Government Decree No. 22 / 2003 Coll.
Government Regulation laying down technical requirements for gas-fired appliances
Valid
Effective from 01.05.2004
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22
GOVERNMENT REGULATION
of 9 December 2002
laying down technical requirements for gas-fired appliances
The Government orders pursuant to Article 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll. and Act No. 205 / 2002 Coll., ("the Act ') to implement Sections 11 (2), 11a (2) (c), 12 (1) and (3) and 13 (2) of the Act:
Basic provisions
(1) This Regulation lays down, in accordance with the law of the European Communities (1), technical requirements for gas appliances.
(2) For the purposes of this Regulation, gaseous fuel appliances shall be considered as:
(a) appliances which burn gaseous fuels and are intended for the preparation of dishes, heating, heating, heating of commercial water, cooling or washing, and where water is used in them, with a water temperature not exceeding 105 ° C, or intended for lighting, with forced air burners and heat sources equipped with such burners (hereinafter referred to as "appliance");
(b) safety, control or control equipment and structural groups, with the exception of a forced-air burner and a heat source equipped with such burners, which are separately placed on the market and intended for incorporation in 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 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 shall be considered to be normally used if:
(a) correctly installed and regularly maintained according to the instructions for use;
(b) operated under normal quality deviations of the gas fuel and under normal variation of the connection pressure;
(c) used in accordance with the intended purpose or in a manner reasonably foreseeable.
(6) The specified products under this Regulation are appliances and equipment within the meaning of Article 12 (1) (a) of the Act.
Conditions for placing on the market and putting into service of appliances and equipment
(1) The appliance may be placed on the market and put into service only if, in normal use, it does not endanger the safety of persons, domestic and livestock animals or property.
(2) The appliance and equipment must comply with the technical requirements laid down in Annex 1 to this Regulation which apply to them (hereinafter referred to as "essential requirements").
(3) The essential requirements shall be deemed to be met if the appliance or equipment is in conformity with:
(a) harmonised Czech technical standards or, where applicable, foreign technical standards transposing harmonised European standards in the Member States of the European Union (Section 4a of the Act); or
(b) with designated standards (Section 4a of the Act), including Czech or foreign technical standards which have been notified for this purpose by the Commission of the European Communities, where the technical standards referred to in (a) do not exist.
Conformity assessment procedures
(1) In the case of mass-produced appliances, the conformity assessment shall be carried out in accordance with the EC-type examination procedure referred to in point 1 of Annex 2 to this Regulation and, on the one hand, the manufacturer shall choose one of the following before placing on the market:
(a) EC declaration of conformity to the type referred to in point 2 of Annex 2 to this Regulation;
(b) EC declaration of conformity to the type (quality assurance) referred to in point 3 of Annex 2 to this Regulation;
(c) EC declaration of conformity to the type (product quality guarantee) referred to in point 4 of Annex 2 to this Regulation; or
(d) EC verification in accordance with point 5 of Annex No 2 to this Regulation.
(2) In the case of unit or small-size production of appliances, their manufacturer may choose the EC verification procedure for individual products in accordance with point 6 of Annex 2 to this Regulation.
(3) After the procedures referred to in paragraph 1 or 2 have been carried out, appliances complying with the requirements laid down in this Regulation shall bear the CE marking provided for in Section 4.
(4) For equipment, paragraph 1 shall apply mutatis mutandis, except for product measures, the CE marking and the issuing of a declaration of conformity, with the issue of a certificate declaring conformity of equipment to the requirements of this Regulation which apply to it and indicating its characteristics and the manner in which it must be incorporated or fitted to an appliance in order to meet the essential requirements applicable to appliances. The certificate shall be attached to the equipment.
(5) Records and correspondence relating to conformity assessment procedures shall be drawn up in the language of the Member State in which the notified person is established, 2) or in the language accepted by that person.
CE marking and other marking
(1) The appliance or label bearing the nominal particulars of the appliance must bear the CE marking, the graphic form of which is laid down in a specific legislation, 3) in a visible, easily legible and indelible manner. The label shall be so designed that it cannot be reused.
(2) The identification number of the notified person participating in conformity assessment at the production stage shall be indicated after the CE marking. In addition, the appliance or label shall include the following particulars:
(a) the manufacturer's designation (name and surname, if natural person, name or business name, if legal person), or its identification symbol;
(b) the trade name of the appliance;
(c) the type of electrical connection when used;
(d) category of appliance,
(e) the last two digits of the year of the measure by the CE marking.
