Decree No. 177 / 1997 Coll.
Government Regulation laying down technical requirements for gas appliances
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Regulation
Effective from 01.09.1997
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177
GOVERNMENT REGULATION
of 25 June 1997
laying down technical requirements for gas-fired appliances
The Government orders pursuant to Section 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts (hereinafter referred to as "the Act") to implement Sections 12 (1) and (4) and 13 (2) and (4) of the Act:
(1) This Regulation lays down technical requirements for gas appliances, in accordance with European Community law (1) and the international contract (2).
(2) For the purposes of this Regulation, gaseous fuel appliances shall be:
(a) appliances which burn gaseous fuels and are intended for the preparation of dishes, heating, heating, heating, cooling or washing, and where water is used at a temperature not exceeding 105 oC, or intended for lighting, forced air burners and heat sources equipped with such burners ("appliances");
(b) security, control or control equipment and structural groups, except forced-air burners and heat sources equipped with such burners, which are separately placed on the market and intended to be incorporated into appliances as part of them or for connection to appliances, hereinafter referred to as "equipment."
(3) For the purposes of this Regulation, appliances specially designed for use in technological processes in industrial buildings shall not be considered as gaseous fuel appliances.
(4) For the purposes of this Regulation, gaseous fuel means any fuel that is in gaseous state at a temperature of 15 ° C and a pressure of 1 bar (0,1 MPa).
(5) For the purposes of this Regulation, appliances for gaseous fuels shall be considered to be commonly used if:
(a) installed and regularly maintained according to the manufacturer's instructions;
(b) operated at the normal quality deviations of the gas fuel and the normal variation of the gas fuel connection excess pressure;
(c) used in accordance with the intended purpose or in a manner reasonably foreseeable.
(1) The specified products under Section 12 (1) of the Act are appliances and equipment.
(2) The technical requirements for appliances and fittings are set out in Annex 1 (hereinafter referred to as "essential requirements").
(3) Where the essential requirements for appliances and fittings are specified by harmonised Czech technical standards, defined standards (§ 4a (1) of the Act) or by foreign technical standards transposing a harmonised European standard in the Member States of the European Community and the characteristics of appliances or equipment are in conformity with those technical standards, the essential requirements shall be deemed to be met.
(1) In the case of mass-produced or imported appliances, their manufacturer or importer shall ensure that the conformity assessment of the sample of an appliance authorised by a person in accordance with the EC-type examination procedure referred to in Annex 2 (1) is carried out and shall select one of the following before being placed on the market:
(a) EC declaration of conformity to type according to Annex 2 (2),
(b) EC declaration of conformity to the type (assessment of the production quality system) referred to in Annex 2 (3);
(c) EC declaration of conformity to the type (product quality assurance) referred to in Annex 2 (4);
(d) EC verification in accordance with Annex No 2, point 5.
(2) In the case of unit or small-size production or import of appliances, their manufacturer or importer may choose, instead of the above procedures, to certify the conformity of each product authorised by a person in accordance with the EC unit verification procedure referred to in Annex 2, point 6.
(3) Upon completion of the procedures referred to in paragraphs 1 and 2, the CE marking referred to in Annex 3 to this Regulation shall be affixed to compliant appliances and a written declaration of conformity shall be issued in accordance with § 4a.
(4) The procedures referred to in paragraph 1 shall also apply in the case of equipment referred to in Article 1 (2) (b), except for the location of the CE marking. A certificate shall be issued declaring conformity of equipment with the provisions of this Regulation which apply to it and indicating its characteristics and the way in which it must be incorporated into an appliance in order to meet the essential requirements applicable to complete appliances. The certificate shall be attached to the equipment.
(5) Where appliances are also subject to other government regulations which relate to other aspects and also provide for the location of the CE marking, the CE marking shall also indicate compliance with the provisions of those other government regulations.
(6) If one or more government regulations allow the manufacturer to choose which measures to apply during the transitional period, the CE marking shall indicate compliance with the provisions of only those regulations of the government which has used the manufacturer. In such a case, the documents, notifications and instructions required by government regulations and accompanying appliances shall contain references to the government regulations applied.
