In accordance with paragraph 4 of Article 3 of the Federal Law of July 21, 1997 No. 116-FZ “On the Industrial Safety of Hazardous Production Facilities”, persons preparing design documentation for the construction and reconstruction of hazardous production facilities are provided with the opportunity to develop an AB of hazardous production facilities, including during the design, construction and reconstruction of hazardous production facilities in the following cases:
- the need to deviate from the industrial safety requirements established by federal norms and rules in the field of industrial safety (hereinafter referred to as FNiP PB);
- insufficiency and (or) absence of established requirements of the FNiP PB.
ABOUT HIF is subject to industrial safety examination in the prescribed manner. According to Part 8 of Article 6 of the Federal Law of December 30, 2009 No. 384-FZ “Technical Regulations on the Safety of Buildings and Structures”, paragraph 1 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 of Russia of April 15, 2016 No. 248/pr, STU are developed for the preparation of design documentation for a capital construction project in the following cases:
- the need to deviate from the requirements established by national standards and codes of practice included in the List approved by Decree of the Government of the Russian Federation of December 26, 2014 No. 1521 (hereinafter referred to as List No. 1521);
- insufficiency or absence of approved requirements for reliability and safety established by national standards and codes of practice included in List No. 1521. Please note that FNiP PB are not included in the national standards and codes of rules included in List No. 1521. From the cumulative analysis of the above legal norms it follows that the OB is developed and submitted for state examination as part of design documentation only if it is necessary to deviate from the requirements of industrial safety established by the FNiP PB, as well as in the insufficiency and (or) absence of such requirements. In case of deviation from other requirements, the development of ABOUT HIFs is not provided for by law.