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MINISTRY OF ECONOMIC DEVELOPMENT January 22, 2008 DECREE No 37

Regulation on the implementation of Article 11-quaterdecies, paragraph 13, lette
r a) of Law No 248, 2 December 2005 laying down provisions for the reorganizatio
n of activity 'to install equipment inside buildings. THE MINISTER OF ECONOMIC D
EVELOPMENT
agreement with
THE MINISTER OF ENVIRONMENT AND PROTECTION OF LAND AND SEA Having regard to Arti
cle 87, fifth paragraph, of the Constitution, reference to Article 11-quaterdeci
es, paragraph 13, letter a) of Decree-Law of 30 September 2005, no 203 into law,
with amendments, Article 1 of Law December 2, 2005, No 248 establishing measure
s to counter tax evasion and urgent provisions on tax and financial Having regar
d to Article 17, paragraph 3 of Law August 23, 1988, No 400; viewed items 8, 14
and 16 of Law 5 March 1990, No 46, laying down rules for the safety of facilitie
s; the Order of the President April 18, 1994, No 392, bearing the Rules regulati
ng the procedure for recognition of enterprises for installation, expansion and
transformation of plants meet the standards of safety to law January 5, 1996, No
25 on deferring required by legislative activity in the field of 'production an
d other urgent measures relating amended; the Order of the President December 14
, 1999, No 558, concerning the regulation on standards for the simplification of
rules concerning registration of companies, as well as 'the simplification of p
rocedures related to reporting of early activity' and for the inclusion of craft
enterprises or register firms for particular categories of activity 'subject to
verification of certain technical requirements, the Order of the President Apri
l 30, 1999, No 162, bearing the Regulation laying down rules for the implementat
ion of Directive 95/16/EC on lifts and simplification of procedures for granting
clearances for lifts and elevators, as well as 'of its operating license and it
s subsequent amendments; Visa' s Article one-quarter of Decree-Law May 12, 2006,
No 173 into law with amendments by Law 12 July 2006, No 228, concerning extensi
on of deadlines for enactment of a regulatory nature. Having regard to Article 3
, paragraph 1, of Decree-Law of 28 December 2006, no 300 (Extension of time allo
wed by law and other provisions), converted with amendments into law February 26
, 2007, No 17 Having heard the opinion of the State Council, the Consultative Se
ction for legislative, expressed in the meeting of May 7, 2007 General No 159/20
07; Given the communication to the President of the Council of Ministers, under
Article 17 of Law No 400 of 1998, performed with footnote 0018603-17.8.2 / 1, 16
November 2007;
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Adopt
the following rules:
Article 1. Scope 1. This Decree applies to facilities placed in service building
s, regardless of intended use, located within the same or related appliances. If
the plant and 'distribution networks connected to apply from the point of deliv
ery. 2. Facilities referred to in paragraph 1 shall be classified as follows: a)
production facilities, processing, transportation, distribution, use of electri
city, plant protection against lightning, well as' equipment for the automation
of doors, gates barriers and b) broadcast systems, antennas and electronic syste
ms in general, c) heating, air conditioning, cooling and refrigeration of any ki
nd or species, including the evacuation of combustion products and condensate, a
nd ventilation and aeration of the premises d) water and sanitation of any kind
or species; e) facilities for the distribution and use of gas of any type, inclu
ding the evacuation of combustion and ventilation and aeration Local f) lifting
equipment of persons or things by means of lifts, elevators, escalators and simi
lar g) fire protection systems. 3. The plant or plant components which are subje
ct to security requirements in the implementation of Community law, or of specif
ic legislation, are not covered for these aspects, the provisions of this decree
. Note: The notes published here were prepared by the responsible subject, under
Article 10, paragraph 3 of the Consolidated provisions on the promulgation of l
aws,€sull'emanazione decrees of the President of the Republic on official publi
cations of the Italian Republic, approved by Presidential Decree December 28, 19
85, No 1092, only to facilitate reading of the statutory provisions under which,
and 'made the referral. Remain unchanged, the value and effectiveness of legisl
ative acts are here transcribed. Introductory notes: - Article 87, fifth paragra
ph of the Constitution provides, inter alia, to the President the power to promu
lgate laws and issue decrees having the force of law and regulations. - Article
11-quaterdecies, paragraph 13, letter a) of Decree 30 September 2005, No 203, on
"Measures against tax evasion and urgent measures in taxation and financial mat
ters. (Published in the Official Gazette October 3, 2005, No 230) and converted
into law, with amendments, Article 1 of Law December 2, 2005, No 248 (2 December
2005 Official Journal No 281, SO), and 'the
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following: 13. Within twenty-four months from the date of entry into force of th
e law of conversion of this decree, the Minister of activity ', in agreement wit
h the Minister of Environment and the Environment, issue one or more' decrees, p
ursuant to Article Law 17 of August 23, 1988, No 400, to discipline: a) the reor
ganization of the provisions relating to activities' installation of indoor plan
ts; Article 17, paragraph 3 of Law August 23, 1988, No 400, on "Regulation of th
e activity 'of law and government of the Prime Minister." (Published in the Offi
cial Gazette September 12, 1988, No. 214, 5.0.), And' the following: "Article 17
(Regulations). - (1. - 2. Omissis). 3. A ministerial order may be adopted Regul
ations on matters of jurisdiction or authority of the Minister 'subordinate to t
he minister, when the law expressly confers that power. These regulations, for m
