Decree No. 86 / 1976 Coll.
Decree of the Federal Ministry of Technical and Investment Development on the certification of the suitability of products for construction works
Valid
Effective from 01.10.1976
86
DECLARATION
Federal Ministry of Technical and Investment Development
of 26 July 1976
on the certification of the suitability of products for construction parts
The Federal Ministry of Technical and Investment Development provides, pursuant to § 143 (1) (m) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act):
Basic provisions
The certification of the suitability of the products for construction (1) (hereinafter referred to as "certification ') is a professional and objective assessment by the state service as to whether a product with guaranteed properties is suitable for defined use under construction.
(1) The scope of certification is domestic products for which new materials, new materials or new technical solutions are used and which are expected to be re-used (hereinafter referred to as "products').
(2) Products intended exclusively for experimental constructions and products the suitability of which has been assessed in the performance of public testing are not subject to certification.
(1) At the request of the manufacturer, the certification shall be carried out by the national service within the scope of the authorisation granted. (3)
(2) Information on the suitability of the products certified by the state service (certificate) is published in the product catalogue.4)
Certification procedure
Certification applications
(1) The products shall be certified by their manufacturers in the relevant state service (5). The manufacturer shall submit the necessary documentation together with the certification application and, if requested by the State Service, shall provide it with a free sample of the product. To ensure the continuity of the certification procedure, the manufacturer shall consult the State Service in a timely manner when and what type of product it intends to apply for certification.
(2) The documentation referred to in paragraph 1 shall include:
(a) particulars of the material composition, the necessary drawings and the relevant calculations of the product;
(b) details of the characteristics guaranteed and evidence of the tests carried out;
(c) the statements of the competent authorities which ensure the protection of environmental compartments and other specific interests;
(d) the conditions of use of the product;
(e) the proposed use of the product;
(f) relations with related regulations and technical standards and product identification according to a single system of socio-economic classifications and code lists.
(3) The State Service shall notify the manufacturer in writing within 60 days of receipt of the application with documentation whether it accepts or rejects the application; At the same time as the notification of receipt of the application, it may request the necessary addition of the dossier.
(4) The refusal shall be justified. The application for certification of a non-certification product (§ 2 (2)) and a non-certification product (§ 3 (1)) shall always be rejected by the State Service.
(5) Within 90 days of receipt of the application and, where appropriate, of the requested addition of the dossier, the State Service shall assess, on the basis of the findings made, the suitability of the certified product for the proposed use and shall draw up a final report on the outcome of the verification, stating the reasons therefor. If the product has been assessed as satisfactory, the State Service shall simultaneously issue a certificate of suitability for the construction part of the construction (hereinafter referred to as the certificate).
Certification
(1) The State Service shall specify in the certificate the conditions on the basis of which it was issued and determine the period of validity for three years, for a maximum of five years.
(2) The State Service shall send the manufacturer a final report and a certificate within the time limit set out in Article 4 (5), if it has been issued; the certificate shall be sent simultaneously to the publisher of the product catalogue for publication.
Control of compliance with certification conditions
(1) If the national service finds, when carrying out the check, that the manufacturer does not comply with the guaranteed characteristics of the certified product and the conditions under which the certificate was issued, it shall set a time limit to remedy the defects; If the defects are not remedied within that period, the certificate shall be revoked. In the absence of compliance with the conditions laid down which directly threaten the social interests, the national service may revoke the certificate without the time limit for the removal of defects.
(2) The national service may, after prior consultation with the manufacturer, revoke the certificate for reasons other than those referred to in paragraph 1.
(3) The notice of revocation of the certificate shall be sent by the State Service, giving reasons for the manufacturer and the publisher of the product catalogue for publication.
Opposition against the outcome of certification and the revocation of certificates
(1) The manufacturer may object in writing to the outcome of the certification or to the revocation of the certificate within 30 days of receipt of the final report and, where appropriate, the notification of the revocation of the certificate, at the public service responsible for carrying out the certification or inspection referred to in Article 6.
(2) The State Service shall notify the manufacturer in writing within 30 days of receipt of the objections as they have been dealt with. If the national service conforms to the objections, it shall issue or modify the certificate at the same time or, where appropriate, cancel it; if it rejects the opposition, it shall state the reasons for the refusal.
(3) If the State Service accepts the objections, it shall send the certificate to the publisher of the product catalogue. 6)
Provisions common and final
(1) The manufacturer is entitled to include in his correspondence, documentation, products and packaging the particulars on the certificate. The data shall be presented in full or, where appropriate, in abbreviated form; However, the abbreviated wording must not lead to incorrect information.
(2) The manufacturer shall at each delivery of products certified, indicate the number of the certificate and the date of issue of the certificate to the national service responsible for the certification.
(3) Until the certificate has been published in the catalogue, the manufacturer shall send a copy of the certificate on request to the processor of the project documentation or to the customer of the products.
New domestic products (§ 2 (1)) for which a certificate or expert opinion replacing the certificate has not been issued 7) and products for which the certificate has been revoked may not be used in the construction works.
(1) The amount of the payment for certification and for checking compliance with the conditions of the certificate is determined in accordance with the price regulations. 8)
(2) The certification fee shall be paid to the national service of the manufacturer.
The certification procedure shall be governed solely by the provisions of this Order; general administrative provisions shall not apply to this procedure. 9)
This decree shall take effect on 1 October 1976.
First Deputy Minister:
Gábel v. r.
1) § 34 of Decree No. 163 / 1973 Coll., on documentation of buildings.
2) § 14 et seq. of Act No. 30 / 1968 Coll., on State Testing.
3) Article 53 of the Act.
4) Paragraph 1 (1) and (4) of Decree No. 87 / 1976 Coll., on product information for the construction sector.
(5) The form "Application for certificates" shall be issued by the competent national service.
6) Sections 1 and 3 of Decree No. 87 / 1976 Coll., on Product Information for Construction.
7) Paragraph 51 (3) of the Act.
8) § 123 of Decree No. 137 / 1973 Coll., on Prices.
9) Paragraph 52 (3) of the Act.
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Regulation Information
| Citation | Decree of the Federal Ministry of Technical and Investment Development No. 86 / 1976 Coll., on the certification of the suitability of products for construction works |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.1976 |
|---|---|
| Effective from | 01.10.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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