The Quality Housing Components. Certification Regulations

Transcription

1 The Quality Housing Components Certification Regulations February 1, 2005 Center for Better Living This document is a temporary English translation of the Quality Housing Components Certification Regulations. Please refer to the original Japanese version if necessary.

2 The Quality Housing Components Certification Regulations (Revised on February 1, 2005) Article 1 (Purpose) The purpose of these regulations is to promote development and dissemination of quality housing components by stipulating necessary items concerning the Certification of quality housing components by the President of the Center for Better Living (hereinafter referred to as the President ) (hereinafter referred to the Certification ), and thereby leading to the improvement of living standards and benefits for consumers. Article 2 (Definition) The meaning of the terms listed in the following items shall be as in the respective items under these regulations. 1) Housing components: Factory-manufactured units which form structural parts, interior or exterior finishing parts, or any of equipments of a residential building (including items attached to a residential building) 2) Quality housing components: Housing components that are granted the Certification by the President under these regulations 3) Standards for quality housing components: Standards which the President provides in accordance with certification requirements stipulated in Article 4 as a level to be satisfied by quality housing components (hereinafter referred to as certification standards ) Article 2-2 (The Advisory and Monitoring Committee for Quality Housing Components Certification) The President shall set up the Advisory and Monitoring Committee for Quality Housing Components Certification (hereinafter referred to as the Advisory and Monitoring Committee ) to discuss and monitor the system involved in the Certification of quality housing components (hereinafter referred to as the certification system ) and its nature of operation so that the certification system shall comply with social needs in an appropriate manner and ensure its fair operation. 2. The Advisory and Monitoring Committee shall, in response to inquiry of the President, discuss the following issues and submit a report. 1) Issues in regard to the nature of the certification system 2) Issues in regard to the operation of the certification system 3) Other important issues in regard to the certification system and its operation 3. The Advisory and Monitoring Committee may submit a recommendation to the President on the certification system and its operation in regard to the improvement of living standards and benefits for consumers. 4. The Advisory and Monitoring Committee shall monitor the certification system and its operation and express its opinion to the President. 5. The Advisory and Monitoring Committee shall consist of ten or more members. 6. The President shall appoint members of the Advisory and Monitoring Committee from among academic experts concerning housing components, representatives of consumers opinions, officials from related administrative bodies, and representatives of opinions from housing suppliers and housing components suppliers. 2

3 7. Necessary issues relating to the management of the Advisory and Monitoring Committee other than those stipulated in Clause 1 to Clause 6 shall be stipulated in the Managerial Regulation on the Advisory and Monitoring Committee for Quality Housing Components Certification, etc. Article 3 (Object of the Certification) The object of the Certification shall be housing components that contribute to increase benefits for consumers through the Certification. Article 4 (Certification requirements) Quality housing components must conform to the preceding article and all the following requirements. 1) Quality housing components shall provide superior functions and a comfortable living environment. 2) Quality housing components shall ensure excellent safety. 3) Quality housing components shall be of superior durability and manageability. 4) Appropriate installation shall be guaranteed. 5) Reliability of supply, quality assurance and service for maintenance shall be provided. Article 5 (Certification standards) The President shall establish certification standards by item, in advance for conducting the Certification, in accordance with the certification requirements stipulated in the preceding article. 2. Certification standards shall be established after hearing opinions of members of the Certification Standards Committee for Quality Housing Components (hereinafter referred to as the Certification Standards Committee ). 3. The President shall, when having established a certification standard, give a notice to evaluation bodies designated under Clause 1 of Article 23 or recognized under Clause 2 of Article 23 (hereinafter referred to as designated evaluation bodies, etc. ) and make a public announcement on the website of the Center for Better Living (hereinafter referred to as the CBL ). 4. Announcements mentioned in the preceding clause shall be made with announcement date and enforcement date of certification standards. Article 5-2 (Revision and abolishment of certification standards) The preceding clause shall apply mutatis mutandis to revision and abolishment of certification standards. 2. Change of name of quoted parts due to change of normative reference, change of name of an era, and other minor amendments of certification standards shall not apply to Clause 2 of the preceding article irrespective of the preceding clause. Article 6 (Certification of proposed housing components) Housing components that do not conform to certification standards mentioned in Clause 1 of Article 5 but conform to Article 3 and all the requirements stipulated in Article 4 (hereinafter referred to as proposed housing components ) shall be certified under the Certification Rules for Proposed Quality Housing Components established separately, irrespective of Article 9 and Article 10. 3