atters within the purview of more 'Ministers may be adopted by a ministerial dec
ree, notwithstanding the need' proper authorization by law. The ministerial regu
lations and ministerial rules dictate they can not conflict with those regulatio
ns made by the Government. They should be communicated to the President of the C
ouncil of Ministers prior to their enactment. The text of Articles 8, 14 and 16
of Law 5 March 1990, No 46 on "Standards for security equipment" (published in t
he Official Gazette March 12, 1990, 59), are as follows: "Article 8 (funding of
'technical standards). - 1. 3 percent contribution to the annual National Instit
ute for Insurance against Accidents at Work (INAIL) for this activity 'research
referred to in Article 3, third paragraph, of decree-law June 30, 1982, No 390,
ratified with amendments by Law 12 August 1982, No 597, and 'to the activity for
' technical standards referred to in Article 7 of this Act carried out by UNI an
d CEI. 2. The sum referred to in paragraph 1, calculated on the amount of contri
bution paid by INAIL in the previous year, and 'entered against Chapter 3030, th
e estimates of expenditure of the Ministry of Industry, Commerce and 'crafts for
1990 and pay the corresponding projections of the chapter for the following yea
rs.. " 'Art 14 (verification). - 1. To run the tests, where required, and to det
ermine compliance 'facility with the provisions of this Act and the applicable l
egislation, municipalities, units' local health controls provincial fire brigade
and the Higher Institute for the Prevention and job security (ISS) have the pow
er 'to secure the cooperation of professionals, within their competence, under A
rticle 6, paragraph 1, according to the conditions' set by the implementing regu
lation of Article 15. 2. The test certificate must be issued within three months
after submission of the request.. " 'Art 16 (Sanctions). - 1. Breach of the pro
visions of Article 10 follows, in charge of the client or owner in the manner '
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provided by the implementing regulation of Article 15, an administrative penalty
 of one hundred thousand pounds to five hundred thousand pounds. Violation of ot
her provisions of this law follows in the manner 'provided that the implementing
regulation, an administrative penalty of one million pounds to ten million poun
ds. 2. The implementing regulation of Article 15 shall determine the methods' su
spension from the register of companies or from the register referred to in Arti
cle 2, paragraph 1, and disciplinary action against members of professionals in
their respective registers,€after the third violation of the rules relating to
plant safety, as well as 'upgrades of the entity' administrative sanctions refer
red to in paragraph 1.. " The Presidential Decree of 18 April 1994, No 392, "Rul
es regulating the procedure for recognition of enterprises for installation, exp
ansion and transformation of plants meet the safety standards. 'And' published i
n the Official Gazette June 18, 1994, No 141, Ordinary Supplement. The law Janua
ry 5, 1996, No 25 on 'Postponement of the deadline foreseen by the laws in the f
ield of activity' production and other urgent measures in this area. 'And' publi
shed in the Official Journal of 20 January 1996, No 16. The decree of the Presid
ent December 14, 1999, No 558, concerning Regulations providing for the simplifi
cation of rules concerning registration of companies, as well as 'the simplifica
tion of procedures related to reporting of early activity' and for the inclusion
of craft enterprises or register firms for particular categories of activity 's
ubject to verification of certain technical requirements (numbers 94-97-98 Annex
1 of the Act. March 15, 1997, 59). and 'published in the Official Gazette Novem
ber 21, 2000, No 272. The decree of the President April 30, 1999, No 162 laying
Regulations providing for the implementation of Directive 95/16/EC on lifts and
simplification of procedures for granting clearances for lifts and elevators, as
well as' of its operating license. 'And' published in Official Gazette June 10,
1999, No 134. The text of Article 1 of Decree-Law-quarter May 12, 2006, No 173
(published in the Official Gazette May 13, 2006, No 110) into law July 12, 2006,
No 228, on "Extension of deadline for enactment of a regulatory nature. Further
extensions to the exercise of delegated legislative and education. "(Published
in the Official Gazette July 12, 2006, No 160), and 'the following: 1-c. (Extens
ion of time limit on housing stock). - 1. The period provided for in Article 5-b
is, paragraph 2, of Decree-Law May 27, 2005, No 86 with amendments by Law 26 Jul
y 2005, No 148 and 'extended-quaterdecies application of Article 11, paragraph 1
3 of Decree-Law of 30 September 2005, no 203, ratified with amendments by Law De
cember 2, 2005, No 248 and no later than 1 January 2007. - Article 3, paragraph
1, of Decree-Law
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December 28, 2006, No 300 (published in the Official Gazette December 28, 2006,
No. 300), converted with amendments into law February 26, 2007, No 17, on "Exten
sion of time allowed by law. Provisions enabling legislation. "(Published in the
Official Gazette February 26, 2007, No. 47, Ordinary Supplement), and 'the foll
owing:" Article 3. (Provisions relating to buildings, infrastructure works and w
orks in construction). - 1. The period referred to in Article 1-quater, paragrap
h 1, of Decree-Law May 12, 2006, No 173, ratified with amendments by Law 12 July
2006, No 228 and 'extended until the date of entry into force of the Regulation
laying down rules on the safety of plants, of which Article 11-quaterdecies, pa
ragraph 13, letter a) of Decree-Law of 30 September 2005, no 203, ratified with
amendments by Law December 2, 2005, No 248 and in any event no later than Decemb
er 31, 2007. From the date of entry into force of regulation in the first senten
ce of this paragraph shall be repealed with the Rules of the Decree of President
of Republic December 6, 1991, No 447, Articles 107 to 121 of the single text of