(7) Records and correspondence relating to conformity assessment procedures shall be drawn up in the Czech language or in a language acceptable to an authorized person.
(8) The manufacturer shall provide evidence of the conformity assessment method used (Section 13 (8) of the Act) including technical documentation and certificates issued in conformity assessment by an authorised person. In cases resulting from Paragraph 13 (8) of the Act, the importer shall submit to the supervisory authority documentation in the language of one of the Member States of the European Union or in a language agreed with the supervisory authority.
(9) The content of the technical documentation submitted by the manufacturer or importer to the authorised person is set out in Annex 4 to this Regulation.
(1) For appliances which comply with the requirements of this Regulation, the CE marking referred to in Annex 3 to this Regulation shall be affixed instead of the issue of a certificate of conformity, which is subject to the drawing up of a written declaration of conformity in accordance with points 2.1, 3.1, 4.1, 5.2 and 6.1 of Annex 2 to this Regulation.
(2) The CE marking shall be affixed clearly and visibly to each appliance or, if this is not possible, to a label inextricably affixed to the appliance.
(1) Appliances and equipment which will be placed on the market after the entry into force of this Regulation by 30 June 1998 may only meet the technical requirements applicable under the legislation in force before the entry into force of this Regulation.
(2) For appliances and equipment which will be placed on the market after the entry into force of this Regulation until 30 June 1998, the manufacturer or importer may ensure conformity assessment only in accordance with Annex 2 (1) or (2).
(3) For appliances and equipment to be placed on the market during the period from the entry into force of this Regulation until 31 December 1997, their manufacturer or importer may obtain the technical documentation referred to in Annex 3 (1) (d) retrospectively and by 31 December 1997 at the latest.
This Regulation shall enter into force on 1 September 1997.
Prime Minister:
Prof. Ing. Klaus CSc.
Minister for Industry and Trade:
JUDr. Kühnl v. r.
Příloha č. 1
Annex No. 1 to Decree No. 177 / 1997 Coll.
ESSENTIAL REQUIREMENTS
Preliminary remark
The essential requirements for appliances referred to in this Annex shall also apply to equipment where there are hazards in the case of equipment.
1 General conditions
1.1 Appliances shall be so designed that, in normal use as defined in Paragraph 1 (3), persons, domestic and farm animals or property are safe and safe.
1.2 When placing the appliance on the market:
(a) attach instructions to the worker performing the installation of the appliance,
(b) attach instructions for the use and maintenance of the appliance for users;
(c) place appropriate warning instructions on the appliance as well as on the packaging.
Instructions and warning instructions must be in the Czech language.
1.2.1. The instructions for the worker performing the installation of the appliance shall contain all the data necessary for the installation, adjustment and maintenance of such work and for the safe use of the appliance.
The instructions shall indicate in particular:
(a) the type of gas fuel used (fuel);
(b) overpressure of the fuel supplied;
(c) requirements for fresh air supply:
(ca) for combustion air supply,
(cb) to exclude the formation of mixtures with hazardous unburned fuel concentrations for appliances which are not equipped with the equipment referred to in paragraph 3.2.3;
(d) conditions for the removal of flue gases;
(e) for gas burners with fan and heat sources equipped with:
(ea) their characteristic characteristics,
(eb) installation requirements which contribute to compliance with essential requirements for appliances;
(ec) where appropriate, a list of the combinations recommended by the manufacturer.
1.2.2. The user's instructions for use and maintenance shall contain all data necessary for safe use, in particular any restrictions on the use of the appliance.
1.2.3. The warning on appliances and their packaging shall contain clear data on the type and the fuel pressure coupling pressure and any restrictions on use, in particular that the appliance must be installed only in spaces with sufficient ventilation.
1.3 Equipment intended for appliances shall be so designed as to meet the exact purpose of its use when fitted according to the manufacturer's technical instructions.
Instructions for installation, adjustment, operation and maintenance of equipment shall be supplied together with the equipment.
