Sweeping monopoly

The sweeping monopoly , also known as the chimney sweep monopoly, is a regulation of the professional law for chimney sweeps in Germany, which has been partially abolished since 2008. Thereafter, the fireplace inspection may only be carried out by state-approved district chimney sweeps. Sweeping and other tasks can also be delegated to another chimney sweep.

history

After city fires , the first fire or fire ordinances emerged in the high and late Middle Ages . They were part of the general urban order, occurred increasingly since the 16th century, and then spread very quickly in the 17th century. The fire regulations were written and published by both the sovereign and the city authorities, and they were revised and reissued several times within a century.

Regular sweeping of the chimney was mandatory in these fire regulations . In a document dated August 4, 1578 , the city of Breslau issued sweeping districts for chimney sweeps in the city on the “Newly established fire regulations”. On April 2, 1727, King Friedrich Wilhelm I of Prussia issued an ordinance regulating the rules for chimneys, the construction of sweeping areas, the assessment of the fireplace and the liability of the chimney sweep in the event of damage.

On June 21, 1869, the trade regulations for the North German Confederation were introduced, in which Section 39 allowed the establishment of sweeping districts for chimney sweeps. The establishment of sweeping districts was therefore an “optional provision” that was used in very different ways. There were no uniform standards for the size of the sweeping districts and the sweeping wages were often not sufficient. Too many small communities had the ambition to have their "own" chimney sweep in their area.

On June 15, 1880, the decree of the Prussian Minister for Trade and Industry of May 14, 1880 regulating the chimney sweep was finally published in the German Reichsanzeiger . With this decree, the minister fundamentally advocated the sweeping district system for chimney sweeps.

The ministerial decree of February 5, 1907 in Prussia was then the legal basis for the formation of the all-round district for many years. The most important points were:

For the formation of sweeping districts, the interest of the fire police alone was decisive.
A sufficient income for the chimney sweep was required.
The district's ability to monitor was the limit to its size.
A check of the fireplaces using a rubbish book should take place every 5 years.
An applicant list was to be drawn up.
A secondary trade without express permission was excluded.
The sweeping fee could only be collected from the house owner.
The regional presidents were able to include fire assistance, fire inspection and building inspection as professional duties.

At that time, all German states in the Weimar Republic made use of the authority to set up sweeping districts , so that sweeping districts were in fact already established everywhere.

With the law amending the trade regulations for the German Reich of April 13, 1935, the previous provision of Section 39 of the trade regulations was changed and the establishment of sweeping districts was not only permitted, but now also prescribed and thus applied uniformly for the whole of Germany for the first time. After the Second World War, regulations for chimney sweeps took effect in the occupation zones , which finally resulted in the federal law on the regulation of chimney sweeps on January 22, 1952 . On July 10, 1969, the Federal Council approved the law on chimney sweeps . The new law, which also repealed the old still applicable paragraphs of the trade regulations, then brought a uniform chimney sweep law on a legal basis for the Federal Republic of Germany . The law, which expired in 2012, divided Germany into around 8,000 sweeping districts.

Today's regulation

An amendment to the Chimney Sweep Act was initiated by the European Commission as part of an infringement procedure . The reform of the chimney sweep law was passed in November 2008 ( Federal Law Gazette I p. 2242 ). The previous chimney sweep law expired on December 31, 2012. The law was replaced by the law on professional law and care in the chimney sweep trade of November 26, 2008.

The content of the new law is to split the old sweeping monopoly into two areas as of January 1, 2013:

State tasks in the sense of fire safety (technical control), the acceptance of new chimneys and the control of the dustbasket are still carried out by the authorized district chimney sweep in a sweeping district. A sweeping district is now advertised across Europe every 7 years. Since 2013, the district chimney sweep has had to carry out a fire place inspection at the houses every 3.5 years (previously every 5 years) and inspect the system from the combustion chamber to the chimney crown. He issues a fireplaces notice , which is subject to a fee , in which the sweeping, measuring and inspection work is also specified. This is regulated in §§ 13 ff. SchfHwG.
The chimney sweep work has been subject to competition since January 1st, 2013. In addition to the district chimney sweep, system mechanics for sanitary, heating and air-conditioning technology with additional qualifications will be able to take on appropriate sweeping and inspection work on fireplaces. Corresponding independent providers must, however, be registered with the Federal Office of Economics and Export Control (BAFA) and the Chamber of Crafts .

The sweeping monopoly thus continues to apply to the fireplace exhibition and has also been expanded to include the fireplace notification; only the subsequent sweeping, measuring and inspection work are liberalized. The fireplaces notice also incurs additional costs of € 12.50 (Section 6 Annex 3 No. 1 KÜO).

Individual evidence

↑ Free and sovereign tasks , website of the Federal Association of Chimney Sweepers

↑ History of the chimney and the chimney sweeping trade from the IXth to the 20th century, Gerhard Wagner, Düsseldorf 1987, p. 11ff

↑ Archived copy ( memento of the original from December 20, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2
^ Fuel mirror.de
↑ Draft Chimney Sweep Act 2008 (PDF; 592 kB)

Web links

[1] Free and sovereign tasks , website of the Federal Association of Chimney Sweepers

[2] History of the chimney and the chimney sweeping trade from the IXth to the 20th century, Gerhard Wagner, Düsseldorf 1987, p. 11ff