspection bodies which conform to the independence criteria set for inspection bodies of type C may conduct technical inspection in electrical installations of class 2 and 3 according to the scope of accreditation. Technical inspection bodies which conform to the criteria set for inspection bodies of type C may not perform technical inspection before use in electrical installations constructed, renovated or repaired by the undertaking of the technical inspection body or the parent undertaking. (5) Electrical contractors may perform regular technical inspection in electrical installations of class 3.

§ 24. Requirements for technical inspection bodies (1) Technical inspection may be conducted by undertakings registered in the register of economic activities as technical inspection bodies for electrical installations. Electrical contractors may conduct regular technical inspections upon existence of a corresponding notation in the registry data of the register of economic activities. (2) A technical inspection body shall: 1) be in a corresponding legal relationship with the person who has received the necessary training and who has the necessary education and experience to perform technical inspections, except in the case when the technical inspection body operating as a sole proprietor is competent to conduct technical inspection; 2) possess the resources for performing technical inspection; 3) be independent, qualified, impartial and act in non-discriminatory manner; 4) inform the owner of an electrical installation and the Technical Inspectorate of any danger to persons, property or the environment related to the electrical installation and established in the course of technical inspection; 5) forward information concerning the technical inspection before use of an electrical installation and regular technical inspections of class 1 and class 2 electrical installations to the Technical Inspectorate pursuant to the procedure arising from § 27 of this Act; 6) ensure that technical inspection services are provided on the basis of a uniform price list across the whole territory of the Republic of Estonia regardless of the technical characteristics of any given electrical installation, in addition to which the price of technical inspection services shall not depend on the location of the electrical installation to be inspected; 7) be accredited to perform technical inspections of class 1 or class 2 electrical installations or technical inspection before use of electrical installations of class 3. (3) Technical inspection bodies which conform to the criteria set for inspection bodies of type A and C shall have valid liability insurance which meets the requirements provided for in § 36 of this Act for the entire period of operation as a technical inspection body. (4) The provisions of § 141 of the Product Conformity Attestation Act apply to authorities accrediting technical inspection bodies.

§ 25. Employee performing technical inspection (1) An employee performing technical inspection shall: 1) be approved, in the course of reference inspection, to be suitable for performing the technical inspection operations and shall have a certificate of competency corresponding to the technical characteristics of the electrical installation to be inspected; 2) be familiar with legislation, standards and rules concerning electrical installation and the technical inspection thereof and the bases for technical inspection and shall have sufficient experience for conducting the technical inspection of an electrical installation in compliance with the requirements; 3) participate in regular reference inspections and certify the skills to perform the technical inspection of electrical installations according to the requirements. (2) The Minister of Economic Affairs and Communications may establish the procedure for reference inspection.

§ 26. Performance of technical inspection (1) Every electrical installation is subject to technical inspection before it is put into service and also in prescribed cases and at prescribed intervals after it has been put into service. Technical inspections are divided into technical inspections before use, regular technical inspections and emergency technical inspections. (2) An emergency technical inspection shall be performed if the owner or user of the electrical installation or the person in control of the electrical installation deems it necessary in order to ensure safety or on the request of the state supervisory authority. (3) The costs of emergency technical inspection shall be borne by the person who ordered the inspection. If the person in control of electrical installation orders the emergency technical inspection, the costs shall be borne by the owner of the electrical installation. If significant deficiencies are ascertained in an electrical installation, the costs of the technical inspection shall be covered by the person responsible for the conformity of the electrical installation. (4) The procedure for and extent of technical inspection and the cases for and frequency of regular technical inspection shall be established by the Minister of Economic Affairs and Communications.

