Requirements for the development of special technical conditions. Coordination of special technical conditions for the preparation of design documentation for capital construction projects
Full service name
Coordination of special technical conditions for training project documentation objects capital construction, 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
The role of applicants can be legal entities that are 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
Explanatory note containing information on the need to develop STU (original, 1 pc.)
- Required
- Provided without refund
Positive opinion of the Ministry Russian Federation for Civil Defense, Emergencies and Disaster Relief (certified copy, 1 pc.)
- Required
- Provided without refund
Draft STU (certified copy, 1 pc.)
- Required
- Provided without refund
Copy terms of reference for the development of STU (certified copy, 1 pc.)
- Required
- Provided without refund
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
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 business 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.)
An 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.
- Decision on approval of STU (certified copy, 1 pc.)
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 documents necessary for the provision of public services that do not meet the requirements established legal acts Russian Federation, 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)
Ministry regional development Russian Federation
FEDERAL AGENCY FOR CONSTRUCTION AND HOUSING AND UTILITIES
ORDER
On the Procedure for the Development and Approval of Special Specifications for the Development of Design Documentation for a Capital Construction Object
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
Appendix. The procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction object
Appendix
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 the regulatory legal acts of the 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 the capital construction object, 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 the STU does not include drawings, diagrams, instructions, methods, calculation and other justifications for 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 object;
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 subdivision Gosstroy (hereinafter referred to as the Administration).
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 Gosstroy on the consideration of STU, signed by the head of the developer (technical customer) or a person acting in his capacity. In the event that an application is submitted legal entity, the specified statement is 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;
an 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;
a copy of the 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 ensuring 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 of the endorsement signature of an authorized officer of the Department. The developer (technical customer) is notified of the decision taken by a letter from the State Construction Committee within three working days from the date of the 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. Brief description of the proposed new legal regulation
The draft order establishes general requirements for the development and approval of special technical conditions for the development of 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 bodies state power, local self-government bodies or changing the procedure for their implementation.
In connection with the transfer of the corresponding function to Gosstroy, the draft order establishes that the coordination of STU is carried out by Gosstroy.
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 costs at the expense of 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.
In what cases is it necessary to obtain STU? What are the types of special specifications? How to collect a package of documents for approval? What is the cost of developing STU? All this and much more is told by the experts of the LenTechCertification company.
What is STU?
Special specifications- these are technical standards that contain safety requirements and data on the features of design, construction, engineering surveys, operation and dismantling of the facility. The document is necessary if the described requirements are not in existing standards or it is impossible to comply with these standards during the design.
It's important to know! STU requirements are a priority in the territory of the Russian Federation. Other building codes (SNiP, SP, GOST, GOST R, VSN, VNTP, etc.) are not valid if they contradict the requirements of the STU.
Classification and types of special technical conditions
STUs of 4 types can be developed:
- According to the industrial safety of dangerous production facilities capital construction.
- For seismic safety of capital construction projects in areas with seismic activity over 9 points.
- Special technical conditions for fire safety.
- Technical requirements for buildings of a unique type (design buildings, monuments, etc.)
When are STUs required?
Development and approval of special technical specifications may be required in the following cases:
- The designed object is non-standard.
- Construction is carried out in areas with high seismic activity.
- There are no fire safety requirements for the design of residential buildings with a height of more than 75 m, as well as other objects (office, multifunctional, industrial) above 50 m.
- There are no automatic fire extinguishing systems at facilities where, according to the norms, they must be designed and installed.
- When designing fire passages in buildings with non-standard architecture.
These are far from all situations in which the development of STU is required. If you have any doubts, it is best to consult with the specialists of the LenTechCertification company - they will tell you about all required documents and orient on the cost and terms.
In addition, the development of STU can help:
- settle contentious issues due to inconsistencies in regulatory documents;
- find the most effective design solutions;
- draw up a competent and effective list of compensatory fire prevention measures.
What does the special specification include?
The STU states:
- Justification of the need to develop special specifications;
- List of additional requirements to be developed for the facility;
- Information about the object itself (customer, purpose of construction and purpose of the object, location, developer, designer);
- Data about the STU developer;
- Basic engineering and planning decisions with attached drawings, plans and diagrams.
Development and approval of special technical conditions
Development
STUs are developed in strict accordance with the order of the Ministry of Construction of the Russian Federation dated April 15, 2016 No. 248 / pr “On the procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction object”. The document specifies the requirements for the design and content of the technical conditions.
