Technical conditions of the Ministry of Emergency Situations. About the procedure for the development and approval of special specifications for the development of design documentation for the capital construction facility
Progress, as you know, does not stand still. Technologies are constantly being improved in various fields of human activity, including in construction. The rapid pace of development of this independent sector of the economy leads to the fact that situations of inconsistency of real conditions with established standards often arise.
In order to fill the gaps in the legislative norms for the design of construction, special technical conditions (STU) have been developed.
What is STU
Special specifications are specifications that contain safety requirements that supplement existing regulations. They are used at all stages of the construction of the facility: design, construction itself, further operation or demolition (dismantling).
Objects for which there are no clearly established fire safety rules and for which STUs are being developed include:
- buildings exceeding a height of 50 m (for residential buildings - 75 m) (according to other sources, these values \u200b\u200bare 75 m and 100 m, respectively);
- buildings with several underground floors (with the exception of those with 1 underground floor);
- complex or unique buildings in terms of architecture;
- tunnels
- rack warehouses with a height of more than 5.5 m;
- buildings with a stylobate (common basement for several buildings);
- buildings with multi-light rooms occupying several floors in height;
as well as the following cases:
- if the location of the facility extends to 2 or more constituent entities of the Russian Federation;
- if the purpose of the object is multifunctional;
- if there are irregularities at the facility, which cannot be eliminated, for example, the width of escape routes, exits or flights of stairs, and other design parameters.
Technical solutions can be developed for the entire building, and for individual structures, and even for specific engineering systems.
How are STUs developed?
In order to develop STU, the customer must provide the contractor with the terms of reference, which gives:
- justification of the need to develop special technical conditions in brief;
- data on the ownership of the facility to a particular level of responsibility in accordance with the Technical Regulations (Law of the Russian Federation No. 384-F3 dated 12/30/2009), etc.
Before proceeding to the development of STU, the specialist studies all the technical solutions of the facility - engineering, structural, space-planning, architectural, as well as information about the materials, products and their fire safety. Then, the contractor analyzes the entire regulatory framework regarding this facility.
The content of special specifications
The STU should provide the following plan information:
- A sufficiently substantiated need for the development of STU. The norms that are lacking for this object are also given. Set out them in accordance with the current rules and regulations in the field of fire safety (hereinafter briefly PB).
- A list of those deviations from the current standards that need to be taken, together with a justification for the need for each item and a description of the activities that compensate for them.
- Documents justifying the construction of the facility.
- The exact name of the object, its location, technical construction conditions.
- The data of the customer, as well as the organization involved in the development of the PIC, and the project developer.
- All technical solutions for the object, its most important elements and systems with drawings.
- SPOZU (scheme of the planning organization of the land).
- The provisions developed by the contractor in which deviations from the rules, their justification and compensating measures are presented. A separate paragraph provides the provisions available in the regulatory documents of other countries, if they comply with the legislation of the Russian Federation.
- Appropriate calculations for fire risks and others justifying the provision of proper safety for people.
Those provisions, formulas and calculations that are in existing norms are not included in STU.
Coordination of STU
The STU are agreed by the relevant state organizations, namely:
- Department of Supervisory Activities (DND) EMERCOM of the Russian Federation at the first stage;
- The Ministry of Regional Development of the Russian Federation, in particular, its regulatory and technical council, in the second stage.
The first stage of approval takes 30–45 calendar days, the second - 30 days (sometimes the period is extended to 90 days).
A special commission considers all submitted materials, and then conducts their scientific and technical examination. The approval was successful, says the approving signature of the authorized entity on the front page of the STU, as well as the endorsement signatures on each sheet of the package of documents of the DND employee.
Pros and cons of developing STU
Thanks to the development and coordination of special technical conditions, the owner of the object has the opportunity to justify the existing capital violations. This is a definite plus STU.
The disadvantages of compiling those conditions are usually include:
- significant duration of work (up to 5 months);
- rather high cost of development and coordination services;
- mandatory implementation of compensatory violations of measures, which can also be expensive.
