The procedure for agreeing on special technical conditions. Special technical conditions (STU) - are NOT a section of project documentation. On the procedure for the development and approval of special technical conditions for the development of project documentation for the facility

Ministry of Regional Development Russian Federation
FEDERAL AGENCY FOR CONSTRUCTION AND HOUSING AND UTILITIES

ORDER

On the Procedure for the Development and Approval of Special Technical Conditions for Development project documentation per object capital construction


In accordance with Part 8 of Article 6 of the Federal Law of December 30, 2009 N 384-FZ "Technical Regulations for the Safety of Buildings and Structures" (Collected Legislation of the Russian Federation, 2010, N 1, Article 5) and clause 5.2.6 of the Regulations on the Federal Agency on construction and housing and communal services, approved (Collected Legislation of the Russian Federation, 2012, N 28, Art. 3904),

I order:

1. Approve the attached Procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction facility.

2. Control over the execution of this order shall be entrusted to I.E. Genkin, Deputy Head of the Federal Agency for Construction, Housing and Communal Services.

Supervisor
V.I.Kogan

Application. The procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction object

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 project documentation for a capital construction facility establishes General requirements to 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 codes of rules included in the List of national standards and codes of rules (parts of such standards and codes of rules), as a result of which, on a mandatory basis, compliance is ensured of the requirements of the Federal Law "Technical Regulations on the Safety of Buildings and Structures", approved by Order of the Government of the Russian Federation of June 21, 2010 N 1047-r (Collected 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 sets of rules, or such requirements are not established, as well as in other cases established by regulatory legal acts Russian Federation.

The inclusion in the STU of provisions containing deviations from the current regulatory requirements is allowed with the simultaneous inclusion in the STU of provisions compensating for these deviations.

3. Regulatory requirements contained in documents 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 the Federal Law of December 30, 2009 N 384-FZ "Technical Regulations on Safety" is ensured buildings and structures" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 1, art. 5) (departmental, territorial, other regulatory requirements) may be included in the STU provided that the safety of the capital construction facility is ensured, indicating the source of such regulatory requirements.

4. Separate provisions contained in regulatory documents foreign countries, may be included in the STU provided they comply with the legislation of the Russian Federation.

5. STUs are developed in relation to a specific capital construction project and contain provisions reflecting the features engineering surveys, design, construction, operation, as well as dismantling (demolition) of a capital construction object.

The provisions of the STU are formulated in the form of specific regulatory requirements for a capital construction facility, allowing for the possibility of control in the prescribed manner, and should not contain proposed design solutions.

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 quantities used in the STU must correspond to the designations and units of quantities adopted in the documents in the field of standardization.

7. STU does not allow:

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 calculation formulas in a different construction.

STUs are not developed in relation to new materials, products, structures and technologies, the requirements for which are not regulated by the current documents in the field of standardization.

The structure of STU does not include drawings, diagrams, instructions, methods, calculation and other substantiations of regulatory requirements.

8. The development of STU is carried out in accordance with the terms of reference 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 object planned for construction with the current regulations, STUs may be developed containing requirements, including those in terms of ensuring mechanical, industrial, seismic, fire and other safety.

10. The STU must contain the following data:

justification of the need to develop STU with an indication of the missing regulatory requirements and (or) forced deviations from the current regulatory requirements in relation to a specific capital construction project;

foundation for construction;

data including the name and location of the capital construction object and construction conditions;

information about the developer (technical customer), general design organization and STU developer;

a brief description of the capital construction object, outlining the space-planning and constructive solutions.

11. The structure of the STU must correspond to the structure of the current documents in the field of standardization (or their sections) in relation to the established additional and (or) missing regulatory requirements.

12. The approval of the STU is carried out by the Federal Agency for Construction, 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 referred to as the Department).

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 Regulatory and Technical Council of Gosstroy (hereinafter referred to as the Council). The Regulations on the Council and the composition of the Council are approved by the order of the State Construction Committee.

