The procedure for developing and approving stipulations. Coordination of special technical conditions for the preparation of design documentation for capital construction projects Requirements for the preparation of special technical conditions

Electronic services

Full name of the service

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

Conditions for receiving services on the site

  • Who can apply for the service:

    Individuals

    The applicants may be individuals being developers or technical customers

    Legal entities

    Legal entities that are developers or technical customers can act as applicants

    Individual entrepreneur

    The applicants may be individual entrepreneurs being developers or technical customers

  • Cost of the service and payment procedure:

    For free

  • List of required information:

    Request (application) for provision public services(original, 1 pc.)

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

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

    • Required
    • Available without return
    An explanatory note is provided, certified by the applicant (if the applicant is an individual or individual entrepreneur), the applicant’s manager or the person performing his duties, containing information about the need to develop STU, adopted design technical solutions, compensatory measures (in case of decisions to deviate from the current technical norms), description of regulations containing new technical requirements (in case of development of new requirements), information on ensuring the safety of a capital construction project.

    Positive opinion from the Ministry Russian Federation for civil defense matters, emergency situations and disaster relief (certified copy, 1 pc.)

    • Required
    • Available without return
    Provided if the STU contains technical requirements for the design and construction of facilities in terms of ensuring fire safety.

    Project STU (certified copy, 1 pc.)

    • Required
    • Available without return
    A draft STU is provided, signed electronically by the developer's officials, with the attachment (in the form of separate documents): 1. Copies of the planning organization of the land plot; 2. Space-planning, constructive and architectural solutions for a capital construction project.

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

    • Required
    • Available without return
    A copy of the technical specifications for the development of STU is provided, certified by the applicant using an electronic signature (if the applicant is an individual or individual entrepreneur), the applicant’s manager or the person performing his duties.

    A copy of the technical specifications approved in accordance with the established procedure and a copy of the Approval Decision (certified copy, 1 pc.)

    • Required
    • Available without return
    A copy of the STUs approved in the prescribed manner and a copy of the approval decision, certified by the electronic signature of the head of the applicant or the person performing his duties (in case of amendments to the STUs, agreed upon by the federal executive body exercising the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning).

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

    • Required
    • Available without return
  • Terms of service provision

    22 working days

  • Result of service provision

    Issued:

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

      A decision in the form of an order to approve the STU. At the applicant's request, a copy of the decision is issued to the applicant on paper.

      Sent to the applicant electronically. If the request indicates the need to obtain a copy of the result of the provision of a public service on paper, a copy of the result is issued on paper.

    • A decision in the form of an order to refuse approval of STU (certified copy, 1 pc.)

      Extract from the minutes of the meeting of the Normative and Technical Council of the Moscow City Committee on pricing policy in construction and state examination of projects, indicating the reasons for refusal of approval.

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

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

  • Receipt forms

    Through a legal representative

    On the WEB site

Refusal to accept documents

The grounds for refusal to accept documents necessary 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 by legal acts of the Russian Federation, legal acts of the city of Moscow, Uniform Requirements and Regulations for the provision of public services.

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

Submission of documents that have expired or have 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 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.

An 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 public services.

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 Moskomekspertiza for a public service that is not provided by Moskomekspertiza (including in the case where the approval of the STU must be carried out by the federal executive body exercising the functions of developing state policy and legal regulation in the field of construction, architecture, and urban planning).

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

Electronic copies (electronic images) of documents necessary 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 basis for refusal to approve the STU is the non-compliance of the STU project with the requirements of Chapter II of the Procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project, 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 public services

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


Department:

(MOSKOMEKSPERTIZA)

Ministry of Regional Development of the Russian Federation
FEDERAL AGENCY FOR CONSTRUCTION AND HOUSING AND COMMUNAL SERVICES

ORDER

On the Procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project


In accordance with Part 8 of Article 6 of the Federal Law of December 30, 2009 N 384-FZ “Technical Regulations for the Safety of Buildings and Structures” (Collection of Legislation of the Russian Federation, 2010, N 1, Art. 5) and clause 5.2.6 of the Regulations on the Federal Agency on construction and housing and communal services, approved (Collection of Legislation of the Russian Federation, 2012, No. 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 project.

2. Entrust control over the implementation of this order to the deputy head of the Federal Agency for Construction and Housing and Communal Services I.E. Genkin.

Supervisor
V.I.Kogan

Application. The procedure for developing and agreeing on special technical conditions for the development of design documentation for a capital construction project

Application
to the order of the Federal Agency
for construction
and housing and communal services

1. This Procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project establishes General requirements to the development and approval of special technical conditions (hereinafter referred to as 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 compliance is ensured on a mandatory basis 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 (Collection of Legislation of the Russian Federation, June 28, 2010, N 26, Article 3405), there are insufficient requirements for reliability and safety established by the specified standards and sets of rules, or such requirements are not established, as well as in other cases established by regulatory legal acts of the Russian Federation.

The inclusion in the STU of provisions containing deviations from current regulatory requirements is permitted with the simultaneous inclusion in the STU of provisions that compensate 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" (Collected Legislation of the Russian Federation, 2010, No. 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. Certain provisions contained in regulatory documents of 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 project.

The provisions of the STU are formulated in the form of specific regulatory requirements for a capital construction project, 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 provisions of a regulatory legal act of the Russian Federation.

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

7. The following is not allowed in STU:

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 provisions contained in the current regulatory legal acts of the Russian Federation and regulatory documents, including calculation formulas in a different structure.

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

The STU does not include drawings, diagrams, instructions, methods, calculations and other justifications for regulatory requirements.

8. Development of STU is carried out in accordance with the technical specifications of the developer (technical customer).

The terms of reference provide a brief rationale for the need to develop STUs, data on the level of responsibility of the capital construction facility, as well as other requirements and information necessary for the development of STUs.

9. Depending on the degree of provision of the capital construction project planned for construction with the current regulatory provisions, STUs may be developed containing requirements, including those related to ensuring mechanical, industrial, seismic, fire and other safety.

10. The STU must contain the following data:

justification for the need to develop STUs indicating missing regulatory requirements and (or) forced deviations from current regulatory requirements in relation to a specific capital construction project;

foundation for construction;

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

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

short description capital construction project outlining space-planning and design solutions.

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

12. The approval of the STU is carried out by the Federal Agency for Construction and Housing and Communal Services (hereinafter referred to as Gosstroy).

13. Organizational and technical measures for preparing the approval of the STU are carried out by an authorized structural unit of the State Construction Committee (hereinafter referred to as the Department).

Consideration of STUs, preparation of recommendations for approval or refusal to approve STUs, as well as recommendations for the design of STUs are carried out by the Normative and Technical Council of the State Construction Committee (hereinafter referred to as the Council). The Regulations on the Council and the composition of the Council are approved by order of the State Construction Committee.