4 Article 7 (Additional certification standards) The President may establish standards by item to be added to certification standards (hereinafter referred to as additional certification standards ) concerning any of the following features that will lead to the realization of a better society. 1) Features contributing to conservation of the environment 2) Features contributing to the effective creation and utilization of existing housing as a social asset 3) Features contributing to the realization of a society where everyone including the elderly and the disabled can live comfortably 4) Features contributing to improve crime prevention 5) Other features contributing to the realization of a better society 2. Article 5(excluding Clause 1) and Article 5-2 shall apply mutatis mutandis to establishment, revision, and abolishment of additional certification standards. In this case, the term certification standards in Article 5 and Article 5-2 shall be replaced by additional certification standards. 3 Proposed housing components with any of the features itemized in Clause 1 shall be certified under the Certification Rules for Proposed Quality Housing Components established separately, irrespective of Article 9 and Article 10. Article 8 (Review of certification standards) The President shall review certification standards and additional certification standards as necessary, always giving consideration to improvement in performance of housing components, growing sophistication of customers needs, mounting social demands such as conservation of the environment, technical innovations, and development of new materials. Article 9 (Application for the Certification) Any company which engages in supply of housing components and desires to apply for the Certification (hereinafter referred to as an applicant ) shall submit a written application to the President, with the following information. 1) Name and address of an applicant, and name of applicant s representative 2) Item, name, and model of a housing component 3) Outline of a housing component 4) Type of features provided in an additional certification standard in case of application for the Certification based on a certification standard with an additional certification standard added 2. Written applications mentioned in the preceding clause shall be accompanied by the following documents. 1) An evaluation report 2) Design drawings and specifications 3) Test reports relating to performance evaluation of a housing component 4) Documents relating to installation of a housing component 5) Documents relating to supply of housing components 6) Documents relating to quality assurance and service for maintenance 7) Other documents stipulated in the Quality Housing Components Certification Rules (hereinafter referred to as the Certification Rules ) 3. Evaluation reports mentioned in Item 1 of the preceding clause shall be issued by evaluation bodies that meet one of the following requirements. 1) Evaluation bodies designated by the President under Clause 1 of Article 23. 4

5 2) Evaluation bodies recognized by the President under Clause 2 of Article The form of written applications mentioned in Clause 1 shall be stipulated in the Certification Rules. Article 10 (Evaluation) Designated evaluation bodies, etc. shall evaluate, from a specialist and technical viewpoint, conformity of housing components with the relevant standards, in line with the certification standards (including the certification standards to which additional standards were added; and so on in this article) with respect to performance of housing components, production quality control, and other items stipulated in the certification standards (hereinafter referred to as an evaluation operation ). 2. Designated evaluation bodies, etc. shall conduct tests which are necessary for evaluation mentioned in the preceding clause in accordance with ISO/IEC or system based on ISO/IEC Otherwise they shall require testing parties to conduct tests in accordance with ISO/IEC or system based on ISO/IEC Designated evaluation bodies, etc., shall issue evaluation reports concerning results of evaluation operations mentioned in the preceding clause to those who are requesting evaluation. Article 11 (Certification) When an application for the Certification is made under Clause 1 of Article 9, the President shall certify the housing component concerning the application if it conforms to the following items. 1) Housing components (excluding proposed housing components) shall conform to certification standards. 2) Housing components shall conform to additional certification standards if certification standards are applied. 2. In carrying out the Certification of the preceding clause, the President may hear opinions of the Certification Standards Committee, if necessary. 3. The President shall inform an applicant when the President has conducted the Certification or has not conducted the Certification with a documentation of the detailed results of assessment. 4. The President shall issue a certificate to an applicant when the President has conducted the Certification. 5. The President shall make a public announcement of the Certification granted in accordance with the Certification Rules and also notify to that effect the designated evaluation body, etc. which performed the evaluation. Article 12 (Validity period of the Certification) The Certification is valid until the last day of the fifth fiscal year (from April 1st to the following March 31st) of the Certification, and unless renewal is made within this period, the Certification will become null and void. 5

