Decree No. 140 / 1979 Coll.
Decree of the Federal Ministry of Fuel and Energy on the supply of heating gases to the population
Valid
Effective from 01.01.1980
Zobrazeno prvních 200 z celkem 210 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
140
DECLARATION
Federal Ministry of Fuel and Energy
of 23 November 1979
on the supply of heating gases to the population
In agreement with the central authorities involved, the Federal Ministry of Fuel and Energy provides, pursuant to § 26 of Act No. 67 / 1960 Coll., on the Production, Distribution and Use of Heating Gas (Gas Act):
Subject matter and scope of the adjustment
(1) This Decree lays down the conditions under which a gas undertaking (hereinafter referred to as the supplier) supplies to the population and non-socialist organisations (hereinafter referred to as "the buyer"), within the scope of the approved gasification plan, the coke oven gas, natural gas and propane-butane. These heating gases are supplied both from the pipeline network (hereinafter referred to as the "heating gas from the network ') and in pressure vessels for the transport of gas (hereinafter referred to as" liquefied fuel').
(2) The conditions laid down also apply to customers who collect heating gas from the network for their consumption by means of a socialist organisation other than a gas undertaking (service, business housing).
(3) The Decree applies mutatis mutandis to organisations other than natural gas undertakings authorised to sell liquefied fuel gas.
Supply of heating gases from the mains
Application for sampling
(1) The contract for the supply of heating gases from the network is concluded by confirming the application for the purchase of heating gases from the network (the "application") by the supplier; a copy of the validated application is received by the customer.
(2) The supplier shall provide the customer with information on the possibility of connecting the gas demand facility to the pipeline network in terms of its capacity and the gas connection capacity.
(1) The application on the supplier's form must be submitted before the start of the collection and for each sampling point separately.
(2) A single sampling point shall be considered as a sampling facility used by one customer to which the supply of gas from a network measured by a single gas meter takes place.
(3) The supplier shall decide whether a new application is to be submitted in doubt about the next sampling point.
(1) The application must be duly completed and signed by the customer and the owner (s) of the property by hand.
(2) The application must be accompanied by a certificate from the authorized organisation1) on the proper execution of the assembly work on the gas sampling facilities.
(3) The supplier is not obliged to examine or verify the authenticity of the customer's signature on the application. If another person has signed the application on behalf of the customer, the customer indicated in the application shall be obliged to pay the fuel gas collected unless he proves that the gas has been withdrawn by someone else.
(4) The supplier shall confirm the duly completed and validated application to the customer after technical examination (2) of the gas collection facilities, as provided for in paragraph 2. Infully or incorrectly filled out application will be returned by the supplier to the customer to complete the notice of failure.
(1) If the new customer takes over the rooms in which the gas collection facility is for the collection of heating gases from the network, he is obliged to submit an application within 8 days indicating the gas meter state at the time of taking over the rooms.
(2) The provisions of Section 4 shall apply to the particulars of the application and its confirmation. However, if there are no significant changes in the number and power of appliances on the sampling gas installation, if applicable, the application need not be confirmed by an approved organisation, the technical examination need not be carried out and not signed by the owner (s) of the property.
(3) If a new buyer of heating gases from the network omits to submit an application within 8 days, he shall be responsible for the entire collection from the date of the last deduction made to the previous customer.
(1) The collector is obliged to submit a new application to the supplier in the following cases:
(a) when requesting an extension of the collection;
(b) in the case of a request for the renewal of the supply and connection of the gas meter which was withdrawn when the gas supply was interrupted.
(2) Where an appliance of the same type is replaced by approximately the same rated power input, no new application is required. In cases of dispute, the supplier shall decide on the application. The authorised assembly organisation shall be responsible for the replacement, installation and testing of the appliance. 1)
(3) If the customer changes the surname (e.g. by marriage or by official change) or the name, he shall notify the supplier within 30 days, simultaneously submitting his copy of the certified application for repair.
(4) The collector shall be liable for any damage resulting from a breach of obligations under paragraphs 1 and 3.
Delivery, collection and measurement
(1) The supply of heating gases from the network is made by pipeline connections for public distribution to the gas demand facility used by the customer.
(2) The collector is entitled to collect the heating gas from the network only for the appliances specified in the application.
(3) The supplier has the right to verify at any time whether the number and type of appliances corresponds to the information in the application.
