Implementing Regulations

Implementing Regulations

Implementing Regulations for the Awarding and Holding of the Sewer Construction Quality Mark

 

1 Quality basis

The basis for the quality mark consists of the Quality and Test Specifications for the assembly and maintenance of drains and sewers. They are revised and updated in line with technological advances.

 

2 Award

2.1 The Gütegemeinschaft Herstellung und Instandhaltung von Abwasserleitungen und -kanälen e. V. - Güteschutz Kanalbau [Quality Association for the Assembly and Maintenance of Drains and Sewers - Sewer Construction Quality Protection] awards businesses, public institutions and engineering firms who perform, put out to tender and/or monitor the assembly and/or maintenance of drains and sewers the right, on application, to bear the "Assembly and maintenance of drains and sewers" quality mark.

 

2.2 The application must be made in writing to the managing director of the Gütegemeinschaft Herstellung und Instandhaltung von Adwasserleitungen und -kanälen e. V. - Güteschutz Kanalbau (registered in Bad Honnef). The application must be accompanied by a legally signed Certificate of Obligation (specimen 1).

 

2.3 The application will be considered by the Quality Committee. The Quality Committee tests the applicant’s services without prior notice in accordance with the Quality and Test Specifications. It may inspect the applicant’s premises and request and inspect the documents mentioned in the Quality and Test Specifications. It will prepare a record of the inspection results, a copy of which will be sent to the applicant as well as to the Executive Board of the Gütegemeinschaft. The Quality Committee may entrust suitable test engineers or test institutes of its choice with these tasks. The person entrusted with the inspection must prove his/her identity before commencing inspection. The costs of inspection are borne by the applicant.

 

2.4 If the result of the inspection is positive, the Executive Board of the Gütegemeinschaft awards the quality mark to the applicant upon the proposal of the Quality Committee. The award is evidenced by a certificate (specimen 2). If the result of the inspection is negative the Quality Committee will defer or reject the application. It must state the reasons for the deferment or rejection in writing.

3 Use

3.1 Quality mark holders may use the quality mark only for services that comply with the Quality and Test Specifications.

 

3.2 The Gütegemeinschaft alone has the right to have means of identifying the quality mark (metal stamping, embossed stamps, blocks, seals, seal marks, rubber stamps or similar) manufactured, to issue them or have them issued to users of marks and to determine in detail the type of usage.

 

3.3 The Executive Board may issue special provisions for the use of the quality mark in advertising and in the advertising of the Gütegemeinschaft in order to preserve the integrity of competition and prevent misuse of the mark. Individual advertising may not be prevented thereby. This is governed by the maxims of the integrity of competition.

 

3.4 The Quality Committee may, in consultation with RAL, determine the use of the quality mark in a variety of forms for different services.

 

3.5 If the right to use the mark has been irrevocably revoked, the award certificate and all means of identification of the quality mark are to be returned; there is no right to any reimbursement of costs.

4 Monitoring

4.1 The Gütegemeinschaft is entitled and obliged to monitor the use of the quality mark and compliance with the Quality and Test Specifications. The continuity of monitoring by suitable neutral test engineers or within the scope of a monitoring contract with a neutral inspection institute is to be demonstrated to RAL. The test engineers or inspection institutes must satisfy the applicable requirements and prerequisites for the licensing and commissioning of test engineers and test institutes. The Quality Committee revises and updates these in line with technological advances. These requirements are published and may be obtained from the office.

 

4.2 Every user of the mark is obliged to comply with the Quality and Test Specifications. Users must hold ready all acceptance certificates insofar as they concern the assembly and maintenance of drains and sewers. The Quality Committee or its representatives may inspect these documents at any time without prior notice and, if necessary, check the records for completeness. The user of the mark submits its quality assured services to the unannounced monitoring checks by the Quality Committee or its representatives in the scope and frequency laid down in the associated requirements of the Quality and Test Specifications. The user bears the costs of inspection.

 

4.3 The user of the mark must allow the inspector to inspect the business at any time during operating hours and to perform the inspection without hindrance. In addition, information may be obtained from customers in order to verify the completeness of the acceptance certificates.

 

4.4 If an inspection has a negative result or an objection to a service is raised, the Quality Committee will have the inspection repeated. The user of the mark may also demand a repeat inspection.

 

4.5 A record is to be made of each inspection. The Gütegemeinschaft and the user of the mark each receive one copy thereof. The consistency of quality and uniformity of standards in the inspections are guaranteed by the procedures laid down by the Quality Committee, regular training for the inspectors and their participation in meetings of the Quality Committee. If the Quality Committee is approached by third parties with complaints about services, the Quality Committee must advise the complainants that, in the case that a special inspection is performed, the complainant must bear the costs of inspection if the complaint is unjustified. If the complaint is justified, the costs are borne by the user of the mark.

 

4.7 For additional visits with repeat inspections as well as increased visits due to a decision of the Quality Committee, fees will be levied according to the schedule of contributions and fees.

 

4.8 If expressly defined in the specific construction contract, and hence with the consent of the contractor, the records of the inspections will also be made available to the client on request.

5 Penalties in the event of deficiencies

5.1 If deficiencies in the quality assurance are determined by the Quality Committee, the Executive Board will, on the proposal of the Quality Committee, imposes penalties on the user of the mark. These will depend on the severity of the deficiency and may comprise:

 

  1. Additional conditions within the scope of self-monitoring
  2. Reduction of the visit interval
  3. Warning
  4. Temporary or permanent withdrawal of the mark 

5.2 The measures listed under 5.1 may be combined with each other.

 

5.3 The user of the mark is to be heard before any measures are enforced.

6 Appeals

Users of the mark may file an appeal against penalties with the Quality Committee within four weeks of notification thereof by registered letter. A decision on the appeal must be given with grounds not later than within 3 months.

 

7 Re-award

If the right to use the mark had been withdrawn, it may be re-awarded not earlier than after 3 months. The procedure is governed by section 2. The Executive Board of the Gütegemeinschaft may impose additional conditions.

 

8 Amendments

These Implementing Regulations together with specimens (Certificate of Obligation, Award Certificate) are recognised by RAL. Amendments, including those of an editorial nature, require the prior written consent of RAL in order to have effect.