Heat cost allocators; application for confirmation of suitability as an expert body

Heat cost allocators for recording the proportionate heat consumption may only be used if they comply with the recognized rules of technology or their suitability has been proven in another way.

Only those bodies whose suitability has been confirmed by the competent authority under state law, which in Bavaria is the Bavarian State Office for Weights and Measures, in consultation with the Physikalisch-Technische Bundesanstalt (PTB), are deemed to be expert bodies for confirming the suitability of equipment for recording consumption in accordance with Section 5 of the Heating Costs Ordinance. This confirmation must be applied for. Proof of suitability must be provided.

The personnel and technical requirements for the bodies, the confirmation of suitability as well as the regular monitoring are described in detail in the administrative regulations of PTB (PTB-Mitteilungen No. 95 and 96). They concern

• the necessary test equipment,
• Specialist knowledge (engineering degree from a university or scientific college and one year of practical experience),
• Reliability and neutrality (no economic dependence on the manufacturer of the products to be tested) of the management and staff and the availability of sufficient economic resources for the proper operation of the testing laboratory.

Operation may only commence after acceptance of the premises and facilities by the competent authority and after all other requirements have been met. The documents relating to the inspections carried out must be submitted to the authority. At the request of the authority, the body of experts must participate in interlaboratory tests at its own expense.

In Bavaria, there is generally no appeal procedure against the administrative act of withdrawal or revocation of the confirmation of the expert body. The person concerned can either lodge an objection against the administrative act or bring an action directly (personal examination decision in accordance with Art. 15 Para. 1 No. 6 AGVwGO). In addition to the provisions of the Administrative Procedure Act, the operation of the expert body must be prohibited if the legal provisions are not observed.

You must apply for confirmation of suitability as an expert body from the State Office for Weights and Measures.

none

At cost in accordance with the Administrative Procedure Act.

• information on the premises and technical equipment of the expert body
• information on the management and staff of the expert body (evidence of competence, reliability and independence)
• Information on the type of heat cost allocators to be inspected