for more security and economic success
Today more than ever, entrepreneurs are required to market their company’s existing strengths and make the most of new opportunities to achieve success. The focus is clearly on the core business and the optimization potential here is often already exhausted. Further improvements can then only be achieved, if at all, with disproportionately high additional expenditure.
However, the situation is completely different when it comes to real estate issues. Issues such as maintenance, energy management or fleet management are usually neglected and seen as an annoying evil. Under these conditions, they can contribute very little to the economic success of the company. The result of this view is enormous inefficiency and liability risks.
However, more and more entrepreneurs are discovering this hidden “treasure” and improving their competitiveness through defined strategies and optimized structures, processes, competencies and systems in real estate management. On the one hand, they improve their overall economic efficiency and, on the other, they gain clarity about the existing liability risks of company management.
The penalties for administrative offenses are rather low, but the consequences under civil and criminal law in the event of a claim are much more painful.
The penalties can be very high, especially in the case of personal injury, and in the worst case can even threaten your livelihood.
Compliance with the legal conditions and requirements is therefore one of the elementary foundations for safe and legally compliant operation. In the course of the building permit procedure (for new buildings, conversions, extensions or changes of use), the legal conformity and the effects of the building project on the environment and neighbors with regard to noise, dust, odor or vibrations, among other things, are assessed, evaluated in accordance with the applicable laws (Building Code, state building regulations, Federal Immission Control Act) and, if necessary, reduced to a permissible level (through conditions). These conditions must be complied with at all times during operation.
Particularly if hazardous substances are manufactured, used or stored in a plant or are caused by fire, the requirements are even more stringent depending on the environmental impact (see Seveso III plants). For such facilities, the operator is obliged to draw up an accident prevention concept, a safety report and an emergency concept, keep them up to date and make them available to the authorities and the public. These risks are then taken into account by higher-level official measures (e.g. regional planning and zoning).
Waste management is an important issue for industrial and commercial companies, especially when hazardous substances are generated as waste. Here, it is crucial that the type, quantity, origin and whereabouts of the waste are precisely described and updated every 5 years at the latest when the waste management concept is created and updated (see state recycling management law – LKrWG). The advantage of the AWK is, on the one hand, the clarity gained about the material flow in the company, but above all, it serves to reduce costs by reducing the amount of waste and the hazardousness of the waste. In many companies, a professionally qualified waste management officer and a deputy must be appointed (in accordance with the Waste Management Officer Ordinance – AbfBeauftrV). This person keeps the waste management plan and the list of waste disposal companies up to date, monitors practical compliance with legal requirements and organizes the efficient implementation of waste disposal. Officially recognized further training must be completed every 2 years.
Another important topic is operator responsibility. The obligation to maintain “traffic safety” essentially stems from the Occupational Health and Safety Act (ArbSchG), the Workplace Ordinance (ArbStättV), the Industrial Safety Ordinance (BetrSichV ) and VDI 3810, which state that the operator of a building (the person who has the actual and legal ability to make the necessary decisions with regard to the safety of the facility) is responsible for preventing/avoiding personal injury and damage to property. By regularly inspecting his properties, the operator responsible gains a precise insight into the safety status and thus his liability risk. The interval between inspections depends on the age and condition of the building, the type and number of conversions, the number of people at risk and the intensity of use and should be carried out for the first time shortly after completion, then shortly before the end of the warranty period and then every two years. From an age of 10 years, an annual inspection is recommended.
Which systems require special attention in industrial and commercial enterprises?