6 2. Article 9 (excluding Item 1 of Clause 2) and Article 11 shall apply mutatis mutandis to renewal of the Certification mentioned in the preceding clause. In these cases, the words certification standards mentioned in Item1, Clause 1 of Article 11 shall be replaced by certification standards which were effective on the last day of the previous fiscal year of the application (when deemed necessary, the President determines another day separately), the words additional certification standards mentioned in Clause 2 of the same article shall be replaced by additional certification standards which were effective on the last day of the previous fiscal year of the application (when deemed necessary, the President determines another day separately). 3. Clause 1 and Clause 2 shall apply mutatis mutandis to the Certifications that have been renewed under Clause 1 (including when Clause 1 has been applied mutatis mutandis in accordance with this clause). 4. When deemed necessary for smoother implementation of the Certification, the President may extend the validity period of the Certification for a term not exceeding one year after hearing opinions of the Certification Standards Committee irrespective of Clause 1 (including when the preceding clause has been applied mutatis mutandis). 5. When the President extends the validity period of the Certification under the preceding clause, the President shall make a public announcement in accordance with the Certification Rules. 6. When the validity period of the Certification has been extended under Clause 4, the validity period of the Certification after renewal shall be determined separately by the President irrespective of Clause 1 applied mutatis mutandis to Clause 3. Article 13 (Indication etc. of quality housing components) Certified companies shall indicate on certified housing components the fact that they are quality housing components. 2. Indication mentioned in the preceding clause shall be effected by affixing the BL label distributed by CBL to the housing components. 3. When the President deems it necessary, indication mentioned in Clause 1 can be applied by a method other than affixing the BL label, irrespective of the preceding clause. 4. Certified companies shall endeavor to indicate using the BL label in printed materials, electronic information media, etc. relating to the certified housing components, the fact that the relevant components are quality housing components. 5. If housing components have been certified as complying with certification standards to which additional certification standards were added, certified companies shall endeavor to indicate this fact on the relevant housing components or in printed materials, electronic information media, etc. relating to the relevant housing components. 6. The method of indicating the BL label mentioned in Clause 2 to Clause 5 shall be in accordance with the BL Label Distribution and Attachment Rules established separately by the President. 7. Certified companies shall give indications mentioned in Clause 1 to Clause 6 above properly. 6