14. To approve the STU, the developer (technical customer) submits the following documents to Gosstroy:

application of the developer (technical customer) addressed to the head of the Gosstroy on the consideration of the STU, signed by the head of the developer (technical customer) or a person acting in his capacity. If the application is submitted by a legal entity, the said application shall be certified by a seal.

Draft STU in two copies, signed by the representative of the developer. If the STU is developed by a legal entity, the specified STU is certified by a seal;

explanatory note containing the rationale for the regulatory requirements proposed in the STU and including, if necessary, calculations, the results of tests and studies, diagrams, graphs, minutes of meetings and other similar information;

copy terms of reference for the development of STU;

risk calculations (if necessary);

documents confirming the approval of the STU or the regulatory requirements contained in the STU with the interested federal executive authorities. STU containing regulatory requirements in terms of security fire safety, are submitted with the appropriate approval of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters. On the recommendation of the Council, Gosstroy sends the STU to the interested federal executive body to agree or obtain the position of such an authority on the possibility of applying additional regulatory requirements, as well as relevant compensatory 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 a person acting as his/her duties.

The documents submitted by the developer (technical customer) are not subject to return, except for the cases established by this Procedure.

15. Documents for the approval of the STU, submitted in violation of paragraph 14 of this Procedure, within ten working days from the date of registration are returned to the sender without consideration on the merits, indicating the reasons for the return.

Documents for the 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 specified in paragraph 14 of this Procedure, STUs are recommended by the Council for approval or refusal to agree. Recommendations of the Council are indicated in the minutes of the meeting of the Council.

Consideration of the STU by the Council is carried out within a month from the date of registration in the Gosstroy of the documents specified in paragraph 14 of this Procedure. With regard to capital construction projects listed in Article 48.1 of the Town Planning Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 16; 2006, N 52, Art. 5498; 2007, N 46, Art. 5553; N 50, 6237; 2010, N 49, art. 6410; 2011, N 29, art. 4281; N 49, art. .

Members of the Council who participated in the development of the STU or project documentation for the relevant capital construction facility do not take part in the consideration of the STU by the Council.

17. The decision to agree on the STU or to refuse 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 corresponding meeting of the Council.

18. The decision on the approval of the STU is made by putting on title page two copies of the STU of the coordinating signature of the person who made the said decision, and affixing on each sheet of two copies of the STU the endorsement signature of an authorized officer of the Department. O decision the developer (technical customer) is notified by a letter from Gosstroy within three working days from the date of adoption of the relevant decision, to which one copy of the agreed STU is attached.

19. The decision to refuse to approve the STU is drawn up by a letter from Gosstroy to the developer (technical customer) signed by the person who made the decision to refuse to approve the STU, with an extract from the minutes of the Council meeting, which indicates the grounds for the recommendation to refuse approval.

20. After the elimination of the reasons that served as the basis for the refusal to approve 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 Gosstroy in accordance with paragraph 14 of this Procedure. At the same time, the draft STU is presented in full, taking into account the changes and additions made, and the explanatory note to the STU contains a table of changes and (or) additions.

In case of approval of STU in new edition taking into account the changes and additions made, the previously agreed STUs become invalid from the day the relevant decision is made.

22. Misprints and omissions in the agreed STUs can be corrected by indicating in the Gosstroy letter a new version of the relevant provisions of the STS.

23. Agreed STUs are subject to storage and accounting by the Department.

24. The developer (technical customer) has the right to withdraw his application for approval of the STU at any stage of consideration by sending a corresponding letter to Gosstroy.

Information about calculations, justifications and forecasts of the consequences of the implementation of the proposed solutions, which are important for assessing the regulatory impact

Draft order of the Federal Agency for Construction, Housing and Communal Services "On the Procedure for the Development and Approval of Special Technical Conditions for the Development of Design Documentation for a Capital Construction Object"

1. Short description proposed new legal regulation

The draft order establishes general requirements for the development and approval of special technical conditions for the development of project documentation for a capital construction object (hereinafter referred to as STU).

