The Boiler (Efficiency) Regulations 1993 - Hemlo (Efficiency) Regulations 1993.pdf · (3) No person...

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[DET 6321]

S T A T U T O R Y I N S T R U M E N T S

1993 No. 3083

ENERGY CONSERVATION

The Boiler (Efficiency) Regulations 1993

Made - - - - 9th December 1993

Laid before Parliament 10th December 1993

Coming into force

except as to regulation 9 1st January 1994

as to regulation 9 1st January 1995

The Secretary of State, being a Minister designated(1) for the purposes of section 2 of the EuropeanCommunities Act 1972(2) in relation to measures relating to the efficiency requirements for new hotwater boilers fired with liquid or gaseous fuels, in exercise of the powers conferred by section 2(2) ofthat Act and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Boiler (Efficiency) Regulations 1993 and, except asrespects regulation 9, come into force on 1st January 1994; regulation 9 comes into force on 1stJanuary 1995.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires “appliance” means—(a) a boiler body designed to have a burner fitted, or(b) a burner designed to be fitted to a boiler body;“average temperature of the boiler water” means the average of the water temperatures at theentry and exit of the boiler;“boiler” means a hot water boiler comprising an assembly of a boiler body designed to have aburner fitted and a burner designed to be fitted to a boiler body which —(a) is designed to transmit the heat obtained from burning fuel to water,(b) is designed to be fired by liquid or gaseous fuels,

(1) S.I.1989/2393.(2) 1972 c. 68.

http://www.legislation.gov.uk/id/uksi/1989/2393

http://www.legislation.gov.uk/id/ukpga/1972/68

Document Generated: 2014-07-11Status: This is the original version (as it was originally made). Thisitem of legislation is currently only available in its original format.

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(c) has an effective rated output of not less than 4kW and not more than 400kW,(d) is designed to have an exit temperature for the water of less than 105oC;“the Community” means the European Economic Community;“the Directive” means Council Directive 92/42/EEC(3) concerning efficiency requirementsfor new hot water boilers fired with liquid or gaseous fuels;“EC mark”, except in relation to regulations 5(2)(d), 6(2)(d) and 7(1)(a)(ii), means a markconsisting of the symbol “CE” as described and shown in Schedule 1, and in those regulationsmeans a mark consisting of the symbol “CE”;“effective rated output” expressed in kW, means the maximum calorific output laid downand guaranteed by the manufacturer as being deliverable during continuous operation whilecomplying with the useful efficiency indicated by the manufacturer;“efficiency requirements” means—(a) in relation to a boiler, the useful efficiency requirements specified in Schedule 2 for a

boiler of that description; and(b) in relation to an appliance, the useful efficiency requirements specified in Schedule 2 for

a boiler of the description of which that appliance is designed to form part;“gas condensing boiler” means a gas fired boiler designed continuously to condense in normaloperation a large part of the water vapour contained in the combustion gases;“gas appliances Directive” means Council Directive 90/396/EEC(4) on the approximation ofthe laws of Member States relating to appliances burning gaseous fuels;“gaseous fuel” means any fuel which is a gas at a temperature of 15oC at a pressure of 1 barabsolute;“harmonised standard” means any standard drawn up under mandate from the Commission inaccordance with Directives 83/189/EEC(5) and 88/182/EEC(6) relevant for the purposes ofthe Directive and of the gas appliances Directive—(a) the reference number of which has been published in the Official Journal of the European

Communities; and(b) in respect of which a Member State has published the reference number of a relevant

national standard transposing the standard so drawn up;“low temperature boiler” means a boiler which can work continuously with a water supplytemperature of 35 to 40OC, possibly producing condensation in certain circumstances,including condensing boilers using liquid fuel;“notified body” means a body approved by the Secretary of State in accordance withregulation 8 to perform the functions of a notified body under these Regulations or by anotherMember State to perform the functions of a notified body under any legislation of that Stateimplementing the Directive;“part load”, expressed in percentage terms, means the ratio between the effective output ofa boiler operating intermittently or at an output lower than the effective rated output and thesame effective rated output;“standard boiler” means a boiler for which the average water temperature can be restrictedby design;

(3) O.J. No. L.167, 22.6.82, p17; the Directive is amended from 1st January 1995 by Council Directive 93/68 EEC O.J. No. L.220,30.8.93, p1 amending various Directives including the Directive.

(4) O.J. No. L. 196, 26.7.1990, p15; the Directive was implemented by virtue of S.I. 1992/711.(5) O.J. No. L.109, 26.4.1983, p8; Directive last amended by Decision 90/230/EEC (O.J. No. L 128, 18.5.1990, p15).(6) O.J. No. L81, 26.3.1988, p75.

http://www.legislation.gov.uk/european/directive/1992/0042





http://www.legislation.gov.uk/european/decision/1990/0230


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“supply” includes offering to supply, agreeing to supply, exposing for supply and possessingfor supply;“useful efficiency”, expressed in percentage terms, means the ratio between the heat outputtransmitted to the boiler water and the product of the net calorific value at constant fuel pressureand the consumption expressed as a quantity of fuel per unit time.