It should be noted that the development of special technical conditions (STU) is an unlicensed activity. That is, the performer is not required to receive special licenses or accreditations. According to the above order, an organization with scientific and technical potential and experience in the relevant field can engage in this activity. Therefore, when choosing a contractor, you should first of all rely on his reputation, reviews and qualifications of employees.
Coordination
Coordination of special technical conditions is carried out by the Ministry of Construction and Housing and Communal Services. If STUs are designed to ensure fire safety, then the conclusion of the Ministry of Emergency Situations is also necessary.
Before approval, you need to prepare the following set of documents:
- Applicant Information
- Information about the developer of the STU project
- The STU project itself in two original copies
- Explanatory note to the project
- A copy of the terms of reference for the development of the project, certified by the seal
- Scanned copies of the documentation specified in subparagraphs "a - e" of paragraph 14 of the Procedure, on electronic media
The procedure for the development and approval of special technical conditions
The whole procedure can be divided into 5 main steps:
- Providing initial data. The initial data is provided by the customer and it is he who is responsible for the timing of this stage. The developer, in turn, can help by giving a detailed list of what is required.
- Development of STU (first edition). When all the necessary information is provided, the performer gets to work. The specific period depends on the complexity of the object, but on average it is from 14 to 40 business days.
- Coordination with the customer. Finished STUs are carefully checked by the customer. The developer answers all questions that arise and, if necessary, makes changes.
- Making edits. The timing of this stage largely depends on the customer himself - in order to reduce the time of work, it is better to carefully consider the project at the first approval.
- Coordination with the Ministry of Construction and other structures. Here, the period is determined by the Procedure for the development and approval of STU and is 1 month (can be extended up to 3 months). When developing special technical specifications for fire safety, you will need the approval of the fire STU in the Ministry of Emergency Situations. In this case, the total period will increase, because. procedures cannot be run at the same time.
STU cost
The cost of developing and agreeing on special technical conditions depends on their type, the specific construction object, as well as factors affecting its construction. There is also a cost adjustment factor that increases with the number of deviations from regulations. In order to find out the exact price of STU development, contact the company's experts.
Get a free consultationWe invite you to apply for services for the development and approval of STU to us, the LenTechCertification company. Experts will consult you for free on existing issues and in just 4 hours they will make an individual calculation of the cost and conditions. Call or fill out the form feedback We will get to work promptly!
"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 design 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 federal law dated December 30, 2009 N 384-FZ "Technical Regulations on the Safety of Buildings and Structures" (Collected Legislation of the Russian Federation, 2010, N 1, Article 5; 2013, N 27, Article 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 the application of which on 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) 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. 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, when justified in one or more ways in accordance with paragraph 6 of Article 15 technical regulation.
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 C1U must be assigned to the relevant regulatory document or its section.
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 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, 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, 4322, no. 2477, N 27, item 3951, N 29, item 4342, N 48, item 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 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 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 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.
In this article, we want to cover in detail such issues as:
Are special technical specifications (STU) for designing in terms of ensuring fire safety included in the design documentation?
is it possible to say that "development of STU" is included in the concept of "development (preparation) of project documentation"?
So, what is STU (Special Specifications) and what does the project documentation (PD) consist of? The composition of the project documentation was approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87 (as amended on December 10, 2014) “On the composition of sections of project documentation and requirements for their content.” The entire content of the Regulations on the composition of sections of project documentation, approved by Resolution No. 87, is precisely the answer to the question: what does the PD consist of and what does it include?
Design documentation for capital construction facilities consists of several sections: Explanatory note, Architectural solutions, Structural and space-planning solutions, etc. The PD also contains the section "Fire Safety Measures" (MOPB), which includes descriptions and justifications for design decisions in terms of ensuring the fire safety of the facility being designed, including graphic materials in the form of structural diagrams of fire protection systems and evacuation schemes. STU for ensuring fire safety are not contained in any section of the project documentation, and also do not appear in the resolution as an independent section. Special technical conditions in Decree No. 87 are mentioned only once - in paragraph 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 should be preceded by the development and approval in the prescribed manner of special technical specifications. ... "
The development of STU should precede the development of project documentation! Even if you do not dive deep into the regulatory and technical relationship between STU and project documentation, from the point of view of the logic of the Russian language, it is already clear that the presence of the word “precede” in clause 5 of Decree No. 87 separates the concepts of “STU development” and “PD development from each other, formally placing these two events in different places on the timeline. It is no longer possible to say that STU and project documentation are one and the same.