2. The problem to be solved by the new legal regulation, assessment of the negative effects generated by the presence of this problem.

Establishment of a new procedure for the development and approval of STUs, taking into account changes in the federal executive body authorized to approve STUs.

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 clauses 5.2.6, 5.4.13 of the Regulations on the Federal Agency for Construction, 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 public authorities, local governments or a change in the procedure for their implementation.

In connection with the transfer of the corresponding function to Gosstroy, the draft order establishes that Gosstroy is responsible for approving the STU.

5. Estimation of budget expenditures budget system of the Russian Federation to organize 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 expenses from the budgetary system of the Russian Federation.

6. New responsibilities of subjects entrepreneurial activity or changing the content of existing duties.

New obligations of business entities and changes in the content of existing obligations 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. Estimation of expenses 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 obligations.

For the approval of STU, the developer (technical customer) is not charged a fee.

9. Risks of impossibility of solving the problem by the proposed method, risks of unforeseen negative consequences.

There are no risks of impossibility of solving the problem by the proposed method, risks of unforeseen negative consequences.

Electronic text of the document
prepared by CJSC "Kodeks" and verified according to.

Electronic Services

Full service name

Coordination of special technical conditions for the preparation of design documentation for capital construction projects, including metro facilities, during construction, reconstruction of which state construction supervision is carried out by the executive authority of the city of Moscow

Conditions for obtaining services on the site

  • Who can apply for the service:

    Individuals

    Individuals who are developers or technical customers can act as applicants

    Legal entities

    Applicants may be legal entities being developers or technical customers

    Individual entrepreneur

    Individual entrepreneurs who are developers or technical customers can act as applicants

  • Service cost and payment procedure:

    Is free

  • List of required information:

    Request (application) for granting public service(original, 1 piece)

    • Required
    • Provided without refund
    The request (application) is submitted using the Portal by filling out an interactive form. Electronic images of the documents required for the provision of the service, in the form of files created by scanning the original documents on paper, reflecting all the details of the original document, are attached by the applicant to the interactive request form (application) in Portable Document Format, in an electronic archive in ZIP format. The request (application) with the attached electronic images of documents is signed by the applicant using electronic signature. In the case of an individual applying for the provision of a service, signing a request (application) using an electronic signature is not mandatory.

    Explanatory note containing information on the need to develop STU (original, 1 pc.)

    • Required
    • Provided without refund
    An explanatory note certified by the applicant is provided (if the applicant is individual or individual entrepreneur), the head of the applicant or the person acting in his capacity, containing information on the need to develop STU, adopted design technical solutions, compensatory measures (in the event of decisions to deviate from the current technical standards), a description of the regulations containing new technical requirements(in case of development of new requirements), information on ensuring the safety of the capital construction facility.

    Positive conclusion of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters (certified copy, 1 pc.)

    • Required
    • Provided without refund
    It is provided if the STU contains technical requirements for the design and construction of facilities in terms of ensuring fire safety.

    Draft STU (certified copy, 1 pc.)

    • Required
    • Provided without refund
    A draft STU is provided, signed by the electronic signature of the developer's officials, with an attachment (in the form of separate documents): 1. Copies of the scheme of the planning organization land plot; 2. Space-planning, constructive and architectural solutions of the capital construction object.

    A copy of the terms of reference for the development of STU (certified copy, 1 pc.)

    • Required
    • Provided without refund
    A copy of the terms of reference for the development of STU is provided, certified by the applicant using an electronic signature (if the applicant is an individual or an individual entrepreneur), the head of the applicant or the person acting in his capacity.

    A copy of the STU approved in the prescribed manner and a copy of the Approval Decision (certified copy, 1 pc.)

    • Required
    • Provided without refund
    A copy of the STU approved in accordance with the established procedure and a copy of the decision on approval, certified by the electronic signature of the applicant's head or a person acting in his capacity (if changes are made to the STU, agreed by the federal executive body responsible for developing public policy and legal regulation in the field of construction, architecture, urban planning).

