Ministry regional development Russian Federation
FEDERAL AGENCY FOR CONSTRUCTION AND HOUSING AND UTILITIES

ORDER

On the procedure for the development and approval of special specifications for development project documentation per object capital construction

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

I order:

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

2. To impose control over the execution of this order on 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 the development and approval of special technical conditions for the development of design documentation for a capital construction object

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

1. This Procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction facility establishes General requirements to the development and approval of special technical conditions (hereinafter - STU).

2. STUs are developed if the preparation of project documentation requires a deviation from the requirements established by national standards and codes of rules included in the List of national standards and codes of rules (parts of such standards and codes of rules), as a result of which, on a mandatory basis, compliance is ensured of the requirements of the Federal Law "Technical Regulations on the Safety of Buildings and Structures", approved by Order of the Government of the Russian Federation of June 21, 2010 N 1047-r (Collected Legislation of the Russian Federation, June 28, 2010, N 26, Article 3405), there are not enough requirements for reliability and security, established by the specified standards and sets of rules, or such requirements are not established, as well as in other cases established by the regulatory legal acts of the Russian Federation.

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

3. Regulatory requirements contained in documents not included in the lists of national standards and codes of practice, as a result of which, on a mandatory and (or) voluntary basis, compliance with the provisions of the Federal Law of December 30, 2009 N 384-FZ "Technical Regulations on Safety" is ensured buildings and structures" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 1, art. 5) (departmental, territorial, other regulatory requirements) may be included in the STU provided that the safety of the capital construction facility is ensured, indicating the source of such regulatory requirements.

4. Separate provisions contained in normative documents foreign countries may be included in 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 that reflect the features engineering surveys, design, construction, operation, as well as dismantling (demolition) of a capital construction object.

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

It is not allowed to formulate the provisions of the STU in the form of the provisions of a regulatory legal act of the Russian Federation.

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

7. STU does not allow:

deviation from the requirements of federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, as well as other regulatory legal acts of the Russian Federation;

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

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

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

8. The development of STU is carried out in accordance with the terms of reference of the developer ( technical customer).

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

9. Depending on the degree of security of the capital construction object planned for construction with the current regulations, STUs may be developed containing requirements, including those in terms of ensuring mechanical, industrial, seismic, fire and other safety.

10. The STU must contain the following data:

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

foundation for construction;

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

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

a brief description of the capital construction object with a statement of space-planning and design solutions.

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

12. Coordination of STU is carried out federal agency for construction and housing and communal services (hereinafter - Gosstroy).

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

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

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

application of the developer (technical customer) addressed to the head of the Gosstroy on the consideration of the STU, signed by the head of the developer (technical customer) or a person acting in his capacity. In the event that an application is submitted legal entity, the specified statement is certified by a seal.

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

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

copy terms of reference for the development of STU;

risk calculations (if necessary);

documents confirming the approval of the STU or the regulatory requirements contained in the STU with the interested federal executive authorities. STU containing regulatory requirements in terms of ensuring fire safety are submitted with the appropriate approval of the Ministry of the Russian Federation for Civil Defense, emergencies and elimination of consequences of natural disasters. On the recommendation of the Council, Gosstroy sends the STU to the interested federal executive body to agree or obtain the position of such an authority on the possibility of applying additional regulatory requirements, as well as relevant compensatory and additional measures contained in the STU;

a copy of the terms of reference for the development of STU, certified by the head of the developer (technical customer) or a person acting as his/her duties.

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

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

Documents for the approval of the STU, submitted in accordance with paragraph 14 of this Procedure, are submitted by the Office for consideration by the Council.

16. Based on the results of consideration of the documents specified in paragraph 14 of this Procedure, STUs are recommended by the Council for approval or refusal to agree. Recommendations of the Council are indicated in the minutes of the meeting of the Council.

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

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

17. The decision to agree on the STU or to refuse to approve the STU is made by the head of the Gosstroy or his deputy in charge of the approval of the STU, based on the recommendations of the Council within ten working days from the date of the corresponding meeting of the Council.

