Advanced Search

Regulation on the placing on the market of boilers and appliances according to the Construction Products Act (Article 1 of the Ordinance on the Implementation of the Heating Boat Impact Directive)

Original Language Title: Verordnung über das Inverkehrbringen von Heizkesseln und Geräten nach dem Bauproduktengesetz (Artikel 1 der Verordnung zur Umsetzung der Heizkesselwirkungsgradrichtlinie)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Regulation on the placing on the market of boilers and equipment in accordance with the Construction Products Act (Article 1 of the Regulation on the Implementation of the Heating Boiler Efficiency Directive) (BauPGHeizkesselV)

Unofficial table of contents

BauPGHeizkesselV

Date of completion: 28.04.1998

Full quote:

" Regulation concerning the placing on the market of boilers and equipment in accordance with the Construction Products Act (Article 1 of the Ordination on the Implementation of the Heating Boiler Efficiency Directive) of 28 April 1998 (BGBl. 796), as last amended by Article 5 of the Law of 5 December 2012 (BGBl. I p. 2449).

Status: Last amended by Art. 5 G v. 5.12.2012 I 2449

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 5.1998 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EWGRL 42/92 (CELEX Nr: 392L0042) + + +)

The V was issued by the Federal Government with the consent of the Bundesrat. She's gem. Art. 4 V v. 28.4.1998 I 796 (HeizkesselWGrUmsV) mWv 1.5.1998 entered into force.
This Regulation provides for the implementation of Council Directive 92/42/EEC of 21 May 1992 on the efficiencies of new hot-water boilers charged with liquid or gaseous fuels (OJ L 327, 22.12.1992, p. EC No 17, L 195 p. 32), as amended by Article 12 of Council Directive 93 /68/EEC of 22 July 1993 (OJ L 167, 22.7.1993, p. EC No L 220 p. 1). Unofficial table of contents

§ 1 Scope

(1) This Regulation provides for the placing on the market of appliances and boilers which are charged with liquid or gaseous fuels and whose nominal output is equal to or greater than 4 kW, with a view to the efficiency requirements of the efficiency of the Directive. is equal to or less than 400 kW. (2) Not covered by this Regulation:
1.
Boilers which can be supplied with various fuels, including solid fuels;
2.
Installations for the exclusive domestic hot water preparation;
3.
Boilers designed for the charging of fuels whose properties differ significantly from the market-standard liquid and gaseous fuels (industrial gas, biogas, etc.);
4.
kitchen stovings and appliances designed mainly for heating the room in which they are installed, but also supplying hot water for central heating and for utility purposes;
5.
equipment with a rated power of less than 6 kW for the supply of a hot water storage system with gravity circulation;
6.
Individually produced boilers.
Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:
1.
Boilers of the heat generators consisting of boilers and burners, which serves to transfer the heat released by the combustion to the water;
2.
Boiler types of standard boilers (Nos. 8), the low-temperature heating boiler (No. 9) and the condensing boiler (No. 10);
3.
the equipment of the boiler to be equipped with a burner and the burner intended for the equipment of a boiler;
4.
Nominal output the maximum heat output in kW; defined by the manufacturer and guaranteed in continuous operation, in compliance with the efficiency specified by the manufacturer, as a fully guaranteed maximum heat output in kW;
5.
Efficiency the ratio between the heat delivered to the boiler water and the product of the lower calorific value (at constant pressure) of the fuel and the amount of fuel consumed per unit of time in the hundred;
6.
Partial load the ratio between the net power of an intermittent boiler or a boiler with a power below the rated power and the rated power in the hundred;
7.
the mean boiler temperature of the mean of the water temperatures at the inlet and at the outlet of the boiler;
8.
Standard boilers, a boiler in which the average operating temperature can be limited by its design;
9.
Low-temperature heating boilers a boiler which can be operated continuously with an inlet temperature of 35-40 degrees C and in which it can, under certain conditions, be used to condense the steam contained in the exhaust gases;
10.
Condensing boiler a boiler designed for the condensation of a large part of the water vapour contained in the exhaust gases.
Unofficial table of contents

