Dear receiver, a representative of an authorized certifying body for production quality control,

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1 Drno YM15/629/2017 Subject: a message to authorised and approved bodies General information about the revision work of Finnish national building regulations: anticipation of the possible effects, resulting from the transition to new building regulations, to the national voluntary product approval procedures for construction products not covered by CPR (type approval decrees in center) Dear receiver, a representative of an authorized certifying body for production quality control, For your information, I m sure that most of you are already aware in relation to the Finnish National Building Code, and more specific the decrees concerning building, that these decrees are still under reformation process in line with the amendments to the Land Use and Building Act that entered into force in 2013 (958/2012). Revision is at the moment underway and should be finished this year. Some of regulation has already been renewed. Also rest of the so called base-decree proposals have been presented for public, in the sense that, they have been, or are at the moment, in circulation for comments. For example the decree proposal concerning Water supply and sewerage equipment of properties is at the moment in circulation for comments. Because the revision of the Finnish building regulations affects also the Finnish procedures for construction product approval, I m now approaching you all with this issue. Please notice that this message doesn t cover all the aspects it s meant to be an anticipation of the possible effects resulting from transition to new building regulations. I m open for any questions which may rise due to this reformation. We most politely emphasize that authorized bodies shall take into account, in the everyday actions, the new regulations and guidelines when they enter into force. Please keep in mind that it is now time to start anticipating the future regulations. This is essential because our national product approval procedures are for the purpose that they can be used to demonstrate that a construction product outside the scope of application of the CE marking meets the essential technical requirements. A little reminder of the context, the roles of the bodies in relation to type approvals: National procedures for construction product approval are voluntary approval procedures used in Finland for products, which are not covered by CPR and CE marking for product cannot therefore be used. There are three voluntary national procedures for the approval of construction products: type approval, verification certificate and certification of production quality control. In addition to these voluntary procedures, the building supervision authority can require that the performance of a construction product is certified on the construction site, if the fitness of the construction product for its intended use has not been certified in any other way and there is reason to suspect that the product does not fulfil the essential technical requirements set for construction works. Please notice that the role of a certifying body for production quality control is different than type approval body. Only type approval body is allowed to grant type approvals. The certification of quality control is a condition for type approval and this is why most of the authorization decisions from the Ministry of the Environment have a direct reference to a specific type approval decree. The actions of certification of quality controllers are needed when type approval decisions are being made and the terms of these decisions fulfilled. What concerns their more specific role in type approval process, the role depends on the type approval decree in question and the law in force. Of course the certification of

2 production quality control can also be used to confirm that the construction product is fit for the intended use, if type approval decree has not been granted or a verification certificate cannot be issued. Important message concerning the type approval decrees: The act that entered into force in 2013 (958/2012), in which the revision of our building code is based, effects also type approval decrees. Type approval decree requires that there is a decree in relation to the technical essential requirements for the specific construction product in question. These decrees have to be prepared simultaneously with type approval decrees. Type approval decrees, which have been given according to the former regulation in the Land Use and Building Act 13 are going to expire: this causes that most of the current type approval decrees are going to expire in the end of The ones which are not given according to the former 13, will stay also after the transition normally in force, for example ministry of the Environment Decree on the Type Approval of Weldable reinforcing steels and reinforcing steel nets. This results from the fact that according to the relevant transitional provisions, given in the mentioned amendment, most type approval decrees are going to expire because the regulation by which they have been given are going to expire in the end of The Ministry of the Environment underlines and prioritizes at the moment the preparation of the so called base-decrees concerning building, because the same issue resulting from the transition provisions concerns also them. We have to take into account in prioritization that the decrees concerning essential technical requirements, and also possible the product-specific requirements, have to be revised before, because they are the ground for the national product approval procedures; also in the future national procedures for product approval could be used to demonstrate that a construction product outside the scope of application of CE marking meets the requirements of the Land Use and Building Act. It is important for you as an authorized certifying body for production quality control to take the abovementioned into account when planning your actions and operation. One have to take into account this because type approval is only possible for product groups which have a specific type approval decree a large amount of the current decrees are not going to be applicable in the beginning of the year Shortly about the schedule in relation to the revision work of type approval decrees: First of all, The Ministry of the Environment is not going to grant specific type approval decision while the type approval decrees are in the process of revision. This is due to fact that the revision work concerning type approval is underway, and due to the fact, that actors have to be threated even-handedly. This is something we are strongly emphasizing in our revision work. Unfortunately we are not able to give any specific dates concerning the revision of type approval decrees. But what we can do at the moment is to present a suggestive schedule concerning our plans. Please notice that presented schedule and plan can change it however represents the best available information at the moment. Many of you have reached us in relation to the type approval decrees concerning PEX-pipes and flexible hoses. These new proposals have been in circulation for comments and in EU notification, but have been waiting the revision of the current base-decree. Base-decree (current D1) is at the moment in circulation for comments. This enables that the type approval decrees can be presented further for the products which have a strong relation to the mentioned base-decree and the presented requirements. These proposals (PEXpipes and flexible hoses) are planned to be presented in the summer Hopefully they will be applicable from the beginning of autumn. In addition to the above-mentioned there are also 15 more type approval decrees at the moment in the process of revision - they have also waited for the revision of the relevant base decree D1. These type