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

an application from the developer (technical customer) addressed to the head of the State Construction Committee for consideration of the STU, signed by the head of the developer (technical customer) or the person performing his duties. If the application is submitted by a legal entity, the said application is certified by a seal.

draft STU in two copies, signed by a 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, results of tests and studies, diagrams, schedules, minutes of meetings and other similar information;

a copy of the technical specifications for the development of STU;

risk calculations (if necessary);

documents confirming the agreement of the STU or regulatory requirements contained in the STU with the interested federal executive authorities. STUs containing regulatory requirements regarding fire safety are submitted with the appropriate approval of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief. On the recommendation of the Council, Gosstroy sends the STU to the interested federal executive body to coordinate or obtain the position of such body on the possibility of applying additional regulatory requirements, as well as corresponding compensating and additional measures contained in the STU;

a copy of the technical specifications for the development of STU, certified by the head of the developer (technical customer) or the person performing his duties.

Documents submitted by the developer (technical customer) cannot be returned, except in cases established by this Procedure.

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

Documents for approval of STUs, submitted in accordance with paragraph 14 of this Procedure, are submitted by the Department 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 of approval. The Council's recommendations are indicated in the minutes of the Council meeting.

Review of the STU by the Council is carried out within a month from the date of registration in the State Construction Committee of the documents specified in paragraph 14 of this Procedure. In relation to capital construction projects listed in Article 48.1 of the Town Planning Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2005, N 1, Art. 16; 2006, N 52, Art. 5498; 2007, N 46, Art. 5553; N 50, Art. 6237; 2010, N 49, Art. 6410; 2011, N 29, Art. 4281; N 49, Art. 7015), this period may be extended by one month by decision of the head of Gosstroy or his authorized deputy in charge of the approval of STU .

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

17. The decision to approve the STU or to refuse to approve the STU is made by the head of Gosstroy or his deputy, who is 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 to approve the STU is formalized by affixing on the title page of two copies of the STU the approving signature of the person who made the said decision, and by affixing on each sheet of two copies of the STU the endorsement signature of an authorized employee of the Department. ABOUT the decision taken the developer (technical customer) is notified by letter from the State Construction Committee within three working days from the date of adoption of the relevant decision, to which one copy of the agreed technical specifications is attached.

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

20. After eliminating the reasons that served as the basis for refusal to approve the STU, they can be re-sent for approval in the prescribed manner.

21. If there is a need to make changes and additions to previously agreed STUs, the developer (technical customer) submits documents to the State Construction Committee in accordance with paragraph 14 of this Procedure. In this case, the draft STU is presented in full, taking into account the changes and additions made, and the explanatory note to the STU contains a table of the changes and (or) additions made.

If the STU is approved in a new edition, taking into account the changes and additions made, the previously agreed upon STU loses force from the date of adoption of the corresponding decision.

22. Typos and clerical errors in the agreed STUs can be corrected by indicating in a letter from Gosstroy a new edition of the relevant provisions of the STUs.

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 the State Construction Committee.

Information on calculations, justifications and forecasts of the consequences of implementing the proposed solutions, relevant for assessing the regulatory impact

Draft order of the Federal Agency for Construction and Housing and Communal Services "On the Procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project"

1. Brief description of the proposed new legal regulation

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

2. The problem that the new legal regulation is aimed at solving, an 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 goals of the proposed regulation and their compliance with the principles of legal regulation, program documents of the President of the Russian Federation and the Government of the Russian Federation.

The draft order was developed in accordance with paragraphs 5.2.6, 5.4.13 of the Regulations on the Federal Agency for Construction and Housing and Communal Services, approved by Decree of the Government of the Russian Federation of June 30, 2012 N 670, in order to bring departmental acts into compliance with higher regulatory legal acts of the Russian Federation.

4. New powers, functions, responsibilities and rights of state authorities, local governments or changes in the procedure for their implementation.

In connection with the transfer of the corresponding function to Gosstroy, the draft order establishes that the approval of STU is carried out by Gosstroy.

5. Assessment of expenditures of the budgets of the budgetary system of the Russian Federation for organizing the execution and execution of new powers, functions, responsibilities and the implementation of rights or for changing the procedure for their implementation.

The publication of the draft order will not require additional costs from the budget system of the Russian Federation.

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

New responsibilities of business entities and changes in the content of existing responsibilities are not provided.

7. The main groups of business entities whose interests will be affected by the new legal regulation, their quantitative assessment.

Developer (technical customer).

8. Assessment of expenses of entities engaged in business and other activities associated with the need to comply with the duties assigned to them, or with changes in the content of such duties.

There is no fee for the approval of STU from the developer (technical customer).

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

There are no risks of the problem being impossible to solve using the proposed method, and there are no risks of unforeseen negative consequences.

Electronic document text
prepared by Kodeks JSC and verified against.

Abbreviations used in the article:

  • Order— The procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project, approved by order of the Ministry of Construction of Russia No. 248/PR dated April 15, 2016,
  • Old order— The procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project, approved by order of the Ministry of Regional Development of Russia No. 36 dated April 1, 2008,
  • Position— Regulations on the composition of sections of project documentation and requirements for their content, approved by Decree of the Government of the Russian Federation No. 87 of February 16, 2008,
  • 123-FZ— Federal Law No. 123-FZ “Technical Regulations on Fire Safety Requirements”,
  • 384-FZ— Federal Law No. 384-FZ Technical Regulations on the Safety of Buildings and Structures,
  • List 474— List of documents in the field of standardization, as a result of which, on a voluntary basis, compliance with the requirements of 123-FZ is ensured, approved by order of Rosstandart No. 474 of 04/16/2014,
  • List 1521— List of national standards and codes of practice (parts of such standards and codes of practice), the application of which ensures compliance with the requirements of 384-FZ on a mandatory basis, approved by Decree of the Government of the Russian Federation No. 1521 of December 26, 2014,
  • Regulations— Administrative regulations of the Ministry of Emergency Situations of Russia for the provision of public services for the coordination of special technical conditions..., approved by order of the Ministry of Emergency Situations of Russia No. 710 of November 28, 2011.

The Ministry of Construction of Russia prepared and registered with the Ministry of Justice its new order approving the procedure for developing and approving STU.
“On the procedure for developing and agreeing on special technical conditions for the development of design documentation for a capital construction project” was registered with the Ministry of Justice of Russia on August 31, 2016 No. 43505. The effective date of this document is September 12, 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 developing and approving 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 provide comments on the new document.
In the analysis presented below, we do not mention all the changes to the Procedure for developing and approving STUs, but only those that seemed to us the most interesting.

