ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 22, 2019 No. 637

About introduction of amendments to some acts of the Government of the Russian Federation concerning increase in efficiency, reliability and quality of heat supply in price zones of heat supply

The government of the Russian Federation decides:

Approve the enclosed changes which are made to acts of the Government of the Russian Federation concerning increase in efficiency, reliability and quality of heat supply in price zones of heat supply.

Approved by the Order of the Government of the Russian Federation of May 22, 2019 No. 637

Changes which are made to acts of the Government of the Russian Federation concerning increase in efficiency, reliability and quality of heat supply in price zones of heat supply

1. In Rules of provision of utilities to owners and users of rooms in apartment houses and the apartment houses approved by the order of the Government of the Russian Federation of May 6, 2011 No. 354 "About provision of utilities to owners and users of rooms in apartment houses and apartment houses" (The Russian Federation Code, 2011, No. 22, Art. 3168; 2013, No. 16, Art. 1972; No. 31, Art. 4216; No. 39, Art. 4979; 2014, No. 8, Art. 811; No. 9, Art. 919; 2015, No. 9, Art. 1316; 2017, No. 2, Art. 338; 2019, No. 1, Art. 4):

Paragraph one of Item 7 to add 1) with words ", taking into account features, stipulated in Item 148(54) these rules";

In paragraph four of the subitem "p" of Item 31 the word of "rates" shall be replaced with words 2) "rates (prices)";

Item 54 in paragraph seven the word of "rate" shall be replaced with words 3) "rate (price)";

The word of "rates" shall be replaced with words 4) in Item 68 "rates (prices)";

Paragraph two of Item 98 to add 5) with words ", and for cases, stipulated in Item 148(53) these rules, conditions and procedure for change of the amount of payment for the utility on heating provided to the consumer in premises for settlement period in price zones of heat supply of inadequate quality and (or) with the breaks exceeding the established duration are given in appendix No. 3";

Paragraph one of Item 101 to add 6) with words ", and for cases, stipulated in Item 148(53) these rules, the amount of payment for utility of inadequate quality is subject to reduction according to the procedure, provided by appendix No. 3 to these rules";

Paragraph two of Item 109 to add 7) with words ", and in the cases specified in Item 148 (54) these rules, also information specified in Item 124 (11) the Rules of the organization of heat supply in the Russian Federation approved by the order of the Government of the Russian Federation of August 8, 2012 No. 808 "About the organization of heat supply in the Russian Federation and about introduction of amendments to some acts of the Government of the Russian Federation" (further - Rules of the organization of heat supply)";

8) Item 118 in paragraph one shall be replaced with words the word of "rate" "rate (price)";

To add 9) with the Section XV (2) the following content:

"XV (2). Features of provision of utility on heating in the settlements, city districts carried to price zones of heat supply

148(50). In the settlements, city districts carried to price zones of heat supply according to the Federal Law "About Heat Supply" (further - price zones of heat supply), provision of utility on heating is made according to these rules taking into account the features provided by this Section.

148(51). The amount of payment for utility on heating in price zones of heat supply is calculated at the prices determined within limit of the price of heat energy (capacity) according to the Federal Law "About Heat Supply".

148(52). By provision in settlement period of utility on heating of inadequate quality and (or) with the breaks exceeding the established duration, the amount of payment for such utility determined for settlement period according to appendix No. 2 to these rules is subject to reduction by the amount of payment estimated totally for every period of provision of such utility of inadequate quality and (or) with the breaks exceeding the established duration on conditions and according to the procedure which are provided by appendix No. 1 to these rules, except as specified, of stipulated in Item 148(53) these rules.

148(53). The amount of payment for utility on heating determined for settlement period according to appendix No. 2 to these rules is subject to reduction on conditions and according to the procedure according to appendix No. 3 to these rules in case of observance of the following conditions:

a) the apartment house is equipped with the collective (all-house) metering device of heat energy, the heat carrier (the apartment house is equipped with the individual metering device of heat energy, the heat carrier);

b) violation of quality of utility on heating and (or) breaks in provision of utility on heating resulted from the non-compliance with parameter values of quality of heat supply and (or) parameters reflecting admissible breaks in heat supply, determined in delivery point on limit of the Section of elements of intra house engineering systems and centralized networks of engineering facilities which fact is fixed on collective (all-house) metering devices of heat energy in apartment houses (to individual metering devices in apartment houses) according to the procedure established according to Rules of the organization of heat supply;

c) there are no cases established by the legislation of the Russian Federation in the field of heat supply in case of which decrease in the amount of payment for heat energy (capacity) is not made.

