Executive Order on the Act on the Authorisation of Electrical, Plumbing and Sewerage Installation Companies

Section 1. The purpose of the Act is to ensure that installations in the field of electricity, plumbing and sewerage are carried out and serviced correctly for reasons of safety, health and the environmental protection.

Plumbing

Section 4. Gas installations that use city gas, natural gas, bottled gas, biogas, hydrogen or similar combustible gases may only be carried out and serviced by plumbing installation companies that have obtained authorisation, pursuant to Section 9 (1), or partial authorisation, pursuant to Section 10 (1), for the work in question, cf. however subsection 3.

Subsection 2. The work requiring authorisation is calculated from and including connection to or disconnection from distribution lines or supply facilities and includes service and house pipelines as well as gas equipment, including appliances and the ventilation and exhaust systems of appliances.

Subsection 3. However, the initial installation of gas-fired burner plants systems 135 kW, gas-powered motor systems and installations with process equipment may only be carried out by the manufacturer or by companies that have obtained company approval in the gas sector pursuant to Article 11 (1). The systems and installations mentioned in item 1 may only be serviced by companies that have obtained company approval in the gas sector pursuant to Article 11 (1).

Subsection 4. Gas installations on ships other than houseboats and in aircraft, railway carriages and vehicles other than caravans and mobile homes, and gas installations for propulsion or heating of vehicles are not covered by the Act.

Section 5. Water installations as well as drainage installations above ground level and in buildings may only be carried out and serviced by plumbing installation companies that have obtained authorisation, pursuant to Section 9 (1), or partial authorisation, pursuant to Section 10 (1), for the work in question.

Subsection 2. Water installations are calculated from and including the connection to and disconnection from the supply line and include the entire installation, including fittings and installation components, unless the connection is made to a supply system for a single private consumer.

Subsection 3. Water and drainage installations on ships other than houseboats and in aircraft, railway carriages and vehicles other than mobile homes and caravans are not covered by the Act.

Section 6. The Minister for Industry, Business and Financial Affairs may lay down rules on exemptions from the authorisation requirement for

1. work that staff employed by gas distribution companies or in water supply companies within their supply area, and works performed by staff employed in water companies and staff employed in service companies that are group- or owner-affiliated to a water company performs within the water company's supply area as a natural part of their work as responsible for distribution or water supply lines,
2. manufacturers' construction of fixed gas, water and drainage installations in factory-manufactured mobile devices
3. manufacturers' preparation of gas installations and water installations as well as of drainage installations above ground level and in buildings in the manufacture of building components,
4. the fitting of water pipes by persons who have completed a course approved by the Danish Safety Technology Authority, and
5. the execution of simple work.

Subsection 2. The Minister for Industry, Business and Financial Affairs may lay down rules on requirements for approval of the courses mentioned in subsection 1, no. 4, including requirements that the course must enable the pipe installer to mount the waterpipes correctly so that they are not damaged, provide the pipe installer with knowledge of different pipe types, limiting the spread of fire, documentation and suitable equipment, and enable the individual to select pipe types and materials based on the available documentation.

Sewerage

Section 7. In-ground drainage installations and drainage systems up to and including penetration of floors, foundation or outer wall against soil and associated sewer lines may only be carried out and repaired by sewerage companies that have obtained authorisation pursuant to Section 9 (1).

Subsection 2. The work requiring authorisation is calculated from and including the connection to the main sewer and includes branch pipes, systems for wastewater treatment and the systems' drainage pipes, seepage systems for rainwater, rainwater pipes connected to the public rainwater system, pressure and vacuum drainage systems, collection tanks and building and perimeter drains.

Section 8. The Minister for Industry, Business and Financial Affairs may lay down rules on exemptions from the authorisation requirement for

1. work that staff employed by water companies and staff employed by service companies affiliated to a water company by group or ownership performs within the water company's supply area at drainage installations connected to the water company's main sewer, or work that the person responsible for a main sewer performs with its own staff for installations connected to this main sewer as a natural part of their work as responsible for the main sewer, and
2. the execution of simple work.

