The role of the SOA Technical Director
Technical management is the body responsible for the technical and organisational tasks necessary for carrying out the works. Technical management may be assumed by a single individual, possibly the company’s legal representative, or by several individuals.
Appropriate technical management is one of the special technical requirements required under Article 79, paragraph 5, letter a) of (Italian) Presidential Decree 207/10, to be demonstrated according to the criteria defined in Article 87 of (Italian) Presidential Decree 207/10.
1) General requirements for the technical director
In resolution no. 11 of 14 May 2003, the Italian Authority for the Supervision of Public Works established the following requirements:
- Italian citizenship or citizenship of another European Union member state;
- The non-existence of proceedings pursuant to Articles 6 and 67 of (Italian) Legislative Decree 159/11 (Antimafia Code);
- The non-existence of judgments that have become final or judgments imposing the penalty requested pursuant to Article 444 of the (Italian) Code of Criminal Procedure for serious offences against the State or the Community that affect professional morality.
2) Professional requirements
Article 87 of (Italian) Presidential Decree 207/10 governs the qualifications that must be possessed by individuals assigned with the task of technical director. Below is a brief summary:
For all categories except OG2, OS2-A, OS2-B and OS25
- Degree in engineering or architecture or equivalent;
- University qualification in engineering or architecture or equivalent;
- Diploma in surveying, industrial construction or equivalent technical qualification;
- Professional experience in the construction sector as site manager or operations manager for a period of not less than five years, with appropriate certificates of execution of works to be submitted as proof.
- Degree in engineering or architecture or equivalent;
- University qualification in engineering or architecture or equivalent;
- Diploma in surveying or industrial construction.
3) The relationship with the company
If the technical director is a person other than the company’s owner, legal representative, managing director or partner, he/she must be an employee of the company or in possession of a duly registered professional work contract.
4) Uniqueness of assignment
Individuals appointed to the position of technical director may not hold a similar position on behalf of other qualified companies.
5) Technical director related to the certification (Article 79, paragraph 14, of (Italian) Presidential Decree 207/10)
In order to obtain the qualification up to amount classification III, the requirements relating to the execution of works pursuant to Article 79, paragraph 5, letters b) and c), can be demonstrated by the company by means of works assigned to other companies at which one of its technical directors was in charge of operations.
This option may only be exercised if the designated individuals have acted as technical director on behalf of companies already registered in the Italian National Register of Builders or qualified pursuant to (Italian) Presidential Decree 34/00 or (Italian) Presidential Decree 207/10, for a total period of not less than five years, of which at least three consecutive years at the same company. Evidence of the performance of the duties in question is provided by certificates of registration in the above register or by certificates of execution of works for which one of the technical directors was responsible.
Valuation of the works is carried out by reducing the total amount of the works to one tenth and up to a maximum of € 2,500,000. A technical director cannot demonstrate the requirements of Article 79, paragraph 5, letters b) and c) if six years have not elapsed since any previous proof given and for this purpose he/she must provide an appropriate declaration.
