It is registered
in the Ministry of Justice
On May 6, 1999 No. 292/3585
of March 9, 1999 No. 15
About approval of the Instruction about procedure for transfer of documentation and implementation of state examination on energy saving in pursuance of item 4 of the resolution of the Cabinet of Ministers of July 15, 1998 No. 1094
According to the resolution of the Cabinet of Ministers of Ukraine of 15.07.98 of N1094 "About State Examination on Energy Saving" I ORDER:
1. Approve the Instruction about procedure for transfer of documentation and implementation of state examination on energy saving that is applied.
2. To impose control of execution of the specified Instruction on the vice-chairman of Committee Likhoshva Yu. V.
Chairman of Committee V. T. Merkushov
Approved by the Order of the State committee of Ukraine on energy saving on March 9, 1999 No. 15
The instruction about procedure for transfer of documentation and implementation of state examination on energy saving (further - the Instruction) is developed in pursuance of the item "є" Article 3 and Articles 21, of 22, of 23, of 24, 27 Laws of Ukraine "About energy saving" and according to item 4 the resolution of the Cabinet of Ministers of Ukraine of 15.07.98 of N1094 "About State Examination on Energy Saving".
When implementing state examination on energy saving it is necessary to be guided by this Instruction, the Laws of Ukraine: "About investing activities", "About scientific and scientific and technical examination", "About auditor activities", "About metrology and metrological activities" (the Section V, Article 29), the Regulations on the State inspectorate for energy saving approved by the resolution of the Cabinet of Ministers of Ukraine of June 29, 2000 N 1039, the resolution of the Cabinet of Ministers of Ukraine of 15.07.97 of N786 "About Procedure for Regulation of Specific Expenses of Fuel and Energy Resources in Social Production" (the item 13, 14), the resolution of the Cabinet of Ministers of Ukraine of 10.07.97 N731 "About Complex Measures concerning Implementation of the National Energy Program of Ukraine till 2010", resolutions of the Cabinet of Ministers of Ukraine of 17.03.98 N326 "About Modification of the Regulations on Procedure for Acceptance of Operation Completed by Construction of Facilities of the State Order" and of 17.08.98 N1308 "About the Approval Procedure of Investing Programs and Construction Projects and Conducting Their Complex State Examination", the Comprehensive state program of energy saving of Ukraine, the accepted resolution of the Cabinet of Ministers of Ukraine of 05.02.97 N 148, and also Goskomenergozberezheniya's order of 14.10.97 N93 "About Approval of the Basic Methodical Provisions on Regulation of Specific Expenses of Fuel and Energy Resources in Social Production".
The examination purpose - prevention of implementation of the energy-intensive technologies, production and implementation of the energy-intensive equipment, equipment, devices, household appliances connected with production, conversion, production, transportation, storage and use of all types of fuel and energy resources.
Examination is complex system of measures concerning establishment of compliance to the current legislation concerning energy saving, to standards, regulations and standard rates of energy saving of productive activity of the companies, organizations and organizations of territorial schemes of power supply, instructive-methodological and normative and technical acts, construction regulations and rules, documentation on creation and acquisition of the new power-intensive equipment, technologies and materials, power technological part of feasibility statements and construction projects new and expansion of the operating objects and the companies, other preplanned and preproject documentation, documents and materials which regulate all types of activity in the field of energy saving, for the purpose of achievement as it is possible for bigger efficiency of use of fuel and energy resources, rational and effective use of all types of energy due to implementation of modern achievements of the equipment and technologies in industries of social production.
In the course of expert evaluation compliance of the investing and other activities connected with production, conversion, transportation, storage, production and consumption of fuel and energy resources, to the current legislation on energy saving, compliance of preproject and other decisions to requirements normative and legal and the specifications and technical documentation, compliance of objects of examination to the modern level of scientific and technical achievements in the field of energy saving, to requirements of economic feasibility of developments, the economy level reached thanks to the power savings measures reproduced in documentation, to the reached level of rational and effective use of fuel and energy, material, labor and other resources is determined. Examination determines effectiveness assessment when implementing the technical solutions which are been the basis for development, extent of achievement of necessary level of product competitiveness, services and so forth by results of implementation, investment soundness, patentability and patent purity of technical solutions and the equipment, extent of rational use of natural resources, possible reducing payback period of products, services and so forth.
Conducting examination is obligatory for the companies, organizations and the organizations of all patterns of ownership registered in the territory of Ukraine.
1.2. This Instruction regulates procedure for transfer of documentation and establishes single procedure of state examination in Ukraine on energy saving by the State inspectorate for energy saving of the National agency of Ukraine concerning ensuring effective use of energy resources (further - the State inspection) and its divisions on places. The instruction is held for use when conducting examination on energy saving by the State inspectorate for energy saving and its territorial administrations and is obligatory for all customers of state examination on energy saving in the territory of Ukraine.
