136
ACT OF THE NATIONAL COUNCIL OF THE SLOVAK REPUBLIC
dated 26th June 1995
on professional competency for selected activities in construction and
on amendment and complementing of Act number 50/1976 Collection of Laws
on Spatial Planning (Building Act) in wording of later regulations
The National Council of the Slovak Republic has passed the following Act
:
Section I: General Provisions
Article 1: Purpose of this Act
This Act specifies the manner of obtaining and extinction of professional
competency for selected activities in construction 1) (hereinafter
only "professional competency").
Article 2
Professionally Competent Persons
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A professionally competent person is that person who is entered in the
register of professionally competent persons (hereinafter only "register")
(Article 7).
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A professionally competent architect is that person that is authorised
to work out spatial planning supporting materials, spatial planning documentation,
design surface structures, execute activities of the construction supervision
(Article 2 paragraph 4) and who is entered in the register (Article 7).
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A professionally competent engineer is that person, who is authorised to
design structures, to work out spatial planning supporting materials, to
participate in working out of spatial planning documentation, to execute
static calculations of bearing constructions of structures, to carry out
an activity of a construction manager and activities of construction supervision
or to carry out research, testing and diagnostics of structures and is
entered in the register (Article 7).
-
A professionally competent technician is that person, who is authorised
to design simple and minor structures 2) except for the structures
for human habitation3) or to authorise activities of a construction
manager, activities of construction supervision and has been entered into
the register (Article 7).
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The scope of professional competency will be specified to the applicant
who has passed the specialised examination (hereinafter only "examination")
by the competent examination board on basis of the supporting materials
or documentation submitted by him/her.
Article 3
Professional Competency
Professional competency is summary of theoretical knowledge, practical
experience, knowledge of generally binding legal regulations and technical
standards that are necessary for execution of selected activities in construction.
Acquirement and Extinction of Professional Competency
Article 4
Examination
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Everyone will be admitted to the examination who
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fully capacitated to legal acts
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has permanent residence on the area of the Slovak Republic or permit for
permanent or long time residence on the area of the Slovak Republic
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has acquired education and experience
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is unimpeachable
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As required education is considered to be the following
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for a professionally competent architect under Article 2 paragraph 2 university
qualifications in the field of architecture
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for a professionally competent engineer under Article 2 paragraph 3 university
qualifications of civil engineering concentration and in case of technological
or energy equipment for structures and networks for transmission of energy
and telecommunication networks, appropriate secondary school qualifications
of technical concentration.
-
As required experience is considered to be experience in the field, which
is the object of the examination
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for a professionally competent architect and for a professionally competent
engineer at least five years
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for a professionally competent technician at least eight years
-
As required qualifications under paragraph 2 the examination board (Article
5 paragraph 4) can recognise also other education in case of a person,
who has had experience of at least ten years and demonstrated the necessary
competence (Article 3).
Article 5
Examination Board
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An examination for demonstrating of professional competency for working
out of spatial planning supporting materials and spatial planning documentation
is being passed before the examination board at the Slovak Chamber of Architects.4)
-
An examination for demonstrating of professional competency for working
out of spatial planning supporting materials and participating in spatial
planning documentation is being passed before the examination board at
the Slovak Chamber of Civil Engineers.5)
-
An examination for demonstrating of professional competency for static
and dynamic calculations for constructions of structures, performance of
activities of the construction manager and for execution of activities
of construction supervision, for research, testing and diagnostics of structures
is passed before the examination board at the Slovak Chamber of Civil Engineers.
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An examination for demonstrating of professional competency for design
of structures and for execution of activities of construction supervision
is being passed before the examination board at the Slovak Chamber of Architects
or before the examination board at the Slovak Chamber of Civil Engineers
according to the specialised education of the applicant.
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For passing of an examination the minister of the environment, after having
deliberated it with the Slovak Chamber of Architects and the Slovak Chamber
of Civil Engineers (hereinafter only "Chamber"), will appoint an examination
board consisting of prominent specialists from theory and practice.