18. The decision to approve the STU is drawn up by affixing on the title page of two copies of the STU the approving signature of the person who made the said decision, and affixing on each sheet of two copies of the STU the endorsement signature of an authorized officer of the Department. The developer (technical customer) is notified of the decision taken by a letter from the State Construction Committee within three working days from the date of the adoption of the relevant decision, to which one copy of the agreed STU is attached.

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

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

21. If it becomes necessary to make changes and additions to the previously agreed STU, the developer (technical customer) submits documents to Gosstroy in accordance with paragraph 14 of this Procedure. At the same time, the draft STU is presented in full, taking into account the changes and additions made, and in explanatory note the STU contains a table of changes and (or) additions.

In the case of approval of the STU in a new edition, taking into account the changes and additions made, the previously agreed STU becomes invalid from the date of the adoption of the relevant decision.

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

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

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

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

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

1. Brief description of the proposed new legal regulation

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

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

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

3. The objectives of the proposed regulation and their compliance with the principles of legal regulation, program documents of the President of the Russian Federation and the Government of the Russian Federation.

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

4. New powers, functions, duties and rights of public authorities, local governments or a change in the procedure for their implementation.

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

5. Estimation of budget expenditures budget system of the Russian Federation to organize the execution and execution of new powers, functions, duties and the exercise of rights or to change the procedure for their implementation.

The publication of the draft order will not require additional expenses from the budgetary system of the Russian Federation.

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

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

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

Developer (technical customer).

8. Estimation of expenses of entities engaged in entrepreneurial and other activities related to the need to comply with the obligations assigned to them, or with a change in the content of such obligations.

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

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

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

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

SPECIAL SPECIFICATIONS (STU)

OSK GROUP company performs work on development of STU and approval of STU - Special Specifications, reflecting the specifics of ensuring fire safety and containing a set of necessary engineering, technical and organizational measures to ensure fire safety in accordance with the requirements of the Federal Law of July 22, 2008 No. 123-ФЗ “Technical Regulations on Fire Safety Requirements” for buildings, structures, structures.

Coordination of special technical conditions

In accordance with Decree of the Government of the Russian Federation dated February 16, 2008 No. 87 “On the composition of sections of project documentation and the requirements for their
content", if the requirements for reliability and safety are not enough for the development of design documentation for a capital construction object,
established by normative and technical documents, or such requirements are not established, the development of documentation must be preceded by the development and
approval in due course special specifications (development of STU).

STU development

STU development depending on the degree of security of the facility planned for construction with current regulations, by decision of the customer (investor) special technical conditions (STU) can be developed in three ways:

• rules containing special technical requirements for design, construction and operation of facilities specified in Article 48.1 Urban Planning Code Russian Federation, objects of cultural heritage (monuments of history and culture), as well as other objects for the design of which there are not enough requirements for reliability and safety established by regulatory technical documents;
• rules containing special technical requirements for seismic safety in the design, construction and operation of facilities on sites with a seismic activity of more than 9 points for all types of facilities;
• rules containing special technical requirements for design and construction objects in terms of fire safety.

STU approval procedure

The order in which special technical specifications (development of STUs) in terms of ensuring fire safety should be developed and agreed upon is determined by Order of the Ministry of Regional Development of the Russian Federation dated April 1, 2008 No. 36 “On the procedure for developing and agreeing on special technical conditions for the development of project documentation for an object capital construction" and are provided to the Ministry of Regional Development of the Russian Federation in the presence of a positive conclusion of the Ministry of Emergency Situations of Russia.

STU approval procedure in terms of ensuring fire safety in the Russian Emergencies Ministry, it is determined by Order No. 141.

Special technical specifications (STU) for the design of fire protection of an object are a document that establishes fire safety requirements for a particular object, taking into account its features, including, among other things, a set of additional engineering and organizational measures for protection.

Special technical conditions (STU) for the design of fire protection are developed by organizations licensed by the Russian Emergencies Ministry for this type of activity. The developed special specifications are coordinated by the State Fire Supervision Departments of the main departments of the Ministry of Emergency Situations of Russia for the constituent entities of the Russian Federation (hereinafter referred to as the UGPN of the Main Directorate of the Ministry of Emergency Situations of Russia or with the Department of Supervisory Activities of the Ministry of Emergency Situations of Russia (hereinafter referred to as the DND of the Ministry of Emergency Situations of Russia). The specifications agreed by the bodies of the State Fire Commission are approved by authorized divisions (for example, Federal State Unitary Enterprise CNS) of the Ministry of Regional Development of Russia.

