3. Actions Required by Manufacturers and Importers
The "Supplier Declaration" is the primary focus of the regime. Although there is no formal requirement for testing, the onus is on the supplier to be able to demonstrate in some way that the appliance or fitting complies with the safety requirements in the Regulations. The overall test is whether a court could be satisfied that the supplier has established compliance of the appliance or fitting.
The following guidelines are provided to set out the expectations on the supplier when completing the declaration. (Guidance on filling out the on-line form is given in Annex D). Appliance and specified fitting suppliers may wish to use a certification by a competent organisation as the basis for their Declaration, but in so doing must ensure that variations for New Zealand conditions have been adequately addressed.
- Appliances are required to comply with NZS 5262: Gas Appliance Safety: 2003, which sets out the essential safety requirements to be met.
- NZS 5262 lists some appliance standards that are considered to be means of compliance with these essential safety requirements.
- Other standards may be used provided the supplier is confident and can demonstrate that, by doing so, safety is not compromised.
- If no "means of compliance" standard is used, then there should be explicitly stated reasons for not doing so, and an assurance that the basis used for establishing compliance does not compromise safety.
- Variations for New Zealand conditions should be identified. Variations should recognise: —The New Zealand Gas Specification (including specific LPG compositions). —New Zealand climatic conditions.
- New Zealand seismic risks.
- Labelling requirements in NZS 5262.
- Other specific items that may be relevant in particular circumstances.
- Tests should be completed to establish compliance with the Standard for all tests for which:
- Compliance is not obvious without formal testing, or
- Compliance cannot be extrapolated from other tests.
- Tests should be done by a person or organisation who —Can demonstrate sufficient competence for the task, and —Can be demonstrated to have acted with integrity.
(Note: these expectations assume greater importance for tests that require an element of value judgement, or are not easily repeatable.)
- There should be adequate means of establishing that all product supplied meets or exceeds the compliance obligations. This might be achieved through: —Having a recognised quality assurance programme in place, or
- Having a sufficient product inspection regime in place, or
- Having processes that clearly offer a sufficient degree of repeatability.
All information necessary to demonstrate compliance must be documented and able to be presented to Energy Safety as a Compliance Folder, within 10 working days of request. The information in the compliance folder should be consistent with the above guidelines. The Compliance Folder need not be assembled before an appliance or fitting is supplied, but the supplier must be confident that all necessary information can be assembled within the time frame.
3.1 For appliances and specified fittings of which 11 or more are expected to be supplied (Tier 1)
- Ensure, for each appliance or specified fitting being supplied, that a Compliance Folder can be provided within 10 days of request (refer to the Guidelines in Section 3 and Annex D for the details to be declared).
- Register as a supplier, by going to the Energy Safety website Energy Safety website (Allow two working days for confirmation of the registration.) Instructions on completing the on-line registration are given in Annex C.
- Complete Supplier Declarations online, so that every appliance or specified fitting supplied by you is covered by a valid supplier declaration. Instructions on filling out the declaration form are given in Annex D.
- We suggest that you also print copies of your declarations to allow those to whom your appliances and specified fittings are supplied (e.g. retailers and gasfitters) to meet their obligation to be satisfied that a declaration has been made. This will also give consumers confidence in the compliance of appliances and fittings.
Manufacturers and importers are also encouraged to report to the Energy Safety Service (email: appliances@ess.govt.nz) any instances of apparent non-compliance of any appliances or fittings on the market.
3.2 For appliances and specified fittings of which less than 11 of the same type are expected to be supplied (Tier 2)
- Ensure, for each type of appliance or specified fitting being supplied, that a Compliance Folder can be provided within 10 days of request (refer to the Guidelines in Section 3 and Annex D for the details to be declared).
- Register as a supplier, by going to the Energy Safety website (Allow two working days for confirmation of the registration.) Instructions on completing the on-line registration are given in Annex C.
- Complete Supplier Declaration form, and provide a copy with every appliance or specified fitting supplied. An example form is provided in Annex B.
- Retain a copy of the declaration and the name and address of the person supplied with the appliance. This record must be retained for a period of seven years.
Manufacturers and importers are also encouraged to report to the Energy Safety Service (email: appliances@ess.govt.nz) any instances of apparent non-compliance of any appliances or fittings on the market.
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