Dear visitors, if you were looking for information on the Technical Specifications (TU) for products, then you can go to the page you are interested in:
.
All requirements that will be specified in the STU will be a priority in the design and construction process throughout the territory Russian Federation. Sometimes, it is necessary for Russia, if there is an additional part of the security fire safety.
In general, today there are several varieties of special technical conditions at once. The type of documentation is determined by the nature of the requirements described in it, as well as by the scope of regulation of special specifications.
If the regulatory and technical documentation does not establish requirements for the object. In other words, the object is unique and technically complex - we are talking about airport complexes, high-rise buildings, oil platforms.
The cost of special technical documentation depends on the type of building and the factors affecting its construction, for example, an underground or ground structure. ?
The basis for the development and approval is the lack of basic design standards for those objects that have special unique parameters.
STUs are developed in accordance with the approved order of the Ministry of Regional Development of the Russian Federation dated April 1, 2008 No. 36.
And housing and communal services of the Russian Federation. Activities for the development of STUs are currently not licensed.
It is this approach that enables investors and designers to effectively use the STU as a document that allows you to regulate all inconsistencies of the project with fire safety requirements, while maintaining the ability to apply important decisions for the investor (technical and economic feasibility).
Depending on how the object planned for construction complies with the current regulations, STUs can be developed in three types:
STU containing technical requirements for the design, construction and operation of the facilities specified in Article 48.1 Urban Planning Code Russian Federation, objects cultural heritage(monuments of history and culture), as well as other objects for the design of which there are not enough requirements for reliability and safety established by regulatory technical documents.
Development and coordination of the Special Specifications (STU) establishes the most clear requirements for each specific object - this makes it possible to greatly simplify the preparation project documentation, preparing it for the successful passage of the state examination.
Regulates various controversial issues related to discrepancies in regulatory documentation;
Determines the optimal list of basic fire prevention measures;
Use of more efficient design solutions.
It is recommended that the development of design documentation (as well as special specifications) be carried out in parallel in conditions of very close interaction between designers. This is what helps to introduce rational solutions into the project, minimizing the risks of unnecessary time and financial costs.
Decree of the Government of Moscow of November 22, 2016 N 784-PP "On approval of the Administrative Regulations for the provision public service of the city of Moscow "Agreement of special technical conditions for the preparation of design documentation for capital construction projects, including metro facilities, during construction, the reconstruction of which state construction supervision is carried out by the executive authority of the city of Moscow"
In accordance with the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services" and the Decree of the Government of Moscow of November 15, 2011 N 546-PP "On the provision of state and municipal services in the city of Moscow", in order to implement the Agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation and the Government of Moscow on the transfer to the Government of Moscow of the exercise of part of their powers to agree in the prescribed manner on special technical conditions for the preparation of project documentation for capital construction projects, approved by order of the Government of the Russian Federation of July 5, 2014 Mr. N 1233-r, the Government of Moscow decides:
1. Approve the Administrative Regulations for the provision of public services of the city of Moscow "Agreement of special technical conditions for the preparation of design documentation for capital construction facilities, including metro facilities, during construction, the reconstruction of which is carried out by the state construction supervision body of the city of Moscow" ().
2. To impose control over the implementation of this resolution on the Deputy Mayor of Moscow in the Government of Moscow for urban planning policy and construction Khusnullin M.Sh.
| Mayor of Moscow | S.S. Sobyanin |
(Full name of an individual
(including individuals,
registered as
individual entrepreneur)
full name of the organization
and legal form
legal entity)
represented by: (for legal entities)
___________________________________
(Full name of the head or other
authorized person)
Identity document
___________________ (type of document)
____________________ (serial number)
________________ (by whom, when issued)
Information about the state
registration of a legal entity
(individual entrepreneur) :
OGRN (OGRNIP) _____________________
TIN _______________________________
tel. ______________________________
email mail _________________________
Request (statement)
I ask you to provide the service "Coordination of special technical
conditions for the preparation of design documentation for capital
construction, including metro facilities, during construction,
reconstruction of which the state construction supervision is carried out
executive authority of the city of Moscow" in order to implement
development of project documentation for construction, reconstruction,
overhaul (select the necessary) of the capital facility
construction ___________________________________________________________,
(Object name)
located at: _____________________________________________ ,
district ____________________________, district _____________________________.
Number ______ Date of issue ___________________ of the passport of the cultural object
heritage.
Information about the developer of the STU project:
Name of organization/individual entrepreneur: _______________________________________
OGRN (OGRNIP) ____________________________________________________________
TIN ________________________________________________________________
Full name, position __________________________________________________
tel. _________________________________________________________________
email mail __________________________________________________________
I am attaching the following documents:
1. Document proving the identity of the applicant or his
representative (in case of personal appeal, in case of individual appeal)
entrepreneur, natural person or person authorized by the applicant).
2. Documents confirming the authority to act on behalf of
builder, technical customer.