1. The very fact of preparation and approval of the new Procedure established by the Ministry of Construction of Russia finally makes it possible to comply with the requirement of paragraph 5 of the “Regulations on the composition of sections of project documentation ...”, approved by Decree of the Government of the Russian Federation No. 87 of February 16, 2008 (hereinafter referred to as the Regulations).

Clause 5 of the Regulations reads:

5. If, for the development of design documentation for a capital construction project, the requirements for reliability and safety established by regulatory technical documents are insufficient, or such requirements are not established, the development of documentation must be preceded by the development and approval according to established order special technical conditions.
Order development and approval of special technical conditions is installed Ministry of Construction and Housing and Communal Services of the Russian Federation in agreement with federal executive authorities exercising regulatory functions in relevant areas of activity.

To comply with the conditions of clause 5 of the Regulations important criterion is that STUs should be developed And approved(agreed) in the manner established by the Ministry of Construction of Russia , and not any other ministry! However, over the past three years, such a Procedure, established by the Ministry of Construction of Russia and having the status of a normative legal act (registered with the Ministry of Justice), did not exist. Thus, comply with the requirements of clause 5 of the Regulations, that is, develop and approve special technical specifications within the framework of a non-existent Order, it was impossible.
All this time, the procedure for developing and approving STUs was in force, 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 STUs in the manner established by Order of the Ministry of Regional Development of Russia No. 36 dated April 1, 2008, because this was the only procedure registered with the Ministry of Justice and in force at that time. But we must understand that such a procedure did not meet the requirements of clause 5 of the Regulations 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 STUs, established by the Ministry of Construction, has appeared.

2. Clause 1. of the Order - about what this Order generally establishes:

Please note that clause 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 of the Federal Law N 123-FZ!
However, further in clause 3 of the Procedure this type of STU is mentioned with reference to 123-FZ (subclause G)).
This looks like some kind of contradiction and inconsistency between points within one document.
If we try to explain this contradiction, we can see two main options:

1) It is possible that the type of STU with reference to 123-FZ (subclause G)) was mistakenly included in clause 3 of the Procedure (types of STU). Otherwise, why include in the list of types of STU a type for which this Procedure does not establish requirements for development and approval? From clause 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 paragraph 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 6 384-FZ and part 2 of article 78 123-FZ. But on the other hand, if clause 1 had been formulated this way, it would have turned out that in terms of the approval procedure, two orders had been formed: this one, approved by Order No. 248/PR of the Ministry of Construction, and the Regulations for the approval of STUs, approved by Order No. 710 of the Ministry of Emergency Situations of Russia. After all, the Regulations of the Ministry of Emergency Situations of Russia are essentially also a procedure for approving STUs, which prescribes the approval of STUs developed on the basis of 123-FZ, to the Ministry of Emergency Situations, and not in the Ministry of Construction. There should not be two different approval procedures for the same type of technical specifications (duplication of procedures is prohibited by the legislation of the Russian Federation). It is possible that in order to avoid such formal duplication of “procedures for approving 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 development of STU, which are established by 123-FZ, always fall under the cases of development of STU, established by 384-FZ? But in order to be sure of 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 a simple question.
On this moment There are two “systems of documents” containing fire safety requirements for the design of buildings and structures - these are “ 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 almost impossible to apply these two systems together, because they contradict each other, duplicate each other and are simply not consistent with each other. The reason is that they are based on absolutely different principles and the logic of rationing. In ours, we wrote that this duplication begins with the fact that the Ministry of Emergency Situations of Russia and the Ministry of Construction of Russia overlap (duplicate) functions in legal regulation in the field of fire safety in construction . Accordingly, this duplication further spilled over 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 assert that all those cases of development of STUs that are established by 123-FZ always fall under the cases of development of STUs established by 384-FZ, it is necessary to compare not only the two wordings of laws 123-FZ and 384-FZ ( Part 2 of Article 78 and Part 8 of Article 6, respectively), describing cases (criteria) of the need to develop STUs, and these systems in general. For example, the main inconsistency regarding STUs is that the criteria for the need to develop STUs 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 regulatory documents. The criteria for determining the need to develop STU (absence of standards and deviations from standards) are logically tied to different lists. Thus, it is necessary to make 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 the new Procedure in this edition? This is a big question. But now all this looks like a clumsy attempt to assign 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 completely differently - it was not tied to any law:

3. Clause 2 of the 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 new formulations confirm that STU is not design documentation (not design solutions), as many believe, but this design requirements. In terms of content, STU is much closer to the concept of “regulatory document” than to the concept of “design 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: “... agree on this regulatory document.”

4. Clause 3 of the Procedure defines the types of special technical conditions:

3. STUs are developed of the following types:
a) technical requirements, the application of which ensures compliance with the requirements of 384-FZ on a mandatory basis;
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 384-FZ is ensured;
c) technical requirements for seismic safety of capital construction projects in territories with seismicity of more than 9 points, as a result of which application on a mandatory basis ensures compliance with the requirements of 384-FZ;
d) technical requirements, the application of which ensures compliance with the requirements of 123-FZ (hereinafter referred to as the Regulations) on a mandatory basis.

Previously there were 3 types of STU, now there are 4. separate species— “STU on industrial safety” (b) (previously it did not exist formally).
The wording of the definitions of the types of STU has also changed - in each type there is a link to the laws: 384-FZ or 123-FZ.
The first thing I would like to note: types of STU b), c) and d) determined by a certain single criterion “type of security”: b)- Industrial Safety, V)— seismic safety, G)Fire safety. However, the type of STU is A) formulated in such a way that it includes other types of STU.
And it is not entirely clear why such a vague and, at the same time, comprehensive type of STU is needed, like A). Or why after the sight A) list some other types of STU, which are special cases of the type A). With such a general formulation of subparagraph a) the meaning of dividing STU into types is lost. It is obvious that type a) includes both b) and c).

5. Clause 4 of the Order has also undergone interesting changes.

Old wording:

New wording:

Firstly, previously 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 “construction customer” 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 “construction customer” means that now the term “customer (interested party)” can simply mean “customer of STU” (since now the customer of what is not indicated?). And the customer of the STU is not always the investor and the construction customer. For example, for the developer of STU, the customer of STU is often design institutes that perform the functions of the general manager. designers, technical customers, etc. In a word, an interested party can now be any customer organization, not necessarily a “construction customer”, it can also be a “STU customer”.
Although this is all theory. 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 show.

