1. ------IND- 2006 0208 FIN-EN --- ------ 20060517 --- --- PROJET
DRAFT
Law on rescue equipment
Adopted in Helsinki on the of
2006
Section 1
Purpose of the Law
The purpose of the Law shall be to ensure that the products, devices and equipment (rescue
equipment), referred to in this Law, are safe and suitable for their purpose and that by meeting the
requirements, they can be freely placed on the market and put into use.
The purpose of the Law shall also be to ensure that the installation, maintenance and inspection
works, referred to in this Law, will secure effective and reliable operation of the relevant equipment
in accordance with its intended use.
Section 2
Scope
The Law shall apply to rescue equipment and to its manufacturer, importer, vendor and to any other
person or party who places rescue equipment on the market or puts it into use in Finland. The Law
shall also apply to installation and maintenance firms as well as to assessment and inspection
bodies.
In addition, the Law shall apply to the procedure observed in the attestation of conformity as well as
to the marking of products.
If the rescue equipment is a building product included in the scope of Directive 89/106/EEC on the
approximation of laws, regulations and administrative provisions of the Member States relating to
construction products, the provisions of the Law (230/2003) on approval of building products shall
apply to the attestation of its conformity.
Section 3
Application of any other legislation
In addition to this Law, the provisions of another law, subject to at least the same level of safety
concerning equipment or products and their supervision, referred to in Section 2, or of a Decree
based on it, must be applied.
Section 4
Definitions
For the purpose of this Law:
1) Rescue equipment refers to:
a) fire detection equipment installed in a building, detection equipment for other risks of accidents
as well as equipment used to give the alarm and to warn;
b) fixed extinguishing equipment and smoke ejectors installed in a building;
c) first-hand extinguishing equipment, such as hand extinguishers and smothering blankets;
d) products used to mark and illuminate escape routes in buildings;
e) factory-made fireplaces incorporated into the flue, such as open fireplaces and sauna stoves
where solid fuel is designed to be used; as well as
f) equipment and products used to construct and equip air-raid shelters.
2) Installation firms refers to firms which install and service fire detection and extinguishing
equipment.
3) Hand extinguisher firms refers to firms which service and inspect hand extinguishers.
4) Assessment bodies refers to organisations, institutes or other bodies with a duty to assess
conformity in statutory cases to attest conformity of rescue equipment before it is placed on the
market or into use.
5) Inspection bodies refers to organisations, institutes or other bodies which inspect fire detection
equipment and automatic extinguishing equipment at specified intervals.
Section 5
General requirements for rescue equipment
Rescue equipment should be reliable and suitable for its purpose. In addition, the characteristics of
the equipment should be such that the equipment can be used safely and without any risk to people,
property or the environment.
To attest conformity, the equipment must be provided with necessary markings and, unless it is
otherwise obvious, with an identification marking to verify the manufacturer or those placing the
product on the market.
The equipment should be provided with information and instructions necessary for the appropriate
installation, use and maintenance of the equipment. The user, service and installation instructions
should give sufficient information on the characteristics, intended use and safe handling methods of
the equipment.
The Council of State Decree may give further provisions for the requirements imposed on rescue
equipment, for the makings on the equipment as well as for the information and instructions
supplied with the equipment.
Section 6
Attestation of conformity
Those who place rescue equipment on the market or provide others with rescue equipment must
ensure and be able to reliably indicate that the equipment meets the statutory requirements.
The rescue equipment shall be deemed to conform to the requirements concerning it if the
manufacturer has provided an appropriate declaration of conformity and has entered a marking onto
the equipment concerning it, or conformity of the equipment has been attested by a certification
procedure carried out by an assessment body. Conformity shall include the provisions on the
general requirements for the equipment in Section 5 above. The manufacturer should keep the
appropriate technical documents for attestation and supervision of conformity.
If the rescue equipment is included within the scope of the statutes that require the fixing of a CE
marking, the CE marking with the associated responsibilities, imposed on the manufacturer, shall
indicate that the equipment conforms to these statutes.
The Council of State Decree may give further provisions for certification and other procedures
observed in the attestation of conformity and for the use of assessment services of assessment
bodies to attest conformity.
Section 7
Certain design, installation, maintenance and inspection works
Fixed fire detection equipment and similar systems, installed in a building or in some other similar
location, with the installation based on a statute or on a decision by the authorities, or which are
linked to an emergency centre using a data line, as well as automatic fire-extinguishing equipment
must be designed and installed so that their operation is appropriate and reliable and that they cause
no danger to people, property or the environment. When designing and installing the equipment, the
intended use of the equipment and the installation location as well as the compatibility with other
systems possibly affecting the operation of the equipment must be taken into account.
