| Statutory Instruments 1999 No. 2001 The Pressure Equipment Regulations 1999 - continued |
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Application of Schedule 8 24. - (1) Subject to paragraph (2), Schedule 8 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto. (2) Except in the case of pressure equipment or an assembly which, in the opinion of an enforcement authority, is liable to endanger the safety of persons and, where appropriate, domestic animals or property, where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to pressure equipment or an assembly and in relation to which any provision of these Regulations has not been complied with it may serve notice in writing on -
(b) in a case where neither the manufacturer of the pressure equipment or assembly nor his authorised representative established within the Community has placed the pressure equipment or assembly on the market, the person who places it on the market in the United Kingdom;
and subject to paragraph (3), no other action pursuant to Schedule 8 may be taken, and no proceedings may be brought pursuant to regulation 25, in respect of that pressure equipment or assembly until such notice has been given and the person to whom it is given has failed to comply with its requirements.
(b) specify the respect in which it is so suspected and give particulars thereof; (c) require the person to whom the notice is given -
(ii) to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking has been correctly affixed; and
(d) warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under these Regulations in respect of that pressure equipment or assembly or pressure equipment or assembly of the same type placed on the market by that person.
Offences
(b) fails to supply or retain a copy of the declaration of conformity as required by regulation 7(4); or (c) fails to comply with the requirements of regulation 7(5) or 8(5),
shall be guilty of an offence.
(b) to a fine not exceeding level 5 on the standard scale,
or to both.
(b) to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
(b) to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender 1. Pipelines comprising piping or a system of piping designed for the conveyance of any fluid or substance to or from an installation (onshore or offshore) starting from and including the last isolation device located within the confines of the installation, including all the annexed equipment designed specifically for pipelines. This exclusion does not apply to standard pressure equipment such as may be found in pressure reduction stations or compression stations; 2. Networks for the supply, distribution and discharge of water and associated equipment and headraces such as penstocks, pressure tunnels, pressure shafts for hydroelectric installations and their related specific accessories; 3. Equipment covered by Directive 87/404/EEC[21] on simple pressure vessels; 4. Equipment covered by Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the member States relating to aerosol dispensers[22]; 5. Equipment intended for the functioning of vehicles defined by the following Directives and their Annexes: - Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers[23]; - Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the member States relating to the type-approval of wheeled agricultural or forestry tractors[24]; - Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles[25];
6.
Equipment classified as no higher than category I under Article 9 of this Directive and covered by one of the following Directives: - Council Directive 89/392/EEC of 14 June 1989 on the approximation of the laws of the member States relating to machinery[26]; - European Parliament and Council Directive 95/16/EC of 29 June 1995 on the approximation of the laws of the member States relating to lifts[27]; - Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of the member States relating to electrical equipment designed for use within certain voltage limits[28]; - Council Directive 93/42/EEC of 14 June 1993 concerning medical devices[29]; - Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the member States relating to appliances burning gaseous fuels[30]; - Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the member States concerning equipment and protective systems intended for use in potentially explosive atmospheres[31];
7.
Equipment covered by Article 296(1)(b) of the Treaty; - engines including turbines and internal combustion engines, - steam engines, gas/steam turbines, turbo-generators, compressors, pumps and actuating devices;
11.
Blast furnaces including the furnace cooling system, hot-blast recuperators, dust extractors and blast-furnace exhaust-gas scrubbers and direct reducing cupolas, including the furnace cooling, gas converters and pans for melting, re-melting, de-gassing and casting of steel and non-ferrous metals; 1. The obligations arising from the essential requirements listed in this Annex for pressure equipment also apply to assemblies where the corresponding hazard exists. 2. The essential requirements laid down in the Directive are compulsory. The obligations laid down in these essential requirements apply only if the corresponding hazard exists for the pressure equipment in question when it is used under conditions which are reasonably foreseeable by the manufacturer. 3. The manufacturer is under an obligation to analyse the hazards in order to identify those which apply to his equipment on account of pressure; he must then design and construct it taking account of his analysis. 4. The essential requirements are to be interpreted and applied in such a way as to take account of the state of the art and current practice at the time of design and manufacture as well as of technical and economic considerations which are consistent with a high degree of health and safety protection. 1. GENERAL 1.1. Pressure equipment must be designed, manufactured and checked, and if applicable equipped and installed, in such a way as to ensure its safety when put into service in accordance with the manufacturer's instructions, or in reasonably foreseeable conditions. 1.2. In choosing the most appropriate solutions, the manufacturer must apply the principles set out below in the following order: - eliminate or reduce hazards as far as is reasonably practicable, - apply appropriate protection measures against hazards which cannot be eliminated, - where appropriate, inform users of residual hazards and indicate whether it is necessary to take appropriate special measures to reduce the risks at the time of installation and/or use.