Composition and content of STU

The composition of the special technical conditions is determined by the Order of the Ministry of Regional Development of the Russian Federation dated 01.04.2008 No. 36 "On the procedure for the development and approval of special technical conditions for the development of project documentation for a capital construction project."

The basis of the special technical conditions (STU) for the design of fire protection of an object is the analysis of space-planning and design solutions, active and passive fire protection systems and other design solutions for an object that is in force. regulatory framework and development on their basis of a list of requirements that ensure the protection of the object at the required level.

• substantiation of the need to develop STU and missing regulatory requirements for this particular facility, set out in accordance with the structure of existing technical standards in this area;
• a list of forced deviations from the requirements of the current technical regulations, containing the rationale for their necessity and measures to compensate for these deviations.
• foundation for construction;
• data including the name and location of the facility and construction conditions;
• information about the investor (customer), general design organization and STU developer;
• description of the object as a whole and its most important elements, outlining space-planning and design solutions with the application of the organization scheme land plot and drawings of architectural and planning solutions.
• it is allowed to include in the STU provisions containing deviations from the current norms, provided that the need for such deviations is justified and the regulations compensating for these deviations are developed in the STU.
• similarly must be justified Additional requirements compared with the requirements established in the current technical regulations.

When considering special technical conditions, the following is analyzed:

• fire hazard of the object;
• the effectiveness and priority of measures to ensure the safety of people in case of fire;
• the possibility of saving people;
• the effectiveness of measures aimed at preventing and limiting the spread of fire;
• the possibility of access for fire departments to the source of fire and the supply of fire extinguishing means, taking into account the location and technical equipment of fire departments.

A short list of works performed by OSK GROUP specialists:

• development of special technical conditions (development of special technical conditions for stu, development of special technical conditions)
• preparation of technical specifications, preparation for the issuance of technical specifications (the procedure for issuing technical specifications is determined by regulatory documents)
• technical specifications for fire safety are agreed with the Customer)
• the procedure for coordinating the stu, coordinating the stu in all instances
• stu on fire safety for any complex objects
• coordination of special technical conditions, including coordination of technical specifications in the Ministry of Regional Development
• stu for design (special technical specifications for design)
• development of fire safety regulations
• the procedure for coordinating the stu in accordance with the requirements of regulatory and legislative documents
• preparation of the basis for the development of
• special technical conditions for fire safety and fire prevention measures (development of PPM)

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 facility, approved by order of the Ministry of Construction of Russia No. 248 / PR dated April 15, 2016,
• 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 dated 11/28/2011,
• 123-FZ- Federal Law No. 123-FZ "Technical Regulations on Fire Safety Requirements",
• 69-FZ– Federal Law No. 69-FZ “On Fire Safety”,
• Decree 868– Decree of the President of the Russian Federation No. 868 “Issues of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters”,
• Fire STU- Special technical specifications for the design in terms of ensuring the fire safety of the facility, developed on the basis of 123-FZ.

1. Why is the coordination of Fire STUs referred to the competence of the Russian Emergencies Ministry?

Article 20 federal law 69-FZ establishes the need to harmonize special technical conditions (STU) for ensuring fire safety with federal agency executive power authorized to solve problems in the field of fire safety. Such body in accordance with Decree 868 is the Ministry of Emergency Situations of Russia.

Also, paragraph 8 of the Regulations states that the provision of public services for the approval of STU for ensuring fire safety in accordance with 69-FZ and Decree 868 referred exclusively to the competence of the Ministry of Emergency Situations of Russia.

2. What is the essence of the duplication of powers of the Ministry of Emergency Situations and the Ministry of Construction in terms of coordinating Fire STUs?

Clause 15 of the Order of the Ministry of Construction states: firefighters STU must be sent for approval to the Ministry of Construction of Russia. Moreover, not just send it to the Ministry of Construction, but also attach a “document for the approval of STU to the Russian Emergencies Ministry”.

