of June 9, 2023 No. 435
About approval of the Technical regulation "About Safety of Buildings and Constructions, Construction Materials and Products"
According to the subitem 20) Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation" and subitem 23-7) of article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan" PRIKAZYVAYU:
1. Approve the enclosed Technical regulation "About Safety of Buildings and Constructions, Construction Materials and Products".
2. To provide to committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.
4. This order becomes effective after six months from the date of its first official publication.
Minister of the industry and infrastructure development of the Republic of Kazakhstan
M. Karabayev
It is approved Ministry of Health of the Republic of Kazakhstan |
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It is approved Ministry of Emergency Situations of the Republic of Kazakhstan
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It is approved Ministry of national economy of the Republic of Kazakhstan
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It is approved Department of Energy of the Republic of Kazakhstan |
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Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of June 9, 2023, No. 435
1. The technical regulation "About Safety of Buildings and Constructions, Construction Materials and Products" (further – the Technical regulation) is developed according to the subitem 20) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation" (further – the Law on technical regulation), and also subitem 23-7) of article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (further – the Law on architectural, town-planning and construction activities).
2. The technical regulation establishes minimum and obligatory for application and execution in the territory of the Republic of Kazakhstan requirements to safety of buildings and constructions, construction materials and products at all stages of their lifecycle, and also the rule of their identification, the rule and form of assessment of conformity, including in case of production in the address, requirements to marking of construction materials and products, and also rules of its drawing for ensuring free movement of the territories of the Republic of Kazakhstan.
3. Identification of objects of technical regulation of the Technical regulation is performed for establishment of accessory of specific buildings and constructions, construction materials and products to scope of the Technical regulation.
4. Buildings and constructions are identified on functional purpose according to the project documentation, the acceptance act in operation or to technical data sheet according to article 73 of the Law on architectural, town-planning and construction activities, and also according to the Law of the Republic of Kazakhstan "About state registration of the rights to real estate".
5. Identification of construction materials and products is carried out by establishment of identity of their characteristics to the signs containing in the accompanying documentation on identifiable products taking into account code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU), including appointment and the field of its application, origin and structure, features of the production technology and use.
6. The list of construction materials and products and their codes on the qualifier of the CN FEA EEU is given in appendix of 1 Technical regulation.
7. Action of the Technical regulation extends:
1) on the buildings and constructions of all industries of economy irrespective of patterns of ownership and departmental accessory put into operation after completion of new construction, reconstruction or major repair, processes of engineering researches, designings, constructions, installation, adjustment, operation, post-utilization of buildings and constructions;
2) on construction materials and products irrespective of country of source and processes of their production, marking, transportation, storage, use, utilization.
8. The technical regulation does not extend to economic and household constructions in the territories of individual personal plots and on sites of garden and gardening partnerships (societies), and also construction materials, products and designs, and on safety of the engineering procedures corresponding to functional purpose of buildings and constructions.
9. In the Technical regulation the concepts established by the legislation of the Republic of Kazakhstan in the field of technical regulation and architectural, town-planning and construction activities and also the following terms and determinations are used:
1) the building – the artificial structure consisting from the bearing and protecting designs forming the obligatory land closed amount, depending on functional purpose used for accommodation or stay of people, accomplishment of production processes, and also placement and storage of material values. The building can have underground part;
2) the manufacturer – the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur, performing on its own behalf production or production and sales of products;
3) person authorized by the manufacturer – the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur who based on the contract with the manufacturer, including with the foreign manufacturer, performs actions on behalf of this manufacturer in case of assessment of conformity and release into the stream of commerce of products in the territory of the Republic of Kazakhstan;
4) new construction products is construction products which are made or used for the first time in the Republic of Kazakhstan;
5) the importer – the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur who concluded with the foreign manufacturer (seller) the agreement in foreign trade (contract) for transfer issued by lots of products and performs release of these products in the address and (or) its realization in the territory of the Republic of Kazakhstan;
6) innovative construction materials and products (products) is a new improved products which differ from earlier made products in the properties or methods of application;