3. Explanatory note containing information about the need
development of STU, adopted design technical solutions, compensating
events (in the event of a decision to deviate from the existing
technical standards), a description of the regulations containing new
technical requirements (in case of development of new requirements),
information about the security of the object.
4. Positive conclusion of the Ministry of the Russian Federation on
affairs of civil defense, emergencies and liquidation
objects in terms of ensuring fire safety).
5. Draft STU in two copies, signed by officials
developer, with an application (in the form of separate documents):
Copies of the scheme of the planning organization land plot;
Space-planning, constructive and architectural solutions
capital construction object.
6. Copy terms of reference for the development of STU, certified
applicant (if the applicant is an individual or individual
entrepreneur), the head of the applicant or the person executing it
responsibilities.
Notification of the readiness of the result of the provision of state
services please send by e-mail _____________________________
(name of electronic
Please give me the result
(strike out the unnecessary).
I hereby confirm that I am familiar with the rules for providing
public service and bear responsibility for the completeness and accuracy
provided information.
I hereby confirm my consent to the implementation
Moskomexpertizoy following actions with my personal data
(personal data of an incapacitated person - the subject of personal
data (if the applicant is a legal representative): their
processing (including collection, systematization, accumulation, storage, clarification
(update, change), use, depersonalization, distribution
(including transfer to third parties), blocking, destruction
personal data), including in automated mode, in order to
obtaining information about the stage of providing public services, about
as a result of the provision of a public service, entering information into
the composition of the information of the Basic register of information necessary for
provision of public services in the city of Moscow, as well as on their
use by public authorities of the city of Moscow,
organizations subordinate to them, including in order to improve their
activities.
I also hereby confirm my consent to receive
information about the provision of public services, as well as about
activity of state authorities of the city of Moscow and
organizations subordinate to them. The information provided may be
over the mobile radiotelephone network short text
me information on the information and telecommunication network Internet on
the phone number and/or email address I provided.
This consent does not establish processing deadlines
The procedure for withdrawing consent to the processing of personal data
known.
Contact information of the subject of personal data for
providing information on the processing of personal data, as well as in
in other cases provided for by law:
_______________________________ (postal address), ____________ (telephone),
________________________________________ (E-mail address).
Appendix: a set of documents for ______ l. in 1 copy.
Signature __________________ _________________________
(full name)
"__" ______________ 20__*
Request (application) accepted:
FULL NAME. official (employee) authorized to receive the request
Signature _____________________ _________________________________________
(Full name full name decoding)
Date Time ____________________________
Note: The "*" marks fields that are mandatory.
Appendix 2
to
provision of public services
of the city of Moscow "Agreement of special
technical conditions for the preparation
project documentation of objects
capital construction, including
metro facilities, during construction,
reconstruction of which the state
construction supervision is carried out
executive authority
city of Moscow"
_____________________________
(applicant's name -
legal entity,
surname, initials of the applicant -
individual)
_____________________________
(applicant's address)
Committee of the city of Moscow on pricing policy in construction and
the state examination of projects reviewed the documents submitted
with an application (request) (incoming from ____________________ No. ________) for
approval of special technical conditions ____________________________
(the name of the STU is indicated), and informs.
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(the reasons for refusal to accept documents required for
provision of public services; if the grounds for
refusals are related to violation of the established requirements for such documents,
information about the name of documents (information, information) is indicated,
which are not presented, do not meet the Uniform requirements, have lost
in violation of established requirements)
In connection with the above, Moscomexpertiza cannot consider
submitted STU on the merits and returns the received documents.
For consideration of the STU on the merits, it is necessary to submit to
Moskomexpertiza documentation in accordance with the requirements of regulatory
legal acts of the Russian Federation and the city of Moscow and taking into account
the above remarks.
Appendix: a set of documents in 1 copy.
_________________________________________________________________________
(signature of an authorized official of Moscomexpertiza
with his name and position)
The Committee for Pricing Policy in Construction and State Expertise of Projects is empowered to agree on special technical conditions for the preparation of project documentation for capital construction facilities, including metro facilities, during the construction and reconstruction of which state construction supervision is carried out by the executive authority of Moscow.
Individuals and legal entities can act as applicants, individual entrepreneurs who are developers or technical customers.
The public service is provided on the basis of a request (application) for the consideration of special technical conditions (hereinafter referred to as STU). With the request, the applicant also submits explanatory note containing information on the need to develop STU, adopted design technical solutions, compensatory measures; a positive conclusion of the Ministry of Emergency Situations of Russia (if the STU contains technical requirements for the design and construction of facilities in terms of ensuring fire safety); Draft STU in two copies; a copy of the terms of reference for the development of STU, etc. A list of documents and information received by the Committee using interdepartmental interaction is also provided.
The total term for the provision of public services is no more than 22 working days. The service is provided free of charge.
The applicant may be denied the provision of public services only if the documents and information obtained using interdepartmental information interaction contradict the documents and information provided by the applicant.
The composition, sequence and timing of the implementation of administrative procedures, the requirements for the procedure for their implementation, as well as the specifics of the implementation of administrative procedures in electronic form are regulated.
