The Russian Ministry of Emergency Situations informs.

EMERCOM of Russia informs.

EMERCOM of Russia informs.

1. Which agency and on what basis is authorized to supervise urban development projects?

Federal Law No. 232-FZ of 18.12.2006 “On Amendments to the Urban Development Code of the Russian Federation” defines the procedure for exercising supervisory functions for fire safety requirements during construction, reconstruction and major repairs of facilities.

This legislative act excludes from the powers of state fire supervision inspectors the powers to exercise supervisory functions at the stage of land allocation, design, construction and acceptance into operation of completed construction projects.

Supervision of fire safety requirements during construction, reconstruction and major repairs of facilities since 01.01.2007 is carried out by the bodies of State Construction Supervision.

2. Please clarify the provisions of the letter of the Russian Emergencies Ministry dated 28.12.2006 No. 43-4357-19 in the part concerning the implementation of control measures at construction, reconstruction and major repair sites by state fire supervision bodies in terms of compliance with the requirements of the Fire Safety Rules in the Russian Federation during construction and installation work.

This document was developed by the Russian Emergencies Ministry to organize work at urban development sites during the transition period, providing for the gradual transfer of supervisory functions for fire safety requirements during construction, reconstruction
and major repairs of facilities from state fire supervision bodies to state construction supervision bodies.

This instruction is not a normative legal act of the Russian Federation and cannot serve as a basis for regulating the relevant legal relations, applying sanctions to citizens, officials, organizations for failure to comply with the requirements contained therein, or be used in resolving various disputes.

Currently, the procedure for conducting supervision activities on the territory of urban development projects is regulated by Federal Law No. 232-FZ of December 18, 2006 «On Amendments to the Urban Development Code of the Russian Federation».

This legislative act clearly establishes that supervision of fire safety requirements during construction, reconstruction and major repairs of facilities is carried out by state construction supervision bodies.

In addition, in accordance with Article 54 of the Urban Development Code of the Russian Federation, other types of state supervision during construction, reconstruction and major repairs of capital construction projects, except for state construction supervision, are not permitted.

Thus, the state fire supervision bodies of the Ministry of Emergency Situations of Russia do not exercise control over the implementation of fire safety measures, both during construction and at construction sites.

At the same time, we inform you that, in accordance with paragraph 6 of part 3 of article 151 of the Criminal Procedure Code of the Russian Federation, investigations into cases of fires at urban development sites are carried out by investigators of the state fire supervision bodies of the federal fire service.

3. How is the height of a building determined for the development of fire prevention measures?

The provisions of paragraph 3.1 of SP 1.13130.2009 «Fire protection systems. Evacuation routes and exits», developed in development of the Federal Law of 22.07.2008 No. 123-FZ «Technical regulations on fire safety requirements», establish that the height of a building for the development of fire safety measures is determined by the difference in the marks of the surface of the passage for fire engines and the lower boundary of the opening opening (window) in the outer wall.

4. What is the procedure for applying regulatory documents (NPB, PUE, SNiP) after the entry into force of the Federal Law of July 22, 2008 No. 123-FZ «Technical regulations on fire safety requirements»?

In accordance with paragraph 1 of Article 151 of the Technical Regulations, from the date of its entry into force until the date of entry into force of the relevant technical regulations, the requirements for protected objects (products), production processes, operation, storage, transportation, sale and disposal (decommissioning), established by regulatory legal acts of the Russian Federation and regulatory documents of federal executive bodies, including the above, are subject to mandatory execution in the part that does not contradict the requirements of this federal law.

5. What is the procedure for developing and applying a fire safety declaration?

In accordance with Article 64 of the Federal Law of July 22, 2008 No. 123-FZ «Technical Regulations on Fire Safety Requirements» (hereinafter referred to as the Technical Regulations), the development of a fire safety declaration for a designed protected facility, including calculations for assessing the fire risk, is carried out by the developer or the person preparing the design documentation; and for an existing facility — by the owner, or the person owning the protected facility on the basis of lifelong inheritable possession, economic management, operational management, or on another basis stipulated by federal law or an agreement.

Moreover, in accordance with Part 7 of Article 64 of the Technical Regulations, a fire safety declaration must also be developed for protected facilities in operation at the time the Technical Regulations come into force. This requirement applies not only to capital construction projects, but also to other protected facilities for which, at the time of design, a state examination of design documentation was envisaged.

The list of protected objects for which state examination of design documentation is provided is regulated by Article 49 of the Federal Law of December 29, 2004 No. 190-FZ «Urban Planning Code of the Russian Federation».