7) construction – artificially created three-dimensional, plane or linear object (land, surface and (or) underground, underwater) having natural or artificial spatial borders and intended for accomplishment of production processes, placement and storage of material values or temporary stay (movement) of people, freights, and also placement (laying, posting) the equipment or communications. The construction can also have art and esthetic, arts and crafts or memorial appointment;
8) construction product – the construction products made by industrial method and intended for application as element of building construction or other construction product;
9) building construction – the permanent element of construction object made of construction materials and/or products;
10) construction documentation – system of interconnected documents (including the preproject and project documentation, the state and interstate regulating documents), the territories, necessary for the organization, construction (primary, expansions, upgrades, modernization, reconstruction, restoration, major repair, preservation and post-utilization) objects, and also the organization of construction, engineering training of the territory, improvement, gardening, external design;
11) construction material – construction products of natural origin or made by industrial method, intended for production of construction products and/or designs;
12) construction object – the building, construction or other immovable object of the artificial circle which is resulting effect of construction activities;
13) lifecycle of construction object – the consecutive and interconnected stages of existence of construction object, including its creation, operation and completion of existence;
14) parametrical method of construction regulation – method, aktsentriruyushchy attention on result (purpose) which this normative requirement shall reach and allowing set of alternative ways of its achievement;
15) post-utilization of object – complex of works on dismantle and demolition of capital structure (the building, construction, complex) after the termination of its operation (use, application) with simultaneous recovery and recycling of the regenerated elements (designs, materials, the equipment), and also conversion of the elements and waste which are not subject to regeneration;
16) safety of products and processes – condition of construction objects and construction products in case of which harming or threat of life and to human health and animals, to property, the environment is excluded;
17) production in the address – delivery (realization) or import of products (including sending from warehouse of the manufacturer or shipment without warehousing) for the purpose of distribution in the territory of the Republic of Kazakhstan when implementing business activity;
18) the applicant – the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur (the manufacturer, the importer, the person authorized by the manufacturer, the seller) which provided products, processes and service for evaluating compliance;
19) natural stones – the construction materials of natural origin which are extracted by machining of magmatic, sedimentary and metamorphic breeds without use of epoxies for filling of cavities (emptiness) and other chemical medicines for pigmentation and coloring;
20) the regulating documents interconnected with the technical regulation – the construction regulations harmonized in compliance with this Technical regulation, construction regulations and rules, sets of rules, health regulations, hygienic standard rates and other normative and technical documents which fulfillment of requirements provides observance of provisions of this Technical regulation.
10. Construction materials and products in case of release into the stream of commerce on the territory of the Republic of Kazakhstan are followed by the certificate of conformity or the declaration of conformity.
11. Construction materials and products are released in the territory of the Republic of Kazakhstan in case of their compliance to requirements of the Technical regulation based on article 35 of the Law on technical regulation and provided that they underwent assessment of conformity according to Chapter 6 of the Technical regulation.
12. Additional requirements of the Technical regulation to safety of separate specific constructions are established in special technical regulations of the Republic of Kazakhstan. At the same time the specified requirements do not contradict requirements of the Technical regulation, except for the requirements established by the international treaties ratified by the Republic of Kazakhstan.
13. Drawing mark of conformity on the products which are subject to obligatory confirmation of conformity and did not undergo confirmation of conformity to the requirements established by this Technical regulation is not allowed.
14. Implementable construction materials and products (including imported):
1) are safe, with not expired terms of their storage or the validity (in the presence), undisturbed container and packaging (according to requirements of regulating documents), with complete set of operational documentation. Are not implemented (are not on sale) if there is information from the manufacturer, the consumer or state control bodies and supervision about discrepancy of specific materials and products to the established safety requirements;
2) are provided with the accompanying documentation for the consumer (the instruction for use, the quality certificate, the certificate of conformity or the declaration of conformity, the technical or regulating documentation), for assessment of possible risks of damnification and acceptance of adequate measures of safety by them;
3) are provided with information for sellers on operations procedure in case of their realization, about registration of claims of consumers for the purpose of further check.
15. Buildings and constructions are designed and under construction suitable for proper use during settlement service life and are put into operation according to requirements of the legislation in the field of architectural, town-planning and construction activities and the Technical regulation.
16. Buildings and constructions conform to the following basic requirements:
1) mechanical durability and stability;
2) fire safety;
3) in the field of sanitary and epidemiologic wellbeing;
4) safety in use, and also availability to persons with disability;
5) energy efficiency and economy of energy;
6) environmental protection and rational use of natural resources.