7 Article 14 (Notification of modification) Certified companies desiring to modify information (excluding minor modifications) itemized in Item 2 and Item 3, Clause 1 of Article 9 (hereinafter referred to as modification applicants ) shall obtain approval of the President in advance. 2. Certified companies that have modified information itemized in Item 1, Clause 1 of Article 9 or information itemized in Item 2 and Item 3 of the same clause (provided that the modification are minor) (hereinafter referred to as modification notification parties ) shall notify the President to that effect immediately. 3. When the President gives approval under Clause 1 or receives notification under the preceding clause, the President shall notify to that effect the modification applicant (or the modification notification party when notification under the preceding clause was received) and the designated evaluation body, etc. which performed the evaluation in accordance with the Certification Rules. Article 15 (Instruction to modification) When deemed necessary in order to improve either performance or quality control on production of housing components (hereinafter referred to as performance, etc. ), the President may instruct certified companies to make modifications to the performance, etc. of the relevant certified housing components, determining the period in which the modification shall be made. 2. Instructions under the preceding clause given shall be notified to certified companies in writing. 3. The President shall inform the designated evaluation body, etc. which performed the evaluation that a notification under the preceding clause has been given. 4. When a certified company modifies performance, etc. of housing components in accordance with an instruction under Clause 1, the preceding article shall apply mutatis mutandis. Article 16 (Discontinuation of supply of quality housing components) When a certified company discontinues or suspends supply of certified items and models in whole or in part, it shall notify the President to that effect in advance. 2. When the President receives a notification under the preceding clause (excluding those cases where supply of certified items or models has been discontinued in whole), the President shall notify to that effect both the certified company who submitted the notification and the designated evaluation body, etc. which performed the evaluation, and announce publicly in accordance with the Certification Rules. Article 17 (Investigation by the President) When deemed necessary with respect to the Certification or indication of quality housing components, the President may conduct an investigation by instructing an applicant or a certified company to submit reports or documentation, or by carrying out an inspection of an applicant or a certified company. 2. When deemed necessary based on results of an investigation under the preceding clause, the President may instruct an applicant or a certified company to take corrective measures. 7

8 3. When deemed necessary, the President may request an applicant or a certified company to announce publicly facts and circumstances concerning an investigation under Clause 1, together with details of measures mentioned in the preceding clause. 4. When public announcement under the preceding clause is not carried out or deemed necessary in particular, the President may announce publicly results of an investigation under Clause 1, together with details and implementation of measures under Clause 2. Article 18 (Withdrawal, etc. of the Certification) Upon receiving a notification of discontinuation of supply of certified items or models in whole under Article 16, the President shall withdraw the Certification concerning the relevant notification. 2. If any of the following items applies to a certified company, the President may withdraw the Certification. 1) When it becomes clear that the Certification has been obtained through fraud or other dishonest means; 2) When certified housing components have not been supplied for one year or more; 3) When a modification to performance, etc. instructed by the President under Article 15 has not been made within the determined period; 4) When a certified company does not comply with an instruction under Clause 2 of the preceding article; 5) When an act of bad faith such as supply of housing components markedly different from contents in an application submitted for the Certification has been found with respect to business; 6) When it becomes clear through an investigation under Clause 1 of the preceding article that there has been a violation of Clause 7 of Article 13; 7) When a certified company goes bankrupt and it becomes clear that the company will not recover; 8) When a certified company fails to remit to CBL the fees stipulated in Article 26; and 9) When certification of overseas certified housing components stipulated in Clause 2 of Article 21 by an agreement body stipulated in the same clause is suspended or withdrawn 3. The President may suspend the Certification for a specified period of time if a certified company falls into any of the following cases: 1) When there is a possibility that the Certification has been obtained by fraud or other unfair means; 2) When a certified company receives instructions mentioned in Clause 2 of the preceding article; 3) When there is a possibility of an act of bad faith such as supply of housing components markedly different from contents in an application submitted for the Certification was performed with respect to business; 4) When there is a possibility that a certified company has violated provisions of Clause 7 of Article 13; 5) When there is a possibility that a certified company goes bankrupt and never revests; 6) When certification of an overseas certified housing components stipulated in Clause 2 of Article 21 by an agreement body stipulated in the same clause is suspended; and 7) Other cases when an urgent measure is required to protect the interests of consumers 4. When the President has withdrawn or suspended the Certification under Clause 1 to Clause 3, the President shall notify the certified company and the designated evaluation body, etc. 8

