Information - Services - Formalities by subjects - Business start-up preparations - Companies subject to licensing and monitoring requirements - Installations requiring monitoring; application for a permit - Dienstleistungsportal Bayern

Description

A permit is required for the construction and operation of certain systems requiring monitoring and for changes to the design or mode of operation that affect the safety of these systems. This is granted on application.

During operation, plants requiring monitoring pose considerable risks to the safety and health of employees or other persons in the danger zone of these plants. Possible cases of damage could be, for example, exploded steam boilers, fires in chemical plants and storage facilities, falls from elevators or explosions of pressure vessels (e.g. gas tanks).

For this reason, special regulations for the construction, assembly and operation of plants requiring monitoring were issued with the Law on Plants Requiring Monitoring (ÜAnlG) in conjunction with the Ordinance on Industrial Safety and Health (BetrSichV).

Due to special hazardous characteristics, an official approval procedure is required for certain systems requiring monitoring. These systems are listed exhaustively in § 18 BetrSichV.

Prerequisites

The intended installation, design and mode of operation of the plant requiring inspection must comply with the safety requirements of the BetrSichV and, with regard to fire and explosion protection, also with the Ordinance on Hazardous Substances. This must be evident from the application documents.

Procedure

• The application for permission must be submitted to the trade supervisory office of the respective district government, enclosing all necessary documents.
• The permit can be applied for in writing or electronically.
• If the application is submitted electronically, the competent authority may require multiple copies as well as the transmission of the documents to be attached to the application also in written form.
• The trade supervisory office at the respective government decides on the application.
• In the licensing procedure, the trade supervisory office involves the public interest groups in a star procedure.

Special notes

The permit may be restricted, limited in time, issued subject to conditions and subject to requirements. The subsequent inclusion, amendment or addition of conditions is permissible.

If the examination of the permit application reveals that a permit is required in accordance with the Federal Immission Control Act, the application will be returned to the applicant with a corresponding note.

Deadlines

none

Processing time

The factory inspectorate shall decide on the application within three months of receiving it. The deadline may be extended in justified cases. The extended deadline shall be communicated to the applicant together with the reasons for the extension. The 3-month period runs from receipt of the complete and meaningful application documents.

Required documents

• Test report of an approved inspection body

  The documents must be accompanied by a test report from an approved inspection agency (ZÜS). The documents must contain all information necessary for the assessment of the plant.

• The documentation must show that

  the installation, design and mode of operation comply with the requirements of the Ordinance on Industrial Safety and Health and, with regard to fire and explosion protection, also the Ordinance on Hazardous Substances, and that the planned safety measures are suitable. The application documents must be complete, plausible and meaningful (see also LASI publication LV 49).

  The documents must also show that

  • the possible hazards arising from the working environment and from interactions with other work equipment, in particular other equipment requiring monitoring, which is used in a spatial or operational context with the equipment applied for, have also been considered and that the requirements and the protective measures envisaged are suitable, and
  • the measures resulting from the cooperation of different employers according to § 13 BetrSichV have been considered.

Online procedures

• Erlaubnisverfahren nach § 18 Betriebssicherheitsverordnung (BetrSichV)

  You can submit the application for permission according to § 18 of the Ordinance on Industrial Safety and Health online.

Fees

• The costs vary depending on the type and size of the plant. They are regulated in the cost schedule (KVz) to the Bavarian Cost Law (tariff no. 7.I.2/1 of the KVz).

Legal bases

• § 18 Verordnung über Sicherheit und Gesundheitsschutz bei der Verwendung von Arbeitsmitteln (Betriebssicherheitsverordnung - BetrSichV)

Remedy

Action before the administrative court