Our company’s specialists will do all the work to develop the STU of any objects as soon as possible, which will reduce the time of the entire development and approval process.
Only here you will find the optimal ratio of price and quality of work!
Pitkin ® you most importantly do not forget! (And then no one here tells you this, although everyone knows about it).You must not forget to prepare a bribe at the Ministry of Construction! This is perhaps the most important thing!
Well, I mean, of course, not the bribe in the envelope in cash. Now this has long been done differently - within the framework of the law.
People from the ministry who influence the decision to agree on STU or on refusal have their own, as a rule, one-day offices. Which offer you the service of an independent examination of STU (300 - 450 thousand rubles). Examination of STU is not required by law. And if you are confident in the quality of your STU, then you do not need this expertise. But if you refuse examination, then the probability of failure is high. The refusal in this case will be for delusional reasons (even if the STUs are good, and the same STUs (with similar solutions) were previously successfully agreed upon, they can still write the refusal with outright nonsense, and you won’t even understand that you need to fix the STU to remove the remark and satisfy the Ministry of Construction).
You may also be offered expertise after you have once been refused. So that the next time you are more accommodating. As you understand the STU examination, no one really does - this is a fiction. This procedure is needed only for concluding an agreement and for moving money from you to interested parties (this is what I call a bribe). They can change something insignificant in STU - for the sake of sight, there was probably a real examination.
This scheme has been operating in the Ministry of Construction for a long time. You seem to agree to this examination yourself, but at first you are forced to do so by refusals. That is, a bribe through an imposed service.
Now who is doing this? From the moment they formed the Ministry of Construction, 4 years ago, they showed the greatest activity
1. Some people who went to many STU development companies and hinted that they are “from Sierra” and will help solve everything so that there are no failures. If you did not agree to work with them, then there were frequent refusals. (Sierra, deputy minister, chairman of the STC, decided to single-handedly approve the STU or refuse, the opinion of the council was recommendatory for her (she wanted to accept the arguments of the council, she did not accept)). A couple of months ago, Sierra unexpectedly quit her post as deputy minister and went to work in Rostec (a clear demotion) - https: //realty.ria.ru/news_appointme ...
2. The person who introduced himself as Kozmodemyansky Vadim Germanovich - the head of JSC "CENTRAL INSTITUTE OF TYPICAL DESIGN named after GK Ordzhonikidze".
This person somehow oversaw (oversees) the work of the involved experts of the Ministry of Construction, who are preparing conclusions on the STU. He also called some organizations and said something like this: We are now reviewing your STU and we have some comments on the STU there, you should come to us and discuss, "solve problems." I refused to discuss on the phone. Agreed only to meet.
In general, I hope that this will not happen with you Pitkin ® and everything will work out. Or, if you have already paid STU expertise to someone and everything is “charged”, then there is nothing to worry about.
But you just asked: "what are the" pitfalls "when coordinating STU"?
This stone is perhaps the largest and most underwater.
The non-state examination of PD and RII on the project "Second Stage. Reconstruction. A multifunctional sports and recreation complex for family recreation and health rehabilitation and a temple chapel. Built-in area of \u200b\u200b1499, 49 sq. M in the existing building at the address: Moscow, st. . Golubinskaya, 16 ". A positive conclusion was issued.
news
On the official Internet portal of legal information pravo.gov.ru the order of the Ministry of Construction of Russia dated January 21, 2019 No. 19 / pr “On Amending the Procedure for Maintaining a Unified State Register of Opinions of Expertise of Project Documentation of Capital Construction Facilities and the Submission of Information and Documents Contained in It” was published approved by order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated February 22, 2018 No. 115 / pr. " The document comes into force on April 20, 2019.
The draft resolution of the Government of the Russian Federation “On Amending Certain Acts of the Government of the Russian Federation” is being publicly discussed on the regulation.gov.ru portal.