9 which performed the evaluation to that effect, and make a public announcement in accordance with the Certification Rules. 5. When a notification mentioned in the preceding clause is received, the quality housing component certificate stipulated in Clause 4 of Article 11 must be returned to the President and the supply of the relevant housing components as quality housing components must be discontinued or suspended. Article 19 (Succession) When a certified company transfers operations relating to supply of certified housing components in whole, a company receiving such transfer of operations (hereinafter referred to as a successor ) shall inherit the Certification. 2. After a succession mentioned in the preceding clause, a successor mentioned in the preceding clause shall promptly submit a notification under Clause 2 of Article 14. Provided that a succession mentioned in the preceding clause is accompanied by a change in information stipulated in Item 2 or Item 3, Clause 1 of Article 9, Clause 1 of Article 14 shall apply. Article 20 (Maintenance of the Certification) Certified companies shall periodically undergo verification of maintenance (hereinafter referred to as surveillance ) of the Certification. 2. Surveillance mentioned in the preceding clause shall be performed by the designated evaluation body, etc. that issued the evaluation report relating to the relevant the Certification. 3. Designated evaluation bodies, etc., shall, prior to the start of every fiscal year, draw up an implementation plan for that year relating to surveillance mentioned in Clause 1 and submit it to the President. 4 Any modifications to an implementation plan mentioned in the preceding clause (excluding minor changes) shall be submitted to the President without delay. 5 When surveillance mentioned in Clause 1 has been performed, designated evaluation bodies, etc., shall report to the President to that effect. 6. When deemed necessary, the President may request applicants or certified companies to submit reports or data or may investigate applicants or certified companies. Article 21 (Mutual certification agreement) The President may conclude agreements with bodies conducting certification of housing components overseas, concerning mutual acceptance of quality housing components and certified housing components by the body overseas. 2. Housing components that were certified by a body that has concluded an agreement with the President under the preceding clause (hereinafter referred to as an agreement body ) shall be evaluated in accordance with the agreement and appended documents, irrespective of Clause 1 of Article Surveillance of products that are granted CBL s Certification as housing components certified by an agreement body (hereinafter referred to as housing components certified overseas ) and products that are granted an agreement bodies certification as quality housing 9

10 components (hereinafter referred to as overseas certified quality housing components ) shall be verified in accordance with the agreement and appended documents, irrespective of Clause 3 and Clause 4 of Article With regard to application of the provisions in the Regulations relating to overseas certified housing components, the words the designated evaluation body, etc. which performed the evaluation mentioned in Clause 5 of Article 11, Clause 3 of Article 14, Clause 3 of Article 15, Clause 2 of Article 16 and Clause 4 of Article 18 shall be replaced by the designated evaluation body etc. which performed the evaluation and the agreement body which performed the certification, the words the designated evaluation body etc. that issued the evaluation report relating to the relevant Certification mentioned in Clause 2 of the preceding article shall be replaced by the agreement body that performed the certification, and the words designated evaluation bodies, etc. mentioned in Clause 5 of the preceding article shall be replaced by agreement bodies. Article 22 (The Certification Standards Committee) The President shall set up the Certification Standards Committee to discuss the items that subject to its authorities in accordance with Clause 2 of Article 5, Article 6, Clause 2 of Article 11, and Clause 4 of Article The Certification Standards Committee shall consist of ten or more members. 3. The President shall appoint members of the Certification Standards Committee from among academic experts concerning housing components, representatives of consumers opinions, officials from related administrative bodies, and suppliers of housing and housing components. 4. Necessary issues relating to the management of the Certification Standards Committee other than those stipulated in Clause 1 to Clause 3 shall be stipulated in the Managerial Regulation on the Advisory and Monitoring Committee, etc. Article 23 (Designation of evaluation body) The President shall designate evaluation bodies through application by parties seeking to perform an evaluation operation mentioned in Clause 1 of Article 10 (excluding parties seeking to perform an evaluation operation at offices abroad). 2. The President shall recognize evaluation bodies through application by parties seeking to perform an evaluation operation mentioned in Clause 1 of Article 10 (provided that parties seek to perform an evaluation operation at offices abroad). 3. Applications mentioned in Clauses 1 and Clause 2 shall be made specifying scope of items for which applicants seek to perform an evaluation operation (hereinafter referred to as scope of evaluation ). 4. Designation in Clause 1 and recognition in Clause 2 (hereinafter referred to as a designation, etc. ) shall be implemented in regards to evaluation bodies satisfying the following requirements. 1) Evaluation bodies shall possess organizational administrative structure for ensuring the fairness of an evaluation operation. 2) Evaluation bodies shall possess financial stability and management resources enough to conduct an evaluation operation in an appropriate manner. 3) Evaluation bodies shall possess personnel with technical knowledge and experience enough to conduct an evaluation operation in an appropriate manner. 10