The main topics here are fire protection, infrastructure, power supply and escape/evacuation. Here are the most important facilities
Fire protection
The following fire protection systems must be tested by a recognized test expert (in accordance with DIN EN ISO/IEC 17020) before commissioning and then every 3 years (in addition to inspection, testing and maintenance):
- Fire alarm systems (DIN 14675)
- Fire control systems (VDI 6010)
- Sprinkler systems (DIN EN 12845, VdS)
- Gas extinguishing systems (DIN EN 16750)
- Smoke and heat extraction systems (DIN EN 12101, DIN 18232)
- Pressure ventilation (DIN EN 12101)
- Risers (DIN 14461)
- Wall hydrants (DIN 14462, DIN EN 671)
- Radio systems for buildings (DIN 14024-1)
- Electroacoustic emergency systems (DIN EN 50849, VDE 0828-1:2017)
Any defects found must be rectified immediately.
Fire alarm systems must be regularly inspected (in accordance with ArbStättV, DIN 14675) by a trained person (building technician, sprinkler attendant, etc.) (daily – operating status, monthly – emergency power supply, quarterly – internal signal and alarm equipment – internally by e.g. building technician), periodically maintained and tested (by a certified specialist company) and additionally inspected every 3 years (by recognized test experts from an accredited inspection body – in accordance with DIN EN ISO/IEC 17020). Inspection body – in accordance with DIN EN ISO/IEC 17020) every 3 years.
The water or foam extinguishing systems (sprinkler systems) present in many buildings must be inspected regularly (at least once a week) by a trained person (in accordance with DIN EN 12845, VdS 2091). This mainly involves checking the function of the alarm system, water supply, water and compressed air pumps, alarm transmission (so-called TUS connection) and heaters. The system must be serviced and inspected every six months (by a certified specialist company) (interval to be defined in the risk assessment) and must also be inspected (by a recognized inspection expert from an accredited inspection body – in accordance with DIN EN ISO 9001:2000). Inspection body – in accordance with DIN EN ISO/IEC 17020).
The gas extinguishing systems usually installed in data centers, data archives, switchgear, etc. (effect through oxygen displacement, heat extraction or chem. Effects – Info DGUV 205-026) require particularly intensive supervision, testing and maintenance (in accordance with DIN EN 16750). As triggering can release a gas (e.g. CO², argon, inergen, chemical extinguishing agent) that is hazardous to humans (depending on the extinguishing gas used), the system requires comprehensive safety equipment (e.g. access protection, visual and acoustic alarm devices) and may only be operated by trained specialist personnel. The systems must be serviced and checked at least serviced and inspected at least once a year and additionally inspected every 3 years (by a recognized inspection expert from an accredited inspection body). Inspection body – in accordance with DIN EN ISO/IEC 17020).
Smoke and heat extraction systems (SHEVS) are often installed to reduce the risk of smoke obstructing escape in the event of a fire. connected to the fire alarm systems. Smoke extraction can be carried out thermally (e.g. openable skylight domes) or by a fan (pressurized ventilation). The systems must be continuously inspected (in accordance with DIN 12101, VdS 4020), serviced once a year and additionally inspected every 3-6 years by an expert from an accredited inspection body. Inspection body.
To prevent a possible flashover, the fire doors must function reliably and must be serviced every 12 installations.
Fire extinguishers must be freely accessible at all times and must be serviced every 2 years by a certified expert (in accordance with BetrSichV, DIN 14406, ASR A2.2, TRBS 1203). In addition, they must be subjected to an internal inspection every 5 years and a strength test every 10 years. Depending on the area of application, the appropriate extinguishing agent must be used (powder extinguishers make quite a lot of dirt and promote rust formation) – therefore foam and CO² extinguishers (ideal for electrical areas, be careful with CO² extinguishers in small rooms – risk of poisoning).
Electrical system
Electrical systems are essential for the electrical power supply, for the functioning of production facilities, communication and safety systems and therefore have top priority in terms of safety and reliability. Therefore, regular inspection (e.g. by thermography), the recurring and documented system inspection (the interval is defined in the risk assessment – in accordance with §3 BetrSichV) by a licensed specialist company. It makes sense (to maintain reliability and insurance cover) and is mandatory by law (in accordance with the Ordinance on Industrial Safety and Health – BetrSichV, DIN VDE 0100-600-6, DIN VDE 0105-100, DGUV 3). Furthermore, UPS systems (uninterruptible power supply – according to DIN VDE 0558), emergency power systems (e.g. diesel generators – according to DIN VDE 0100-200), reactive current compensation systems, transformer stations or photovoltaic systems (with further testing and maintenance obligations of the operator) can also be part of the electrical system.