the Decree of President of the Republic 6 June 2001, No 380, and the Law 5 Marc
h 1990, No 46, with the exception of Articles 8, 14 and 16, which are used in me
asuring doubled penalties for breaches of obligations under the same regulation
in the first sentence of this paragraph. Item 2. Definitions for facilities 1. F
or the purposes of this Decree: a) point of delivery: the point at which the sup
plier or distributor makes available to the user electricity, natural gas or oth
er, water or stock placing the fuel in storage located, including loan, from the
 user, b) power draw: the greater of the power under contract to any supplier of
energy, and rated the overall facilities of self that may be installed; c) tech
nical department: structures formed by human and material resources in charge of
plant engineering,€the realization of the plants and their maintenance company
whose leaders possess the technical and professional requirements of Article 4
d) Routine maintenance: actions taken to contain the deterioration of normal use
, and 'to cope with accidental events that involve the necessity 'of early inter
ventions, which may not change the structure of the plant on which it operates o
r its intended use in accordance with regulatory requirements and applicable tec
hnical manual from the manufacturer's handbook, e) plants production, processing
, transmission, distribution, use of electricity: the power circuits of applianc
es and plug sockets with the exception of electrical equipment of machines, tool
s, electrical appliances in general. As part of electrical equipment also includ
es those self energy up to 20 kW nominal installations for the automation of doo
rs, gates and barriers, as well as' those places outside of buildings if they ar
e connected, even functionally , buildings;
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f) broadcasting and electronic systems: the plant components required for transm
ission and reception of signals and data, relating to safety equipment, permanen
tly installed powered voltage below 50 V AC and 120 V DC, while components power
ed higher voltage, as well as' systems of surge protection should be considered
belonging to the electric, for the authorization, installation and expansion of
telephone systems and telecommunications domestic related to the public network,
you apply the existing specific legislation, g) facilities for the distribution
and utilization of gas: the set of pipes, tanks and accessories from the point
of delivery of gas in liquid form, to the appliances, the 'installation and conn
ections therewith, the predispositions for the construction and mechanical venti
lation and ventilation of the premises where the equipment must be installed, co
nstruction and mechanical predispositions for discharge of combustion products o
utside h) plant Fire Protection: fuel systems with hydrants, automatic terminati
on of automatic and manual as well as' gas detection equipment, smoke and fire,
i) CEI: Italian Electrotechnical Committee;. l) UNI: Italian Organization for St
andardization. Article 3. Qualified firms 1. The companies listed in the registe
r of companies in the Decree of the President December 7, 1995, No 581, as amend
ed, the following register of companies or the provincial of small businesses co
vered by the Act Aug. 8, 1985, No 443, the following register of small businesse
s, are authorized to perform the activities 'in Article 1, when the sole proprie
tor or legal representative or the technical manager in charge by them with a fo
rmal act, and' meeting the requirements Professional referred to in Article 4. 2
. The technical supervisor under paragraph 1 performs this function for a single
company and the qualification and 'any other activities incompatible with' cont
inuous. 3. The companies intend to practice 'for installations in Article 1 shal
l make declaration of logins', under Article 19 of Law August 7, 1990, No 241 an
d subsequent amendments, pointing specifically to what point and as the voice of
those listed in that article 1, paragraph 2, to be engaged 'and I also state',
the possession of technical and professional requirements of Article 4 required
for work to be carried. 4. The small businesses have the declaration referred to
in paragraph 3, together with the application of enrollment of small businesses
to verify the possession of the prescribed technical requirements and the subse
quent recognition of professional qualifications craft. The other companies made
the declaration referred to in paragraph 3 together with the application form,
at the office of the register. 5. Business is not installed, which have offices
technicians are authorized to install, modify, extend and maintain facilities, r
elated only to their internal structures and limits the type of work for which t
he person is eligible in Article 4. 6. The firms referred to in paragraphs 1, 3,
4 and 5, which were
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recognized professional and technical requirements, are entitled to a certificat
e of approval in accordance with designs approved by decree of the Minister of I
ndustry and Trade of 11 June 1992.€And the certificate 'issued by the competent
provincial committees for the craft, the Law of August 8, 1985, No 443, as amen
ded, or by the relevant chambers of commerce, of Law December 29, 1993, No 580,
as amended. Article 3 Notes: The decree of the President December 7, 1995, No 58
1, on "Rules for implementing Article 8 of Law 29 December 1993, No 580, on the
establishment of the register of firms covered by Article 2188 of the Civil Code
. 'And' published in the Official Journal of 3 February 1996, No 28, Ordinary Su
pplement. The law August 8, 1985, No 443, on "Law Framework for the craft 'and'
published in the Official Gazette August 24, 1985, No 199. The text of Article l
9 of Law August 7, 1990, No 241, on "New rules of administrative procedure and r
ight of access to administrative documents (published in Official Gazette August
18, 1990, No 192), and 'the following:" Article 19. (Statement of logins). - 1.