Currently, there are two methods for determining the calculated values ​​of fire risk:

1. For buildings, structures and constructions of various classes of functional fire hazard, approved by order of the Ministry of Emergency Situations of Russia dated June 30, 2009 No. 382 and registered with the Ministry of Justice of Russia dated August 6, 2009, registration number 14486;

2. For industrial facilities, approved by order of the Ministry of Emergency Situations of Russia dated 10.07.2009 No. 404 and registered with the Ministry of Justice of Russia dated 17.08.2009, registration No. 14541.

The fire safety declaration for construction sites must be drawn up and sent to the state fire supervision authorities of the Ministry of Emergency Situations of Russia immediately before the commissioning of the protected facility.

 
6. Is it necessary to develop a fire safety declaration for railway facilities in operation?
In accordance with Part 1 of Article 64 of the Federal Law of July 22, 2008 No. 123-FZ «Technical Regulations on Fire Safety Requirements» (hereinafter referred to as the Technical Regulations), a fire safety declaration is drawn up in relation to protected objects for which the legislation of the Russian Federation on urban development activities provides for a state examination of design documentation, as well as for buildings of functional fire hazard class F1.1 and provides for:

1) fire risk assessment (if a risk calculation is carried out);
2) assessment of possible damage to property of third parties from fire (can be carried out within the framework of voluntary insurance of liability for damage to third parties from the effects of fire).

The list of objects of protection for which state examination of design documentation is provided is regulated by Article 49 of the Federal Law of December 29, 2004 No. 190-FZ «Urban Planning Code of the Russian Federation».

For facilities designed and constructed in accordance with previously applicable requirements of regulatory documents in the field of fire safety, a fire risk assessment is not required.

At the same time, in accordance with Part 7 of Article 64, the provisions of Part 4 of Article 4 of the said law do not apply to the said article.

A fire safety declaration can be developed by the owner of the facility, which will not require additional financial costs.

7. Is it necessary to carry out a fire risk assessment for a social shelter for children located in an apartment building?

In accordance with Article 4 of the Federal Law of July 22, 2008 No. 123-FZ «Technical Regulations on Fire Safety Requirements» (hereinafter referred to as the Technical Regulations), the provisions of the said law do not apply to existing buildings, structures and constructions designed and constructed in accordance with previously applicable fire safety requirements, except in cases where further operation of the said buildings, structures and constructions leads to a threat to human life or health due to a possible fire.

The procedure for determining such cases in each individual situation depends on the specifics of fire protection of specific facilities, including a set of designed engineering, technical and organizational measures. The presence of a threat to life or health of people due to a possible fire is determined by judicial authorities upon presentation of relevant materials by employees of the state fire supervision, taking into account the attached conclusions of fire-technical examinations.

Resolution of the Government of the Russian Federation of March 31, 2009 No. 272 ​​»On the procedure for conducting calculations to assess the fire risk» determines that conducting calculations to assess the fire risk is provided for only when drawing up a fire safety declaration.

Moreover, paragraph 1 of the order of the Ministry of Emergency Situations of Russia dated 24.02.2009 No. 91 “On approval of the form and procedure for registering a fire safety declaration”, approved by the Ministry of Justice of Russia on March 23, 2009 (registration No. 13577), determined that drawing up a fire safety declaration for such facilities is not required.

At the same time, it is noted that, in accordance with paragraph 4 of the Fire Safety Rules in the Russian Federation PPB 01-03, approved by order of the Ministry of Emergency Situations of Russia dated 18.06.2003 No. 313 and registered with the Ministry of Justice of Russia dated 27.06.2003 (registration No. 4838), when fulfilling the requirements of regulatory documents on fire safety, determining the required level of ensuring fire safety for people is also not required.

8. What are the requirements of regulatory documents imposed on equipping facilities with automatic fire alarms?

Federal Law No. 123-FZ of July 22, 2008 «Technical Regulations on Fire Safety Requirements» (hereinafter referred to as the Technical Regulations) defines a new procedure for confirming the compliance of a protected object with fire safety requirements. This procedure allows for the most optimal selection of fire protection options for objects by fulfilling mandatory fire safety requirements established by federal laws on technical regulations, or by assessing the fire risk.

In particular, the requirements for equipping facilities with automatic fire alarms are regulated by Appendix A to the Code of Practice 5.13130.2009 «Fire protection systems. Automatic fire alarm and fire extinguishing installations», adopted in pursuance of the Technical Regulations and approved by order of the Ministry of Emergency Situations of Russia dated March 25, 2009 No. 175, registered with the Federal Agency for Technical Regulation and Metrology.

9. Is it necessary to equip the premises of the administrative and industrial complex with automatic fire extinguishing installations?