(1) The consumption of heating gases is measured and charged by the supplier according to the data of his own gas meter, which shall be installed, connected and maintained free of charge by the customer.
(2) The type of appropriate gas meter and its location shall be determined by the supplier. The supplier may, if necessary, replace his cargo with a gas meter fitted to the customer. Specific regulations apply to the connection and official verification of gas meters. 3)
(3) The supplier may, where justified, supply heating gas from the network without measuring for a pre-fixed flat-rate payment.
(4) The collector shall protect the gas meter located in the premises used by him from damage; where the gas meter is located in the common premises of the property, the owner (manager) of the property shall have this obligation.
(5) The collector shall report promptly to the supplier in writing the defects found on the gas meter.
(6) Any manipulation of the gas meter shall be carried out only by authorised personnel of the supplier who are obliged to legitimise the customer.
(1) If the customer has doubts as to the accuracy of the gas meter data, he may request a check in writing. the application shall state the state of the gas meter counter.
(2) The request to check the gas meter data does not exempt customers from the obligation to pay an advance payment or bill for the fuel gas collected within a specified period.
(3) The supplier shall verify the operation of the gas meter counter within 30 days of receipt of the customer's request; If the gas meter is defective or there is doubt about its correct functioning, it shall be replaced and tested.
(4) If it is found, when checking, that the value of the gas meter tested does not deviate from the actual value more than the national standard, (4) the cost of checking and replacing the gas meter shall be reimbursed by the customer.
(5) If, when checking the gas meter, the supplier is found to indicate a higher value which deviates from the actual value more than the national standard, 4) the supplier shall pay the customer an amount corresponding to the error in the gas meter data, from the date on which the fault was demonstrated, but not more than the last deduction made by the supplier before the customer's application for the gas meter examination.
(6) If it is found, when checking the gas meter, that it indicates a lower value which deviates from the actual value more than that permitted by the State standard, 4) the customer pays the supplier an amount corresponding to the error in the gas meter data, from the date on which the fault was established, but not more than the last deduction made by the supplier before the customer's application for the gas meter check was made.
(7) The costs of checking and replacing the gas meter shall be borne by the supplier in the cases referred to in paragraphs 5 and 6.
(8) If the actual gas consumption during the gas meter failure cannot be accurately determined, it shall be calculated according to the gas consumption over the same period of the last year, taking into account any changes in the number of appliances. If it is a new sample or a change in the sampling ratios, the supplier may charge this sample according to the sampling measured in the next reading period.
Unauthorised collection
Unauthorised collection of heating gases from the network shall be considered to be justified if the buyer:
(a) withdraw the fuel gas without an application certified by the supplier and the take is not measured by the gas meter;
(b) carry out such measures as to ensure that the gas meter either does not record the collection at all or records it incorrectly to the detriment of the supplier or uses the gas meter so modified knowingly;
(c) damage to the gas meter itself or to persons who may be temporarily present at the point of collection and it shall be established when checking the gas meter that the damage results in a lower value which deviates from the actual value more than the national standard; 4)
(d) move the gas meter without the supplier's knowledge;
(e) intentionally remove fuel gas from the network for purposes other than those agreed upon, or use appliances the use of which is prohibited under specific regulations.
(1) The quantity of heating gases from the network unduly collected for non-measured or incorrectly measured sampling within the meaning of Section 10 shall be determined by considering the full performance of all gas appliances with unmeasured or incorrectly measured sampling. This power shall be multiplied by the following duration of use, unless a longer period has been established:
| a) | u plynového vařiče | 2 hod. denně |
| b) | u plynového sporáku | |
| (květen až září) | 3 hod. denně | |
| (říjen až duben) | 5 hod. denně | |
| c) | u plynové chladničky | 24 hod. denně |
| d) | u průtokového ohřívače vody | 3 hod. denně |
| e) | u plynového vytápění včetně kombinovaných kotlů | |
| (květen až září) | 4 hod. denně | |
| (říjen až duben) | 12 hod. denně |
The daily gas consumption thus determined shall be multiplied by the number of days of unauthorised collection; If it is not possible to determine the total period of illegal collection, the collection shall be charged for the period from the last recorded gas meter but for a maximum period of three years.
(2) The basis for calculating the refund for unauthorised collection is the number and type of gas appliances indicated in the application and other facts found with the customer.
(3) The amounts calculated in accordance with paragraph 1 shall be added to the costs associated with the detection of undue collection.