17. Safety of buildings and constructions, and also the related processes of engineering researches, designings, constructions, installation, adjustment, operation and post-utilization is provided by means of establishment and observance during all lifecycle of safety requirements of project decisions and quality characteristics.
18. For ensuring fulfillment of requirements of mechanical durability and stability, the building and construction are designed and under construction so that the loadings attached to them and impacts in the period of their construction and operation did not lead to the following consequences:
to building collapse and constructions or their parts;
to formation of the deformation of designs of construction object exceeding maximum permissible size;
to damage of other building constructions or constructions, and also the equipment or other mounted devices, owing to considerable deformations of load-carrying structures;
to damage to result of the loading, on extent of impact which is not exceeding the initial loading which became damage source;
to the progressing collapse of designs in case of destruction of separate elements.
19. Fulfillment of requirements of mechanical safety is provided with observance of condition not of limiting achievement of conditions of load-carrying structures of construction objects on durability and stability according to the made calculations.
20. Construction objects resist to all possible impacts and influences which are made during construction and operation, and also conform to requirements for operational suitability for structural elements.
21. Buildings and constructions are designed and under construction with possibility of prevention or reduction of risk of fire, protection of people, property, plant and animal life from impact of dangerous factors of the fire and (or) with restriction of impact of these factors, and also taking into account safety of staff of divisions of the fire services involved in case of fire extinguishing, rescuing of people and carrying out wrecking in case of the fire.
22. Buildings and constructions conform to the following requirements of fire-proof protection:
1) non-proliferation of the fire on adjoining buildings and constructions are provided with arrangement of buildings and constructions in the territories of city and rural settlements, and the organizations taking into account their appointment, fire resistance, constructive fire risk and other features;
2) pozharovzryvoopasny objects are located behind borders of settlements and if it is impossible - that taking into account restriction to the required level of impact for adjoining buildings and constructions of the striking factors of explosions and dangerous factors of the fire on these objects;
3) the territories of city and rural settlements, and the organizations, buildings and constructions have sources of external and internal water supply for suppression of the possible fires;
4) passes, drives and entrances to buildings and constructions provide possibility of access to them of the fire fighting equipment and technical means of rescue services;
5) buildings and constructions have possibility of access for staff of fire divisions and rescue services, and also deliveries of fire extinguishing means to any placement of the building or construction and possibility of supply of fire-fighting substances to the seat of fire, for the purpose of rescuing of people and reducing damage caused by the fire, localization of the fire with subsequent its liquidation and prevention of its renewal;
6) space-planning and constructive solutions of buildings and constructions, fire-proof barriers, fire compartments and sections, building constructions, including finishing and facing of designs on the ways of evacuation, the applied construction materials and products, and also elements of internal systems of engineering support meet the requirements of restriction of distribution of the fire and its dangerous factors out of ignition center limits taking into account use of the fire-fighting equipment;
7) fire resistance of buildings and constructions, their building constructions and elements of internal engineering systems meet the requirements of stability of designs for the period of evacuation to the safety area of people, including physically challenged movements, and rescuing of people which timely evacuation was not provided possible, and also economically reasonable to requirements for ensuring safety of buildings and constructions and reducing damage in case of the fire;
8) fire resistance and fire risk of building constructions correspond to fire resistance and constructive fire risk of the building and construction required taking into account its functional purpose, key parameters and characteristics, including characteristics of fire and explosion safety of engineering procedures in factory and store buildings and rooms;
9) evacuation ways and exits from buildings, constructions and their rooms provide possibility of safe evacuation of people in case of the fire during the minimum time before creation of threat and (or) harming their health taking into account the admissible level of impact on people of dangerous factors of the fire;
10) in case of impossibility to provide fully safe evacuation of people on evacuation ways and exits, and also on case of their blocking, the building and construction provide possibility of effective rescuing of people, including by means of use of individual and collective survival equipment, in order to avoid threat of life and (or) harming their health taking into account the admissible level of impact on people of dangerous factors of the fire;
11) buildings and constructions are equipped with systems of detection of the fire, the notification and management of evacuation of people in case of the fire for the purpose of the organization of timely and safe evacuation of people in the conditions of specific object, and also automatic installations of fire extinguishing;
12) electroinstallations of buildings and constructions correspond to characteristics on fire and explosion and fire safety of the circle in which they are established and to provide possibility of prevention of fire and distribution of the fire on them on building constructions and to the neighboring rooms according to Regulations for electrical installation, approved by the order of the Minister of Energy of the Republic of Kazakhstan of March 20, 2015 No. 230 (it is registered in the Register of state registration of regulatory legal acts No. 10851);
13) buildings of fire divisions are placed at available distance, proceeding from condition that arrival time of the first division to the place of challenge does not exceed the standard rates established by the legislation of the Republic of Kazakhstan.
