Identification Of The Documentation To Be Submitted With The Application Of Prior Consent For Installing Elevators Incases Not Possible To Achieve The Required Clearances Or Dirifugio Volumes Beyond The Extreme Positions Of The Cabin. (15 ...

Original Language Title: Individuazione della documentazione da presentare ai finidell'accordo preventivo per l'installazione di ascensori nei casi incui non e' possibile realizzare i prescritti spazi liberi o volumi dirifugio oltre le posizioni estreme della cabina. (15...

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The MINISTER of ECONOMIC DEVELOPMENT having regard to Directive 95/16/EC of the European Parliament and of the Council of June 29, 1995 on the approximation of the laws of the Member States relating to lifts; Having regard to the Decree of the President of the Republic April 30, 1999, # 162 on the regulation laying down rules for the implementation of Directive 95/16/EC on lifts; Having regard to Directive 2006/42/EC of the European Parliament and of the Council of May 17, 2006, on machinery, and amending Directive 95/16/EC; Having regard to the Decree of the President of the Republic October 5, 2010, # 214, amending the Decree of the President of the Republic No. 162 of 1999; Having regard to the Decree of the President of the Republic January 19, 2015, # 8, concerning regulation amending Decree of the President of the Republic No. 162 of 1999, enacted to close the infringement procedure 2011/4064 for the purpose of the correct application of Directive 95/16/EC on lifts and simplification of procedures for granting authorization for lifts and elevators as well as its operating licence; Seen, in particular art. 1, comma 1, letter d), of the President's Decree # 8 of 2015, introducing in Decree of the President of the Republic No. 162 of the 1999 art. 17-bis with specifications and simplifications with respect to the method of implementation of prior consent must, in accordance with point 2.2 of annex I to the Decree of the President of the Republic No. 162 of 1999 and subsequent amendments, in exceptional cases where the installation of elevators can not fulfill prescribed spaces or volumes refuge beyond the extreme positions of the cabin; See also art. 1, paragraph 2, of the Decree of the President of the Republic # 8 of 2015, which envisages the adoption of a decree of the Minister of economic development, non-regulatory in nature, in order to establish the documents to be submitted, depending on the circumstances, the notified body or the competent offices of the Ministry of economic development, within the meaning of article. 17-bis of Decree of the President of the Republic No. 162 of 1999;
Decrees: Art. 1 documentation to be submitted for the purposes of prior agreement 1. In annex 1 to the present Decree is indicated with the preliminary considerations useful to better define its content and purpose, in section I, the documentation to be submitted by the owner of the building and the system or its legal representative, to a body accredited in accordance with Regulation (EC) no 765/2008 and notified in accordance with art. 9 of the Decree of the President of the Republic April 30, 1999, n. 162, for certification purposes under art. 17-bis, paragraph 1, of the Decree of the President of the Republic April 30, 1999, n. 162, as amended. 2. The certification referred to in paragraph 1 must certify, for installations in existing buildings, the existence of circumstances which necessitate the use of the exemption under point 2.2. of annex I to the Decree of the President of the Republic No. 162 of 1999 and subsequent amendments and, in any case, the suitability of alternative solutions that are used to prevent the risk of crushing. 3. In annex 2 to this Decree and established the pattern of communication under art. 17-bis, comma 1, letter a), of the Decree of the President of the Republic No. 162 of 1999, as amended, to be forwarded by certified mail to the Ministry of economic development, together with the certificate referred to in paragraph 1, for the purpose of prior consent referred to in point 2.2 of annex I to the Decree of the President of the Republic No. 162 of 1999 and subsequent modifications to the installation of elevators in derogation in existing buildings. The receipt of its certified e-mail message takes place of the measure expressed by prior agreement. For the purposes of verification of the correctness and completeness of communication and relevant certification shall apply the principles of art. 19, paragraphs 3 and 4, law August 7, 1990, n. 241, as amended. 4. In annex 1 to the present Decree is indicated with the preliminary considerations useful to better define its content and purpose, in section II, the documentation to be submitted by the owner of the building and the system or its legal representative, the Ministry of economic development, together with the certificate referred to in paragraph 1, for the purposes of prior consent under art. 17-bis, paragraph 1, point b), of the Decree of the President of the Republic April 30, 1999, # 162, as amended. 5. Annex 3 to this Decree and established the model for instance under art. 17-bis, paragraph 1, point b), of the Decree of the President of the Republic April 30, 1999, # 162, as amended, to be forwarded by certified mail to the Ministry of economic development, together with the certificate referred to in paragraph 1 of this article and the additional documentation pursuant to subsection 4, in order to obtain the prior consent expressed by that point 2.2 of annex I to the Decree of the President of the Republic No. 162 of 1999 and subsequent modifications to install elevators notwithstanding in new buildings.