The maintenance and inspection works of the fire detection equipment and automatic fireextinguishing equipment referred to above in paragraph 1 must be implemented so that the
equipment meets the statutory requirements over its entire useful life.
The maintenance and inspection works of hand extinguishers must be carried out in a way that
ensures the safety and reliability of the extinguishers.
The Council of State Decree may give further provisions for the design, installation, maintenance
and inspection works set out above in this Section.
Section 8
Installation firms and firms supplying hand extinguishers
For the purpose of supervision, the installation firms and firms supplying hand extinguishers
carrying out the works, referred to above in Section 7, must notify the Safety Technology Authority
before commencing the operations and appoint a person in charge for the works. The notification
should include information on the operator and the person in charge as well as on the operations and
the tools used. It is the duty of the person in charge to make sure that the firm operates in
accordance with the statutes concerning it.
A person in charge may be the operator in question or a person, employed full time by the firm,
whose training and work experience correspond to the qualifications required by the operations. The
person in charge should demonstrate his/her competence in a test arranged by the Safety
Technology Authority or by another body approved by it. The person who meets the qualifications
required shall be issued with a certificate of qualification by the Safety Technology Authority, valid
for a fixed term. The Safety Technology Authority may cancel the certificate of qualification if the
person in question no longer meets the qualifications required by it or essentially neglects his/her
duty of care, set out in paragraph 1 above.
The Council of State Decree may give further provisions for giving a notification concerning
installation firms or firms supplying hand extinguishers and for information stated in the
notification as well as for the duties, qualifications required and demonstration of competence of a
person in charge in the firm.
Section 9
Operations of the installation firms and firms supplying hand extinguishers
The installation firms and firms supplying hand extinguishers must carry out any installation,
maintenance and inspection works secured by them proficiently and carefully, observing the good
practice of installation and maintenance as well as taking into account any statutes and
recommendations concerning the operations.
The Council of State Decree may give further provisions for carrying out any installation,
maintenance and inspection works, for tools used during the works and for documentation of the
works and for installation certificates issued.
Section 10
Approval by assessment and inspection bodies
The Safety Technology Authority shall approve the assessment bodies carrying out the services of
conformity assessment, referred to in this Law, as well as the inspection bodies carrying out the
inspections of fire detection equipment and automatic fire-extinguishing equipment, however,
excluding a procedure concerning building products, referred to in Section 2(3) above.
The decision of approval shall determine the range of qualifications for assessment and inspection
bodies as well as the duties and field of activity for inspection bodies and confirm the arrangements
relating to the supervision of the bodies. If necessary, it shall also set out other requirements,
restrictions and conditions concerning the operations of the bodies ensuring the appropriate
implementation of the duties. The decision may be given for a fixed term.
An assessment or inspection body, approved by a State within the European Economic Area or by
Turkey, shall correspond to a body, referred to in paragraph 1 above, if the approval complies with
the requirements equivalent to the provisions of this Law.
Section 11
Requirements for the approval of assessment and inspection bodies
The requirements for approval of an assessment body and inspection body are:
1) the body is independent in its operations concerning the duties of an assessment and inspection
body
2) the body has a sufficient number of skilled personnel available with their independence of
operations ensured in respect of the duties of an inspection body
3) the body has the equipment, tools and systems required by the operations
4) the body has a sufficient liability insurance, taking into account the quality and extent of the
operations, or some other equivalent arrangement deemed sufficient
5) the body is a legal person registered in Finland or it is a part of such a legal person.
Assessment bodies and inspection bodies must demonstrate, using an external assessment, that they
meet the requirements set out in paragraph 1.
Assessment and inspection bodies must notify the Safety Technology Authority of any such
changes in their operations that may have an effect on meeting the approval requirements.
Section 12
Duties of assessment and inspection bodies
An assessment body shall carry out assessment duties relating to the attestation of conformity,
referred to in Section 6(2), with the purpose of ensuring that the rescue equipment placed on the
market or put into use meets the requirements imposed on them in this Law.
An inspection body shall carry out acceptance inspections and periodic inspections of the
equipment, referred to in Section 7(1) above.
An inspection body should notify the area rescue authorities of any serious defects concerning fire
detection equipment or automatic fire-extinguishing equipment found during inspection operations.
Section 13
Implementation of the duties of assessment and inspection bodies
Assessment bodies and inspection bodies must carry out their duties by observing a good
administrative custom and inspection practice and taking into account the statutes and
recommendations concerning the product.
Assessment and inspection bodies should monitor the development of the statutes and standards in
their sector and co-operate with other bodies in their sector as is necessary to ensure the uniformity
of the operations.
When dealing with the public administrative duties referred to in this Law, the assessment and
inspection bodies must observe the provisions of the Act on the Openness of Government Activities
(621/1999), of the Act on Electronic Services and Communication in the Public Sector (13/2003),
of the Administrative Procedure Act (434/2003) and of the Language Act (423/2003).