Abbreviations used in the article:
The Ministry of Construction of Russia has prepared and registered with the Ministry of Justice its new order on approval of the procedure for the development and approval of STU.
“On the procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction object” was registered with the Ministry of Justice of Russia on August 31, 2016 No. 43505. Date of entry this document in force - 12.09.2016.
Previously, the Ministry of Construction made several attempts to prepare and register with the Ministry of Justice its new procedure for the development and approval of STUs to replace the old procedure approved.
In this article, we note how the new procedure for the development and approval of STU (approved by order of the Ministry of Construction No. 248 / PR) differs from the old order (approved by order of the Ministry of Regional Development No. 36), and we give comments on the new document.
In the analysis below, we do not mention all the changes in the Procedure for the development and approval of STUs, but only those that seemed to us the most interesting.
1. The very fact of preparing and approving the new Procedure established by the Ministry of Construction of Russia finally makes it possible to comply with the requirements of paragraph 5 “Regulations on the composition of sections of project documentation ...”, approved by Decree of the Government of the Russian Federation No. 87 dated February 16, 2008 (hereinafter referred to as the Regulation).
Paragraph 5 of the Regulation reads:
|
5. If for the development of design documentation for a capital construction object there are not enough requirements for reliability and safety established by regulatory technical documents, or such requirements are not established, the development of documentation must be preceded by the development and approval according to established order special specifications. |
To comply with the conditions of clause 5 of the Regulations, an important criterion is that STUs must be developed and approved(agreed) in the manner prescribed by the Ministry of Construction of Russia
and not by any other ministry! However, over the past three years, such an Order - established by the Ministry of Construction of Russia and having the status of a regulatory legal act(registered with the Ministry of Justice) did not exist. Thus, it was impossible to comply with the requirements of clause 5 of the Regulations, that is, to develop and approve special technical conditions within the framework of the non-existent Procedure.
All this time, the procedure for the development and approval of STUs was in effect, established by another ministry - the Ministry of Regional Development of Russia (it was abolished immediately after the creation of the Ministry of Construction).
In practice, everyone developed the STU in the manner prescribed by the Order of the Ministry of Regional Development of Russia No. 36 of 04/01/2008, because it was the only procedure registered with the Ministry of Justice and operating at that time. But one must understand that such a procedure did not meet the requirements of clause 5 of the Regulation, approved by Decree of the Government of the Russian Federation No. 87.
This discrepancy can be considered eliminated only now, when the Procedure for the development and approval of STU, established by the Ministry of Construction, has appeared.
2. Clause 1. Order - about what the present Order generally establishes:
Please note that paragraph 1 does not say anything about whether this Procedure establishes requirements for the development and approval of STU in the case established by part 2 of article 78 FZ N 123-FZ!
However, further in paragraph 3 of the Procedure, this type of STU is mentioned with reference to 123-FZ (subparagraph G)).
It looks like some kind of contradiction and inconsistency between the paragraphs within the same document.
If you try to explain this contradiction, then two main options are visible:
1) It is possible that the type of STU with reference to 123-FZ (subparagraph G)) was mistakenly included in clause 3 of the Order (types of STU). Otherwise, why include in the list of STU types such a type for which this Procedure does not establish requirements for development and approval? From paragraph 1 it is obvious that this Procedure establishes the requirements only to STUs developed on the basis of 384-FZ.
Or an error crept into clause 1, where it was necessary to write that this Procedure establishes requirements for the development and approval of STU in the event I established by part 8 of article 6 of 384-FZ and part 2 of article 78 123-FZ. But on the other hand, if paragraph 1 had been formulated in this way, it would have turned out that in terms of the approval procedure, two orders were formed: this one, approved by order No. 248 / PR of the Ministry of Construction, and the Regulation for the coordination of STU, approved by order No. After all, the Regulations of the Ministry of Emergency Situations of Russia are, in fact, also the procedure for approving STUs, which prescribes the approval of STUs developed on the basis of 123-FZ, in the Ministry of Emergency Situations, and not in the Ministry of Construction. Two different approval procedures for the same type of STU should not exist (duplication of procedures is prohibited by the legislation of the Russian Federation). It is possible that in order to avoid such a formal duplication of “procedures for coordinating STUs”, paragraph 1 of this Procedure did not indicate that it applies to STUs developed on the basis of 123-FZ.
2) Perhaps there is no error. What if the Ministry of Construction of Russia (the author of the document) means that all those cases of developing STUs that are established by 123-FZ always fall under the cases of developing STUs established by 384-FZ? But in order to verify this, it was necessary to perform comparison of cases (criteria) of the need to develop STUs established by these two laws. And this is not an easy question.