3 approval decrees are planned to be given in two waves. First wave, including type approval decrees for PEX pipe connectors, multilayer pipes, compression connectors for copper pipes, brass and copper pipe connections, copper pipes, shutoff valves and one-way valves are planned to be prepared into the final form in the autumn They are planned to be presented for circulation for comments in the summer 2017 and the final draft and notification should be carried in the autumn Presumption is that the first wave is accepted and published in the end of year They become after publishing applicable immediately. Unfortunately it is not possible to guarantee any specific date when they become applicable. One has also to take into account that plans can change; there might be a short gap in type approving of these product groups in the beginning of The second wave, which concerns the following product groups: PE pipes, PE pipe connectors, floor drains, water fixtures, water locks, stainless steel tubes and their connectors plus pipes and piping made of polypropylene, is planned to be given in the spring The planned time for circulation for comments is the upcoming autumn. After round of comments, there is going to be final preparation and notification which probably takes place in the end of So it seems that there is going to be a gap for these product groups. The reformation concerning the second wave of type approval decrees is planned to be carried through as soon as possible in Hopefully also these type approval decrees are applicable in the spring of We have given same information for the authorized type approval bodies. We have emphasized that all the type approval decisions, which have been given before the transition period expires, are going to be inforce as the Finnish legislation states. But when and if there is no type approval decree, it is not possible to give a type approval decision. This information has been given actively by the Finnish industry to the companies. During the transition period, the building supervision authority has the responsibility to evaluate how does the given type approval decrees correlate in the future with our new building regulations, which are now under revision. We want to emphasize that all bodies, especially type approval bodies, should be very straight and open with their customers (manufacturers) about the given type approval decisions, which have been given before expiration of the transition period and in cases where the current type approval decree is going to expire in the short run. As stated above the building supervision authority has the responsibility to evaluate how does the given type approval decrees correlate in the future with our new building regulations. The Ministry of the Environment has also asked a list from the authorized type approval bodies of which type approval decrees should be revised first. In other words, which type approval decrees are the most important ones and should be revised first from the point of view of usage, health and safety. The Ministry of the Environment takes this report into account when planning the schedule further. Unfortunately it is not possible to prepare all of the requested type approval decrees the same time we are preparing base-decrees. But this is something that clarifies in the autumn; analysis and clarification will be made in the autumn by the ministry. How does the expiration of type approval decrees affect to the authorization decisions to act as a certification of quality control? Please take the following information into account while planning your operations resulting from the transition to new building requirements. Some of you have a situation where the given approval to do these inspections in relation to certain type approval decrees expires in the end of the year The renewal of these approvals, which contains direct references to specific type approval decrees, is possible when there is a type approval decree in force. This means that these decisions are possible to be renewed during the type approval decree in question is in

4 force. In practice this means that these requests should be made as soon as possible, so that they can be processed, before the type approval decrees expire. After expiration this kind of decisions, with references to certain invalid type approval decrees are not possible to get. If your authorization has just been renewed and your authorization is in force also in 2018, you can normally continue to operate as a certification of quality controller in those type approval decisions which have been given before the type approval decree has been expired. Those type approval decisions, which have been given before the expiration of the current type approval decree, are going to remain in force as the specific type approval decision and the law states (Type approval is granted for a specific period of time, for a maximum of five years at a time ). So because there are going to be type approval decisions, also certification of quality control is needed; certification of quality control prerequisite for type approval. It is also worth of mentioning that this situation is same for the type approval bodies: authorization is only possible if there is a valid type approval. As a result type approval bodies can be authorized to grant type approvals when decrees are applicable. So if your authorization decision to act as a body for production quality control, which has a reference to a expiring type approval decree, is going to expire in the transition period for example in the end of 2017 or the beginning of 2018, it is possible to make new authorization decisions in relation to certification of quality control. Condition for the renewal is that there is a type approval decree in force. Decision, which has a reference to a certain type approval decree, to act as a certification of quality controller cannot be made when the relevant type approval decree isn t any more in force. These decisions are being made so that the actors are being threated evenhandedly. We also see that in practice there has to be authorized certifying body for production quality control for also the type approval decisions which have been given before the type approval has expired. We want to emphasize that this only concerns the decisions which have direct references to type approval decrees given with the authorization included in the former regulation in the Land Use and Building Act 13. For other parts authorization process of certification of quality controllers remains normal, in the sense that it is remains the same as it has been also until now, during the transition period. The Ministry of Environment is going to evaluate closer to the transition period, how the new building regulations will affect the given decisions to act as a type approval body, a body granting verification certificates and a certifying bodies for quality control. But this evaluation can unfortunately only be done when the transition to new building regulations is further. This procedure, which we literally tried to open above, is used before the final evaluation is made by the Ministry of the Environment, on how the new building regulations, as a whole, affect to the national product approval procedures and to the given authorization -decisions. The intention of this information is to give all the bodies, especially certifying body for production quality controllers and type approval bodies, a heads up of the effects resulting from the revision. We are open for your possible further questions or remarks of what kind of information you prefer to get future of the advance of the situation. The best way to contact directly me, if needed, is to present your question with an mikko.koskela@ym.fi (I m on holiday ). Please send applications, if needed, directly to our registry in the Ministry of the Environment Kirjaamo@ym.fi Best regards, Mr. Mikko Koskela Senior Officer Department of Build Environment

5 Applied regulations and more information: The Land Use and Building Act (132/1999), the essential technical requirements 117 The amendments to the Land Use and Building Act that entered into force in 2013 (958/2012) 13 Further provisions and guidelines concerning building are issued in the National Building Code of Finland: US/Land_use_and_building/Legislation_and_instructions/The_National_Building_Code_of_Finland The Act on the Approval of Certain Construction Products (954/2012): Please note that this is an unofficial translation; legally binding texts are those in Finnish and Swedish. Latest news proposals: