136. Regulation of the Federal Minister for Economic Affairs, Family and Youth on the Monitoring of Liquid Gas Rebuilding Containers

On the basis of § § 7, 10 (1) Z 3 and § 19 of the Kesselgesetz, BGBl. No 211/1992, as last amended by BGBl. I No 80/2007, and pursuant to Article 2 (3) to (7) of Regulation (EC) No 765/2008 laying down the rules for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 80/2007 339/93, OJ L 339, 31.12.1993, No. OJ L 218, 13.8.2008 p. 30.

Scope

§ 1. (1) This Regulation shall apply to liquid-gas rebuilding containers and shall lay down provisions relating to their monitoring and operation.

(2) For a liquid gas container in operation or in the commercial chain of the manufacturer BAGOM INDUSTRIE GmbH (now G.A.M. HEAT GmbH), 39245 Gommern, Germany, with a single-sided welded round, the manufacturer BAGOM INDUSTRIE GmbH (now G.A.M. HEAT GmbH) is Provisions of § § 2 to 7.

(3) The provisions of § § 2 and 4 (1) shall apply to liquid-gas conversion containers without a welded round blank and for liquid-gas rebuilding containers, in which the round-of-round welding took place against a massive welding bath safety device (e.g. a single-lelow welding bath).

Definitions

§ 2. For the purposes of this Regulation:

1.		Liquid-gas conversion container: a liquid-gas container originally produced for the above-ground installation, which has been converted as a surface container for use as a subfloor container (earth-laid) after the operational use;
2.		"Ronde": the replacement of the originally planned drainage opening of the liquid gas container by a flat or moulded-in round blank;
3.		Ronden-welding: the welded connection between the blank and the container jacket;
4.		Solid welding bath safety: auxiliary components which remain in the container and serve to ensure perfect root welding, but do not carry out a supporting function;
5.		Economic operators: Manufacturers, authorised agents, importer and trader in accordance with Articles 2 (3) to (7) of Regulation (EC) No 765/2008.

Surveillance measures and deadlines

§ 3. (1) Liquid gas rebuilding containers according to § 1 para. 2 may be used in accordance with the measures of the Pressure Equipment Monitoring Regulation, BGBl. II No 420/2004, if the qualitative execution of the round-of-round welding is assessed according to a suitable method corresponding to the state of the art by a boiler test site (§ 21 of the Kesselgesetz) and as the requirements of the Pressure equipment regulation-DGMO, BGBl. II No 426/1999. For the evaluation of the qualitative execution of the round welding, a radiation-examination is in any case suitable; the ultrasonic testing of a one-sided welding for wall thicknesses of less than 12 mm is not sufficient for this purpose.

(2) At the time of entry into force of this Regulation, non-operating liquid-gas rebuilding containers according to Article 1 (2), in which there is no assessment of the ronden-welding in accordance with para. 1, or the qualitative execution of the Ronden-Welding as not the requirements of the Pressure Equipment Ordinance-DGMO, BGBl. II No 426/1999, shall not be put into service.

(3) Liquid-gas rebuilding containers according to § 1 (2), which are in operation at the time of entry into force of this Regulation and in which no assessment of the qualitative execution of the round-of-round welding is available, may be up to ten years, calculated shall be operated from the end of the year in which the conversion was carried out, but in any case by 31 December 2014, in compliance with the following measures:

1.		Until 31 December 2012, the liquid-gas rebuilding containers shall be equipped with gas sensing probes, the design and arrangement of which shall be determined by a boiler test site, taking into account the nature and the execution of the respective container.
2.		A gas-sensing test shall be carried out at least once a year on the gas-sensing probes according to Z 1:
a)			from the filling staff of the liquified gas supply undertaking which has been shown to be cremated by a boiler inspection body, or
b)			from a boiler test site.
3.		In the context of the periodic external investigation (Section 15 (3) of the Kesselgesetz) of the liquefied petroleum gas container, a gas-sensing test is in any case independent of the gas-sensing test carried out according to Z 2. ,
4.		If, on the basis of the gas sensing test, the suspicion of leakage of the container results, the boiler test site must be notified without delay and the container may be removed, if necessary.
5.		The filling with liquid phase may only be carried out if the filling level of the container to be filled is at least 5% of the filling volume, and with a lower filling level, the filling with gas phase is to be carried out in accordance with the gas-pendulating method.

Documentation

§ 4. (1) The liquid-gas rebuilding containers are in the test book (3. and 4. Main item of the 7. Part of the Pressure Equipment Monitoring Regulation) from the boiler test site as a "conversion container", with reference to the data of the original container (manufacturer, year of construction, number of the container).

(2) The assessment of the Ronde weld made by the boiler inspection body in accordance with the provisions of section 3 (1) shall be connected to the test book.

(3) The equipment of the liquefied gas container with gas sensing probes in accordance with the requirements of § 3 (3) (3) Z 1 shall be documented by the boiler inspection body and this documentation shall be connected to the test book.

(4) The results of the gas inspection tests in accordance with § 3 (3) (2) and (3) are to be documented and to be connected to the test book by the boiler inspection body. In the case of the examination according to § 3 paragraph 3 Z 2 lit. a are the test results documented by the filling personnel prior to their connection to the test book to be checked by the boiler test site and their plausibility to be confirmed.

Responsible economic operators

§ 5. For the initiative

1.		the examination of the round-of-round welding, including its assessment by the boiler inspection body (Section 3 (1)),
2.		the equipment of the containers with gas-sensing probes (§ 3 (3) (1) (1)) and
3.		the performance of the gas-detection test (§ 3 para. 3 Z 2 lit. b and Z 3)
, those economic operators according to § 2 Z 5 shall be responsible for the provision or provision of liquefied petroleum gas containers in accordance with Article 1 (2) on the Austrian market to the end user.

Arrangements for filling of liquefied petroleum gas-conversion vessels

§ 6. For

1.		the performance of the gas-sensing test (§ 3 para. 3 Z 2 lit. a) and
2.		the execution of the filling (§ 3 para. 3 Z 5)
The liquid gas supply company shall be responsible for the filling of the filling.

Information obligation

§ 7. The economic operator responsible for the provision of a liquefied gas container in accordance with Article 1 (2) on the Austrian market for the end user shall have the identifying data and the locations of the provided economic operators. [0060] The liquid gas conversion container is disclosed.

Mitterlehner