Cabinet of Ministers of the Azerbaijan Republic
Resolution
No 272
On approving the «Regulations for a
stage-by-stage exercise of state control over the construction sector by the
Ministry of Emergency Situations of the Azerbaijan Republic»
Baku city, 5 December 2008
In
order to ensure the execution of Clause 1 of Decree No 624 of the President of
the Azerbaijan Republic «On stepping up state control over the construction
sector in the Azerbaijan Republic» dated 30 August 2007, the Cabinet of
Ministers of the Azerbaijan Republic hereby resolves as follows:
1.
To approve the «Regulations for a stage-by-stage exercise of state control
over the construction sector by the Ministry of Emergency Situations of the
Azerbaijan Republic» (attached).
2.
The present Resolution shall become effective from the date of signing.
Prime Minister of the Azerbaijan Republic
Artur RASI-ZADEH
With amendments № 157 of 30 September, 2009; № 136 of 16 July, 2010; № 76 of 10 May, 2011 («VneshExpertService» LLC).
Approved
by Resolution No 272
of the Cabinet of Ministers
of the Azerbaijan Republic
dated 5 December 2008
Regulations
for a stage-by-stage exercise of state control over the construction sector by
the Ministry of Emergency Situations of the Azerbaijan Republic
1.
General provisions
1.1.
The present Regulations have been prepared in accordance with the Regulations
«On the Ministry of Emergency Situations of the Azerbaijan Republic» approved
by Decree No 394 of the President of the Azerbaijan Republic dated 19 April
2006, the Regulations «On the State Agency of the Azerbaijan Republic for
Control over Safety in Construction» approved by Decree No 511 of the
President of the Azerbaijan Republic dated 29 December 2006, and Clause 1 of
Decree No 624 of the President of the Azerbaijan Republic «On stepping up
state control over the construction sector» dated 30 August 2007.
1.2.
The present Regulations establish the mechanism for the exercise of state
control within the legally established boundaries at all stages of activities
involving construction, reconstruction, major overhaul and restoration
(hereinafter referred to as construction operations) on the part of the State
Agency of the Azerbaijan Republic for Control over Safety in Construction
(hereinafter referred to as the Agency) and other subdivisions of the Ministry
of Emergency Situations of the Azerbaijan Republic (hereinafter referred to as
the Ministry).
1.3.
The requirements of the present Regulations are mandatory for all participants
of construction activity. To bring to book the physical and legal entities
breaching the applicable laws and construction norms and regulations at each
stage in construction operations, the Ministry takes appropriate measures in an
order established by legislation of the Azerbaijan Republic.
1.4.
The present Regulations do not apply to issues pertaining to the construction
of buildings and facilities of the 3rd level of responsibility.
2.
Objective of state control over construction sector
2.1.
the key objective of state control over the construction sector (hereinafter
referred to as state control) is the implementation of appropriate activities
to ensure compliance with the requirements of state norms and regulations,
design documents, regulatory and legal acts during construction operations at
all stages of construction activities on the part of all participants of these
activities, including central and local bodies of executive authority, local
governments, joint prevention of construction operations which may pose
potential threat to life, health and property of people.
2.2.
All participants in construction activities shall create appropriate conditions
for an uninterrupted access of persons exercising state control to construction
facilities and exercise of state control.
3.
Procedure for stage-by-stage exercise of state control
State
control at every stage of construction activities is exercised by the Agency
within the framework of authority established by legislation in the following
order:
3.1. at the stage of
sanctioning the construction of the facility:
- the
Agency is sent one copy of the resolution or decision on the provision of
permission for the construction of a facility made by a local body of
executive authority or local government and duly agreed with the State
Fire Safety Service and the State Agency of the Azerbaijan Republic for
Control over Safety in Construction under the Ministry of Emergency
Situations, the Hygiene and Epidemiology Center of the Ministry of Health
of the Azerbaijan Republic, the Ministry of Ecology and Natural Resources
of the Azerbaijan Republic, the State Committee on Town-Planning and
Architecture of the Azerbaijan Republic, with the attachment of
architectural and planning instructions on the facility and technical
specifications on its connection to engineering communications;
3.2. at the stage of
engineering survey:
3.2.1.