§ 27. Submission of information concerning electrical installation and technical inspection thereof (1) The technical inspection body shall submit information concerning the electrical installation declared to be in conformity and the technical inspection thereof to the Technical Inspectorate within one week after the technical inspection before use of an electrical installation. (2) The technical inspection body shall submit information concerning the inspected electrical installation and the technical inspection thereof to the Technical Inspectorate within one month after the regular technical inspection of a class 1 and class 2 electrical installation. (3) The list and the procedure for the submission of information to be submitted concerning an electrical installation and technical inspection thereof shall be established by the Minister of Economic Affairs and Communications. Chapter 7 Certification of Persons

§ 28. Certification of persons (1) For the purposes of this Act, certification of persons or assessment and attestation of the conformity of persons is a procedure in the course of which the body operating certification of persons assesses and attests conformity of a person in control of electrical installation, a manager of electrical work or an employee performing technical inspection, in written form, by way of the issue of corresponding certificates of competency and subsequent supervision. (2) In the course of certification of persons, the person is awarded a category of competency to work as a person in control of an electrical installation, manager of electrical work or employee performing technical inspection, depending on the nominal voltage of the electrical equipment or installation and the complexity of the work. The education of the person, his or her work experience and his or her knowledge of electrical safety shall be taken into account when the person is awarded a category of competency. (3) Categories of competency and the procedure for certification of persons shall be established by the Minister of Economic Affairs and Communications.

§ 29. Supervision of certified person and revocation of certificate of competency (1) A person to whom a certificate of competency has been issued shall be subject to the periodical supervision organised by the body operating certification of persons. The supervision organised by bodies operating certification of persons may include reviewing of complaints submitted concerning professional activities of the person or assessment of participation in professional in-service training. The requirements for conduct of inspection and the criteria for assessment of the competence of a person shall be established on the basis of subsection 28 (3) of this Act. (2) If in the course of supervision performed on the basis of subsection (1) of this section it is ascertained that the person does not comply with the requirements, the body operating certification of persons may, taking into account the gravity of the circumstances, revoke the certificate of competency or limit the scope of competency set out therein. (3) A certificate of competency shall be revoked if: 1) the person is required to have his or her competence reassessed and the person has failed to do so within three months as of the date when such obligation arises; 2) upon new assessment of competence, it becomes evident that the person does not comply with the requirements for obtaining a certificate of competency; 3) the person does not comply with the requirements of supervision of the person who issued the certificate of competency within three months as of the suspension of the certificate of competency; 4) it is ascertained that the certificate of competency was obtained by fraud, falsification or submitting incorrect information.

§ 30. Competence acquired in foreign state (1) If a person who wishes to work as a person in control of electrical installation, manager of electrical work or employee performing technical inspection has acquired competence in a foreign state, the requirements of §§ 28 and 29 of this Act do not apply with regard to him or her. (2) The conformity of the competence acquired in a foreign state with the requirements of this Act shall be assessed and attested by a body operating certification of persons on the basis of the Recognition of Foreign Professional Qualifications Act and legislation established on the basis thereof, taking account of the specifications arising from this Act. (3) A state fee shall not be paid for recognition of competence acquired in a foreign state. Recognition of competence acquired in a foreign state shall be paid for to the body operating certification of persons in accordance with the price list of the latter. (4) For the purposes of this section, a foreign state is a foreign state within the meaning of the Recognition of Foreign Professional Qualifications Act.

§ 31. Body operating certification of persons (1) A body operating certification of persons shall: 1) be registered in the register of economic activities as a body operating certification of persons (an authority attesting the conformity of persons); 2) be in a corresponding legal relationship with the persons who have received the necessary professional training and who have the necessary education and experience for certification of persons; 3) possess resources for certification of persons; 4) be independent, qualified, impartial and act in non-discriminatory manner; 5) be accredited as a body operating certification of persons. (2) The provisions of § 141 of the Product Conformity Attestation Act apply to authorities accrediting bodies operating certification of persons. (3) The prices for services relating to certification of persons and recognition of competence acquired in a foreign state shall be cost-oriented, transparent and non-discriminatory and shall be set so as to ensure that the justified costs related to the specified services are covered and that a reasonable profit is ensured for the body operating certification of persons. Chapter 8 Registration of Undertakings