(2) Any word or expression used, but not defined, in these Regulations which is also used in theDirective has, in these Regulations, the meaning it has in the Directive.

(3) In these Regulations, unless the context otherwise requires—(a) any reference to a numbered regulation or Schedule is a reference to the regulation or

Schedule in these Regulations which bears that number, and(b) any reference in a regulation or Schedule to a numbered paragraph is a reference to the

paragraph which bears that number in that regulation or Schedule.(4) References in these Regulations to complying with or conforming to the requirements of these

Regulations, in relation to acts done within the territory of a Member State other than the UnitedKingdom, are references to complying with or conforming to the requirements of the legislation ofthat State implementing the Directive, or, if there is no such legislation, of the Directive.

Boilers and appliances to which the Regulations do not apply

3. These Regulations do not apply in respect of boilers and appliances specified in Schedule 3.

Supply of boilers

4. (1) Subject to the following provisions of these Regulations, no person shall supply or putinto service a new boiler which does not satisfy the efficiency requirements.

(2) A boiler with a dual function, that of heating premises and also providing sanitary hot water,satisfies the efficiency requirements if those requirements are satisfied in respect of its heatingfunction only.

Efficiency requirements for boilers

5. (1) Subject to the following provisions of these Regulations and without prejudice to othermethods of satisfying the efficiency requirements, a boiler is deemed to satisfy the efficiencyrequirements if—

(a) it complies with any relevant harmonised standard for boilers; and(b) it bears the EC mark affixed in a visible, easily legible and indelible manner and is

accompanied by an EC declaration of conformity.(2) An EC declaration of conformity, in relation to a series produced boiler, is a declaration by

the manufacturer or his authorised representative established in the Community which —(a) attests to the conformity of the boiler to the requirements of these Regulations,(b) certifies that the boiler is of a type which has been examined and certified by a notified

body in accordance with the procedures specified in Schedule 4,(c) declares that the manufacturer or such a representative has, in accordance with the

requirements specified in Part I, II or III of Schedule 5, ensured that the boiler conformsto that type, and

(d) where the boiler is also subject to one or more Community Directives (other than theDirective) which provide for the affixing of an EC mark and allow the manufacturer duringa transitional period to choose which arrangements to apply, specifies in respect of whichof those Directives the EC mark, if affixed during that period, indicates conformity.


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(3) No person shall issue an EC declaration of conformity in respect of a boiler unless theefficiency requirements are satisfied in respect of that boiler.

(4) The verification methods for production and measurement of boilers shall be those providedfor in the harmonised standards.

(5) The procedures for assessing the conformity of the efficiency of boilers burning gaseous fuelswith the efficiency requirements are those used to assess the conformity of such boilers with theessential requirements specified in Schedule 3 to the Gas Appliances (Safety) Regulations 1992(7).

(6) Before 1st January 1995, paragraph (2) shall have effect as if sub-paragraph (d) were omitted.

Supply of appliances

6. (1) No person shall supply or put into service a new appliance unless it —(a) bears the EC mark affixed in a visible, easily legible and indelible manner; and(b) is accompanied by an EC declaration of conformity.

(2) An EC declaration of conformity, in relation to an appliance—(a) attests to the conformity of the appliance to the requirements of these Regulations,(b) defines the parameters for assembly and use of the appliance which will enable a boiler of

which the appliance forms part, in service, to satisfy the efficiency requirements,(c) certifies that after assembly the resulting boiler will satisfy the efficiency requirements,

whether by compliance with the procedures in Schedule 4 and the requirements of Part I,II or III of Schedule 5 or otherwise, and

(d) where the appliance is also subject to one or more Community Directives (other than theDirective) which provide for the affixing of an EC mark and allows the manufacturerduring a transitional period to choose which arrangements to apply, specifies in respect ofwhich of those Directives the EC mark, if affixed during that period, indicates conformity

(3) No person shall give an EC declaration of conformity in respect of an appliance unless, afterassembly, the resulting boiler will satisfy the efficiency requirements.

(4) Before 1st January 1995, paragraph (2) shall have effect as if sub-paragraph (d) were omitted.

The EC mark

7. (1) No person shall affix or cause to be affixed to a boiler or appliance —(a) an EC mark, where the boiler or appliance does not comply with

(i) the efficiency requirements, or(ii) any applicable provision of any other Community Directive concerning other aspects

which provides for the affixing of an EC mark and to which the boiler or applianceis subject, or

(b) any marking likely to deceive a third party as to the meaning and form of the EC mark, or(c) any marking which reduces the visibility and legibility of the EC mark.

(2) Before 1st January 1995, paragraph (1) shall have effect as if for sub-paragraph (b) there weresubstituted: “(b) any mark, sign or indication reasonably likely to be confused with the EC mark,”and as if in sub-paragraph (a)

(i) the word “and” and sub-paragraph (a)(ii) were omitted.

(7) S.I. 1992/711.



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Notified bodies

8. (1) The Secretary of State may approve a body which meets the requirements in Part I ofSchedule 6 to perform the functions conferred on notified bodies by these Regulations, and shallnotify the name of any body so approved to the Commission of the European Communities and toother Member States.