The engineering survey center (hereinafter referred to as the Center) of the
Agency, by means of centralized technical regulation, exercises control over
the implementation of engineering, geodetic, mapping, surveying,
engineering-geological and engineering-hydrogeological surveys, mapping and
geophysical operations (hereinafter referred to as engineering survey) by
physical and legal entities in accordance with existing standards, norms and
regulations;
3.2.2.
all entities performing engineering survey shall, first of all, submit to the
Agency a draft program of scheduled engineering survey activities for approval
and subsequent provision of a conclusion on the results of such activities;
3.2.3.
the results of engineering survey performed by physical and legal entities
without a special permit (license) shall not be accepted, while the documents
submitted shall be returned without the provision of any conclusion;
3.2.4.
the Center analyzes the content and results of engineering survey performed by
physical and legal entities, if necessary conducts selective in-situ
examination and within no later than 7 working days issues a conclusion on
whether or not they comply with applicable norms and rules on construction
safety. In exceptional cases the period for the provision of a conclusion may
be extended, but not more than by 15 working days.
3.2.5.
the Center also examines the application, during engineering survey, of
measuring instruments meeting the requirements of state standards and
registered by the state in accordance with laws of the Azerbaijan Republic.
3.3. at the stage of
design:
3.3.1.
after completion of design of a facility, design documents shall, in cases
established by legislation, be submitted for state expertise to the main
department of state expertise (hereinafter referred to as the state expertise
department);
3.3.2.
the state expertise department, after assessing the pre-design and construction
and design documents, exercises control over compliance with legislative
requirements, construction norms and regulations by the physical and legal
entities which submitted the documents, and issues an appropriate conclusion in
the period established in the legislation;
3.3.3.
control over design activities is determined by compliance with the conditions
of applicable regulatory documents pertaining to the design of a facility,
instructions and requirements of the requester, appropriate bodies of executive
authority, municipality and other bodies within the framework of their
authority and connection of the facility to appropriate communications and
networks;
3.3.4.
design documents shall also resolve technical issues required for the
implementation of construction operations, and issues of complete and
stage-by-stage acceptance of a facility for operation;
3.3.5.
in cases envisaging stage-by-stage acceptance of a facility for operation, the
overall design of a facility shall be divided into certain parts for each stage
of construction, and these parts shall provide project solutions ensuring
acceptance of each stage of construction for free operation;
3.3.6.
requirements and drawbacks identified by the state expertise department in the
conclusion shall be executed by the requester and the designer, and
re-developed designs shall be re-submitted for state expertise;
3.3.7.
the commencement and implementation of construction is allowed only upon
positive conclusion of the state expertise department and approval of design by
the requester.
3.4. when determining
cost estimate of construction from the state budget:
3.4.1.
the cost of construction at the level of base prices is determined using the
existing estimates and prices;
3.4.2.
after a positive conclusion has been received from the state expertise
department concerning the accuracy of base estimate documents of construction,
the correctness of the agreed price of construction at the level of current
prices is determined by the construction evaluation center of the Agency;
3.4.3.
to determine agreed prices of construction at the level of current prices and
provide an appropriate conclusion, the following documents shall be submitted
to the construction evaluation center of the Agency:
- positive
conclusion of state expertise bodies on the accuracy of base estimate
documents on construction;
- reports
prepared on the basis of appropriate method guidelines;
- information
on the actual cost of construction materials (VAT exclusive) agreed
between the requester and construction organizations;
- statement
on the average monthly salary per key person of the construction
organization for the previous year.
3.4.4.
based on the documents stipulated under clause 3.4.3, the investor’s cost
estimate of a facility at the level of current prices is examined in line with
the requirements of applicable norms and regulations. Reports shall be
substantiated by appropriate regulatory and legal acts and meet the
requirements of appropriate method guidelines;
3.4.5.
if mistakes and discrepancies are discovered in the documents submitted, such
documents shall be returned for the introduction of amendments;
3.4.6.
after the mistakes and discrepancies have been eliminated, the documents shall
be re-submitted to the construction evaluation center of the Agency for the
provision of a conclusion on the correct formation of agreed prices of
construction activities.
