ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

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.

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of June 9, 2023, No. 435

Technical regulation "About Safety of Buildings and Constructions, Construction Materials and Products"

Chapter 1. Scope

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.

Chapter 2. Terms and determinations

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) 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;

5) 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;

6) construction product – the construction products made by industrial method and intended for application as element of building construction or other construction product;

7) building construction – the permanent element of construction object made of construction materials and/or products;

8) 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;

9) construction material – construction products of natural origin or made by industrial method, intended for production of construction products and/or designs;

10) construction object – the building, construction or other immovable object of the artificial circle which is resulting effect of construction activities;

11) lifecycle of construction object – the consecutive and interconnected stages of existence of construction object, including its creation, operation and completion of existence;

12) 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;

13) 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;

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