DM 22/01/2008 n. 37 Ministry of Economic Development
DM 22/01/2008 n. 37
Regulation concerning the implementation of Article 11-quaterdecies, paragraph 13, letter a) of Law No 248, 2 December 2005 on reorganization of the provisions relating to undertakings for installation of facilities within the buildings.
Published in the Official Gazette. No. March 12, 2008, No 61.
THE MINISTER OF ECONOMIC DEVELOPMENT agreement with the Minister of ENVIRONMENT AND THE PROTECTION OF LAND AND SEA
Having regard to Article 87, fifth paragraph, of the Constitution;
Having regard to Article 11-quaterdecies, paragraph 13, letter a) of Decree-Law of 30 September 2005, no 203, enacted into law, with ny change, Article 1 of the Law of 2 December 2005, n. 248
on measures against tax evasion and tax relief provisions in tax and financial
Having regard to Article 17, paragraph 3 of Law August 23, 1988, No 400;
Having regard to Articles 8, 14 and 16 of Law 5 March 1990, No 46, laying down rules for the safety of facilities;
the Order of the President of the Republic April 18, 1994, No 392, embodying the Regulations on the procedure for recognition of companies for the installation, expansion and processing plants meet the safety standards;
view of the Law of 5 January 1996, n. 25, on the postponement of deadlines set by laws in the field of productive activities, and other urgent measures and amendments;
the Order of the President of the Republic 14 December 1999, n. 558, amending the regulation concerning standards for the simplification of rules concerning the commercial register, and for the simplification of procedures related to reporting of early activity and the application for registration with the register of small businesses or enterprise particular categories of assets subject to verification of certain technical requirements;
the Order of the President of the Republic April 30, 1999, No 162, on the regulation laying down rules for the implementation of Directive 95/16/EC on lifts and simplification of procedures for the granting of clearance for lifts and elevators, as well as of its operating license and its subsequent amendments;
Having regard to Article 1 of Decree-Law-quarter May 12, 2006, No 173, enacted into law with amendments by Law 12 July 2006, No 228, regarding extension of deadlines for the adoption of regulatory acts;
to Article 3, paragraph 1, of Decree-Law of 28 December 2006, no 300 (extension of deadlines set by laws and other provisions), converted with amendments into law February 26, 2007, No 17;
heard the opinion of the State Council, the Consultative Section for legislative acts, issued in General of 7 May 2007, no 159/2007; Given the communication to the President of the Council of Ministers, under Article 17 of Law 400, 1998, carried out with footnote 0018603-17.8.2 / 1, 16 November 2007;
A
learned the following rules: 1
Art.
Scope
1. These Regulations shall apply to facilities placed at the service of buildings, regardless of intended use, located within the same or related appliances. If the system is connected to distribution networks will apply from the point of delivery of the supply.
2. The equipment referred to in paragraph 1 shall be classified as follows: a.
plants, processing, transport, distribution and use of electricity, plant protection against lightning, as well as installations for the automation of doors, gates and barriers;
b. broadcasting systems, antennas and electronic systems in general;
c. heating, air conditioning, air conditioning and refrigeration equipment of any nature or kind, including the evacuation of combustion products and condensate, and air conditioning and ventilation of the premises;
d. water and sanitation of any kind or species;
e. facilities for the distribution and use of gas of any type, including the evacuation of combustion products and ventilation and aeration of the premises;
f. lifting equipment of persons or things by means of lifts, elevators, escalators and the like;
g. fire protection systems.
3. The plants or plant parts that are subject to security requirements in the implementation of Community law, or specific legislation, are not covered for these aspects, the provisions of this decree.