(4) The highest retail price per m3 of heating gas determined by the price list, irrespective of the total quantity of gas, shall be used for the calculation of the refund for the unauthorised collection. The total amount of the refund shall be reduced by the amounts paid by the customer for the period of undue collection.
Restrictions and interruptions
(1) The supplier may restrict or interrupt the supply of heating gases from the network in the following cases:
(a) for reasons of operation (maintenance and revision work, failures, regulatory measures, restrictions or interruptions due to lack of pressure in the pipeline or due to natural interference, etc.);
(b) where the pressure or type of supplied heating gas is changed from the network (Paragraph 18 of the Gas Act);
(c) the customer's establishment does not comply with the regulations to the extent that there is a risk of explosion, fire or other threat to the safety of life or property;
(d) the purchaser prevents or does not allow authorised personnel of the supplier to access the gas meter or the gas demand facility;
(e) the customer fails to comply with the supplier's authorised staff's order to remedy the defects on the gas demand facility;
(f) the customer changes the number or type of gas appliances without the consent of the supplier;
(g) the customer has been found to be having an unauthorised purchase;
(h) the customer leaves the heating gas from the network to another citizen or organisation without the consent of the supplier;
(i) the customer has not completed the information in his application within 30 days at the request of the supplier;
(j) the customer has not paid, even after a written reminder to the organisation of the connections, an advance payment or a back payment on the bill for the gas collected.
(2) The restriction of supply means the reduction of the supply at the request of the supplier and the interruption of supply means the complete cessation of supply.
(3) The interrupted supply of heating gases from the network shall be renewed by the supplier after the removal of all the causes for which the supply has been interrupted and except in the cases referred to in paragraph 1 (a) and (b), after payment of the costs related to the renewal of the supply.
(4) The supplier shall not be liable for damage caused by the restriction or interruption of the supply of heating gases from the network to the customer. However, the supplier of heating gases from the network shall:
(a) notify customers, individually or in a mass manner, at a place normally at least 48 hours in advance of the interruption of the supply of heating gases from the network for the execution of planned maintenance and revision works, in particular on pipelines and pipelines for public distribution;
(b) notify a change in the type or pressure of heating gases at least 8 days in advance.
Change of type or pressure of gas
(1) The change in the type or pressure of the gas is carried out by the supplier according to a schedule of works which he is obliged to process in such a way that:
(a) the supply of gas for cooking and hot water for more than one week has not been interrupted by the customer;
(b) the supply of heating gas between 15 October and 15 April has not been interrupted by the customer for more than one week.
(2) In accordance with the schedule of works, the customer is obliged to adjust the heating gas collection and to comply with the supplier's calls for interruption and start the process.
(1) Prior to a change in the type or pressure of gas, the customer or his representative, 5) shall cooperate with the supplier in carrying out the survey, in particular to provide all necessary information on the type and number of appliances and to allow access to the gas demand facility to authorised personnel of the supplier or the designated organisation in order to determine the status of the appliances and to agree on their modification, replacement or other means of securing the replacement appliance. 6)
(2) Costs incurred as a result of a unsuccessful visit by an authorised supplier's worker or by an authorised organisation, in connection with a change in the type or pressure of the gas, which the customer has demonstrated to have been notified of at least 8 days in advance and has not agreed to another period of the visit, must be reimbursed by the supplier. The supplier may interrupt the supply of heating gases to customers after a repeated non-results visit.
Withdrawal
(1) If the customer intends to terminate the purchase of heating gases from the network, he shall be obliged to submit a check-out to the supplier at least 8 days in advance and allow his staff to make a final deduction or, if necessary, to remove the gas meter.
(2) If the customer does not collect fuel gas for 12 months without serious reasons, the supplier may terminate the purchase and remove the gas meter.
(3) If, after a properly completed purchase, the owner (manager) of the property takes the heating gas for the purpose of the renovation of the house or apartment, he is obliged to report such consumption and pay for it.
Settlement and payment of supplies
(1) The recovered heating gas from the network is paid by the customer to the organisation of the connections performing a concentrated collection of recurrent payments to the population. 7) Payments shall be made both in the form of monthly advances and on the basis of a bill by deduction of gas consumption.
(2) In the case of new purchases, the amount of the monthly advance shall be determined by the supplier according to the number and power of the appliances applied for, the estimated collection and the price.
