Act No. 89 / 1987 Coll.
Law on the production, distribution and consumption of heat
Valid
Effective from 01.01.1988
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89
THE LAW
of 10 November 1987
on heat production, distribution and consumption
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
Subject matter
This law governs
(a) uniform control of the production, distribution and consumption of heat used for heating, air conditioning, hot water preparation and technological purposes in the form of hot or hot water or steam (hereinafter referred to as heat supply);
(b) the competence of the Federal Ministry of Fuel and Energy in the field of heat supply;
(c) the tasks of organisations and the rights and obligations of citizens in the field of heat supply;
(d) conditions for the establishment and operation of heat supply facilities;
(e) instruments to promote a single state fuel energy policy in the field of heat supply.
Heat supply methods
(1) The national economy and population are supplied heat in a centralised or decentralised manner.
(2) Centralised heat supply is the production of heat in a central heat source and its supply to multiple heat demand facilities through a heat distribution.
(3) Decentralised heat supply means the production of heat in a local heat source and its delivery to an internal plant, including through a heat distribution or directly for heating.
Heat supply facilities
(1) The system of centralised heat supply (hereinafter referred to as the "system") is an interconnected system of equipment consisting of one or more central heat sources, heat distribution facilities and more heat collection facilities.
(2) The central source of heat is a source with an installed heat output of at least 6 MW, which supplies heat for multiple heat demand devices and is located in a separate building; other sources are local heat sources.
(3) The heat distribution is a set of equipment that forms a pipe with accessories (hereinafter referred to as the "thermal network ') and, if built, stations in which the parameters of the heat carrier are adjusted. Stations in which the parameters of the heat carrier are adjusted to values corresponding to the internal equipment are the transfer stations and the heat distribution is divided into primary and secondary parts. The heat distribution that provides heat for multiple customers' heat collection facilities is a public heat distribution.
(4) The heat connection is a device used to connect one customer's demand heat equipment to the public heat distribution or directly to the heat source.
(5) The exhaust heat equipment shall be the internal equipment or, where applicable, the part of the heat distribution connected to the heat connection; Serves one customer.
(6) The internal equipment shall be appliances and appropriate distribution lines with accessories; serve for the purpose of using the heat by the consumer.
(7) The Federal Ministry of Fuel and Energy or the professional energy organisation which it authorises decides in doubt the type of heat supply facility. 1)
DEVELOPMENT OF TEMPERATURE COLLECTION
The concept of developing heat supply
The Federal Ministry of Fuel and Energy is involved in the creation of a single state industrial policy in the entrusted area by developing an overall concept for the development of heat supply in the Czechoslovak Socialist Republic and determining the methods of its compliance.
Areas of heat supply development
(1) The Federal Ministry of Fuel and Energy, after consultation with the Czech Planning Commission and the Czech Commission for Scientific, Technical and Investment Development or the Slovak Planning Commission and the Slovak Commission for Scientific, Technical and Investment Development and the relevant Regional National Committee or the National Committee of the City of Prague or the National Committee of the Slovak Socialist Republic of Bratislava (hereinafter the "Regional National Committee"), shall, as a general rule, declare within a single system (hereinafter the "selected area") the areas in which it is useful for the perspective development of industry, agriculture and settlement in a technically secure supply of heat.
(2) The selected areas are declared by an implementing regulation issued pursuant to Article 8 (2).
Development Temperature Study
(1) The development warming study is a document in which the way and extent of heat supply are dealt with in a comprehensive way and the concept of developing heat supply is specified. For selected areas, processing is mandatory.
(2) The development warming study must be consistent with the national energy balance and the downstream balance of the different types of fuels and electricity, with the latest scientific and technical developments; it shall be processed on the basis of an evaluation of the territorial technical, economic and organisational conditions, in particular the current and forward balance of sources and heat needs, as well as the aspects of the care of healthy living conditions and the protection of the agricultural and forestry funds.
Processing of the development temperature study
(1) The development of a temperature study for the selected area shall be carried out by an organisation operating a public heat distribution in the existing system or by an organisation in whose interest the system is to be built. In cases of dispute, the Federal Ministry of Fuel and Energy shall designate the organisation after consultation with the relevant central authority and the Regional National Committee.