At the moment, there are two "document systems" containing fire safety requirements for the design of buildings and structures - this is " 123-FZ + list 474" and " 384-FZ + list 1521". These systems, if desired, can be considered understandable, balanced and thoughtful only if we consider each separately. But it is practically impossible to apply these two systems together, because they contradict each other, duplicate each other and simply do not agree with each other. The reason is that they are based on completely different principles and logic of regulation. In our article, we wrote that this duplication begins with the fact that the Emergencies Ministry of Russia and the Ministry of Construction of Russia overlap (duplicate) the functions of legal regulation in the field of fire safety in construction .
Accordingly, further this duplication flowed into the creation of two Federal laws and lists of regulatory documents to them. Both laws affect the area of fire safety in construction, but the principles and approaches are so different that we call them different "document systems".
So, in order to argue that all those cases of developing STUs that are established by 123-FZ always fall under the cases of developing STUs established by 384-FZ, it is necessary to compare not only the two formulations of laws 123-FZ and 384-FZ ( Part 2 of Article 78 and Part 8 of Article 6, respectively), describing the cases (criteria) of the need to develop STU, and in general these systems. For example, the main inconsistency regarding STS is that the criteria for the need to develop STS are formulated very differently. According to one law, the basis for the development of STU can only be the absence of fire safety requirements, according to another - the absence and retreat from requirements. At the same time, each law has “its own” lists of normative documents. Criteria for determining the need to develop STUs (absence of norms and deviations from norms) are logically linked to different lists. Thus, it is necessary to do a detailed comparative analysis of the fire safety requirements contained in the system " 123-FZ + list 474"and in the system" 384-FZ + list 1521". In general, this is a subject for a separate large work.
Did the Ministry of Construction conduct such an analysis before approving new order in this version? This is a big question. But now it all looks like a clumsy attempt to give a higher status to the system " 384-FZ + list 1521» in terms of determining the criteria for the need to develop STU.
In the Old Order, the same paragraph 1 was formulated in a completely different way - it did not link to any law:
3. Item 2 Order:
In the old order it was like this:
The meaning has not changed. In fact, STU is a document containing regulatory requirements. Both the old and the new wording confirm that STU is not project documentation (not design solutions), as many people think, but it is design requirements. In terms of the content of the STU, it is much closer to the concept of "normative document" than to the concept of "project documentation". We wrote more about this in. By the way, almost all the Main Directorates of the Ministry of Emergency Situations of Russia for the constituent entities of the Russian Federation write in their letters: "... to agree on this regulatory document."
4. Clause 3 of the Procedure determines the types of special technical conditions:
|
3. STUs are developed in the following types: |
Previously, there were 3 types of STU, now there are 4. A separate type has appeared - “STU for industrial safety” (b) (previously it was not formally).
The wording of the definitions of the types of STU has also changed - in each form, there is a link to the laws: 384-FZ or 123-FZ.
The first thing I want to note: types of STU b), c) and d) are defined according to a certain unified attribute “type of security”: b)- Industrial Safety, in)— seismic safety, G)- Fire safety. However, the type of STU - a) formulated in such a way that it includes other types of STU.
And it is not entirely clear why such an indefinite and, at the same time, comprehensive form of STU is needed, as a). Or, why after the species a) list some other types of STS, which are special cases of the type a). With such a general wording of subparagraph a), the meaning of dividing the STU into types is lost. Obviously, the form a) includes both b) and c).
5. Clause 4 of the Order has also undergone interesting changes.
Old wording:
New wording:
Firstly, before the development of STU had to be carried out on the instructions of the customer (investor). The application should have been sent to the Ministry of Construction from him - construction customer (investor). Now the terms “investor” and “customer of construction” have been removed from the document, and the terms “customer”, “technical customer” and “interested person” have been introduced. The exclusion of the terms “investor” and “customer of construction” means that now the term “customer (interested party)” can simply be understood as “customer of the STU” (since the customer of what is not indicated now?). And the STU customer is not always an investor and a construction customer. For example, for a STU developer, STU customers are often design institutes that perform the functions of a gene. designers, technical customers, etc. In a word, any customer organization can now be an interested person, not necessarily a “construction customer”, it can also be a “STU customer”.
It's all theory though. In practice, the Ministry of Construction of Russia, most likely, will continue to understand the “Customer” as the investor, and not the Customer of the STU. Time will tell.
Secondly, as before, clause 4 of the Procedure establishes who should develop the STU. Here we do not see significant changes, but we want to note that the development of STU can be carried out (as before) “... or other organization i.e. any organization. There are no restrictions or at least hints of the need for a STU developer to have a license or SRO approvals! Once again, it is confirmed that today the “development of STU” is an activity that is not subject to licensing.
It is also important to note that, based on the wording of clause 4, the development of STU is carried out organizations. AT Russian legislation the term "organization" is almost always identical to the concept " entity". For example, tax code clearly defines that organizations are legal entities, and individual entrepreneurs are individuals. In addition, the Civil Code of the Russian Federation establishes that an organization is recognized as a legal entity. That is, it is clear that these concepts (“organization” and “legal entity”) in various branches of Russian law are defined through each other.