(3) The appliance must not bear a mark which could mislead anyone with regard to the CE marking. An alternative marking may be affixed to appliances or to a label provided that this does not restrict the visibility and legibility of the CE marking. Depending on the nature of the appliance, it may also be accompanied by the information needed for installation purposes.
(4) The CE marking on an appliance shall indicate that the product complies with the technical requirements laid down in all the legislation applicable to it and which provides for or allows such marking and that the procedure laid down in the conformity assessment procedure has been followed. However, if one or more laws allow the manufacturer, for a transitional period, to choose which provisions he will follow, the CE marking shall indicate compliance only with those laws or their provisions used by the manufacturer. In this case, the documentation, warnings or instructions required by the legislation concerned and annexed to the products concerned shall indicate the relevant legislation of the European Communities or their provisions applied by the manufacturer.
Notification of the imposition of a safeguard measure
In the event that a protective measure has been imposed on an appliance under a special legislation, (4) the notification of the decision imposing a protective measure under Article 7 (8) of the Act shall state whether the non-conformity was caused by:
(a) failure to meet the essential requirements if the appliance does not comply with the technical standards referred to in Article 2 (3); or
(b) incorrect application of the technical standards referred to in Article 2 (3); or
(c) shortcomings in the technical standards referred to in Article 2 (3).
Authorisation conditions
(1) In the authorisation of legal persons pursuant to Article 11 (2) of the Act, the conditions for authorisation set out in Annex 4 to this Regulation shall apply. Legal persons meeting the criteria laid down in the relevant technical harmonised standards shall be deemed to comply with the relevant conditions.
(2) The authorised person becomes a notified person in accordance with the procedure laid down in Article 11 (7) of the Act.
Transitional and final provisions
(1) Valid certificates or other documents issued on the basis of Government Decree No. 177 / 1997 Coll., as amended by Government Decree No. 287 / 2000 Coll., may be used for the purposes of conformity assessment under this Regulation unless they are repealed under the conditions laid down by law.
(2) Persons in charge of conformity assessment activities under Government Regulation 177 / 1997 Coll., as amended by Government Regulation 287 / 2000 Coll., shall be deemed to be persons in charge of activities under this Regulation.
The following shall be deleted:
1. Government Decree No. 177 / 1997 Coll., laying down technical requirements for gas appliances.
2. Government Decree No. 287 / 2000 Coll., amending Government Decree No. 177 / 1997 Coll., laying down technical requirements for gas appliances.
Efficacy
This Regulation shall enter into force on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
PhDr. Špidla v. r.
Minister for Industry and Trade:
Ing. Rusnok v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 22 / 2003 Coll.
ESSENTIAL REQUIREMENTS
Preliminary remark
The obligations arising from the essential requirements for appliances referred to in this Annex shall also apply to equipment where there are hazards.
1. GENERAL CONDITIONS
1.1. Appliances shall be designed and manufactured in such a way that they operate safely and do not endanger persons, domestic and farm animals or property in normal use as defined in Section 1, paragraph 5 of this Regulation.
1.2 All appliances, when placed on the market, must:
(a) be equipped with technical instructions for the installer;
(b) be provided with instructions for use and maintenance intended for the user;
(c) bear an appropriate warning, which shall also appear on the packaging.
Instructions and warnings shall be in the language (s) of the Member States of the European Union to which the appliances are distributed.
1.2.1 Technical instructions intended for the installer shall contain all the installation, adjustment and maintenance instructions required to ensure that the designated operations are correctly carried out and that the appliance can be safely operated. In particular, instructions shall specify:
(a) the type of gas fuel used;
(b) gas fuel connection pressure applied;
(c) the required supply of clean air for the supply of combustion air and to prevent the formation of mixtures of unburned fuel in hazardous concentrations for appliances not equipped with the equipment referred to in point 3.2.3;
(d) conditions relating to the method of exhaust treatment;
(e) in the case of forced air-flow burners and heating bodies which will be equipped with such burners, their characteristics, the installation requirements to help meet the essential requirements applicable to complete appliances and, if necessary, the list of combinations recommended by the manufacturer.
1.2.2. The instructions for use and maintenance intended for the user shall contain all the information required for safe use and shall in particular draw the user's attention to any restrictions on use.
1.2.3. The warnings given on the appliance and its packaging shall clearly indicate the type of gaseous fuel used, the fuel overpressure attached and any restrictions on use, in particular restrictions, where the appliance must be installed only in spaces with sufficient ventilation.