1.3. The bases for conducting examination on energy saving are:
the decisions of executive bodies and local self-government accepted within their powers, the solution of NAER, planned examination of specific regulations and standard rates of consumption of fuel and energy resources (further - TER), tasks for conducting examination of the regulating documentation of the state system of standardization and regulation, agreements on conducting examination signed by the companies, organizations and the organizations, physical persons.
2.1. Procedure for transfer of documentation for state examination on energy saving
2.1.1. Requests for conducting examination on energy saving of documentation which is subject to approval by the Verkhovna Rada of Ukraine or the Cabinet of Ministers of Ukraine are sent for consideration in NAER. In other cases of the request for conducting state examination on energy saving of documentation go the State inspectorate for energy saving and its territorial administrations in form according to appendix 1 to this Instruction.
2.1.2. The list of documentation on objects which are subject to state examination on energy saving according to article 22 of the Law of Ukraine "About energy saving" and the Provision "About State Examination on Energy Saving", the Cabinet of Ministers of Ukraine approved by the resolution of 15.07.98 of N 1094, and also the requirement to its structure, content and amount are given in appendices 2, 3 to this Instruction.
2.1.3. Procedure for transfer of documentation in the case provided by item 5 of the resolution of the Cabinet of Ministers of 15.07.98 of N1094 "About State Examination on Energy Saving", and examination procedure on energy saving of the acquired on import of the new power-intensive equipment, power-intensive technologies and power-intensive materials are given in appendix 14.
2.1.4. Requests for conducting examination on energy saving of drafts of instructive-methodological and normative and technical acts which regulate determine and stipulate specific expenses, norms and energy characteristics of constructions, houses, the equipment, machines and mechanisms, and also examinations of regulations concerning use of fuel and energy resources of all types or concerning influence of technical performances on the level of general consumption of fuel and energy resources depending on design features (thickness of walls, heat transfer through separate constructive details, features of design of coppers and so forth), including examinations of construction regulations and rules, are sent for consideration in the State inspectorate for energy saving.
2.1.5. Requests for conducting examination on energy saving of documentation on creation in Ukraine of the new power-intensive equipment and technologies, and also on creation of new power-intensive materials which need permission of other bodies of Ukraine (Gosgorpromnadzor, the Gosergonadzor and others) are sent for consideration in the State inspectorate for energy saving.
2.1.6. Requests for conducting examination on energy saving of documentation on implementation of the new equipment and technologies, and also new materials are sent for consideration in regional and regional inspectorates for energy saving in which subordinated territory implementation of this equipment and technologies, just as on conducting obligatory examination of energy passports of the equipment, regime cards, technological instructions and maintenance instructions, production facilities of the companies, organizations, organizations, apartment houses and objects of agricultural production of all patterns of ownership, and also the equipment, household appliances, heating and lighting fixtures, other devices and the equipment which are subject to state examination on energy saving at the initiative of the owner or wholesale buyers is provided.
2.1.7. Documentation on devices, systems of complex measurement, control and accounting of fuel and energy resources and counters of electrical, heat energy, gas and so forth which are transferred to state examination including in the case provided by item 5 of the resolution of the Cabinet of Ministers of Ukraine of 15.07.98 of N1094 "About State Examination on Energy Saving" are sent for consideration in the State inspectorate for energy saving or regional and regional inspections in which subordinated territories owners of these objects stay.
2.1.8. Requests for examination of cross-industry, industry and regional techniques of regulation go in the State inspectorate for energy saving, and go for examination of regulations of specific expenses of fuel and energy resources of the request to regional and regional inspections.
2.1.9. Examination on energy saving of power technological parts preproject (feasibility statements) and project and estimate (projects, working documentation, working projects) documentation which is component of complex state examination of investing programs and construction projects is carried out according to the current legislation and other regulating documents determined by the Ministry of Regional Development and Construction in coordination with NAER.
2.2. Organization of examination for energy saving
2.2.1. State examination on energy saving is carried out by directly expert divisions of the State inspectorate for energy saving and its divisions on places with involvement of representatives of executive bodies, specialists of research, design, other organizations and organizations, higher educational institutions, the public, experts of the international organizations according to part two of article 23 of the Law of Ukraine "About energy saving".
(The list of divisions of the State inspectorate for energy saving which perform examination on energy saving, - appendix 10).
2.2.2. The choice of specific way of conducting state examination on energy saving in each separate case is performed by management of expert divisions of the State inspectorate for energy saving and its divisions on places.
2.2.3. Irrespective of way of conducting state examination on energy saving expert divisions shall consider conclusions of obligatory state examinations which consist according to the current legislation of Ukraine, to perform approval of approaches to assessment of this or that documentation, to cooperate with contractors of state examinations in any mutually acceptable form for the purpose of ensuring coordination of line items of NAER with other executive bodies.