Section 9. The Danish Safety Technology Authority issues authorisation to electrical installation companies, cf. Section 2 (1), for plumbing installation companies, cf. Section 4 (1) and Section 5 (1), and to sewerage companies, cf. Section 7 (1), when the applicant has documented that

1. there are one or more technically responsible persons in the company who have been approved, in accordance with Section 14 (1), within the subject area of the application for authorisation and who are associated with the company as employees, as sole proprietors of a sole proprietorship or as a participants in a partnership or a limited partnership,
2. the company has an approved quality management system, cf. Section 20,
3. the company is not undergoing bankruptcy proceedings or liquidation,
4. the company has a physical address in a Member State of the European Union or a country with which the Union has concluded an agreement on the exercise of a regulated profession, and
5. a fee has been paid, cf. Section 18.

Subsection 2. The company's owner or, if the company is operated in corporate form, the CEO must provide a written statement as to whether the company or the relevant person has been punished for violations of this Act, the Gas Installation and Equipment Act, the previously applicable law on the authorisation of electrical installers etc., the previously applicable Act on Electric Power Plants and Electrical Equipment or the Electricity Safety Act or Regulations issued pursuant to these Acts in the last three years.

Subsection 3. The Danish Safety Technology Authority maintains a register of authorisations. Companies authorised in accordance with subsection 1 are entered in the register. The register is publicly available on the Danish Safety Technology Authority's website.

Section 10. When the conditions in Section 9 are met, the Danish Safety Technology Authority grants partial authorisation to carry out work on a delimited part of the authorisation area described in Section 2 (1), Section 4 (1) and Section 5 (1).

Subsection 2. Companies that are partially authorised in accordance with subsection 1 are entered in the Danish Safety Technology Authority's authorisation register, cf. Section 9 (3), indicating which work the partial authorisation includes.

Subsection 3. The Minister for Industry, Business and Financial Affairs lays down rules on which delimited work areas partial authorisation can be applied for.

Company approval in the gas field

Section 11. The Danish Safety Technology Authority must grant a company approval in the gas sector to carry out the initial installation of gas-fired burners over 135 kW, gas-powered motor plants and installations with processing equipment when the conditions of Article 9 are met; cf. subsection 2. The business approval also affords the company the right to service the type of installations covered by the approval.

Subsection 2. The Danish Safety Technology Authority may, on the basis of a specific assessment of the overall professional competencies in the company, grant approval in accordance with subsection 1 even if the company's technically responsible person has not been approved in accordance with Section 14 (1).

Subsection 3. The Minister for Industry, Business and Financial Affairs may lay down rules on the professional qualifications that the technically responsible person and the executive employees must possess in order for the company to be granted company approval in the gas field.

Subsection 4. Companies that are approved in accordance with subsection 1 are entered in the Danish Safety Technology Authority's authorisation register, cf. Section 9 (3), indicating which work the approval covers.

Carrying out activities

Section 12. The Minister for Industry, Business and Financial Affairs may lay down more detailed regulations regarding

1. performance of authorised activities and activities with company approval in the gas field,
2. the technically responsible person's affiliation with the company,
3. competence requirements for employees who perform work requiring authorisation for authorised sewerage companies, and
4. matters that are necessary to fulfil Denmark's EU legal obligations in the areas covered by authorisation requirements pursuant to this Act and rules laid down pursuant to this Act in accordance with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, with subsequent amendments, Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, as amended, and EU regulations on safety in connection with services.

Section 13. The company must ensure that the technically responsible person, cf. Section 9 (1), no. 1, has the powers necessary for the person to carry out his/her tasks.

Subsection 2. If the technically responsible person is associated with the company as an employee, he/she must be employed with a notice of termination of at least 3 months after 6 months of employment.

Approval as technically responsible person

Section 14. Approval as a technically responsible in the field of electricity, plumbing and sewerage is granted by the Danish Safety Technology Authority when it has been documented that

1. the applicant has passed an approved qualifying test within the relevant subject area, cf. however subsection 3,
2. the applicant is of legal age and is not under guardianship pursuant to Section 5 of the Danish Guardianship Act or under joint custody pursuant to Section 7 of the Danish Guardianship Act and
3. a fee has been paid, cf. Section 18.

Subsection 2. The applicant must provide a written statement as to whether they has been punished for violations of this Act, the Gas Installation and Equipment Act, the previously applicable law on the authorisation of electrical installers etc., the previously applicable Act on Electric Power Plants and Electrical Equipment or the Electricity Safety Act or Regulations issued pursuant to these Acts in the last three years.