Article 6
Re-examination
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On basis of the proposal of the Ministry of Environment of the Slovak Republic
(hereinafter "Ministry"), competent central institution of state administration
6) or Chamber, the examination board will re-examine the professionally
competent person that has made significant faults of professional character
in execution of selected activities in construction.
-
A professionally competent person that at least for five years has not
been performing selected activities in construction, for which s/he has
professional competence, is obligated to notify to the Chamber that s/he
has not been executing the selected activities within the stated period.
If after this period s/he wants to continue in the selected activities
in construction, s/he is obligated to request the examination board at
the appropriate Chamber for re-examination.
-
On basis of the proposal of the Ministry of Environment of the Slovak Republic
or competent central institution of state administration7) the
examination board will re-examine the professionally competent person if
there appeared principal changes in legal regulations concerning selected
activities in construction.
-
For re-examination the provisions of Article 4 apply adequately.
Register
Article 7
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Register is a public list into which the persons that have passed the examination
are being entered.
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Register is kept by the appropriate Chamber.
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Every major person can have a look into the register and make excerpts
from it.
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The following is entered into the register
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name and surname
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personal number
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address of the permanent residence or as the case may be of long time residence
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name and address of office, place of work or studio
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form of execution of the selected activity (Article 13 paragraph 1)
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scope of professional competence
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date of passing the examination
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date of issuance of certificate on professional competence
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time period for which the professionally competent person is being entered
into the register (Article 8 paragraph 3b)).
-
Professionally competent person is obligated to notify to the chamber the
changes in data under paragraph 4 within 15 days from the day when they
appeared.
Article 8
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The Chamber will enter the name into the register of everybody, who has
successfully passed the examination under this Act, within 15 days from
passing the examination. The entry into the register will be notified by
the Chamber to the Ministry within further 15 days.
-
If the Chamber does not act under paragraph 1 the applicant can request
the prosecutor’ s office to remove the inactivity of the Chamber.8)
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On basis of a written application the Chamber can enter into the register
also the name of the person that has passed
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a similar examination abroad and when the reciprocity of the entry under
international agreements of agreements between Chambers has been ensured
-
a similar examination abroad but the reciprocity of the entry under international
agreements of agreements between Chambers has been not ensured; the entry
will be executed by the Chamber for definite period.
Article 9
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The Chamber will delete from the register the following person
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who died or was declared to be dead
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who has been deprived of legal capacity or whose legal capacity has been
restricted
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who has applied for deletion in writing
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who has not been successful in re-examination
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who refused to participate in re-examination or avoids it in another way
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who has not fulfilled the notification obligation (Article 6 paragraph
2 and Article 7 paragraph 5),
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for whom the time of validity of entry expired (Article 8 paragraph 3b)),
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who has been effectually sentenced to unconditional imprisonment for wilful
crime in connection with performance of professional competency.
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The entry in the register and deletion from the register will be published
by the Ministry in its bulletin together with data under paragraph 1.
-
Against the decision on deletion from the register the relief can be filed
at the Court 9) by the person who has been deleted from the
register. A copy of the proposal will be delivered to the Chamber.
-
The decision on deletion from the register, which has not been examined
by the Court can be examined by the prosecutor on his/her own initiative
or on basis of a stimulus.10)
-
The decision on deletion from the register will be delivered by the Chamber
to the employer of the deleted person or to the Small Businesses Office
within 15 days from this notification or within 15 days from validity of
the decision of the Court.
-
The professional competence under this Act discontinues after the decision
of the Chamber or on basis of the validity of the decision of the Court
on deletion from the register.
Common Provisions
Article 10
Registration Number
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Each professionally competent person entered in the register has been assigned
a registration number.
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The registration number means order of the entry in the register, code
of scope of professional competence and the last two digits mean the year
of entry.