    Documents confirming the authority of the applicant's representative to act on behalf of the applicant (original, 1 pc.)

    • Required
    • Provided without refund
  • Terms of service provision

    22 working days

  • The result of the service

    Issued:

    • Decision on approval of STU (certified copy, 1 pc.)

      Decision in the form of an order on the approval of STU. At the request of the applicant, a copy of the decision is issued to the applicant on paper.

      Sent to the applicant in electronic format. If the request indicates the need to obtain a copy of the result of the provision of public services on paper, a copy of the result is issued on paper.

    • Decision in the form of an order to refuse to approve STU (certified copy, 1 pc.)

      Extract from the minutes of the meeting of the Normative and Technical Council of the Moscow City Committee for Pricing Policy in Construction and State Expertise of Projects, indicating the reasons for the refusal to approve.

    • Extract from the minutes of the meeting of the Normative and Technical Council of Moscomexpertiza (certified copy, 1 pc.)

      Decisions in the form of an order to refuse to approve the STU.

  • Receipt Forms

    Through a legal representative

    On the WEB site

Refusal to accept documents

The grounds for refusal to accept documents required for the provision of public services are:

Submission by the applicant of the documents necessary for the provision of public services that do not meet the requirements established by the legal acts of the Russian Federation, the legal acts of the city of Moscow, the Uniform Requirements and the Regulations for the provision of public services.

Submission by the applicant of an incomplete set of documents required for obtaining a public service, provided for by the Regulations for the provision of public services.

Submission of documents that have become invalid or expired on the day of filing a request (application) for the provision of a public service, if the validity period of the document is indicated in the document itself or is determined by law.

Submission of documents containing unreliable and (or) contradictory information.

Submission of a request (application) on behalf of the applicant by an unauthorized person.

Application for the provision of a public service by a person who is not a recipient of a public service in accordance with the Regulations for the provision of a public service.

The request (application) and other documents in electronic form are signed using an electronic signature that does not belong to the applicant.

The applicant’s application to Moskomexpertiza for a public service that is not provided by Moskomexpertiza (including if the STU approval should be carried out by the federal executive body responsible for developing state policy and legal regulation in the field of construction, architecture, urban planning).

Incorrect filling of required fields in the interactive request form on the Portal.

Electronic copies (electronic images) of documents required for the provision of public services are unreadable and (or) do not meet the requirements for the formats for their provision.

Refusal to approve STU

The reason for the refusal to approve the STU is the non-compliance of the draft STU with the requirements of Chapter II of the Procedure for the development and approval of special technical conditions for the development of project documentation for a capital construction facility, approved by Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated April 15, 2016 No. 248 / pr .

Refusal to provide a public service

The basis for refusal to provide a public service is a contradiction between documents or information obtained using interdepartmental information interaction, including the use of information from the Basic Register, documents or information submitted by the applicant.


Office:

(MOSCOMEXPERTIZA)

The procedure for the development and approval of special technical conditions (STU) is a step-by-step process of creating and coordinating technical standards for a specific construction project, which contain additional or missing requirements in the field of fire safety.
Special specifications reflect the features of design, engineering solutions, construction, as well as the subsequent operation and dismantling (demolition) of buildings.
Depending on the degree of protection of the object by the established regulatory standards, according to the decision of the applicant, several types of STU can be developed:

Requirements that contain technical solutions for the planning, construction and operation of structures, as well as other buildings, for the design of which there are no provisions for the protection and reliability of the facility;
Norms that include technical rules for ensuring seismic protection;
Regulations containing technical standards for the planning and construction of structures in the field of fire protection.

The procedure for the development and approval of STU


The development of STU is carried out in accordance with the terms of reference of the applicant for a research, design or other organization that has a scientific and technical base and experience practical activities in this area.
Before the development of the STU, the technical, constructive, planning and volumetric solutions of the structure, the products and materials used are determined. Also analyzed normative base object, which serves as the basis for the creation of missing provisions or the development of missing requirements. Technical solutions can be prepared for the object as a whole, its parts or individual engineering systems and designs.