(2) Any such approval—(a) may be given for an unlimited period or for a specified period; and(b) shall be given subject to conditions which meet the requirements in Part II of Schedule 6,

and the Secretary of State shall withdraw an approval if the body ceases to satisfy orcomply with such a condition or ceases to satisfy the criteria in Schedule 6.

(3) A notified body may require a fee to be paid by the manufacturer or his authorisedrepresentative in connection with the performance by that body of any function under theseRegulations, and in any case the fee shall not exceed the sum of —

(a) the costs of the notified body in connection with the functions carried out or to be carriedout by the body under these Regulations; and

(b) an amount on account of profit which is reasonable in the circumstances having regardto —

(i) the nature and extent of the work done or to be done by the notified body inconnection with the performance of that function; and

(ii) the commercial rate normally charged in respect of profit for that work or similarwork.

(4) A body which satisfies the criteria laid down in the corresponding harmonised standards shallbe deemed to comply with the criteria specified in Schedule 6.

Failure to comply with Regulations: powers of notified bodies

9. (1) Where during or after the carrying out of any function under Schedule 4 or 5 the notifiedbody is satisfied that the EC mark has been wrongly affixed to a boiler or appliance, it shall givenotice in writing of that fact to the manufacturer or his authorised representative established withinthe Community.

(2) The notice referred to in paragraph (1) shall—(a) specify the description of boiler or appliance to which the notice relates, and(b) give details of the failure to comply with the requirements of these Regulations.

(3) The notice referred to in paragraph (1) shall require the person to whom it is addressed —(a) to secure that any boiler or appliance to which the notice relates is altered so that it complies

with the requirements of these Regulations, and(b) to take all appropriate steps to secure that no other such boiler or appliance is put into

service unless it complies with the requirements of these Regulations.(4) Where a notified body has served a notice referred to in paragraph (1), it may include within

the notice a statement that unless, within a specified period, steps are taken to ensure compliancewith the requirements of these Regulations of any appliance or boiler to which the notice relates —

(a) any EC type-examination certificate issued under Schedule 4,(b) any decision by a notified body that the requirements of Parts II and III of Schedule 5

are met, or(c) any approval of a quality system given in accordance with Parts II and III of Schedule 5,

will be suspended from the date specified in the notice.


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(5) A notice under this regulation shall give reasons for any decision conveyed in it.(6) Where a notice referred to in paragraph (1) has been given and any period referred to in that

notice has elapsed, no person shall supply a boiler or appliance of the description to which the noticerelates unless compliance with the requirements of these Regulations has been secured.

Optional marking of products to indicate energy performance

10. (1) The manufacturer of a boiler or his authorised representative may label a new boileras provided for in Schedule 7, and any such label shall be affixed in a visible, easily legible andindelible manner.

(2) No person shall affix or cause to be affixed to a boiler a label provided for in paragraph (1)except in accordance with the requirements of Schedule 7.

(3) No person shall affix or cause to be affixed to a boiler a label reasonably likely to be confusedwith a label provided for in paragraph (1).

Requirement to keep information about boilers etc

11. (1) The manufacturer of a boiler or appliance or his authorised representative shall for aperiod of 10 years from the last date of manufacture of that boiler or appliance keep at the disposalof the Secretary of State in respect of that boiler or appliance —

(a) the technical documents specified in paragraph 3 of Schedule 4 which accompanied hisapplication to a notified body;

(b) a copy of any EC type-examination certificate issued by a notified body in accordancewith Schedule 4, and any addition to such a certificate;

(c) a copy of any declaration of conformity given by a manufacturer in accordance with PartI of Schedule 5;

(d) a copy of any document concerning the quality system lodged with a notified body inaccordance with paragraph 6(1) or 10(1) of Schedule 5;

(e) a copy of any notification given to a notified body in accordance with paragraph 6(9) or11(7) of Schedule 5 informing that body of a proposed change in the quality system;

(f) a copy of any decision regarding a proposed change to the quality system notified bythe notified body to the manufacturer in accordance with paragraph 6(11) or 11(9) ofSchedule 5;

(g) a copy of any report of an audit carried out by the notified body in accordance withparagraph 7(3) or 12(3) of Schedule 5;

(h) a copy of any report of a visit or test provided by a notified body in accordance withparagraph 7(4) or 12(4) of Schedule 5.

(2) Where neither the manufacturer nor his authorised representative is established within theCommunity, the obligation to keep the documents referred to in paragraph (1)(a) is the responsibilityof the person who places the product on the market.

Enforcement

12. It shall be the duty of—(a) a weights and measures authority, in England,(b) a county council, in Wales,(c) an islands or regional council, in Scotland,


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(d) the Department of Economic Development in Northern Ireland, to enforce theseRegulations in their area.

Offences and penalties

13. (1) It shall be an offence triable summarily to contravene regulation 4(1), 5(3), 6(1) or (3),7(1)(a), (b) or (c), 9(6), 10(2) or (3) or 11(1).

