Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 30, 2022 No. 948

About providing the available circle for disabled people in housing stock

Based on part five of article 37 of the Law of the Republic of Belarus of June 30, 2022 "About the rights of disabled people and their social integration" the Council of Ministers of the Republic of Belarus DECIDES: No. 183-Z

1. Approve Rules of ensuring access and use of disabled people of premises, by auxiliary rooms in apartment apartment houses, entrances and exits from apartment apartment houses (are applied).

2. This resolution becomes effective since January 6, 2023.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 30, 2022 No. 948

Rules of ensuring access and use of disabled people of premises, auxiliary rooms in apartment apartment houses, entrances and exits from apartment apartment houses

1. Will be determined by these rules procedure for ensuring fitness for access and use of disabled people (further if other is not established, - availability) premises in the apartment apartment houses provided by local executive and administrative organs, other organizations in property, economic maintaining, operational management or free use of which there are premises (further - owners of premises), according to employment contracts of premises to disabled people, and also families as a part of which there are disabled people (further - premises), auxiliary rooms in apartment apartment houses, entrances and exits from apartment apartment houses in which there are premises.

For the purposes of these rules terms and their determinations in the values established by the Housing code of the Republic of Belarus, the Law of the Republic of Belarus "About the rights of disabled people and their social integration" and also the following terms and their determinations are used:

the greatest possible degree - arrangement of object of the apartment apartment house with use of the greatest number of elements of the available circle taking into account architectural structure and technical capabilities of this object;

object of the apartment apartment house - residential and auxiliary rooms and ways of movement in the apartment apartment house, entrance groups of the apartment apartment house, elevators, lift electric platforms, and also the territory in which the apartment apartment house (apartment apartment houses) is located.

2. Ensuring availability of objects of apartment apartment houses in case of operation of housing stock is performed by means of observance of requirements of acts of the legislation in the field of architectural, town-planning and construction activities, the technical regulatory legal acts regulating creation of the available circle, and also these rules.

3. These rules extend to functional and planning elements of objects of apartment apartment houses, and also are applied when ensuring information arrangement of residential and auxiliary rooms in apartment apartment houses.

4. Owners of premises for the purpose of arrangement of object of the apartment apartment house have the right before work on this object to address representatives of public associations of disabled people and (or) in local executive and administrative organs.

5. Assessment of technical capability of adaptation under needs of disabled people of object of the apartment apartment house, and also economic feasibility of ensuring availability of object of the apartment apartment house is performed by owners of premises with involvement of the commission on determination of availability of object of the apartment apartment house.

6. The commission on determination of availability of object of the apartment apartment house is created by the decision of local executive and administrative organ in the structure approved by this decision.

7. Availability of object of the apartment apartment house is provided by means of its adaptation in the greatest possible degree taking into account special needs of disabled people.

8. In the absence of technical capability and (or) economic feasibility of implementation of actions on ensuring availability of object of the apartment apartment house taking into account observance of the established requirements of the technical regulatory legal acts regulating creation of the available circle, its availability is provided with alternative decisions, including by means of application:

caterpillar ladder elevator;

carriages-stupenkokhoda;

other technical solutions taking into account reasonable adaptation.

The decision on possibility of use of alternative assistivny devices and technologies can be accepted owners of premises.

In the absence of technical capability to equip in the apartment apartment house the central entrance for the disabled people using wheelchair in case of movement availability of other entrance (is provided in case of its availability) or arrangement of entrance to the apartment occupied by the disabled person taking into account design features of the apartment house from window or balcony is performed (it is not higher than 1 floor). In case of ensuring availability of other entrance the index with information on available entrance (exit) is established.

9. In case of lack of technical capability to provide availability of object of the apartment apartment house according to Item 2 of these rules its availability is provided proceeding from special needs of the disabled person in the greatest possible degree taking into account reasonable adaptation.

10. Lack of sales opportunity of the decisions stated in these rules is the basis for recognition of premises of the apartment apartment house unsuitable for accommodation of the disabled person.