Special specifications must include the following information:

Detailed justification for the need to prepare the STU and the missing regulations for this structure, which are set out according to the structure current rules;
A list of necessary deviations from the rules of the current regulatory documentation, which contains the rationale for their development and measures to compensate for these deviations;
Grounds for the construction of the object;
Information about the name, location of the structure and the conditions for its construction;
Data about the customer, the design company and the creator of the STU;
Description of the building as a whole and its main elements, indicating the planning and volumetric and structural solutions, which are supplemented by land plot diagrams and drawings of planning and architectural solutions.

The structure of technical conditions is determined at the stage of drawing up a task for their preparation. As a rule, it should correspond to the structure of the current regulations in this area.
The provisions contained in the established regulatory documentation are not included in special specifications. The units of quantities and designations used in the STU must comply with building requirements and state standards.

The procedure for the approval of special specifications


The STU approval procedure is carried out in the bodies of the Ministry of Construction and the Ministry of Emergency Situations.

To coordinate the technical conditions, the construction customer must submit the following documentation to the relevant authorities:
The customer's application, which is drawn up in any form, is signed by the head and certified by the seal of the enterprise;
An explanatory note that contains information about the need to prepare STU, adopted design decisions, and compensatory measures. In addition, the note indicates the regulatory rules that contain new technical standards, as well as data on ensuring the protection of the facility;
Draft specifications in 2 copies;
A copy of the assignment for the preparation of STU, certified by the head of the construction applicant.
As a rule, the documentation provided by the customer is not subject to return, except in cases approved by applicable law.
The resolution on approval or refusal to consider technical conditions is adopted by the Minister within a month from the date of submission of documents to the Ministry of Regional Development. In certain situations, the term for consideration of technical conditions may be extended to three months. If the documentation is provided to the authorities in violation of the current list, it is returned to the customer within ten days.

Consideration of the documentation of special TS consists in studying the structure of the submitted materials and documents, carrying out a scientific and technical assessment, preparing an opinion based on the results of the examination and making a decision to approve or refuse to consider the TS.
When a positive decision is made, the STU is drawn up by affixing the signature of the Minister on the title page and the signatures of an authorized person on each sheet of technical specifications. After approval, the specifications are subject to approval by the applicant.

The customer is notified of the decision taken within 3 working days by the Ministry of Regional Development by sending a written notification. At the same time, one copy of the technical specifications is attached to the STU, which is drawn up in accordance with applicable standards.
In case of refusal to approve, one copy of the STU and a copy of the conclusion are attached to the notification. After eliminating the factors that caused the refusal to agree, the customer can re-send the documentation for consideration.

The agreed specifications are subject to registration in a special register and archival storage.

The construction customer has the right to withdraw the application at any stage of consideration of documents by sending a written notification to the Ministry of Regional Development. At the same time, the approval of the STU is terminated, after which an appropriate conclusion is drawn up, which is approved by the Minister or an authorized representative.

The GOST-NORM company provides a full range of services for the development and coordination of STU for objects of various forms of ownership and functionality. The preparation and approval of STU is carried out by experienced, professional specialists. The company's experts have a wide scientific and technical base and many years of experience, which is a guarantee of the quality and efficiency of the services performed.

Before sending an electronic application to the Ministry of Construction of Russia, please read the rules of operation of this interactive service set out below.

1. Electronic applications in the field of competence of the Ministry of Construction of Russia filled in in accordance with the attached form are accepted for consideration.

2. An electronic appeal may contain a statement, complaint, proposal or request.

3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry provides an objective, comprehensive and timely consideration of applications. Consideration of electronic appeals is free of charge.