§ 3 Impact requirements

(1) Heating boilers shall be in accordance with the respective efficiency requirements for the different types of boiler of the Annex 1. Equipment must be designed in such a way that boilers assembled from them can meet the requirements of the first sentence. (2) The requirements shall be deemed to be satisfied if the boilers and appliances meet the harmonized standards on behalf of the Commission of the European Communities with regard to the requirements of Council Directive 92/42/EEC, in so far as the reference numbers of the harmonized standards have been published in the Official Journal of the European Communities and the Reference numbers of the national standards to be implemented in the Federal Gazette (3) In the case of boilers with double function-room heating and hot water preparation-the efficiency requirements relate only to the heating function. Unofficial table of contents

§ 4 Requirements for placing on the market

(1) Boilers and appliances may be placed on the market only if they are marked with the CE marking in accordance with Article 5 (1) and (2) and are accompanied by an EC declaration of conformity in the German language, by which the manufacturer or his/her in a representative of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area, certifies that:
1.
the heating boilers meet the requirements of § 3 (1) sentence 1 and the equipment meets the requirements of § 3 (1) sentence 2,
2.
the heating boiler or appliance produced as standard is in conformity with the approved design for which an approved body has certified, after carrying out an EC type-examination (module B) in accordance with Annex III to Council Directive 92 /42/EEC, the design of the boiler complies with the requirements of the first sentence of § 3 (1) and the design of the appliance to the requirements of § 3 (1) sentence 2; and
3.
the procedure laid down in Annex IV, Module C, D or E to Council Directive 92/42/EEC, in the case of gas-fired boilers and burners, also the EC verification referred to in Annex II (5) of Council Directive 90 /396/EEC of 29 June 1990 on the approximation of the laws of the Member States Legislation of the Member States relating to gas consumption facilities (OJ L 327, 28. EC No 15) (Directive on gas-fuel consumption), as amended by Article 10 of Council Directive 93 /68/EEC of 22 July 1993 (OJ L 196, 27.7.1993, p. EC No L 220 p. 1).
In the EC declaration of conformity attached to the equipment, it is necessary to specify the parameters according to which the boilers assembled from the equipment can meet the requirements of section 3 (1) sentence 2. (2) Heating boilers, in the case of which Where a device is used which is marked with a CE marking in accordance with this Regulation, it may only be placed on the market if it is accompanied by the CE marking in accordance with Article 5 (1) and (2) and if the boiler is used for the purpose of: EC declaration of conformity in the German language, by which the manufacturer or his/her in a Member State of the European Union or any other Contracting State of the Agreement on the European Economic Area, confirms that:
1.
the heating boiler produced as standard has been assembled in accordance with the parameters referred to in the second sentence of paragraph 1; and
2.
the procedure laid down in Annex IV, Module C, D or E of Council Directive 92/42/EEC, in the case of gas-fired boilers, has also been complied with in accordance with the EC verification referred to in Annex II (5) of Council Directive 90 /396/EEC (the Directive on gas-fuel consumption). In this connection, the testing, monitoring and certification body operating within the framework of Module C shall check the heating boilers taken from the current production for compliance with the requirements of point 1.
(3) The EC declaration of conformity attached to the boilers must be of the type of boiler; the EC declaration of conformity attached to the boilers must indicate the boiler type of the boiler to be produced therefrom. Unofficial table of contents