Subsection 3. Subsection 1, no. 1, does not apply to citizens from another Member State within the European Union or a country with which the Union has entered into an agreement on access to the execution of regulated professions.

Section 15. The Minister for Industry, Business and Financial Affairs may lay down more detailed regulations regarding

1. the tasks of the technically responsible person in authorised companies and companies with company approval in the gas field,
2. qualifying tests which give access to apply for approval as a technically responsible person,
3. administration of the qualifying tests in the field of plumbing and sewerage and gas in general, including fees for participation in the tests, and
4. exercise of the profession of technically responsible person within the electricity, plumbing and sewerage area on the basis of foreign professional qualifications, including a ban on temporary or occasional practice of the profession of technically responsible person, cf. Section 9 (1), no. 1, for persons who do not meet the qualification requirements.

Refusal

Section 16. Notwithstanding the conditions in Sections 9-11 and 14 for obtaining authorisation, company approval in the gas field or approval as a technically responsible person, the Danish Safety Technology Authority may refuse in the following cases:

1. If the applicant abroad is aware of sanctions for matters that can be equated with those specified in Section 78 (2) of the Criminal Code, cf. however subsection 2.
2. If the applicant has not exhibited such conduct in his position or profession that there is reason to believe that the activity will not be exercised in a proper manner, cf. however subsection 2.

Subsection 2 Subsections 1 and 2, shall not apply to persons from another Member State within the European Union or a country with which the Union has entered into an agreement on access to the pursuit of regulated professions that are legally established in their home country and who notify temporary or occasional practice of the profession.

Subsection 3 In the event of refusal pursuant to subsection 1, no. 1, Section 78 (3) of the Danish Criminal Code shall apply mutatis mutandis.

Exemption

Section 17. In special cases, the Danish Safety Technology Authority may dispense with the conditions mentioned in Section 9 (1), nos. 1-4, Section 10 (1), Section 11 (1) and Section 14 (1), nos. 1 and 2.

Subsection 2. The Minister for Industry, Business and Financial Affairs may lay down further rules on access to dispensation from the requirement in Section 9 (1), no. 1.

Fee

Section 18. The Danish Safety Technology Authority charges a fee in connection with the application for authorisation, company approval in the gas field and approval as a technically responsible person.

Subsection 2. The Minister for Industry, Business and Financial Affairs stipulates rules on the size and collection of the fees in subsection 1.

Section 19. An authorised or approved company, cf. Sections 9-11, must immediately notify the Danish Safety Technology Authority when the company obtains a new technically responsible person. The company must also immediately notify the Danish Safety Technology Authority when the technically responsible person resigns or the company knows that the technically responsible person will be absent for more than 6 consecutive weeks.

Subsection 2. An authorised or approved company, cf. Sections 9-11, must notify the Danish Safety Technology Authority if there are changes in the information communicated to the Danish Safety Technology Authority in connection with the issuance of authorisation or approval.

Subsection 2. The company bears the costs in connection with the approval and verification of the company's quality management system.

Subsection 3. The Minister for Industry, Business and Financial Affairs may lay down more detailed regulations regarding

1. the content, scope, approval and verification of the quality management system indicated in subsection 1,
2. exemption from the requirement for verification of the quality management system for companies established in another EU or EEA country and which perform work as a temporary service provider in Denmark,
3. exemption from the requirement for verification of the quality management system for companies without a CVR number which, at the time of the entry into force of the Act, are authorised and which are affiliated with a person with a second occupation as a personally authorised or technically responsible person.
4. extraordinary verification of the quality management system in cases where the company has shown negligence in carrying out installation work,
5. approval from supervisory bodies to perform tasks under subsection 1 and verification by the approved supervisory bodies and
6. Supervisory bodies established in another EU country, in an EEA country or in a country with which the EU has concluded an agreement, with a view to implementing Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market with subsequent amendments and EU regulation on safety in connection with services.

Subsection 4. A company from another Member State within the European Union or a country with which the Union has concluded an agreement on access to the exercise of a regulated profession must provide documentation that the company has a quality management system concerning work performed by the company in Denmark and which can be approved in accordance with rules laid down pursuant to subsection 3, no. 1, or an equivalent system.