3.5. at the stage of
construction and assembly operations:
3.5.1.
state control over construction operations carried out on the territory of the
republic in the buildings and facilities with the 1st and 2nd
levels of responsibility is exercised by the main state construction
inspectorate of the Agency (hereinafter referred to as the State Inspectorate).
In other buildings and facilities, the services on architectural and
construction control of local bodies of executive authority and municipal
bodies organize their work in accordance with applicable legislation and
regulatory and technical documents;
- in
order to exercise control over the erection of construction facilities on
the territory of the republic, generalize information on breaches
committed in this sphere and measures taken to prevent them, the services
of architectural and construction control of bodies of executive
authorities and municipal bodies shall send the information to the Agency
regarding issues pertaining to the authority of the Agency;
- the
Agency shall, within the framework of its authority, exercise control
over the compliance on the part of services of architectural and
construction control of bodies of executive authorities and municipal
bodies with appropriate norms and regulations pertaining to the safety in
construction, continuously study their activities in this area and
analyze the results;
3.5.2.
the responsibilities of the State Inspectorate exercising state control over
the quality of construction operations at construction facilities, compliance
with construction norms and regulations consist in the following:
- to
exercise control over documentation of operations pertaining to fencing
of the area allocated for construction operations before the construction
commences, its sanitary, fire safety, environment and radiation safety,
safety of adjacent engineering and transport communications and
installations;
- to
exercise control over the availability on the visible part of the facility
(at the entrance, fencing facing main streets, etc.) of the information
stand reflecting the main indicators, including the name, purpose,
duration of construction, name, address and telephone of the requester,
designer and contractor;
- to
demand from the requesters and contractors appropriate documents on their
activities, including those confirming the qualifications of responsible
officers engaged in construction operations (technical inspectors,
executors, site managers, etc.);
- to
exercise control over compliance, on the part of participants in
construction operations, with the requirements of regulatory and
technical documents and regulatory and legal acts, construction norms and
regulations, agreed and approved architectural and construction projects,
as well as the availability of certificates confirming the conformity of
the materials, products and structures used in construction with the
requirements of appropriate regulatory documents;
- to
exercise control over monitoring of safety rules in construction on the
part of participants of construction operations, author’s control over
construction on the part of the designer, technical control on the part
of the requester and in-house operational control on the part of the
contractor;
- to
exercise control over the conclusion of agreements between the requester
and contractor on construction;
- to
exercise control over the availability of an agreement with trial labs
accredited to examine the quality of the materials and structures used in
the construction;
- to
take part in the work of state commissions accepting construction
facilities for operation.
3.5.3.
to exercise state control over the quality of construction operations at
construction facilities, compliance with construction norms and regulations,
the state inspectorate shall have the following rights:
- to
have uninterrupted access to construction facilities (special regime
facilities after receiving appropriate permits) regardless of their
purpose, form of ownership and sources of funding;
- to
demand from requesters, contractors and authors of design documents the
design, technological and execution documents required for exercising
their powers;
- to
take samples using selective methods at the expense of the requester,
examine buildings, facilities and structures, separate sections and
elements, conduct additional trials of ground, materials and engineering
systems, if surveys and measurements taken and the reliability of
construction are causing suspicion, to issue mandatory written
instructions to the requester, contractor and authors of design
documentation on opening up the surface of covered structures;
- to
demand from requesters that acts of closed works and acts on the results
of lab trials be prepared;
- if
breaches of the requirements of construction norms and regulations and
regulatory and legal acts are discovered at construction facilities, to
raise the issue of suspending construction operations at such facilities
and demand suspension or revocation of the license in cases established by
legislation.