Secondly, as before, paragraph 4 of the Procedure establishes who should develop the STU. We don’t see any significant changes here, but we would like to note that the development of STU can be carried out (as before) “... or other organization", that is, any organization. There are no restrictions or even hints of the need for the STU developer to have licenses or SRO approvals! Once again it is confirmed that today “development of technical specifications” is an activity 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. In Russian legislation, the term “organization” is almost always identical to the concept of “legal entity”. For example, the 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 clause 4 of the Procedure. 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. In the new Order, clause 6 of the Old Order has been removed:

7. Clause 6 of the new Procedure establishes the requirements for the content of the STU:

Particularly puzzling is the need to include the foundation for construction and drawings in special technical conditions! That is, the STU should include not the details of the document that is the basis for construction, but this document itself.
Concerning " drawings of architectural and planning solutions", then here you just need to know that formally STU are regulatory requirements developed For design. First - development of STU, then - design. Theoretically "drawings architectural and planning solutions" may not yet exist at the STU development stage: drawings will appear later, during the design process.
As a rule, none of the STU developers fulfills these requirements; no one includes in the text of the 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, the unconditional requirement for the inclusion of a “title document” and drawings in the STU is in the Procedure.

8. Added new paragraph 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 sub-item: “- draft STU in two copies, signed by the developer's officials. This means that previously it was not necessary for the customer to approve the STU before the document was approved by the Ministry of Construction; it was enough for the developer to sign the STU. Now this point has simply been further clarified in a separate paragraph.

9. Clause 14 establishes a list of documents that must be sent to the Ministry of Construction for approval of the STU:

14. To approve the draft STU, the interested party sends the following to the Ministry of Construction and Housing and Communal Services of the Russian Federation (hereinafter referred to as the Ministry): documents and materials (hereinafter referred to as documentation):
a) information about the interested party (name of the organization; organizational and legal form; location; contact phone number; individual taxpayer number; last name, first name, patronymic (last - if available) of the head of the organization);
b) information about the organization, the developer of the STU project (name of the organization; legal form; location; contact phone number; individual taxpayer number; last name, first name, patronymic (last - if available) 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 draft must be stitched, numbered and certified by the seal (if any) and signature of the head of the developer’s organization;
d) explanatory note to the draft STU, endorsed by the interested party, containing information on the need to develop STUs, adopted technical solutions, compensatory measures (in case decisions are made to deviate from current technical standards), description of regulations containing new technical requirements (in case of development of new requirements), information on ensuring the safety of a capital construction project .
e) a copy of the technical specifications for the development of the STU project, certified by the seal (if any) and the signature of the interested person;
f) scanned copies of the documentation specified in subparagraphs “a-e” of this paragraph on electronic media.

Main changes compared to the old Order:

1) The clause “a free-form application from the construction customer” has been removed. This hardly means that the application is no longer needed. In any case, when contacting 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 interested party...” and “information about the organization, the developer of the STU project...”. Previously, similar points were contained in paragraph 7 of the old Procedure, 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 interested party” and “information about the organization, 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(further - documentation) " What are these two such documents (a and b)? In what form and form should the document be prepared? information about the interested party", and the document - " information about the organization and developer of the STU project" not installed! But obviously these should be two separate documents!

By the way, this information should also be included in the text of the STU, as before (clause 6, subclause d of the new Procedure).

3) In subparagraph V) a new requirement has been added regarding the need to flash and number the STU.

4) An explanatory note (EP) to the STU was needed before, but if previously it was enough for it to be approved or endorsed by the developer of the STU, now in accordance with subparagraph G) The PP must be endorsed by the interested party (customer)! And this is pure innovation! This is really what we all (STU developers) have been missing.

5) Sub-clause d)- about a copy of the technical specifications, did not bring any innovations.

But I would like to note that, in accordance with this subparagraph, it is necessary to send unwelded materials to the Ministry of Construction wow copy technical specifications, and the copy is certified Wow technical tasks . This means that you must first certify the technical specification (sign and seal the Customer), and then make a copy of the certified technical specification. After this, no additional signatures or seals are required on the copy itself! Someone may read this paragraph to mean that the copy itself must also be certified, although in Russian it is written in plain English: the copy is certified Wow technical tasks !
(The word "certified" refers to the "assignment" and not to the "copy").

6) Subparagraph e) on scanned copies of all documents on electronic media is completely new. Although this practice (sending a copy of the documentation on a medium to the Ministry of Construction) has existed for a long time.

10. Clause 15 - on the need to provide the Ministry of Construction with a letter of conclusion from the Ministry of Emergency Situations for the approval of fire safety specifications developed on the basis of 123-FZ:

In the new Procedure, this provision is included in a separate paragraph 15. In the old Procedure, 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 on the approval of the STU with the Ministry of Emergency Situations of Russia”, 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; there is no such term in the Regulations of the Ministry of Emergency Situations of Russia (and in the legislation in general). This obviously means a letter from the Ministry of Emergency Situations and/or a conclusion from the Ministry of Emergency Situations, issued to the customer as a result of the provision of state. services for the approval of technical specifications 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, it is unlikely that this document will be returned by the Ministry of Construction to the Customer after consideration of the STU. This is a very ambiguous wording, but alas, the word “copy” before the word “document” 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" 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 on the need to finalize the STU (according to the Regulations of the Ministry of Emergency Situations, the result of a public service can be both options). After all, a letter about sending STU for revision is also “ document By approval of STU ", since it was issued as a result of the provision of state services By approval of STU. In clause 15 of the Procedure, it should be “ Document by agreement STU with the Ministry of Emergency Situations 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. Point 16:

The Ministry of Construction reserves the right to refuse to consider the STU if the interested party has not submitted a document for approval of the STU with the Ministry of Emergency Situations of Russia, issued in accordance with the legislation of the Russian Federation. Whether the document for coordination of the STU with the Ministry of Emergency Situations of Russia has been drawn up in accordance with the law will obviously be decided (checked) by the Ministry of Construction. Thus, the Ministry of Construction indirectly controls the activities of the Russian Ministry of Emergency Situations in terms of the correct execution of the document for the approval of the STU (for compliance with the Regulations of the Ministry of Emergency Situations).
If the interested person as a result of the state. services for the approval 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 then 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). In this case, the interested party is not guilty of anything (the Ministry of Emergency Situations incorrectly filled out its document, and the Ministry of Construction refused in this regard), however, he (the interested party) will have to spend a lot of time trying to understand the situation after the refusal at the Ministry of Construction. The interested party cannot eliminate such a reason for refusal on his own; he will have to write inquiries, questions, requests to the Ministry of Emergency Situations, so that the Ministry of Emergency Situations will re-issue its document in accordance with the approval of the STU (conclusion letter). At the same time, the Ministry of Emergency Situations has every right not to admit its mistake and not agree to “re-issue” 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 re-issuing the conclusion of the Ministry of Emergency Situations; any official appeal to the Ministry of Emergency Situations will be considered as new (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 prepared the “document for approval of the STU”, or the Ministry of Construction made a mistake in assessing the correctness of the document prepared by the Ministry of Emergency Situations.