(2) An organisation which ensures the processing of a development warming study shall first draw up, using the methodological assistance of a specialised energy organisation (1), the principles of a conceptual solution of that study and discuss them with the relevant regional national committee. Following their discussion, it shall, using methodological assistance from a specialised energyorganisation (1), develop a development warming study.
Approval of the development temperature study
(1) The Federal Ministry of Fuel and Energy, after consulting the State Commission for Scientific, Technical and Investment Development, the Czech Planning Commission and the Czech Commission for Scientific, Technical and Investment Development, or the Slovak Planning Commission and the Slovak Commission for Scientific, Technical and Investment Development, after consulting the Central Authorities of the participating organisations, and in agreement with the relevant Regional National Committee, approve a development study based on the principles (Section 7 (2)), submitted by the Expert Energy Organisation, 1).
(2) The detailed provisions on the content, processing and procedure for the approval of development temperature studies are laid down in the implementing regulation.
Relationship of the development temperature study and planning documentation
(1) An approved development temperature study is the basis for the acquisition of land planning documentation for a territory comprising a selected area or part thereof. If the planning documentation is already approved for the selected area, the development study shall follow the basic principles of the layout of the territory and the two documents shall be brought into conformity.
(2) If the development temperature study is not yet processed for the territory for which the planning documentation is being procured, or if such territory does not include the selected area or part thereof, it shall be the basis for addressing the development of heat supply and, where appropriate, the extent and principles of centralised heat supply in the planning documentation, in particular the balance of heat needs and source coverage. The method of such balance sheet shall be laid down in an implementing regulation issued pursuant to Paragraph 8 (2).
Obligations of the authorities acquiring the planning documentation
(1) The authority issuing the zoning documentation for the territory comprising the selected area or part thereof will discuss its proposal for heat supply and development with the Federal Ministry of Fuel and Energy.
(2) The authority issuing the zoning documentation for the territory not including the selected area or part thereof shall discuss its proposal with the relevant expert energy organisation. 1)
Cooperation between investors and operators of heat supply facilities in addressing the development of heat supply
Investors and operators of heat supply facilities shall, within 30 days of the date of receipt of the application to the Federal Ministry of Fuel and Energy or to specialised energy organisations1) or to the organisations responsible for the development of the heat treatment study, provide the information, documentation and planning data necessary to fulfil their tasks under Sections 5, 7 and 8 and for analyses of the cost-effectiveness of the plant for the production, distribution and consumption of heat. This is without prejudice to specific provisions on the protection of national, economic and professional secrecy.
Obligations of building investors for heat supply and professional energy organisation1)
Investors or their authorised organisations shall be required to submit an investment plan and, if not processed, the preparatory documentation of the buildings prepared as part of the system to express the expert energy organisation. 1) The expert energy organisation shall assess the documentation submitted with a view to its compliance with the concept of developing heat supplies within the territory and shall deliver its opinion within 30 days of submission.
ESTABLISHMENT AND OPERATING OF TESTING DEVICES
Establishment, extension and other adaptation of central and local heat sources
(1) The central heat source shall be established, extended or otherwise adjusted by an investor designated on the basis of a national development plan for the national economy and its breakdown or by an investor designated in the association contract. 2)
(2) Local heat sources are set up by investors and, for completed buildings, by the controllers (owners) of the buildings for which they are intended to supply heat; they are extended or otherwise modified by their administrators (owners).
(3) Building housing cooperatives may, without the consent of the competent association of housing cooperatives, establish, expand or otherwise modify only local heat sources and only for their own homes and special purpose installations.
Establishment, extension and other modification of public heat distribution, thermal connections and heat sampling installations
(1) The public distribution of heat shall be established, extended or otherwise regulated by the investor designated in the contract for the association, (2) unless otherwise provided for in the national economic development plan and its breakdown.
(2) The primary part of the heat distribution to the first transfer station in the housing population is established, extended or otherwise regulated by the professional energy organisation (1) as an investor on the basis of the national economic development plan and its breakdown or as an investor designated in the association contract, (2) if it is or will be an operator of the central heat source or public heat distribution, as appropriate.
(3) The transmission station and the secondary part of the heat distribution shall establish, extend or otherwise modify the organisation with the largest share of the heat collection from such a station, as a rule under the association contract.
(4) The thermal connection is established, extended or otherwise adjusted to its load by the administrator (owner) of the installation or investor of the building to be connected to the heat distribution in accordance with the conditions laid down by the operator of the public heat distribution.
