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Decree
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Decree of 8 November 2019

“Approval of technical fire prevention regulations for the design, construction and operation of heat production systems powered by gaseous fuels.”

The Minister of the Interior

Having regard to Law No 186 of 1 March 1968 on “Provisions concerning the production of electric and electronic hardware, equipment, machinery, installations and facilities”;

Having regard to Law No 1083 of 6 December 1971 on “Safety standards for the use of fuel gas”, as amended;

Having regard to Legislative Decree No 139 of 8 March 2006 on the “Reorganisation of the provisions relating to the tasks and duties of the National Fire Service, in accordance with Article 11 of Law No 229 of 29 July 2003”, as amended;

Having regard to Legislative Decree No 81 of 9 April 2008 on the “Implementation of Article 1 of Law No 123 of 3 August 2007 on workplace health and safety”, as amended;

Having regard to Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC;

Having regard to Regulation No 305 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, as amended;

Having regard to Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC;

Having regard to Legislative Decree No 85 of 19 May 2016 on “Implementation of Directive 2014/34/EU on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres”;

Having regard to Legislative Decree No 106 of 16 June 2017 on “Adaptation of national regulations to the provisions of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC”;

Having regard to Presidential Decree No 151 of 1 August 2011 on the ‘Regulation simplifying the discipline of fire prevention procedures, pursuant to Article 49(4c) of Decree Law No 78 of 31 May 2010, converted with amendments by Law No 122 of 30 July 2010’;

Having regard to the Decree of the Minister for the Interior of 30 November 1983 laying down terms, general definitions and graphic symbols relating to fire safety, published in Official Gazette of the Italian Republic No 339 of 12 December 1983;

Having regard to the Decree of the Interior Minister of 12 April 1996, concerning the “Approval of technical fire prevention regulations for the engineering, construction and operation of gas-fired thermal plants”, published in the Official Journal of the Italian Republic No 103 of 4 May 1996;

Having regard to the Decree of the Minister for the Interior, in conjunction with the Ministry of Employment and Welfare, of 10 March 1998 on “General fire safety and emergency management criteria in the workplace”, published in Official Gazette of the Italian Republic No 81 of 7 April 1998;

Having regard to Interior Ministry Decree of 16 February 2007 on the “Fire resistance classification of construction elements and products in building works”, published in the Official Journal of the Italian Republic No 74 of 29 March 2007;

Having regard to Interior Ministry Decree of 9 March 2007 on “Fire resistance requirements for construction works subject to inspection by the Italian National Fire Service”, published in the Official Journal of the Italian Republic No 74 of 29 March 2007;

Having regard to Decree of the Minister for Economic Development No 37 of 22 January 2008 on the “Regulations concerning implementation of Article 11m(13)(a) of Law No 248 of 2 December 2005 on the reordering of provisions concerning the installation of systems in buildings”, published in the Official Journal of the Italian Republic No 61 of 12 March 2008;

Having regard to the Decree of the Minister for Economic Development of 16 April 2008 on the “Technical rules for the design, construction, inspection, operation and surveillance of works and of direct-line and distribution systems for natural gas having a density not exceeding 0.8”, published in the Official Journal of the Italian Republic No 107 of 8 May 2008;

Having regard to the Decree of the Minister for the Interior of 7 August 2012 on “Provisions relating to procedures for the submission methods of requests relating to fire prevention procedures and the documentation to be annexed, pursuant to Article 2(7) of Presidential Decree No 151 of 1 August 2011”, published in the Official Gazette of the Italian Republic No 201 of 29 August 2012;

Having regard to the Interior Ministry Decree of 20 December 2012 setting out the “Technical fire safety regulations for active fire prevention installations used for activities subject to fire safety inspections”, published in the Official Journal of the Italian Republic No 3 of 4 January 2013;

In consideration of the need to update the fire safety provisions for heat production systems powered by gaseous fuel with a heat input exceeding 35 kW, pursuant to the aforementioned Ministerial Decree of 12 April 1996;