Assessment bodies and inspection bodies may use external testing, inspection and other services. In
that case, the bodies must ensure that the provider of the said service meets the requirements set out
in Section 11(1) and observes the provisions of this Law on carrying out the duties of assessment
and inspection bodies.
Section 14
Statutory powers concerning approval of assessment and inspection bodies
The Council of State Decree shall provide in more detail for the approval procedure of assessment
and inspection bodies, for the requirements for approval and for the assessment of the requirements
set out in Sections 10 and 11.
In addition, the Council of State Decree may give further provisions for the duties of assessment
and inspection bodies set out in Sections 12 and 13 and for their implementation as well as for the
content of inspections carried out by inspection bodies and for the procedures followed during
inspections.
Section 15
Registers of the authorities
The Safety Technology Authority should keep a list of installation firms and firms supplying hand
extinguishers who have given a notification under this Law and of assessment and inspection bodies
approved by it. In addition, the Safety Technology Authority should keep a list of certificates of
qualification issued under this Law. The lists can be published and any information on them should
be given to the public observing the provisions on the openness of government activities.
The provisions of the Personal Data Act (523/1999) and of the Act on the Openness of Government
Activities shall apply to the list kept under this Section and it should have entries of the names of
registered persons, firms or bodies as well as the necessary contact details. Corresponding
information on a person in charge, referred to in Section 8 above, shall also be entered. Regarding
the certificate of qualification and the approval, the basis for it and the period of validity are also
entered in the list.
Section 16
Supervision
Compliance with this Law shall be supervised by the Safety Technology Authority.
The area rescue authorities should notify the Safety Technology Authority of any serious defects
concerning the rescue equipment or the operations of installation firms or inspection bodies found
during fire inspection or in connection with their other operations.
Section 17
Prohibitions and coercive measures
If the rescue equipment, referred to in Section 4(1), does not meet the requirements imposed on it
by this Law or by the Decree given under it, the Safety Technology Authority shall have the right
to:
1) temporarily or permanently prohibit the sale or any other transfer of the equipment;
2) request changes to be made to the equipment so that it meets the requirements, and
3) oblige the manufacturer, importer, vendor or any other transferor of the equipment, referred to in
Section 2(1), to publicly notify of any risks relating to the equipment or to give such a notification
at the expense of the manufacturer or importer.
If an installation firm or a firm supplying hand extinguishers or an assessment or inspection body
no longer meets the conditions imposed on its operations, or it operates contrary to the statutes and
regulations, the Safety Technology Authority must urge it to rectify the failing within the fixed
time. If the failing is not rectified, the Safety Technology Authority must prohibit the installation
firm or the firm supplying hand extinguishers from continuing its operations referred to in this Law
and, if necessary, cancel the approval by an assessment or inspection body.
If an assessment or inspection body no longer meets the requirements, referred to in Section 11, or
it does not observe the conditions set out in the decision, referred to in Section 10, or it otherwise
essentially acts against the statutes, the Safety Technology Authority must impose a sufficient
deadline for the body to rectify the matter. The Safety Technology Authority must cancel the
approval granted by it if the body has not rectified its failings within the fixed time.
Section 18
Powers of the supervisory authority
For the purpose of supervising the compliance of the statutes and regulations of this Law and
provided under it, the Safety Technology Authority shall have the right to have access to the place
of manufacture, storage, sale and use of the rescue equipment, referred to in Section 4(1), and to the
place where the equipment, referred to in Section 7(1), has been installed or where it is serviced.
However, no supervisory measures may be extended to a place protected by domiciliary peace or to
a location controlled by the armed forces which, for the sake of national security, must be kept
secret.
Notwithstanding the secrecy provisions, the Safety Technology Authority shall have the right to
obtain information necessary for the compliance of supervision of the provisions and regulations of
this Law and, provided under it, from the manufacturer, importer, vendor or any other transferor
and holder, referred to in Section 2(1), and from the customs, rescue and consumer protection
authorities as well as from the installation firm and the firm supplying hand extinguishers, referred
to in Section 4 as well as from an assessment and inspection body. However, the right to obtain
information shall not apply to the information kept secret by the armed forces for the sake of
national security.
If the manufacturer, importer, vendor or any other transferor of rescue equipment, referred to in
paragraph 2 above, fails to provide information to the Safety Technology Authority or the
information is significantly wanting and it cannot be obtained immediately from elsewhere, the
Safety Technology Authority shall have the right to prohibit the manufacture, offer for sale, sale
and any other transfer of the equipment until the conformity of the equipment can be ensured.