23. At all stages of lifecycle construction object conforms to requirements of the Technical regulation "General Requirements to Fire Safety" approved by the order of the Minister of Emergency Situations of the Republic of Kazakhstan of August 17, 2021 No. 405 (it is registered in the Register of state registration of regulatory legal acts No. 24045) (further – the Technical regulation "General Requirements to Fire Safety") and to Fire safety regulations, approved by the order of the Minister of Emergency Situations of the Republic of Kazakhstan of February 21, 2022 No. 55 (it is registered in the Register of state registration of regulatory legal acts No. 26867).
24. Buildings and constructions are designed and under construction so that during all term of their service in case of accommodation and stay of people in them there was no threat of life and harm to human health owing to impact per capita of physical, chemical, biological and other harmful factors of the internal circle.
25. Buildings and constructions conform to the following requirements:
1) content in air of rooms of residential, public buildings and in the working area of production rooms of the pollutants emitted by the equipment, construction materials or as a result of activity of the person does not exceed admissible levels, safe for health of the person;
2) building constructions of buildings and constructions (except linear objects of transport infrastructure), their internal systems of engineering facilities provide observance in rooms or the served zones of normative requirements to microclimate parameters within admissible values and possibility of ensuring optimum values of these parameters, including temperature, humidity and motion speed of air, and also observance of requirements to temperature of internal surfaces of walls, thermal stabilities of the protecting designs and to heatassimilation of surface of floors;
3) lack of leakages of water to rooms from external surfaces of the protecting designs and non-admission of formation of condensate in the liquid state, in the form of spots or frost on internal surfaces of designs, restriction of its emergence on translucent part of barriers, and also creation of conditions for timely removal of moisture from designs without essential changes of properties of materials is provided;
4) water supply systems and internal systems of water supply system provide opportunity continuous and in the required number of water supply and do not allow the leakages and pollution leading to violation of the established requirements to its safety;
5) systems and networks of the sewerage provide removal of liquid drains without hit them in water supply system, without pollution of the soil and the environment and without allocation to the environment of the gases polluting it;
6) rooms of buildings and constructions depending on their appointment and according to requirements of regulating technical documents in the sphere of architecture, town planning and construction are provided with natural and artificial lighting for activity of people and animals, and also insolation of required duration and solntsezashchity;
7) buildings and constructions take place and protected, and their rooms are equipped taking into account providing shumozashchita for prevention of negative impact of noise on health of the person and his stay in the building or construction according to requirements of regulating technical documents in the sphere of architecture, town planning and construction;
8) the vibration of building constructions of buildings and constructions created by the processing and engineering equipment, underground, land and elevated transport and other possible sources of vibrations, and also level of the ionizing and not ionizing radiation in rooms of the buildings and constructions created by soil, construction materials, power lines and the equipment do not exceed requirements of the established hygienic standard rates;
9) buildings, constructions and the territories adjoining to them are equipped with reservoirs for collection and export of waste;
10) buildings and constructions are placed in the territories taking into account their functional purpose, designed and under construction taking into account ecological standard rates on observance of level of impact on the environment, including pollution of the circle as a result of emergence of various emergencies in the course of their construction, operation and liquidation. At the same time ecological security and observance of sanitary and epidemiologic requirements to especially protected natural and recreational territories, reservoirs and the water protection zones according to the Ecological code of the Republic of Kazakhstan is provided.
26. For ensuring fulfillment of requirements of safety in use (use), buildings and constructions are designed and built taking into account exception of the created threats to people as a result of accidents when using or servicing construction object, including podskalzyvaniye, fall, collision, burns, blows by electric current, injuries as a result of explosions.