§ 32. Registration application (1) A person who wishes to operate as an electrical contractor, a technical inspection body, a measuring or testing laboratory or as a body operating certification of persons (hereinafter undertaking) shall submit a registration application to the registrar of the register of economic activities. (2) A registration application shall set out: 1) the name, address and other contact details of the undertaking, and the registry code or personal identification code or, in the absence of the latter, date of birth; 2) the area of activity (electrical work, technical inspection, operating as a measuring and testing laboratory or certification of persons) in which the person wishes to operate; 3) if the person wishes to operate as an electrical contractor, the name, personal identification code or, in the absence thereof, date of birth, extent of authority, contact details of the manager of electrical work, the number and the date of issue of the conformity attestation document issued to the person, and the name and contact details of the issuer of the document; 4) if the person wishes to operate as a technical inspection body, information concerning the criteria of the type of inspection body to which the person corresponds (technical inspection body of type A, B or C) and data concerning employees performing technical inspection; 5) if an electrical contractor wishes to engage in performing of regular technical inspection of class 3 electrical installations, then a notation concerning provision of the service of regular technical inspection and data concerning employees performing technical inspection; 6) if the person wishes to operate as a technical inspection body of type A or C, the period of validity of the insurance liability contract, the insured sum and the name, registry code and contact details of the insurer which issued the document certifying the insurance contract; 7) if the person wishes to operate as a measuring or testing laboratory, information concerning accreditation or assessment on the basis of the Metrology Act and employees who perform measurement works; 8) if accreditation exists, the number of the accreditation certificate, the scope of accreditation and information concerning the body who accredited the undertaking; 9) the name, official title and contact details of the person who signed the registration application. (3) If the person wishes to operate as an electrical contractor, the person shall provide more specific information concerning the area of activity. (4) Undertakings who are coming from a Member State of the European Economic Area to temporarily engage in electrical work in Estonia shall submit an application for registration in the register of economic activities. A registration application shall set out: 1) the name, contact details in the country of location and Estonia, the registry code or personal identification code of the undertaking; 2) the period during which the electrical work is performed or, if performing of the electrical work is related to a specific object, explanations concerning the location of the object and the expected time of termination of the work; 3) a copy of the document confirming the right to perform electrical work in the country of origin authenticated by the issuer of such document if the performing of electrical work is regulated in the country of origin and an activity licence concerning the right to perform electrical work is issued or another requirement (e. g. registration) has been established compliance with which guarantees granting of the right of activity; 4) if performing of electrical work is not regulated in the country of origin, then also a confirmation to the effect that the undertaking has been performing electrical work in the country of origin for at least two years during the last ten years; 5) the name, official title and contact details of the person who signed the registration application.

§ 33. Registration procedure and registry data (1) The provisions of the Register of Economic Activities Act apply to the registration procedure, taking account of the specifications arising from this Act. (2) Concerning each undertaking, information specified in clauses 32 (2) 2)-7) of this Act and, if a precept specified in § 40 of this Act has been issued, information concerning the precept and other information provided by law shall be entered in the register in addition to the information prescribed by the Register of Economic Activities Act.

§ 34. Refusal to register The registration is refused on the grounds provided by the Register of Economic Activities Act and in cases where during the sixty days prior to application, the registration information concerning the undertaking has been deleted on the basis of a decision specified in § 41 of this Act.

§ 35. Deletion of registration (1) Registration shall be deleted on the grounds provided by the Register of Economic Activities Act, and on the basis of a decision provided for in § 41 of this Act once the term for contestation of the decision has passed if the decision is not contested or, if the decision is contested, as of the date on which the court judgment to uphold the contested decision enters into force. (2) In the event of the deletion of registration information, the technical inspection body or authority assessing and attesting the conformity of persons shall hand over all the documentation concerning the technical inspection or the assessment and attestation of the conformity of persons to the Technical Inspectorate within one month as of the date on which the registration information is deleted.

§ 36. Liability insurance An undertaking which wishes to operate as a technical inspection body of type A or C, and a person who wishes to operate as a notified body shall have liability insurance for an insured sum which: 1) guarantees that all damages which may be caused to third parties by its operations as a technical inspection body or a notified body will be compensated; 2) is at least 500 000 kroons. Chapter 9 State Supervision

§ 37. State supervisory authority (1) State supervision over conformity with the requirements provided for in this Act and legislation established on the basis thereof shall be exercised by the Technical Inspectorate (hereinafter the Inspectorate). (2) Within the limits of their competence, the Labour Inspectorate and the authorities exercising state supervision over fire safety on the basis of the Rescue Act shall also exercise supervision over conformity of electrical installations.