1.3.
Where the potential for misuse is known or can be clearly foreseen, the pressure equipment must be designed to prevent danger from such misuse or, if that is not possible, adequate warning given that the pressure equipment must not be used in that way.
2.2.
Design for adequate strength - internal/external pressure, - ambient and operational temperatures, - static pressure and mass of contents in operating and test conditions, - traffic, wind, earthquake loading, - reaction forces and moments which result from the supports, attachments, piping, etc., - corrosion and erosion, fatigue, etc., - decomposition of unstable fluids.{t3} Various loadings which can occur at the same time must be considered, taking into account the probability of their simultaneous occurrence.
2.2.2 Design for adequate strength must be based on: - as a general rule, a calculation method, as described in 2.2.3, and supplemented if necessary by an experimental design method as described in 2.2.4, or - an experimental design method without calculation, as described in 2.2.4, when the product of the maximum allowable pressure PS and the volume V is less than 6 000 bar-L or the product PS-DN less than 3 000 bar.
2.2.3 Calculation method
The allowable stresses for pressure equipment must be limited having regard to reasonably foreseeable failure modes under operating conditions. To this end, safety factors must be applied to eliminate fully any uncertainty arising out of manufacture, actual operational conditions, stresses, calculation models and properties and behaviour of the material. These calculation methods must provide sufficient safety margins consistent, where applicable, with the requirements of section 7. The requirements set out above may be met by applying one of the following methods, as appropriate, if necessary as a supplement to or in combination with another method: - design by formula, - design by analysis, - design by fracture mechanics;
(b) Resistance - the calculation pressures must not be less than the maximum allowable pressures and take into account static head and dynamic fluid pressures and the decomposition of unstable fluids. Where a vessel is separated into individual pressure-containing chambers, the partition wall must be designed on the basis of the highest possible chamber pressure relative to the lowest pressure possible in the adjoining chamber, - the calculation temperatures must allow for appropriate safety margins, - the design must take appropriate account of all possible combinations of temperature and pressure which might arise under reasonably foreseeable operating conditions for the equipment, - the maximum stresses and peak stress concentrations must be kept within safe limits, - the calculation for pressure containment must utilise the values appropriate to the properties of the material, based on documented data, having regard to the provisions set out in section 4 together with appropriate safety factors. Material characteristics to be considered, where applicable, include: - yield strength, 0.2% or 1.0% proof strength as appropriate at calculation temperature, - tensile strength, - time-dependent strength, i.e. creep strength, - fatigue data, - Young's modulus (modulus of elasticity), - appropriate amount of plastic strain, - impact strength, - fracture toughness, - appropriate joint factors must be applied to the material properties depending, for example, on the type of non-destructive testing, the materials joined and the operating conditions envisaged, - the design must take appropriate account of all reasonably foreseeable degradation mechanisms (e.g. corrosion, creep, fatigue) commensurate with the intended use of the equipment. Attention must be drawn, in the instructions referred to in section 3.4, to particular features of the design which are relevant to the life of the equipment, for example: - for creep: design hours of operation at specified temperatures, - for fatigue: design under number of cycles at specified stress levels, - for corrosion: design corrosion allowance;
(c) Stability aspects
2.2.4 Experimental design method
The test pressure must be determined on the basis of the differences between the values of the geometrical and material characteristics measures under test conditions and the values used for design purposes; it must take into account the differences between the test and design temperatures; (b) where the risk of creep or fatigue exists, appropriate tests determined on the basis of the service conditions laid down for the equipment, for instance hold time at specified temperatures, number of cycles at specified stress-levels, etc; (c) where necessary, additional tests concerning other factors referred to in 2.2.1 such as corrosion, external damage, etc.