(2) A person guilty of an offence under this regulation shall be liable on conviction, in the caseof a contravention of regulation 11(1), to a fine not exceeding level 3 on the standard scale andin Northern Ireland to a fine not exceeding £400, and, in the case of a contravention of any otherprovision specified in paragraph (1), to a fine not exceeding level 5 on the standard scale and inNorthern Ireland to a fine not exceeding £2000.

Defences.

14. (1) In any proceedings against any person for the offence of contravening regulation 4(1),6(1) or 9(6), it shall be a defence for that person to show that —

(a) he reasonably believed that the boiler or appliance would not be put into service in theCommunity; or

(b) at the time the boiler or appliance was supplied or put into service he neither knew or hadreasonable grounds for believing that the efficiency requirements were not satisfied by theboiler or appliance in question; or

(c) the terms on which the boiler or appliance was supplied or put into service indicated thatit was not supplied or to be supplied as new.

(2) Subject to paragraphs (3) to (5), in proceedings against a person for an offence underregulation 13 it shall be a defence for a person to show that he took all reasonable steps and exercisedall due diligence to avoid committing the offence.

(3) Where in any proceedings against any person for such an offence the defence provided byparagraph (2) involves an allegation that the commission of the offence was due —

(a) to the act or default of another; or(b) to reliance on information given by another, that person shall not, without leave of the

court, be entitled to rely on the defence unless, not less than seven clear days before thehearing of the proceedings, he has served a notice under paragraph (4) on the personbringing the proceedings.

(4) A person serving a notice under this paragraph shall give such information identifying orassisting in the identification of the person who is alleged to have committed the act or default orto have given the information as is in the possession of the person serving the notice at the timehe serves it.

(5) A person shall not be entitled to rely on the defence provided by paragraph (2) by reason ofhis reliance on information supplied by another, unless he shows that it was reasonable in all thecircumstances for him to have relied on the information, having regard in particular —

(a) to steps which he took, and those which might reasonably have been taken, for the purposeof verifying the information; and

(b) to whether he had any reason to disbelieve the information.

Liability of a person other than principal offender

15. (1) Where the commission by any person of an offence under regulation 13 is due to an actor default committed by some other person in the course of any business of that other person, the


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other person shall be guilty of the offence and may be proceeded against and punished by virtue ofthis paragraph whether or not proceedings are taken against the first-mentioned person.

(2) Where a body corporate is guilty of an offence under regulation 13 (including where it isso guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have beencommitted with the consent or connivance of, or to be attributable to any neglect on the part of,any director, manager, secretary or other similar officer of the body corporate or any person whowas purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of thatoffence and shall be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall applyin relation to the acts and defaults of a member in connection with his functions of management asif he were a director of the body corporate.

(4) In Scotland, where a partnership is guilty of an offence under regulation 13 (including whereit is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have beencommitted with the consent or connivance of, or to be attributable to any neglect on the part of, apartner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall beliable to be proceeded against and punished accordingly.

Transitional provisions

16. Nothing in these Regulations shall prevent the supply or putting into service before 1stJanuary 1998 of boilers or appliances which comply with national rules and schemes in force withinthe United Kingdom on 21st May 1992. John Selwyn Gummer 9th December 1993The Secretaryof State for the Environment


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SCHEDULE 1 Regulation 2(1)

SPECIMEN FORM OF EC MARK

1. (1) The conformity marking shall consist of the initials “CE” taking the following form:

and the last two figures of the year in which the mark was affixed.(2) If the EC mark is reduced or enlarged, the proportions given in the above graduated drawing

must be respected.(3) The various components of the EC mark must have substantially the same vertical dimension,

which may not be less than 5mm.

2. Before 1st January 1995, paragraph 1 shall have effect as if sub-paragraphs (2) and (3) wereomitted.

SCHEDULE 2 Regulation 2(1)

THE EFFICIENCY REQUIREMENTSBoilers must comply with the useful efficiency requirements set out in the Table below —

(a) at rated output, that is, operating at rated output Pn expressed in kW, at an average boiler-water temperature of 70°C, and

(b) at part load, that is, operating at 30% part load, at an average boiler-water temperaturewhich varies according to the type of the boiler.

Table

Typeofboiler

RangeofpoweroutputkW

Efficiency atrated output

Averageboiler-watertemperatureexpressedin °C

Efficiencyrequirementexpressedin %

Efficiency atpart load



Standardboilers

4 to400

70 ≥84 +2 logPn

≥50 ≥80 +3 logPn

* Including condensing boilers using liquid fuels.

** Temperature of boiler water supply.


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Typeofboiler

RangeofpoweroutputkW

Efficiency atrated output



Efficiency atpart load



Lowtemperatureboilers*

4 to400

70 ≥87.5+ 1.5log Pn

40 ≥87.5+ 1.5log Pn

Gascondensingboilers

4 to400

70 ≥91 +1 logPn

30** ≥97.1+ 1 logPn

* Including condensing boilers using liquid fuels.

** Temperature of boiler water supply.

SCHEDULE 3 Regulation 3

BOILERS AND APPLIANCES TO WHICH THESE REGULATIONS DO NOT APPLY

Part IDESCRIPTION OF BOILERS ETC.

