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

§ 1. Application for authorisation in the field of electrical, plumbing and sewerage installation and application for company approval in the gas field must be submitted to the Danish Safety Technology Authority via a form on the commercial portal Virk or the single point of contact.

§ 2. The application, cf. Section 1, must include the following:

1) The applicant company's CVR number, if any.

2) Information about the company's physical address.

3) Name and civil registration number of the persons who are the company's technically-responsible persons in the field that concerns the application for authorisation or approval, cf. however, subsection 2.

) Information about whether the company's technically-responsible person, cf. no. 3, is affiliated with the company as an employee, owner of a sole proprietorship or as part of a partnership or a limited partnership. If the technically-responsible person is an employee, the application must also indicate whether the technically-responsible person is employed with a notice period of at least 3 months following 6 months of employment.

5) Information on whether the company's technically-responsible person is affiliated with the company for a minimum of 30 hours a week within the company's normal business hours.

6) Documentation that the company has applied for approval of its quality management system with a supervisory body approved by the Danish Safety Technology Authority and that, after a preliminary review of the quality management system, the supervisory body has found the system to be satisfactory, cf. however, subsection 3.

7) Confirmation that the company is not undergoing bankruptcy proceedings or liquidation.

Subsection 2. The application must not contain the civil registration number of the company's technically-responsible person if the technically-responsible person is from another EU/EEA country or a country with which the EU has entered into an agreement to exercise regulated professions.

Subsection 3. A company established in another EU/EEA country applying for authorisation within the field of electrical, plumbing or sewerage installation or company approval in the gas field shall not submit documentation as mentioned in subsection 1, no. 6. The company must meet the requirements of the Executive Order on Quality Management Systems for Authorised Companies in the Electrical, Plumbing and Sewerage Installation field and for Companies with Approval in the Gas Field.

§ 3. A fee must be paid with the submission of the application, cf. Section 1. The fee is set so as to ensure a balance between fee income and costs of the Danish Safety Technology Authority's administration of the scheme, and it is published on the Danish Safety Technology Authority's website.

§ 4. When the Danish Safety Technology Authority receives an application, cf. Section 1, the Danish Safety Technology Authority will send a receipt to the applicant company with the following information:

1) The deadline for notification of a decision on authorisation or approval, cf. Section 5 (1) and (2).

2) That the applicant may consider the authorisation or approval as notified unless the Danish Safety Technology Authority has reached a decision before the expiry of the deadline, cf. § 5 (3).

3) Appeal options.

§ 5. The Danish Safety Technology Authority shall decide on authorisation or company approval within 60 days of receipt of the application and all necessary documents, cf. however, subsection 2.

Subsection 2. The deadline referred to in subsection 1 may be extended once if the complexity of the case justifies this. Before the expiry of the time limit specified in subsection 1, the Danish Safety Technology Authority must justify the extension to the applicant company and indicate a new deadline for when the decision will be made.

Subsection 3. If the Danish Safety Technology Authority has not made a decision before the expiry of the deadlines under subsections 1 and 2, the authorisation or approval is deemed to have been notified.

§ 6. Upon application, the Danish Safety Technology Authority may grant an exemption to an authorised or approved company or company applying for authorisation or approval from the requirement in Section 9 (1) of the Act which requires the company to have a technically-responsible person, including in cases where the company's technically-responsible person

1) has passed away,,

2) has been sick for more than 6 weeks,,

3) is on maternal or parental leave for more than 6 weeks,

4) has resigned, and the person to be appointed as a new technically-responsible person has not yet passed the authorisation test, or

5) has resigned and the company explains why it has not been possible to associate a new technically-responsible person from the time when the technically-responsible person resigned.

Subsection 2. Applications for exemptions must be submitted to the Danish Safety Technology Authority using a form on the business portal Virk (www.virk.dk) or the single point of contact (www.businessindenmark.dk).

Subsection 3. For applications for exemption, cf. subsection 1, it must be stated whether the company has considered how the company's authorisation-requiring tasks will be handled during the exemption period.