(5) The investor of the heat connection to the primary part of the heat distribution shall, after the approval, transfer it free of charge to the management (ownership) of the public heat distribution operator to which the heat connection attaches the sampling heat equipment. The transfer shall be carried out in accordance with the specific regulation.3)
(6) The heat collector shall establish, extend or otherwise modify the investor of the construction or, where appropriate, the manager (owner) of the installation for which the heat supply is intended.
(7) Construction housing cooperatives may only establish, expand or otherwise modify thermal connections to the secondary part of the heat distribution and demand thermal equipment for their own homes and special purpose appliances.
Securing the combined investment construction of heat production and distribution facilities
(1) The preparation of the conclusion of a contract for the collection of funds and investment activities for heat generation and distribution facilities shall be organised by the organisation referred to in Article 7 (1) or coordinated by the relevant national committee (4).
(2) The setting-up, extension or other modification of installations for the production or distribution of heat in the form of a pool of funds and investment-building activities involves the managers (owners) of buildings and the investors of installations which will be supplied with heat.
(3) The investor of the combined investment construction is the organisation with the largest share of heat collection, unless otherwise agreed in the association contract (2). When expanding or otherwise adjusting the existing heat source or distribution in the form of a pool of funds and investment-building activities, the investor of the manager (owner) of the installation concerned, unless otherwise agreed in the association contract (2).
(4) Building housing cooperatives may only be participants in the combined investment construction with the agreement of the relevant association of housing cooperatives.
(5
Operation of heat supply facilities
(1) The heat source established to supply heat to one organisation is operated by that organisation.
(2) The heat source for heat supply by several organisations is operated by an organisation set up for this activity (5) or an organisation designated as an operator in the association contract (2).
(3) The public heat distribution is operated by an organisation set up for this activity, (5) and, if not set up, by an organisation with the largest share of the supply of such heat, unless otherwise agreed between the heat takers, or by an expert energy organisation, (1) if it was set up as an investor itself or provided for its establishment as an investor of a combined investment construction.
(4) Where a professional energyorganisation (1) operates a central heat source within the system, it also operates the primary part of the heat distribution to the transmission stations. The transmission station and the downstream secondary part of the heat distribution shall be operated by an organisation with the largest share of the heat collection from such a station, unless otherwise agreed between heat takers or an expert energy organisation, (1) if agreed with heat takers.
(5) The heat connection to the secondary part of the heat distribution and the heat collection equipment is operated by the administrator (owner) of the building (s) for which heat supply is intended.
(6) Construction housing cooperatives can only operate local heat sources, thermal connections to the secondary part of the heat distribution and demand thermal equipment that they have built as an investor and which serves to supply heat to their own homes and special purpose equipment.
(7) The heat supply facility built within the technical equipment of complex residential construction is operated by the organisation for this activity set up, 5) and, if not set up, by an organisation which has concluded, on the basis of the preparatory documentation of the construction, a contract on the manner and conditions of taking over and future operation of the installation. 6)
(8) An organisation which, pursuant to the provisions of paragraphs 1 to 7, operates a heat supply facility shall also manage it (own).
(9) When operating heat supply facilities, operators are obliged to create and protect healthy living conditions.
Obligations of operators of heat generation and distribution plants
(1) The operator of an installation for the production and distribution of heat in the system must not cancel or relocate the installation or part thereof, stop or limit the supply of heat from it in the long term, without the consent of the Federal Ministry of Fuel and Energy and of the central authorities of the concerned customer organisations and without the consent of the relevant regional national committee, if it is about the supply of heat to the population.
(2) The consent referred to in paragraph 1 is not required to suspend or restrict the supply of heat due to repair, revision or, where appropriate, the removal of an operational failure or an accident of a heat plant.
Single operation and maintenance system
(1) All operational, maintenance and repair activities in each system shall be coordinated on the basis of a uniform system of operation and maintenance to ensure the supply of heat to the demand heat equipment within the planned range.
(2) Organisations operating individual system facilities shall make their operation subject to a single system of operation and maintenance.
(3) The operation of the system must be controlled in a dispatching manner in accordance with the single operation and maintenance system. This procedure shall be carried out by an organisation operating a public heat distribution or under agreement with an organisation operating a central heat source.