All premises of this facility are subject to protection by automatic fire extinguishing systems. In addition, according to the Department of Supervisory Activities of the Ministry of Emergency Situations of Russia, the requirement to equip the building with automatic fire extinguishing systems is one of the measures compensating for the lack of design standards for multifunctional buildings, which must be implemented during the design and construction of this facility without fail.

10. Can modular powder fire extinguishing systems be used to protect luggage storage areas and flammable materials storage areas located in the basement of a railway station?

In accordance with paragraph 3 of NPB 110-03 «List of buildings, structures, premises and equipment subject to protection by automatic fire extinguishing systems and automatic fire alarms», the type of automatic extinguishing system, extinguishing method, type of fire extinguishing agents, type of equipment of automatic fire extinguishing systems are determined by the design organization depending on the technological, design and space-planning features of the protected buildings and premises, taking into account the requirements of current regulatory technical documents.

In accordance with the requirements of paragraph 8.7 of NPB 88-2001* «Fire extinguishing and alarm systems. Design standards and rules», modular powder fire extinguishing systems must not be used to extinguish fires:

• combustible materials prone to spontaneous combustion and smoldering inside the volume of the substance (sawdust, cotton, grass meal, etc.);

• chemical substances and their mixtures, pyrophoric and polymeric materials prone to smoldering and burning without access to air.

11. What is the procedure for determining water consumption for external fire extinguishing for facilities whose parameters exceed regulatory requirements?

Part 7 of Article 68 of the Federal Law of July 22, 2008 No. 123-FZ «Technical Regulations on Fire Safety Requirements» establishes that the water consumption for external fire extinguishing of buildings whose height or volume is greater than the height or volume specified in Table 8 of the Appendix, as well as public buildings with a volume of over 25,000 m3 with a large number of people, must be increased by at least 25%.

If this requirement is met, the development of additional special technical conditions is not required.

12. What is the procedure for applying the requirements of regulatory documents in the field of fire safety to warning systems and evacuation management systems in the event of a fire?

In accordance with the provisions of paragraph 4 of Article 4 of the Federal Law of July 22, 2008 No. 123-FZ «Technical Regulations on Fire Safety Requirements» (hereinafter referred to as the Technical Regulations), the requirements of the Technical Regulations do not apply to existing buildings, structures and constructions designed and constructed in accordance with previously applicable fire safety requirements, except in cases where further operation of the said buildings, structures and constructions may pose a threat to human life or health due to a possible fire.

The Technical Regulations define a new procedure for confirming the compliance of the protected object with fire safety requirements. This procedure allows for the most optimal selection of fire protection options for objects by fulfilling mandatory fire safety requirements established by federal laws on technical regulations, or by assessing the
fire risk.

In particular, the requirements for warning systems and evacuation management systems for people in case of fire are set out in SP 3.13130.2009, developed in development of the Technical Regulations, approved by order of the Ministry of Emergency Situations of Russia dated 25.03.2009 No. 173 and registered by the Federal Agency for Technical Regulation and Metrology.

13. What is the procedure for applying the Technical Conditions for the design of fire protection for a newly constructed or reconstructed building of a finished goods warehouse, including calculations to determine the level of fire safety for people in the event of a fire, agreed upon in the established manner prior to the entry into force of Federal Law No. 123-FZ of July 22, 2008 «Technical Regulations on Fire Safety Requirements», the design documentation for which was submitted for state examination after May 1, 2009?

For facilities whose construction has not yet been completed, or for facilities whose design began before May 1, 2009, the standards that were in effect at the time of commencement of design or construction shall apply. Consequently, the state examination of such design documentation shall be conducted for compliance with the standards that were in effect at the time of commencement of its
development (i.e., the standards contained in the documents listed in the technical specifications for the design). In accordance with the current legislation of the Russian Federation, acts of civil legislation do not have retroactive effect and shall apply to relations that arose after their entry into force.

Thus, the design of objects, in accordance with the technical conditions agreed upon before May 1, 2009, does not contradict the requirements of the legislation of the Russian Federation. The provisions of the above-mentioned special Technical Conditions must be fulfilled in full. Moreover, additional adjustments to such design documentation, in accordance with the Technical
regulations, is not required. At the same time, we inform you that for objects designed in accordance with previously applicable requirements of regulatory documents in the field of fire safety, including previously agreed technical conditions, a fire risk assessment is not required.

At the same time, in accordance with Part 3 of Article 64 of the Technical Regulations, for the designed facility, the developer or the person preparing the design documentation must draw up a fire safety declaration before the facility is put into operation, containing a list of requirements of regulatory documents on fire safety for a specific protected facility.

14. Is it possible to use the GIDROLOCK system in multi-apartment residential buildings, designed to monitor and automatically shut off water, and issue an audible alert in the event of an accident in water supply and heating engineering systems?