2 Materials
2.1 Materials shall be suitable for the intended use and shall be resistant to mechanical, chemical and thermal stress to which they will be exposed under foreseeable conditions.
2.2 The characteristics of materials which are important for safety shall be guaranteed by the manufacturer or his supplier.
3 Construction and production design
3.1 General
3.1.1. Appliances shall be so designed as to avoid deterioration of stability, deformation, damage or wear of the appliance which may adversely affect its safety when used in the instructions.
3.1.2 The occurrence of condensates when putting into service or during operation shall not affect the safe operation of appliances.
3.1.3. Appliances shall be so designed that the risk of explosion in contact with fire of external origin is reduced to the minimum.
3.1.4. Appliances shall be so designed as to prevent leakage of water and unwanted air into the fuel parts.
3.1.5. In the case of normal variations in auxiliary energy, appliances shall continue to function safely.
3.1.6 Exceptional fluctuation or failure of auxiliary energy or its renewed supply shall not lead to a dangerous situation.
3.1.7 The appliances shall be so designed as to prevent electric shock.
Compliance with this requirement is considered to comply with the requirements laid down in Government Decree No..... / 1997 Coll., laying down technical requirements for low voltage electrical equipment.
3.1.8. All parts of an appliance stressed with overpressure shall withstand mechanical and thermal stress without causing disturbances affecting safety.
3.1.9 The appliances shall be so designed that the failure of the signalling, control or control device does not cause a dangerous situation.
3.1.10 If the appliance is equipped with safety and control devices, the function of the safety devices shall not be adversely affected by the operation of the control devices.
3.1.11 All parts of appliances that are adjusted or set during production and which must not be handled by the user or installer shall be adequately secured against handling.
3.1.12 Manual controls and other control and control devices shall be clearly marked and provided with all the data necessary to avoid operator errors. It shall be designed in such a way that random tampering cannot occur.
3.2. Unburned fuel escape
3.2.1. Appliances shall be so designed that any leakage of fuel does not cause danger.
3.2.2. Appliances shall be so designed as to reduce fuel leakage during ignition, repeated ignition and after extinguishing of the flame and to avoid dangerous accumulation of unburned fuel in the appliance.
3.2.3. Appliances intended for indoor and indoor use shall be equipped with special devices to prevent the dangerous accumulation of unburned fuel in such spaces or rooms.
Appliances not equipped with such devices may only be intended for use in sufficiently ventilated spaces to prevent dangerous accumulation of unburned fuel.
The conditions for adequate ventilation of the space intended for the installation of such appliances, taking into account the characteristics of the appliances, are laid down in a separate legislative act. 4)
Consumers for mass caterers and fuel burning appliances containing toxic substances shall always be equipped with those special devices.
3.3 Incineration
Appliances shall be so designed as to:
(a) the ignition and repeated ignition were continuous;
(b) reliable flame spread is ensured.
3.4 Burning
3.4.1. Appliances shall be so designed as to ensure the stability of the flame during normal use and that the flue gas does not contain unacceptable concentrations of harmful substances.
3.4.2. Appliances shall be so designed as to avoid any unexpected leakage of combustion during normal use.
3.4.3. Consumers with exhaust gases outside the room shall be so designed that, under extraordinary tensile conditions, the flue gas is not released in dangerous quantities into the room and, in the event of the result of the flue gases taken on the outside wall (façade) into residential and residential rooms close to the fuses or adjacent façade.
3.4.4. Local household heating appliances and flow-through water heaters which do not have a exhaust system outside the room shall not develop concentrations of carbon monoxide in the space in question, which, given the expected duration of their stay in these areas, would be dangerous to the persons present.
3.5 Rational use of energy
Appliances shall be so designed as to ensure the rational use of energy corresponding to the state of the art, subject to all safety conditions.
3.6 Temperatures
3.6.1 Parts of appliances which are expected to be located close to the floor or other surfaces shall not reach temperatures which would pose a danger to the environment.
3.6.2 The surface temperature of controls and handles intended for use by appliances shall not exceed the dangerous value for users.