The development of STU by someone who is not an "organization" will be a violation of paragraph 4 of the Order. And if we agree that the concepts of "organization" and "legal entity" are identical, then it turns out that individuals, individual entrepreneurs (not mentioned in clause 4 of the Procedure) do not have the right to carry out activities to develop STU.
6. Clause 6 of the Old Order has been removed in the new Order:
7. Clause 6 of the new Procedure establishes the requirements for the content of the STU:
Of particular perplexity is the need to include in the special technical conditions the basis for construction and drawings! That is, it is necessary to include in the STU not the details of the document that is the basis for the construction, but this document itself.
Concerning " drawings of architectural and planning solutions, then here you just need to know that formally STUs are regulatory requirements developed for design. First - the development of STU, then - design. Theoretically, "drawings architectural and planning solutions" may not yet exist at the development stage of STU: the drawings will appear later, in the design process.
As a rule, none of the developers of STU fulfills these requirements, no one includes in the text of STU a document that is the basis for construction. Usually, only the details of the document are indicated in the STU, and a copy is attached to the STU, and, as a rule, no one attaches drawings of architectural and planning solutions. But nevertheless, there is an unconditional requirement for the inclusion in the STU of a “title document” and drawings in the Order.
8. Added new item 13:
In principle, this idea was obvious before, since in the Old Order, the list of documents sent to the Ministry of Construction included a subparagraph: "- STU project in two copies, signed by the developer's officials;» . This means that even before the approval of the STU by the customer was not required before the document was approved by the Ministry of Construction, it was enough to sign the STU to the developer. Now this moment is simply additionally clarified in a separate paragraph.
9. Paragraph 14 establishes a list of documents that must be sent to the Ministry of Construction for approval of the STU:
|
14. For the approval of the STU project, the interested person sends to the Ministry of Construction and Housing and Communal Services of the Russian Federation (hereinafter referred to as the Ministry) the following documents and materials (hereinafter referred to as documentation): |
The main changes compared to the old Order:
1) The paragraph - “a statement of the construction customer drawn up in an arbitrary form” has been removed. This hardly means that the application is no longer needed. In any case, when applying to the executive authority, you will have to prepare a letter with a request to consider the STU. In this regard, nothing has essentially changed.
2) Added the items "information about the person concerned ..." and "information about the organization developer of the STU project ...". Previously, similar clauses were contained in clause 7 of the old Order, that is, this information about the customer and developer should have been included in the text of the STU. And it was logical. Now, based on clause 14 of the new Procedure, “information about the person concerned” and “information about the organization of the developer of the STU project” are separate documents, since they are indicated as separate subparagraphs in the listing after the words “ documents and materials(hereinafter - documentation) ". What are these two such documents (a and b)? In what form and in what form should the document be prepared? information about the person concerned", and the document is " information about the organization developer of the STU project" not installed! But obviously it must be two separate documents!
By the way, this information should also be included in the text of the STU, as before (paragraph 6, subparagraph e of the new Order).
3) In subparagraph in) A new requirement has been added on the need to flash and number the STU.
4) An explanatory note (PP) to the STU was needed before, but if earlier it was enough to approve or endorse the developer of the STU, now in accordance with subparagraph G) The PP must be endorsed by an interested person (customer)! And this pure water innovation! This is really what we all (STU developers) lacked so much.
5) Subparagraph e)- about a copy of the terms of reference, did not bring any innovations.
But I would like to note that in accordance with this subparagraph, it is necessary to send unbrewed wow copy
terms of reference, and a certified copy wow
technical tasks
. This means that you must first certify the TOR (sign and seal the Customer), and then make a copy of the certified TOR. After that, no additional signatures and seals are required on the copy itself! Someone may read this paragraph in such a way that you also need to certify the copy itself, although it is written in Russian in white: the copy is certified wow
technical tasks
!
(The word "certified" refers to "assignment", not "copy").
6) Subparagraph e) on scanned copies of all documents on electronic media is generally new. Although such a practice (to send a copy of the documentation on a carrier to the Ministry of Construction) has long existed.
10. Clause 15 - on the need to provide a letter of conclusion to the Ministry of Construction of the Ministry of Emergency Situations for the approval of fire STUs developed on the basis of 123-FZ:
In the new Procedure, this provision is placed in a separate paragraph 15. In the old Procedure, a similar wording was included in paragraph 14:
Main changes:
1) In accordance with the new Procedure, it is necessary to attach to the main documents (listed in clause 14) also a “document for the coordination of the STU with the Russian Emergencies Ministry”, drawn up in accordance with the legislation of the Russian Federation. Please note that you need to attach the document itself (that is, the original), and not a copy of it. « STU approval document"- the wording is strange, in the Regulations of the Ministry of Emergency Situations of Russia (and in the legislation in general) there is no such term. This obviously means the letter of the Ministry of Emergency Situations and / or the conclusion of the Ministry of Emergency Situations, issued to the customer as a result of the provision of state. services for the approval of STU in the Ministry of Emergency Situations of Russia. So now it will be necessary to send the original letter (or conclusion) of the Ministry of Emergency Situations to the Ministry of Construction, and at the same time, this document is unlikely to be returned by the Ministry of Construction to the Customer after consideration of the STU. This is a very ambiguous wording, but the word “copy” before the word “document”, alas, is not in paragraph 15!
