Decree No. 139 / 1983 Coll.
Decree of the Federal Ministry of Fuel and Energy on the essential conditions of heat supply
Valid
Effective from 01.01.1984
139
DECLARATION
Federal Ministry of Fuel and Energy
of 29 November 1983
on basic conditions for the supply of heat
The Federal Ministry of Fuel and Energy, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic, provides, pursuant to § 392 (1) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 45 / 1983 Coll.:
Subject matter
This decree regulates the supply of heat from centralised heat supply systems (1) between socialist organisations.2)
Distribution of customers
(1) Large-scale customers are heat customers with an annual sample of 12 500 GJ or more for one sampling point.
(2) The medium-sized customers are heat customers with an annual sample of 1000 GJ including up to 12 500 GJ per sampling point.
(3) Small customers are heat customers with an annual sample of up to 1000 GJ per sampling point.
(4) The sampling site consists of one or more heat collectors (2a) with one type of heat carrier with the same parameters.
Delivery and technical conditions
(1) In the case of GJs, a tolerance of + 3% and - 10% is permitted for wholesale and medium-sized customers during the contract period.
(2) The pressure and temperature of the supplied steam, hot or hot water shall be agreed by the organisation in the contract and their minimum and maximum values shall be agreed at the same time.
(3) The collector shall be obliged to evaluate the heat consumption in the operating log, record the declared control levels, the state of the heat collection facility and other data related to the supply and heat collection. The operational data relating to the supply and removal of heat shall be submitted to the supplier upon request.
(4) The collector shall report to the supplier without undue delay any defects on the heat demand facility (including ancillary customer devices) affecting the supply of heat and ensure that they are removed as quickly as possible; However, it shall not interfere with the primary steam or hot water circuit unless agreed with the supplier in the contract.
(5) The supplier shall be entitled, with the participation of the customer, to check the heat demand facility with both customers and ancillary customers, to check compliance with the agreed technical conditions and the accuracy of the customer's data.
Conclusion of an economic contract
(1) The economic contract for the supply and collection of heat is to be concluded separately for each sampling point. The formalities necessary for the creation of the contract are:
(a) a certified heat recovery application;
(b) technical and delivery conditions which are normally negotiated without a time limit;
(c) the sampling chart in which the subject matter of the transaction and the contractual period are negotiated.
(2) The economic contract with retail customers is concluded for an indefinite period and is constituted by a certified heat claim.
(3) No later than 3 months before the start of the heat collection, the buyer shall submit to the supplier an application for purchase and a draft of the technical and delivery conditions on the forms issued by the supplier. The supplier shall comment on the documents submitted within 20 days of their delivery.
(4) No later than 10 days before the contract period, the wholesale and medium-sized customers are obliged to negotiate a sample diagram with the supplier. If the customer or supplier does not notify in writing within the same time limit that he insists on negotiating a new sample diagram, the validity of the sample diagram shall be extended to the next contractual period; This applies only to heat collection for heating and heating hot utility water.
(5) The contractual period is annual or quarterly for wholesale and medium-sized customers.
(6) The sample diagrams shall negotiate the quantity of heat and its distribution into the quantity intended for the population and for other consumption, the amount of heat output and the time period of collection in the contract period. The time course may be hourly, exchange, daily, monthly, quarterly or annual. The type of sample diagram shall be determined by the supplier after consultation with the customer.
(7) The supplier may specify specific technical and delivery conditions and the way in which the sampling diagrams are to be negotiated, including provisions on regulatory measures, for the period until the completion of the built-in heat treatment (2a).
Implementation of the economic contract
(1) The supply is satisfied by transferring the agreed amount of heat from the supplier's equipment to the heat collection facility (2a).
(2) The collector is not entitled to use the heat supplied for purposes other than the contract. The collector may, with the consent of the supplier, leave the heat to the customers connected by hand. The provisions of this Order shall apply mutatis mutandis to the relations between the customer and the customer-connected customer.
(3) The collector is obliged to permanently return both condensate and reversible water. Only losses corresponding to the technical condition and extent of the customer's equipment are allowed, but not more than 5% for steam and 0,5% for hot (hot) water. In exceptional cases, given the nature of the heat consumption, the organisation may agree in the contract to use condensate or water from the heat network for the customer's needs.
(4) The recovered condensate shall not be contaminated more than agreed with the supplier in the contract. In justified cases, the supplier may require the customer to procure and install on his cargo an automatic reporting of the purity of the returned condensate, which signals, or directly prevents the return of the contaminated condensate above the agreed value, or the customer to regularly take samples of the condensate and carry out their laboratory analyses. Condensate contaminated more than agreed with the supplier shall be deemed not to have been returned.
