ORDER OF THE MINISTRY OF EMERGENCY SITUATIONS OF UKRAINE

of September 29, 2011 No. 1037

About approval of Licensed conditions of implementation of economic activity on provision of services and performance of works of fire-proof appointment

According to articles 6 and 9 of the Law of Ukraine "About licensing of certain types of economic activity", the resolution of the Cabinet of Ministers of Ukraine of 14.11.2000 No. 1698 "About approval of the list of bodies of licensing" I ORDER:

1. Approve Licensed conditions of implementation of economic activity on provision of services and performance of works of fire-proof appointment which are applied.

2. To subjects of managing which obtain the license for implementation of economic activity on designing, installation, maintenance of means of fire protection and systems of heating, assessment of fire-proof condition of objects or the license for implementation of economic activity on carrying out testing for fire risk of substances, materials, building constructions, products and the equipment, and also the fire fighting equipment, fire and technical arms, products of fire-proof appointment to compliance to the established requirements, in three-months time from the date of entry into force of this order to bring the activities into accord with requirements of these Licensed conditions.

3. Declare invalid the order of the Ministry of Emergency Situations of 25.12.2009 No. 886 "About approval of Licensed conditions of implementation of economic activity on designing, installation, maintenance of means of fire protection and systems of heating, assessment of fire-proof condition of objects and Licensed conditions of implementation of economic activity on carrying out testing for fire risk of substances, materials, building constructions, products and the equipment, and also fire fighting equipment, fire and technical arms, products of fire-proof appointment to compliance to the established requirements", registered in the Ministry of Justice of Ukraine 21.01.2010 for No. 60/17355.

4. To provide to the state inspection of technogenic safety of Ukraine submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

5. This order becomes effective from the date of its official publication.

6. I reserve control over the implementation of this order.

Approved by the Order of the Ministry of emergency situations of Ukraine of September 29, 2011 No. 1037

Licensed conditions of implementation of economic activity on provision of services and performance of works of fire-proof appointment

I. General provisions

1.1. These Licensed conditions are developed according to the Laws of Ukraine "About licensing of certain types of economic activity", "About fire safety".

1.2. These Licensed conditions determine the organizational, qualification, production and special requirements obligatory for accomplishment when implementing economic activity by provision of services and performance of works of fire-proof appointment.

1.3. Action of these Licensed conditions extends to all subjects of managing irrespective of their form of business and pattern of ownership performing economic activity on provision of services and performance of works of fire-proof appointment.

1.4. Body of licensing of economic activity on provision of services and performance of works of fire-proof appointment is the State inspection of technogenic safety of Ukraine.

1.5. In these Licensed conditions terms and determinations are used in such value:

administration room (office) - the non-residential premise which belongs to the subject of managing on the property rights or leases, in which its executive body is located (the director, board, etc.) and which has the address through which the mail service can be performed;

the contractor - the staff employee of the subject of managing which has the corresponding qualification is subordinated to the works manager and directly carries out specific work types and services which are carried out within activities of fire-proof appointment;

activities of fire-proof appointment - economic activity on provision of services and performance of works of fire-proof appointment;

means of fire protection - the technical means intended for the prevention, identification, localization and liquidation of the fires, protection of people, material values and the environment against influence of dangerous factors of the fire.

Systems of the fire alarm, fire extinguishing, the notification about the fire and managements of evacuation of people, antismoke protection, fire observation, emergency firefighting equipment, devices for protection of buildings and constructions against lightning discharges, fire protection of designs (materials, products), ogneprepyatstvuyushchy devices belong to means of fire protection (doors, windows, hatches, veils (screens), valves with the normalized limits of fire resistance);

the works manager - the staff employee of the subject of managing which has the corresponding qualification and experience of works and on functional obligations is responsible for implementation of separate work types and services which are carried out within activities of fire-proof appointment;

installation - complex of transactions on establishment, connection of separate components, nodes and aggregates, adjustment and check on working capacity;

assessment of fire-proof condition of object - determination of compliance of rooms, buildings, constructions and their territories, engineering procedures of productions, etc. to requirements of the existing regulatory legal acts concerning fire safety;

check (survey) of devices of lightning protection - the complex of works which is carried out with certain frequency and is aimed at providing project parameters of devices of lightning protection (check of reliability of electric connections between conducting parts, lack of mechanical damages, corrosion destruction, measurement of resistance of current of spreading of grounding and taking measures to recovery of the normalized parameters);

system of antismoke protection - the complex of technical means intended for forced removal of flying products of combustion (in particular smoke) from rooms and ways of evacuation of buildings and constructions, and also creation of excessive pressure of air on nezadymlyaemy staircases, in fire-proof vestibule locks, lift halls, mines of elevators and other protected amounts of buildings and constructions in case of fire which incentive system is the fire alarm;

special training - advanced training based on educational and nauchnoissledovatelsky institutions of the Ministry of Emergency Situations of Ukraine and Gostekhnogenbezopasnosti of Ukraine by the curricula and programs approved in accordance with the established procedure for the purpose of acquisition of special knowledge in industry of the related economic activity;