3.6.3 The surface temperatures of the external parts of household appliances, with the exception of the surfaces or parts used for the transmission of heat, shall not, when operating, reach values dangerous to the user and, in particular, to children for whom adequate response time must be taken into account.
3.7 Food, drinking and commercial water
Materials and components used in the manufacture of appliances which come into contact with food, drinking or commercial water shall not adversely affect their quality.
Příloha č. 2
Annex No 2 to Decree No. 177 / 1997 Coll.
CONFORMITY ASSESSMENT PROCEDURES
1. EC type-examination (§ 3 (1))
1.1 EC type-examination is that part of the conformity assessment procedure in which an authorised person tests and certifies that a sample of an appliance representing the intended production or import complies with the requirements of this Regulation which apply to it.
1.2. Manufacturer or authorised representative or importer may apply to a single authorised person:
1.2.1. The application shall include:
(a) the name and surname of the applicant, if he is a natural person, the business name of the applicant, if he is a legal person, and the address of the applicant;
(b) a written declaration that the EC-type examination contract has not been negotiated with another authorised person;
(c) the technical documentation referred to in Annex 4.
1.2.2. A sample of an appliance representing the intended production or import ("type"). The authorised person may require additional samples of this type if necessary for the type examination. The type may include several variants of the appliance provided that these variants do not have different characteristics in terms of possible risks.
1.3 Authorised person
1.3.1. It shall examine the technical documentation and determine whether the type has been manufactured under it and identify the elements which have been designed according to the technical regulations, the requirements of the technical standards referred to in Article 2 (3) and the essential requirements.
1.3.2. Where the technical standards referred to in Article 2 (3) have not been applied, or where such standards do not exist or do not specify all the essential requirements applicable to the appliance, they shall carry out the necessary tests or findings to assess whether the solutions adopted by the manufacturer comply with the essential requirements.
1.3.3. It shall carry out the necessary tests or findings to assess whether the manufacturer has correctly applied the technical standards referred to in Article 2 (3) to ensure compliance with the essential requirements.
1.4 Where the type complies with the provisions and requirements of this Regulation, the authorised person shall issue an EC-type examination certificate to the manufacturer or importer of appliances. The EC type-examination certificate shall contain the results of the tests and, where appropriate, the conditions for its validity, as well as the necessary data for the identification of the certified type and, where appropriate, a description of its function. The EC type-examination certificate shall be accompanied by appropriate technical documentation such as drawings and diagrams.
1.6. The Authorised Person shall provide other competent authorised persons and the Office with information on type certificates issued under point 1.4 and their additions under point 1.7. They shall also be made available, upon request, to them by means of annexes to the certificates and reports on the checks and tests carried out. An authorised person who has refused to issue or withdraw a type certificate in accordance with point 1.4 shall inform the other authorised persons concerned and the Office, giving the reasons for his decision.
1.7. The manufacturer or, where appropriate, the authorised representative or importer shall inform the authorised person who issued the type certificate referred to in point 1.4 of any changes to the certified type which might affect compliance with the essential requirements.
Modifications of the certified type shall be approved retrospectively by an authorised person who has issued the type certificate referred to in point 1.4 if such changes affect compliance with the essential requirements or the prescribed conditions for use of the appliance. This additional approval shall be issued as an addition to the original type certificate referred to in point 1.4.
2. EC declaration of conformity to type [§ 3 (1) (a)]
2.1 EC declaration of conformity to type is the part of the procedure whereby the manufacturer or importer declares that the appliances comply with the type described in the type certificate referred to in point 1.4 and meet the essential requirements applicable to them. The manufacturer or, where applicable, the authorised representative shall place the CE marking on each appliance and issue a written declaration of conformity in accordance with the first sentence, which shall apply to one or more appliances and shall be kept with the manufacturer and, where appropriate, with the authorised representative. The identification number of the authorised person responsible for carrying out the random checks provided for in point 2.3 shall be indicated after the CE marking.