Article 2. Definitions for facilities
1. For the purposes of this Decree shall apply: a.
point of delivery: the point at which the supplier or distributor makes available to the user of electricity, natural gas or other, water, or the point of placing the fuel depot located, including loan, from the user;
b. power draw: the greater of the power under contract to any supplier of energy and the total current rating of the power-generating systems may be installed;
c. technical offices: structures formed by human and material resources in charge of plant engineering, construction equipment and their maintenance company whose leaders possess the technical and professional requirements set out in Article 4;
d. Routine maintenance: actions taken to contain the deterioration of normal use, and to deal with accidental events involving the need of early interventions, which may not alter the structure of the system on which you operate, or its intended use in accordance with the provisions of the technical rules and the owner's manual and the manufacturer's maintenance;
e. production facilities, processing, transmission, distribution, use of electricity: the power supply circuits of the user equipment and plug sockets with the exception of electrical equipment of machines, tools, electrical appliances in general. As part of the electrical systems also include those to produce energy for up to 20 kw rated, the facilities for the automation of doors, gates and barriers, as well as those located outside buildings if they are connected, if only functionally, buildings;
f. broadcasting systems and electronics components plant necessary for the transmission and reception of signals and data, including those relating to safety equipment, permanently installed powered voltage below 50 V AC and 120 V DC, while the components fueled by higher-voltage systems and surge protection are believed to be belonging to the electrical system, with the authorization, installation and expansion of telecommunications and impiantitelefonici interior connected to the public, specific rules apply force;
g. plants for the distribution and use of gas: the set of pipes, tanks and accessories, from the point of delivery of gas, even in liquid form, to the appliances, the installation and connection therewith, the arrangements for the construction and mechanical ventilation and ventilation of the premises which must be installed in the plant, the construction and mechanical arrangements for discharge outside of the combustion products;
h. fire protection systems: the fuel systems of fire hydrants, automatic termination of automatic and manual systems as well as gas detection, smoke and fire;
i. CEI: Italian Electrotechnical Committee;
j. UNI: Ente Italian National Standards.
Article 3.
qualified company
1. The companies listed in the register of companies in the decree of the President December 7, 1995, No 581, as amended, the following register of companies or the provincial of the trades covered by the Act Aug. 8, 1985, No 443, the following register of small businesses, are empowered to pursue the activities referred to in Article 1, when the sole proprietor or legal representative or the technical manager in charge of them by a formal act, is in possession of the professional requirements Article 4.
2. The technical manager referred to in paragraph 1 shall perform this function for a single undertaking and capacity is compatible with any other ongoing activity.
3. Companies wishing to engage in activities related to facilities listed in Article 1 shall make declaration of beginning activity in accordance with Article 19 of the Law of 7 August 1990 241, as amended, pointing specifically to what point and as the voice of those listed in that article 1, paragraph 2, be engaged and state, also possess the technical and professional requirements of Article 4, required for work to be carried.
4. The trades made the declaration referred to in paragraph 3, together with the application of enrollment of small businesses to verification of the possession of the required technical and professional requirements and the subsequent recognition of the status of craftsmanship. The other companies
5. submit the declaration referred to in paragraph 3 together with the application form, at the office of the register.
6. Companies that are not installed, which have technical offices are authorized to install, modify, extend and maintain facilities, relating only to its internal structures and limits the type of work for which the manager meets the requirements in Article 4.
7. The companies referred to in paragraphs 1, 3, 4 and 5, which have been recognized technical-professional are entitled to a certificate of approval in accordance with designs approved by the Minister of Industry, Commerce and Handicrafts 11 June 1992. The certificate is issued by the relevant provincial committees for the craft, of which the law August 8, 1985, No 443, as amended, or by the relevant chambers of commerce, referred to the Law of 29 December 1993 580, as amended.
Section 4 Technical and professional
1. The requirements are technical, professional, alternatively, one of the following: a.
bachelor's degree in special technical degree from a state university or a legally recognized;
b. diploma qualification awarded at the end of the second cycle of secondary education with a specialization in the area of \u200b\u200bactivities listed in Article 1 as a state institution or recognized by law, followed by a period of integration, at least two years continuously, directly employed by an enterprise of sector. The period of integration for the activities listed in Article 1, paragraph 2, letter d) is one year;
c. license or certificate obtained under the existing legislation on vocational training, after a period of integration, at least four consecutive years, reporting directly to a company in the sector. The period of integration for the activities listed in Article 1, paragraph 2, letter d) is two years;
d. provide work, directly to a qualified company in the field of activity covered by the installer service worker for a period not exceeding three years, except that counts for apprenticeship and that played as a skilled worker, as shop-floor installer with the grade of specialist in the installation, transformation, expansion and maintenance of the facilities listed in Article 1.