Subsection 5. The Minister for Industry, Business and Financial Affairs may lay down rules on the accreditation of the supervisory bodies, including that the individual supervisory body bears the costs in connection with accreditation and verification of its competencies and its quality management system. A requirement for accreditation replaces the requirement for the Danish Safety Technology Authority's approval and verification of the supervisory bodies.

3. the company no longer has a physical address in a Member State of the European Union or a country with which the Union has concluded an agreement on the exercise of a regulated profession, or
4. the conditions for the authorisation or company approval in the gas field are otherwise no longer met.

Subsection 2. The company that is the addressee of a decision on revocation pursuant to subsection 1 may request that the decision be brought before the courts. Requests for recourse to the courts must be submitted to the Danish Safety Technology Authority no later than 4 weeks after the decision has been notified to the company in question.

Subsection 3. The Danish Safety Technology Authority shall, without undue delay, bring an action against the company mentioned in subsection 2 in the forms of civil procedure.

Subsection 4. A request for legal action regarding revocation pursuant to subsection 1 has suspensive effect. However, the court may, by order, decide that the company in question may not conduct business as authorised or with company approval in the gas field during the proceedings.

Section 24. If a company that performs electrical work in accordance with Section 2 (3–5) or in accordance with rules laid down pursuant to Section 3 (1), nos. 1 and 2, or (2), or a company that performs gas installations, water installations or drainage installations above ground level and in buildings in accordance with rules laid down pursuant to Section 6, no. 2, grossly or repeatedly violates requirements in rules issued pursuant to the previously applicable Act on Electric Power Plants and Electrical Equipment, rules issued pursuant to the Electricity Safety Act, the gas regulations, rules on water and drainage installations or other safety requirements, the Danish Safety Technology Authority may order the company to have such work carried out by an authorised company.

Subsection 2. If the prerequisites for the injunction according to subsection 1, the company may request the Danish Safety Technology Authority assess whether the injunction should continue to be maintained.

Subsection 3. The company that is the addressee of a decision to issue an order pursuant to subsection 1 may request that the decision be brought before the courts. Requests for recourse to the courts must be submitted to the Danish Safety Technology Authority no later than 4 weeks after the decision has been notified to the company in question.

Subsection 4. The Danish Safety Technology Authority shall, without undue delay, bring an action against the company mentioned in subsection 3 in the forms of civil procedure.

Subsection 5. A request for legal action pursuant to subsection 3 has suspensive effect. However, the court may, by order, decide that the action shall not have suspensive effect.

Section 25. A company which has not obtained an authorisation, pursuant to Section 9 or 10, or a company approval in the gas field pursuant to Section 11 or whose authorisation or approval has lapsed or been revoked, may not, by advertising or in any other way, do anything that may lead to the perception that the company has authorisation or approval.

Subsection 3. The Danish Safety Technology Authority may also demand to be provided all information necessary to assess whether the conditions for authorisation or company approval in the gas field are still met.

Section 27. If there is a presumed risk of dangerous electrical or gas installations, the Danish Safety Technology Authority has access, at any time and against proper identification, to public and private properties and premises, without requiring a court order. Furthermore, if deemed necessary to carry out effective control of companies covered by the Act, the Danish Safety Technology Authority has access at any time and against proper identification to properties and premises from which companies covered by the Act conduct business, without requiring a court order. If deemed necessary to effectively inspect companies covered by the Act, the Danish Safety Technology Authority, together with the consent of the citizen or company concerned, has access to other public and private properties and locations.

Subsection 2. The police provide assistance to the Danish Safety Technology Authority if necessary.

Section 28. In connection with reports required pursuant to the Electricity Safety Act or rules laid down pursuant thereto, grid companies for electricity supply must check that the work has been carried out by companies which, according to the rules in this Act or rules laid down pursuant to this Act, are entitled thereto.

Section 29. In connection with reports and inspection of existing gas installations pursuant to the Gas Safety Act or rules laid down pursuant thereto, gas distribution companies must check that the work has been carried out by companies which, according to the rules in this Act or rules laid down pursuant to this Act, are entitled thereto.