The Order of the Ministry of Construction of Russia (No. 141 / pr dated 01.03. 2019) approved the methodology for developing standards for the preparation of project documentation. It defines the basic rules for calculating indicators of the cost of design work and coefficients that take into account various factors affecting the complexity of design, as well as requirements for the composition of substantiating materials.
Ministry of Regional Development of the Russian Federation
FEDERAL AGENCY FOR CONSTRUCTION AND HOUSING AND COMMUNAL SERVICES
ORDER
About the Procedure for the development and approval of special specifications for the development of design documentation for a capital construction project
In accordance with Part 8 of Article 6 of the Federal Law of December 30, 2009 N 384-ФЗ "Technical Regulations for the Safety of Buildings and Structures" (Collection of Legislation of the Russian Federation, 2010, N 1, Article 5) and paragraph 5.2.6 of the Regulation on the Federal Agency on construction and housing and communal services approved (Meeting of the legislation of the Russian Federation, 2012, N 28, Article 3904),
i order:
1. To approve the attached Procedure for the development and approval of special specifications for the development of design documentation for the capital construction facility.
2. Control the execution of this order to assign to the deputy head of the Federal Agency for Construction and Housing and Communal Services I.E. Genkina.
Supervisor
V.I. Kogan
Application. The procedure for the development and approval of special specifications for the development of design documentation for the capital construction facility
application
to the order of the Federal Agency
for construction
and housing and communal services
1. This Procedure for the development and approval of special technical conditions for the development of design documentation for an object of capital construction establishes general requirements for the development and approval of special technical conditions (hereinafter - STU).
2. STUs are developed if the preparation of project documentation requires a deviation from the requirements established by national standards and sets of rules included in the List of national standards and sets of rules (parts of such standards and sets of rules), the application of which on a mandatory basis ensures compliance the requirements of the Federal Law "Technical Regulation on the Safety of Buildings and Structures", approved by order of the Government of the Russian Federation of June 21, 2010 N 1047-r (Meeting of the legislation of the Russian Federation, June 28, 2010, N 26, article 3405), there are not enough requirements for reliability and safety established by the specified standards and codes of rules, or such requirements are not established, as well as in other cases established by regulatory legal acts of the Russian Federation.
The inclusion in the STU of provisions containing deviations from the current regulatory requirements is allowed while the inclusion in the composition of the STU of provisions compensating for these deviations.
3. Regulatory requirements contained in documents that are not included in the lists of national standards and codes of practice, as a result of which, on a mandatory and (or) voluntary basis, compliance with the provisions of Federal Law of December 30, 2009 N 384-ФЗ "Technical Safety Regulation of buildings and structures "(Collection of Legislation of the Russian Federation, 2010, N 1, Article 5) (departmental, territorial, other regulatory requirements), may be included in the STU, provided that the capital construction facility is secured, indicating the source of such regulatory requirements.
4. Certain provisions contained in the regulatory documents of foreign countries may be included in the STU, subject to their compliance with the legislation of the Russian Federation.
5. STUs are developed in relation to a specific capital construction facility and contain provisions reflecting the features of engineering surveys, design, construction, operation, as well as dismantling (demolition) of the capital construction facility.
The provisions of the STU are formulated in the form of specific regulatory requirements for the capital construction facility, allowing the possibility of control in the prescribed manner, and should not contain the proposed design decisions.
It is not allowed to formulate the provisions of the STU in the form of the provisions of a regulatory legal act of the Russian Federation.
6. The designations and units of measure used in STU should correspond to the designations and units of quantities adopted in documents in the field of standardization.
7. In STU it is not allowed:
deviation from the requirements of federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, as well as other regulatory legal acts of the Russian Federation;
inclusion of the provisions contained in the current regulatory legal acts of the Russian Federation and regulatory documents, including the calculation formula in a different structure.
STUs are not developed in relation to new materials, products, structures and technologies, the requirements for which are not regulated by current documents in the field of standardization.
The structure of the STU does not include drawings, diagrams, instructions, methods, design and other substantiation of regulatory requirements.
8. The development of STU is carried out in accordance with the technical specifications of the developer (technical customer).