4. In accordance with the Federal Law of May 2, 2006 N 59-FZ "On the procedure for considering applications from citizens of the Russian Federation", electronic applications are registered within three days and sent depending on the content in structural units Ministries. The appeal is considered within 30 days from the date of registration. An electronic appeal containing issues, the solution of which is not within the competence of the Ministry of Construction of Russia, is sent within seven days from the date of registration to the appropriate body or the appropriate official, whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.

5. An electronic appeal is not considered when:
- the absence of the name and surname of the applicant;
- indication of an incomplete or inaccurate postal address;
- the presence of obscene or offensive expressions in the text;
- the presence in the text of a threat to the life, health and property of an official, as well as members of his family;
- using a non-Cyrillic keyboard layout or only capital letters when typing;
- the absence of punctuation marks in the text, the presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already received a written answer on the merits in connection with previously sent appeals.

6. The response to the applicant of the appeal is sent to the postal address specified when filling out the form.

7. When considering an appeal, it is not allowed to disclose the information contained in the appeal, as well as information relating to the private life of a citizen, without his consent. Information about the personal data of applicants is stored and processed in compliance with the requirements of Russian legislation on personal data.

8. Appeals received through the site are summarized and submitted to the leadership of the Ministry for information. The answers to the most frequently asked questions are periodically published in the sections "for residents" and "for specialists"

"On the procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction facility"

Edition of 04/15/2016 - Valid from 09/12/2016

MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES OF THE RUSSIAN FEDERATION

ORDER
dated April 15, 2016 N 248 / pr

ON THE PROCEDURE FOR THE DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS FOR THE DEVELOPMENT OF PROJECT DOCUMENTATION FOR A CAPITAL CONSTRUCTION FACILITY

1. Approve the attached Procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction facility.

2. Recognize as not subject to application from the date of entry into force of this order:

a) Order of the Ministry of Regional Development of the Russian Federation of April 1, 2008 N 36 "On the procedure for the development and approval of special technical conditions for the development of project documentation for a capital construction project" (registered by the Ministry of Justice of the Russian Federation on April 11, 2008, registration N 11517) ;

b) Order of the Ministry of Regional Development of the Russian Federation of October 21, 2010 N 454 "On Amendments to the Order of the Ministry of Regional Development of the Russian Federation of April 1, 2008 N 36 "On the Procedure for the Development and Approval of Special Technical Conditions for the Development of Design Documentation for a Capital Project construction" (registered by the Ministry of Justice of the Russian Federation on December 17, 2010, registration N 19213).

3. To impose control over the execution of this order on the First Deputy Minister of Construction and Housing and Communal Services of the Russian Federation L.O. Stavitsky.

And about. Minister
L.O. Stavitsky

APPROVED
by order of the Ministry of Construction
and housing and communal services
Russian Federation
dated April 15, 2016 N 248 / pr

PROCEDURE FOR THE DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS FOR THE DEVELOPMENT OF PROJECT DOCUMENTATION FOR A CAPITAL CONSTRUCTION FACILITY

I. General provisions

1. This Procedure for the development and approval of special technical conditions for the development of project documentation for a capital construction object (hereinafter referred to as the Procedure) establishes the requirements for the development and approval of special technical conditions (hereinafter referred to as STU) in the case established by Part 8 of Article 6 of the Federal Law of December 30 2009 N 384-FZ "Technical Regulations on the Safety of Buildings and Structures" (Collected Legislation of the Russian Federation, 2010, N 1, Art. 5; 2013, N 27, Art. 3477) (hereinafter referred to as the Technical Regulations).

2. STU are technical requirements in the field of safety of a capital construction object, containing (in relation to a specific capital construction object) additional to the established or absent technical requirements in the field of safety, reflecting the features of engineering surveys, design, construction, dismantling (demolition) of a capital construction object, as well as containing deviations from the established requirements.

