The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009

CHAPTER 2

Fire protection systems and fire extinguishers

Fire Industry Association as certification and evaluation body

23.—(1) The certification and evaluation body for the purposes of Article 5 of Commission Regulation 304/2008 (issue and contents of certificates) is the Fire Industry Association(1).

(2) The Fire Industry Association must—

(a) comply with Articles 5.1, 5.2, 10.1 second paragraph, 10.2, 10.3, 11.1, 11.3 and 11.4 of that Regulation (activities and obligations of certification and evaluation bodies); and

(b) ensure compliance with Article 11.2 of that Regulation (planning and structure of examinations).

Qualifications of individuals relating to fire protection systems

24.—(1) Subject to paragraphs (3), (4) and (5), and regulation 29, an individual commits an offence if that individual—

(a) carries out—

(i) an activity referred to in paragraph (2) relating to a fire protection system, or

(ii) the recovery of fluorinated greenhouse gases from fire extinguishers; but

(b) does not hold a fire protection systems qualification in contravention of Article 4.1 of Commission Regulation 304/2008.

(2) The activities are—

(a) leakage checking of applications containing 3 kilograms or more of fluorinated greenhouse gases;

(b) the recovery of fluorinated greenhouse gases;

(c) installation; and

(d) maintenance or servicing,

but not an exempt activity.

(3) Paragraph (1) does not apply to an individual who—

(a) is enrolled on a training course for the purpose of obtaining a fire protection systems qualification; and

(b) carries out an activity referred to in paragraph (2) under the supervision of an individual who does hold such a qualification,

for a period of one year from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).

(4) Paragraph (1) does not apply to an individual who holds an interim certificate.

(5) In this regulation—

(a) “exempt activity” means a manufacturing or repair activity undertaken at the site of the manufacturer of containers or associated components of stationary fire protection systems containing certain fluorinated greenhouse gases;

(b) “fire protection systems qualification” means a valid certificate issued by the Fire Industry Association under Article 5.1, 5.3 or 5.4 of Commission Regulation 304/2008;

(c) “installation” has the meaning given in Article 3 of Commission Regulation 304/2008;

(d) “interim certificate” means a certificate issued under Article 6.3 of Commission Regulation 304/2008;

(e) “maintenance or servicing” has the meaning given in Article 3 of Commission Regulation 304/2008.

Interim fire protection system certificates for individuals

25.  For the purposes of Article 6.1 and 6.2 of Commission Regulation 304/2008, an individual who holds an in-house qualification obtained before the date of the coming into operation of these Regulations is the holder of an interim certificate as regards the activity referred to in regulation 24(1)(a)(ii) or (2) to which the in-house qualification relates.

Certification bodies for companies – fire protection systems

26.—(1) The Department may appoint such person, and on such terms, as the Department thinks fit, to be the certification body for the purposes of Article 8 of Commission Regulation 304/2008 (issue and contents of certificate).

(2) A person so appointed must comply with Articles 8, 10.1 second paragraph, 10.2 and 10.3 of that Regulation.

Certificates for companies – fire protection systems

27.—(1) Subject to paragraph (2) and regulation 29, a company commits an offence if it—

(a) carries out—

(i) installation, or

(ii) maintenance or servicing,

in respect of a fire protection system; but

(b) does not hold a fire protection systems company certificate or an interim certificate,

in contravention of Article 7.1 of Commission Regulation 304/2008.

(2) Up to and including 3^rd July 2009, paragraph (1) does not apply, as regards an activity referred to in paragraph (1)(a), to a company which carried out the activity in question before 4^th July 2008.

(3) A company commits an offence if it knowingly or recklessly provides Article 8.1 information which is false or misleading in any material particular for the purposes of obtaining a fire protection systems company certificate.

(4) In this regulation—

(a) “Article 8.1 information” means information relating to the matters referred to in Article 8.1(a) and (b) of Commission Regulation 304/2008;

(b) “fire protection systems company certificate” means a valid certificate issued under Article 8 of Commission Regulation 304/2008;

(c) “installation” has the meaning given in Article 3 of Commission Regulation 304/2008;

(d) “interim certificate” means a certificate issued under Article 9.3 of Commission Regulation 304/2008; and

(e) “maintenance or servicing” has the meaning given in Article 3 of Commission Regulation 304/2008.

Interim company certificates – fire protection systems

28.—(1) The Department may appoint such person, and on such terms, as the Department thinks fit to be the certification body for the purposes of Article 9.3 of Commission Regulation 304/2008 (issue and contents of interim certificates).

(2) A person so appointed must comply with Articles 9.3, 10.1 second paragraph, 10.2 and 10.3 of that Regulation.

Certificates relating to fire protection systems issued in other EEA states and Great Britain

29.—(1) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body in an EEA State other than the United Kingdom may carry out the activities referred to in regulation 24(1) if—

(a) the certificate is written in English; or

(b) the person also holds a translation of the certificate in English.

(2) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body appointed under legislation in force in Great Britain may carry out the activities referred to in regulation 24(1).

(1)

Details can be obtained from the Fire Industry Association, Thames House, 29 Thames Street, Kingston Upon Thames, Surrey, KT1 1PH; telephone: [phone]; e-mail: [e-mail] ; web-site: http://www.fia.uk.com/