Escape/evacuation
In the case of escape routes, care must be taken to ensure that the routes are kept clear (obstacles, fire load), correctly marked using pictograms (in accordance with DIN EN ISO 7010), that emergency exits are unobstructed and unobstructed (snow removal in winter) and that the route to the assembly point is safe. Furthermore, the function must be checked regularly and the annual maintenance of the escape route/safety lighting (in accordance with ArbStättV, DIN VDE 0108-100, DIN EN 50172, ASR A2.3 & A3.4) must be ensured. In addition, an expert inspection must be arranged every 3 years (in accordance with VDE 0108 & DIN EN 50172).
Evacuation must be organized internally (usually by a fire safety officer), each employee must be instructed and practiced regularly (at least once a year) together with the fire department. It is recommended that a number of observers (e.g. evacuation assistants, health and safety officers, fire safety officers, safety officers, etc.) are deployed to identify and eliminate weak points.
Infrastructure (logistics, supply and disposal)
Elevators are often an indispensable aid to the production process and require regular maintenance and testing to ensure their functionality. They must therefore be inspected by an authorized inspection body before commissioning and every 2 years thereafter (main inspection in accordance with BetrSichV, DIN EN 13015, DIN EN 81-28, TRBS 1201-4, TRBS 3121). or maintained in accordance with the manufacturer’s specifications (usually 4 times a year).
Industrial trucks (electric pallet trucks, forklift trucks) are essential for internal logistics. Many of these work tools are subject to recurring inspections (in accordance with DGUV 68, UVV) once a year (or more often in the case of higher utilization or in EX areas). Forklift trucks in particular require intensive attention, as the risk of injury and operational disruption is especially high in the event of a defect. For this reason, a basic qualification (forklift license) is also required before the employee is allowed to use them, just as appropriate instruction is required for many work equipment (see safety and health protection documents).
Other work equipment (e.g. power-operated doors and gates, lifting platforms, lifting tables, presses, punches, fitting ramps, slings, excavators, wheel loaders, access equipment, ladders or conveyor belts from 5m) are also (in accordance with DGUV Rule 100-500) subject to inspection at least once a year (at different intervals). must be inspected once a year (at different intervals).
For air conditioning and refrigeration systems (> 1.3kg refrigerant), an annual leak test and maintenance (in accordance with ChemKlimaSchutzV) incl. disinfection and cleaning of the fan coil units in the air conditioning units is more than advisable for reasons of hygiene (for air conditioning systems in accordance with VDI 6022) (shorter intervals may also be necessary).
Steam boiler and thermal oil systems are frequently used in thermal production processes. In this case, the statutory inspection specifications for boiler systems and the manufacturer’s inspection and maintenance specifications must be observed/complied with. A boiler attendant is required to operate the system. This person monitors the operation of the system, refills operating fluids, checks the water quality and safety equipment, carries out visual inspections and intervenes competently in the event of faults or dangerous conditions. The tests and inspections vary depending on the test level and part of the system (in accordance with the Pressure Equipment Ordinance – 14th ProdSV, Steam Boiler Ordinance – DampfV, TRBS 2141)
If a company restaurant is in operation, a grease separator is usually installed. This must be emptied regularly (every 14 days) and documented (proof of disposal) and maintenance must be carried out every 12 months (in accordance with AwSV, state-specific InDiVO). A general inspection is required every 5 years (in accordance with DIN EN 1825-2, DIN 4040-100).
If the company operates its own filling stations or workshops on its premises, mineral oil separators are usually prescribed. These must be expertly inspected on an ongoing basis and serviced at least every 6 months (according to AwSV, state-specific InDiVO). Systems of this type must be inspected and undergo a general inspection every 5 years (in accordance with DIN EN 858-1, DIN 1999-100).