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The registration number is entered in the certificate of professional competence
and in the seal.
Article 11
Certificate of Professional Competence
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The certificate of professional competence will be issued by the Ministry.
It is signed by the minister of the environment of the Slovak Republic
or by him/her authorised representative and the chairman of the Chamber
or a representative authorised by him/her.
-
The certificate of professional competence (hereinafter only "certificate")
will be handed over to the person that has acquired the professional competence
by the Chamber within 30 days from the entry into the register.
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A certificate contains
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name and surname
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personal number
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registration number
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scope of professional competence
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date of issuance
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period of validity (Article 8 paragraph 3b))
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stamp of the official seal of the ministry and Chamber
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The certificate certifies authorisation necessary under special regulations.11)
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The certificate loses the validity on the day of deletion of professionally
competent person from the register.
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The person that has been deleted from the register is obligated to return
the certificate to the Chamber within seven days from the delivery of the
decision on deletion or within seven days from the validity of the decision
of the Court on deletion from the register.
Article 12
Seal
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Professionally competent persons, in activities executed under Article
13 paragraph 1 letter a) use for certifying of the truth of written documents,
which they have prepared, a stamp of their seal and a signature in their
own hand.
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The seal has round shape with the diameter of 36 mm. In the text of the
seal the name and surname with titles will be entered, denomination of
the acquired competency (architect, engineer, technician) and a registration
number.
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The seal will be ensured by the competent Chamber.
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The person that has been deleted is obligated to return the seal to the
Chamber within three days from delivery of the decision on deletion from
the register.
Article 13
Execution of Selected Activities in Construction
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The selected activities in construction can be, within the limits of the
acquired professional competency, executed :
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independently in one’ s own name and on one’ s own responsibility12)
or
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in the name and on the responsibility of a legal entity or a natural person
authorised to do business in construction
-
Design of structures under this Act can be executed in the name and on
the responsibility of a legal entity authorised to do business in construction
only in case when a professionally competent person has a position of a
partner13) under hitherto regulations14) in it that
guarantees for its liabilities by his/her assets or a position of an employee.
-
An employee of the institution of state administration cannot execute selected
activities in construction.
Article 14
Fees
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For an examination (Article 4), for re-examination (Article 6) and for
entry into register (Article 7) the applicant pays fees the amount of which
will be specified by the Chamber after an agreement with the ministry.
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The fees under paragraph 1 are revenues of the Chamber.
Article 15
Preliminary Provisions
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Validity of official certifications and issued certificates of special
competency expires after passing of one year from the efficiency of this
Act.
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Provision of paragraph 1 does not apply either to authorisation certificates
of authorised architects and authorised engineers or to appointing of responsible
geodetists under special regulations.15)
-
Until the date entered in paragraph 1 the hitherto official certifications
and issued certificates of special competency substitute an examination
under this Act if
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they explicitly authorise to selected activities in construction
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they were issued by the central institution of state administration on
basis of an examination passed before an examination board, which has been
appointed by an examination board
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their validity has not expired by passing the time for which they had been
issued
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Within 18 months from efficiency of this Act the legal entities and natural
persons who do business in construction under this Act can ensure execution
of activities of a construction manager and execution of activities of
construction supervision by persons that are have not been entered in the
register under this Act, if they have on the day of its efficiency
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secondary school education of civil engineering concentration and at least
five years experience in these activities
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university education of technical concentration and at least four years
of experience in these activities.
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A person that has acquired authorisation for design activities under special
regulation16) by an examination passed after 18th May 1990,
continually executes them according to it and fulfils other requirements
under this Act, can within 90 days from efficiency of this Act request
the Chamber for entry into the register (Article 7).A certified photocopy
of the certificate on special competency authorising to design activities
will be attached to the application.
