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Change Of The Boiler Operation Law - Dkbg

Original Language Title: Änderung des Dampfkesselbetriebsgesetzes – DKBG

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96. Federal Act amending the Federal Act on the Operation of Steam Boilers and Thermal Power Machines (Steam boiler operating law-DKBG)

The National Council has decided:

The Federal Act on the operation of steam boilers and thermal power machines (steam boiler operating law-DKBG), BGBl. No 212/1992 idF of the Federal Law BGBl. I n ° 136/2001, shall be amended as follows:

1. § 1 including the heading is:

" Scope

§ 1. Subject to the provisions of this Federal Act

1.

Steam boilers, as far as these are within the scope of the Kesselgesetz, BGBl. N ° 211/1992, as last amended by the Federal Law BGBl. I n ° 80/2007;

2.

Thermal engines (steam engines or internal combustion engines, as piston engines or turbines), unless they are used to drive motor vehicles, railway vehicles, watercraft or aircraft. "

2. The heading to § 3 reads:

"Operating Warrior"

3. In § 3 (4), the lit. f and g.

4. § 3 (5) reads:

"(5) The duration of the practical use referred to in paragraph 3 shall be determined by the Federal Minister for Economic Affairs, the Family and Youth in accordance with the technical requirements of the Regulation."

5. § 5 including the heading is:

" Exercise of the service heating service

§ 5. (1) In order to maintain the safe operation of a steam boiler or a heat engine, the permanent presence of the operating heat is generally required. In the case of steam boilers or thermal power machines with automated control and control devices, the operating keeper may, as far as it is reasonably justifiable, remove itself from the installation. Steam boilers or thermal power machines may also be supervised by a knowledgeable help person for the duration of a leave of absence or in the case of a disease if this auxiliary person is required to comply with § 3 (2) (2) and has been shown to be familiar with its duties and obligations in advance by the company's warrior.

(2) More detailed provisions concerning the operation of steam boilers or thermal power machines without constant supervision and the use of auxiliary staff for their operation and supervision are provided by the Federal Minister for Economic Affairs, Family and youth. "

6. § 6 (2) reads:

"(2) More detailed provisions on the admission to the examination, on the examination material and the certificate shall be laid down by the Federal Minister for Economic Affairs, Family and Youth."

7. § 7 (3) reads:

"(3) The appointment of the examination commissioners shall be made by the Governor of the State."

8. § 7 (6) reads:

"(6) Further provisions concerning the appointment of the examination commissioners and the level of the examination fees shall be determined by the Federal Minister for Economic Affairs, Family and Youth."

9. The second sentence is deleted in Section 8 (2).

Section 8 (4) reads as follows:

"(4) More detailed provisions on the exercise of supervision of the company's warriors shall be laid down by Regulation of the Federal Minister for Economic Affairs, Family and Youth."

11. § 9 including the headline is:

" Equivalence Determination

§ 9. (1) Persons of a Member State of the European Union or of any other State, the Party to the Agreement on the European Economic Area, BGBl, shall also be deemed to be a company warden within the meaning of Article 3 (4). No 909/1993 (Member State of origin), if they are State-recognised in the home Member State for similar activities, and can do so with corresponding documents.

(2) Persons from a Member State of origin, in which the legally compliant operation and supervision of steam boilers and thermal power machines are not regulated, shall also be considered as operating warders within the meaning of section 3 (4) if they are Have been in operation for two years in the previous ten years and have been qualified by a competent authority of the Member State of origin in the course of two years of qualification and qualification. have been issued. The evidence is to be submitted to the Federal Minister for Economic Affairs, Family and Youth for a decision. If the evidence of formal qualifications refers to subjects which differ materially from the examination material laid down in Article 6 (2), the Federal Minister for Economic Affairs, the Family and Youth must prescribe compensatory measures to the applicant, which, according to the choice of the applicant, must be carried out either as an adaptation period or as an aptitude test by an examination commissioner. The adaptation period and the aptitude test shall include those areas for which the applicant has not been able to provide sufficient evidence.

(3) Persons from a Member State of origin, in which the legally compliant operation and supervision of steam boilers and thermal power machines are not regulated, may temporarily and occasionally carry out such activities when a Verification of the evidence submitted by the Federal Minister for Economic Affairs, Family and Youth shows that there is no lack of professional qualifications, which are expected to have serious safety hazards in the operation of the plant. . The Federal Minister for Economic Affairs, the Family and Youth may, if necessary, require an aptitude test by an examination commissioner or an adaptation course on the intended maintenance work.

(4) The Federal Minister for Economic Affairs, Family and Youth has decided on the assessment of the submitted evidence and, where appropriate, the outcome of the aptitude test or training provided for in paragraph 3 to the applicant within a time limit of no more than one month after receipt of the complete dossier. If difficulties arise in the proceedings which could lead to a delay in the decision, the Federal Minister for Economic Affairs, Family and Youth shall inform the applicant within one month of receipt of the application and of the Accompanying documents on the reasons for this delay and on the timetable for a decision. The decision must be taken before the end of the second month from the receipt of the complete documents from the Federal Minister for Economic Affairs, Family and Youth. If the Federal Minister for Economic Affairs, Family and Youth receives no reaction from the Federal Minister for Economic Affairs, Family and Youth until the end of the second month from the receipt of the complete documents, the activity may be exercised.

(5) In individual cases, certificates issued by the Federal Minister for Economic Affairs, Family and Youth may be accepted by the Federal Minister for Economic Affairs, Family and Youth for the training and practice of the company's staff member in the EEA. State has passed the provisions of this federal law equivalent. "

12. § 10 para. 1 lit. e is:

" e)

steam engines, steam engines, steam turbines and gas turbines with a nominal output of up to 150 kW; "

13. § 10 para. 1 lit. f is:

" f)

of internal combustion engines with a rated power of up to 500 kW; "

14. § 10 (4) reads:

" (4) In duly substantiated exceptional cases, the Federal Minister for Economic Affairs, Family and Youth may, in accordance with § 4, in individual cases and in cases which have a meaning beyond the individual case, be able to proceed further with the regulation. Facilitating the operation of the European Union. "

15. § 14 including the headline is:

" Enforcement

§ 14. With the enforcement of this federal law, the Federal Minister for Economic Affairs, Family and Youth is entrusted. "

16. § 15 including the headline is:

Implementation of European Community legislation

§ 15. With this federal law, Directive 2005 /36/EC on the recognition of professional qualifications has been complied with. "

Fischer

Faymann