Regulation Concerning The Placing On The Market Of Boilers And Equipment After The Building Products Law (Article 1 Of The Regulation For The Implementation Of The Boiler Efficiency Directive)

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

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Read the untranslated law here: http://www.gesetze-im-internet.de/baupgheizkesselv/BJNR079610998.html

Regulation concerning the placing on the market of boilers and equipment after the building products law (article 1 of the regulation for the implementation of the boiler efficiency directive) (BauPGHeizkesselV) BauPGHeizkesselV Ausfertigung date: 28.04.1998 full quotation: "regulation concerning the placing on the market of boilers and equipment after the building products law (article 1 of the regulation for the implementation of the boiler efficiency directive) dated 28 April 1998 (BGBl. I p. 796), most recently by article 5 of the law of 5 December 2012 (BGBl. I p. 2449) is changed" stand : Last modified by article 5 G v. 5.12.2012 I 2449 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1. 5.1998 +++) (+++ official note of the standard authority on EC law: implementation of EWGRL 42/92 (CELEX Nr: 392 L 0042) +++) the V was adopted by the Federal Government with the consent of the Federal Council. It is according to art. 4 V v. 28.4.1998 I 796 (HeizkesselWGrUmsV) mWv 1.5.1998 entered into force.
This regulation serves the implementation of Directive 92/42/EEC of the Council of the 21 May 1992 on efficiency with liquid or gaseous fuels-loaded-new hot-water boilers (OJ EC No. L 167 p. 17, L 195 p. 32), as amended by article 12 of Directive 93/68/EEC of the Council of 22 July 1993 (OJ EC No. L 220, p. 1).

§ 1 scope of application (1) this regulation with regard to the requirements of the degree of efficiency is the placing on the market of equipment and boilers, which are fed with liquid or gaseous fuels and their rated power equal to or greater than 4 kW and equal to or less than 400 kW.
(2) do not fall under this Regulation: 1. boilers which fed with different fuels including solid fuels, can be.
2. installations for the exclusive hot water;
3. boiler, that are designed for feeding fuel, whose properties differ substantially from the conventional liquid and gaseous fuels (industrial residual gas, biogas, etc.);
4. cookers and appliances designed mainly to heat the room in which they are installed, but also hot water for central heating and purpose supply;
5. devices with a nominal capacity of less than 6 kW for the supply of hot water storage tank system with gravity circulation;
6 individually produced boilers.

Article 2 definitions of terms in this regulation are 1 boiler the boiler and burner heat generator which is used to transfer heat to the water released by the combustion;
2. boiler types of the standard boiler (No. 8), the low-temperature boiler (No. 9) and the condensing boiler (No. 10);
3. to upgrade with a burner boiler and of the equipment of a boiler burner; certain devices
4. output the specified by the manufacturer and in continuous operation in accordance with the degree of efficiency indicated by the manufacturer as a feasible guaranteed largest thermal capacity in kW;
5. efficiency of the ratio between the heat to the boiler water and the product of the lower heating value (at constant pressure) of fuel and the per unit of time consumed fuel quantity in per cent.
6 load the ratio between the net power of intermittent or one with a capacity below the nominal power of driven boiler and the nominal power in per cent.
7 medium boiler temperature average water temperatures at the entrance and exit of the boiler;
8 standard boilers a boiler, where the average operating temperature may; be limited through its interpretation
9 low-temperature boilers a boiler can be operated continuously with an inlet temperature of 35-40 degrees C and in may; in certain circumstances to the condensation of water vapor contained in the exhaust gases
10 condensing boilers a boiler which is designed for the condensation of a large part of the water vapour contained in the exhaust gases.

§ 3 efficiency requirements (1) Boilers must meet the efficiency requirements of the various boiler types of annex 1. Devices must be designed so that boilers, which are assembled from them, can meet the requirements pursuant to sentence 1.
(2) the requirements is considered to be fulfilled if the boilers and appliances comply with harmonized standards, which were drawn up on behalf of the Commission of the European communities in relation to the requirements of Directive 92/42/EEC of the Council, as far as the reference numbers of the standards in the official journal of the European communities and the reference numbers of the national standards be set to them in the Federal Gazette are published.
(3) in the case of boilers with double function - space heating and domestic hot water - efficiency requirements concern the heating function only.