Every act of authorization, license, grant is not constitutive, permit or clear
ed however denominated, including applications for entries in books or roles req
uired for the pursuit of activities' business, trade or craft which depends excl
usively on the finding of release requirements and conditions of the law or admi
nistrative acts in general content and is not no limit or quota overall or speci
fic sectoral programming tools for the release of the documents themselves, with
the exception of documents issued by the authorities responsible for national d
efense, public security, immigration, the administration of justice, tax authori
ties, including acts for networks of acquisition revenue, and also resulting fro
m the game, the protection of health and public safety ', cultural heritage and
landscape and environment, and 'acts imposed by Community legislation, and' repl
aced by a statement by the person together, including through self-certification
, certifications and statements required laws. The competent authority may 'requ
est information or certifications relating to events, states, or qualities' only
if they are not attested in documents already' available within the same or are
not directly available from other public administrations. 2. The activity 'cove
red by the declaration can' be initiated after a period of thirty days from the
date of the declaration to the competent administration. Together at the commenc
ement ', that person shall be' notify the relevant Administration. 3. The compet
ent authority in case of lack of established conditions, mode 'and legitimating
facts, within thirty days after receipt of the notification referred to in parag
raph 2, adopts measures motivated continuation of ban on' and
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removal of its effects, except where this 'possible, the concerned shall comply
with current legislation that activity' and its effects within a deadline set by
the administration, in any event not less than thirty days. It 'shall be withou
t prejudice to the powers of the competent authority to take measurements in sel
f-defense, under Articles 21-d and 21-h. Where the law provides for the acquisit
ion of special bodies or opinions, the deadline for the adoption of measures pro
hibiting continuation of 'removal and its effects are suspended until the acquis
ition of expertise, up to a maximum of thirty days, after which the administrati
on can 'adopt these measures, irrespective of the acquisition of the opinion. Su
spension and 'communication to date. 4. Remain firm for the current laws that co
ntain terms other than those referred to in paragraphs 2 and 3 for the start of
'and adoption by the authorities responsible for measures prohibiting continuati
on of' and removal of its effects. 5. Any dispute regarding the application of p
aragraphs 1, 2 and 3 and 'devoted to the exclusive jurisdiction of administrativ
e courts. The decree of the Minister of Industry and Trade 11 giugno1992 laying
"Approval of the model certificates of recognition of professional and technical
requirements of business and technical responsible for facility security. 'And'
published in the Official Journal June 18, 1992, No 142. The Law of 29 December
1993 No 580, on "adjustment of chambers of commerce, industry, handicrafts and
agriculture. 'And' published in the Official Journal of 11 January 1994, No 7, o
rdinary supplement. Article 4.€Technical and professional one. The requirements
are technical and professional, alternatively, one of the following: a) degree
on specific technical degree from a university 'legally recognized state or b) d
egree or qualification awarded at the end of the second cycle of secondary educa
tion with a specialization on the field of activity 'in Article 1 at a state ins
titution or legally recognized, followed by a period of integration, at least tw
o years continuous, employed directly by a company in the sector. The period of
entry for the activities 'in Article 1, paragraph 2, letter d) and' a year c) th
e license or certificate obtained under the existing legislation on vocational t
raining, after a period of entry, at least four consecutive years, employed dire
ctly by a company in the sector. The period of entry for the activities' in Arti
cle 1, paragraph 2, letter d) and 'two years d) provide work, directly employed
by a qualified company in the branch of activity' covered by the provision worke
r plumber for a period not exceeding three years, except that counts for apprent
iceship and done that as a skilled worker in quality 'of workers qualified insta
ller of specialized in' installation, conversion, expansion and Maintenance
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plant referred to in Article 1. 2. The periods of placement in points b) and c)
and work performance at d) of paragraph 1 may also take place in the form of ong
oing technical collaboration within the enterprise by the proprietor, partners a
nd collaborators family. We consider also 'in possession of technical and profes
sional requirements under Article 4, the owner, partners and family workers who
worked' ongoing technical cooperation in the field of qualified firms for a not
less than six years. For the activities 'in the letter d) of Article 1, paragrap
h 2, that period can not' be less than four years. Article 5. Plant design 1. Fo
r installation, conversion and extension of the facilities referred to in Articl
e 1, paragraph 2, letters a) b) c) d) e) g) and 'drawn up a project. Subject to
compliance with the regulations more 'stringent design, in the circumstances ref
erred to in paragraph 2, the project' written by a professional member entitled
to practice in accordance with the specific expertise required while in other ca
ses, the project, as specified in Article 7, paragraph 2, 'written, alternativel
y, the technical manager of the plumbers. 2. The project for the installation, a
lteration and extension, and 'written by a professional writing to professional
bodies in accordance with the specific expertise needed in the following cases:
a) a facility listed in Article 1, paragraph 2, letter a), all utilities and con
dominium units for individual households 'housing with 6 kw power draw than indi
vidual or household units' housing areas greater than 400 square b) electrical i
nstallations made with cold cathode fluorescent lamps, connected to electrical e
quipment, for which a 'mandatory project and in any case for power plants total