Thus, a clear scheme is fixed in the Procedure: fire STUs must first be approved by the Russian Emergencies Ministry, and then by the Russian Ministry of Construction. This is an obvious duplication of the same procedure by different departments!

The entry into force of the Order gave the Ministry of Construction of Russia the authority to coordinate fire STUs, despite the fact that the Ministry of Emergency Situations of Russia had already been vested with similar powers at that time (in accordance with 69-FZ, Decree 868 and the Regulations).

This raises certain questions both for the Ministry of Construction itself, which developed such an Order for itself, and for the Ministry of Justice, which registered (on the third attempt) this document under the conditions of the legislation in force at that time.

The very fact of duplication of the administrative procedure "Agreement of special technical conditions" is very unpleasant for entrepreneurs. “One window principle? … no, they haven’t heard!” The document has to be “submitted” twice in succession, first to one ministry, and then to another, and wait.

The picture shows Zhdun, who has already agreed on the STU with the Russian Emergencies Ministry and is now waiting for the second approval of the STU near the building of the Russian Ministry of Construction. At the same time, Zhdun does not understand what is the meaning of the second approval of the STU (no one understands this).

Zhdun is waiting outside the building - and this is not accidental: he was not invited to the regulatory and technical council, where his STU is being considered at that moment (unlike the Ministry of Emergency Situations, where the right to participate in the NTS meeting is guaranteed to him by the Regulations). This symbolizes the main principle of the work of the Ministry of Construction - “ the principle of closed decision-making on the approval / refusal to approve the STU».

In the context of this article, the image of Zhdun reflects the difficulty of taking into account Russian entrepreneurs who are forced to face excessive administrative barriers during the procedure - “Agreement of STU”.

Zhdun - sculpture Homunculus loxodontus, created by the Dutch artist Margriet van Brevoort for the University of Leiden (Netherlands).

At best, one has to wait for the approval of special technical conditions for a month in each ministry (theoretically, the total waiting period in accordance with the Regulations and the Procedure can be more than 135 (!) Days) (this is not only long and inconvenient, but also obviously expensive for the developer ).

But it's not just the unreasonably long wait!

The most important thing is that the Ministry of Construction, as part of its procedure for agreeing to STU, re-controls compliance with the requirements of 123-FZ.

The Ministry of Construction does not perform some kind of “its own” specialized function of state control and supervision, but tritely “rechecks” the work of the Ministry of Emergency Situations (read about how construction officials oversee one of the power ministries of Russia in).

First, the Ministry of Emergency Situations of Russia, as part of its procedure for agreeing to the STU (Regulations), monitors compliance with the requirements of the technical regulation (123-FZ) during the consideration of Fire STUs.

Then these same STUs need to be sent for approval to the Russian Ministry of Construction, where history will repeat itself. It turns out that after the Ministry of Emergency Situations, control over compliance with the requirements of the technical regulation (123-FZ) in relation to the same STU will also be carried out by the Ministry of Construction.

In accordance with Article 3 of the Federal Law of December 27, 2002 No. 184-FZ “On Technical Regulation”, one of the basic principles of technical regulation is “the inadmissibility of simultaneously imposing the same powers on two or more bodies of state control (supervision) over compliance with the requirements of technical regulations."

However, in fact, both in the legislation and in practice, such a scheme of double approval of the STU is fixed, in which the powers to comply with the requirements of the technical regulation (123-FZ) are exercised by two different state control bodies: the Ministry of Emergency Situations of Russia and the Ministry of Construction of Russia. Moreover, in the case of the Ministry of Construction, the powers are partly granted by the Ministry of Construction to themselves - “in addition” to the already existing (same) powers of the Ministry of Emergency Situations (clause 15 of the Procedure says exactly this). After all, it is the Ministry of Construction that is the author of the Order.

It seems that the current situation, to put it mildly, is not very consistent with the principles of technical regulation, directly established by Federal Law No. 184-FZ.

3. Ignoring the opinions of the Prosecutor General's Office, the Ministry of Economic Development, as well as common sense.

It is logical that in order to avoid such duplication, one body should have the authority to approve each type of STU: either the Ministry of Emergency Situations or the Ministry of Construction.