In addition, no special requirements for registration conclusions or letters from the Ministry of Emergency Situations of Russia are not established by the legislation of the Russian Federation. The regulations of the Ministry of Emergency Situations of Russia establish only the requirements to contents conclusion of the regulatory and technical council (clause 32.1), but requirements for registration not contained in the Regulations.

12. Point 17:

In the Old Order, the terms for approving STUs were the same as now in the new: 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 to 90 days is possible only if the Ministry of Construction sends an interdepartmental request.

13. Point 20:

This item is new. The old Procedure did not indicate cases (reasons) in which approval of STU could be refused. Here it is important not to confuse the term “approval of STU” with “review of STU”, because There were reasons for refusal to consider the STU in the Old Procedure before - this was the failure to submit a set of documents. But there were no reasons for refusing to approve the STU.
Now approval of STU may be refused only when " non-compliance of the draft STU with the requirements of Chapter II of this Procedure.” This paragraph for the first time defines, at least in general terms, the subject of verification within the framework of the procedure for approving STUs by the Ministry of Construction (what exactly is checked is analyzed by the Ministry of Construction when considering STUs).
Let’s say that if previously the Ministry of Construction could refuse to approve the STU on the basis that the requirements in the STU do not correspond to the requirements in the conclusion of the Ministry of Emergency Situations of Russia, now it will no longer 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 regarding the fact that the STU and the conclusion of the Ministry of Emergency Situations must somehow correspond to each other. That is, if the conclusion of the Ministry of Emergency Situations contains some requirements 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 into their conclusion, paraphrasing them to their taste - this is absolutely normal).

Thus, firstly, the Ministry of Construction now does not check 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 draft STU for compliance requirements of Chapter II of the Procedure.

14. Paragraphs 17, 21 and 22 establish that in three cases:

  • extension of the period for consideration of technical specifications,
  • making a decision on approval of technical specifications,
  • making a decision to refuse approval of STU,

interested party " 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 period 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 already be received by the interested party within 5 days, at least by email in the form of a scanned letter from the Ministry of Construction.
In order for the condition “within 5 days” to be unconditionally met, the Ministry of Construction will apparently have to send a written notification to the interested person, certainly not by Russian Post, but either by express delivery (courier) or in scanned form to the interested person’s email. If the Ministry of Construction spends 5 days only on drawing up a letter, and then sends it by Russian Post (as has always happened), then the requirements of paragraphs 17, 21 and 22 will not be fulfilled by the Ministry of Construction in terms of compliance with the deadline for informing the customer.

Approved

decision of the Regulatory and Technical

Council of the Ministry of Regional Development of Russia,

ORDER OF CONSTRUCTION AND DESIGN OF SPECIAL TECHNICAL

CONDITIONS FOR DEVELOPMENT OF DESIGN DOCUMENTATION FOR THE OBJECT

CAPITAL CONSTRUCTION

Introduction

These guidelines discuss the principles and individual issues of construction and execution of special technical conditions (hereinafter referred to as STU), which are a regulatory document establishing additional or missing technical requirements for reliability and safety in relation to a specific capital construction project.

Special technical conditions (hereinafter referred to as STU) are developed in cases where provided for by law Russian Federation. The procedure for developing and approving STUs is established by order of the Minister of Regional Development of the Russian Federation dated April 1, 2008 No. 36.

STUs are developed based on:

2.2. List of STU performers. The list of performers is posted on the next page after title page and start with the appropriate heading, which is placed at the top of the page, in the middle, written in capital letters and highlighted in bold. An example of the list of STU performers is given in Appendix B.

2.4. Chapter " General provisions" is drawn up in the form of section 1, in which the following is indicated in subsections:

1) name and address of the object (the full name of the capital construction object and postal address are indicated).

2) information about the investor (customer) (full name is indicated legal entity, legal and actual address, position, last name, first name, patronymic of the head of the organization, TIN).

3) information about the general design organization (indicate the full name of the legal entity, legal and actual address, position, surname, name, patronymic of the head of the organization, TIN).

4) information about the developer of the STU (indicate the full name of the legal entity, legal and actual address, position, surname, first name, patronymic of the head of the organization, TIN).

5) grounds for construction (details and full names of documents issued by the relevant executive authorities and local government bodies are indicated).

6) the basis for the development of STU (the basis for the development of STU is indicated with reference to regulatory legal acts).

7) the need to develop STUs (a detailed justification for the need to develop STUs is indicated: what was the reason for their development with reference to regulatory legal acts and regulatory and technical documents).

If the capital construction project is not subject to current regulatory documents, a link is provided to the scope of application of the current regulatory documents listing the characteristics of the capital construction project that go beyond the scope of their application.

If the current regulatory documents apply to a capital construction project, but do not contain the necessary requirements in relation to the capital construction project, a list of missing regulatory requirements is provided.

If deviations from current regulatory documents are provided, references are provided to the points from which deviations are provided, and textual information about the essence of the provided deviations is provided. Links to clauses of regulatory documents may be indicated in parentheses after the text information.

8) scope of application of STU.

The name of the capital construction facility to which the STU applies, indicating the location address, as well as in which part of the STU apply to the facility, is indicated. STUs cannot apply to two or more capital construction projects, except in cases where they are functionally connected into a single complex.

9) a brief description of the object (a description of the object as a whole and its most important elements is indicated, outlining space-planning, design solutions and a description of the main characteristics of the organization of the land plot. The STU does not include drawings of constructive and space-planning solutions and diagrams of the organization of the land plot). Information that is not related to the issues considered in the STU and does not affect their development is not included in the brief description of the object.

10) a list of forced deviations from the requirements of current regulatory documents, containing the rationale for their necessity and measures to compensate for these deviations. Each deviation must have a corresponding compensating measure(s). The list of compensating measures does not include requirements that must be met at this facility, regardless of the provided derogations. It is allowed to draw up a list of forced retreats in the form of a table.