2. The periods of placement under b) and c) work performance under d) of paragraph 1 may also take place in the form of ongoing technical collaboration within the enterprise by the proprietor, partners and collaborators family. We consider also in possession of technical and professional requirements under Article 4, the company owner, family members and employees who have worked continuously for technical cooperation in the field of qualified firms for a period not less than six years. For the activities referred to in subparagraph d) of Article 1, paragraph 2, this period can not be less than four years.
Article 5
plant design
1. For installation, conversion and extension of the facilities listed in Article 1, paragraph 2, letters a), b), c), d), e), g) has drawn up a project. Subject to compliance with the regulations more stringent design, in the circumstances referred to in paragraph 2 of the draft prepared by a professional is entitled to practice in accordance with the technical skills required while in other cases, the project, as specified in Article 7, paragraph 2, prepared, alternatively, the technical manager of the install.
2. The project for the installation, alteration and extension, is drafted by a professional member in professional associations according to the specific technical skills required in the following cases: a.
facilities listed in Article 1, paragraph 2, letter a), for all utilities and condominium housing units of single households having committed power exceeding 6 kW or households of single units of an area exceeding 400 square meters;
b. electrical installations made with cold cathode fluorescent lamps, connected to electrical systems, for which the project is required and in any case for power plants total of more than 1200 VA output power supplies;
c. facilities listed in Article 1, paragraph 2, letter a), relating to property used for productive activities, trade in services and other uses, when the load is powered at over 1000, including the low tension, or when the services are supplied with low voltage power used more than 6 kW or where the area exceeds 200 square meters;
d. electrical supplies related to property units, even partially, of an environment with specific rules of the CEI, in the case of premises used for medical purposes or for which there is danger of increased risk of fire or explosion, and the systems of protection Lightning in buildings of more than 200 cubic meters volume;
e. facilities listed in Article 1, paragraph 2, letter b), relating to electronic systems usually coexist with electrical systems when required by design;
f. facilities listed in Article 1, paragraph 2, letter c), with branched flue and air conditioning equipment for all uses with a cooling capacity greater than or equal to 40,000 refrigeration units / hour;
g. facilities listed in Article 1, paragraph 2, letter e), relating to the distribution and use of flammable gases with a thermal capacity greater than 50 kw or with flue branched, or related to medical gas systems for hospital and similar, including storage,
h. facilities listed in Article 1, paragraph 2, letter g), if they are included in an activity subject to the certificate and fire prevention, however, when fire hydrants are in number equal to or greater than 4 or detection devices are in numbers equal to or greater than 10.
3. The system designs are developed in accordance with the rule of art. The projects developed in accordance with with current legislation and implications of the guides and rules of the Unit, the IEC and other standardization bodies belonging to the European Union Member States or that are parties to the European Economic Area, shall be deemed drafted in accordance with Rule art.
4. The projects include at least the planimetric drawings and diagrams of the plant and a technical report on the consistency and type of installation, conversion or enlargement of the system, with particular regard to the type and characteristics of materials and components to be used and prevention measures and safety precautions. In the places most at risk of fire and those with a risk of explosion, Special attention is given to the choice of materials ecomponenti be used in accordance with the specific technical regulations in force.
5. If the plant-based project has changed in the process, the proposed project is integrated with the necessary technical documentation certifying the variants, which, in addition to the project, the installer must refer to the declaration of conformity .
6. The project, referred to in paragraph 2, shall be deposited with the single point for the building of the municipality where the plant must be made within the period prescribed in Article 11.
Article 6
Construction and installation of
1. The firms have facilities in accordance with the rule of art, in accordance with current legislation and are responsible for the proper execution of the same. The plants manufactured in compliance with current legislation and standards unit, the IEC and other standardization bodies belonging to the European Union Member States or that are parties to the European Economic Area, shall be deemed performed in accordance with Rule art.
2. With regard to production activities, apply the general safety of Article 1 of Decree of President of the Council of Ministers 31 March 1989 and its amendments.