According to Articles 11, of 17, 27-2 Laws on architectural, town-planning and construction activities, and also according to the state regulating documents (the construction regulations, sets of rules) approved by authorized body in the sphere of architecture, town planning and construction in design process, examinations, construction and the subsequent operation of object are provided:
safety of movement;
safety of the mechanical and automated vehicles;
observance of standard rates in parameters of width of the door and not filled apertures in walls, ladder marches and platforms, ramps and rotary platforms, corridors, passes between stationary elements of processing equipment of factory buildings and elements of equipment of public buildings to minimize probability of approach of accidents and injuring people (including to persons with disability);
identification of emergency exits and main methods of rescuing for informing being in buildings and constructions of people;
observance of regulations of natural and artificial illumination of ways of movement of people and vehicles;
providing window openings with locks and (or) mechanisms of safety, preventing accidental loss of people;
regulation of engineering and power networks in the set limits;
measures for safety of electroinstallations;
restriction from explosion sources;
safety in emergencies;
protection against unauthorized invasion into buildings and constructions.
27. Buildings are designed and under construction taking into account ensuring their availability to persons with disability, separate categories of citizens (minor, expectant mothers, nursing mothers), their safety and reach of the places of residence, visit and application of effort, and also creation of conditions for easy access to objects of transport infrastructure and equipment with the means of information support allowing to be guided in space with use of oborudovaniye and devices.
28. For safety of buildings and constructions from natural and technogenic emergency situations measures are provided in construction object:
directed to the prevention and (or) reduction of their consequences;
reducing sensitivity of building constructions and the basis;
on improvement of properties of soil of the basis;
on conducting construction works by the methods which are not leading to manifestation new and (or) intensifications of the operating natural hazards and the phenomena.
29. Construction object and its systems of heating, ventilation and conditioning are designed and under construction with providing effective and economical expenditure of energy resources taking into account climatic conditions of the area during the entire period of operation in case of accomplishment of the established requirements to microclimate of rooms and other conditions of accommodation and (or) activities of people.
30. The building or construction is considered as single system which energy consumption is characterized by indicators:
specific expense of energy resources in case of operation;
heat-shielding properties of elements of building constructions and parts of buildings and constructions, pipelines and equipment.
31. Designing and construction of buildings and constructions provides, and in case of their operation provides accounting of consumption of electrical and heat energy.
32. Construction new, and also major repair and reconstruction of buildings and constructions are made taking into account compliance of their energy characteristics to required conditions.
33. Buildings and constructions are designed and under construction in the territories taking into account their functional purpose and with observance of ecological requirements. At the same time ecological security of especially protected natural and recreational territories, reservoirs and the water protection zones according to the water and ecological legislation of the Republic of Kazakhstan is provided.
34. Construction objects are designed, under construction and postutilizirutsya in such a way in case of which use of natural resources is steady, and in particular, guarantees the following:
possibility of repeated application (recycling) of building constructions, their materials and parts after dismantle, except for their uses in seismic countries of the Republic of Kazakhstan;
ensuring compliance to the safety requirements established for the corresponding processes, materials, products and designs;
durability of buildings and constructions.
35. In the territories of settlements infrastructure for removal and utilization of solid household and production waste is created.
36. Application of the construction materials and products having properties which on condition of application to destination and observance of statutory rules of their use, allow to provide compliance of buildings and constructions to the basic requirements specified in Chapter 4 of the Technical regulation is provided in construction.
37. Construction materials and products are released on the market of the Republic of Kazakhstan conforming to requirements of the Technical regulation imposed to them, including requirements to the essential characteristics providing their suitability for application in construction.
38. Safety requirements to characteristics (properties) of construction materials and products, for obligatory confirmation of conformity are determined according to documents by standardization on products.
39. Essential characteristics of construction materials and products, are established in the interconnected documents on standardization included in the list of documents on standardization as a result of which application on voluntary basis regarding the choice observance of requirements of the Technical regulation according to appendix 2 of the Technical regulation is provided.
40. Construction materials and products are applied in designs taking into account exception of allocation by them to rooms of hazardous substances in the quantity creating health hazard of the person and constituting radiation and chemical health hazard of the person.
40-1. Requirements to limit of fire resistance are regulated by the Technical regulation "General Requirements to Fire Safety".
The class of fire risk and limits of fire resistance of construction products (including steel concrete) shall conform to the requirements established in the document on standardization or prototype project solutions on building constructions and products (in case of their absence in documents on standardization).
