The company AVANTGATES – SMOES srl aims to provide explanations on the European and Italian regulations governing the installation and automation of doors and gates (both motorized and manual).

So please take few minutes of your precious time, which can be  very important in order to acquire the correct knowledge of the complex and articulated fairly basic legislation that governs the matter.
Furthermore, all this could be useful to direct the buyer towards a correct Avantgates solution.

We count on your participation in the evolution of this document and remain at your disposal for any questions or concerns you wish to raise”.

The product "door or gate" is subject to comply with specific European Directives?

It is, also in the case of doors or gates manuals. We must still make a distinction between the Construction Product Directive and the Directive "machinery" to which a door or an automated gate may fall.

What is CE marking of a product?

It is attesting the conformity of the product with EU directives applicable made by the manufacturer. It is not to be considered a mark of quality.

The CE marking is mandatory?

Yes, for products falling within the scope of a specific directive transposed into Italian. It is so, for example for the products to which the "Machinery" directive applies.

Each machine must have a label bearing the CE marking? What needs to be reported on the rating plate?

Yes, as Annex I of the DPR 459/96 states: "... each machine must bear, legibly and indelibly with the following minimum information: manufacturer's name and address, the CE marking, designation of series or type possibly the serial number, the year of construction. "

It is required to deliver a copy of the Declaration of Conformity of the gate to the owner?

Yes! The statement must be kept in the technical file and a copy must be sent to the owner.

It must have enabled those who issue the declaration of conformity in accordance with Machinery Directive?

The declaration of conformity is the formal assumption of responsibility by the manufacturer of the machinery complies with the requirements of the applicable directives. It must be signed by the legal representative of the company or a person who notarized authorization to sign the declaration.

Who should receive the technical file of each "machine"?

The technical file must be created and maintained by the manufacturer for a period of at least ten (10) years from date of manufacture (date of installation of the door or motorized gate) and must be made available to the competent authorities when requested.

What are the EU directives Manufactured by applicable construction doors and gates?

The standard EN13241-1 (harmonized standard according to the Construction Products Directive and the Machinery Directive) which was published in the Official Journal of the European Union C 67/7 of 17 March 2004. From 1 May 2004 began the transition period in which the application is optional. From 1 May 2005 the application is mandatory.

What products apply to EN 13241-1?

It applies to all types of doors, both manual and motorized, used for the passage of people and vehicles in industrial, commercial and residential. The term "door" refers to all types of doors, over or sectional doors, gates, road barriers, shutters etc. Among the exclusions we are: manual pedestrian doors less than 6,25 m²; Power pedestrian doors (dealt with by prEN 12650-1); fire doors (dealt with by prEN 13241-2) and barriers used only for the passage of vehicles.

What are the main requirements of EN 13241-1?

The standard specifies safety and performance requirements of the doors; It prescribes that the manufacturer declares these features; It requires the performance of tests to demonstrate such characteristics (some with the intervention of a notified body). also requires that the manufacturer under control its own production to ensure that the performance measured on test specimens are maintained in current production.

It must be issued to the buyer also a Declaration of Conformity for products to construction?

For all products that fall under this legislation, the manufacturer or importer must issue the final customer a certificate of compliance with the above Guidelines. In EN 13241-1 is expected that the procedures for attesting the conformity of doors and Industrial, commercial and garage must be carried out according to the system "3", as defined in the Construction Products Directive. In the system 3 prompted a "Notified Body" for the initial type testing on the product. A notified body is a third party, typically a test laboratory which has obtained (in Italy) from the "Ministry of Production" notification and enabling activities' CE certification under Directive 89/106 / EC (Directive Products Construction).

The EN13241-1 standard applies to automatic?

No; none of the requirements applies directly to automatic mechanisms, in some cases they are otherwise involved indirectly.

What are the EU directives applicable to motorized doors and gates, or their members?

The directives applicable to motorized doors and gates are: • "Machinery" directive (89/392 / EEC): implemented in Italy by Presidential Decree 459 of '96; in force since 21.09.1996; • Construction Products Directive (89/106 / EEC): implemented in Italy by Presidential Decree 246 of '93, as amended by Presidential Decree 499 of '97. The directives applicable to the components, according to different types, are: • Electromagnetic Compatibility Directive (89/336 / EEC): implemented in Italy by Legislative Decree no. 476 of '92, and amended by Legislative Decree no. 615 of '96; • Low Voltage Directive (73/23 / EEC): implemented in Italy with Law 791 of 77 and amended by Legislative Decree no. 626 of '96; • R & TTE Directive (1999/5 / EC) on radio equipment and telecommunications terminals; implemented in Italy with Legislative Decree 269 of 9 May 2001.