§ 38. Competence of supervision authority (1) The following are within the competence of the Inspectorate: 1) supervision of the conformity of electrical equipment placed on the market (market supervision); 2) supervision of the conformity of the construction, putting into service, use and operation of electrical installations and of electrical work with the requirements provided for in this Act or legislation established on the basis thereof; 3) supervision of adherence to the requirements provided for in this Act or legislation established on the basis thereof on the part of notified bodies and undertakings; 4) investigation of the causes of breakdowns or accidents related to electrical equipment or installations; 5) prohibition of the placing of electrical equipment on the market for the time needed to check the conformity thereof, and demanding the removal from the market of electrical equipment which has proven to be dangerous or which does not conform to the requirements and suspension of the use of electrical equipment or electrical installations; 6) making of resolutions and issue of precepts; 7) verifying registry data. (2) The Director General of the Inspectorate may form committees of experts to resolve supervision issues. (3) The Inspection has the right to require, in accordance with Article 4 of the Directive 2004/108/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC (OJ L 390, 31.12.2004, p. 24–37), the application of the following special measures concerning the putting into service or use of a electrical equipment and installations: 1) measures taken in order to overcome an existing or predicted electromagnetic compatibility problem; 2) measures taken in the interests of safety in order to protect the public telecommunications networks or receiving or transmitting stations if they are used in the interests of safety in precisely defined situations. (4) If in the course of state supervision it is ascertained that a person in control of electrical installation, a manager of electrical work or an employee performing technical inspection has violated the requirements established by this Act for the control of the operation of electrical installations, electrical work or technical inspection and has caused danger to persons, property or the environment thereby, the Director General of the Inspectorate or an official authorised by him or her may, depending on the severity of the violation and in addition to application of sanctions arising from this Act, suspend the validity of the certificate of competency of a person in control of an electrical installation, a manager of electrical work or an employee performing technical inspection. Upon expiry of the term of the suspension of validity of a certificate of competency, a new competency examination shall be passed pursuant to clause 29 (3) 1) of this Act for resuming of the validity thereof.

§ 39. Rights and obligations of officials exercising state supervision (1) Officials exercising state supervision have the right to: 1) to monitor compliance with requirements of legislation without hindrance and without giving prior notice; 2) enter, for the purposes of supervision, any location at which electrical equipment and installations are manufactured, installed, used, repaired, constructed, maintained, stored or sold, and also to enter the premises of notified bodies, technical inspection bodies and bodies operating certification of persons with the knowledge of possessors of the specified objects, granting the possessor or a representative thereof an opportunity to be present at the entering of the possession. The specified objects may be accessed without the knowledge of the possessor or without providing the possessor an opportunity to be present only if this is necessary for ascertaining or prevention of an imminent danger. 3) obtain information necessary for supervision from the owners and possessors of electrical equipment and installations, persons in control of electrical installations, manufacturers of electrical equipment and installations, persons who place electrical equipment and installations on the market and persons who install electrical equipment and installations, and from electrical contractors, technical inspection bodies, bodies operating certification of persons, and notified bodies, and to examine relevant documents and copies thereof and to obtain transcripts thereof; 4) issue precepts. (2) The Director General of the Inspectorate or an official authorised by him or her has the right, on the basis of this Act and with regard to issues within the competence of the Inspectorate, to oblige a manufacturer of electrical equipment, a person who places electrical equipment on the market or an electrical contractor to inform the public of any danger related to the electrical equipment, or to publish such information at the expense of the manufacturer of the electrical equipment, the person who places electrical equipment on the market or the electrical contractor. (3) In the performance of their duties, officials exercising state supervision shall present identification. (4) Officials exercising state supervision shall ensure the confidentiality of business and technical information which becomes known to them, unless the disclosure of such information is prescribed by law.