of more than 1200 VA output power supplies c) installations as referred to in Ar
ticle 1, paragraph 2, letter a), relating to buildings used for activities' prod
uction, trade in services and other uses, when utilities are powered at over 100
0, including the low voltage, or when utilities are supplied with low voltage po
wer draw than 6 kW or where the area exceeds 200 square meters d) electrical ins
tallations related to units' estate provisions, even partially, environments sub
ject to specific regulation CEI, in case of premises used for medical use or for
which there is danger of explosion or greater risk of fire, and 'for protection
systems in buildings Lightning volume exceeding 200 cubic e) plants covered by
Article 1, paragraph 2, letter b), relating to electrical installations generall
y when plants coexist with Electrical design requirement f) plant in Article 1,
paragraph 2, letter c), with flues collective branching, as well as 'air conditi
oning systems for all uses with a potential' cooling of at least 40,000 refriger
ation / h g) plant in Article 1, paragraph 2, letter e), relating to the distrib
ution and utilization of gaseous fuels with heat input exceeding 50 kW or branch
ed group with flues or equipment for gas for hospital medical and similar€inclu
ding storage, h) plants covered by Article 1, paragraph 2, letter g), if
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placed in an activity 'subject to the certificate and fire prevention, however,
when fire hydrants are in number equal to or greater than 4 or scanners are in n
umber equal to or greater than 10. 3. The system designs are developed in accord
ance with the rule of art. Projects developed in compliance 'with current legisl
ation and implications of the guides and rules of UNI, the IEC and other standar
dization bodies belonging to the EU Member States or which are parties to the Eu
ropean Economic Area, shall be deemed to be drafted according to the rule of art
. 4. The projects include at least the installation diagrams and drawings as wel
l as planimetric 'a technical report on the consistency and type of installation
, conversion or enlargement of the facility, particularly with regard to the typ
e and characteristics of materials and components and use of preventive and safe
ty measures to be taken. In the places most at risk of fire and in those with ri
sk of explosion, and particular attention 'to the choice of materials and compon
ents to be used in the specific technical rules. 5. If a facility-based project
'changed during construction, the project presented and' integrated with the nec
essary technical documentation certifying the variants, which, in addition to th
e design, installation and 'must refer to the declaration of conformity '. 6. Th
e project, referred to in paragraph 2, and 'lodged at the one-stop shop for cons
truction in the municipality where the plant must be made within the period pres
cribed in Article 11. Item 6. Construction and installation of the equipment 1.
The firms have facilities in accordance with the rule of art, in compliance 'wit
h current legislation and are responsible for the proper execution thereof. The
plants produced in compliance 'with current legislation and standards of UNI, th
e IEC and other standardization bodies belonging to the EU Member States or whic
h are parties to the European Economic Area, shall be deemed made in accordance
with rule of art. 2. With reference to the activities' of production, apply the
general safety of Article 1 of Decree of President of the Council of Ministers 3
1 March 1989 and its amendments. 3. The electrical units' estate for residential
purposes made before March 13, 1990 shall be deemed adequate if equipped with i
solation and overcurrent protection places the origin of the plant, protection a
gainst direct contact, protection against indirect contact or protection with ci
rcuit breaker having nominal residual current not exceeding 30mA. Notes Article
6: Article 1 of Decree of President of the Council of Ministers marzo1989 31, he
aded 'Implementation of Article 12 of Decree of President of the Republic May 17
, 1988, No 175 on material risks associated with certain activities 'industries.
"(Published in the Official Gazette April 21, 1989, No. 93, SO), and' the follo
wing:" Article 1. (General Security). - 1. In
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design, implementation and management of 'industrial manufacturers are required
to comply with all applicable rules of work safety, fire prevention and protecti
on of the population and the environment. In particular, manufacturers must obta
in from the competent command of firefighters on fire prevention permits require
d by law and conform to the requirements of: a) the Royal Decree of January 9, 1
927, No 147 b) Royal Decree of 12 May 1927, No 824 c) Consolidated health laws,
approved by Royal Decree of 27 July 1934, No 1265 d) Decree of the President Apr
il 27, 1955, No 547 e) Decree of the President March 19, 1956, No 303, f) Law of
23 December 1978 No 833, and subsequent amendments, additions and implementing
decrees g) Decree of the President July 29, 1982, No 577 h) Act December 7, 1984
, No 818; i) Legislative Decree 15 August 1991, No 277 l) Decree 19 September 19
94, No 626. 2. The call to the provisions of paragraph 1 should be extended to s
ubsequent modifications and additions as well as' the decrees of application. Ar
ticle 7. Declaration of conformity '1. After work, after carrying out the checks
provided by law, including functionality 'installation, the installing company
shall deliver to the customer the declaration of conformity' of the facilities c
reated in accordance with the provisions of Article 6. That declaration,€made o
n the basis of the model in Annex I, are integral to the report containing the t
ype of materials used, as well as' the project referred to in Article 5. 2. Wher
e the project and 'prepared by the technical manager of the technical processing
and plumbers' constituted by at least the wiring diagram to be implemented, und
erstood as a functional description of the operation to be performed and possibl
y supplemented with the necessary technical documentation showing the changes ma
de during construction. 3. In case of partial renovation of facilities, the proj
ect, the declaration of conformity, 'and clearance testing where applicable, ref
er only to the installations covered by the work of rebuilding, but take into ac
count security and functionality' of ' entire facility. The declaration referred