Having consulted the Central Technical and Scientific Committee on fire prevention pursuant to Article 21 of Legislative Decree No 139 of 8 March 2006;

Having carried out the reporting procedure in accordance with Directive (EU) No 2015/1535;
(Official Journal of the Italian Republic No 273 of 21 November 2019)

Minister for the Interior

Having regard to Law No 186 of 1 March 1968 on “Provisions concerning the production of electric and electronic hardware, equipment, machinery, installations and facilities”;

Having regard to Law No 1083 of 6 December 1971 on “Safety standards for the use of fuel gas”, as amended;

Having regard to Legislative Decree No 139 of 8 March 2006 on the “Reorganisation of the provisions relating to the tasks and duties of the National Fire Service, in accordance with Article 11 of Law No 229 of 29 July 2003”, as amended;

Having regard to Legislative Decree No 81 of 9 April 2008 on the “Implementation of Article 1 of Law No 123 of 3 August 2007 on workplace health and safety”, as amended;

Having regard to Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC;

Having regard to Regulation No 305 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, as amended;

Having regard to Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC;

Having regard to Legislative Decree No 85 of 19 May 2016 on “Implementation of Directive 2014/34/EU on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres”;

Having regard to Legislative Decree No 106 of 16 June 2017 on “Adaptation of national regulations to the provisions of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC”;

Having regard to Presidential Decree No 151 of 1 August 2011 on the ‘Regulation simplifying the discipline of fire prevention procedures, pursuant to Article 49(4c) of Decree Law No 78 of 31 May 2010, converted with amendments by Law No 122 of 30 July 2010’;

Having regard to the Decree of the Minister for the Interior of 30 November 1983 laying down terms, general definitions and graphic symbols relating to fire safety, published in Official Gazette of the Italian Republic No 339 of 12 December 1983;

Having regard to the Decree of the Interior Minister of 12 April 1996, concerning the “Approval of technical fire prevention regulations for the engineering, construction and operation of gas-fired thermal plants”, published in the Official Journal of the Italian Republic No 103 of 4 May 1996;

Having regard to the Decree of the Minister for the Interior, in conjunction with the Ministry of Employment and Welfare, of 10 March 1998 on “General fire safety and emergency management criteria in the workplace”, published in Ordinary Supplement No 64 to the Official Gazette of the Italian Republic No 81 of 7 April 1998;

Having regard to Interior Ministry Decree of 16 February 2007 on the “Fire resistance classification of construction elements and products in building works”, published in Ordinary Supplement No 87 to the Official Journal of the Italian Republic No 74 of 29 March 2007;

Having regard to Interior Ministry Decree of 9 March 2007 on “Fire resistance requirements for construction works subject to inspection by the Italian National Fire Service”, published in Ordinary Supplement No 87 to the Official Journal of the Italian Republic No 74 of 29 March 2007;

Having regard to Decree of the Minister for Economic Development No 37 of 22 January 2008 on the

“Regulations concerning implementation of Article 11m(13)(a) of Law No 248 of 2 December 2005 on the reordering of provisions concerning the installation of systems in buildings”, published in the Official Journal of the Italian Republic No 61 of 12 March 2008;

Having regard to the Decree of the Minister for Economic Development of 16 April 2008 on the “Technical rules for the design, construction, inspection, operation and surveillance of works and of direct-line and distribution systems for natural gas having a density not exceeding 0.8”, published in the Official Journal of the Italian Republic No 107 of 8 May 2008;

Having regard to the Decree of the Minister for the Interior of 7 August 2012 on “Provisions relating to procedures for the submission methods of requests relating to fire prevention procedures and the documentation to be annexed, pursuant to Article 2(7) of Presidential Decree No 151 of 1 August 2011”, published in the Official Gazette of the Italian Republic No 201 of 29 August 2012;

Having regard to the Interior Ministry Decree of 20 December 2012 setting out the “Technical fire safety regulations for active fire prevention installations used for activities subject to fire safety inspections”, published in the Official Journal of the Italian Republic No 3 of 4 January 2013;