(5) The quantity and quality of returned condensate or reversible water shall be evaluated on a monthly basis and, where appropriate, under a shorter period agreed in the contract according to the supplier's operating conditions, at the point of transition from the customer's facilities to the supplier's facilities. Organisations may also agree on the place of evaluation in the contract.
Amendment and decommitment
(1) The customer must notify the supplier no later than 10 days in advance of the change of the facts specified in the heat recovery application.
(2) If the new user takes over an object in which the heat collection device (2a) is connected to the heat distribution, 2b) is obliged to submit to the supplier an application for the purchase no later than 30 days before the start of the purchase and within 3 days after the receipt of the building, notify the status of the heat meter at the date of receipt.
(3) The customer is obliged to notify the supplier no later than 30 days in advance of the completion of the final reading of the heat meter and, where appropriate, of other measures related to the termination of the supply and purchase. If the customer fails to comply with these obligations, the supplier shall pay all heat collected and paid for the use of measuring equipment until the application has been filed by the new customer or the removal of measuring equipment.
Measurement and evaluation of sampling
(1) The supplier measures the supply of heat by his equipment. If this is not possible, they shall measure the supply of heat by the customer's equipment if the customer agrees. The measuring device shall be installed, connected and maintained by the supplier on a fee basis. The method of measurement, type and location of the measuring equipment shall be determined by the supplier in accordance with the specific provisions. (c)
(2) If the heat supply is measured only by a condensate water meter, the amount of steam delivered shall be 105% of the quantity measured by the condensate, unless a different coefficient for determining the quantity is agreed in the contract, taking into account the nature of the heat sampling device.
(3) A collector who, for technological reasons, requires precise regulation of the supply of heat (power, pressure, temperature, etc.) shall build on his cargo equipment for their remote measurement and regulation at the site specified by the supplier.
(4) The collector is obliged to provide for his load the necessary electrical supply with a separate circuit and to cover the electricity consumption for the measuring, auxiliary and control equipment of the supplier located in the customer's premises.
(5) The collector shall ensure that the measuring equipment is not damaged or stolen, monitor the correct operation of the heat meters and report to the supplier within 3 days of the detection of any defects and abnormalities in the measurement, as well as any obvious malfunction in the installation before the measuring device. In addition, the customer is obliged to ensure and maintain a secure access to heat meters.
(6) The collector may, for his own use, install his own secondary or control heat meters connected to the supplier's measuring equipment; the measuring instruments shall be so installed as not to affect the operation of the supplier's measuring equipment. The supplier does not check the accuracy of measurements of secondary or control meters and does not deduct their states. The customer's undercut or control meters are separately marked. If the supplier's measuring equipment fails, the customer's heat control meter data may be used.
(7) If the supplier cannot ensure the measurement of the heat supply, the organisation shall agree in the contract the method of determining the amount of heat consumption. The penalties for unmeasured heat intended for at least part of the population are governed by specific rules. 2d)
(1) If the customer has doubts as to the accuracy of the heat meter data, he may request a check by the supplier in writing.
(2) The supplier shall ensure that the heat meter is checked within 30 days of receipt of the customer's request or of the heat meter replacement if the heat meter has been checked at the supplier's initiative.
(3) If it is found when checking that the meter data are within the accuracy class specified by the manufacturer, the customer shall bear the costs of checking it outside the cases where the check took place at the initiative of the supplier.
(4) If, when checking that the meter data deviates from the permissible value referred to in paragraph 3, the supplier shall replace the heat meter with his cargo and the beneficiary organisation shall pay the other organisation an amount corresponding to the error in the meter data from the date on which the defect was demonstrated and, if it cannot be ascertained, from the date preceding the deduction.
(5) If the heat consumption cannot be accurately determined during the period of failure of the heat meter, it shall be calculated according to the control or secondary meter data or the average consumption in the previous comparable periods; for heating supplies according to consumption in a climate-equal and properly measured period, or others with a customer agreed in an agreed manner.
Regulation, restriction and interruption of supply and heat collection
(1) In order to ensure the smooth supply of heat to all customers, the supplier shall be entitled to implement the regulatory measures set out in the economic contract as necessary.