Natural (fire) testing and (or) settlement and analytical methods for confirmation (determination) of limit of fire resistance are carried out concerning new construction products in case of statement it on production, and also when entering into them of constructive changes.
Concerning the construction products which are not new products, confirmation of limit of fire resistance is allowed to be carried out by settlement and analytical method.
41. Transportation, storage, transportation of construction materials and products is performed in accordance with the terms, specified by the manufacturer in the accompanying documentation, and provides preserving specified in marking or the accompanying documentation of the properties and characteristics influencing safety of construction materials and products and allowing their proper use.
42. The building wastes which are formed in the course of demolition, dismantling, reconstruction, repair or construction of buildings, constructions, industrial facilities, roads, engineering and other communications go for conversion and utilization in the presence of the relevant processing enterprises, and also the territories, dumping or recultivation of which the specified waste is resolved according to town-planning documentation.
In case of impossibility of conversion, use or neutralization of building wastes on absence reason in the settlement of the relevant companies and the territories, their burial on specialized (industrial) grounds according to sanitary and epidemiologic requirements to collection, use, application, neutralization, transportation, storage and waste disposal of production and consumption is provided.
43. Compliance of buildings and constructions to requirements of the Technical regulation is provided if the established its requirements, including by means of application of the interconnected regulating documents developing and concretizing basic requirements of technical regulations are in full fulfilled.
44. Condition of observance of requirements of the Technical regulation is application of the state standard rates in the sphere of architecture of town planning and construction included in the architectural, town-planning and construction catalog according to the Rules of forming and maintaining architectural, town-planning and construction catalogs approved by the order of the Minister of national economy of the Republic of Kazakhstan of November 19, 2015 No. 701 (it is registered in the Register of state registration of regulatory legal acts No. 12423).
45. Compliance of construction materials and products to requirements of the technical regulation is provided by fulfillment of requirements of the interconnected documents on standardization according to appendix 2 of the Technical regulation.
46. Methods of researches (testing) and measurements of quality characteristics of construction materials and products are established in the documents on standardization included in the list of the documents on standardization containing rules and methods of researches (testing) and measurements, including rules of sampling for application and execution of requirements of the Technical regulation and implementation of assessment (confirmation) of compliance of products according to appendix 3 of the Technical regulation.
47. Non-use of the interconnected documents on standardization specified in Item 45 of this Technical regulation is not considered as non-compliance with requirements of the Technical regulation.
In case of non-use of documents on standardization as a result of which application on voluntary basis observance of requirements of this Technical regulation is provided assessment of conformity is performed on the basis of risk analysis.
Application of the international, regional documents on standardization and documents on standardization of foreign states according to Item 1 of article 27 of the Law of the Republic of Kazakhstan "About standardization" is allowed.
48. For building designing and constructions on which designing there are no construction regulations and sets of rules or in case requirements of these normative and technical documents are insufficient, alternative decisions according to parametrical method of construction regulation are used.
49. Assessment of conformity of buildings and constructions, and also the related processes of engineering researches, designings, constructions, installation, adjustment, operation and post-utilization of objects, to requirements of the Technical regulation is obligatory.
Assessment is carried out by comparison of the valid parameters and characteristics of construction object, processes and the applied materials and products directly with requirements of the Technical regulation provided in paragraph 1 of this Chapter of the Technical regulation and also at the corresponding stages – with the values of these parameters and characteristics established in the project documentation.
50. Assessment of conformity of buildings and constructions is performed taking into account observance of requirements to the processes connected with buildings and constructions is consecutive at each stage of creation, operation and post-utilization of construction object in the following forms:
coordination of the sketch (outline sketch) by local executive body on construction;
complex non-departmental examination of project (project and estimate) documentation on construction new, and also change (reconstruction, expansion, modernization, upgrade and major repair) of the existing buildings and constructions, their complexes, engineering and transport communications on which conducting examination of the project documentation is provided;
approval of the project documentation by the customer (builder) for application in construction;
own production supervision (entrance, operational, acceptance, laboratory, geodetic) the contractor of the applied documentation, materials, products and the installation and construction works which are carried out by it;
designer's and technical service of construction;
confirmation by the contractor to the customer (builder) of compliance of the performed installation and construction works, the requirements of standard rates applied during the designing and construction, and the approved project documentation by means of submission of the declaration of conformity;
confirmation by designer's and technical service to the customer (builder) of compliance of the performed works to the project and qualities of installation and construction works by means of submission of the corresponding conclusions;
acceptance of object by the customer (builder) and approval of the acceptance act of object in operation;
technical supervision of condition of object and (or) its parts in use;
decision of local executive body on construction (expansion, modernization, upgrade, reconstruction, re-planning, re-equipment, reshaping, restoration and major repair) structures, buildings, constructions, engineering and transport communications;
the decision of local executive body on carrying out complex of works on post-utilization of object (demolition of structure);
control and supervision of work on post-utilization of object (demolition of structure).