In consideration of the need to update the fire safety provisions for heat production systems powered by gaseous fuel with a heat input exceeding 35 kW, pursuant to the aforementioned Ministerial Decree of 12 April 1996;

Having consulted the Central Technical and Scientific Committee on fire prevention pursuant to Article 21 of Legislative Decree No 139 of 8 March 2006;

Having carried out the reporting procedure in accordance with Directive (EU) No 2015/1535;

Hereby decrees:

Article 1
Article 1

Scope

The provisions of this decree apply to the design, construction and operation of non-domestic civil heat production systems with a total heat input exceeding 35 kW powered by gaseous fuels from families 1, 2 and 3 at pressures not exceeding 0.5 bar, used for:
The provisions of this decree apply to the design, construction and operation of non-domestic civil heat production systems with a total heat input exceeding 35 kW powered by gaseous fuels from families 1, 2 and 3 at pressures not exceeding 0.5 bar, used for:

air conditioning buildings and rooms;


installations consisting of catalytic stoves;

installations consisting of type A devices with the exception of those used for heating with incandescent radiant diffusers.

Several gas-powered devices, hereinafter referred to as devices, installed at the same premises or in directly communicating premises, are considered to be part of a single system with a heat input equal to the sum of the heat inputs of the individual devices installed therein. Where said sum exceeds 35 kW, regardless of the value of the individual heat input of each device, the premises containing the devices shall fall within the scope of the present decree for the purposes of fire prevention measures. Inside a residential property, when calculating the total heat input, domestic devices with an individual heat input not exceeding 35 kW; such as food cooking devices, stoves, fireplaces, individual radiators, single-family boilers, water heaters and washing machines; are not counted. Gas systems to which such devices are connected must however be built in accordance with prevailing applicable technical standards or equivalent technical specifications.
installations consisting of type A devices with the exception of those used for heating with incandescent radiant diffusers.

Several gas-powered devices, hereinafter referred to as devices, installed at the same premises or in directly communicating premises, are considered to be part of a single system with a heat

input equal to the sum of the heat inputs of the individual devices installed therein. Where said sum exceeds 35 kW, regardless of the value of the individual heat input of each device, the premises containing the devices shall fall within the scope of the present decree for the purposes of fire prevention measures. Inside a residential property, when calculating the total heat input, domestic devices with an individual heat input not exceeding 35 kW; such as food cooking devices, stoves, fireplaces, individual radiators, single-family boilers, water heaters and washing machines; are not counted. Gas systems to which such devices are connected shall however be built in accordance with prevailing applicable technical standards or equivalent technical specifications.

Several devices installed outside shall not constitute a single system.

The provisions of this decree shall apply to new systems. The specific provisions of Article 5 and Annex 1 referred to in Article 3 shall apply to existing systems.

Article 2
The provisions of this decree shall apply to new systems. The specific provisions of Article 5 and Annex 1 referred to in Article 3 shall apply to existing systems.

Article 2

Objectives


ensure that fire-fighter/rescue squads are able to work under safe conditions.

Article 3
Article 3

Technical Provisions

The technical fire prevention regulations provided in Annex 1, which is an integral part of this decree, are approved for the purpose of attaining the objectives described.

The systems themselves shall be made and managed in accordance with the procedures set out in Minister for Economic Development Decree No 37 of 22 January 2008, in accordance with prevailing applicable technical standards, or to equivalent technical specifications, and using the products identified in applicable EU provisions, where present.

The technical specifications in the field of this decree are identified in Annex 2, which is an integral part of this decree.

Article 4
The technical fire prevention regulations provided in Annex 1, which is an integral part of this decree, are approved for the purpose of attaining the objectives described.

The systems pursuant to this decree shall be made and managed in accordance with the procedures set out in Minister for Economic Development Decree No 37 of 22 January 2008, in accordance with prevailing applicable technical standards, or to equivalent technical specifications, and using the products identified in applicable EU provisions, where present.