-
After the fees for entry into the register have been paid, the Chamber
will enter the person entered in paragraph 5 into the register (Article
7) and will hand over to him/her a certificate on professional competency
(Article 11) and a seal (Article 12) namely at the latest within six months
from the efficiency of this Act.
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If the Chamber does not enter the name of the applicant into the register
under paragraph 6 within months from accepting his/her application, the
applicant will be notified about this and the reasons will be stated.
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After expiration of the time limit specified in paragraph 1 the legal entities
and natural persons doing business in construction can execute selected
activities in construction exclusively by means of professionally competent
persons.
-
Specialised examinations passed before the examination board before the
day of coming into force of this Act, meeting requirements specified in
it are considered to be examinations under this Act.
Section II
Act number 50/1976 Collection of Laws on Spatial planning and Construction
Order (Construction Act) in wording of the Act number 103/1990 Collection
of Laws and Act number 262/1992 Collection of Laws has been changed and
amended as follows :
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Article 43 has been omitted
-
In Article 44 inclusive the note concerning the reference2)
bellow line paragraph 1 reads :
-
For another builder only that legal entity or a natural person can build
that has authorisation for construction or assembly work under special
regulations2) and will ensure execution of activities of a construction
manager by a professionally competent person (Article 46a paragraph 2d)).".
The note below line to reference 2) reads :
"2) Article 2 paragraph 2 of the Commercial Code
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Articles 45 and 46 are omitted.
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In Article 46a paragraph 1 at the end of the sentence the work "(authorisation)"
is omitted.
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In Article 46a paragraph 2 reads :
"(2) Selected activities in construction for the purposes of this Act are
considered to be the following activities
-
working out of spatial planning supporting documents and spatial planning
documentation
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design of structures
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static calculations of bearing constructions of structures
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execution of activities of construction manager and execution of activities
of construction supervision
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research, testing and diagnostics of structures
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geodetic measurements for design activities and marking-out work."
-
In Article 46a paragraph 3 the word "authorisation" is replaced by words
"professional competence".
-
Behind Article 46a a new Article 46b is inserted, which inclusive the note
below line to reference 3) sounds:
"Article 46b
Basic Concepts
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Designing of structures is activity by which documentation of structures
or design documentation of structures necessary for proceedings under this
Act is being prepared.
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Static calculations of bearing structures of constructions are activities,
which demonstrate that safety of construction is in compliance with the
appropriate technical regulations.
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Activity of a construction manager is an activity, which ensures implementation
of construction and proper execution of work under design documentation
of construction and in accordance with requirements of a building permit.
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Activity of construction supervision is activity by which it is pursued,
whether the structure is being carried out according to design documentation
and according to conditions of building permit, whether safety, lives and
protection of health on the construction have not been endangered, whether
in execution of the structure endangering or damaging of environment above
the level enacted by special regulation 3) does not appear and
whether the public interests have not been endangered.
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Research, testing and diagnostics of structures are activities focused
on finding out of real state of the object, its required mechanical bearing
capacity, stability, fire safety, protection of health and environment,
hygienic requirements, safety during use, protection against noise and
saving of energy.".
The note below line to reference 3) reads :
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for persons that have certificate on professional competency under Article
46a and do not execute activities in compliance with this certificate a
signal for re-examination will be given to the construction authority.".
Section III
Cancelling Provision
The following has been cancelled:
-
Section II Act number 262/1992 Collection of Laws which amends and complements
Act number 50/1976 Collection of Laws on Spatial planning and Construction
Order (Construction Act) in wording of the Act number 103/1990 Collection
of Laws
-
Order of the Federal Ministry for Technical and Investment Development
number 8/1983 Collection of Laws on special Competence for some Activities
in Construction in wording of the Order of the State Commission for Scientific,
Technical and Investment Development number 73/1987 Collection of Laws
-
Order of the State Commission for Scientific, Technical and Investment
Development number 186/1990 Collection of Laws on Authorisation to Design
Activities.
Section IV
Force
This Act is in force from 1st July 1995
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