(3) In the course of the collection, the coupling organisation shall adjust the amount of the monthly advance in accordance with the actual consumption of heating gas in previous periods or on the basis of the supplier's notification of the connection of other gas appliances by the customer.
(4) The monthly advance payment shall be made by the customer within the time limits set for the payment of the population in the context of a centralised collection.
(5) The monthly advances received shall be settled in the accounts.
(1) The supply of heating gases from the network is charged by the supplier for a period of no more than 12 months or at the end of the contract.
(2) The accounts must contain in particular the following particulars:
(a) the name and address of the supplier and the customer;
(b) the date and state of the gas meter at the previous and final deduction (the date of the previous and final deduction may not be indicated in the account issued on the computer, provided that the exact period of deduction and the gas meter stocks are entered in the account of customers);
(c) the price per m3 of heating gas and, where appropriate, a permanent monthly salary;
(d) the quantity of heating gas collected;
(e) total heating gas salary;
(f) monthly advances paid;
(g) the total calculation of the arrears or overpayments;
(h) data agreed between the supplier and the organisation of the links;
(i) an indication that the bill is payable in cash upon submission;
(j) the date of issue of the bill.
(3) The accounts shall be submitted by the joint organisation carrying out the centralised collection to the customer no later than the end of the following month after the month in which they were issued.
(4) The gas bill shall be payable in cash upon submission.
If the customer is absent at the time of reading of the gas meter and the gas meter is inaccessible, he is obliged to report the exact state of the gas meter counter on the supplier's special form within 3 days. If they do not do so within the specified time limit, the supplier shall account for the consumption of the heating gas by estimated consumption from the previous comparable period. On the following deduction, which the supplier informs the customer in advance, the customer is obliged to allow the supplier's worker access to the gas meter, otherwise the supplier may interrupt the supply of the heating gas.
(1) If the customer does not pay a balance due on the bill of account of the heating gas collected within the payment period (§ 17 (4)), the customer is obliged to pay the service organisation a late fee of 0,05% of the amount due for each day of delay, but not less than 10 CZK.
(2) If the customer does not pay a monthly advance within the payment period (§ 16 (4)), he is obliged to pay a fee of 5 CZK for the service organisation.
(3) Monthly advances and arrears from the bill of account of the heating gas collected must be paid by the customer indicated in the application.
(1) If the customer does not pay an advance or underpayment on the bill of account of the heating gas collected or after a written reminder of the organisation of the connections, the supplier may, at the request of the organisation of the connections, interrupt the supply of the heating gas.
(2) If, within 15 days of the interruption of the supply of the heating gas, the customer fails to pay the underpayment or the bill of payment of the recovered heating gas, the supplier may, upon request of the organisation of the connections, terminate the supply and remove the gas meter.
(3) If the buyer submits to the supplier's authorised worker who is to perform the interruption or termination of the supply, a confirmation by the association that he has paid back-up payments or the bill of payment of the heating gas collected, the supplier's worker shall verify the date and method of payment and shall refrain from interruption or termination of the supply.
(4) The supplier may interrupt or terminate the supply of the heating gas referred to in paragraph 1 also at another sampling point of the same customer.
(5) In the event of interruption or termination of the delivery due to non-payment, the buyer shall pay the supplier the costs associated with it.
Advertising procedure
If errors or errors occur in the billing of heating gas from the network by incorrect deduction, incorrect price, numerical error, etc., both the customer and the supplier are entitled to compensation for wrongly charged amounts. The collector shall apply the complaint in writing to the service organisation within 15 days of receipt of the bill. The service organisation shall submit a complaint to the supplier who shall examine it and notify the customer of the outcome of the investigation no later than 30 days after the date of transmission. If an error or error occurs in the advance paid or prescribed, it shall deal with the complaint directly with the customer. If the complaint has been accepted, the customer is not obliged to pay the late payment fee pursuant to § 19.
Supply of liquefied heating gases
Application for sampling
(1) The contract for the supply of liquefied heating gases is concluded by the supplier by confirming the application for the collection of liquefied heating gases (the "application"). a copy of the validated application is received by the customer.
(2) Applications need not be made for the collection of liquefied heating gases in pressure vessels ("bottle ') weighing less than 5 kg.