§ 5 CE marking

(1) The CE marking required in accordance with Article 4 (1) and (2) shall be clearly visible, legible and permanently affixed to the boilers and appliances. (2) The CE marking shall consist of the letters "CE" in accordance with Annex 3, point 1. (3) The CE marking shall be marked on the heating boilers and equipment shall not be affixed to any other marks, signs or indications which may be confused with the CE marking in respect of the meaning or the character of the document. Any other marking may be affixed to the boiler or to the appliance if it does not affect the visibility and legibility of the CE marking. (4) Boilers and appliances fall within the scope of the other labelling. Legislation which prescribates the CE marking shall be confirmed by the CE marking in accordance with this Regulation as well as the conformity of the boilers and appliances with the provisions of the other legislation. Where, in accordance with one or more of the provisions of this legislation, the manufacturer is free to choose the rules to be applied during a transitional period, the CE marking shall be subject only to conformity with the rules laid down by the manufacturer. Legislation is displayed. In such a case, the documents, instructions or instructions accompanying the boilers or appliances shall be those of the acts of the European Communities which are based on the legislation applied by the manufacturer, are listed in the Official Journal of the European Communities, as published in the Official Journal of the European Communities. (5) If boilers or appliances have been unauthorised with the CE marking, the national law or the State Government may specific authority shall prohibit the placing on the market of these products and their CE marking can be devalued or eliminated. The same applies if boilers and appliances are marked with a mark which can be confused with the CE marking. In addition, § § 24 to 31 of the Product Safety Act are to be applied. Unofficial table of contents

§ 6 (omitted)

- Unofficial table of contents

Section 7 Testing, monitoring and certification bodies

(1) The recognition authority, which is competent under national law or is designated by the Land Government, may, on written request, be a person, body or supervisory community as
1.
Examination office for the type-examination according to module B,
2.
Verification point for confirmations according to module C, D and E,
3.
Certification body for certificates according to module C, D and E
recognise that, in the light of their training, professional knowledge, personal reliability, impartiality and performance, they or their employees guarantee that these tasks are properly carried out and that they are carried out by means of , which are necessary for the appropriate performance of the technical and administrative tasks associated with the performance of the tests, as well as sufficient liability insurance to be provided. The existence of liability insurance can be proven by professional indemnity insurance. The recognitions also apply in the other countries. (2) Test, inspection and certification bodies, which are provided by another Member State of the European Union or another State Party to the Agreement on the European Economic Area (3) § § § 3 to 12 of the BauPG-PÜZ-Recognition Ordinance of 6 June 1996 (BGBl. I p. 798) should be applied accordingly. Unofficial table of contents

§ 8 Administrative Offences

Contrary to § 8 (1) of the Construction Products Act, the person who intentionally or negligently places a boiler or a device on the market in breach of § 4 (1) sentence 1 or paragraph 2 is acting in an orderly manner. Unofficial table of contents

Annex 1 Impact requirements

(Fundstelle des Originaltextes: BGBl. I 1998, 801)
Boiler type Performance intervals Efficiency at rated power Efficiency at partial load
Mean boiler temperature (in degrees C) Formula of the effect level request Mean boiler temperature (in degrees C) Formula of the effect level request
KW (%) (%)
Standard boilers 4 to 400 70 > = 84 + 2 logPn > = 50 > = 80 + 3 logPn
Low-temperature boilers *) 4 to 400 70 > = 87,5 + 1,5 logPn 40 > = 87,5 + 1,5 logPn
Condensing boiler 4 to 400 70 > = 91 + 1 logPn 30 + +) > = 97 + 1 logPn
*)
Including condensing boiler for liquid fuels
+ +)
Boiler entry temperature (return temperature)
Unofficial table of contents

Annex 2 (omitted)

- Unofficial table of contents

Annex 3

(Fundstelle des Originaltextes: BGBl. I 1998, 801;
with regard to of the individual amendments. Footnote)
1.
CE conformity marking The CE conformity marking consists of the letters "CE" with the following typeface:
(unrepresentable image (raster),
Fundstelle: BGBl. I 1998, 801)
If the CE marking is reduced or enlarged, the proportions resulting from the raster imaged above must be maintained. The various components of the CE marking must be approximately equal; the minimum height shall be 5 mm. In addition to the CE marking, the two last digits of the year in which the CE marking has been affixed shall be affixed.
2.
(dropped)