Federal Law No. 123-FZ of July 22, 2008 «Technical Regulations on Fire Safety Requirements» (hereinafter referred to as the Technical Regulations) defines a new procedure for confirming the compliance of a protected object with fire safety requirements.

In particular, fire safety requirements imposed on internal fire water supply systems are regulated by the provisions of the Code of Practice 10.13130.2009 «Fire Protection Systems. Internal Fire Water Supply. Fire Safety Requirements», adopted in pursuance of the Technical Regulations and registered with the Federal Agency for Technical Regulation and Metrology.

The choice of the type of equipment is made by the design organization depending on the technological, design and space-planning features of the protected buildings and premises, taking into account the requirements of regulatory documents.

15. What fire safety requirements apply to the premises of an apartment-type hostel?

The requirements of paragraph 1.1 of SNiP 31-01-2003 «Multi-apartment residential buildings» apply to apartment-type hostels.

In connection with the above, the design of this multi-apartment residential building, in accordance with the requirements imposed on objects of functional fire hazard class F 1.3, does not contradict the requirements of regulatory documents in the field of fire safety.

16. Is it possible to use PVC coverings as floor coverings on evacuation routes during major repairs?

In accordance with Article 4 of the Federal Law of July 22, 2008 No. 123-FZ «Technical Regulations on Fire Safety Requirements», the provisions of the said law do not apply to existing buildings, structures and constructions designed and constructed in accordance with previously applicable fire safety requirements, except in cases where further operation of the said buildings, structures and constructions leads to a threat to human life or health due to a possible fire.

The procedure for determining such cases in each individual situation depends on the specifics of fire protection of specific facilities, including a set of designed engineering, technical and organizational measures.

When carrying out repair work that involves replacing floor coverings, it is not prohibited to use materials that meet the requirements of previously applicable regulatory documents in the field of fire safety.

17. Please clarify the requirements of regulatory documents for parking lots built into buildings of other functional fire hazard classes.

According to the Department of Supervisory Activities of the Ministry of Emergency Situations of Russia, when designing parking lots, it is preferable to use SNiP 21-02-99* «Car Parking», in accordance with paragraph 5.5 of which the distance from the parking lot openings to the bottom of the nearest window openings of a building for another purpose must be at least 4 m, or their fire-resistant filling should be provided.

18. Request for the need to develop, in accordance with paragraph 1.5 of SNiP 21-01-97* “Fire safety of buildings and structures”, Technical Conditions reflecting the specifics of fire protection for a three-level underground parking lot designed in a residential complex.

According to the Department of Supervision Activities of the Ministry of Emergency Situations of Russia, the design and construction of parts of a building of various classes of functional fire hazard, separated by fire barriers into independent fire compartments and provided with separate evacuation exits, must be carried out in full compliance with the requirements of fire safety standards and rules for facilities of the corresponding functional purpose.

In particular, the provisions of Table 3, paragraph 5.33 of SNiP 21-02-99 «Car Parking» allow the construction of underground car parks for cars up to 5 floors, without developing additional technical specifications.

19. How should the provisions of Part 9 of Article 89 of the Federal Law of 22.07.2008 No. 123-FZ «Technical Regulations on Fire Safety Requirements» be understood in the part concerning the need to separate trade and catering establishments with fire barriers, as well as to provide them with independent evacuation exits?

In accordance with the provisions of Article 32 of the Technical Regulations, these parts of the building belong to the same class of functional fire hazard and, accordingly, the requirements for their separation by fire barriers and provision of independent evacuation exits do not apply to them.

20. Is it possible to install gas-fired kitchen stoves in the kitchens of ten-story residential buildings?

Federal Law No. 123-FZ of July 22, 2008 «Technical Regulations on Fire Safety Requirements» (hereinafter referred to as the Technical Regulations), which entered into force on May 1, 2009, defines a new procedure for confirming the compliance of a protected object with fire safety requirements. This procedure allows for the most optimal selection of fire protection options for objects by fulfilling the mandatory fire safety requirements established by the Technical Regulations or by assessing the fire risk. In particular, the provisions of paragraph 5.2.4.6 of the Code of Practice 4.13130.2009 «Fire protection systems. Limiting the spread of fire at protected objects. Requirements for space-planning and design solutions», adopted in pursuance of the Technical Regulations approved by order of the Ministry of Emergency Situations of Russia dated March 25, 2009 No. 174 and registered with the Federal Agency for Technical Regulation and Metrology, stipulates that the installation of gas-fired stoves in kitchens of residential buildings 11 stories or more high is not permitted.

The material was prepared with the assistance of the Information Department of the Ministry of Emergency Situations of Russia