1.3 Equipment which are expected to be part of an appliance shall be so designed and manufactured as to meet its intended purpose when fitted according to the installation instructions.
The installation, adjustment, use and maintenance instructions shall be supplied with the equipment.
2. MATERIALS
2.1 The materials shall comply with their intended purpose and shall be resistant to the technical, chemical and thermal effects to which they are expected to be exposed.
2.2 The safety-critical properties of materials must be guaranteed by the manufacturer or the supplier of the appliance.
3. CONSTRUCTION AND PRODUCTION
3.1 General
3.1.1. Appliances shall be designed in such a way that their safety cannot be impaired in normal use due to instability, deformation, damage or wear.
3.1.2 The occurrence of condensates when put into service and / or when used shall not affect the safe operation of appliances.
3.1.3. Appliances shall be so designed and constructed as to minimise the risk of explosion due to fire of external origin.
3.1.4. Appliances shall be designed in such a way that the water and unwanted air cannot penetrate the circuits through which the fuel flows.
3.1.5. In the case of normal variations in auxiliary energy, the appliances must function permanently safely.
3.1.6 Abnormal variation or failure of auxiliary energy or its recovery shall not cause a dangerous situation.
3.1.7 Appliances shall be so designed and constructed as to avoid the risk of electric shock. In the field where specific legislation is applied (5), compliance with safety objectives in terms of the risk of electric shock shall be deemed to comply with this requirement.
3.1.8. All parts of the appliance under pressure shall be resistant to the mechanical and thermal stress to which they are subjected without any deformation affecting safety.
3.1.9 Appliances shall be so designed and constructed that the failure of safety, control or control devices does not lead to a dangerous situation.
3.1.10 If the appliance is equipped with safety or control devices, the operation of the safety devices shall not be impaired by the operation of the control device.
3.1.11 All parts of appliances that are adjusted or set in production and that should not be handled by the user or the installer shall be adequately secured.
3.1.12. Manual controls and other control and control devices shall be clearly marked and shall be provided with appropriate instructions to prevent any tampering error. Their design shall exclude accidental manipulation.
3.2 Non-fired fuel leak
3.2.1. Appliances shall be so designed that the amount of any leaking fuel is not dangerous.
3.2.2. The appliances shall be so designed that the amount of fuel which escapes from the burner during ignition, repeated ignition and at flame extinguishing is limited to prevent the dangerous accumulation of unburned fuel in the appliance.
3.2.3. Appliances intended for indoor use and rooms shall be equipped with a special device to prevent the dangerous accumulation of unburned fuel in such spaces or rooms.
Appliances not equipped with such devices shall only be used in spaces with sufficient ventilation to prevent dangerous accumulation of unburned fuel.
Member States of the European Union may lay down in their territory the conditions for adequate ventilation of premises intended for the installation of such appliances, taking into account the characteristics of appliances.
Consumers for mass caterers and gas-fired appliances containing toxic constituents shall be equipped with the above mentioned equipment.
3.3 Incineration
Appliances shall be so designed that, in normal use:
(a) the ignition and re-ignition have taken place smoothly;
(b) reliable flame spread is ensured.
3.4 Burning
3.4.1. Appliances shall be designed in such a way as to ensure the stability of the flame during normal use and that the combustion products do not contain illicit concentrations of harmful substances.
3.4.2. Appliances shall be designed in such a way that no accidental flue gas leakage occurs during normal use.
3.4.3. The flue gas-discharge appliances outside the room shall be designed in such a way that, under emergency tensile conditions, the flue gas is not released in dangerous quantities into the room.
3.4.4. Local domestic heating appliances and flow-through water heaters, without flue gas removal outside the room, shall not cause in the room or space a concentration of carbon monoxide that would endanger the health of persons, taking into account the estimated duration of their stay in the room or space.
3.5 Rational use of energy
Appliances shall be designed to ensure a rational use of energy with regard to the state of the art and safety aspects.
3.6 Temperatures
3.6.1 Parts of appliances intended to be placed near the floor or other surfaces shall not reach temperatures which are dangerous to the environment.
3.6.2 The surface temperature of the hand controls of appliances intended for handling shall not be dangerous to the user.
3.6.3 The surface temperatures of the external parts of appliances intended for domestic use, with the exception of areas or parts intended for heat sharing, shall not, under operational conditions, be a source of danger to the user and, in particular, to children for whom an adequate response period should be taken into account.