§ 40. Precepts (1) An official exercising state supervision shall issue a precept for the termination of violations of the requirements of this Act or legislation established on the basis thereof, including for suspension of the use of non-conforming electrical equipment and installations or for suspension of non-conforming electrical work, non-conforming technical inspection or non-conforming certification of persons, and in the precept he or she shall: 1) call attention to the offence and demand that it be terminated; 2) where necessary, demand that activities related to the offence be suspended in part or in full, or 3) demand that acts necessary for the lawful continuation of the activities and prevention of accidents be performed. (2) A precept shall set out at least the following: 1) the time and place the precept was issued; 2) the official title, given name and surname of the official who issued the precept; 3) the person to whom the precept is issued; 4) the circumstances of the making of the precept; 5) provision of legislation violated by the person to whom the precept is issued; 6) a demand that the offence be terminated or the obligation be performed; 7) the term for compliance with the precept; 8) a notation concerning the possibilities, terms and procedure for the contestation of the precept. (3) If a precept concerns an undertaking which is registered in the register of economic activities, the Inspectorate shall enter the information concerning the precept in the register of economic activities based on the provisions of the Register of Economic Activities Act. (4) In the event of failure to comply with a precept, an official exercising state supervision may impose a coercive measure pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The upper limit for a penalty payment is 30,000 kroons. (5) A person shall be notified of a precept and the precept shall be delivered against a signature or sent by post with advice of delivery within two working days after the date on which the precept is made.

§ 41. Decision (1) The Director General of the Inspectorate or an official authorised by the Director General has the right to make a decision of deletion from the register of economic activities of an undertaking which holds a registration in the register of economic activities in the following cases: 1) upon repeated failure to comply with a precept; 2) if the undertaking does not comply to the requirements set for operation in the relevant field of activity. (2) A decision shall set out: 1) the date and place of making the decision; 2) the content of and legal basis for the decision; 3) a notation concerning the possibility of and the terms and procedure for contesting the decision; 4) the given name, surname and official title of the official making the decision. (3) A person shall be notified of a decision and the decision shall be delivered against a signature or sent by post with advice of delivery within two working days after the date on which the decision is made.

§ 42. Contestation of precept or act (1) If a person does not agree with a precept or act of an official of the Inspectorate, the person has the right to file a written challenge with the Director General of the Inspectorate within ten working days as of the date on which the person became aware of the precept or measure. (2) Challenges may not be filed against administrative acts or measures of the Director General of the Inspectorate. (3) The filing of a challenge does not relieve the person of the obligation to comply with the precept. (4) The Director General of the Inspectorate shall review a challenge and make a decision within fourteen working days as of the date on which the challenge is filed. (5) A person who files a challenge shall be notified of the decision of the Director General of the Inspectorate and the decision shall be delivered against a signature or sent by post with advice of delivery within two working days as of the date on which the decision is made.

§ 43. Inspection of conformity (1) In the course of state supervision, the Inspectorate has the right: 1) in order to inspect the conformity of electrical equipment to be placed on the market, to obtain, for a reasonable fee, the necessary amount of electrical equipment from the manufacturer thereof or from the person who places the electrical equipment on the market; 2) check the conformity of electrical equipment and installations; 3) in justified cases, to order assessment services for inspection of the conformity of electrical equipment and installations. (2) The costs of the assessment services ordered for the inspection of conformity shall be borne by the Inspectorate. (3) If it is ascertained that: 1) electrical equipment does not conform to the established requirements, the manufacturer thereof or the person who placed the electrical equipment on the market shall return the fee specified in clause (1) 1) of this section to the Inspectorate and compensate the documented cost of the assessment services ordered for the inspection of conformity; 2) an electrical installation does not conform to the established requirements, the Technical Inspectorate has the right to require that the person responsible for the conformity of the electrical installation compensate the documented cost of the assessment services ordered for the inspection of conformity of the electrical installation. Chapter 10 Liability

§ 44. Violation of requirements for placing of electrical equipment and installations on market (1) Violation of the requirements for the placing of electrical equipment and installations on the market is punishable by a fine of up to 300 fine units. (2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

§ 45. Violation of requirements for putting into service or use of electrical equipment and installations (1) Violation of the requirements of putting into service or use of electrical equipment and installations is punishable by a fine of up to 300 fine units. (2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

§ 46. Operation within protection zone for electrical installation without permission of owner of electrical installation (1) Operation within the protective zone of an electrical installation without the permission of the owner of the electrical installation which resulted in an accident or a dangerous situation or prejudiced or damaged the electrical installation is punishable by a fine of up to 300 fine units. (2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

§ 47. Violation of requirements for electrical work (1) Violation of the requirements for electrical work is punishable by a fine of up to 300 fine units. (2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

§ 48. Violation of requirements for technical inspection and certification of persons (1) Violation of the requirements for technical inspection or for certification of persons is punishable by a fine of up to 300 fine units. (2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