Table 1

┌─────┬─────────────────────┬──────────── ───────── ──┬─────────────────────┐ │ N │ Name │ Name │ Justification │ │ p/p │ deviations from │ compensating │ necessity │ │ │ normative │ activities │ deviations from │ │ │ requirements │ │ regulatory │ │ │ │ │ requirements │ ├─────┼─────────────── ──────┼─── ────────────────────┼──────────────────── ─┤ │ 1. │ (Indicate the item , │ (Indicated │ (Indicated │ │ │ an abbreviated │ specific measure │ justification │ │ │ name, │ or several │needs for this│ │ │ N normative │ measures, not │ deviations from │ │ │ technical │ established nal │ normative │ │ │ document and │ current │ requirements) │ │ │ textual │ normative │ │ │ │ wording) │ technical │ │ │ │ │documents that are│ │ │ │ │ compensating for │ │ │ │ │ of this deviation) │ │ ├─── ──┼─────────────────────┼──────────────── ───────┼─ ────────────────────┤ │ 2. │ │ │ │ ├─────┼───── ────────── ──────┼───────────────────────┼────────── ───────── ──┤ │ 3. │ │ │ │ ├─────┼─────────────────────┼─ ────────── ────────────┼─────────────────────┤ │ ... │ │ │ │ └─────┴ ─────────────────────┴─────────────────── ────┴──── ─────────────────┘

11) list of normative legal acts and normative documents (a list of normative legal acts and normative documents referred to in the text of the STU is indicated. Along with the full name of the document, its short name used in the STU may be indicated in brackets).

12) terms and definitions (terms and definitions that are not defined by current regulatory legal acts are indicated and regulatory documents).

2.5. The main regulatory and technical provisions of the STU are drawn up in the form of sections, the composition and content of which are determined by the developer of the STU in accordance with the requirements of the technical specifications for the development of the STU. The structure of the STU must correspond to the structure of current technical regulatory documents (the names of sections must correspond to the names of technical regulatory documents or their sections in the area of ​​which regulatory requirements are given).

Additional measures developed in connection with the lack of requirements of regulatory documents must be set out in the relevant sections of the STU.

2.6. If the design values ​​and characteristics of a capital construction project, as well as measures for its safety (including measures compensating for deviations), in accordance with the STU, must be justified at the stage of development of design documentation, then it is necessary to indicate the method of justification, as well as the criteria for compliance with safety requirements .

2.7. Certain provisions contained in regulatory documents of foreign countries may be included in the STU, provided that they do not weaken the reliability and safety requirements for such objects established by regulatory legal acts and regulatory documents of the Russian Federation.

2.8. The STU does not include provisions contained in current regulatory technical documents, including calculation formulas in a different structure, as well as calculations themselves.

2.9. 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.

2.10. Technical requirements as part of the STU must be specific and allow for the possibility of control in the prescribed manner.

3. Requirements for the design of the STU text

3.2. The margin sizes of each sheet of the document must be: left margin 30 mm, right margin 15 mm, top and bottom margins 20 mm, while the continuous text of the document must be aligned to the width of the page. The first line of a paragraph of text should begin 1.25 cm from the left edge of the document's text field.

3.3. The STU page numbering must be continuous, with all pages numbered in Arabic numerals (at the bottom of each page on the right), with the exception of the title page.

3.4. STU must be printed on one side of the sheet.

3.5. The text of the STU should be divided into sections in accordance with clause 2.5 of these MU. Sections must have serial numbers indicated in Arabic numerals.

3.6. Sections may have subsections, which are numbered with Arabic numerals within the section. The subsection number consists of the section and subsection numbers separated by a dot.

3.7. Sections and subsections may consist of paragraphs numbered accordingly within the section or subsection. In the first case, the item number consists of the section number and the item number, in the second - from the section number, subsection and item number, separated by a dot.

3.8. Points, if necessary, can be divided into sub-points, which should be numbered within the point.

There is no dot at the end of the numbers of a section, subsection, clause or subclause.

3.9. Listings may be provided within clauses or subclauses. Each enumeration item begins on a new line with a paragraph indentation. The position is preceded by a hyphen (dash) or, if necessary, a reference in the text to one of the listings, a lowercase letter, followed by a parenthesis. When further detailing the transfers, it is necessary to use Arabic numerals, after which a parenthesis is placed, and the positions are recorded with a paragraph indent.

A) ________________

B) ________________

1) ________________

2) ________________

IN) ________________

3.10. Sections (subsections) must have headings that briefly reflect the contents of the sections (subsections).

3.11. Each heading is written with a paragraph indentation. The title is written in lowercase letters, except for the first capital. There is no period at the end of the title. If the title consists of two sentences, they are separated by a period. Hyphenation of words in headings is not allowed. The distance between headings and text, between heading and subheading should be equal to one space.

3.12. The text of the STU should be short, clear and not subject to different interpretations. The text should use scientific and technical terms, definitions and designations established by the relevant documents (regulations, standards, etc.), and in their absence, generally accepted in the scientific and technical literature.

3.13. The following is not allowed in the text of the STU:

Use colloquial expressions, technicalities, and professionalisms;

Use synonyms for the same concept, as well as foreign words and terms if there are equivalent words and terms in the Russian language;

Use arbitrary word formations and abbreviations of words, except those established by the rules of Russian spelling and relevant standards;

Abbreviate the designations of units of measurement if they are used without numbers (except for the heads and sides of tables and decoding letter designations formulas);

Use the mathematical sign (-) before a negative number, except in formulas, you should write “minus”;

Use the sign "" to indicate diameter; the word "diameter" should be written;

Use mathematical symbols (>), ( without numeric values)<), (=) и т.п., а также знаки (N), (%);

3.14. Conventional letters, images or signs must comply with those adopted in current legislation and state standards. In the text, before the designation of the parameter, its explanation should be given, for example, “Temporary tensile strength.”

3.15. STUs should use standardized units of physical quantities, their names and designations in accordance with GOST 8.417.

3.16. Along with SI units, if necessary, units of previously used systems approved for use are indicated in parentheses. The use of different systems for designating physical quantities in one document is not allowed.

3.17. Numerical values ​​of quantities with the designation of units of measurement or units of counting should be written in numbers, and numbers without designation of units of measurement or units of counting from one to nine - in words.

Examples:

1. Test five pipes, each 5 m long.

2. Select 15 pipes for pressure testing.

3.18. If the text of the document provides a range of numerical values ​​of a physical quantity expressed in the same unit of a physical quantity, then the designation of the unit of the physical quantity is indicated after the last numerical value of the range.

Examples:

1) From 1 to 5 mm.

2) From 10 to 100 kg.

3) From plus 10 to minus 40 °C.

4) From plus 10 to plus 40 °C.

3.19. It is unacceptable to separate a unit of physical quantity from a numerical value (transfer them to different lines or pages), except for units of physical quantities placed in tables.

3.20. When citing the largest or smallest values ​​of quantities, the phrase “should be no more (no less)” should be used.

3.21. When citing permissible values ​​of deviations from the specified norms and requirements, the phrase “should not be more (less)” should be used.

“The clear height of emergency exits must be at least 1.9 m.”

3.22. Numerical values ​​of quantities in the text should be indicated with the degree of accuracy necessary to ensure the required properties, while in a series of quantities it is necessary to align the number of decimal places.