to in paragraph 1 and Article 5 in the draft, and 'clearly mentioned compatibil
ity' with the technical conditions existing plant. 4. The declaration of conform
ity 'is also issued by the heads of technical departments of domestic firms are
not installed in Article 3, paragraph 3, according to the model in Annex II to t
his decree. 5. The content of the models in Annexes I and II can 'be amended or
supplemented by Ministerial Order needs to update a technical nature. 6. In the
case where the declaration of compliance 'under this Article, except as provided
in Article 15 is not manufactured or is no longer' available, this Act and 'rep
laced -
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for installations made before the entry into force of this decree by a statement
of compliance, issued by a professional writing on the professional expertise n
eeded for specific, which has practiced for at least five years in the field of
plant covered by the statement, in personal responsibility ', following inspecti
on and investigation or, for plants that do not fall within the scope of article
5, paragraph 2, by a person who holds, at least five years, the role technical
manager of a company authorized under Article 3, which operates in plant covered
by the statement. Article 8. Obligations of a contractor or owner. The principa
l and 'obliged to entrust the work of installation, conversion, expansion and ma
intenance special facilities listed in Article 1, paragraph 2, to qualified firm
s under Article 3. 2. The owner of adopting the necessary measures to preserve t
he security features provided by existing legislation, taking account of the ins
tructions for use and maintenance prepared by the installation of equipment manu
facturers and installed. The responsibility 'of suppliers or distributors, parts
of the plant and its technical components installed or operated by them. 3. The
contracting authority within 30 days dall'allacciamento a new supply of gas, el
ectricity, water, buildings of any intended use, delivery to the distributor or
retailer copy of the declaration of conformity 'installation, made in accordance
with Annex I, excluding annexes required, or a copy of the declaration of compl
iance under Article 7, paragraph 6. The same documentation and 'delivered in cas
e of request for increase in power committed a result of work on the system, or
a power surge that no work on the causes of the achievement levels of power used
in Article 5, paragraph 2 or otherwise, for the electrical, power of 6 kW. 4. T
he requirements of paragraph 3 shall apply in all cases of supply and demand for
new variation of heat output of gas. 5. Subject to such measures by the authori
ties 'competent expiry of the period referred to in paragraph 3 that is produced
without the declaration of compliance' in Article 7, paragraph 1, the supplier
or distributor of gas, electricity or water after reasonable notice, suspend the
provision. Article 9. Certificate of practicability '1. The certificate of fitn
ess for use 'and' issued by the authorities' competent after obtaining the decla
ration of conformity 'in Article 7, and' certificate of testing of installed equ
ipment, where required by law. Article 10. Maintenance of equipment 1. Routine m
aintenance of the facilities referred to in Article 1
Page 13 of 19
does not involve the preparation of the project it 'the issue of the test, it' c
ompliance with the obligation under Article 8, paragraph 1, except as provided f
or in paragraph 3. 2.€Are excluded from the requirements of the project prepara
tion and attestation of testing facilities for household appliances and the prov
ision of temporary power for construction and similar facilities, subject to the
requirement of a declaration of compliance '. 3. For maintenance of installatio
ns of lifts and elevators in private service applies the Decree of the President
April 30, 1999, No 162 and other specific provisions. Note: Article 10: Decree
of the President April 30, 1999, No 162, see the introductory note. Article 11.
Deposit with the one-stop shop for construction of the project, the declaration
of conformity 'or test certificate. 1. For the rehabilitation or installation of
new plantings in Article 1, paragraph 2, letters a) b) c) d) e), g) and h), rel
ating to buildings for which e ' already 'been issued a certificate of fitness f
or use', notwithstanding the obligations of the acquisition of acts of assent, h
owever denominated, the installing company shall deposit, within 30 days of comp
letion of work at the one-stop shop for building, referred to ' Article 5 of Dec
ree of President of the Republic 6 June 2001, No 380, common base of the plant,
the declaration of conformity 'and the draft drawn up under Article 5, or the ce
rtificate of inspection of installations, where required by law. 2. For works of
installation, conversion and expansion of facilities that are related to constr
uction projects subject to planning permission or to report the start of activit
y ', by Decree of the President June 6, 2001, No 380, the person with a permit t
o construct or object which has submitted the declaration of beginning of activi
ty 'deposits plant project to be implemented at one-stop building of the municip
ality must be conducting the intervention, together with the project building. 3
. The one-stop shop for in Article 5 of the Decree of President of the Republic
6 June 2001, No 380, forwards a copy of the declaration of compliance 'with the
Chamber of Commerce and Agriculture in whose area the company is located executr
ix of the plant, which provides consequent findings with the findings of the reg
ister or of the provincial craft enterprises , to claims and notifications pursu
ant to Article 14 of Law 24 November 1981, No 689, as amended, of any violations
found, and the imposition of fines pursuant to Article 20, paragraph 1, and 42,
paragraph 1, of Legislative Decree 31 March 1998, No 112. Notes Article 11: Art
icle 5 of Decree of President of the Republic 6 June 2001, on "Consolidated laws
and regulations on construction. (Text A). "(Published in the Official Gazette
October 20, 2001, 245, SO), and 'the following:" Article 5. (R) (one-stop shop f
or construction) (October 5, 1993 Decree-Law No 398, Article 4, paragraphs 1
Page 14 of 19
2, 3, 4, 5 and 6 with amendments by Law December 4, 1993, No 493, Article 220, R
oyal Decree of 27 July 1934, No 1265). - 1. The municipalities within its organi