3.7 Food, drinking and commercial water
Without prejudice to specific legislation in this area, materials and components used for the construction of an appliance which comes into contact with food, drinking water and utility water shall not impair their quality.
Příloha č. 2
Annex No. 2 to Government Decree No. 22 / 2003 Coll.
CONFORMITY ASSESSMENT PROCEDURES
1. EC type-examination
1.1 EC type-examination is the part of the procedure by which the notified person checks and certifies that the appliance constituting the intended production complies with the provisions of this Regulation which apply to it.
1.2. The manufacturer or his authorised representative shall submit a type-examination application to a single notified person.
1.2.1. The application shall contain:
(a) the identification details of the manufacturer (for a natural person, the name and surname and permanent residence or place of business, the name or business name and registered office of the legal person) and, where the application is submitted by an authorised representative, his identification details;
(b) a written declaration that no other notified person has submitted the application;
(c) the design documentation referred to in Annex 3 to this Regulation.
1.2.2. The manufacturer shall make available to the notified person an appliance representing the intended production, hereinafter referred to as "type '. The notified person may request additional samples of the type if necessary for the test programme. The type may also include variants of the product provided that these variants do not have different characteristics in terms of the nature of the hazard.
1.3
1.3.1 examine the design documentation and verify that the type has been manufactured in conformity with this design documentation and identify the elements which have been designed according to the relevant provisions of the standards referred to in Article 2 (3) and the essential requirements of this Regulation;
1.3.2 carry out or have carried out appropriate checks and / or tests to verify that the solutions made by the manufacturer meet the essential requirements if the standards referred to in Section 2 (3) have not been applied;
1.3.3 carry out or have carried out appropriate checks and / or tests to verify that the relevant standards have actually been applied and, if the manufacturer has done so, has ensured compliance with the essential requirements.
1.4 Where a type complies with the provisions of this Regulation, the notified person shall issue the applicant with an EC type-examination certificate. The certificate shall contain the conclusions of the examination, the conditions for its validity, if any, the particulars necessary for the identification of the approved type and, where necessary, the descriptions of its operation. The relevant technical elements, such as drawings and diagrams, shall be attached to the certificate.
1.5 The notified person shall inform the other relevant notified persons without delay of the issue of the EC type-examination certificate and its additions in accordance with point 1.7, which may receive a copy of the EC type-examination certificate or its additions and, at a reasoned request, may obtain a copy of the annexes to the certificate and of the reports of the checks and tests carried out.
1.6 A person who refuses to issue or withdraws an EC type-examination certificate shall at the same time inform the Technical Standardisation, Metrology and State Testing Office and other relevant notified persons, giving the reasons for his decision.
1.7 The applicant shall keep the notified person who issued the EC-type examination certificate informed of any modification of the approved type which may affect compliance with the essential requirements.
Modification of the approved type shall be subsequently approved by the notified person who issued the EC-type examination certificate if such modifications affect compliance with the essential requirements or prescribed conditions of use of the appliance. This additional approval shall be made in the form of a supplement to the original EC-type examination certificate.
2. EC declaration of conformity to type
2.1 EC declaration of conformity to type is part of the procedure whereby the manufacturer declares that the appliances in question are in conformity with the type described in the EC-type examination certificate and comply with the essential requirements of this Regulation which apply to them. The manufacturer or his authorised representative shall affix the CE marking to each appliance and issue a written declaration of conformity. The declaration of conformity may cover one or more appliances and shall be kept by the manufacturer. The identification number of the notified 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 shall take all necessary measures to ensure that the manufacturing process, including the output inspection and testing of the products, ensures consistency of the production and conformity of appliances with the type described in the EC-type examination certificate and with the requirements of this Regulation applicable to them. The manufacturer selected by the notified person 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 the notified person at random intervals of one year or less. An adequate number of appliances shall be checked and appropriate tests carried out in accordance with the relevant standards referred to in Article 2 (3) or equivalent tests to ensure compliance with the relevant essential requirements of this Regulation. In each individual case, the person nominated shall assess whether all or only part of the tests need to be carried out. Where one or more appliances are rejected, the notified person shall take appropriate measures to prevent them from being placed on the market.
3. EC declaration of conformity to type (quality assurance of production)
3.1 EC declaration of conformity to the type (quality assurance of production) is the part of the procedure whereby a manufacturer who fulfils the obligations referred to in point 3.2 declares that the appliances in question are in conformity with the type described in the EC-type examination certificate and complies with the essential requirements of this Regulation which apply to them. The manufacturer or his authorised representative shall affix the CE marking to each appliance and issue a written declaration of conformity. This declaration may cover one or more appliances and must be kept with the manufacturer. The identification number of the notified person responsible for EC supervision shall be indicated after the CE marking.