§ 4 conditions for the placing on the market (1) boilers and devices may be brought only in the traffic, if equipped with the CE marking according to § 5 para 1 and 2 and an EC declaration of conformity in German language is included with them, confirmed by the manufacturer or his authorised representative established in a Member State of the European Union or another Contracting State to the agreement on the European economic area , that 1 the requirements of § 3 para 1 sentence 1 and the devices the boilers meet the requirements according to section 3, subsection 1, sentence 2, 2. the standard manufactured boilers or the device with the audited construction pattern is the same for the certified an approved body for implementing an EC type-examination (module B) referred to in annex III to Directive 92/42/EEC of the Council, that the design of the boiler the requirements of § 3 para 1 sentence 1 and the construction of the unit requirements section 3 para 1 sentence 2 corresponds to and 3. the procedure referred to in annex IV module C, D or E of Directive 92/42/EEC of the Council, with gas-fired boilers and burners also the EC examination referred to in annex II No. 5 of Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States for appliances burning gaseous fuels (OJ EC No. L 196 p. 15) (gas consumption equipment directive), as amended by article 10 of the Directive 93/68/EEC of the Council of 22 July 1993 (OJ EC No. L 220, p. 1), has been held.
In the devices attached EC declaration of conformity must imposed parameters, according to which the boilers, which are assembled from the equipment can meet the requirements of § 3 para 1 sentence 2.
(2) boiler, at their Assembly, a device is used which is provided with a CE mark according to this regulation, may be placed only in the traffic, if they are provided with the CE-marking according to § 5 para 1 and 2 and if an EC declaration of conformity in German language is included with the boiler, confirmed by the manufacturer or his authorised representative established in a Member State of the European Union or another Contracting State to the agreement on the European economic area , that 1 the mass-produced boiler according to the parameters set 2 has been built together referred to in paragraph 1 and 2 the process module C, D or E of Directive 92/42/EEC for gas-fired boilers also the EC examination was maintained after annex IV annex II No. 5 of Directive 90/396/EEC (gas consumption equipment directive). While testing working in the framework of the module C has to check the boiler removed from current production on the compliance with the requirements of point 1 of monitoring and certification authority.
(3) that attached EC declaration of conformity to the boilers the boilers type lump. the boilers attached EC declaration of conformity must be from the boiler type of to be manufactured this boiler.

§ CE marking (1) that is required CE marking according to § 4 par. 1 and 2 visibly, legibly and indelibly on the boilers and equipment to install 5.
(2) the CE marking consists of the initials 'CE' in annex 3 may no. 1 (3) on the boilers and no other marks, signs or indications are attached devices, which can be confused with regard to the meaning or the lettering with the CE marking. Any other marking may be affixed to the boiler or the device when it does not affect the visibility and legibility of the CE marking.
(4) constitutes boilers and equipment the scope of application of other legal provisions that stipulate the CE marking, is the CE marking under this regulation the conformity of the boiler and equipment with the provisions of other legislation confirmed. The choice of the applicable rules is free after one or more of these rules during a transitional period the manufacturer, only the conformity with the provisions of the legislation applied by the manufacturer will be shown by the CE mark. In this case, the numbers of acts of the European communities, which underlie the legislation applied by the manufacturer, must be listed according to their publication in the official journal of the European communities in the documents, notes or instructions accompanying the boilers or appliances.
(5) are boilers or equipment unauthorized equipped with the CE marking has been, the authority competent under national law or by the State Government can prohibit the placing on the market of these products and validate or eliminate can be CE labelled. The same applies if boilers and devices with a number plate are covered, which can be confused with the CE marking. The rest are the paragraphs 24 to 31 of the product safety Act apply.

§ 6 (dropped out) - § 7 inspection, monitoring, and certification authorities (1) that national law competent or certain of the provincial government recognition authority may on written request a person, place, or monitoring community as 1 testing for type examination according to module B, 2. monitoring point for confirmations to module C, D and E, 3 CA certificates according to module C, D and E recognize if you or when their employees according to their training , Expert knowledge, personal reliability, their impartiality and their services that offer a guarantee, that these tasks are carried out properly and they have the resources that are required and the reasonable fulfillment of the technical and administrative tasks associated with the tests have demonstrated a sufficient liability insurance. The existence of a liability insurance policy can be demonstrated by a professional liability insurance policy. The awards also apply in other countries.
(2) testing, monitoring and certification authorities that have been recognised by another Member State of the European Union or another Contracting State to the agreement on the European economic area, the bodies recognised pursuant to paragraph 1 are equal according to this recognition.
(3) sections 3 to 12 of the CPD PÜZ recognition regulation of 6 June 1996 (Federal Law Gazette I p. 798) shall be applied accordingly.

§ 8 rude are misdemeanors in the sense of article 8 paragraph 1 of the construction product law, who intentionally or negligently brings a boiler or a device on the market contrary to § 4 para 1 sentence 1 or paragraph 2.

Annex 1 efficiency requirements (site of the original text: Federal Law Gazette I 1998, 801) boiler type power intervals efficiency at rated output efficiency at part load average boiler temperature (in degrees C) formula of efficiency requirement medium boiler temperature (in degrees C) formula of efficiency requirement kW (in %)
 
(in %)
Standardheizkessel 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 boilers 4 to 400 70 > = 91 + 1 logPn 30 +) > = 97 + 1 logPn *) including condensing boilers for liquid fuels ++) boiler inlet temperature (temperature) Annex 2 (dropped out) - Annex 3 (site of the original text: Federal Law Gazette I 1998, 801; regarding the details of the changes cf. footnote) 1 CE conformity marking the CE conformity marking consists of the initials 'CE' taking the following form : (unrepresentable figure (grid), site: Federal Law Gazette I 1998, 801) reduction or enlargement of the CE marking, the proportions resulting from the above grid must be respected. The various components of the CE marking must be approximately equal; the minimum height is 5 mm. In addition to the CE marking are the last two digits of the year in which the CE marking was affixed, to install.
2. (disappeared)