2.2.4. After receipt of the request the state inspectorate for energy saving or its divisions on places report to the customer about division of inspection (management, department of examination in structure of inspection) to which documentation for consideration shall be submitted. According to this message the customer transfers documentation to state examination of energy saving with accompanying leaf in which are specified: the location of the customer, its surname and office phone, the complete list of documentation which is transferred to examination, together with the drawn-up contract for conducting state examination of energy saving signed by the corresponding head.
The list of documentation on objects which are subject to examination on energy saving and also requirements to its structure, content and amount, are given in appendix 3.
2.2.5. The contract for its carrying out is the main document which regulates the relations between the customer and the organizer of examination (appendix 4).
In the contract for conducting examination are determined by energy saving:
subject and objects of examination;
agreement performance conditions;
rights and obligations of the Parties;
the term of conducting examination according to the schedule attached to the agreement depending on labor input of examination and its complexity (but it is no more than 30 working days);
procedure of payments, conditions which influence change or the termination of contractual relations;
responsibility for quality and reliability of conclusion of examination, effective period of such responsibility and particular persons to whom it is assigned, rather separate Sections or for examination in general;
the list of documents which the customer receives by results of examination;
other essential conditions which follow from specifics of object of examination, namely the term during which conclusions of examination remain in force depending on nature of object of examination, responsibility for untimely accomplishment of terms of the contract and others.
The customer applies general information about object of examination and expected project decisions to the agreement (as a rule, general explanatory note) and the compressed project essence statement (the passport of the project).
2.2.6. The expert division of inspection checks compliance of formal signs of object of examination to the established regulations and rules on energy saving, requirements of standards and so forth, and also structure of documentation transferred to state examination on energy saving. In case of detection of incompleteness of data which contain in the materials provided for examination documentation is not considered accepted.
Acceptance date of documentation for state examination on energy saving date of transfer of inspection to its expert division in full, according to appendix 2 to this Instruction is considered.
2.2.7. Expert divisions of inspection, depending on specifics of specific objects of state examination on energy saving, can require provision of expert conclusions of obligatory state examinations if according to regulations on these examinations such expert conclusions precede examination on energy saving. In case of requirement the expert can invite in temporary use, for conducting examination, also materials of approval of documentation of relevant organs of the executive authority and local government bodies, additional materials concerning calculations of the equipment, the specification on development, calculations of amounts of installation and construction works, material, labor and energy resources.
With technical capabilities the customer can represent, in coordination with the contractor of examination, separate documents on magnetic carriers.
2.2.8. During conducting state examination on energy saving expert divisions can make the decision on provision by it for office requirements in permanent use of the copy of general explanatory note, passports (abstract) of the project, the Section of efficiency evaluation of use of fuel and energy resources, power technological part of the project, another, and also instructive-methodological, normative and technical acts, programs or schemes of power supply of the company, separate drawings, technical and economic calculations, plans, tables and so forth.
2.2.9. Documentation transferred to state examination on energy saving is stored in the procedure established by the legislation in expert divisions of the State inspectorate for energy saving or its territorial administrations for further analytical work and maintaining databanks (appendices 6, 7).
2.2.10. After completion of the works connected with state examination on energy saving, the customer receives the expert opinion. The transferred documentation returns to the customer who sent it to consideration, with the cover letter and the expert's marks in case of requirement of completion of documentation. In case of repeated examination such copy remains stored in expert division.
According to notes of examination the customer shall make the changes connected with violation of normative requirements and also according to notes on which the customer and the developer did not provide to the expert of reasonable objections.
2.3. Procedure for provision of documents and accomplishment of examination
2.3.1. The customer sends the official letter addressed to Main (senior) of the state inspector on energy saving who arrives for registration of entrance documentation in office.
2.3.2. The chief (senior) state inspector vises the letter no more than one working the day in time. After that the office registers the letter and transfers it for execution to the relevant division of inspection.
2.3.3. The specialist who performs examination processes contractual documents, determines the cost (constitutes the estimate), amounts of works, the need for receipt of the additional information from the customer, including normative and legal nature, terms of performance of works by examination.
2.3.4. The provisional estimate of work material includes:
viewing and verification of documentation, consultation with the customer, approval of amount of examination, check of completeness of information provided by the customer;
viewing of documentation by specialists of inspectorate (determination of labor costs, the qualification choice, determination of complexity of documentation, the coding and registration in databank);
preparation of documentation for transfer to specialists, determination of its amount (on specialization), terms, the cost of separate Sections, maintaining databank of specialists in specialization;
metrological support of accomplishment of examination, metrological support of working documentation (regulation, rule, order, GOST, GSTU, TU, VBN, RBN and such other), consultations of specialists and technical assistance, normative legal support.
2.3.5. Preparation of work materials of provisional estimate which are carried out by specialists on contractual bases according to task of expert division consists with:
search of domestic and foreign scientific and technical information concerning examination subject;
analysis of scientific and technical information;
analysis of results of patent search;
analysis of design documents;
analysis of technical documentation;
studying and analysis of the best practices;
analysis of metrological support;
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