3. The electrical equipment in a residential building units made before March 13, 1990 shall be deemed when equipped with appropriate isolation and overcurrent protection to begin with the places, the protection against direct contact, protection against indirect contact protection circuit breaker having a rated residual current not exceeding 30 mA.
Article 7 Compliance Statement
1. On completion of work, after carrying out the checks provided for by law, including the functionality of the system, the installing company shall deliver to the customer's declaration of conformity of the facilities created in accordance with the provisions of Article 6. In this declaration, made on the basis of the model in Annex I, are an integral part the report describing the type of materials used and the draft of Article 5.
2. In cases where the project is prepared by the technical manager of the company installing the developed technique is at least the outline of the system to be implemented, understood as a functional and effective description of the work to be performed eventually integrated with the necessary technical documentation certifying the changes made during construction.
3. In the event of a partial renovation of facilities, the project, the statement of compliance and certification testing where applicable, refer only to the installations covered by the work of rebuilding, but take into account security and functionality of the plant. The declaration referred to in paragraph 1 and Article 5 in the draft, it is expressly stated technical compatibility with the existing conditions of the plant.
4. The declaration of conformity is also issued by the heads of the technical offices of companies that are not installed in Article 3, paragraph 3, according to the model in Annex II to this decree.
5. The content of the models in Annexes I and II may be amended or supplemented by Ministerial Order needs to update a technical nature.
6. In the case where the declaration of compliance under this section, except as provided in Article 15 is not manufactured or not more available, this Act is replaced - for systems installed before the entry into force of this decree - a declaration of compliance, issued by a professional in the professional writing for specific technical requirements, which he practiced, for at least five years, in a plant covered by the statement, in personal responsibility, following an inspection and investigation, or, for facilities not falling within the scope of article 5, paragraph 2, by a person who holds for at least 5 years, the role of technical manager of an empowered under Article 3, which operates a plant in the area covered by the declaration.
Article 8 Obligations of the developer or owner
1. The customer is obliged to entrust the work of installation, conversion, expansion and maintenance of the facilities listed in Article 1, paragraph 2, to qualified firms in accordance with Article 3.
2. The owner of adopting the necessary measures to preserve the security features provided by existing legislation, taking account of the instructions for use and maintenance in place by the installation of the equipment manufacturers and installed. This is without prejudice to the responsibility of suppliers or distributors, parts of the plant and its technical components installed or operated by them.
3. The client dall'allacciamento within 30 days of a new supply of gas, electricity, water, buildings of any intended use, delivery to the distributor or retailer a copy of the declaration of conformity, made in accordance with Annex I excluding annexes required, or a copy of the declaration of compliance under Article 7, paragraph 6. The same documentation is delivered in case of request for increase in power committed a result of work on the system, or an increase in power that no work on the causes of the achievement levels of power used in Article 5, paragraph 2 or otherwise, for the plants electric power of 6 kw.
4. The requirements of paragraph 3 shall apply in all cases of supply and demand for new variation of thermal gas.
5. Without prejudice to any action by the competent authorities, once the period referred to in paragraph 3 that is produced without the declaration of conformity referred to in Article 7, paragraph 1, the supplier or distributor of gas, electricity or water, after reasonable notice, suspend the provision.
Article 9
Certificate of viability
1. The certificate of fitness for use is issued by the competent authority after obtaining the declaration of conformity referred to in Article 7, and the test certificate of installed equipment, where required by law.
Article 10 Maintenance of equipment
1. Routine maintenance of the facilities listed in Article 1 shall not entail the preparation of the project nor the award of the testing, or compliance with the obligation under Article 8, paragraph 1, subject to the provisions of the next paragraph 3.
2. Are excluded from the requirements of the project preparation and attestation of testing facilities for household appliances and the provision of temporary power for construction and similar facilities, subject to the requirement of a declaration of conformity.
3. For the maintenance of the lifts and elevators in private service applies to Presidential Decree of 30 April 1999, no 162 and other specific requirements. Article 11
Luggage at the one-stop shop for construction of the project, the declaration of conformity or inspection certificate
1. For the rehabilitation or installation of new plants referred to in Article 1, paragraph 2, letters a) b) c) d) e), g) and h), relating to buildings for which it is already practicability of the certificate was issued without prejudice to the obligations of the acquisition of acts of assent, however denominated, the installing company
2. deposit within 30 days of completion of work at the door single building, referred to in Article 5 of the Decree of the President of the Republic 6 June 2001, No 380, common base of the plant, the declaration of conformity and the draft drawn up under Article 5, or the certificate of test of the systems installed, where required by law.