3. STUs are developed in the following types:

a) technical requirements, as a result of which, on a mandatory basis, compliance with the requirements of the Technical Regulations is ensured;

b) technical requirements for industrial safety of hazardous production facilities of capital construction, as a result of which, on a mandatory basis, compliance with the requirements of the Technical Regulations is ensured;

c) technical requirements for the seismic safety of capital construction facilities in areas with a seismic activity of more than 9 points, as a result of which, on a mandatory basis, compliance with the requirements of the Technical Regulations is ensured;

d) technical requirements, as a result of which, on a mandatory basis, compliance with the requirements of the Federal Law of July 22, 2008 N 123-FZ "Technical Regulations on Fire Safety Requirements" (Collected Legislation of the Russian Federation, 2008, N 30, art. 3579) is ensured; 2012, No. 29, Article 3997; 2013, No. 27, Article 3477; 2014, No. 26, Article 3366; 2015, No. 29, Article 4360) (hereinafter referred to as the Regulations).

II. Development of special technical conditions and requirements for their content

4. The development of STU is carried out in accordance with the terms of reference of the customer (technical customer) (hereinafter referred to as the interested person) by a design organization, research or other organization (hereinafter referred to as the developer).

5. The terms of reference should contain: a brief justification for the need to develop STU, data on the level of responsibility of capital construction facilities in accordance with the requirements of national standards, codes of practice, as well as other safety requirements necessary for the development of STU.

6. STU must contain:

a) a detailed justification for the need to develop STU and the missing regulatory requirements for a specific capital construction facility, set out in accordance with the structure of the codes of practice in the relevant field of activity;

b) a list of forced deviations from the requirements established by national standards and codes of practice, containing measures to compensate for these deviations;

c) grounds for construction (legal documents for the land plot);

d) data including the name and location of the capital construction object (address of the capital construction object, cadastral number land plot);

e) information about the interested parties, the design organization and (or) the developer of the STU;

f) description of the capital construction object as a whole and its essential elements with a presentation of space-planning and design solutions with the application of a scheme for organizing a land plot and drawings of architectural and planning solutions.

7. In case of deviations from the requirements mandatory application established by national standards and codes of practice, the STU should include provisions compensating for these deviations, if justified in one or more ways in accordance with paragraph 6 of Article 15 of the Technical Regulations.

Similarly, additional requirements should be justified in comparison with the mandatory requirements established by national standards and codes of practice.

8. The structure of the section (subsection) of the STU is determined at the stage of drawing up the terms of reference for their development and must comply with the structure of the codes of practice in the relevant field of activity. Additional requirements of each section (subsection) C1U must be assigned to the corresponding normative document or section of it.

9. International Standards, regional standards and codes of practice, standards foreign countries and sets of rules of foreign states (in whole or in part) can be included in the STU, provided they comply federal law dated December 27, 2002 N 184-FZ "On technical regulation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2002, N 52, item 5140; 2005, N 19, item 1752; 2007, N 19, item 2293, N 49 , item 6070; 2008, N 30, item 3616; 2009, N 29, item 3626, N 48, item 5711; 2010, N 1, item 5, item 6, N 40, item 4969; 2011, N 30, item 4603, N 49, item 7025, N 50, item 7351; 2012, N 31, item 4322, N 50, item 6959; 2013, N 27, item 3477, N 30 , Article 4071, No. 52, Article 6961; 2014, No. 26, Article 3366; 2015, No. 17, Article 2477, No. 27, Article 3951, No. 29, Article 4342, No. 48, Article 6724 ; 2016, N 15, item 2066).

10. The STU does not include the provisions contained in the standards and codes of practice, including calculation formulas in a different construction.

11. The designations and units of quantities used in the STU must correspond to the designations and units adopted in building codes and rules, state standards of the Russian Federation and national standards.

12. Technical requirements as part of the STU must be specified and provide the possibility of their control.

13. The interested person has the right to approve the STU after their agreement in accordance with Chapter III of this Procedure.