2) Previously, it was written that STU firefighters are sent to the Ministry of Construction if there is a positive conclusions of the Ministry of Emergency Situations. This meant that the STU had to be approved positively by the Ministry of Emergency Situations (no other way).
Now in the new Order under the term " Document by agreement STU with the Ministry of Emergency Situations of Russia, issued in accordance with the law"You can mean both a letter from the Ministry of Emergency Situations on the approval of the STU, and a letter from the Ministry of Emergency Situations about the need to finalize the STU (according to the Regulations of the Ministry of Emergency Situations, both options can be the result of public services). After all, a letter about sending STU for revision is also “ document on
approval of STU
", since it was issued as a result of the provision of state. services on
approval of STU. In clause 15 of the Procedure, it should not be indicated “ Document by agreement STU with EMERCOM of Russia" positive or negative, the main thing for the Ministry of Construction is that it be " issued in accordance with the legislation of the Russian Federation».
11. Item 16:
The Ministry of Construction reserves the right to refuse to consider the STU if the interested person has not submitted a document on the approval of the STU with the Russian Emergencies Ministry, issued in accordance with the legislation of the Russian Federation. Whether the document on the coordination of the STU with the Russian Emergencies Ministry has been drawn up in accordance with the law will be decided (checked), obviously, by the Ministry of Construction. Thus, the Ministry of Construction indirectly controls the activities of the Ministry of Emergency Situations of Russia in terms of the correct execution of the document for the approval of STU (for compliance with the Regulations of the Ministry of Emergency Situations).
If the person concerned as a result of state. services for the coordination of STU received from the Ministry of Emergency Situations a document (conclusion of the Ministry of Emergency Situations), executed not
in accordance with the law, and further sent this “incorrect” document for approval of the STU to the Ministry of Construction (in accordance with clause 15 of the Procedure), then the Ministry of Construction has the right to refuse to consider the STU (based on clause 16 of the Procedure). The person concerned in this case is not to blame for anything (the Ministry of Emergency Situations incorrectly executed its document, and the Ministry of Construction refused on this occasion), however, he (the person concerned) will have to spend a lot of time trying to figure out the situation after the refusal of the Ministry of Construction. The interested person cannot eliminate such a reason for the refusal on his own, he will have to write requests, questions, requests to the Ministry of Emergency Situations, so that the Ministry of Emergency Situations reissues his document on the approval of the STU (letter of conclusion). At the same time, the Ministry of Emergency Situations has every right not to admit its mistake and not agree to “re-register” the letter and / or conclusion that they issued to the applicant as a result of providing the state. services. In addition, there is no accelerated procedure for reissuing the conclusion of the Ministry of Emergency Situations, any official appeal to the Ministry of Emergency Situations will be considered as a new one (within 1 month).
In general, all this can drag on for several months only for the reason that either the Ministry of Emergency Situations incorrectly issued the “document for the approval of the STU”, or the Ministry of Construction made a mistake in assessing the correctness of the execution of the document prepared by the Ministry of Emergency Situations.
In addition, no special requirements to registration the conclusion or letter of the Ministry of Emergency Situations of Russia is not established by the legislation of the Russian Federation. The regulation of the EMERCOM of Russia establishes only the requirements to content conclusions of the regulatory and technical council (clause 32.1), but the requirements to registration not included in the regulation.
12. Item 17:
In the old order, the terms for agreeing on the STU were the same as now in the new one: 30 calendar days. Only if earlier the Ministry of Regional Development (and then the Ministry of Construction) could extend the consideration of STU up to 3 months without explaining the reasons, now an extension of up to 90 days is possible only if the Ministry of Construction sends an interdepartmental request.
13. Item 20:
This item is new. In the old Procedure, there were no cases (reasons) in which the approval of the STU could be refused. Here it is important not to confuse the term “STU approval” with “STU review”, because the reasons for the refusal to consider the STU were also in the Old Order earlier - this is the failure to submit a set of documents. But there were no reasons for the refusal to approve the STU.
Now the approval of STU can be denied only when " non-compliance of the draft STU with the requirements of Chapter II of this Procedure. This paragraph for the first time, at least in general terms, defines the subject of verification within the framework of the STU approval procedure by the Ministry of Construction (what specifically checks, analyzes the Ministry of Construction when considering the STU).
Suppose, if earlier the Ministry of Construction could refuse to approve the STU on the basis that the requirements in the STU do not meet the requirements in the conclusion of the Russian Emergencies Ministry, now it will not be able to (if it acts within the framework of the Procedure). Now the Ministry of Construction can only refuse in case of non-compliance of the draft STU with the requirements of Chapter II of the Procedure, and in chapter II there are no requirements that the STU and the conclusion of the Ministry of Emergency Situations should somehow correspond to each other. That is, if in the conclusion of the Ministry of Emergencies some requirements are written that differ from the requirements of the STU, then now there is nothing wrong with that (it happens that the employees of the Ministry of Emergency Situations transfer the main decisions from the STU to their conclusion, paraphrasing them to their taste - this is absolutely normal).