Back in 2013, the Prosecutor General's Office of the Russian Federation revealed redundant and duplicative procedures for agreeing on special technical conditions, bearing in mind this incorrect two-stage scheme. At the request of the Prosecutor General's Office, the Ministry of Economic Development made an analysis and developed proposals to eliminate duplication in terms of coordinating the STU. The verdict was exactly this: the approval of the STU should be carried out by one ministry, depending on the type of STU (read about this in). But that was in 2013!

And in 2016, nothing prevented the Russian Ministry of Construction from approving new order coordination of special technical conditions, which did not help to correct the situation with duplication of authority in terms of the coordination of fire safety technical specifications. On the contrary, with the introduction of new language, this duplication has only increased.

Although it would seem that the development of a new Order is a good opportunity to take long-awaited measures to eliminate redundant administrative procedures, this is what the Prosecutor General officially wrote about back in 2013. But, alas, the Ministry of Construction did not want to reduce administrative barriers and give up its powers as agreed by the Fire STU.

This is a rather strange story, because the very procedure of “approval of special technical conditions in the Ministry of Construction” is free for the applicant (according to the law, there are no official payments and state fees). Therefore, in theory, the ministry should not have any special financial interest in maintaining the authority to coordinate Fire STUs. Is not it?

It is noteworthy that before the approval of the Order, still at the stage of public discussions, the community of entrepreneurs, individual companies, including construction and design organizations(who have extensive experience in working under the same double approval of STUs in the Ministry of Emergency Situations and in the Ministry of Regional Development (long before the appearance of the Ministry of Construction)), actively sent detailed reasoned comments and proposals to the Ministry of Construction, which repeatedly said:

• the new Order in this form cannot be accepted, it will create a conflict of powers and interests of the two ministries,
• to coordinate the STU twice - it is long and inconvenient for entrepreneurs,
• the second approval of the STU does not make any sense (at the first approval of the STU, the Ministry of Emergency Situations already checks everything that needs to be checked),
• this is an excessive administrative barrier.

However, public opinion was valiantly ignored without any at least minimally intelligible argumentation (which is understandable, it is difficult to see the interests of society and the state here).

4. Duplication of functions is confirmed in practice!

Everything described above is not just a theory. Dual control over compliance with the requirements of 123-FZ during the approval of the STU is not only enshrined in the Order of the Ministry of Construction, but also rooted in practice!

Here's what it usually looks like:

Over the past 3 years (that is, almost the entire time of the existence of the Ministry of Construction) in Russia, a huge number of cases have accumulated when a construction customer first receives a positive approval from the Ministry of Emergency Situations, and then a refusal from the Ministry of Construction, for the same version of STU. At the same time, quite often the justification for the refusal of the Ministry of Construction is the wording “the STU contains a violation (derogation from) the requirements of 123-FZ”(). It would seem, how is this possible? But like this!

First, the Ministry of Emergency Situations, by its agreement, as it were, tells the Applicant:

« The STUs are fully developed, the document does not contain violations of 123-FZ, there are enough compensatory measures, the set of requirements contained in the STS is balanced, etc.»

And then the Ministry of Construction with its refusal, as it were, says to the Applicant:

« We don't give a damn about the opinion of the Ministry of Emergency Situations! We (the Ministry of Construction) consider the STU to be incorrect, despite the positive agreement in the Ministry of Emergency Situations: the document contains a violation of 123-FZ, or there are not enough compensating measures in the STU, or we can invent something else.»

We will try to reveal specific cases of failures of the Ministry of Construction with epic wording of remarks in the following articles (read about one of them).

Per last years Entrepreneurs from different regions of the country sent us quite a lot of similar documents. If you know of any cases of incorrect failures of the Ministry of Construction, which you would like to highlight publicly, send us detailed information() we will try to talk about it (perhaps without mentioning the customer, the developer of the STU, the name and address of the object).

The development of STU (special technical conditions) is the development of special regulatory safety requirements for the design of a specific object (building, structure) in order to justify deviations from the requirements of existing standards (by developing compensatory measures), or to approve new (missing) regulatory requirements for an object with non-standard design solutions (in the absence of requirements for such an object in the current regulations).