1. A hot-water boiler which is capable of being fired by different fuels where one or more ofthose fuels is solid fuel.

2. Equipment for the instantaneous preparation of hot water.

3. A boiler designed to be fired by industrial waste gas, biogas or by any other fuel the propertiesof which differ appreciably from the properties of the liquid or gaseous fuels commonly marketed.

4. A cooker or other appliance which is designed mainly to heat the premises in which it isinstalled, and, as a subsidiary function, to supply hot water for central heating and sanitary hot water.

5. A device with an effective rated output of less than 6 kW which uses gravity circulation andis designed solely for the production of stored, sanitary hot water.

6. A boiler manufactured on a one-off basis.

7. A back boiler or boiler designed to be installed in the living space where—(a) the efficiency of such a boiler at effective rated output and at 30 per cent part load is equal

to or greater than the efficiency requirements for standard boilers minus 4 per cent;(b) in the case of a boiler designed to be installed in the living space, it bears on its casing the

explicit indication that it must be installed in a living space.

8. An appliance intended to form part of any product specified in paragraphs 1 to 7.

(1)(1)


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Part IIINTERPRETATION OF SCHEDULE 3

9. In Part I of this Schedule “back boiler” means a boiler designed to supply hot water for centralheating and to be installed in a fireplace recess as part of a back boiler/gas fire combination;

“boiler to be installed in the living space” means a boiler with an effective rate of output ofless than 37 kW which —(a) is designed to provide heat to that part of the living space in which it is installed by the

emission of heat from the casing,(b) has an open expansion chamber,(c) is capable of heating water using gravity circulation.

SCHEDULE 4 Regulation 5(2)(b), 6(2)(c)

EC TYPE-EXAMINATION

1. This Schedule describes that part of the procedure by which a notified body ascertains andattests that an example, representative of the production envisaged, meets the relevant provisionsof these Regulations.

2. (1) The application for EC type-examination shall be lodged by the manufacturer or hisauthorised representative established within the Community with a notified body of his choice.

(2) The application shall include—(a) the name and address of the manufacturer and, if the application is lodged by the authorised

representative, the name and address in addition,(b) a written declaration that the same application has not been lodged with any other notified

body,(c) the technical documents as described in paragraph 3.

(3) The applicant shall place at the disposal of the notified body an example representative ofthe production envisaged, hereinafter called 'type'.The notified body may request further examplesif needed for carrying out the test programme.

3. The technical documents shall enable the conformity of the product with the requirementsof these Regulations to be assessed.They shall, as far as is relevant for such assessment, cover thedesign, manufacture and operation of the product and contain as far as is relevant for assessment —

(a) a general type-description,(b) conceptual design and manufacturing drawings and diagrams of components, sub-

assemblies, circuits, etc.,(c) descriptions and explanations necessary for the understanding of the drawings and

diagrams and the operation of the product,(d) a list of the harmonised standards applied in full or in part, and descriptions of the solutions

adopted to meet the efficiency requirements where the harmonised standards have notbeen applied,

(e) results of design calculations made, examinations carried out, etc.,(f) test reports.

4. The notified body shall—


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(a) examine the technical documents, verify that the type has been manufactured in conformitywith those documents and identify the elements which have been designed in accordancewith the relevant provisions of the harmonised standards as well as the components whichhave been designed without applying the relevant provisions of those standards;

(b) perform or have performed the appropriate examinations and necessary tests to checkwhether, where the harmonised standards have not been applied, the solutions adopted bythe manufacturer meet the essential requirements;

(c) perform or have performed the appropriate examinations and necessary tests to checkwhether, where the manufacturer has chosen to apply the relevant standards, these haveactually been applied;

(d) agree with the applicant the location where the examinations and necessary tests are tobe carried out.

5. (1) Where the type meets the relevant provisions of these Regulations, the notified body shallissue an EC type-examination certificate to the applicant. The certificate shall contain the name andaddress of the manufacturer, the conclusion of the examination and necessary data for identificationof the approved type.

(2) A list of the relevant parts of the technical documents shall be annexed to the certificate anda copy kept by the notified body.

(3) If the manufacturer or his authorised representative established in the Community is refuseda type certificate, the notified body shall provide detailed reasons for such refusal.

(4) The notified body shall have in place a procedure for considering appeals against refusal of atype certificate given by it, and give details of that procedure to any person refused a type certificate.

6. The applicant shall inform the notified body which holds the technical documents concerningthe EC type-examination certificate of all modifications to the approved appliance which mustreceive additional approval where such changes may affect the conformity with the essentialrequirements or the prescribed conditions for use of the product.This additional approval shall begiven in the form of an addition to the original EC type-examination certificate.

7. Each notified body shall communicate to the other notified bodies the relevant informationconcerning the EC type-examination certificates and additions issued and withdrawn.

8. The other notified bodies may receive copies of the EC type-examination certificates and theiradditions.The Annexes to the certificates must be kept at the disposal of the other notified bodies.