Thus, firstly, the Ministry of Construction no longer checks the conclusion of the Ministry of Emergency Situations, but checks STU project. And secondly, the Ministry of Construction does not check the draft STU for compliance conclusion of the Ministry of Emergency Situations, but checks the STU project for compliance the requirements of Chapter II of the Procedure.
14. Paragraphs 17, 21 and 22 state that in three cases:
interested party " is informed in writing» about such decisions within 5 days from the date of their adoption!
“Informed in writing within 5 days” - this does not mean that these 5 days are intended only for the execution and signing of the letter by the Ministry of Construction, and the time for sending this letter by Russian post is not included in these 5 days. “Informed in writing within 5 days” - this means that the information must be received within 5 days by the person concerned, at least by e-mail in the form of a scanned letter from the Ministry of Construction.
In order for the condition “within 5 days” to be unconditionally fulfilled, the Ministry of Construction will apparently have to send a written notification to the person concerned, and certainly not by Russian post, but either by express delivery (by courier), or in a scanned form on email interested person. If the Ministry of Construction spends 5 days only on preparing a letter, and then send it by Russian post (as it always happened), then the requirements of paragraphs 17, 21 and 22 will not be fulfilled by the Ministry of Construction in terms of meeting the deadline for informing the customer.
MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES OF THE RUSSIAN FEDERATION
(MINSTROY OF RUSSIA)
On the procedure for the development and approval of special technical conditions for the development of project documentation for a capital construction object
In accordance with Part 8 of Article 6 of the Federal Law of December 30, 2009 No. 384-FZ "Technical Regulations on the Safety of Buildings and Structures" (Collected Legislation of the Russian Federation, 2010, No. 1, Art. 5; 2013, No. 27, Art. 3477 ) and subparagraph 5.2.8 of the Regulations on the Ministry of Construction and Housing and Communal Services of the Russian Federation, approved by Decree of the Government of the Russian Federation dated November 18, 2013 No. 1038 "On the Ministry of Construction and Housing and Communal Services of the Russian Federation" (Collected Legislation of the Russian Federation, 2013, No. 47, item 6117; 2016, No. 6, item 850) I order: To approve the attached Procedure for the development and approval of special technical conditions for the development of project documentation for a capital construction project.
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 dated April 1, 2008 No. 36 “On the procedure for developing and agreeing on special technical conditions for the development of project documentation for a capital construction facility” (registered by the Ministry of Justice of the Russian Federation on April 11, 2008, registration No. 11517); b ) Order of the Ministry of Regional Development of the Russian Federation of October 21, 2010 No. 454 “On Amendments to the Order of the Ministry of Regional Development of the Russian Federation of April 1, 2008 No. 36 “On the Procedure for the Development and Approval of Special Technical Conditions for the Development of Design Documentation for a Capital Construction Object” (registered by the Ministry of Justice of the Russian Federation on December 17, 2010, registration number 19213). Stavitsky.21297902603500
And about. Minister L.O. Stavitsky APPROVED by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated April 15, 2016 No. 248/prORADOK
Development and approval of special technical conditions for the development of project documentation for a capital construction project
General provisions
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 No. 384-FZ "Technical Regulations on the Safety of Buildings and Structures" (Collected Legislation of the Russian Federation, 2010, No. 1, Art. 5; 2013, No. 27, Art. 3477) (hereinafter referred to as the Technical Regulations). areas of safety of a capital construction object, containing (in relation to a specific capital construction object) additional to the established or missing technical requirements in the field of safety, reflecting the features engineering surveys, design, construction, dismantling (demolition) of a capital construction facility, as well as those containing deviations from established requirements. 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 projects 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 No. 123-FZ "Technical Regulations on Fire Safety Requirements" (Collected Legislation of the Russian Federation, 2008, No. 30, art. 3579; 2012) is ensured , 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). Development of special technical specifications and requirements for their content
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).
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.
The 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) the basis 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;
E) description of the capital construction object as a whole and its essential elements outlining space-planning and constructive solutions with the application of the scheme of organization of the land plot and drawings of architectural and planning solutions.
In case of deviations from the requirements mandatory application established by national standards and codes of practice, provisions compensating for these deviations should be included in the STU, 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.
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 correspond to the structure of the codes of practice in the relevant field of activity. Additional requirements of each section (subsection) of the STU must be assigned to the corresponding normative document or section of it.
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 No. 184-FZ “On Technical Regulation” (Collected Legislation of the Russian Federation, 2002, No. 52, Art. 5140; 2005, No. 19, Art. 1752; 2007, No. 19, Art. 2293, No. 49 , item 6070; 2008, No. 30, item 3616; 2009, No. 29, item 3626, No. 48, item 5711; 2010, No. 1, item 5, item 6, No. 40, item 4969; 2011, No. 30, item 4603, No. 49, item 7025, No. 50, item 7351; 2012, No. 31, item 4322, No. 50, item 6959; 2013, No. 27, item 3477, No. 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, No. 15, item 2066).