11 4) Those who conduct an evaluation operation shall not be affected by commercial, financial, and other types of pressures which may have an influence on evaluation results. 5) In case that other operations than an evaluation operation are conducted, the operations shall not interfere with fair implementation of an evaluation operation. 6) In case that evaluation bodies commission a part of an evaluation operation to outsiders, not only they shall be clarified that the commission shall not interfere with fair implementation of an evaluation operation, but also the evaluation bodies shall take full responsibility for an operation to be implemented on the commission. 5. When a body is designated or recognized, the President shall notify the applicant to that effect and also make a public announcement in accordance with the Quality Housing Components Evaluation Bodies Designation Rules (hereinafter referred to as the Designation Rules ). 6. Detailed rules relating to designation, etc. of evaluation bodies other than Clause 1 to Clause 5 shall be stipulated in the Designation Rules. Article 24 (Dissemination of quality housing components) The President shall take necessary measures for dissemination of and information management on quality housing components. 2. Necessary items relating to dissemination of and information management on quality housing components shall be stipulated in the Dissemination Rules for Quality Housing Components. Article 25 (Complaint procedure) The President shall properly deal with complaints and inquiries from consumers and manufacturers, etc. relating to quality housing components and other matters concerning the Certification. Article 26 (Fee) Those who are listed in the following items shall pay to CBL the fee which the President determines separately considering actual expense as cost listed in respective items. 1) Applicants (including applicant for renewal of the Certification): cost for procedure for the Certification or renewal of the Certification 2) Modification applicants or modification notification parties: cost for procedure for modification under Clause 1 or Clause 2 of Article 14 3) Certified companies: cost for information management under Clause 1 of Article 24 Article 27 (Miscellaneous provisions) Matters not stipulated in these Regulations may be stipulated separately by the President. 1. The revised version of these regulations is effective from April 1, The Enforcement Rules of the Quality Housing Components Certification Regulations, Ways of Working on the Quality Housing Components Certification and the Rules on Assessment Costs for the Quality Housing Components Certification are hereby abolished. 11

12 3. When implementing the revised regulations, housing components that have been certified in accordance with the regulations prior to revision are regarded as quality housing components certified in accordance with the revised regulations during the period of validity of their Certification. 4. Housing components regarded as quality housing components in accordance with the provisions of the preceding Clause shall be as hitherto, and the provisions of Article 3, Article 15, and Article 21 after revision shall not apply. 5. Quality housing components for which application for the Certification was made in accordance with the Regulations prior to the coming into effect of this revised version, shall remain subject to the previous regulations. 1. The revised version of these regulations is effective from September 12, The revised version of these regulations is effective from November 5, The revised version of these regulations is effective from December 9, The revised version of these regulations is effective from April 1, Article 1 (Enforcement date) The revised version of these regulations is effective from December 16, Article 2 (Interim measure) The Certification Standards General Rules established in accordance with the regulations prior to their revision shall remain effective after revision until a date determined by the President. Article 1 (Enforcement date) The revised version of these regulations is effective from April 1, Article 1 (Enforcement date) The revised version of these regulations is effective from July 1,

13 Article 1 (Enforcement date) The revised version of these regulations is effective from February 1, However, Clause 3 of Article 18 (excluding Item 6) is effective from April 1, Article 2 (Abolishment of the Certification Standards Enactment Rules for Quality Housing Components) The Certification Standards Enactment Rules for Quality Housing Components is abolished. 13