Do you know if your comunnity gets all legal requirements about automatic gates?
WHAT DO YOU HAVE TO KNOW?
First of all, you have to know if the gate was installed before or after May 2005, the date when there were changes in the automatic gates regulations. From that moment, all installed gates have to be in order with regulations.
If the gates has been installed before that date and they didn´t have important changes in the security devices, gate structure… you keep in mind:
- If the installation was before May 2005, the gate has to be in order with Directivas de Máquinas (DM), Baja Tensión (DBT) y Compatibilidad Electromagnética (DCEM) regulations of that time.
- If the installation was after May 2005, it has to be in order with Directiva de Productos de Construcción (DPC) regulation. Then, it must to have the CE stamp and all the installations requierements.
AEPA, Asociación Empresarial de Puertas Manuales y Automáticas, has to inform users and proffesionals about regulations and CE stamp. Everything have to be in order with the law and requierements to the correct aplication of CE stamp in industrial and garage gates.
Likewise, from AEPA looks after the safety of all closing system and i it has to inform about the regulations.
We have to know that mecanic guarantee, of a community gate, comes from fabric and installation. It has to be review after some uses, and it has been informed by manufacturer, according UNE regulation.
Resposible person of “new” automatic gates has to control the compliance of DM, DBT and DCEM regulations.
The owner of the gate must to answer for damages to others, according at art. 1.902 Civil Code, when they come from actions or defaults.
If the gates doesn´t have the security devices according the sytem, it would be considered negligent by Courts and Tribunals. It would be negiglent if the onwer didn´t add the security devices to prevent the accident.
Also, the responability comes from art. 1.9047 Civil Code, where it says that building´s owner has to cover the reparations.
However, if we have a maintenace contract with a qualified company, we could drift the responsability of damage to them according art. 1.101 Civil Code . We have to prove that they reneged on their obligations, and they have to prove that they done everyting correctly.
Is it obligary to have a maintenace contract with a qualified company?
It´s not obligatory, but you could enjoy of some advantages if you get it.
UNE-EN 12635:2002 + A1: 2009 regulation informs that the manufacturer gives us the maintenace instructions, and some reparation and maintenance works have to be done by qualified companies.
You could contact with these qualified companies to do the annual maintenance but you don´t have to get a maintenance contract.
Maintenance contract frees the community of resposability of situations. When you sign the contract, the resposability goes to maintenance company.