3.2 The manufacturer shall apply a quality system ensuring conformity of appliances with the type described in the EC type-examination certificate and with the essential requirements of this Regulation applicable to them. The manufacturer shall be subject to EC supervision in accordance with point 3.4.
3.3 Quality system
3.3.1. The manufacturer shall submit to the notified person of his choice an application for the approval of his quality system for the appliances concerned.
The application shall contain:
(a) documentation of the quality system;
(b) an undertaking that the obligations arising from the quality system will be fulfilled as approved;
(c) an undertaking to maintain the approved quality system and to guarantee its continued applicability and effectiveness;
(d) documentation relating to the certified type and a copy of the EC-type examination certificate.
3.3.2 All elements, requirements and measures adopted by the manufacturer shall be documented in a systematic and logical manner in the form of written measures, procedures and instructions. This quality system documentation shall allow a uniform interpretation of the quality programmes, plans and manuals and quality records. It shall contain in particular an appropriate description:
(a) the purposes of the quality system, organisational structure and responsibilities of management and their competence with regard to the quality of the appliance;
(b) the production processes, quality management methodology and quality assurance and systematic activities to be used;
(c) tests and tests to be carried out before, during and after manufacture and the frequency with which they will be carried out;
(d) methods to monitor the achievement of the required quality of the appliance and the effective application of the quality system.
3.3.3 The notified person shall examine and evaluate the quality system to determine whether it complies with the requirements set out in point 3.3.2. Compliance with these requirements will be considered to be relevant for quality systems applying the relevant harmonised standard.
The notified person must notify the manufacturer of his decision and inform the other relevant notified persons accordingly. The manufacturer's notification shall contain the conclusions of the review, the name and address of the notified person and the reasoned assessment decision of the appliances concerned.
3.3.4. The manufacturer shall keep the notified person who approved the quality system informed of any update of the quality system in relation to changes caused, for example, by new technologies and quality concepts.
The notified person shall review the proposed amendments and decide whether the amended quality system complies with the relevant provisions or whether a new assessment is necessary. They shall notify the manufacturer of their decision. The notification shall contain the conclusions of the review and the reasoned assessment decision.
3.3.5 The notified person who withdraws the approval of the quality system must inform the other notified persons concerned and state the reasons for his decision.
3.4 EC supervision
3.4.1 The purpose of EC supervision is to ensure that the manufacturer complies adequately with the obligations arising from the approved quality system.
3.4.2. The manufacturer shall allow the notified person for inspection purposes to access the production, control, testing and storage facilities and shall provide him with all necessary information, in particular:
(a) documentation of the quality system;
(b) quality records, such as inspection reports and test data, calibration data, qualification data for relevant personnel.
3.4.3. The person nominated shall carry out the surveillance at least every two years to ensure that the manufacturer maintains and uses the approved quality system and shall provide the manufacturer with a report from that supervision.
3.4.4. In addition, the notified person may make unannounced visits to the manufacturer. During these visits, the notified person may carry out tests on appliances or have them carried out. They shall provide the manufacturer with a visit report and, where appropriate, a test report.
3.4.5 The manufacturer may submit a notified person's report upon request.
4. EC declaration of conformity to type (product quality guarantee)
4.1 EC declaration of conformity to the type (product quality guarantee) is the part of the procedure whereby a manufacturer who fulfils the obligations under point 4.2 declares that the appliances concerned are identical to the type described in the EC type-examination certificate and complies with the essential requirements of this Regulation which apply to them. The manufacturer or his authorised representative shall affix the CE marking to each appliance and issue a written declaration of conformity. This declaration may cover one or more appliances and must be kept with the manufacturer. The identification number of the notified person responsible for EC supervision shall be indicated after the CE marking.
4.2 The manufacturer shall use the approved quality system for the output inspection of appliances and tests in accordance with point 4.3 and shall be subject to EC supervision in accordance with point 4.4.
4.3. Quality system
4.3.1. In the context of this procedure, the manufacturer shall submit to the notified person of his choice an application for the approval of his quality system for the appliances in question.
The application shall contain:
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Regulation Information
| Citation | Government Regulation No. 22 / 2003 Coll., laying down technical requirements for gas appliances |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.02.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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