3.23. Fractional numbers should be given as decimals, except for measurements in inches, which should be written with a slash - 1/2; 1/4. If it is not possible to use decimal fractions, it is permissible to write numerical values ​​as a simple fraction on one line separated by a slash, for example 5/32; (50A - 4C) / 40B.

3.24. If there is a need for clarification or reference data to the content of the text, notes may be provided to the tables. Notes should not contain requirements.

3.25. Notes are placed immediately after the text material. Notes to the table are placed in the table itself. Each note is written in paragraph indentation with a capital letter. If there is only one note, then it is not numbered. After the word “note” there is a dash, after which the text of the note is written in capital letters.

If there are several notes, they are numbered in Arabic numerals. There is no period after the note number.

Examples:

Note - _______

Notes

Notes to tables are placed at the end of the table, below the line indicating the end of the table.

3.26. Requirements for formulas.

3.26.1. It is recommended to write each formula in the text on a new line. In formulas, the designations established by the relevant regulatory documents should be used as symbols. An explanation of the symbols and numerical coefficients included in the formula, if they are not explained earlier in the text, is given directly below the formula.

3.26.2. An explanation of each symbol should be given on a new line in the sequence in which the symbols are given in the formula. The first line of the explanation should begin with the word “where” without a colon after it.

The density of each sample p, kg/m3 should be calculated using the formula p = m/v, (1)

Where m is the mass of the sample, kg;

V - sample volume, m3.

3.26.3. Formulas that follow one after another and are not separated by text are separated by a comma. It is allowed to move the formula to a new line only on the signs of the operations being performed, which are repeated at the beginning of the next line. When translating a formula at the multiplication sign, use the "x" sign.

3.26.4. All formulas, with the exception of appendices, must have continuous numbering in Arabic numerals, which are written at the formula level on the right in parentheses. If there is only one formula, it is also numbered.

In formula (1).

3.26.6. Application formulas must be numbered in Arabic numerals within each application. The application claim number consists of the application designator and the claim number separated by a dot.

3.26.7. Numbering of formulas within a section is allowed. In this case, the number consists of the section number and the formula serial number, separated by a dot.

3.27. Requirements for tables.

3.27.1. For better clarity and ease of comparison of indicators, digital material should be presented in the form of tables. The table should be placed after the first mention of it in the text or given in the appendix. It is allowed to place the table along the long side of the format.

3.27.2. Tables, except for appendix tables, are numbered in Arabic numerals within the explanatory note. Application tables are numbered within the application with the application designator added before the table number, for example, “Table A1”. If there is only one table in the text or application, it is also numbered. All tables in the text must be referenced. In this case, you should write the word “Table” indicating its number. The title of the table should reflect its content and be precise and concise.

3.27.3. It is allowed to number tables within a section. In this case, the table number consists of the section number and the table sequence number, separated by a dot.

3.27.4. Column and line headings should be written in capital letters, and column subheadings should be written in lowercase letters, if they form one sentence with the heading. There are no periods at the end of headings and subheadings. Headings and subheadings of columns are indicated in the singular. Dividing headings and subheadings of columns and sidebars with diagonal lines is not allowed.

To shorten the text of headings and subheadings, individual concepts can be replaced by letter designations if they are explained in the text or shown in pictures, for example H - height, L - length, etc. Column headings can be written perpendicular to the lines.

3.27.5. It is allowed, if necessary, to divide tables into parts, placing them (parts) one under the other or next to each other or on another page, repeating the head and side of the table in each part of the table.

It is allowed to replace the head and side of the table with column or line numbers, respectively. Columns and lines are numbered with Arabic numerals. The word "Table", its number and name are indicated once above the first part of the table on the left. Above the remaining parts of the table write “Continuation of the table” and its number. Tables with a small number of columns can be divided into parts and placed one part next to the other on the same page. In this case, parts of the table are separated by a double line or a line of 2.25 pt thickness. The table head is repeated in each part of the table. The column “Sequence number” is not included in the table. If it is necessary to number indicators, parameters or other data, serial numbers should be indicated in the side of the table before their names.

3.27.6. Before the numerical value of quantities, designations of brands, types, etc. no serial number is given.

3.27.7. If all indicators in the columns of the table are expressed in the same unit of measurement, then its designation must be placed above the table on the right, and when dividing the table into parts - above each part.

3.27.8. If most of the columns of the table contain indicators expressed in the same units of measurement, but there are columns with indicators expressed in other units of measurement, then the name of the prevailing units of measurement should be written above the table, for example “Dimensions in meters”, and in the subheadings of the rest The graph gives the names of other units of measurement. The designation of the unit of measurement common to all data in one line should be indicated after the name (in the sides).

3.27.9. Text that is repeated in lines of the same column and consists of single words is replaced with quotation marks. If the repeated text consists of two or more words, then at the first repetition it is replaced with the words “same”, and then with quotation marks. Replace repeated numbers, mathematical symbols, formulas, etc. with quotation marks. not allowed.

4. Requirements for completeness and documentation,

submitted for consideration of the issue of approval of STU

4.1. List of mandatory documents submitted for consideration of the issue of approval of STU.

4.1.1. Application from the construction customer addressed to the Minister of Regional Development of the Russian Federation for consideration of the STU. Signed by the head of the organization or the person performing his duties. Certified by the seal of the customer’s organization (if the customer is a legal entity). It is not permitted to submit a copy of the application.

4.1.2. Explanatory note to STU. It is presented in one copy, bound, numbered and certified by the signature of an official and the seal of the customer or developer of the STU. It is not allowed to submit a copy of the explanatory note. The explanatory note must contain:

Information on the need to develop STU;

Main technical solutions adopted;

List of compensating measures (in case decisions are made to deviate from current technical standards);

Description of regulations containing new technical requirements (in case of development of new requirements);

Information about ensuring the safety of the facility;

Information on the approval of the STU with interested federal executive authorities (if such approvals are available).

4.1.3. The draft STU is presented in two copies, signed by the developer’s officials and made in accordance with Sections 2 and these guidelines, as well as stitched, numbered and certified by the signature of the official and the seal of the customer or developer of the STU. It is not allowed to submit copies of the STU. In addition to the STU, a draft STU is provided in electronic form on electronic media in 1 copy.

4.1.4. A positive conclusion from the Ministry of Emergency Situations of Russia must be submitted to the STU project for the design and construction of a capital construction facility, in terms of ensuring fire safety. The conclusion of the Ministry of Emergency Situations of Russia is provided from the relevant unit of the Ministry of Emergency Situations of Russia, determined by paragraphs 4, , of the instruction on the procedure for agreeing on deviations from fire safety requirements, as well as additional fire safety requirements not established by regulatory documents, approved by order of the Ministry of Emergency Situations of Russia dated March 16, 2007 N 141 (Registered in Ministry of Justice of Russia March 29, 2007, registration N 9172).