What is STU? Based on the same paragraph 5 of Decree No. 87, special technical conditions are a document that contains newly developed norms - the same regulatory requirements that are missing or absent in the regulatory framework of the Russian Federation for the design of a specific unique object or object with non-standard design solutions. Approximately the same definition of "Special technical conditions" is given by Part 8 of Article 6 of the Federal Law No. 384-FZ of December 30, 2009 (TECHNICAL REGULATIONS ON THE SAFETY OF BUILDINGS AND STRUCTURES) and Part 2 of Article 78 of the Federal Law No. 123-FZ of July 22, 2008 (TECHNICAL REGULATION ON FIRE SAFETY REQUIREMENTS). Order of the Ministry of Regional Development of Russia No. 36 of 04/01/2008 (paragraph 2) directly states that " STU are technical standards 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, operation, as well as dismantling (demolition) of the object.
Thus, STU for ensuring fire safety is a document containing norms, regulatory requirements.
It turns out that, according to their technical meaning, any STU is an individual normative document , in accordance with the requirements of which the design of a specific object is carried out, for which the STUs were developed.
The graphical diagram (below) simply but clearly shows that the regulatory requirements in terms of ensuring fire safety, included in the STU, are on a par with the requirements contained in other documents: Federal Law No. 123-FZ and in regulatory documents (Code of Rules ). The design organization, having in its hands developed and agreed in the prescribed manner STU on fire safety, develops all sections of the PD (especially for the MOPB section) for its unique (non-standard) facility in accordance with the following groups of "fire standards":
regulatory requirements of Federal Law No. 123-FZ,
regulatory requirements of regulatory documents (Codes of Rules),
regulatory requirements of STU.
Special technical specifications for fire safety, Federal Law No. 123-FZ and regulatory documents for industrial safety - together make up a set of documents that form a single, complete set of regulatory requirements in the field of fire safety (for a unique object).
In this article, we do not address the issue of the significance and legal status of the Special Specifications as a regulatory document, equal in status to the Codes of Rules, for example. We consider only the purpose and role of the document "Special Specifications" from a regulatory and technical point of view, based on the definitions of this document, enshrined in legislation.
It is clear that if the Special Technical Conditions contain a rationale for deviations from the fire safety regulatory requirements, then these cannot be deviations from the requirements of the Federal Law, these can only be deviations from the requirements of the Code of Rules. Therefore, the developer of project documentation has the right, when designing an object, to consider and apply the requirements of the STU as a higher priority, insofar as they contradict the requirements of the Code of Rules. For this, the legislation itself provides for the possibility of substantiating in the STU deviations from the requirements of regulatory documents, which are the Codes of Rules, but not the Federal Law.
And by the way, the very fact that the document "Special Specifications" is a tool that allows you to justify deviations from the requirements of regulatory documents (SP) is another strong argument confirming that the STU is, in its meaning, a regulatory document. It turns out that the norms contained in the STU are actually capable of replacing the norms of the Code of Rules in a certain part in case of deviation from the joint venture. In addition, Part 9 of Article 6 of the Federal Law No. 384-FZ of December 30, 2009 says that special technical conditions agreed in the prescribed manner may be the basis for including the requirements for buildings and structures contained in such special technical conditions, as well as for related with buildings and structures to the processes of design (including surveys), construction, installation, adjustment to national standards and sets of rules, the application of which ensures compliance with the requirements of this Federal Law. That is, STUs are norms for a specific object, but they have the theoretical ability to “migrate” to the national. standards and joint ventures, in case of mass application and similarity.