3. For works of installation, conversion and expansion of facilities that are related to construction projects subject to building permit or a declaration of commencement of activity, by Decree of the President of the Republic 6 June 2001, No 380, the titular subject of planning permission or the object that made the complaint of commencement of activity registered the design of installations to be carried out at one-stop building of the municipality must be conducting the intervention, together with the building project.
4. The single point of Article 5 of the Decree of President of the Republic 6 June 2001, No 380, forwards a copy of the declaration of conformity with the Chamber of Commerce, Industry, Trade and Agriculture in whose area the company is based executor of the plant, which provides consequent findings with the results of the register of the register of companies or provincial companies craft, to claims and notifications in accordance with Article 14 of Law 24 November 1981, No 689, as amended, of any violations, and the imposition of financial penalties pursuant to Article 20, paragraph 1, and 42, paragraph 1, of Legislative Decree 31 March 1998, No 112.
Article 12 Contents of the record on
1. At the start of work on the construction or renovation of the building containing the premises referred to in Article 1, the installing company shall put up a sign by showing their identification information is provided for the preparation of the project by the persons referred to in 'Article 5, paragraph 2, the name of the designer of the plant or facility.
Article 13 (Deleted by Law No 112 of 06.25.2008)
Documentation
1. The recipients of the requirements provided for in this Decree shall retain administrative and technical documentation, and the owner's manual and maintenance and, in case of transfer of the property, for any reason, delivery to the person concerned. The deed of transfer gives the guarantee of the seller as to the conformity of equipment with applicable safety and contains in its annex, where expressly agreed that the declaration of conformity or declaration of compliance referred to in Article 7, paragraph 6. A copy of the same documentation is also given to the person who uses, for any reason, the immovable property.
Article 14 Funding of technical standards
1. In implementation of Article 8 of Law No 46/1990, technical standardization activities carried out by UNI and CEI is for three percent of the fee payable annually by the National Institute for Insurance against Accidents at Work (INAIL) for research activities under
2. Article 3, paragraph 3, of Decree-Law of 30 June 1982, no 390, ratified with amendments by Law 12 August 1982, No 597.
3. The sum referred to in paragraph 1, calculated on the amount of the contribution paid by INAIL is entered against a specific section of the estimate of expenditure of the Ministry of Economic Development for 2007 and expense projections for the years of the corresponding chapter following. Article 15 Penalties
1. Violations of its obligations under Article 7 of this decree apply administrative sanctions from € 100.00 to € 1000.00 in relation to the size and complexity, the degree of danger and other objective and subjective circumstances of the violation.
2. Violations of other obligations under this Decree shall apply administrative sanctions to be € 1000.00 € 10,000.00 with their size and complexity, the degree of danger and other objective and subjective circumstances of the violation.
3. The violations found, however, through testing, out of the installer companies are reported to the Chamber of Commerce, Industry, Trade and Agriculture competent for the area which provides the annotation of small businesses in the provincial or trade register in which the company is in default entered by the minutes.
4. The three times repeated violation of the rules on the safety of installations by qualified firms also requires in serious cases, temporary suspension of registration of the same companies from register of companies from the register or the provincial of the trades, on a proposal of those found and on the opinion of the committees that oversee the keeping of records and the registers.
5. In the third violation of rules concerning the design and testing, the subjects proposed to supervisors, professional disciplinary action against members of the professionals in their respective registers.
6. Imposition of penalties referred to in this Article shall the chambers of commerce, industry, handicrafts and agriculture.
7. Are null and void under Article 1418 of the Civil Code, the agreements relating to activities governed by this Regulation entered into by companies not authorized within the meaning of Article 3, except the right to claim damages.
This decree, bearing the seal of the State, will be included in the official collection of normative acts of the Italian Republic.
E 'is mandatory for all to observe and enforce them.