The technical specifications in the field of this decree are identified in Annex 2, which is an integral part of this decree.

Article 4

Use of firefighting products


they comply with the applicable European Union provisions;

if they do not fall within the scope of EU provisions, they comply with appropriate applicable national provisions that have already successfully completed the information procedure provided for in Directive (EU) 2015/1535;

if not contemplated by letters (a) and (b), they are legally authorised to be marketed in a Member State of the European Union or in Turkey, by virtue of specific international agreements reached with the European Union, legally manufactured in a Signatory State to the European Free Trade Association (EFTA) that is party to the Agreement on the European Economic Area (EEA), for use under the same conditions, that guarantee a level of fire safety equivalent to that set out in the technical standards attached to this decree.

The equivalence of the protection guaranteed by the firefighting products pursuant to subparagraph 2 is assessed, where necessary, by the Minister for the Interior, applying the procedures laid down by Regulation (EC) No 764/2008 of the European Parliament and of the Council.

Article 5
if they do not fall within the scope of EU provisions, they comply with appropriate applicable national provisions that have already successfully completed the information procedure provided for in Directive (EU) 2015/1535;

if not contemplated by letters (a) and (b), they are legally marketed in another EU Member State of the European Union or Turkey, or originating from an EFTA State signatory to the EEA Agreement and legally marketed there, for use under the same conditions, that guarantee a level of fire safety equivalent to that set out in the technical standards attached to this decree.

The equivalence of the protection guaranteed by the firefighting products pursuant to subparagraph 2 is assessed, where necessary, by the Minister for the Interior, applying the procedures laid down by Regulation (EC) No 764/2008 of the European Parliament and of the Council, and, from 19 April 2020, those provided for in Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State.

Article 5

Provisions for existing systems

Existing systems, with the exception of those indicated in subparagraphs 2 and 3, must be made compliant with the present provisions.

Systems that exist on the date of issue of this decree, that have a heat input exceeding 116 kW, and that are approved and/or authorised by the competent bodies of the National Fire Service on the basis of prevailing regulations need not be adapted, even if the heat input is increased, provided that this increase is no greater than 20 % of the heat input approved or authorised and provided this increase is only effected once.

Systems that exist on the date of issue of this decree, that have a heat input of between 35 kW and 116 kW, and that are implemented in accordance with prevailing regulations need not be adapted, even if the heat input is increased, provided that this increase is no greater than 20 % of the existing heat input, that this increase is only effected once, and that the increase does not bring the heat input above 116 kW.

Subsequent increases of the heat input made to the systems provided for in the subparagraphs above, or one-off increases that exceed the percentage limit indicated in the point above, or changes of supply type to gaseous fuel in systems with a heat input greater than 35 kW shall require adaptation to comply with the provisions of this decree. The related procedures must be activated for activities subject to fire prevention regulations.

Article 6
Existing systems, with the exception of those indicated in subparagraphs 2 and 3, must be made compliant with the present provisions.

Systems that exist on the date of issue of this decree, that have a heat input exceeding 116 kW, and that are approved and/or authorised by the competent bodies of the National Fire Service on the basis of prevailing regulations need not be adapted, even if the heat input is increased, provided that this increase is no greater than 20 % of the heat input approved or authorised and provided this increase is only effected once.

Systems that exist on the date of issue of this decree, that have a heat input of between 35 kW and 116 kW, and that are implemented in accordance with prevailing regulations need not be adapted, even if the heat input is increased, provided that this increase is no greater than 20 % of the existing heat input, that this increase is only effected once, and that the increase does not bring the heat input above 116 kW.

Subsequent increases of the heat input made to the systems provided for in the subparagraphs above, or one-off increases that exceed the percentage limit indicated in the point above, or changes of supply type to gaseous fuel in systems with a heat input greater than 35 kW shall require adaptation to comply with the provisions of this decree. The related procedures shall be activated for activities subject to fire prevention regulations.