Subsection. 4. Exemptions under subsection 1 may be granted for a period of up to 3 months based on an overall assessment of the circumstances of the case.

Subsection 5. The exemption, cf. subsection 1 may, in special cases, be extended for up to 1 year if the company is under the supervision of another authorised or approved company in a line of business that includes activities carried out by the supervised entity.

Subsection 6. The Danish Safety Technology Authority may set conditions for the exemption, cf. 1, and for the extension, cf. subsection 5.

§ 7. The company may not take responsibility for work carried out by persons not employed by the company, cf. however, subsection 3 and Section 8.

Subsection 2. In cases where the company that has performed a job refuses or is unable to complete the work, another authorised or approved company may complete the work. The authorised or approved company does not assume responsibility for the work performed, but must review the installation to ensure that it complies with applicable regulations in the area. The review must be carried out in accordance with the guidelines of the Danish Safety Technology Authority.

Subsection 3. The company must be responsible for cable or pipe work carried out by persons who are not employed in the company if the work is carried out in accordance with the regulations in the Executive Order on the Running of Cables and Water Pipes.

§ 8. The company may take responsibility for work carried out by persons who are not employed by the company if they working temporarily in the company. A written, signed agreement must be prepared for temporary work with the company with which the person in question is normally affiliated. The agreement must be concluded before the temporary employees perform work for the company and shall be valid for a limited period.

Subsection 2. It shall be stated in the agreement, cf. subsection 1, that the company where the person is hired temporarily is responsible for the work performed by the respective person. It must also state the period for which the temporary agreement applies.

Subsection 3. The temporary employee must be covered by the company's quality management system.

§ 9. The technically-responsible person must be affiliated with the company for a minimum of 30 hours a week within the company's normal business hours, cf. however subsection 2.

Subsection 2. The Danish Safety Technology Authority may grant exemption from the requirement in subsection 1 if special circumstances apply and if the scope of tasks requiring authorisation in the company does not necessitate the technically-responsible person to be affiliated with the company for 30 hours a week.

§ 10. The technically-responsible person is responsible for ensuring that the company's authorisation-requiring tasks are manned properly, that the employees are adequately instructed and that adequate supervision is carried out on the performance of the work.

Subsection 2. The technically-responsible person must ensure that the work is carried out in accordance with applicable regulations for electricity, gas, water and drainage installations and in accordance with the company's quality management system. In companies that prepare electrical installation reports, the technically-responsible person must also ensure that the work is carried out in accordance with the Executive Order on Electrical Installation Reports as part of the house inspection plan.

Subsection 3. At the individual workplace where drainage work is carried out and where the professional is not involved in the actual execution, the technically-responsible person for sewerage companies must ensure that , at least one employee is employed on each work team who meets one of the required training requirements in the Executive Order on Approval of Technically-Responsible Person Which May Work in Authorised Companies within Electrical, Plumbing and Sewerage installations and in Approved Gas Companies, etc.

§ 11. The company must comply with the stipulations and special instructions of the Danish Safety Technology Authority and utility companies, including network companies for electricity supply, gas distribution companies, municipal councils, water supply companies, water companies or service companies that are affiliated by group or ownership to a water company, line owners and owners main collectors.

Subsection 2. For authorised companies in the electrical field, the obligation also applies upon registration and notification of completion of installation work, in accordance with subsection 1. The obligation to carry out registration and issue notification of completion is the responsibility of the company performing the work.

Subsection 3. For authorised or approved companies in the gas field, the obligation also applies upon notification of installation work, in accordance with subsection 1. Notification must take place in accordance with the Executive Order on Safety of Gas Installations.

Subsection 4. For all registrations, notifications of completion or other enquiries, authorised companies in the electrical field must specify the company's authorisation number to network companies for electricity supply concerning work or other conditions covered by the authorisation.

