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Parliament Act No. 10 Of 3 June 2015 Gas Installations, Gas Equipment And To Approval

Original Language Title: Inatsisartutlov nr. 10 af 3. juni 2015 om gasanlæg, gasmateriel og krav om autorisation

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Parliament Act no. 10 of 3 June 2015 gas installations, gas equipment and to approval

Modified repeals, hovedlov replaces information

Chapter 1 Scope


§ 1. This Act applies to:

1) Gas plant and gas facilities, extensive distribution facilities, installations and gas equipment using flammable gases. Gas installations counted from connecting to the utility, gas bottle or gas tank and includes plug and husledninger and connected gas equipment, including appliances and their ventilation and exhaust systems.

2) All grades of fuel that is gaseous at 15 ° C and 1013.25 mbar.
PCS. 2. This Act shall not apply to gas installations and gas installations on board ships and gas systems for propulsion or heating of vehicles.

Chapter 2
Administration Act
§ 2. Greenland Elmyndighed, is responsible for administering the Act.
Paragraph 2. Greenland Elmyndighed must:

1) Follow the development of gas security.

2) Follow the gas technology development.

3) Establish and update rules, including gas regulations for Greenland, in pursuance of this Act.

4) Establish monitoring and control.

5) Undertake information on gas safety.

6) Keep control of the market for gas equipment.

7) Establish the authorization requirements for work on gas systems.

8) Establish training requirements for persons who oversees the gas plant.

9) Establish regulations for the control of new and existing gas installations and gas installations.
§ 3. Greenland Elmyndighed handle complaints.
PCS. 2. Decisions taken by the Greenland Elmyndighed may be appealed to the Government of Greenland.
Subsection. 3. The Government may establish rules on time limits for complaints and the complaints which may be appealed to the Government of Greenland.

Chapter 3
Gas Safety
§ 4. Greenland Elmyndighed sets rules on:

1) Construction and operation of gas installations, including transmission and distribution of gas.

2) Gas plant and gas equipment.

3) Gas quality used in Greenland.

4) Fees for obtaining authorization and for processing in accordance with the law.
PCS. 2. Greenland Elmyndighed may grant exemptions from the provisions set out under paragraph. 1.
PCS. 3. Greenland Elmyndighed may impose specific safety requirements that differ from those under paragraph. 1 provisions relating to gas safety, and require omsærlig labeling or special instructions regarding gas installations and gas equipment.
Subsection. 4. The Government must approve Greenland Elmyndigheds rules on gas safety issued under paragraph. 1 if the latter can result in significant social costs or significant change for larger populations using gas.

Chapter 4
Gas appliances
§ 5. Greenland Elmyndighed lays down rules for approval of gas appliances.

Subsection. 2. Gas equipment and gas appliances approved and CE-marked for the European Community Gasapparatdirektiv may be used in Greenland without approval from the Greenland Elmyndighed.
PCS. 3. Gas equipment and gas appliances that are not approved and CE-marked for the European Community Gasapparatdirektiv must be approved by the Greenland Elmyndighed.

Chapter 5
Control and supervision
§ 6. Greenland Elmyndighed performing control and supervision of construction, gas equipment and authorizations under this Act.
PCS. 2. Greenland Elmyndighed taking into account the authorization rules authorize public institutions and enterprises, private enterprises, utilities and individuals to perform monitoring and control.
PCS. 3. Greenland Elmyndighed may order an owner or user of a gas plant to undergo an inspection of the plant owner or user.

Subsection. 4. Greenland Elmyndighed sets inspection may see. Paragraph. 3 and for the correction of errors and defects in construction.
PCS. 5. Greenland Elmyndighed may prohibit the use of a gas plant that does not meet the provisions for gas safety.
PCS. 6. Greenland Elmyndighed possible supply to the installation, see. Paragraph. 5 switching or require that made interruption of the installation. A disruption occurs the owner's expense and risk.

Chapter 6

Authorization
§ 7. Gas plant and gas installations, deretableres as permanent installations with rigid pipes, may only be carried and serviced by companies and individuals who have obtained approval for carrying out gas installations, jf.§§ 10 - 11
§ 8. Greenland Elmyndighed establishes requirements for obtaining authorization to perform the gas installations.

