Jersey Unreported Judgments

[2005]JRC017

ROYAL COURT

(Samedi Division)

 

11^th February 2005

 

 

The Attorney General

-v-

Gordon & Gallagher Limited

 

 

 

2 counts of:

Contravening Article 9 of the Public Health (Control of Buildings) (Jersey) Law 1956. Count 1:  by failing to construct an electrical installation to a standard required by              bye-laws 5 and 7 of the Building Bye-Laws (Jersey) 2001. Count 2:  by failing to give written notice of completion of building work to electrical supply company within 2 working days of its completion as required by bye-law 14 (4) of the Building Bye-Laws (Jersey) 2001.

 

 

 

Plea:    Facts admitted.

 

Details of Offence:

The Defendant (an electrical company) was appointed to carry out electrical work at a children's nursery which included the installation of lighting, power, heating and alarm circuits throughout the nursery.  The works were completed in advance of the nursery re-opening to the public with the Defendant returning on one occasion to carry out further minor works.  An electrical fault developed approximately 7 months later and an independent electrician carried out an inspection of the electrics having expressed concern about what he had seen whilst he carried out the repairs.  It subsequently transpired that the Defendant had installed inappropriate heaters in the children's sleeping room, using heaters generally installed in garden nurseries or warehouses.  Furthermore the heaters were incorrectly positioned by the Defendant who left a space of 100 mm between the heater and the ceiling when a space of 250 mm was required- resulting in the heaters causing damage to the ceiling tiles in the infants' sleeping room.  The nursery was told to stop using the heaters immediately as they posed a safety hazard (charge 1).  The Defendant also re-used an electrical distribution board already in the property despite it no longer complying with the relevant electrical standards (charge 1).  The Defendant had also failed to provide notice to the JEC within two days as required by the bye-laws (charge 2).

 

Details of Mitigation:

Guilty plea.

The Defendant admitted the infractions as quickly as possible considering the technical complexities of the infraction.

The Defendant was placed under pressure to complete the works for the nursery open day.

There was no injury sustained whilst the heaters and distribution board were being used at the nursery.

 

Previous Convictions:

None.

 

Conclusions:

 

Count 1:	£7,500 fine
Count 2:	£   500 fine.
	£1,500 costs.

 

 

Sentence and Observations of Court:

Conclusions granted.  There was very little mitigation that could be put forward for the Defendant.  The building regulations must take precedence no matter how pressing other issues were.

 

 

 

C.M.M Yates, Esq., Crown Advocate.

Advocate S.J. Young for the Defendant Company.

 

 

 

JUDGMENT

 

 

 

THE COMMISSIONER:

1.        The Court has to say that in this case we find there is little mitigation of the offence.  We note that the quotation included a new board that was not fitted.  Clearly, the Company knew the job was not complete and that they should have gone back and failed to do so.  We note the immediate dissatisfaction of NAPIT (National Association of Professional Inspectors and Testers) leading to immediate expulsion subject to appeal.

2.        We have to say this, the Regulations must take precedence over the Nursery's directors, however, pressing they may be.  In the circumstances we accept the Crown's recommendations. The fines are £7,500 on count 1 and £500 on count 2. 

(Discussion on Costs followed)

3.        In this particular case I propose to award costs in the amount requested by the Crown, that is £1,500.

Authorities

A.G. -v- Camerons Limited and Anor [2003]JRC227A.