Installations requiring monitoring; application for a permit

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

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

Installations requiring monitoring pose considerable risks to the safety and health of employees or other persons in the danger zone of these installations during operation. 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, installation and operation of systems requiring monitoring have been issued in the Act on Systems Requiring Monitoring (ÜAnlG) in conjunction with the Ordinance on Industrial Safety and Health (BetrSichV).

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

• 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.

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

• The permit application must be submitted to the trade supervisory office of the respective district government together with all necessary documents.
• The permit can be applied for in writing or electronically.
• If the application is submitted electronically, the competent authority may also request multiple copies and the submission of the documents to be attached to the application 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 bodies in the star procedure.

The Trade Supervisory Office must decide on the application within three months of receiving it. The deadline may be extended in justified cases. The applicant shall be notified of the extended deadline together with the reasons for the extension. The 3-month period runs from receipt of the complete and informative application documents.

The costs vary depending on the type and size of the installation. They are regulated in the Schedule of Costs (KVz) to the Bavarian Costs Act (Art. 6 KG in conjunction with tariff no. 7.I.2/1 of the KVz).

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

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