51. Depending on stage of lifecycle and class of reliability of construction object the list of the materials which are used as proofs for the purpose of confirmation of conformity joins the following documents:
1) sketch (outline sketch);
2) project documentation (drawings, tables, calculations, explanations);
3) expert opinions;
4) executive technical documentation (results of testing and measurements, magazines of works, certificates on the applied construction materials, products and designs, acts of survey of the hidden works, acts of intermediate acceptance of responsible designs, acts of commissioning);
5) conclusions of designer's and technical service;
6) declaration of conformity of the contractor;
7) the acceptance act of object in operation;
8) technical data sheet, the operational passport, the technical journal on operation of buildings and constructions;
9) registration and allowing documentation.
52. Assessment of conformity of construction materials and products to requirements of the Technical regulation is obligatory and is made by comparison of the valid values of essential product characteristics received as a result of control to requirements of the Technical regulation, including on procedures of compliance and the applied interconnected documents for standardization specified in Chapter 6 of the Technical regulation.
53. Assessment of conformity of construction materials and products to requirements of the Technical regulation is carried out in forms of obligatory confirmation of conformity (certification and declaring of compliance).
Confirmation of conformity is carried out by accredited bodies on confirmation of conformity (further – OPS) on terms of the contract with the applicant.
The list of the construction materials and products which are subject to obligatory confirmation of conformity in the form of obligatory certification to essential safety requirements of the Technical regulation is given in appendix 4 of the Technical regulation.
The construction materials and products which are subject to obligatory confirmation of conformity in the declaration form of compliance are given in appendix 5 of the Technical regulation.
In case of absence in appendix 2 of the Technical regulation of documents on standardization as a result of which application on voluntary basis observance of requirements of the technical regulation is provided confirmation of conformity of products is performed on the basis of risk analysis.
54. Confirmation of conformity of construction materials and products is carried out according to Rules of assessment of conformity, approved by the order of the acting minister of trade and integration of the Republic of Kazakhstan of June 29, 2021 No. 433-HK (it is registered in the Register of state registration of regulatory legal acts No. 23364) (further – Rules of assessment of conformity).
The list of types of safety of products obligatory in case of assessment of conformity for requirements of this Technical regulation, is given in appendix 7 to this Technical regulation.
55. Declaring of compliance is performed:
1) adoption of the declaration of conformity based on own proofs;
2) adoption of the declaration of conformity based on the proofs received with the assistance of OPS of quality management system and (or) accredited laboratory, and (or) OPS.
56. Schemes of declaring of compliance of construction materials and products are given in appendix 6 of the Technical regulation.
The choice of the scheme of declaring is determined by the applicant together with OPS.
57. The set of the documents which are the basis for adoption of the declaration of conformity includes:
1) for products of serial production:
the copy of technical documentation (project, and (or) design, and (or) technological, and (or) operational documentation) containing key parameters and product characteristics, and also its description for the purpose of assessment of conformity of products to requirements of the technical regulation;
the list of documents on standardization or other regulating documents in the field of standardization according to which products are made;
the copy of the document (documents) according to which products (the document on standardization of the organization, specifications or other document) are made (in the presence);
the contract with the manufacturer (including with the foreign manufacturer) providing compliance to products delivered to the Republic of Kazakhstan to requirements of the technical regulation and responsibility for discrepancy of such products to the specified requirements (for person authorized by the manufacturer) (in the cases provided by the scheme of declaring of compliance);
certificate of conformity of system of management (in the presence);
certificates of conformity on components (in the presence);
protocols of researches (testing) and measurements of samples (tests) of products;
other documents at the choice of the applicant which formed the basis for adoption of the declaration of conformity (in the presence);
2) for lot of products or single product:
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