§ 49. Procedure (1) The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure apply to proceedings in the matters of the misdemeanours provided for in §§ 44-48 of this Act. (2) Extra-judicial proceedings concerning the misdemeanours provided for in §§ 44-48 of this Act shall be conducted by the Technical Inspectorate. Chapter 11 Implementing Provisions

§ 50. Transitional provisions (1) Any electrical equipment or installation placed on the market before the entry into force of this Act shall be safe and shall conform at least to the requirements in force at the time at which the electrical equipment or installation was placed on the market. (2) If a network operator cannot, for technical reasons, examine the data in the database located at the Technical Inspectorate according to subsection 11 (3) of this Act, the operator may energise the technical installation for putting into use on the basis of a notice with the data specified in subsection 11 (2) of this Act and a certificate of conformity issued by the technical inspection body. (3) Electrical equipment and installations conforming to the requirements of Council Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility (OJ L 139, 23.05.1989, p. 19–26) may also be placed on the market or put into service until 20 July 2009. (4) Undertakings who are registered in the register of economic activities as electrical contractors or as undertakings performing technical inspection of electrical installations shall bring their registry data into compliance with the requirements of this Act within one year after the entry into force of this Act. (5) The obligation arising from § 25 of this Act to participate in reference inspections is applied as of 20 June 2008.

§ 51. Amendment of Recognition of Foreign Professional Qualifications Act Subsection 6 (3) of the Recognition of Foreign Professional Qualifications Act (RT I 2000, 29, 168; 2004, 45, 316) is amended and worded as follows: „(3) A relevant government agency, a state agency administered by a government agency, another agency performing functions in public law, an association of employees or employers, a professional association, the Estonian National Academic Recognition Information Centre (hereinafter Centre) or another person or agency to whom performance of the functions of a competent body has been assigned by law or a contract under public law may act as a competent body. The Government of the Republic has the right to designate competent bodies. The standard work procedure and the bases for financing of competent bodies shall be approved by the Government of the Republic.”

§ 52. Amendment of Metrology Act Clause 10 (1) 2) of the Metrology Act (RT I 2004, 18, 132; 2006, 21, 161) is amended and worded as follows: „2) submission of an EC declaration of conformity for a non-automatic weighing instrument, a new or reconditioned non-automatic weighing instrument that has undergone EEC initial verification or EEC unit verification. EEC initial verification and EEC unit verification shall be performed by a designated body concerning which the Commission of the European Union and the Member States of the EC have been notified;”.

§ 53. Amendment of Electronic Communications Act The Electronic Communications Act (RT I 2004, 87, 593; 2007, 3, 12) is amended as follows: 1) clause 41 is added to section 2, worded as follows: „41) electromagnetic compatibility is the ability of an apparatus to function satisfactorily in its electromagnetic environment without introducing electromagnetic disturbances to other equipment in that environment;”; 2) subsection 123 (1) is amended and worded as follows: „(1) An apparatus shall meet the following requirements: 1) the use of an apparatus shall be safe and not pose a danger to the life, health and property of the users thereof and of third persons; 2) the apparatus shall be planned, designed and manufactured such that compliance with the requirements for electromagnetic compatibility is guaranteed.”

§ 54. Amendment of Forest Act Clause 32 (2) 2) of the Forest Act (RT I 2006, 30, 232) is amended and worded as follows: „2) on the basis of building design documentation conforming to the provisions of the Building Act or Land Improvement Act, or on the basis of an operational plan for the electrical installation conforming to the provisions of the Electrical Safety Act if the preparation of a detailed plan is not mandatory;”.

§ 55. Repeal of Electrical Safety Act The Electrical Safety Act (RT I 2002, 49, 310; 2004, 75, 520) is repealed.

§ 56. Entry into force of Act (1) This Act shall enter into force on July 20, 2007. (2) Section 52 of this Act enters into force on the day following publication in the Riigi Teataja. 1 Directive 2004/108/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC (OJ L 390, 31.12.2004, p. 24–37); Directive 2006/95/EC of the European Parliament and of the Council on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (OJ L 374, 27.12.2006, p. 10–19). 2 RT = Riigi Teataja = State Gazette