2.2 The manufacturer or importer shall ensure that all necessary measures are taken to ensure that the production process, including the output control and testing of the finished product, ensures the uniformity of production and compliance of appliances with the typern described in the type certificate referred to in point 1.4 and with the essential requirements applicable to it.
The authorised person chosen by the manufacturer or importer shall carry out random checks on appliances in accordance with point 2.3.
2.3 On-the-spot checks on appliances shall be carried out by an authorised person at irregular intervals of at least 1 × per year. An adequate number of appliances shall be tested and appropriate tests shall be carried out according to the technical standards referred to in Article 2 (3) or equivalent tests to establish compliance with the applicable essential requirements. In any case, the authorised person shall determine whether these tests must be carried out in whole or in part. In the event that one or more appliances do not meet the essential requirements, the authorised person shall issue a report on this to the manufacturer or importer to prevent defective appliances from being placed on the market. 2)
3. EC declaration of conformity to the type (assessment of the production quality system) [§ 3 (1) (b)].
3.1 EC declaration of conformity to type (assessment of the production quality system) is a procedure whereby a manufacturer or importer who complies with the provisions of point 3.2 declares that appliances conform to the type described in the type certificate referred to in point 1.4 and that they comply with the essential requirements applicable to them.
The manufacturer or, where applicable, the authorised representative shall affix to each appliance the CE marking and issue a written declaration of conformity in accordance with the first sentence, which shall apply to one or more appliances and shall be kept with the manufacturer and, where appropriate, with the authorised representative. The identification number of the authorised person responsible for carrying out EC supervision shall be indicated for the CE marking.
3.2 The manufacturer shall have a production quality system in place which guarantees the conformity of appliances with the type according to the type certificate referred to in point 1.4 and with the essential requirements applicable to them. The manufacturer shall be subject to supervision in accordance with point 3.4.
3.3 Quality system
3.3.1. The manufacturer or importer shall provide the authorised person:
(a) the quality system documentation;
(b) an undertaking to fulfil all obligations under the approved quality system;
(c) the promise of maintaining the approved quality system in order to ensure its continued suitability and effectiveness;
(d) documentation relating to the certified type referred to in point 1.4 and a copy of the type certificate referred to in point 1.4.
3.3.2. All measures taken by the manufacturer shall be documented in a systematic and logical manner in the form of measures, procedures and written instructions. This quality system documentation shall allow a uniform interpretation of the programmes, plans, manuals and quality records. In particular, the documentation shall contain an adequate description of:
(a) the quality objectives, the organisational structure and the responsibilities of the statutory bodies and their competence with regard to the quality of appliances or equipment;
(b) production processes, quality control and assurance methods used and systematic measures;
(c) tests and tests to be carried out at the pre-production, production and final stages, including their frequency;
(d) means of checking the required quality of appliances and using the quality system efficiently.
3.3.3 The authorised person shall verify and evaluate the quality system in order to verify that the system complies with the requirements set out in point 3.3.2. The presumption of conformity with these requirements is fulfilled for quality systems which comply with the relevant technical standards referred to in Section 2 (3).
The authorised person shall transmit a report containing the results of the examination, the identification details of the authorised person and the reasoned assessment decision relating to the appliances concerned to the authorised person who requested the approval of the quality system.
3.3.4. The manufacturer shall inform the authorised person who approved the quality system of any changes in the quality system, e.g. due to new technologies and quality concepts.
The authorised person shall verify any changes and decide whether the changed quality system complies with the relevant provisions or whether a reassessment is necessary. They shall notify the manufacturer of their decision. This notification shall contain the results of the verification and its reasoned conclusions.
3.3.6 The authorised person who has withdrawn the approval of the quality system shall inform the other authorised persons concerned and the Authority accordingly, stating the reasons for his decision.
3.4 EC supervision
3.4.1 The aim of EC supervision is to ensure that the manufacturer complies adequately with the obligations under the approved quality system.
3.4.2. The manufacturer shall allow the authorised person for supervision purposes to access the premises of production, inspection, testing and storage of gas-fired appliances and shall make available all necessary information, in particular:
(a) documentation of the quality system;
(b) quality documentation such as verification reports, test reports, calibration data, qualification data, etc.