2.3.
Provisions to ensure safe handling and operation
- closures and openings, - dangerous discharge of pressure relief blow-off, - devices to prevent physical access whilst pressure or a vacuum exists, - surface temperature taking into consideration the intended use, - decomposition of unstable fluids.
2.4.
Means of examination
(b) Means of determining the internal condition of the equipment must be available, where it is necessary to ensure the continued safety of the equipment, such as access openings, allowing physical access to the inside of the pressure equipment so that appropriate examinations can be carried out safely and ergonomically; (c) Other means of ensuring the safe condition of the pressure equipment may be applied: - where it is too small for physical internal access, or - where opening the pressure equipment would adversely affect the inside, or - where the substance contained has been shown not to be harmful to the material from which the pressure equipment is made and no other internal degradation mechanisms are reasonably foreseeable.
2.5.
Means of draining and venting
- to avoid harmful effects such as water hammer, vacuum collapse, corrosion and uncontrolled chemical reactions. All stages of operation and testing, particularly pressure testing, must be considered, - to permit cleaning, inspection and maintenance in a safe manner.
2.6.
Corrosion or other chemical attack
2.7.
Wear
- minimise that effect by appropriate design, e.g. additional material thickness, or by the use of liners or cladding materials, - permit replacement of parts which are most affected, - draw attention, in the instructions referred to in 3.4, to measures necessary for continued safe use.
2.8.
Assemblies
- the components to be assembled together are suitable and reliable for their duty, - all the components are properly integrated and assembled in an appropriate manner.
2.9.
Provisions for filling and discharge
- overfilling or overpressurisation having regard in particular to the filling ratio and to vapour pressure at the reference temperature, - instability of the pressure equipment;
(b) on discharge: the uncontrolled release of the pressurised fluid;
2.10.
Protection against exceeding the allowable limits of pressure equipment
(b) where appropriate, adequate monitoring devices such as indicators and/or alarms which enable adequate action to be taken either automatically or manually to keep the pressure equipment within the allowable limits.
2.11.
Safety accessories - be so designed and constructed as to be reliable and suitable for their intended duty and take into account the maintenance and testing requirements of the devices, where applicable, - be independent of other functions, unless their safety function cannot be affected by such other functions, - comply with appropriate design principles in order to obtain suitable and reliable protection. These principles include, in particular, fail-safe modes, redundancy, diversity and self-diagnosis.
2.11.2 Pressure limiting devices
2.11.3 Temperature monitoring devices
2.12.
External fire
Notes: [14] 1974 c.37.back [15] S.I. 1978/1039 (N.I. 9).back [20] S.R. 1992 No. 79, as amended by S.R. 1999 No. 126.back [21] OJ No. L220, 8.8.87, p. 48.back [22] OJ No. L147, 9.6.1975, p. 40. Directive as last amended by Commission Directive 94/1/EC (OJ No. L23, 28.1.1994, p. 28).back [23] OJ No. L42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 95/54/EC (OJ No. L266, 8.11.1995, p. 1).back [24] OJ No. L84, 28.3.1974, p. 10. Directive as last amended by the 1994 Act of Accession.back [25] OJ No. L225, 10.8.1992, p. 72. Directive as last amended by the 1994 Act of Accession.back [26] OJ No. L207, 23.7.98, p. 1.back [27] OJ No, L213, 7.9.1995, p. 1.back [28] OJ No. L77, 26.3.1973, p. 29. Directive as last amended by Directive 93/68/EEC (OJ No. L220, 30.8.1993, p. 1).back [29] OJ No. L169, 12.7.1993, p. 1.back [30] OJ No. L196, 26.7.1990, p. 15. Directive as last amended by Directive 93/68/EEC (OJ No. L220, 30.8.1993, p. 1).back [31] OJ No. L100, 19.4.1994, p. 1.back [32] ADR=European Agreement concerning the International Carriage of Dangerous Goods by Road.back [33] RID=Regulations concerning the International Carriage of Dangerous Goods by Rail.back [34] IMDG=International Maritime Dangerous Goods Code.back [35] ICAO=International Civil Aviation Organisation.back
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