The terms of reference provide a brief justification for the need to develop STU, data on the level of responsibility of the capital construction object, as well as other requirements and information necessary for the development of STU.
9. Depending on the degree of security of the capital construction project planned for construction with current regulatory provisions, STUs may be developed containing requirements, including those related to ensuring mechanical, industrial, seismic, fire and other safety.
10. The STU should contain the following data:
substantiation of the need to develop STU with the indication of missing regulatory requirements and (or) forced deviations from the existing regulatory requirements in relation to a specific capital construction facility;
foundation for construction;
data, including the name and location of the capital construction facility and construction conditions;
information about the developer (technical customer), the general design organization and the developer of the STU;
a brief description of the capital construction object with a statement of space-planning and structural solutions.
11. The structure of the STU should correspond to the structure of existing documents in the field of standardization (or their sections) in relation to established additional and (or) missing regulatory requirements.
12. Coordination of STU is carried out by the Federal Agency for Construction and Housing and Communal Services (hereinafter - Gosstroy).
13. Organizational and technical measures for the preparation of the approval of the STU are carried out by the authorized structural unit of the Gosstroy (hereinafter - the Office).
Consideration of the STU, preparation of recommendations on the approval or refusal to approve the STU, as well as recommendations on the design of the STU, are carried out by the Gosstroy Normative and Technical Council (hereinafter - the Council). The regulations on the Council and the composition of the Council are approved by order of the Gosstroy.
14. For approval of STU, the developer (technical customer) submits to the Gosstroy the following documents:
statement of the developer (technical customer) addressed to the head of Gosstroy on the consideration of STU, signed by the head of the developer (technical customer) or the person performing his duties. If the application is submitted by a legal entity, the specified application is certified by a seal.
sTU project in duplicate, signed by the representative of the developer. If the STU is developed by a legal entity, the specified STU is certified with a seal;
explanatory note containing the rationale for the proposed regulatory requirements in STU and including, if necessary, calculations, the results of tests and studies, diagrams, schedules, minutes of meetings and other similar information;
a copy of the technical specifications for the development of STU;
risk calculations (if necessary);
documents confirming the approval of the STU or regulatory requirements contained in the STU with interested federal executive bodies. STUs containing regulatory requirements in terms of ensuring fire safety are submitted with the relevant approval of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Management. On the recommendation of the Council, Gosstroy sends the STU to the concerned federal executive body to coordinate or obtain the position of such a body on the possibility of applying additional regulatory requirements, as well as appropriate compensating and additional measures contained in the STU;
a copy of the terms of reference for the development of STU, certified by the head of the developer (technical customer) or by the person performing his duties.
Documents submitted by the developer (technical customer) are not subject to return, with the exception of cases established by this Procedure.
15. Documents for approval of STU submitted in violation of clause 14 of this Procedure shall be returned to the sender within ten business days from the date of registration without consideration on the merits, indicating the reasons for the return.
Documents for approval of the STU, submitted in accordance with paragraph 14 of this Procedure, are submitted by the Office for consideration by the Council.
16. Based on the results of consideration of the documents referred to in paragraph 14 of this Procedure, STUs are recommended by the Council for approval or rejection of approval. The recommendations of the Council are indicated in the minutes of the meeting of the Council.
The STU is considered by the Council within a month from the date of registration with the State Construction Committee of the documents referred to in paragraph 14 of this Procedure. In relation to capital construction projects listed in Article 48.1 of the Town Planning Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art. 16; 2006, N 52, Art. 5498; 2007, N 46, Art. 553; N 50, Art. 6237; 2010, N 49, Art. 6410; 2011, N 29, Art. 4281; N 49, Art. 7015), the specified period may be extended by one month by decision of the head of Gosstroy or his authorized deputy in charge of coordinating STU .
The Council members who participated in the development of the STU or design documentation for the relevant capital construction object do not participate in the consideration of the STU by the Council.
17. The decision on the approval of the STU or on the refusal to approve the STU is made by the head of the Gosstroy or his deputy in charge of the approval of the STU, based on the recommendations of the Council within ten working days from the date of the relevant meeting of the Council.
