LAW OF THE AZERBAIJAN REPUBLIC

of November 2, 1999 No. 733-IQ

About technical safety

This Law establishes legal, economic and social basis of safe operation of potentially dangerous objects, regulates activities operating the specified objects of legal entities and physical persons, directed to prevention of accidents, possible on these objects, and elimination of effects of the happened accidents.

Provisions of this Law extend on all legal entities and physical person irrespective of the legal form and pattern of ownership which are engaged in operation of potentially dangerous objects in the territory of the Azerbaijan Republic (except for the Alyatsky free economic zone).

Article 1. Basic concepts

The basic concepts used in this Law express the following values:

technical safety of objects (further - technical safety) - condition of protection of the vital interests of citizens and society from accidents which can happen on potentially dangerous objects;

test authority - control of observance of requirements of the normative and technical documents establishing procedure for work on production facilities and the special permission issued for activities on potentially dangerous objects;

accident - destruction of the structures or technical constructions used on potentially dangerous objects, uncontrollable explosion or distribution of dangerous substances in the environment;

incident - stop or defect of the technical constructions applied on potentially dangerous objects, exit out of limits of process of the technological mode, and also violation of requirements of the normative and technical documents establishing rules of conducting works on production facility;

safe engineering - complex of devices of automatic control and regulation, protective constructions, watch facilities, notifications, communication and other technical measures ensuring safety;

the certificate of conformity - the official certificate establishing compliance of the equipment, machines and mechanisms to the requirements established by the corresponding standard, the technical regulation and other regulatory legal act.

Article 2. Potentially dangerous objects

1. Constituting danger to the population and the environment (the subjects to production, supplying, transport and social assignment specified in appendix 1) which are engaged in obtaining, production, conversion, transportation, use and liquidation of sources of explosion and ignition, radioactivity and ionizing radiation, toxic agents are considered as potentially dangerous objects.

2. The list of potentially dangerous objects affirms relevant organ of the executive authority.

3. Potentially dangerous objects according to the procedure, established by relevant organ of the executive authority, are registered by the state register.

4. Activities of potentially dangerous objects in the territory of application of emergency state during the term of its action can be fully or partially suspended in the procedure established by the legislation.

Article 3. Requirements of technical safety

1. Requirements of technical safety consist of conditions, prohibitions, restrictions and others obligatory for fulfillment of requirements, established by this Law, other regulatory legal acts of the Azerbaijan Republic, and also normative and technical documents accepted in the operating procedure and ensuring technical safety.

2. Requirements of technical safety shall conform to state standards, industrial safety rules, and also regulations of ecological and fire safety, environmental protection, protection of the population and the territory from emergencies, to industrial and construction, sanitary and epidemiologic regulations.

Article 4. Legislation on technical safety

1. The legislation on technical safety consists of the Constitution of the Azerbaijan Republic, this Law and other regulatory legal acts.

2. If the regulations of the relations of technical safety established by the interstate agreements supported by the Azerbaijan Republic differ from the rules provided by this Law rules of international treaties are applied.

3. The relations in the field of technical safety in the Alyatsky free economic zone, are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 5. State regulation in the field of technical safety

State regulation in the field of technical safety performs relevant organ of the executive authority according to the legislation.

Article 6. Issue of special permission to types of activity in the field of technical safety

The procedure for issue of special permission to types of activity in the field of technical safety is established according to the legislation of the Azerbaijan Republic.

Article 7. The technical constructions and the equipment used on potentially dangerous object

1. The technical constructions, machines and mechanisms made and used on potentially dangerous objects will be certified from the point of view of conformance to requirements, the established corresponding standard, the technical regulation and other regulatory legal act according to the procedure, established by the legislation of the Azerbaijan Republic. The list of the certified technical constructions used on potentially dangerous objects affirms relevant organ of the executive authority.

2. Certification of the technical constructions used on potentially dangerous objects is conducted by the accredited structure on assessment of conformity of relevant organ of the executive authority or accredited structures on assessment of conformity. Accreditation of these structures on assessment of conformity is performed according to the procedure, established by the Law of the Azerbaijan Republic "About accreditation in the field of assessment of conformity

3. Rules of issue of the certificate are established according to the legislation relevant organ of the executive authority.

4. General rules and conditions of use of the equipment and technical constructions on production and on potentially dangerous objects are established by relevant organ of the executive authority.

5. The equipments and technical constructions used on potentially dangerous objects in accordance with the established procedure pass in use the examination of technical safety.

Article 8. Requirements of technical safety to designing, construction and acceptance in operation of potentially dangerous objects

1. One of compulsory provisions of decision making about the beginning of construction, expansion, reconstruction, technical updating, preservation and liquidation of potentially dangerous object is availability of positive experimental testimony about technical safety according to project documents.

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