To declare conform a door or a gate to the "Machinery" directive in such Regulations techniques you need to reference?

The August 1, 2002 have been published by UNI the Italian language versions of the European standards EN 12453 and EN 12445 (dated November 2000), which have so, from that date, officially replaced the old Italian norm. The two standards deal with "Doors & Industrial, commercial and garage - Safety in use of power operated doors". In particular, the UNI EN 12453 deals with the requirements for the use of security gates, while EN 12445 deals with test methods to be applied to the gates to demonstrate compliance with the requirements of UNI EN 12453.

If the automated gate is made by several people, who is the manufacturer and hence responsible?

Must in any case be a "prime contractor" which undertakes the task of issuing the EC declaration of conformity; He is therefore responsible for the automatic gate. Important !!! It is recommended to prime contractor not to take responsibility to certify a "machine", if a component forming part of the same, was devoid of regular Declaration of Conformity issued by the manufacturer. This for example could be the case of electrician who receives the order to automate a gate, where the iron structure was without regular Declaration of Conformity issued by the manufacturer. In that case, you become responsible for the "machine", without, however, in its technical file any document or statement notified body on the structure of the gate. Therefore in case of injury to the investigating body may request a document which does not possess.

Are there controls to installations of doors / automatic gates from the authorities?

In all areas subject to Legislative Decree no. 626/94 now replaced by Decree 81-2008, the competent authorities have the power to carry out checks. In general in all areas, in cases of a reasoned request (accident, complaint etc..), The competent authorities have the discretion to intervene.

There are penalties for those who break the rules?

Yes, if it is determined the non-compliance with European Directives. In case of accidents, such penalties may also be of Criminal character, as well as the Administrator.

How long the manufacturer is responsible for the system?

The contract, which regulates the relationship between the installer / maintainer and the customer, provides in favor of the latter, action for non-conformity and defects of the work that is prescribed in 2 (two) years from the day of delivery of the work (art. 1667 civil code). As far as the liability for defective products, the manufacturer is responsible for a period of 10 (ten) years from the date of manufacture (date of installation of the door / gate).

Maintenance is required? Who is responsible for lack of maintenance?

The maintenance of the "machine" (for which even the automatic doors and gates), must be performed according to the manufacturer in its maintenance plan, the maintenance is paid by the owner who becomes solely responsible for accidents and bad damage or lack of maintenance. The company SMOES Ltd. recommends that develops and implements a maintenance plan, following the instructions in the maintenance manual and following the indications of the EN 12635. In systems of buildings where it is applicable on the Legislative Decree no. 626/94, now replaced by Decree 81-2008 it is obligatory to carry out maintenance of the machines.

What responsibility does who performs an operation on a commissioned system before the entry into force of Presidential Decree 459/96?

According to Presidential Decree 459/96 of ordinary and extraordinary maintenance does not involve the application of the Machinery Directive to a product already placed in service before 21 September 1996. Conversely, if operations are performed modification of the product not within the ordinary and extraordinary maintenance, intervention takes the form of construction of a new car and then be multiplied by the DPR 459/96.

Whose behavior must be taken in the event that you should perform a modification work on a system put into service after the entry into force of Presidential Decree 459/96 and that does not respect the Machinery Directive?

Must inform the owner of the plant about the liability, civil or criminal, arising from non-compliance with the law for himself and for the installer. Before performing any operations necessary to bring it into line with the basic safety requirements established by law.

The maintenance technician who performs repairs on a component without CE marking is required to affix the CE marking?

It is not the task of the maintainer affix the CE marking on the components and the finished door. When necessary, the components must be replaced with others having the same characteristics and functions. The use of different components could constitute modification of the machine and, therefore, must make its adaptation to the laws / regulations in force at the time of the change. The only exception is the radio controls operating at frequencies now assigned to other services. in this case it is necessary to replace the products with others that use permitted frequencies.

If the customer does not want to install, for various reasons, the safety devices whose behavior should keep?

The company SMOES srl counts against the post after adequately informed of the risks run.

There is the possibility of getting a liberating document for the installation or the intervention of a plant out of the norm?

There is no chance of getting any release for both the Presidential Decree 459/96 and both the law 46/90; Article 7: "The installation firms are required to run the plant in a workmanlike manner using the materials aim also constructed in a workmanlike manner."

If a person buys in the supermarket a kit for automating a gate to be installed for private use must compile the Technical File, the declaration of conformity and affix the CE marking to the gate?

Yes, according to the Directive "machinery." They not include automation systems for garage doors for domestic use in individual units and with no automatic control if the producer of the automation kit declares that fully meets the requirements of EN 60335-2-95

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