18. The decision on the approval of the STU is made by affixing on the title page of two copies of the STU the approving signature of the person who made the decision, and affixing on each sheet of two copies of the STU the endorsement signature of an authorized employee of the Office. The builder (technical customer) is notified of the decision by a letter from Gosstroy within three business days from the date of the relevant decision, to which one copy of the agreed STU is attached.
19. The decision to refuse approval of the STU is made out by a letter of Gosstroy to the builder (technical customer) signed by the person who made the decision to refuse approval of the STU, with an extract from the minutes of the meeting of the Council, which indicates the grounds for the recommendation to refuse approval.
20. After eliminating the reasons that served as the basis for the refusal to agree on the STU, they can be re-sent for approval in the prescribed manner.
21. If it becomes necessary to make changes and additions to the previously agreed STU, the developer (technical customer) submits documents to the State Construction Committee in accordance with paragraph 14 of this Procedure. In this case, the draft STU is presented in full, taking into account the amendments and additions made, and the explanatory note to the STU contains a table of the amendments and (or) additions.
In the case of approval of the new version of the STU, taking into account the amendments and addenda, the previously agreed STU will cease to be effective from the day the relevant decision is made.
22. Typos and typos in the agreed STU can be corrected by indicating in the letter of the Gosstroy the new edition of the relevant provisions of the STU.
23. Agreed STU are subject to storage and accounting by the Office.
24. The developer (technical customer) has the right at any stage of consideration to withdraw his application for the approval of the STU by sending a corresponding letter to the State Construction Committee.
Information about the calculations, justifications and forecasts of the consequences of the implementation of the proposed solutions that are relevant for assessing the regulatory impact
Draft order of the Federal Agency for Construction and Housing and Communal Services "On the Procedure for the Development and Coordination of Special Specifications for the Development of Design Documentation for an Capital Construction Facility"
1. Brief description of the proposed new legal regulation
The draft order establishes general requirements for the development and approval of special technical conditions for the development of design documentation for a capital construction project (hereinafter - STU).
2. The problem, the solution of which is directed by a new legal regulation, the assessment of the negative effects generated by the presence of this problem.
Establishment of a new procedure for the development and approval of STU, taking into account changes in the federal executive body authorized to coordinate STU.
3. The objectives of the proposed regulation and their compliance with the principles of legal regulation, program documents of the President of the Russian Federation and the Government of the Russian Federation.
The draft order was developed in accordance with paragraphs 5.2.6, 5.4.13 of the Regulation on the Federal Agency for Construction and Housing and Communal Services, approved by Decree of the Government of the Russian Federation of June 30, 2012 N 670, in order to bring departmental acts in line with higher regulatory legal acts of the Russian Federation.
4. New powers, functions, duties and rights of state authorities, local authorities or changing the procedure for their implementation.
In connection with the transfer of the corresponding function to Gosstroy, the draft order establishes that the approval of the STU is carried out by Gosstroy.
5. Evaluation of budget expenditures of the budget system of the Russian Federation for the organization of the execution and execution of new powers, functions, duties and the exercise of rights or to change the procedure for their implementation.
The publication of the draft order will not require additional costs at the expense of the budget system of the Russian Federation.
6. New responsibilities of business entities or changes in the content of existing responsibilities.
New responsibilities of business entities and changes in the content of existing responsibilities are not provided.
7. The main groups of business entities whose interests will be affected by the new legal regulation, their quantitative assessment.
Developer (technical customer).
8. Evaluation of the costs of entities engaged in entrepreneurial and other activities related to the need to comply with the obligations assigned to them, or with a change in the content of such duties.
For the approval of STU, a fee is not charged from the builder (technical customer).
9. The risks of impossibility to solve the problem by the proposed method, the risks of unforeseen negative consequences.
The risks of the impossibility of solving the problem by the proposed method, there are no risks of unforeseen negative consequences.
Electronic text of the document
prepared by Codex CJSC and verified against.