SCHEDULE 5 Regulation 5(2)(c), 6(2)(c)

CONFORMITY TO TYPE AND QUALITY ASSURANCE

Part I

Conformity to type

1. (1) This Part of the Schedule describes that part of the procedure whereby the manufactureror his authorised representative established within the Community ensures and declares that theproducts concerned are in conformity with the type as described in the EC type-examinationcertificate and satisfy the requirements of these Regulations that apply to them.


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(2) The manufacturer or his authorised representative established in the Community shall affixthe EC mark to each product and draw up a written declaration of conformity.

(3) Before 1st January 1995 sub-paragraph (2) above shall have effect as if the words “or hisauthorised representative established in the Community”were omitted.

2. The manufacturer shall take all measures necessary to ensure that the manufacturing processassures the conformity of the manufactured appliances with the type as described in the EC type-examination certificate and with the efficiency requirements of these Regulations.

3. A notified body chosen by the manufacturer shall perform or have performed examinationsof the product at random intervals.A suitable sample of the finished products, taken on the spot bythe notified body, shall be examined and appropriate tests, defined in any applicable harmonisedstandard or equivalent tests, shall be carried out to check the conformity of the product with therequirements of these Regulations.In the event of one or more samples of the products examined notconforming, the notified body must take the appropriate measures.

Part II

Production quality assurance

4. (1) This Part of the Schedule describes the procedure whereby the manufacturer who satisfiesthe obligations of paragraph 5 of this Schedule ensures and declares that the products concernedare in conformity with the type as described in the EC type-examination certificate and satisfy therequirements of these Regulations.

(2) The manufacturer or his authorised representative established within the Community shallaffix the EC mark to each product and draw up a written declaration of conformity.

(3) The EC mark shall be accompanied by the identification number of the notified bodyresponsible for the checks referred to in paragraph 7.

(4) Before 1st January 1995—(a) sub-paragraph (2) shall have effect with the omission of the words “or his authorised

representative established within the Community”were omitted; and(b) sub-paragraph (3) shall have effect with the substitution for the word “number” of the

word “symbol”.

5. The manufacturer shall operate an approved quality system for production, final productinspection and testing as specified in paragraph 6. He shall be subject to the checks referred to inparagraph 7.

Quality system

6. (1) The manufacturer shall lodge an application for assessment of his quality system with anotified body of his choice, for the products concerned.

(2) The application shall include—(a) all relevant information for the product category envisaged,(b) the documents concerning the quality system,(c) the technical documents pertaining to the approved type and a copy of the EC type-

examination certificate.(3) The quality system shall ensure conformity of appliances with the type as described in the

EC type-examination certificate and with the requirements of these Regulations that apply to them.


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(4) All the elements, requirements and provisions adopted by the manufacturer shall bedocumented in a systematic and orderly manner in the form of written policies, procedures andinstructions.The quality system documents shall permit a consistent interpretation of the qualityprogrammes, plans, manuals and quality records.

(5) The quality system shall contain in particular an adequate description of —(a) the quality objectives and the organisational structure, responsibilities and powers of the

management with regard to appliance quality,(b) the manufacturing, quality control and quality assurance techniques, processes and

systematic actions that will be used,(c) the examinations and tests that will be carried out before, during and after manufacture,

and the frequency with which they will be carried out,(d) the quality records, such as inspection reports and test data, calibration data, qualification

reports of the personnel concerned, etc., and(e) the means of monitoring the achievement of the required product quality and the effective

operation of the quality system.(6) The notified body shall assess the quality system to determine whether it satisfies the

requirements referred to in sub-paragraphs (3) to (5) of this paragraph. It shall presume conformitywith those requirements in respect of quality systems that implement the relevant harmonisedstandard. The auditing team shall have at least one member with experience of assessing the relevantproduct technology. The assessment procedure shall include an inspection visit to the manufacturer’spremises.

(7) The decision shall be notified to the manufacturer. The notification shall contain theconclusions of the examination and the duly substantiated assessment decision.

(8) The manufacturer shall undertake to fulfil the obligations arising out of the quality system asapproved and maintain it at an adequate and efficient level.

(9) The manufacturer or his authorised representative shall keep the notified body that hasapproved the quality system informed of any proposed change in the quality system.

(10) The notified body shall assess the changes proposed and decide whether the altered qualitysystem will still satisfy the requirements referred to in sub-paragraph (3) to (5) of this paragraph orwhether reassessment is required. (11) The notified body shall notify the manufacturer of its decision.The notification shall contain the conclusions of the examination and the substantiated assessmentdecision.

Monitoring under the responsibility of the notified body

7. (1) The purpose of monitoring is to make sure that the manufacturer duly fulfils the obligationsarising out of the approved quality system.

(2) The manufacturer shall allow the notified body access for inspection purposes tothe manufacturing, inspection, testing and storage premises and provide it with all necessaryinformation, in particular —

(a) the quality system documents,(b) the quality records, such as inspection reports and test data, calibration data, qualification

reports of the personnel concerned, etc.(3) The notified body shall periodically carry out audits to ensure that the manufacturer maintains

and applies the quality system and provides an audit report to the manufacturer.(4) Additionally the notified body may pay unannounced visits to the manufacturer. During such

visits the notified body may carry out tests or have them carried out to verify that the quality system


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is functioning correctly; if necessary, the notified body must provide the manufacturer with a visitreport and, if a test has taken place, with a test report.

