Hello! We are seeking advice from you, as an organization specializing in the design of gas supply systems. At our enterprise, we have begun the long-awaited process of reconstructing the old boiler room (gas boiler room). Please tell me, should the reconstruction project undergo a mandatory State examination or can we use the services of a non-state examination?
Nikolai Kharitonov, Deputy Director for Production at Energia Plus LLC, answers the question.
According to paragraph 1 of Art. 49 of the current Town Planning Code of the Russian Federation (as amended on July 3, 2016), design documentation of capital construction projects and the results of engineering surveys carried out to prepare such design documentation are subject to examination. Examination of design documentation and (or) examination of engineering survey results is carried out in the form of state examination or non-state examination. The developer or technical customer, at his choice, sends design documentation and engineering survey results for state examination or non-state examination.
The equation of significance of an expert opinion from the State Expertise body and an opinion issued by a non-state expert body was enshrined in Federal Law No. 337-FZ of November 28, 2011 “On Amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation.”
Despite the fact that this norm has been in force since 2012, in practice we have encountered several times that the conclusion of a non-state examination was not accepted by Rostechnadzor authorities. Architectural and construction supervision. The specialists of the receiving authorities referred to the Decree of the Government of the Russian Federation of October 29, 2010 N 870 “On approval of technical regulations on the safety of gas distribution and gas consumption networks” (with amendments and additions). Thus, we have obtained a precedent for different interpretations of the two current regulations, which served as the basis for an appeal to the Supreme Court by a group of entrepreneurs providing non-profit examination services. In April 2016, the Supreme Court made a decision that eliminated the previously existing contradictions (Decision of the Supreme Court of the Russian Federation dated April 13, 2016 N AKPI15-1534 “On invalidating subparagraph “b” of paragraph 12, subparagraph “a” of paragraph 88, paragraph 91 of the Technical Regulations on the safety of gas distribution and gas consumption networks, approved by the Resolution Government of the Russian Federation dated October 29, 2010 N 870, in the part excluding the use of non-state examination of design documentation”).
Thus, the regulatory framework confirms your full right to seek the services of experts, both from a state expert body and from a non-governmental organization.