(4) The dispatching organisation shall agree with the organisations operating individual installations in the system and with the relevant national committee of the dispatching order, which shall comply with the single system of operation and maintenance.
(5) The details of the single system of operation and maintenance of the system as well as the principles of the Dispatcher Regulations will be adapted by the implementing regulation.
Management of technical records and passports of heat supply facilities
(1) Organisations which operate individual heat supply facilities in the system are required to keep their uniform technical records and pasties.
(2) The methods and formalities for keeping records and passports referred to in paragraph 1 shall be adapted to the implementing regulation issued pursuant to Paragraph 18 (5).
EXISTENCE TO FOREIGN IMMOVITY
Authorisation of investors and operators of heat distribution installations
(1) Investors or operators of heat distribution facilities, as appropriate, are entitled to:
(a) to establish and operate on foreign real estate heat distribution facilities to the extent resulting from the building permit;
(b) enter and enter in connection with the establishment and changes, where appropriate with the operation, repair, maintenance and removal of heat distribution equipment for arrivals, transit and such equipment of the foreign property concerned;
(c) to remove and polish only to the necessary extent of trees and other crops obstructing heat distribution facilities.
(2) Entry into the enclosed premises and facilities used to carry out the activities and services of the military authorities of the National Security Corps, the armies of the Ministry of Interior, the Correctional Education Corps, as well as the entry into those properties on which the special facilities of the Federal Ministry of Communications are located, in connection with the exercise of the authorisation referred to in paragraph 1, shall be governed by specific provisions.
(3) The authorisations referred to in paragraph 1 shall be issued on the date on which the building permit has acquired legal authority and shall expire on the date of cancellation of the heat distribution plant.
(4) The authorisations referred to in paragraph 1 shall be material burdens on the property concerned and shall not be entered in the property register.
(5) Where the exercise of the authorisation referred to in paragraph 1 significantly limits the use of a property which is owned and used by a citizen or in the personal use of a citizen, a one-off refund shall be granted to the citizen, mutatis mutandis, in accordance with the rules on the reimbursement of the property. 7)
(6) If there is no agreement between the citizen and the investor or the operator of the heat distribution installation on a one-off refund as referred to in paragraph 5, the local building office shall decide upon the request of the citizen.
(7) The request referred to in paragraph 6 shall be made within six months of the date on which the use of the equipment was authorised (8).
Obligations of investors and operators of heat distribution installations
(1) When exercising the authorisation referred to in Article 20 (1), the investor or, where appropriate, the operator of the heat distribution plant shall be obliged to investigate the properties concerned, including the crops and cultures.
(2) The investor or, where appropriate, the operator of the heat distribution installation must notify the owners, administrators or users of the properties concerned of the duration and scope of the work related to the exercise of the authorisation referred to in Article 20 (1) so that they can carry out the necessary measures to prevent or reduce damage; This does not apply if this would make immediate action to remedy the emergency situation difficult.
(3) The investor or, where appropriate, the operator of the heat distribution installation is obliged to put the property into its original state, as far as possible, on completion of the authorisation under Paragraph 20 (1).
(4) If the authorisation referred to in Article 20 (1) results in damage to the owner, administrator or user of the property, the investor or, where applicable, the operator of the heat distribution plant shall replace it in the manner laid down in the generally binding compensation legislation. 9)
(5) If there is no compensation agreement, the court or economic arbitrage shall decide according to the nature of the case.
Protection zones
(1) The protection zones are designed to secure heat distribution facilities, to protect their smooth operation and to ensure the safety of persons and property in these zones.
(2) Obligations and restrictions in and close to the protection zones arise on the date on which the territorial decision on the location of the heat distribution plant became legal and ceased to exist by the removal of the plant; They shall also apply to heat distribution facilities established before the effective date of the law.
(3) Buildings and activities which threaten the operation of heat distribution facilities must not be placed in and close to protection zones.
(4) The list of buildings and activities likely to endanger the heat distribution plant and its smooth operation, the scope of the protection zones and the conditions for carrying out activities in and near the protection zones shall be laid down in an implementing regulation issued pursuant to Article 18 (5).
Contact between different devices
Heat distribution facilities may cross or otherwise affect communications, waters, water management and other parts, as well as territories in which minerals are conquered, or may be cross-affected or affected by them, where necessary for technical reasons, or where the general interest so requests, in a manner proportionate to the needs of the national economy and local circumstances, so as to prejudice as little as possible the interests of the participating organisations (authorities).