8. Each notified body shall give the other notified bodies the relevant information concerningthe quality system approvals issued and withdrawn.

Part III

Product quality assurance

9. (1) This Part of the Schedule describes the procedure whereby the manufacturer who satisfiesthe obligations of sub-paragraph (4) ensures and declares that the boilers and appliances are inconformity with the type as described in the EC type-examination certificate.

(2) The manufacturer or his authorised representative established within the Community shallaffix the EC mark to each boiler and appliance and draw up a written declaration of conformity.

(3) The EC mark shall be accompanied by the identification number of the notified bodyresponsible for the checks referred to in paragraph 12.

(4) The manufacturer shall operate an approved quality system for final boiler and applianceinspection and testing as specified in paragraph 10. He shall be subject to the checks referred to inparagraph 12.

(5) Before 1st January 1995—(a) sub-paragraph (2) shall have effect with the omission of the words “or his authorised

representative established in the Community”; and(b) sub-paragraph (3) shall have effect with the substitution for the word “number” of the

word “symbol”.

Quality system

10. (1) The manufacturer shall lodge an application with a notified body of his choice for theassessment of the quality system for his boilers and appliances.

(2) The application shall include—(a) all relevant information for the boiler or appliance category envisaged,(b) the quality system’s documentation,(c) the technical documents pertaining to the approved type and a copy of the EC type-

examination certificate.

11. (1) Under the quality system, each boiler or appliance shall be examined and appropriatetests as defined in the relevant harmonised standards or equivalent tests shall be carried out inorder to verify its conformity with the relevant requirements of these Regulations. All the elements,requirements and provisions adopted by the manufacturer shall be documented in a systematic andorderly manner in the form of written policies, procedures and instructions. This quality systemdocumentation shall enable the quality programmes, plans, manuals and records to be interpretedin a uniform manner.

(2) The quality system documentation shall in particular contain an adequate description of —(a) the quality objectives and the organisational structure, responsibilities and powers of the

management with regard to product quality,(b) the examination and tests that will be carried out after manufacture,(c) the means of monitoring the effective operation of the quality system,


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(d) quality records, such as inspection reports and test data, calibration data, qualificationreports of the personnel concerned, etc.

(3) The notified body shall assess the quality system to determine whether it satisfies therequirements specified in sub-paragraphs (1) and (2) of this paragraph. It shall presume conformitywith these requirements in respect of quality systems that implement the relevant harmonisedstandard.

(4) The auditing team shall have at least one member with experience of assessing the relevantproduct technology. The assessment procedure shall include an inspection visit to the manufacturer’spremises.

(5) The manufacturer shall be notified of the decision. The notification shall contain theconclusions of the examination and the substantiated assessment decision.

(6) The manufacturer shall undertake to fulfil the obligations arising out of the quality system asapproved and maintain it at an adequate and efficient level.

(7) The manufacturer or his authorised representative shall keep the notified body which hasapproved the quality system informed of any proposed change in the quality system.

(8) The notified body shall assess the changes proposed and decide whether the altered qualitysystem will still satisfy the requirements referred to in sub-paragraphs (1) and (2) of this paragraphor whether a reassessment is required.

(9) The notified body shall notify the manufacturer of its decision. The notification shall containthe conclusions of the examination and the substantiated assessment decision.

Monitoring under the responsibility of the notified body

12. (1) The purpose of monitoring is to make sure that the manufacturer duly fulfils theobligations arising out of the approved quality system.

(2) The manufacturer shall allow the notified body access for inspection purposes to theinspection, testing and storage premises and provide it with all necessary information, in particular —

(a) the quality system documentation,(b) the technical documents,(c) the quality records, such as inspection reports and test data, calibration data, qualification

reports of the personnel concerned, etc.(3) The notified body shall periodically carry out audits to ensure that the manufacturer maintains

and applies the quality system and shall provide an audit report to the manufacturer.(4) Additionally, the notified body may pay unannounced visits to the manufacturer. During such

visits the notified body may carry out tests or have them carried out to verify that the quality systemis functioning correctly; if necessary, the notified body must provide the manufacturer with a visitreport and, if a test has been carried out, with a test report.

(5) Each notified body shall forward to the other notified bodies the relevant informationconcerning the quality system approvals issued and withdrawn.


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NOTIFIED BODIES

Part I

Requirements for approval of a notified body

1. The body has at its disposal the necessary staff and possesses the necessary facilities to enableit to perform properly the administrative and technical tasks connected with verification.

2. The body has access to the equipment required for special verification.

3. The staff responsible for inspection have—(a) sound technical and professional training,(b) satisfactory knowledge of the requirements of the tests they carry out and adequate

experience of such tests,(c) the ability to draw up the certificates, records and reports required to authenticate the

performance of the tests.

Part II

Requirements to be imposed on notified bodies

4. The body, its director and the staff responsible for carrying out the verification test maynot be the designer, manufacturer, supplier or installer of appliances which they inspect, nor theauthorised representative of any of those parties. They may not become either involved directly or asauthorised representatives in the design, construction, marketing or maintenance of such boilers andappliances. This does not preclude the possibility of exchanges of technical information betweenthe manufacturer and the body.