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.
The technical requirements in the STU must be specified and provide the possibility of their control.
The interested person has the right to approve the STU after their agreement in accordance with Chapter III of this Procedure.
The procedure for agreeing on special technical conditions
For the approval of the STU project, the interested person sends the following documents and materials (hereinafter referred to as the documentation) to the Ministry of Construction and Housing and Communal Services of the Russian Federation (hereinafter referred to as the Ministry):
A) information about the person concerned (name of the organization; legal form; location; contact phone number; individual taxpayer number; last name, first name, patronymic (last name, if any) of the head of the organization); b) information about the organization that developed the STU project (name organization; organizational and legal form; location; contact phone number; individual taxpayer number; last name, first name, patronymic (the last one - if any) of the head of the organization); c) draft STU 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 the event of decisions to deviate from the current technical standards), a description of the regulations containing new technical requirements (in the case of development new requirements), information on ensuring the safety of the capital construction facility.
E) scanned copies of the documentation specified in subparagraphs "a-e" of this paragraph, on electronic media.
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 the documentation specified in clause 14 of this Procedure to the Ministry in writing, with the document attached to the approval of STUs with the EMERCOM of Russia, drawn up in accordance with the legislation of the Russian Federation.
If the documentation is sent to the Ministry in violation of the requirements established in paragraphs 14 and 15 of this Procedure, such documentation is subject to return to the person concerned without consideration within ten calendar days from the date of registration of the documentation with the Ministry.
The term for reviewing the documentation and making a decision on the approval of the draft STU or on the refusal 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 parties 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 to approve 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.
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).
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.
The approval of the draft STU may be refused if the draft STU does not comply with the requirements of Chapter II of this Procedure.
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 agreed STU attached.
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.
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.
Coordination 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.
Previously agreed STUs are recognized as invalid from the day the Ministry decides to approve the STU in the amended version.
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, and the interested person is informed in writing by the Ministry.
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.
MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES
FARMS OF THE RUSSIAN FEDERATION
ABOUT ORDER
CAPITAL CONSTRUCTION
In accordance with Part 8 of Article 6 of the Federal "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) and subparagraph 5.2.8 of the Regulations on the Ministry of Construction and housing and communal services of the Russian Federation, approved by the Decree of the Government of the Russian Federation of November 18, 2013 N 1038 "On the Ministry of Construction and Housing and Communal Services of the Russian Federation" (Collected Legislation of the Russian Federation, 2013, N 47, art. 6117; 2016, N 6, item 850), 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. 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 design 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
order of the Ministry of Construction
and housing and communal services
Russian Federation
dated April 15, 2016 N 248 / pr
ORDER
DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS
FOR THE DEVELOPMENT OF PROJECT DOCUMENTATION FOR THE FACILITY
CAPITAL CONSTRUCTION
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 specifications
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 of the land plot);
e) information about the interested parties, the design organization and (or) the developer of the STU;
f) a description of the capital construction object as a whole and its most important elements, outlining space-planning and design solutions, with the application of a land plot organization scheme and drawings of architectural and planning solutions.
7. If there are deviations from the requirements of mandatory application established by national standards and codes of practice, provisions compensating for these deviations should be included in the STU, 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) of the STU must be assigned to the relevant regulatory document or its section.
9. International standards, regional standards and codes of practice, standards of foreign states and codes of rules of foreign states (in whole or in part) can be included in the STU provided they comply with the Federal Law of December 27, 2002 N 184-FZ "On Technical Regulation "(Collected Legislation of the Russian Federation, 2002, N 52, Art. 5140; 2005, N 19, Art. 1752; 2007, N 19, Art. 2293, N 49, Art. 6070; 2008, N 30, Art. 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, No. 50, article 7351; 2012, No. 31, article 4322, No. 50, article 6959; 2013, No. 27, article 3477, No. 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, No. 15, article 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 comply with the designations and units adopted in building codes and regulations, 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
14. To approve the draft STU, the interested person sends the following documents and materials (hereinafter referred to as the documentation) to the Ministry of Construction and Housing and Communal Services of the Russian Federation (hereinafter referred to as the Ministry):
a) information about the person concerned (name of the organization; 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);
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 solutions, compensatory measures (in case of decisions to deviate from existing technical standards), description of regulations 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. In order to agree on STUs containing technical requirements, as a result of which the requirements of the Regulations are observed, 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 clarifications from interested federal executive authorities 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 to approve 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 agreed STU attached.
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. An 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 by the Ministry of the documentation to withdraw it by sending an appropriate notification addressed to the Minister.
In this case, consideration of the documentation is terminated, and 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 generalizing the technical solutions proposed in the STU projects and introducing changes (additions) to the relevant sets of rules by the Council.