zational autonomy measures, even in association with exercise facilities under C
hapter V, Title II of the Legislative Decree 18 August 2000, No 267, or merging
disarticulation, removal of organs or offices already 'existing office called to
set up a one-stop shop for building, that takes care of all relationships betwe
en the private, administration and, where appropriate, other authorities require
d to give concerning construction measures covered by the permit application or
allegation of logins'. (7) 2. This office shall in particular: a) receiving repo
rts of logins' and applications for the issuance of building permits and any oth
er act of assent, however called on the operations' construction, including the
certificate of fitness for use ', as well as' projects approved by the Superinte
ndent pursuant to the effects of Articles 36, 38 and 46 of Legislative Decree 29
October 1999, No 490 b) provide information on matters referred to in paragraph
a), including preparation of a computer file containing the necessary regulator
y elements, to enable any person interested therein free access, including via c
omputer, to information on compliance necessary for the performance of procedure
s under this regulation, the list of applications submitted, the status of their
formal procedures, as well as' all possible information available, d) the adopt
ion, in the same subjects€measures on access to administrative documents on beh
alf of any interested party under Article 22 of the Law August 7, 1990, No 241,
as well as' local rules implementing e) the issuance of building permits, certif
icates of fitness for use ', as well as' certifications attesting to the regulat
ory requirements and determinations provvedimentali to urban planning, landscape
 and environment, building and any other type of intervention still relevant to
the processing of housing land, f) handling relations between the municipal auth
orities, the private and other government called to rule on construction measure
s or subject matter of the complaint, particularly to fulfilling the terms of Pa
rt II of the Consolidated. 3. In order to issue the building permit or certifica
te of viability ', the office referred to in paragraph 1 acquires directly if th
ey have not already' attached by the applicant: a) the opinion of the ASL if it
can not be replaced by a self-certification under Article 20, paragraph 1 b) the
opinion of the fire, if necessary, in order to respect fire regulations. 4. The
office treatment ALSO 'the obligations necessary for the acquisition, including
conference services under Articles 14, 14 bis, 14 ter, 14-quater of Law August
7, 1990, No 241 of the acts of assent, however described, to achieve the
Page 15 of 19
Construction completion of intervention. Fall within the category of those conse
nts, in particular: a) authorizations and approvals of the competent technical d
epartment of the region, for buildings in earthquake zones referred to in Articl
es 61, 94 and 62, b) consent of the military for development in areas adjacent t
o safeguard works to defend the State or military establishments, of which Artic
le 16 of Law 24 December 1976, No 898 c) the authorization of the Director of Cu
stoms district in case of construction, removal and alteration of buildings in c
onservation areas in the vicinity 'of the customs line and in the territorial se
a, pursuant to article 19 of Legislative Decree November 8, 1990, No 374 d) the
authorization of the 'competent authority for construction on land bordering the
maritime domain, pursuant to article 55 of the Navigation Code, e) acts of asse
nt, however denominated, provided for building interventions on property bound u
nder Articles 21, 23, 24, and 151 of Legislative Decree 29 October 1999, No 490,
provided that in case of dissent expressed by the administration responsible fo
r the protection of cultural property, we proceed under Article 25 of Legislativ
e Decree 29 October 1999, No 490 f) the binding opinion of the Commission for th
e Protection of Venice, pursuant to article 6 of Law April 16, 1973, No 171, as
amended, except in cases where there has been an adjustment to the plan surfed u
nder Article 5 of the Act, for the business 'building in the Venetian lagoon, as
well as' the territory of the city of Chioggia and Sottomanna and islands Pelle
strina, Lido and St. Erasmus g) the opinion of the 'competent authority in terms
of structures and hydrogeological constraints; h) consents on servants' road, r
ail, port and airport; i) nothing precludes-by local authorities' jurisdiction u
nder Article 13 of Law 6 December 1991, No 394, regarding protected natural area
s.. " Article 14 of Law 24 novembre1981 No 689, on "Changes to the criminal just
ice system," (published in the Official Gazette November 30, 1981, No. 329, SO),
and 'the following: "Article 14. (Disputes and notification). - The violation,
and when 'possible, must be reported immediately to both the offender as the per
son who is jointly and severally liable to pay the sum due for the violation its
elf. If not 'been the immediate challenge for all or some of the persons mention
ed in the preceding paragraph, the details of the breach must be notified to aff
ected residents in the territory of the Republic within ninety days and those li
ving abroad within three hundred and sixty days the finding. When actions relati
ng to infringement shall be sent to 'responsible by decision of the' court, the
terms of the preceding paragraph from the date of receipt. The form of immediate
objection or
Page 16 of 19
Service shall apply the provisions of applicable laws. In any case, the notifica
tion can 'be carried out in the manner' provided by the Code of Civil ProcedureÂ
€also found that an official of the violation. If service can not 'be done in th
e hands of its recipient, the detailed rules' under Article 137, third paragraph
of that code. For residents abroad, if the residence, the residence or domicile
is not known, notification is not 'compulsory saving is the right' of the reduc
ed payment until the date stipulated in the second paragraph of Article 22 Oppos
ition to the proceedings. The obligation to pay the sum due for the violation to
cease and the person against whom 'was omitted in the notification deadline. Th
e text of Article 20, paragraph 1, and 42, paragraph 1, of Legislative Decree 31
marzo1998 No 112 on "Contribution of the State's administrative functions and t
asks to regions and local authorities in implementing Chapter I of Law March 15,