5. The body and its staff shall carry out the verification tests with the highest degree ofprofessional integrity and technical competence and shall be free from all pressures and inducements,particularly financial, which might influence their judgement of the results of the inspection,especially from persons or groups of persons with an interest in the results of verifications.

6. The impartiality of inspection staff shall be guaranteed. Their remuneration shall not dependon the number of tests carried out or on the results of such tests.

7. The body shall take out liability insurance.

8. The staff of the body shall be required by the body to observe professional secrecy (except asrespects the Secretary of State or his authorised agent and any weights and measures authority) inrelation to information acquired by the staff in performance of functions under these Regulations.


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LABELLING INDICATING ENERGY PERFORMANCE

Part I1. If the efficiency of a boiler at rated output and its efficiency at part load are equal to or greater

than the relevant values for standard boilers, the boiler may be labelled with a single star as set outin Part II of this Schedule.

2. If the efficiency of a boiler at rated output and its efficiency at part load are three or morepoints higher than the relevant value for standard boilers, the boiler may be labelled with two starsas set out in Part III of this Schedule.

3. Every extra step of efficiency of three points at rated output and at part load will allow theattribution of an extra star as set out in Part III of this Schedule.

Part IIThe energy performance label awarded under

regulation 10 consists of the following symbol:


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Part IIIEfficiency requirements to be met both at nominal output and at part load 0.3 Pn

Label Efficiency requirement atnominal output Pn and atan average boiler-watertemperature of 70°C %

Efficiency requirement atpart load of 0.3 Pn and atan average boiler-watertemperature of ≥50°C %

* ≥84 + 2 log Pn ≥80 + 3 log Pn

** ≥87 + 2 log Pn ≥83 + 3 log Pn

*** ≥90 + 2 log Pn ≥86 + 3 log Pn

**** ≥93 + 2 log Pn ≥89 + 3 log Pn

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Council Directive 92/42/EEC (“the Directive”) concerning efficiencyrequirements for new hot water boilers fired with liquid or gaseous fuels and Council Directive93/68/EEC (“the amendment Directive”) amending the Directive. The Directive specifies standardsof energy efficiency which are to be met by boilers supplied within the European EconomicCommunity. The Directive also applies to appliances which when fitted together make boilers.Regulation 3 and Schedule 3 specify the boilers to which the Regulations do not apply (article 3.2of the Directive). Regulation 4 implements article 4.2 of the Directive and prohibits the supply orputting into service of new boilers which do not satisfy the “efficiency requirements” defined inregulation 2 of, and Schedule 2 to, the Regulations.Regulation 5 provides that a boiler is deemed to satisfy the efficiency requirements if it complieswith the “harmonised standards” (defined in regulation 2 of the Regulation)and also bears the EC mark and is accompanied by an EC declaration of conformity (article 7.1 ofthe Directive). Regulation 5 and Schedules 4 and 5 specify how boilers may be shown to qualifyfor the EC declaration of conformity (article 7.2 and Annexes III and IV of the Directive and article12(3) of the amendment Directive). It also provides that gas boilers are to be assessed in accordancewith the legislation implementing Directive 90/396/EEC (article 7.2 of the Directive). The relevantUK legislation is the Gas Appliances (Safety) Regulations 1992.Regulation 6 deals with the supply of appliances. For the purpose of the Regulations “appliance”means either a boiler body or a boiler burner designed to be assembled into a boiler (articles 2 and7.3 of the Directive and article 12.3 of the amendment Directive).Regulation 7 makes provision about the affixing of the EC mark. This implements article 7.4 of theDirective and article 12.4 of the amendment Directive.Regulation 8 and Schedule 6 make provision for the approval by the Secretary of State of notifiedbodies to perform functions in Schedule 5 to the Regulations. This implements article 8.1 and AnnexV of the Directive.





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Regulation 9 specifies the powers which notified bodies will have after 1st January 1995 in relationto a boiler or appliance in respect which there is a failure to comply with the Regulations (article12.5 of the amendment Directive).Regulation 10 and Schedule 7 reflect article 6 of the Directive. It provides for an optional systemunder which a manufacturer of a boiler may affix to it a label showing between one and four stars,reflecting the level of energy efficiency of that boiler.Regulation 11 requires manufacturers or their authorised representatives to keep certain informationavailable at the disposal of the Secretary of State for a period specified in the regulation (AnnexesIII and IV of the Directive).Regulation 12 provides for enforcement of the Regulations by weights and measures authorities, inEngland, county councils in Wales and island or regional councils in Scotland and the Departmentof Economic Development in Northern Ireland.Regulation 13 provides for the contravention of certain provisions of the Regulations to be an offenceand regulations 14 and 15 provide for other matters in connection with proceedings for such offences.Regulation 16 makes transitional provisions reflecting article 9 of the Directive.

The Boiler (Efficiency) Regulations 1993 - Hemlo (Efficiency) Regulations 1993.pdf · (3) No person...

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