The STU Development service has several names, the most popular options according to Yandex statistics are:

• Development of special specifications
• Development and approval of STU
• Development and approval of special technical conditions
• Development of STU for design
• Development of fire STU

What are special technical conditions (STU), and in what cases the development of STU is necessary, is defined in three Federal laws: 123-FZ, 384-FZ, 69-FZ.

123-FZ Technical regulation on fire safety requirements (part 2 of article 78).

Special technical specifications reflecting the specifics of ensuring the fire safety of buildings and containing a set of necessary engineering, technical and organizational measures to ensure fire safety should be developed for buildings, structures for which there are no fire safety regulatory requirements.

384-FZ Technical regulations on the safety of buildings and structures (part 4, article 6).

The preparation of project documentation and the construction of a building or structure are carried out in accordance with STUs developed if the preparation of project documentation requires a deviation from the requirements established by national standards and codes of practice (from the list approved by Decree of the Government of the Russian Federation No. 1521), if there are not enough requirements for reliability and safety established by the specified standards and codes of practice, or if such requirements are not established.

69-FZ On fire safety (Article 20).

The development of special technical specifications reflecting the specifics of ensuring the fire safety of facilities and containing a set of necessary engineering, technical and organizational measures to ensure their fire safety is carried out for such protection facilities for which there are no fire safety requirements established by regulatory legal acts of the Russian Federation and regulatory documents on fire safety.

The term for the development of STU can be from 3 to 9 months, taking into account the implementation of a full range of works.

"Development and approval of STU" is a process that consists of several stages:

1. Provision of initial data (responsible - Customer)
2. Development of special technical specifications (responsible - STU Developer)
3. Fire risk calculation (responsible - STU Developer)
4. Approval of STU by the customer (responsible - Customer)
5. Approval of STU in the Ministry of Emergency Situations of Russia (responsible - Ministry of Emergency Situations and Developer of STU)
6. Coordination of STU in the Ministry of Construction of Russia (responsible - Ministry of Construction and Developer of STU)

Stages No. 2 "Development of special specifications" and No. 3 "Calculation of fire risk" can be performed in parallel (simultaneously). Stages 5 "Agreement of STU in the Ministry of Emergency Situations" and 6 "Agreement of STU in the Ministry of Construction" are performed only sequentially (in turn).

The graph shows how these stages determine the overall development time of the STU and how they correlate with each other on the timeline. The times indicated are approximate.

This graph shows that in reality the terms for the development of STU in each case are determined individually.

What is STU?

STU is a document containing requirements for the design and construction of objects of various types. The document reflects the features of design, construction and operation of buildings and structures. There are several types of STU. The type of document is determined by the nature of the requirements described in it and the scope of regulation. The development of STU for design and construction, establishing requirements in the field of fire safety, is one of the main activities of the company "International Fire Prevention Center".

The development of STU for capital construction projects is carried out at the design stage in the following cases:

• if the regulatory and technical documents in the field of fire safety do not establish requirements for the object, i.e. the object is technically complex and unique (for example, an oil platform, an air terminal complex, a high-rise building, multifunctional complex etc.);
• if the project contains design solutions that are different from the design solutions within the framework of the current regulatory requirements in the field of fire safety (for example, exceeding the area of ​​​​the fire compartment, the absence of a fire extinguishing system, etc.).

Features of the development of STU and the procedure for their approval

At the moment, the official basis for the development of STU can only be the absence of design standards for objects with special parameters, i.e. unique objects. However, in practice, the procedure for the development and approval of the STU allows, having found at least one formal basis (absence of norms), to consider and justify in the STU a number of deviations of the project from the current regulatory requirements. At the same time, deviations from the requirements of the norms by themselves cannot act as grounds for the development of a document. This approach allows the general designer or construction investor to most effectively use the CTU as a document allowing to resolve project inconsistencies with existing fire safety requirements, while maintaining the possibility of applying design solutions that are so important to the investor from the point of view of economic and technical feasibility.

Thus, in the process of developing STU, clear requirements for a particular facility are established, which makes it possible to significantly simplify the preparation of project documentation and its subsequent passage of the (non) state examination procedure.

STU also allows:

• resolve disputes related to contradictions in existing regulatory documents;
• use the most effective design solutions;
• determine the most optimal list of compensatory fire prevention measures.