3.5.4.
control over the execution of regulatory, legal and technical documentation
pertaining to construction and work carried out at each construction facility
is exercised in an individual manner by means of the log of state control over
construction (hereinafter referred to as control log) (Attachment 1);
3.5.5.
the control log shall indicate the sequence of individual construction stages,
starting from excavation and division into technological processes. The
administration of the state inspectorate approves this sequence and issues
permission for the start of the first stage;
3.5.6.
an employee of the state inspectorate (hereinafter referred to as the
construction inspector) makes relevant notes in the control log on compliance
with construction norms and regulations, design of construction operations for
each stage of construction, and after examining these data the state
inspectorate issues permission for the start of the first stage;
3.5.7.
at each stage, after the elimination of breaches and shortcomings at the stage
of construction operations, the requester sends a notification to the state
inspectorate;
3.5.8.
within no later than 7 days from receiving the notification, the construction
inspector examines compliance of the work done with construction norms and
regulations and the design, registers this information in the control log,
sends his administration a conclusion on the possibility of construction
operations on a next stage and, on the basis of that, the state inspectorate
provides an appropriate permit;
3.5.9.
the process of control over construction and assembly operations continues
until acceptance of a facility for operation;
3.5.10.
if the construction inspector reveals cases of breach of construction norms and
regulations during construction operations at a facility, he shall register
this information in the technical inspection form (hereinafter referred to as
the inspection form) (Attachment 2), sign it and submit to the state
inspectorate, make a relevant note in the control log for immediate
elimination, in a working order, of the discovered breaches on the part of the
requester and contractor, and if such breaches are not eliminated in a working
order or it is impossible to immediately eliminate them, raises the issue
before the state inspectorate on issuing a mandatory «Instruction»;
3.5.11.
if cases of breach of construction norms and regulations, regulatory and legal documents
and breaches capable of affecting durability of construction are discovered at
a construction facility, the state inspectorate, on the basis of written
information of the construction inspector, applies to the Agency for inspection
to be conducted. Based on the results of such inspection, the Agency, in
accordance with applicable laws, shall suspend construction operations at the
facility;
3.5.12.
in order to ensure suspension of construction operations, the issue of
immediate suspension of supplies to a given area is raised before entities
dealing with the supply of water and electric energy on the territory on which
breaches have been discovered;
3.6. at the stage of
acceptance of a facility for operation:
3.6.1.
entities with completed construction are accepted for operation in accordance
with applicable laws by the acceptance commission of the requester or the state
acceptance commission established with the participation of Agency
representatives. A facility may be accepted in full or in parts (as stages of
construction);
houses,
including apartments can be represented to the State Acceptance Commission for
reception into operation only after complete connecting of them to electric,
gas and water lines and installation of the counters;
3.6.2.
only the facilities with permitting documents for the commencement and
implementation of construction and with design and estimate documents examined
and approved by the state shall be allowed for operation. The acceptance
commission may start work only after provision of a positive conclusion by the
Agency concerning compliance with all norms, standards and regulations in
construction;
3.6.3.
after acceptance for operation by the acceptance commission established in
accordance with applicable laws, such facilities may operate and receive public
utilities (except for communication lines ensuring technical and fire safety of
the construction facilities);
3.6.4.
the acceptance commission shall include representatives of the requester,
contractor, subcontractor, designer, operator, state fire control service, the
main state construction inspectorate of the State Agency of the Azerbaijan
Republic for Control over Safety in Industry and Mining, the Ministry of
Environment and Natural Resources of the Azerbaijan Republic, the Hygiene and
Epidemiology Center of the Ministry of Health of the Azerbaijan Republic, the
State Service of Labor Inspectorate under the Ministry of Labor and Social
Protection of the Population of the Azerbaijan Republic, the Service of the
State Register of Immovable Property under the State Committee for property
issues of the Azerbaijan Republic, a local body of executive authority (in
districts of cities — the executive authority of both city and district) or
municipal body, organizations providing public utility services (gas, water,
electricity and sewage), and, if necessary, other bodies;
3.6.5.
the facility of stage of construction submitted for acceptance shall comply
with the approved design and agreement documents and applicable construction
norms and regulations, and be in a fully ready condition. Conditions meeting
the requirements of radiation safety, safety and sanitary hygiene norms shall
be ensured at the facility or individual stages in its construction;
3.6.6.
upon completion of work, the acceptance commission shall made a decision on
accepting or rejecting a facility for operation, and this decision shall be
registered as an act.
4.
Responsibility
The
physical and legal entities breaching the present Regulations shall be held
accountable in accordance with legislation of the Azerbaijan Republic.
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