The Question of Using Plastics in Chimney Flues on the Basis of Domestic and European Regulations Cover Image

Zagadnienie stosowania tworzyw sztucznych w przewodach kominowych w oparciu o krajowe i europejskie przepisy
The Question of Using Plastics in Chimney Flues on the Basis of Domestic and European Regulations

Author(s): Mateusz Tusiński
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: chimney flues; plastics; construction law; Construction Products Act; dangerous product liability

Summary/Abstract: Polish and European law regulate the question of using plastics in chimney flues in many pieces of legislation, the majority of which are ordinances. Polish lawmakers have adopted a very general approach to this problem, setting forth the requirement to use non-flammable materials in gas and smoke flues. The aforementioned provisions do not give sufficient grounds for offering a complete answer to the question the article explores. They are supplemented by the Construction Products Act. Careful attention should be directed to European legislation, including, in particular, Regulation No 305/2011. In accordance with the hierarchy of written laws, the above-mentioned piece of legislation is subject to direct transposition into the Polish legal order. Also important in the context of this issue is Decision No 96/603, which recommends the use of non-flammable products due to the fact that these products do not require fire resistance testing. This feature has prompted the lawmakers’ recommendation. In addition, Decision No 96/603 introduces a catalogue of materials whose use in producing flues determines qualifying a given product as class A. Lawmakers do not expressly refer to the prohibition of using plastics in chimney flues. However, the classification of materials that should be used for producing flues does not include plastics. Bearing this in mind, the question raised in the opening of this article should be answered in the negative.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 141-154
  • Page Count: 14
  • Language: Polish
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