(3) The supplier is obliged to provide the customer with information on the collection of liquefied heating gas, the possibilities for its use in households, as well as the possibilities for the installation and modification of the home or apartment installation. The setting up and operation of pressure stations in residential homes shall be governed by technical standards. 8)
(1) The application on the supplier's form shall be submitted before the start of the collection.
(2) The application shall be duly completed and signed by the customer by his own hand.
(3) The application must be accompanied by a certificate from the authorized organisation1) on the installation (assembly) of the gas sampling devices and supported by a certificate of their technical inspection; (2) this does not concern cases where the bottle is constructively connected to the appliance and does not require separate installation.
(4) The supplier is not obliged to examine or verify the authenticity of the signature on the application. It shall be entitled at any time to check the accuracy of the data in the application. Infully or incorrectly filled out application will be returned by the supplier to the customer to complete the notice of failure.
Delivery and collection
(1) Bottles weighing 5 kg and larger suppliers lend to customers.
(2) Before the start of the collection of liquefied heating gas in bottles weighing 5 kg or more, the customer is obliged to lodge a cash security with the supplier for each bottle lent at a specified level. The supplier is entitled to modify the customer's requirement for the number and type of bottles, taking into account the extent of the collection.
(3) When a security is lodged, the customer shall receive from the supplier an advance note and instructions for the operation of pressure stations.
(4) The collector shall be responsible to the supplier for the rented bottles from the date of their receipt from the dispensary until the date of their return. The loss, destruction or damage of the bottle shall be notified immediately to the supplier.
(1) Liquid fuel gas is collected by the customer in the dispensers or through delivery services. The collector shall not be entitled to supply a new and unused bottle.
(2) A certified application and a back-up note entitle customers to the first withdrawal of bottles. Other bottles can only be taken by the customer when the same number of empty bottles are returned.
(3) The collector is entitled to require the bottle to be transported at the time of collection; for the determination of the empty bottle weight, the indication embossed on it or indicated on the label.
(4) The complaint rights of the customer are laid down in the complaint rules, which must be available for inspection in each issue and in the means of transport carrying out the delivery service.
(1) Only suppliers are allowed to fill bottles. 9) The supplier also performs all bottle repairs and ensures that they are checked.
(2) The collector must neither modify the bottles nor transfer their contents to other containers.
(3) The collector shall be responsible for taking bottles for an approved gas sampling device and not using them for other purposes.
Amendment or termination of collection
(1) When transferring customers in the same supplier's district, the customer is obliged to submit his copy of the validated application and the advance note to indicate the change. The security lodged shall be transferred.
(2) If the new customer takes over the liquefied fuel gas facility from another customer, he shall submit a new application to the supplier, as well as an application to the existing customer with an end-of-purchase record. Paragraph 23 and 24 shall apply to the particulars of the application and to the lodging of the security. If the pressure station equipment is not moved, the provisions of Paragraph 23 (3) shall not apply.
(3) If the customer changes the surname (e.g. by marriage or by official change) or the name, he shall notify the supplier within 30 days, simultaneously submitting his copy of the validated application and the advance note for repair.
(4) At the end of the purchase, the customer is obliged to submit within 8 days to the supplier his copy of the application for the withdrawal record, the back-up note and return the rented bottles. The supplier shall return the security lodged to the customer within one month.
Payment of supplies
(1) The supply of liquefied heating gas is paid in cash when the bottle is taken.
(2) When a bottle is lost or destroyed, the supplier shall charge the customer its price and at the same time shall settle the security lodged.
(3) In the event of a loss of a back-up note, the supplier shall pay the customer the security for the bottles taken only after the submission of a duplicate, supported by the confirmation of the relevant dispenser of the number of bottles returned. The fee for issuing a duplicate is 10 CZK.
Transitional and final provisions
If the application submitted before the validity of this order complies with its provisions, the customer is not obliged to submit a new application.
They shall be deleted:
(a) guidelines of the Ministry of Fuel on the distribution and use of liquefied heating gas (mixture of propane, butane and ethane) in households, published at 35 / 1959 Úl and supplemented by an official communication published at 13 / 1960 Úl.
(b) Decree No. 108 / 1965 Coll., on the supply of heating gases to the population.
This Decree shall take effect on 1 January 1980.
Minister:
Ing. Ehrenberger CSc.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Federal Ministry of Fuel and Energy No. 140 / 1979 Coll., on the supply of heating gases to the population |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.1979 |
|---|---|
| Effective from | 01.01.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0