The Safety Technology Authority shall have the right, against a current price, to obtain a necessary
quantity of equipment, offered for sale, as test pieces. If the equipment does not meet the
requirements pursuant with the regulations and the provisions of this Law or those provided under
it, the supervisory authorities shall have the right to demand the purchase price of the equipment as
well as any charges incurred from testing and inspection of the equipment from the Finnish
manufacturer or importer who may place the equipment on the Finnish market or if they cannot be
found, from the trader who supplied the equipment to the supervisory authorities.
Section 19
Mutual recognition
Rescue equipment imported from other countries of the European Economic Area or Turkey shall
be deemed to conform to the statutes, referred to in this Law, if it complies with the provisions and
regulations in force in the said country guaranteeing the level of safety corresponding to this Law.
The measures by foreign assessment bodies to attest conformity, referred to in Section 3, shall be
acceptable if the international agreements binding Finland so require or impose.
The qualifications of a person in charge, referred to in Section 8 above, may also be demonstrated
with a foreign certificate of qualification or an equivalent document if the requirements it is based
on correspond to the provisions of this Law or Decree issued under it.
Section 20
Appeal
An appeal against the administrative decision by the Safety Technology Authority on the basis of
this Law or the Decrees issued under it shall be submitted as provided in the Administrative Judicial
Procedure Act. Notwithstanding an appeal, the decision must be complied with unless otherwise
imposed by the appellate authority.
Rectification for a decision concerning a certificate of conformity or inspection certificate by an
assessment body or inspection body may be sought from the body which made the decision within
30 days of the receipt of service of the decision complying with the provisions of the Administrative
Procedure Act. Instructions for a claim for rectification must be enclosed with the decision. An
appeal against the decision made by an assessment body or inspection body during rectifying
procedure shall be submitted as provided by the Administrative Judicial Procedure Act (586/1996).
Section 21
Confidentiality
A person carrying out the duties, referred to in this Law, may not disclose, without the consent of
the person in question, to third parties or use for his/her own or others’ benefit any information
obtained in the course of these duties with an obligation to secrecy imposed by law, or any
information concerning private business or professional secrets or any other corresponding
information on a private person’s business activities and if disclosing any information would cause
economic damage to the person involved in business. The disclosure of confidential information to
the authorities or to a body entrusted with public duties shall be laid down by law.
Notwithstanding the confidentiality provided by the Act on the Openness of Government Activities
(621/1999), any information obtained when carrying out the duties in accordance with this Law,
covered by the secrecy obligation may be handed over to the supervisory authorities for the purpose
of supervision and to the prosecuting and police authorities in order to solve a crime.
The Safety Technology Authority as well as an assessment and inspection body shall have the right,
notwithstanding paragraph 1, to give information, necessary to prevent a danger caused by the
products, to foreign official institutions supervising the safety of the products.
Section 22
Default fines and executive assistance
The Safety Technology Authority may intensify a prohibition and regulation issued under this Law
by imposing a default fine. The provisions of the Act on Default Fines (1113/1990) shall be in force
concerning default fines.
If necessary, the police and, if importation takes place from outside the European Union, the
customs authority should give executive assistance for the supervision of compliance with and
implementation of the provisions and regulations of this Law and those issued under it.
Section 23
Further provisions and regulations
If necessary, provisions on the implementation of this Law shall be given by a Council of State
Decree.
If necessary, the Safety Technology Authority may give administrative regulations relating to its
duties to harmonise the procedures.
Section 24
Entry into force
This Law shall enter into force on xxxx 2006. Measures necessary for the implementation of this
Law may be undertaken before the Law’s entry into force.
This Law shall repeal the Act on technical requirements for rescue equipment and on fire safety of
the products (562/1999) adopted in 1999.
Section 25
Transitional provisions
The Ministry of the Interior Decrees and Regulations given under the Act on technical requirements
for rescue equipment and on fire safety of the products shall remain in force after this Act has
entered into force with the exception of the Ministry of the Interior Regulation on audible signals
used to warn the public (1.11.1999/SM-1999-353/Tu-35) repealed within a year of the date this Law
has entered into force.
An active inspection body, approved before this Law entered into force, may without a separate
approval continue its operations as an inspection body, referred to in this Law, for a fixed period
mentioned in the decision of approval.
The approvals and administrative decisions given under the statutes, referred to in paragraph 1
above, shall continue to remain in force on conditions mentioned in them unless otherwise provided
in the statute or decision in question.
Effects of the Bill
The proposal shall have no significant effects in respect of the public economy. In respect of
attending to the duties of a Ministry, it shall be of no significance to the public economy as to which
is the Ministry whose powers the duties are included in.
There shall be no intention to tighten up the level of conformity of the products or to extend the
scope so that further expenses regarding more detailed requirements would also incur to the private
economy.