Subsection. 2. Greenland Elmyndighed may require training of persons who have obtained personal authorization to carry out gas installations.
PCS. 3. Greenland Elmyndighed may establish rules for:

1) Qualifying training and try to personally authorized in the gas sector.

2) The organization of the administration of authorization schemes, including the procedure for application for authorization and conditions for approval.

3) The exercise of the company's authorization in the gas sector, including the use and design of quality instruction.
§ 9. Greenland Elmyndighed may lay reglerom exemptions from the authorization requirements of §§ 10 -11.

Chapter 7
Authorization Terms
§ 10. Company certification to perform gas installations granted by the Greenland Elmyndighed when evidence has been provided that the following conditions are met:

1) The company has personally authorized owner or employee. The person authorized must have the necessary managerial authority over the part of its employees, who work with gas installations.

2) The company owns or in which they operate as a company, the CEO, not within the previous three years is sentenced to criminal law sanctions for infringements of regulations under this Act.

3) The company has a permanent establishment in Greenland.
Subsection. 2. Companies or individuals without a permanent establishment in Greenland, which has a foreign authority to run gas installations, can obtain a limited license if it is documented that the foreign authority can be treated as authorized under this Act and rules adopted pursuant to this Act .
Subsection. 3. An authorization under subsection. 2, can be restricted:

1) Time.

2) For individual tasks.

3) For certain types of work.

4) Geographic.

5) Or a combination of the above.
§ 11. Personal authorized to perform gas installations granted by the Greenland Elmyndighed when evidence has been provided that the following conditions are met:

1) the applicant meets the requirements for obtaining the authorization provided by the Greenland Elmyndighed after § 8

2) The applicant is of legal age and not under guardianship.
§ 12. Greenland Elmyndighed may revoke a license if the company or holder of the certificate is:

1) Made guilty of gross or repeated negligence in performing authorization demanding work, or

2) Violated requirements and conditions for maintaining authorization pursuant. §§ 8-11.
§ 13. Greenland Elmyndighed may, upon application at any time issue new authorization for individuals and businesses that have been withdrawn your authorization, if it is deemed that the circumstances that led to the recall have been fixed.
§ 14. A company that has no business license and hired a person with personal authorization to carry out gas installations, or where the holder does not have personal authorization to carry out gas installations, or where a license has lapsed or withdrawn efter§ 13 shall not advertise or otherwise any action which is likely to arouse notion that such authorization is available.

Chapter 8
penalties
§ 15. There may be fined for it:

1) intentionally or through negligence perform installations in violation of §§ 7 - 8

2) perform installations despite the fact that an authorization is canceled or withdrawn in accordance with § 12

3) does not comply with an order pursuant to § 6 paragraph. 3 - 6.
PCS. 2. The regulations issued under § 4, paragraph. 1 no. 1 -3 and § 5, paragraph. 1, measures may be in the form of a fine under the provisions of the Criminal Code for Greenland.
PCS. 3. If the violation is committed by a public company, a private limited company, a cooperative, an association, a private foundation, a foundation or the like, the fine may be imposed on the legal person as such.
PCS. 4. If the violation is committed by self-government, the state, a municipality or a community, self-directed, state, municipality or local community imposed a fine.
PCS. 5. For violation of the provisions of this Act or regulations under this law, the case is settled without prosecution if the person who committed the offense, admits guilty and declares its readiness within a specified period the request may be extended to pay a fine, the amount shown in the broadcast payment slips. The rules of the Code of Civil Procedure § 437 of tiltale- erection apply mutatis mutandis.
PCS. 6. If the paragraph. 5 that fine adopted lapse further prosecutions.

PCS. 7. The limitation period for a fine 10 years.
PCS. 8. Fines imposed by this Act or regulations issued pursuant to this Act accrue to the Treasury.

Chapter 9
Commencement etc.
§ 16. This Act comes into force on 1 August 2015. The Act §§ 10-14 on the approval conditions shall, however, did not take effect. 1 January 2017.
PCS. 2. The existing administrative rules and regulations in this area remains into force until repealed or replaced by executive orders and regulations issued pursuant to the Parliament Act.

Greenland, the 3.juni 2015

Kim Kielsen