LVI-Tekniset Urakoitsijat LVI-TU has submitted a statement on 24.8.2022 August XNUMX in connection with the government's proposal to establish the qualifications of natural persons in construction according to the Construction Act.
Considerations regarding the issuance of the certificate, the certificate and the recipient of the certificate
LVI-Tekniset Urakoitsijat LVI-TU sees it as problematic that, according to the proposal, the appointment of a foreman would require the acquisition of a paid qualification certificate. In practice, this would mean, for example, in the case of entrepreneurs, a situation where the acquisition of a commercial service would be required as a prerequisite for running a business. Based on the request for opinion material, it is not clear on what grounds the institution would decide to issue the certificate.
The eligibility of Kvv and IV supervisors is based on the person's completed degrees and accumulated work experience. Placing the degrees in the difficulty classification of different management tasks has been challenging, but since it has now already been done in cooperation with the building inspectors, there is no need for a new paid certificate in this regard. Another and even more challenging issue is the evaluation of the quality and duration of the work experience in relation to the qualification that can be used to grant eligibility for the position. The current procedure, in which the building control assesses the qualification and grants the qualification according to a common instruction card, has been very functional. The building inspectors in charge of the matter are excellently up to their task and it is known that no corrections have been sought to the relevant decisions except in a few individual cases. The new institution would not facilitate the determination of eligibility or solve any known problem related to certificates.
Considerations concerning the Ministry of the Environment
LVI-TU considers it very exceptional that the Ministry of the Environment has referred to the services offered by one commercial operator in the preliminary drafts of the bill, whose name often appears in the document. According to the draft law, the competence of the Ministry of the Environment would also include deciding on the authorized institution. In this regard, the preliminary works of the draft emphasize the idea of needs assessment carried out by the ministry.
LVI-TU considers it important that all operators who meet the quality and qualification requirements for the institution, which will hopefully be added to the law, are selected as authorized institutions. LVI-TU emphasizes that, according to the regulations, it is not justified to limit or prevent free competition even for the awarding of qualification certificates just because one commercial operator is considered sufficient.
See the full statement.