III. The procedure for agreeing on special technical conditions

a) information about the person concerned (name of the organization; legal form; location; contact number; individual taxpayer number; surname, name, patronymic (the last - if any) of the head of the organization);

b) information about the organization that developed the STU project (name of the organization; organizational and legal form; location; contact phone number; individual taxpayer number; last name, first name, patronymic (the last name, if any) of the head of the organization);

c) STU project in two original copies, endorsed by the developer (on the title page). Each copy of the STU project must be stitched, numbered and certified with a seal (if any) and signature of the head of the developer's organization;

d) an explanatory note to the draft STU, endorsed by an interested person, containing information on the need to develop STU, adopted technical decisions, compensatory measures (in case of decisions to deviate from existing technical standards), description of regulatory provisions containing new technical requirements (in case of development new requirements), information on ensuring the safety of the capital construction facility.

e) a copy of the terms of reference for the development of the STU project, certified by the seal (if any) and the signature of the person concerned;

f) scanned copies of the documentation specified in subparagraphs "a - e" of this paragraph, on electronic media.

15. For the approval of STUs containing technical requirements, as a result of which compliance with the requirements of the Regulations is ensured, the interested person sends in writing to the Ministry the documentation specified in paragraph 14 of this Procedure, with the attachment of a document on the approval of STUs with the Ministry of Emergency Situations of Russia, drawn up in accordance with the legislation of the Russian Federation.

16. If the documentation is sent to the Ministry in violation of the requirements established in paragraphs 14 and 15 of this Procedure, such documentation shall be returned to the person concerned without consideration within ten calendar days from the date of registration of the documentation with the Ministry.

17. The term for reviewing the documentation and making a decision to approve the draft STU or to refuse to approve the draft STU is thirty calendar days from the date of receipt of the documentation by the Ministry.

In order to obtain from interested federal bodies Executive branch of clarifications on the requirements provided for in the draft STU, the Ministry has the right to send an interdepartmental request.

If such a request is sent, by decision of the Minister of Construction and Housing and Communal Services of the Russian Federation (hereinafter referred to as the Minister), the period for reviewing the documentation and making a decision on the approval of the draft STU, or a decision to refuse to approve the draft STU, may be extended up to ninety calendar days. The interested person shall be informed in writing within five days from the date of such decision.

18. In order to consider STU projects, the Ministry creates a Regulatory and Technical Council (hereinafter referred to as the Council), whose decisions are advisory in nature. Recommendations of the Council are drawn up in a protocol (hereinafter referred to as the protocol).

19. The decision to approve the draft STU or the decision to refuse to approve the draft STU by the Ministry is made taking into account the minutes of the Council.

20. Approval of the draft STU may be refused if the draft STU does not comply with the requirements of Chapter II of this Procedure.

21. If the Ministry makes a decision to approve the draft STU, the interested person is informed in writing about such a decision within five working days from the date of its adoption with the application of the agreed STU.

22. If the Ministry decides to refuse to approve the draft STU within five working days from the date of its adoption, the interested person is informed in writing of such a decision indicating the reasons for the refusal to approve the draft STU with an extract from the minutes of the Council and the draft STU.

23. The interested person may re-send for approval the draft STU, modified according to the comments of the Ministry, with the documentation specified in paragraphs 14 and 15 of this Procedure attached.

24. Approval of changes to previously agreed STUs is carried out in the manner established for their adoption. In this case, the interested person, in addition to the documentation provided for in paragraphs 14 and 15 of this Procedure, sends certified copies of the previously agreed STU and a copy of the letter on the STU approval.

25. Previously agreed STUs are recognized as invalid from the day the Ministry makes a decision to approve the STU in the amended version.

26. The interested person has the right at any time of consideration of the documentation by the Ministry to withdraw it by sending an appropriate notification addressed to the Minister.

In this case, consideration of the documentation is terminated, of which the interested person is informed in writing by the Ministry.

27. The Council has the right to submit recommendations to the Ministry on the possibility of generalization technical solutions proposed in the draft STU, and amendments (additions) to the relevant sets of rules by the Council.