(2) The supplier is entitled to limit or interrupt the supply of heat subject to the conditions set out in Section 12:
(a) when carrying out planned repairs, maintenance and revision work;
(b) in the removal of accidents (accidents) and technical equipment disorders (8) and in other urgent maintenance and revision work;
(c) when changing the heat carrier or its parameters, 8a)
(d) in the event of natural disasters (e.g. storm, storm, fire, flood, landslide),
(e) in the absence of compliance with regulatory measures under the regulatory plan by the customer,
(f) if the customer's equipment does not comply to the extent that it is liable to endanger the safety of life or property, to cause excessive losses in the heat consumption or failure of the supplier or other customers;
(g) if the customer does not allow the supplier access to the measuring and sampling heat equipment,
(h) where the customer has been found to have obtained an unauthorised withdrawal;
(ch) if the customer has changed the connection value of the heat sampling equipment without the supplier's consent, or if the heat-control aperture has changed,
(i) if the customer does not comply with the order of the inspection authority to remedy the defects in the heat collection facility;
(j) if the customer leaves the heat to other customers without the supplier's consent,
(k) if the customer returns condensate or reversible water at a lower quantity or at a higher temperature, or condensate of a lower quality than that provided for in Section 7, or, where appropriate, agreed in the contract, so as to jeopardise the operation of the source,
(l) if the customer does not comply with the time course agreed in the sampling diagram,
(m) for the necessary operational reasons; However, at a time when the customer was entitled to remove heat according to the sampling chart, this interruption may not exceed 30 minutes in individual cases, exceptional cases may be agreed in the contract individually according to the technical possibilities of the supplier,
(n) because of the failure to pay the specified instalments or invoices for the supply of heat to those customers who have failed to fulfil their obligations even within an additional period to be determined by the supplier by warning them that they will be interrupted.
(3) The supplier shall be entitled to restrict or interrupt the supply of heat if the water operator restricts or otherwise modifies the supply of drinking water or its use, 9) if the supply of heat would be contrary to such treatment.
(1) The supplier shall:
(a) notify the customer in writing at least 40 days in advance, if he intends to carry out the planned repairs, maintenance and revision work, and at least 10 days in advance if other urgent maintenance and revision work is necessary;
(b) notify the customer of the change of the heat carrier or their parameters in accordance with specific regulations, 8a)
(c) inform customers in writing of restrictions or interruptions in the cases referred to in Article 11 (2) (g) to (j) and (n);
(d) notify customers by telephone or other agreed means that they will restrict or interrupt their delivery if they do not, within a reasonable period of time, remedy the sampling defects referred to in Article 11 (2) (e), (k) and (l);
(e) notify the customer by telephone or by other agreed means that he will restrict or interrupt the delivery in the case referred to in Article 11 (2) (m).
(2) When operational accidents (accidents) and disturbances that threaten the safety of life or property are detected, the supplier shall interrupt the delivery immediately after the fault has been detected; if the customer is not present, the supplier shall inform him immediately.
(3) The supply of heat, limited or interrupted for reasons which are on the part of the customer, will be renewed by the supplier after any defects or causes for which the supply has been reduced or interrupted have been remedied.
The collector may restrict or discontinue the heat recovery for the reasons set out in Article 11 (2) (a), (b) and (d). It is obliged to treat it in the same way as the supplier pursuant to § 12.
Unauthorised collection
(1) Unauthorised procurement shall be considered as:
(a) where the customer draws heat without contract with the supplier, except where the economic contract has not been concluded for the circumstances of the supplier;
(b) if the customer takes such measures as to ensure that the measuring equipment does not either record or misrecord the heat consumption of the measuring equipment to the detriment of the supplier, or if the customer uses the equipment so modified;
(c) if the customer does not notify the supplier of a change in the facts specified in the heat recovery application pursuant to Article 8 (1),
(d) if the customer damages the supplier's measuring, auxiliary and control equipment, its official or business seals or the screen, or does not report accidental damage within 3 days of its detection.
(2) The quantity of heat unduly collected for non-measured or incorrectly measured samples shall be determined by considering the full load on all appliances and, where appropriate, the full load permitted by the aperture or the cut-off veneer for 16 hours per day, unless another period of use has been found; However, outside the heating period (9a), heating appliances shall not be taken into account. If a heat carrier has been removed from the primary circuit, the quantity taken shall be determined from the maximum flow quantity which may have been taken by the sampling line over a period of 24 hours. The daily consumption thus determined shall be multiplied by the number of days of unauthorised collection; If it is not possible to identify the whole period of unauthorised collection, sampling for the last subtraction period shall be determined.
(3) If it is not possible to establish the number and type of appliances with heat customers, the information in the contract shall be used as a basis for calculating the refund.
(4) The amount calculated in accordance with paragraph 2 shall be added to the costs associated with the detection of unauthorised collection.
Property sanctions
(1) For failure to deliver, withdraw or exceed the agreed quantity of heat, periodic penalty payments shall be fixed as follows:
(a) if the supplier does not deliver, except in the cases referred to in Paragraph 11 (2), the contracted quantity of heat, he shall be obliged to pay the customer a penalty of 100 CZK for each undelivered GJ,
(b) if the customer does not collect, except in the cases referred to in Section 13, the quantity of heat contracted, he is obliged to pay the supplier a penalty of 50 CZK for each GJ,
(c) if the customer exceeds the contracted quantity of heat, he shall be obliged to pay a penalty payment of 100 CZK for each GJ.