It should be noted that there are several factors due to which it may mistakenly appear that STU is still part of the project documentation. Firstly, the STU is, like the project documentation, an address, individual document, which, like all sections of the PD, is developed for one specific cap facility. construction. At the same time, STU and project documentation together must be sent to the Examination bodies. And if you do not dive deep into the essence of the issue, then you can take STU for a section of the project. You just need to understand that, in fact, STUs are sent for Expertise not as a section of the PD, but as a regulatory document, in accordance with which sections of the PD were developed, containing unique design solutions. Secondly, despite the fact that, logically and in theory, the development of special technical conditions (addressed regulatory document) should precede the development of design solutions, in practice it often turns out the other way around. Often, only during the design process, it can be understood that the construction customer or design organization plans to apply a non-standard design solution that goes beyond the current regulatory framework in the field of safety, and for which there are not enough regulatory requirements for fire safety. That is, only when the development of PD has already begun, it becomes clear that the object is turning into a unique (non-standard) one or another, and therefore it is necessary to develop STU for fire safety for the design of this object. This entails the introduction of a new stage "development of STU", which is carried out in parallel with the development of PD. Therefore, it may seem that STU is just one of the sections of project documentation. A situation arises in which STUs are actually adjusted as closely as possible to a ready-made unique design solution that the customer assumes, plans to apply at your facility. And in principle, such a course of events is normal if we talk about the practical side of the issue: otherwise it is simply impossible sometimes, without starting to design, to identify the insufficiency of the norms and, as a result, the need to develop STU. How then to understand the Decree of the Government of the Russian Federation of February 16, 2008 No. 87, which states that the development of PD should be preceded by the development and approval of special technical conditions, if in practice everything turns out to be the other way around? The fact is that if we talk about the relationship of two processes: 1) development and approval of STU and 2) development and approval of PD, at the beginning of the design, then the picture is the same: as a rule, indeed, the process of developing design documentation begins first. However, the word “precede” in paragraph 5 of Decree No. 87 carries a deeper meaning. If we consider how both of these processes are integrally connected, from the beginning to the end of each of them, throughout the entire design phase, then a completely different picture emerges. The process ends first: development and approval of STU- that is, regulatory requirements officially appear (after the STU is approved by the Ministry of Emergency Situations and the Ministry of Construction). And then the process ends development and approval (examination) of PD- that is, the final draft officially appears with a positive conclusion of the Expertise. And even if at the very beginning of the design, the construction customer laid down some non-standard design solution in the project, then it is still his plan; the customer can at this initial stage only plan and anticipate that in the future STU will be developed and agreed upon, legalizing the possibility of using this unique solution exactly the way the customer wants. Full-fledged grounds for including this design solution in the project from the customer appear only after the official receipt of the standards by which this design solution was (will be) designed, that is, after the development and approval of the STU. You also need to understand that the STU is far from always a permanent, unchanging document, which, from the development of the 1st edition until the end of all approvals, is not subject to any adjustments. The procedure for agreeing on special technical conditions consists in the fact that STUs are considered and discussed at two regulatory and technical councils of the Ministry of Emergency Situations of Russia and the Ministry of Construction of Russia in turn, where members of the councils (experts, scientists) may consider it necessary to correct, finalize the STU (they have the full right to do so) . Therefore, special technical conditions in the process of coordination may be transformed into a version that will differ from that planned at the beginning. It happens that the adjustments made to the STU at the approval stage are of a fundamental nature. This happens infrequently, but theoretically this is possible within the framework of the current STU approval procedure. In this case, the customer sometimes has to adjust his non-standard design solution so that it meets the requirements of the final version of the STU, which takes into account the opinions of the STC members. Otherwise, the project will not pass the Examination, because there will be a discrepancy between the project and the requirements of the agreed STU in terms of substantiating non-standard solutions. It is in such situations that it becomes obvious that at first the norms should still appear in the final version (agreed by STU), which have completely passed those stages of creation at which any changes were possible, and only then there is a reason to use the previously planned non-standard in the project design solution, taking into account bringing the project into strict compliance with the requirements of these standards (fully agreed upon STU). And in the end, the project is developed in accordance with the STU, the project is adjusted to the final version of the STU (taking into account the opinion of the STC members), and not vice versa.
STU for fire safety are essentially regulatory requirements necessary for the design of a non-standard object, that is, it is a regulatory document that ideally should already be in hand by the time design solutions are developed (just like we have FZ No. 123-FZ and Rulebooks). And despite the fact that, in practice, STUs are almost always developed simultaneously with PD, it is possible to formally apply the requirements of STUs in design only after the development and approval of STUs, when this document acquires its final version and official status, having passed through all the necessary regulatory and technical advice. (EMERCOM of Russia and Ministry of Construction of Russia).
Design documentation is essentially a description and justification (textual, graphical, calculated) of design solutions. Just as it cannot be said that the phrase "description of design solutions" in its meaning includes "development of regulatory requirements", it cannot be said that the term "design documentation" includes "Special Specifications".
Special technical conditions, by their definition within the framework of the current legislation, under no circumstances can be part of the project documentation, be its integral part or a separate section of the project. STUs are the norms that a designer needs to develop specific design solutions (design documentation).
Accordingly, such an activity as “development (preparation) of project documentation” cannot include by default such work as “development of STU”.
The need to write this article is due to the fact that, in practice, within the framework of their activities, professional STU developers constantly encounter cases of complete misunderstanding and ignorance on the part of STU customers, general design organizations, and even state (or non-state) experts for examination of a simple truth: not formally, technically, special technical conditions (STU) for fire safety are not project documentation, but an individual regulatory document that has its own (special) status.
How this misunderstanding manifests itself, and what it leads to, we will try to tell in more detail in the following articles using the example of specific cases from real activities in the development of STS.