HEALTH MANAGEMENT
Obligations of heat supply operators and customers and heat consumers
(1) In order to ensure proper heat management, operators of heat supply facilities shall:
(a) carry out regular maintenance of all equipment and take measures to achieve its optimum technical level;
(b) evaluate the production, supply and consumption of heat;
(c) develop, verify and comply with heat consumption standards or technical economic indicators;
(d) to introduce and use automatic regulation and measurement.
(2) Operators of installations for the production and distribution of heat are obliged to create conditions for the technically and economically efficient connection of objects supplied from local sources to systems.
(3) The heat source operator whose installed power is not fully used shall provide unused heat output to other customers.
(4) Collectors and heat consumers are obliged to follow the instructions of the organisation which controls the operation of the system according to the agreed dispatching rules (Paragraph 18 (3)) and to adjust the operation and consumption of the heat collection facilities accordingly.
(5) The details of the heat management will be adapted by the implementing regulation.
Connecting thermal connections and heat sampling devices
(1) Operators of a public heat distribution or central heat source shall connect the heat connections and the heat collection devices on the basis of their approval, carried out in accordance with specific regulations, 8) and under the conditions laid down in uniform connection conditions.
(2) Operators of heat generation and distribution facilities must not affix demand thermal equipment and buildings the execution of which does not comply with the principles of economy and technical reliability in terms of heat consumption.
(3) The uniform connection conditions shall be laid down in an implementing regulation issued pursuant to Paragraph 24 (5).
Change of the heat carrier or its parameters
(1) If, for reasons of technical or economic development, a change in the heat carrier or its parameters within the system is made, the heat customer is obliged to adjust his heat demand facilities on his load within a period agreed with the heat supplier.
(2) Modifications of the thermal demand facilities owned or permanently used by building housing cooperatives and owned by citizens, necessary for the change of the heat transfer substance or its parameters within the system, shall be carried out on its cargo by the organisation which makes the change.
(3) The procedure for the modification of a heat-bearing substance or its parameters shall be determined in more detail by an implementing regulation issued pursuant to Paragraph 24 (5).
COMMON AND FINAL PROVISIONS
Common provisions
The General Rules on Administrative Procedure do not apply to proceedings pursuant to Articles 3 (7), 7 (1), 8 (1) and 17 (1) of this Act.
Authorisation provisions
The Federal Ministry of Fuel and Energy shall issue generally binding legislation for the implementation of Section 8 (2) and, in agreement with the central government involved, also for the implementation of Sections 18 (5) and 24 (5).
The Government of the Czechoslovak Socialist Republic may authorise an exemption from the provisions of Part Three where this is necessary for the verification of new forms of management and organisation of heat supply.
Repeal
_
1. provision of § 18 of Decree No. 80 / 1957 Coll., implementing Act No. 79 / 1957 Coll., on the Production, Distribution and Consumption of Electricity (Electricity Act);
2. the Decree of the Central Energy Administration No. 38 / 1963 Coll., on the establishment and operation of heat generation and distribution facilities.
Efficacy
This Law shall take effect on 1 January 1988.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Czech energy plants, group, Prague, or Slovak energy companies, group, Bratislava.
2) § 360a of Economic Code No. 109 / 1964 Coll., in the full version published under No. 45 / 1983 Coll. Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic No. 151 / 1978 Coll., on pooling funds of socialist organizations, as amended by Decree No. 15 / 1984 Coll.
3) Decree of the Federal Ministry of Finance No. 90 / 1984 Coll., on the Administration of National Property.
4) § 6a of Act No. 69 / 1967 Coll., on National Committees, in the full version published under No. 31 / 1983 Coll. for the Czech Socialist Republic. § 6b of Act No. 69 / 1967 Coll., on National Committees, in the full version published under No. 35 / 1983 Coll. for the Slovak Socialist Republic. Principles of the coordination activities of the National Committees in pooling the funds and activities of socialist organisations declared under No 52 / 1983 Coll.
5) Paragraph 43 (b) of the Economic Code.
6) Article 352 of the Economic Code.
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Regulation Information
| Citation | Act No. 89 / 1987 Coll., on the production, distribution and consumption of heat |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.11.1987 |
|---|---|
| Effective from | 01.01.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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