1997, No 59. '(Published in the Official Gazette April 21, 1998, 92, SO), are a
s follows: "Article 20. (Functions of chambers of commerce, industry, handicraft
s and agriculture). - 1. Are attributed to the chambers of commerce, industry, h
andicrafts and agriculture functions exercised by the provincial offices metric
and the provincial offices for industry, commerce and handicrafts, including tho
se relating to patents and the protection of property 'industry. " . 'Art 42. (R
epeals). - 1. Are repealed Article 60, paragraph 10 of Decree 4 August 1988, No
375, Minister for Industry, Commerce and Handicrafts, Article 23, paragraph 6 of
Decree 4 June 1993, No 248, Minister for Industry, Commerce and Handicrafts, Ar
ticle I, paragraph 4, of Law August 25, 1991, No 287, in so far as identifying t
he provincial department of Industry, Commerce and Handicrafts as a body respons
ible for the imposition of fines, as well as' all provisions incompatible with e
xisting legislation to effect the repeal of these provisions . Article 12. Conte
nts of a cartel information. At the beginning of work on the construction or ren
ovation of the building containing the premises referred to in Article 1, the in
stalling company shall put up a sign showing their identification data, and if '
provided for the establishment of the project by the persons specified Article 5
, paragraph 2, the name of the designer of the plant or facility. Article 13. Do
cumentation 1. The recipients of the requirements provided for in this Decree sh
all retain administrative and technical documentation, as well as' the use and m
aintenance manual and, in case of transfer of the property, for any reason, deli
very to the person concerned. The deed of transfer gives the guarantee of the se
ller in order
Page 17 of 19
compliance 'facility with current legislation on safety and contains in its anne
x, unless expressly agreed otherwise, the declaration of conformity' or the decl
aration of compliance under Article 7, paragraph 6. Copy of the documentation an
d 'also given to the person who uses any title, estate. Article 14. Funding of '
technical standards 1. In implementation of Article 8 of Law No 46/1990, the act
ivity 'of standardization carried out by UNI and CEI and' for three percent of t
he fee payable annually by the National Institute for Insurance against Accident
s at Work (INAIL) for this activity 'of search pursuant to Article 3, paragraph
3, of Decree-Law of 30 June 1982 No 390, ratified with amendments by Law 12 Augu
st 1982, No 597. 2. The sum referred to in paragraph 1, calculated on the amount
of contribution paid by INAIL and 'entered against a specific section of the es
timate of expenditure of the Ministry of Economic Development for 2007 and expen
se projections for the corresponding chapter following years. Article 14 notes:
For the article 8 of Law 5 March 1990, No 46, see the introductory notes. The te
xt of Article 3, third paragraph of Decree Law 30 June 1982, No 390, on "Regulat
ion of the functions of prevention and approving the units' local health and the
Higher Institute for Prevention and Safety at Work, (published in the Official
Gazette July 10, 1982, 179). Into law with amendments by Law 12 August 1982, No
597 (Official Gazette 25 August 1982, No 233), and 'as follows: The fee referred
to in Article 3, second paragraph, of Law December 19, 1952, No 2390, assigned
to the National Health Fund under Article 51 of Law 23 December 1978, No 833, to
be devoted to 'research in the prevention of accidents and occupational disease
s, from the cessation of' commissioner ENPI. Article 15. Penalties 1.€Violation
s of its obligations under Article 7 of this decree apply administrative sanctio
ns from EUR 100.00 to EUR 1,000.00 in relation to the size 'and complexity' of t
he system, the degree of danger 'and other objective circumstances subjective an
d of the violation. 2. Violations of other obligations under this decree apply a
dministrative sanctions from â ¬ 1,000.00 to â ¬ 10,000.00 in relation to the size '
and complexity' of the system, the degree of danger 'and other subjective and ob
jective circumstances of violation. 3. The violations found, however, through te
sting, out of installation firms are communicated to the Chamber of Commerce, In
dustry, Crafts and Agriculture responsible for the area, which provides annotati
on of small businesses in the provincial or trade register in which the 'enterpr
ise
Page 18 of 19
default is entered through a special report. 4. The thrice repeated violation of
the rules on the safety of installations by qualified firms also means 'in case
s of particular gravity', the temporary suspension of registration of the same c
ompanies from register of companies or the provincial of small businesses, propo
sal on the subject supervisors and review committees that oversee the keeping of
records and registers. 5. The third violation of rules concerning the design an
d testing, subjects supervisors propose to professional disciplinary action agai
nst members of professionals in their respective registers. 6. Imposition of pen
alties referred to in this Article shall chambers of commerce, industry, handicr
afts and agriculture. 7. Are void under Article 1418 of the Civil Code, the agre
ements relating to the activities' governed by this Regulation entered into by c
ompanies not authorized under Article 3, except the right to claim damages. This
decree, bearing the seal of the State, shall be 'included in the official colle
ction of normative acts of the Italian Republic. And 'Anyone wishing to respect
it and see it is enforced. Rome, January 22, 2008 The Minister of Economic Devel
opment Bersani
The Minister for the Environment and Protection of Land and Sea Pecoraro Scanio
Seen, (interim): Joined the Court of Auditors Prodi February 22, 2008 Office Con
trol acts Ministries activities' production, log No 1, page no Notes 182 Article
15: Article 1418 of the Civil Code, and 'the following: "Article 1418. (Grounds
for invalidity 'of the contract). - The contract and 'zero when and' contrary t
o mandatory rules, unless the law provides otherwise. Produce nothing 'of the co
ntract the lack of a requirement set out in Article 1325, the illegality' of the
case, the illegality 'of the reasons in the case mentioned in Article 1345 and
the lack of object requirements of Article 1346 . The contract 'ALSO' nil in oth
er cases established by law.. " Annex I (Article. 7) ----> See pictures on pp. 1
0:11 <----
Annex II (Paragraph. 7) ----> See pictures on pp. 24:13 <----