(2) For non-compliance or exceeding of the agreed performance, the following shall be determined for each penalty payment point:
(a) if the supplier fails to comply with the performance in MW continuously for more than 60 minutes or if the supplier interrupts the supply for that period at the time when the customer was entitled to take the heat, the supplier shall pay the customer a penalty of 500 CZK for each non-compliant MW;
(b) if the customer exceeds the output in MW, he is obliged to pay the supplier a penalty of 500 CZK for each MW of the highest excess measured in an hourly interval;
(c) if the customer exceeds the output in MW at the time the regulatory measure was announced, he shall pay the supplier a penalty of 5000 CZK for each MW for each case of exceeding the agreed value of the output for more than 15 minutes.
(3) For non-compliance with the agreed pressure and temperature of the steam or hot or hot water, except in the cases referred to in Section 11, the periodic penalty payment shall be as follows: if the heat supplier fails to comply continuously with the pressure, temperature or both for more than 60 minutes, he shall be obliged to pay the customer a periodic penalty payment of 25 CZK for each GJ delivered in a non-contract of agreed parameters.
(4) The periodic penalty payments referred to in paragraphs 2 and 3 shall be made only where the performance, pressure and / or temperature are detected at the transfer point or at the measuring point at the customer by means of registration devices or other means of proof.
(5) If the buyer does not return the quantity of condensate or refundable water agreed in the contract, he is obliged to pay the supplier a penalty of 15 CZK for each tonne of unreturned condensate or refundable water for the evaluation period (§ 7 (5)).
(6) The buyer shall be obliged to pay a penalty payment of 200 CZK to the supplier for the unauthorised heat extraction provided for in Article 14 (1) (a) and (b) for each illegally removed GJ.
(7) The customer is obliged to pay the supplier a penalty of 2000 Kčs for the unauthorised heat collection provided for in § 14 (1) (c) and (d).
(8) An organisation which has failed to comply with the time limit laid down in Articles 9 (5), 10 (2) and 12 (1) (a) is obliged to pay a legitimate organisation a penalty payment of 50 KCs for each day of delay, but not more than 1000 KCs.
Invoice and payment
Invoices and payments are governed by specific rules. 11)
Provisions common and final
(1) Organisations cannot agree by way of derogation from the provisions of Sections 2, 3 (1), 6 (1), (2) and (5), 11 (2) and 14.
(2) The provisions of this decree shall also govern legal relations arising before 1 April 1990; However, the establishment of such legal relations and the rights arising therefrom before 1 April 1990 shall be governed by existing rules.
The Federal Ministry of Fuel and Energy Decree 175 / 1973 Coll., which issues basic conditions for the supply of electricity and heat, as amended by Decree 107 / 1977 Coll. and Decree 27 / 1980 Coll., is hereby repealed.
This Decree shall take effect on 1 January 1984.
First Deputy:
Ing. Rusnák CSc. v. r.
1) ČSN 38 3350 Heat supply.
2) Paragraph 17 of the Economic Code.
2a) § 3 (5) of Act No. 89 / 1987 Coll., on the production, distribution and consumption of heat.
2b) § 3 (3) of Act No. 89 / 1987 Coll.
2c) Decree of the Federal Ministry of Fuel and Energy No. 94 / 1987 Coll., on heat management, connection conditions and change of heat transfer.
2d) Dimension of the Central Energy Administration and the Central Regional Economic Development Administration No 20 of 9.7.1965, as amended by the Czech Price Office 2646 / 31 / 70 and the Slovak Price Office 698-C / 70 / II.
8) Decree of the Czech Office of Labour Safety and the Czech Mining Office No. 110 / 1975 Coll., on the registration and registration of accidents at work and on the reporting of accidents (accidents) and technical equipment disorders. Decree of the Slovak Labour Safety Authority and Slovak Mining Authority No. 111 / 1975 Coll., on the registration and registration of accidents at work and on the reporting of accidents at work (accidents) and technical equipment failures.
8a) § 19 and 20 of Decree No. 94 / 1987 Coll.
9) Paragraph 30 (3) of Act No. 138 / 1973 Coll., on Water (Water Act).
9a) § 4 of Decree No. 94 / 1987 Coll.
11) Articles 14 and 15 of Decree of the Federal Ministry of Finance No 154 / 1975 Coll., on invoicing and payment of supplies of a non-investment nature.
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Regulation Information
| Citation | Decree of the Federal Ministry of Fuel and Energy No. 139 / 1983 Coll., on the Basic Conditions of Heat Supply |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.1983 |
|---|---|
| Effective from | 01.01.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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