Subsection 5. Authorised or approved gas companies must specify the company's authorisation or approval number on all notifications or other enquiries to the Danish Safety Technology Authority regarding work or other matters covered by the authorisation or approval and which concern gas.

§ 12. If an authorised company within the electricity field detects a defect or deficiency with an electrical installation and if this is not remedied, the company must inform the owner or the user and must inform them of the danger and responsibility associated with not remedying such a defect or deficiency.

§ 13. If an authorised or approved gas company is called in cases where immediate assistance is required, for example in the event of gas leaks, poisoning, fire or similar, or encounters such incidents during their work, the company shall immediately take the necessary measures for hazard abatement and to limit damage caused.

Subsection 2. When the authorised or approved gas company detects serious safety-related faults and the company estimates that there is an immediate danger, the company must discontinue the gas supply to the system or installation. If the company cannot interrupt the gas supply itself, the gas distribution company must be notified immediately to carry out the interruption.

§ 14. An authorised or approved gas company must submit reports to the Danish Safety Technology Authority upon realising the following:

1) Accidents and dangerous incidents.

2) Systematic installation or material defects.

Subsection 2. Reporting pursuant to subsection 1 is made using a form on the business portal Virk (www.virk.dk).

§ 15. If an authorised or approved company in the field of water, drainage or sewerage is called in cases where immediate assistance is required, for example in the event of water leaks, clogging, large sewer leakages or similar or encounters such incidents during their work, the company shall immediately take the necessary measures for hazard abatement and to limit damage caused.

Subsection 2. The municipal council, the water supply company or the owner of the mains collector must be informed immediately of the interventions that have been made, cf. subsection 1.

Subsection 3. If an authorised company in the field of water, drainage or sewerage discovers that a water installation or drainage or sewage pipeline has defects or deficiencies that cannot be rectified immediately and which may cause danger or inconvenience to people, damage to property or pollution, the company must immediately notify the municipal council, the water supply company or the owner of the mains collector.

§ 16. Authorised companies in the field of gas, water, drainage or sewerage or approved gas companies must, upon delivery of any new or modified installation, inform the user or the owner of the operation.

Subsection 2. Authorised companies in the gas, water, drainage or sewerage field or approved gas companies must notify the owner or user of their responsibility for the future condition and maintenance of the entire installation, including letting defects or deficiencies be remedied as quickly as possible and implementing measures to counter safety and health risks.

§ 17. Network companies for electricity supply, gas distribution companies, municipal councils, water supply companies or owners of mains collectors are entitled to check, during and after the performance of the work, whether or not the work has been carried out in accordance with applicable regulations.

Subsection 2. Network companies for electricity supply may refuse to make connections to installations that have been established in violation of the Executive Order on the Safety of Construction and Operation of Electrical Installations.

Subsection 3. An authorised company within the electrical field is not exempted from the responsibility for the work to be carried out in accordance with the Executive Order on the Safety of Performance and Operation of Electrical Installations when a network company has approved an installation or the system's drawings.

Subsection 4. An authorised or approved gas company is not exempted from the responsibility that work has been carried out in accordance with the Executive Order on the Safety of Gas Systems and the Executive Order on Safety of Gas Installations, regardless of whether a gas distribution company or the Danish Safety Technology Authority has supervised a gas installation or a gas system.

Subsection 5. In connection with the design and execution of registered or notified work, the authorised company within the electrical field or the authorised or approved gas company shall, at the request of the network company for electricity supply or the gas distribution company, provide all relevant information about the extent and nature of the installation.

§ 18. Unless a more severe penalty is incurred under any other legislation, fines shall be used to penalise persons who violate Section 7 (1), Section 11 (1), (3) and (5), Section 13 (1) and (2), or Section 14.

§ 19. This Executive Order shall enter into force on 1 January 2019.

Subsection 2. Executive Order no. 232 of 21 March 2018 on the Authorisation and Operation of Electrical, Plumbing and Sewerage Installation Companies is repealed.

The Danish Safety Technology Authority, 3 December 2018

Lone Saaby