148(54). If contractor is the single heatsupplying organization in case of approach of the conditions specified in Item 148 (53) these rules, to the consumers who addressed to the single heatsupplying organization with the message on violation of quality of utility for heating, reduction of the amount of payment for utility on heating on conditions and according to the procedure which are provided by appendix No. 3 to these rules is made.

For the purpose of application of appendix No. 3 to these rules the agreement containing regulations on provision of utility on heating, signed with the single heatsupplying organization joins the parameters of quality of heat supply, parameters reflecting the admissible breaks in heat supply determined in delivery point on limit of the Section of elements of intra house engineering systems and centralized networks of engineering facilities according to Rules of the organization of heat supply and also limits of the permitted variations of values of such parameters.

At the same time the single heatsupplying organization shall post on the website on the Internet of parameter value of quality of heat supply and parameters reflecting admissible breaks in heat supply, and also the limits of the permitted variations of values of such parameters determined according to Rules of the organization of heat supply, included in the agreement containing regulations on provision of utility on heating.

Parameter values of quality of heat supply and the parameters reflecting admissible breaks in heat supply are determined taking into account need of ensuring the established values of normative air temperature for premises and pressure in intra house system of heating, and also taking into account observance of admissible duration of breaks of the utilities established by appendix No. 1 to these rules.

The agreement containing regulations on provision of utilities, signed by making by the consumer of implied actions is considered the prisoner on the conditions established by these rules, including conditions about the parameter values of quality of heat supply and parameters reflecting admissible breaks in heat supply, and also limits of the permitted variations of values of such parameters.";

10) in appendix No. 2 to the specified Rules:

in the text of the word "the rate for heat energy established" shall be replaced with words "the rate (price) of heat energy established (determined)";

in paragraph five of Item 18 of the word "rate for the appropriate utility resource established" shall be replaced with words "the rate (price) of the appropriate utility resource established (determined)";

in paragraph seven of Item 20 and the paragraph the twelfth Item 20 (the word "established" shall be replaced with words 1) "established (determined)";

in the paragraph the fourteenth Item 22 of the word "rate for v-y the utility resource established" shall be replaced with words "the rate (price) of v-y the utility resource established (determined)";

in paragraph seven of Item 24 of the word "rate for the utility resource established" shall be replaced with words "the rate (price) of the utility resource established (determined)";

To add 11) with appendix No. 3 of the following content:

"Appendix No. 3

to Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses

Conditions and procedure for change of the amount of payment for the utility on heating provided to the consumer in premises for settlement period in price zones of heat supply of inadequate quality and (or) with the breaks exceeding the established duration

1. In case of observance of the conditions specified in Item 148 (53) Rules of provision of utilities to owners and users of rooms in apartment houses and the apartment houses approved by the order of the Government of the Russian Federation of May 6, 2011 No. 354 "About provision of utilities to owners and users of rooms in apartment houses and apartment houses" in case of provision in settlement period to the consumer in premises of utility on heating of inadequate quality and (or) with the breaks exceeding the established duration (further - violation of quality of utility on heating), the amount of payment for such utility in case of factual determination of violation of quality of utility on heating is subject to reduction according to this document.

2. The amount of decrease in payment for utility on heating in i-m premises in the z-m settlement period calculated totally for all cases of established facts of violation of quality of utility on heating in the specified settlement period, on which messages on violation of quality of utility on, to heating from the consumer (consumers) living in i-m premises for z-y arrived settlement period (the Delta of Pi, z) (rubles) is determined by formula:

where:

ki, z - quantity of established facts of violations of quality of utility on heating on which in z-m settlement period messages on violation of quality of utility on heating from the consumer (consumers) living in i-m premises arrived;

The delta of Pz, k - the size of decrease in the amount of payment for heat energy (capacity) delivered by the single heatsupplying organization to the contractor acquiring heat energy (capacity) for rendering utility on heating to consumers (or delivered by the single heatsupplying organization directly to the consumer), in case of non-compliance by the single heatsupplying organization included in the agreement of heat supply or the agreement containing regulations on provision of the utilities, parameter values of quality of heat supply and (or) parameters reflecting admissible breaks in heat supply, in z-m settlement period, determined according to the Rules of the organization of heat supply in the Russian Federation approved by the order of the Government of the Russian Federation of August 8, 2012 No. 808 "About the organization of heat supply in the Russian Federation and about introduction of amendments to some acts of the Government of the Russian Federation" for k-y established fact of violation;

Si - total area of i-go of premises;

Szhil - total area of all premises.".

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