Basis for Transfer of Installation Responsibility
Transfer of installation responsibility is based on mutual trust. The confidence of the statutory director in the will and competence of the installation manager to be appointed; The installation manager must be able to count on support in order to be able to assume responsibility on behalf of the statutory director.
Transfer of electrical installation responsibility concerns the care of safe electrical operations. This means that the installation manager is responsible for ensuring the conformity and integrity of the electrical installations. Compliance means compliance with regulations; Integrity means maintaining conformity.
The transfer of installation responsibility is enshrined in the Civil Code 3 with title 5 Possession and holding.
For the electrical installations, this can be translated into the following provisions:
- possession and ownership is obtained by transfer of actual power over the conformity and integrity of the electrical installation;
- this transfer enables the transferee to exercise such power as the driver himself could exercise over the electrical installation; the transfer of installation responsibility requires a two-sided declaration;
- the transfer includes all its qualities and defects.
This means that the transferee of power, under civil law, is responsible for the conformity and integrity of the electrical installations.
Liability is enshrined in Civil Code 6 with title 3 tort.
For the electrical installations, this can be translated into the following provisions:
- the owner of an installation which does not meet the requirements which may be imposed on him in the circumstances and therefore constitutes a danger to persons and property shall be liable when such danger is realised;
- the producer is liable for the damage caused by a defect in his product;
- A product is defective if it does not offer the safety that one can expect from it, taking into account all circumstances.
Therefore, the plant manager must control all critical control factors to ensure the electrical conformity and integrity of the electrical installations.
Only compliance with the Installation Responsibility Directive and the provisions of this Directive can ensure electrical integrity and safety.
Geen reacties