Chimney Sweep Act

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Basic data
Title: Chimney Sweep Law
Short title: Chimney Sweep Act
Abbreviation: SchfG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Trade law
References : 7111-1
Original version from: September 15, 1969
( BGBl. I p. 1634 )
Entry into force on: 1st July 1969
Last revision from: August 10, 1998
( BGBl. I p. 2071 )
Last change by: Art. 17 G of April 3, 2009
( Federal Law Gazette I p. 700, 721 )
Effective date of the
last change: 		September 1, 2009
(Art. 23 G of April 3, 2009)
Expiry: January 1, 2013
(Art. 4 para. 4 G of
November 26, 2008)
Please note the note on the applicable legal version.
Ordinance on chimney sweeps of April 15, 1935

Chimney sweep law was a law in Germany , the chimney sweep being regulated. Among other things, it regulated the sweeping monopoly and the tasks of the district chimney sweeps. It was completely replaced on January 1, 2013 by the Chimney Sweep Crafts Act (SchfHwG).

history

Triggered by city fires, the first fire regulations or fire extinguishing regulations were created in the high and late Middle Ages . They were part of the general urban order, occurred increasingly since the 16th century and spread rapidly in the 17th century. The fire regulations were drawn up and published by the sovereign or city authorities. Some of them have been revised and reissued several times within a century. In some fire regulations, regular sweeping of the chimney was made mandatory. 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 that contained regulations for chimneys, the construction of sweeping areas, the assessment of fireplaces and the liability of the chimney sweep in the event of damage. On June 21, 1869 , the trade order for the German Reich was introduced, in which § 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. So there were no uniform standards for the size of the sweeping districts. This was sometimes not enough to be able to make a living from it full-time. Some small communities have had the ambition to have a local “own” chimney sweep. On June 15, 1880, the decree of the Prussian Minister for Trade and Industry regulating chimney sweeps of May 14, 1880 was 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 the legal basis for the formation of the turning districts until 1935. The most important points were: “For the formation of sweeping areas, the interest of the fire police alone is decisive. - Sufficient income is required. - The district's ability to monitor forms the boundary. - A check-up based on a rubbish book should take place every 5 years. - An applicant list must be drawn up. - Exclusion of secondary trades without express permission. - Collection of sweeping wages only from the homeowner. - The regional presidents can take up fire assistance, fire inspection and building inspection as their professional duties. ”At that time, all German states in the Weimar Republic made use of the authority to set up sweeping districts; Sweeping districts were established across the board.

On April 13, 1935, the Reichstag changed - it had ceded its legislative powers to the Reich government with the Enabling Act on March 24, 1933 , had since then been " synchronized " and no longer had a democratic function - the previous § 39 of the trade regulations and wrote the Establishment of sweeping districts before ("Law amending the Trade Regulations").

On the basis of this law, the Reich Ministry of Economics and the Reich Ministry of the Interior issued the “Ordinance on Chimney Sweeps” of April 15, 1935 and July 28, 1937.

The latter stipulated:

"Maintaining fire safety is in the public interest. All buildings with chimneys and firing systems are therefore compulsory to sweep. The sweeping fee is a public burden on the property. Sweeping work may only be carried out by district chimney sweepers who are employed for certain sweeping districts or their journeymen and apprentices . The district chimney sweep, as a trader, belongs to the trade. He is subject to the supervision and the regulatory penal authority of an authority, but does not have the authority of officials. "

This gave the district chimney sweeps the so-called sweeping monopoly .

After the Second World War there were different regulations for chimney sweeps in the occupation zones .

On January 22, 1952, a federal law regulating the chimney sweep was passed. The constitutional complaints of some district chimney sweeps were rejected by the Federal Constitutional Court on April 30, 1952.

On July 10, 1969, the Federal Council approved the 'law on chimney sweeps'. This law also repealed the previous sections of the trade regulations of 1935 and 1937. It brought a uniform chimney sweep law for the Federal Republic of Germany.

The monopoly regulation, which has been in force since 1969, was viewed by the EU Commission as a violation of the fundamental freedoms of freedom of establishment and freedom to provide services . Furthermore, the authorization to enter the apartment to turn around or check according to Section 1 (3) old version was criticized in some cases. The EU threatened the Federal Republic with infringement proceedings . On this occasion, the Bundestag reformed the Sweeping and Inspection Regulations (KÜO) and passed the “ Chimney Sweep Crafts Act - SchfHwG” (“Law on Professional Law and Supply in the Chimney Sweep”) on November 26, 2008 .

Expiry of the law

The law expired on December 31, 2012. It was replaced by the "Chimney Sweep Crafts Act - SchfHwG".

Individual evidence

  1. ^ Gerhard Wagner: History of the chimney and the chimney sweep trade from the IXth to the 20th century. Düsseldorf 1987, p. 11 ff.
  2. ^ Reichsgesetzblatt I p. 508.
  3. ^ Reichsgesetzblatt Part I No. 88/1937 Issued in Berlin, July 30, 1937, p. 831.
  4. ↑ BVerfGE 1, 264 , Az. 1 BvR 14, 25,167 / 52 - District chimney sweep.
  5. ^ Gerhard Wagner: History of the chimney and the chimney sweep trade from the IXth to the 20th century. Düsseldorf 1987, p. 11 ff.
  6. ↑ Law on the new regulation of the chimney sweep of November 26, 2008 in the Federal Law Gazette ( Memento of the original of December 2, 2011 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. (PDF; 595 kB). @1@ 2Template: Webachiv / IABot / bmwi.de

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