3.4.3 The authorised person shall carry out supervision at least once every two years to ensure that the manufacturer complies with and uses the approved quality system and shall report the results of the supervision to the manufacturer.
3.4.4 The authorised person may carry out unannounced monitoring and checks on appliances with the manufacturer. Tests of appliances shall be carried out by itself or may be carried out. It shall transmit to the manufacturer a report on the results of the surveillance and, where appropriate, a test report.
3.4.5 The manufacturer may submit an authorised person's report upon request.
4. EC declaration of conformity with the type (product quality assurance) [§ 3 (1) (c)]
4.1 EC declaration of conformity to the type (product quality assurance) is the part of the procedure whereby the manufacturer or importer who complies with the provisions of paragraph 4.2 declares that the appliances conform to the type described in the type certificate referred to in paragraph 1.4 and that they comply with the essential requirements applicable to them. The manufacturer or, where appropriate, the authorised representative shall issue a written declaration of conformity in accordance with the first sentence, which shall apply to one or more appliances and shall be kept with the manufacturer or the authorised representative. The identification number of the authorised person responsible for carrying out EC supervision shall be indicated for the CE marking.
4.2. The manufacturer shall use the approved quality system referred to in point 4.3 for the exit checks and tests and shall be subject to supervision in accordance with point 4.4.
4.3. Quality system
4.3.1. The manufacturer or importer shall provide the authorised person:
(a) the quality system documentation;
(b) an undertaking to fulfil all obligations under the approved quality system;
(c) the promise of maintaining the approved quality system in order to ensure its continued suitability and effectiveness;
(d) documentation relating to the certified type referred to in point 1.4 and a copy of the type certificate referred to in point 1.4.
4.3.2. Within the quality system, each appliance shall be tested according to the technical standards referred to in Article 2 (3) or equivalent tests shall be carried out to establish compliance with the essential requirements.
All measures taken by the manufacturer shall be documented in a systematic and logical manner in the form of measures, procedures and written instructions. This quality system documentation shall allow a uniform interpretation of the programmes, plans, manuals and quality records. In particular, the documentation shall contain an adequate description of:
(a) the quality objectives, the organisational structure and the responsibilities of the statutory bodies and their powers with regard to the quality of appliances;
(b) the checks and tests to be carried out on the finished product;
(c) means of monitoring the efficient use of the quality system.
4.3.3 The authorised person shall verify and evaluate the quality system in order to verify that the system complies with the requirements referred to in point 4.3.2. The presumption of conformity with these requirements is fulfilled for quality systems which comply with the relevant technical standards referred to in Section 2 (3).
The authorised person shall transmit a report containing the results of the examination, the identification details of the authorised person and the reasoned assessment decision relating to the appliances concerned to the authorised person who requested the approval of the quality system.
4.3.4. The manufacturer shall inform the authorised person who approved the quality system of any changes in the quality system, e.g. due to new technologies and quality concepts.
The authorised person shall verify any changes and decide whether the changed quality system complies with the relevant provisions or whether a reassessment is necessary. They shall notify the manufacturer of their decision. This notification shall contain the results of the verification and its reasoned conclusions.
4.3.6 The authorised person who has withdrawn the approval of the quality system shall inform the other authorised persons concerned and the Authority accordingly, stating the reasons for his decision.
4.4 EC supervision
4.4.1 The aim of EC supervision is to ensure that the manufacturer complies adequately with the obligations under the approved quality system.
4.4.2. The manufacturer shall allow the authorised person for supervisory purposes access to the premises of production, inspection, testing and storage of gas-fired appliances and shall make available all necessary supporting documents, in particular:
(a) documentation of the quality system;
(b) quality documentation such as verification reports, test reports, calibration data, qualification data, etc.
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Regulation Information
| Citation | Government Decree No. 177 / 1997 Coll., laying down technical requirements for gas appliances |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.08.1997 |
|---|---|
| Effective from | 01.09.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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