observation of fire automatic equipment of objects (fire observation) set of the organizational and technical actions intended for ensuring the remote round-the-clock observation of condition of fire automatic equipment of objects which is performed by acceptance processing and transfer of alarming messages from fire automatic equipment (fire extinguishing systems, the fire alarm, antismoke protection) objects which are observed also response to them;

maintenance - complex of the organizational and technical actions connected with ensuring operating state of products, systems (installations) by performance of works on testing, repair and replacement of components, nodes and aggregates according to regulating documents on maintenance;

the center of observation of the Ministry of Emergency Situations of Ukraine - the organization (company) belonging to the sphere of department of the Ministry of Emergency Measures of Ukraine determined by the Ministry of Emergency Situations of Ukraine which will organize and ensures system operation of centralized fire observation, performs maintaining single base of subjects to observation of the Ministry of Emergency Situations of Ukraine.

1.6. For receipt of the license for implementation of economic activity on provision of services and performance of works of fire-proof appointment (daleelitsenziya) the subject of managing personally or through the body authorized by it or person files in body of licensing petition for licensing (appendix 1).

If the subject of managing plans to perform economic activity of fire-proof appointment not in full, and partially (on the separate work types and services determined in the Section II of these Licensed conditions), then these works and services are also specified in the statement for licensing. In this case in the license after type of economic activity work types and services to which it extends are specified.

In case of availability at the applicant of branches or other separate divisions which will carry out works and services of fire-proof appointment based on the obtained license in the statement the list of such divisions with indication of their location and work types and services which are planned by them to be carried out is provided.

1.7. Such documents are enclosed to the application for licensing:

the data on availability of the material and technical resources necessary for implementation of the declared type of economic activity signed by the applicant - the subject of managing (appendix 2);

the data on availability of the specialists necessary for implementation of the declared type of economic activity signed by the applicant - the subject of managing (appendix 3);

certified in the procedure for the copy of documents established by the legislation, confirming the property right of the subject of managing or lease by it of the equipment and the production rooms necessary for implementation of the corresponding type of economic activity, according to these Licensed conditions;

certified in the procedure for the copy of documents established by the legislation, confirming the educational and qualification level of specialists necessary for implementation of the corresponding type of economic activity, according to these Licensed conditions.

For implementation of the works and services determined in Items 2.15-2.17 of the Section II of these Licensed conditions such documents in addition are attached:

the copies of techniques of carrying out testing certified in accordance with the established procedure (in case of lack of standardized) and the act of inspection of metrological support of works;

the comparative test reports on fire safety confirmed with the Ukrainian research institution of fire safety.

1.8. The statement for licensing (about issue of the copy of the license, about renewal of the license, about issue of the duplicate of the license) and documents which are attached to it are accepted under the list of documents (appendix 4). The second copy (copy) of the inventory is issued to the applicant with mark about date of documents acceptance by body of licensing and the signature of the responsible person.

1.9. The statement remains without consideration if documents are processed with violation of requirements of article 10 of the Law of Ukraine "About licensing of certain types of economic activity".

1.10. The body of licensing of activities of fire-proof appointment in time not later, than ten working days from receipt date of the statement for licensing and documents which are enclosed to the application makes the decision on licensing or on refusal in its issue.

The decision goes (is issued) to the applicant in writing within three working days from acceptance date of the relevant decision.

The decision on licensing is made on condition of compliance of the subject of managing to these Licensed conditions according to the filed documents and reliability of the data specified in them.

In the decision on refusal in licensing the bases of such refusal are specified.

1.11. For licensing the applicant brings payment in the amount of and procedure, determined by the resolution of the Cabinet of Ministers of Ukraine of 29.11.2000 No. 1755 "About effective period of the license for implementation of certain types of economic activity, the sizes and procedure for transfer of payment for its issue".

1.12. On receipt of the document confirming introduction of payment for the license, the body of licensing within three working days draws up the license which is granted to the applicant according to its address.

1.13. For implementation of the works and services determined in Items 2.1-2. 3, 2.5, 2.11 Section II of these Licensed conditions, in the license together with type of economic activity (in full or partially) on which right of implementation the license is granted, risk degrees of objects of rather fire safety (high, average, insignificant) are specified on which such works can be performed. Risk degrees of objects are determined according to the Procedure for distribution of subjects of managing on risk degree of their economic activity for safety of life and health of the population, the surrounding environment of rather fire safety approved by the resolution of the Cabinet of Ministers of Ukraine of 14.11.2007 No. 1324.

1.14. For performance of works and services on objects with high risk (according to Item 3.9 of the Section III of these Licensed conditions) the subject of managing shall have:

the total quantity of contractors is twice more minimum, determined by these Licensed conditions (except works on designing of fire extinguishing systems (water, foam, gas, powder, aerosol), the fire alarm, the notification about the fire and managements of evacuation of people, antismoke protection, transfer of alarming messages, devices of lightning protection, fireproof processing; fireproof processing and maintenance);

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