Section 30. A network company for electricity supply, a gas distribution company, a municipal council, a private water supply company, a water company or a service company that is group or owner-affiliated with a water company must notify the Danish Safety Technology Authority if it is found that rules in this Act or rules issued pursuant to this Act have been violated, that negligence has been shown in the performance of the work or that an authorised company or a company with a company approval in the gas field has acted in a manner that could lead to revocation of the authorisation under Section 23 (1).

Subsection 2. The Minister for Industry, Business and Financial Affairs can lay down rules to the effect that rulings and other documents that are exclusively resolved or issued on the basis of electronic data processing can only be issued with the Danish Safety Technology Authority cited as the sender.

Section 34. The Minister for Industry, Business and Financial Affairs may determine that regulations issued pursuant to this Act, which contain requirements for companies etc., and technical specifications referred to in such regulations shall not be introduced in the Law Gazette.

Subsection 2. The Minister for Industry, Business and Financial Affairs determines rules on how information on the content of the regulations and technical specifications not introduced in the Law Gazette, cf. subsection 1, can be obtained.

Subsection 3. The Minister for Industry, Business and Financial Affairs may lay down rules that technical specifications not introduced in the Law Gazette, cf. subsection 1, shall be applicable even if they are not in Danish.

Section 35. The decisions of the Danish Safety Technology Authority made in accordance with this Act or rules issued pursuant thereto may not be brought before any other administrative authority.

Subsection 2. Rejection of an application for authorisation, company approval in the gas area and approval as technically responsible person which is justified through the circumstances specified in Section 16 (1), no. 2 may, however, be brought before the Danish Commerce and Companies Appeals Board, no later than 4 weeks after the refusal has been notified to the person in question.

Section 36. Fines shall be used to penalise those who

1. without being entitled to do so perform work that requires authorisation or company approval in the gas area, cf. Sections 2, 4, 5 and 7,
2. intentionally or through gross negligence cause work which requires authorisation or company approval in the gas field, cf. Sections 2, 4, 5 and 7, to be carried out by a company or a person who is not entitled to do so under this Act,
3. violates Section 13 (1),
4. fails to provide notification, pursuant to Section 19 (1), 1st sentence,
5. violates orders pursuant to Section 24 (1),
6. violates Section 25 or
7. neglects the duty to provide information in Section 26 (2).

Subsection 2. Rules laid down pursuant to Sections 3, 6, 8, 12 and 15 may stipulate that violation of the rules is punishable by a fine.

Subsection 3. When measuring the penalty according to subsections 1 and 2, special emphasis will be placed on whether the violation has caused a danger to safety, health or the environment and whether the violation was committed as part of a systematic violation of the rules.

Section 37. Companies etc. (legal persons) may be subject to criminal liability according to the rules of Chapter 5 of the Danish Criminal Code.

Section 46. The Act shall not extend to the Faroe Islands and Greenland.

Act no. 525 of 29 April 2015 on the Safety of Electrical Plant, Electrical Installations and Electrical Equipment (the Electrical Safety Act) contains the following entry into force provisions:

Section 37. This Act shall enter into force on 1 January 2016.

Subsection 2. At the same time, the Act on Electric Power Plants and Electrical Equipment is repealed, cf. Consolidation Act no. 990 of 8 December 2003.

Section 38. Rules issued pursuant to the Act on Electrical Power Plants and Electrical Equipment, cf. Consolidation Act no. 990 of 8 December 2003 with subsequent amendments, remain in force until they are repealed or replaced by rules issued pursuant to this Act.

Section 39. The Minister for Business and Growth may also establish transitional rules.

Act no. 61 of 30 January 2018 on Gas Safety for Gas Plants, Gas Installations Act and Gas Equipment (the Gas Safety Act) contains the following entry into force provision:

Section 32. The Act shall enter into force on 21 April 2018.

Subsection 2. Act on Gas Installations and Gas Equipment, cf. Consolidation Act no. 556 of 2 June 2014, is repealed.

Subsection 3. Rules issued pursuant to the Act on Gas Installations and Gas Equipment, cf. Consolidation Act no. 556 of 2 June 2014, remain in force until they are repealed or replaced by rules issued pursuant to this Act.

The Danish Safety Technology Authority, 11 January 2019

Lone Saaby

/ Jan Møller Mikkelsen