4.1.5. A copy of the technical specifications for the development of STU. It is presented in one copy, certified by the seal and signature of the customer’s manager or the person performing his duties.

4.2. List of additional documents that may be submitted for consideration of the issue of approval of STU.

4.2.1. Drawings of space-planning solutions and land plot organization schemes may be submitted within the scope of pre-design studies, and for the Moscow region - within the scope of the “Regulations”.

List of STU performers

List of STU performers Head of development ________________________________________ ________________ _________________ position personal signature initials, surname Performers _____________________________________________ ________________ _________________ position personal signature initials, surname _____________________________________________ ________________ _________________ position personal signature initials, surname CO-PERFORMERS (if any) ____________________________________________________________ name of the co-executor's organization Development Manager _____________________________________________ ________________ _________________ position personal signature initials, surname Performers ________________________________________ ________________ _________________ position personal signature initials, surname ________________________________________ ________________ _________________ position personal signature initials, surname

"On the procedure for developing and agreeing on special technical conditions for the development of design documentation for a capital construction project"

Revision dated 04/15/2016 - Valid from 09/12/2016

MINISTRY OF CONSTRUCTION AND HOUSING AND COMMUNAL SERVICES OF THE RUSSIAN FEDERATION

ORDER
dated April 15, 2016 N 248/pr

ON THE PROCEDURE FOR DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS FOR THE DEVELOPMENT OF DESIGN DOCUMENTATION FOR A CAPITAL CONSTRUCTION SITE

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

2. To 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 N 36 “On the procedure for developing and agreeing on 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 dated October 21, 2010 N 454 "On amendments to the Order of the Ministry of Regional Development of the Russian Federation dated 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 facility construction" (registered by the Ministry of Justice of the Russian Federation on December 17, 2010, registration N 19213).

3. Control over the implementation of this order shall be entrusted to 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 DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS FOR THE DEVELOPMENT OF DESIGN 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 project (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” (Collection of 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 project, containing (in relation to a specific capital construction project) 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 project, as well as containing deviations from established requirements.

3. STUs are developed of the following types:

a) technical requirements, the application of which ensures compliance with the requirements of the Technical Regulations on a mandatory basis;

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 seismic safety of capital construction projects in territories with seismicity of more than 9 points, as a result of the application of which compliance with the requirements of the Technical Regulations is ensured on a mandatory basis;

d) technical requirements, as a result of the application 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” is ensured (Collected Legislation of the Russian Federation, 2008, N 30, Art. 3579; 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 technical specifications of the customer (technical customer) (hereinafter referred to as the interested party) by a design organization, research or other organization (hereinafter referred to as the developer).

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

6. The STU must contain:

a) a detailed justification for the need to develop STUs and the missing regulatory requirements for a specific capital construction project, 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) basis for construction (title documents for the land plot);

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

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

f) a description of the capital construction project as a whole and its most important elements, outlining space-planning and design solutions, attaching a diagram of the organization of the land plot 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, the STU must include provisions that compensate for these deviations, when justified in one or more ways in accordance with paragraph 6 of Article 15 of the Technical Regulations.

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

8. The structure of a section (subsection) of the STU is determined at the stage of drawing up technical specifications 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 C1U must be assigned to the corresponding regulatory document or its section.

9. International standards, regional standards and sets of rules, standards of foreign countries and sets of rules of foreign states (in whole or in part) can be included in the STU, subject to their compliance with the Federal Law of December 27, 2002 N 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, Art. 6070; 2008, No. 30, Art. 3616; 2009, No. 29, Article 3626, No. 48, Article 5711; 2010, No. 1, Article 5, Article 6, No. 40, Article 4969; 2011, No. 30, Article 4603, No. 49, Art. 7025, N 50, article 7351; 2012, N 31, article 4322, N 50, article 6959; 2013, N 27, article 3477, N 30, article 4071, N 52, article 6961; 2014, N 26, Art. 3366; 2015, N 17, Art. 2477, N 27, Art. 3951, N 29, Art. 4342, N 48, Art. 6724; 2016, N 15, Art. 2066).

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

11. Designations and units of quantities used in the STU must correspond to 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 ensure the possibility of their control.

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

III. The procedure for agreeing on special technical conditions

a) information about the interested party (name of the organization; organizational and legal form; location; contact phone number; individual taxpayer number; last name, first name, patronymic (last - if available) of the head of the organization);

b) information about the organization, the developer of the STU project (name of the organization; legal form; location; contact phone number; individual taxpayer number; last name, first name, patronymic (last - if available) 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 draft STU must be bound, numbered and certified with a seal (if any) and the signature of the head of the developer’s organization;

d) an explanatory note to the draft STU, endorsed by an interested party, containing information about the need to develop STU, technical solutions adopted, compensatory measures (in case of decisions to deviate from current technical standards), description of regulations containing new technical requirements (in case of development new requirements), information on ensuring the safety of a capital construction project.

e) a copy of the technical specifications for the development of the STU project, certified by the seal (if any) and the signature of the interested person;

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

15. To approve STUs containing technical requirements, the application of which ensures compliance with the requirements of the Regulations, the interested party sends to the Ministry in writing the documentation specified in paragraph 14 of this Procedure, with the attachment of a document for the approval of STUs with the Ministry of Emergency Situations of Russia, drawn up in accordance with the legislation of the Russian Federation 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 must be returned to the interested person without consideration within ten calendar days from the date of registration of the documentation with the Ministry.

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

In order to receive clarifications from interested federal executive authorities about 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 STU project, or a decision to refuse approval of the STU project, may be extended to ninety calendar days. The interested person is informed in writing within five days from the date of such decision.

18. To review STU projects, the Ministry creates a Regulatory and Technical Council (hereinafter referred to as the Council), the decisions of which are advisory in nature. The recommendations of the Council are documented 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 makes a decision to refuse approval of the draft STU, within five working days from the date of its adoption, the interested person is informed in writing about 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 attached.

23. The interested party may re-submit for approval the draft STU, modified based on the Ministry’s comments, with the documentation specified in paragraphs 14 and 15 of this Procedure attached.

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

25. Previously approved STUs are recognized as invalid from the date the Ministry makes a decision to approve the STUs in an amended version.

26. An interested person has the right to withdraw it at any time during the Ministry’s consideration of documentation by sending a corresponding notification addressed to the Minister.

In this case, the consideration of 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 generalizing technical solutions proposed in draft STUs and introducing changes (additions) to the relevant sets of rules by the Council.