Who should carry out the checks?
Most ongoing inspections can be carried out by in-house technicians if they have the appropriate qualifications (e.g. fire safety officer, waste officer, boiler attendant, etc.), as most defects/damage are easily recognizable to the naked eye/ear. However, when assessing the criticality of a defect, a specialist should always be consulted in case of doubt in order to avoid misjudgements.
All statutory inspections/maintenance should/must be carried out by a specialized or certified expert as they have the relevant detailed knowledge and the appropriate testing equipment. Expert inspections must be carried out by an inspection body accredited in Germany (in accordance with DIN EN ISO/IEC 17020).
Particularly in the case of possible criminal or insurance law issues, the facts should always be sufficiently documented with pictures or in writing (if in doubt, by a specialist company or expert) to ensure meaningful evidence in the event of damage or a dispute.
To meet this responsibility, at least when it comes to maintenance/inspection, and to avoid missing any more appointments in future, it’s best to download our MyBuilding24 app(for Android, for Apple) right away.
You can record all your devices and systems that require inspection and maintenance and manage the associated appointments there.
With a complete list of maintenance work available at all times, you are always on the safe side.
Glossary
Legislation:
Occupational Health and Safety Act – ArbSchG:
https://www.gesetze-im-internet.de/arbschg/
Workplace Ordinance – ArbStättV:
https://www.gesetze-im-internet.de/arbst_ttv_2004/
Ordinance on Industrial Safety and Health – BetrSichV:
https://www.gesetze-im-internet.de/betrsichv_2015/index.html
Occupational Safety Act – AsiG:
https://www.gesetze-im-internet.de/asig/index.html
Chemicals Climate Protection Ordinance – ChemKlimaSchutzV:
https://www.gesetze-im-internet.de/chemklimaschutzv/
Hazardous Substances Ordinance – GefStoffV:
https://www.gesetze-im-internet.de/gefstoffv_2010/BJNR164400010.html
Circular Economy Act – KrWG:
https://www.proenvi.de/recht/BUND/KrWG/KrWG.pdf
Waste Management Officer Ordinance – AbfBeauftrV:
https://www.proenvi.de/recht/BUND/Abfallbeauftragter/AbfBetrbV-Betriebsbeauftragter-Abfallbeauftragter.pdf
Federal Immission Control Ordinance – BImSchV:
https://www.proenvi.de/recht/Immissionsschutz/BImSch/4-BImSchV.pdf
Ordinance waterm.
Substances – AwSV:
https://www.gesetze-im-internet.de/awsv/
Pressure Equipment Ordinance – 14th ProdSV:
https://www.gesetze-im-internet.de/gsgv_14_2016/index.html
accredited testing laboratories – DIN EN ISO/IEC 17025:
https://www.dakks.de/de/pruef-und-kalibrierlabore-din-en-iso-iec-17025.html
accredited inspection bodies – DIN EN ISO/IEC 17020:
https://www.dakks.de/de/inspektionsstellen-din-en-iso-iec-17020.html
German Social Accident Insurance – DGUV Regulations Overview:
https://publikationen.dguv.de/regelwerk/
German Social Accident Insurance – DGUV Regulation 3:
https://publikationen.dguv.de/widgets/pdf/download/article/1052
BAUA – Technical rules for workplaces – ASR:
https://www.baua.de/DE/Angebote/Rechtstexte-und-Technische-Regeln/Regelwerk/ASR/ASR.html
BAUA – Technical rules for operational safety – TRBS:
https://www.baua.de/DE/Angebote/Rechtstexte-und-Technische-Regeln/Regelwerk/TRBS/TRBS.html
VDI Guideline – Indoor air technology – VDI 6022:
https://www.vdi.de/fileadmin/pages/vdi_de/redakteure/richtlinien/inhaltsverzeichnisse/2751070.pd