After development, the STU is coordinated sequentially with the Ministry of Emergency Situations of Russia and with the Ministry of Construction of Russia. In some cases, STUs for ensuring fire safety are coordinated only with the Russian Emergencies Ministry. Such cases, as a rule, include STUs that establish requirements for the parameters of the fire protection elements of an object (for example, water consumption for outdoor fire extinguishing).

It is desirable that the development of STU and the development of project documentation are carried out in parallel, in conditions of close interaction between designers. This helps to implement the most rational solutions in the project, protecting yourself from unnecessary financial and time costs for the re-development and approval of STU or adjustment of project documentation. Indeed, in accordance with the norms that are laid down in the STU, all sections of the project must be developed, including the section "Fire Safety Measures" (MOPB).

This diagram shows the importance of the development of STU in the process of developing project documentation, and what place STUs occupy in the system of documents that establish fire safety requirements for the design of facilities.

The diagram below shows the relationship between two processes: the approval of STU and the approval of project documentation, taking into account the sequence of actions.

First, the STU (and the calculation of fire risk) must be agreed upon by the Ministry of Emergency Situations and the Ministry of Construction. After that, the document, as an annex to the project documentation, is submitted to the state examination body, where all sections of the project will be checked for compliance current requirements fire safety, including the requirements of STU.

STU for design is a document containing requirements for the design and construction of objects of various types and functional purpose. The document reflects the features of the design, construction and operation of buildings and structures. Structure STU is laid down at the stage of drawing up the TOR for their development and, as a rule, must correspond to the structure of the current technical standards in this area.

Development of SpecTU on capital construction objects is carried out at the design stage in the following cases:

• norms containing technical requirements for the design, construction and operation of especially dangerous, technically complex and unique objects, objects of cultural heritage, as well as objects for the design of which there are not enough requirements for reliability and safety established by regulatory technical documents
• norms containing technical requirements for ensuring seismic safety in the design, construction and operation of facilities on sites with a seismic activity of more than 9 points for all types of facilities
• norms containing technical requirements for the design and construction of facilities in terms of ensuring fire safety

Currently, the procedure for developing and coordinating SpecTU allows, having found at least one formal basis, to consider and justify in STU a number of deviations of design decisions from existing norms. This approach allows the designer, investor or construction owner to make the most efficient use of STU, as a document that allows you to reconcile the discrepancy between innovative design solutions and existing ones regulatory requirements, while retaining the possibility of applying design solutions that are important to the investor in terms of economic, technical and aesthetic feasibility.

Thus, during the development STU clear requirements for a specific facility are set for design, which makes it possible to significantly simplify the preparation of design documentation and its subsequent passage of the (non)state examination procedure.

STU for design allow:

• resolve controversial issues related to contradictions in modern legislation and regulation
• use unique and effective design solutions, taking into accountoptimal list of compensatory measures

Formerly powers, functions as agreed STU was endowed with the Ministry of Regional Development of Russia (Gosstroy - Federal Agency for Construction and Housing). Organization of the work of Gosstroy as agreed STU determined by order of the Ministry of Regional Development No. 29 / GS dated 10/17/2012.

In accordance with the Federal Agency for Construction and Housing and Utilities, it was transformed into a separate ministry - the Ministry of Construction of Russia.

At the same time, the procedure for developing and coordinating STU in the Ministry of Construction of Russia, is currently regulated "On the procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction object." Eventually STU for design are subject to approval by the Ministry of Construction of Russia.

After the approval stage STU in the Ministry of Construction of Russia, the document is subject to approval by the Customer.

Regulations:

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

"Technical regulations on the safety of buildings and structures".

The cost of services for the development of STU is determined by the following factors:

• technological complexity of the object
• space-planning and design features of the object
• the presence and number of people at the facility

Organizational factors play a significant role:

• development timeline
• the state of the initial data, the efficiency of their provision

The deadline for completing the work, provided that the requested information is provided in full and in deadlines, from 30 to 90 days, subject to agreement.

Please note that from July 1, 2015, a new “List of national standards and codes of practice (parts of such standards and codes of practice) came into effect, as a result of which, on mandatory basis compliance with the requirements of the Federal Law "Technical Regulations on the Safety of Buildings and Structures", approved by . STU.