ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 7, 2009 No. 304

About approval of Rules of assessment of conformity of subjects to protection (products) to the established requirements of fire safety by independent assessment of fire risk

According to article 144 of the Federal law "The Technical Regulation about Requirements of Fire Safety" Government of the Russian Federation decides:

1. Approve the enclosed Rules of assessment of conformity of subjects to protection (products) to the established requirements of fire safety by independent assessment of fire risk.

2. This resolution becomes effective since May 1, 2009.

Approved by the Order of the Government of the Russian Federation of April 7, 2009 No. 304

Rules of assessment of conformity of subjects to protection (products) to the established requirements of fire safety by independent assessment of fire risk

1. These rules establish evaluation procedure of compliance of subjects to protection (products) (further - subject to protection) to requirements of fire safety and the check of observance by the organizations and citizens of fire prevention regime which are carried out by the expert who is not interested in results of such estimates or checks in the field of assessment of fire risk (further - observance of fire prevention regime).

2. Independent assessment of fire risk (audit of fire safety) is carried out by the expert in the field of assessment of fire risk based on the agreement signed between the owner or other legal owner of subject to protection (further - the owner) and the legal entity performing activities in the field of assessment of fire risk (further - the expert organization).

2(1). The expert organization has in the staff of the expert (experts) in the field of assessment of fire risk for which the expert organization is principle place of employment, and carrying out independent assessment of fire risk (audit of fire safety) is one of the core activities of the expert organization provided by its constituent documents.

3. The expert organization cannot carry out independent assessment of fire risk concerning subject to protection:

a) on which this organization performed other works and (or) services in the field of fire safety;

b) which belongs to it on the property right or other legal cause.

4. Independent assessment of fire risk includes the following:

a) the analysis of the documents characterizing fire risk of subject to protection;

b) inspection of subject to protection for receipt of the objective information about condition of fire safety of subject to protection and observance of fire prevention regime, detection of possibility and development of the fire and impact on people and material values of dangerous factors of the fire, and also for determination of availability of conditions of compliance of subject to protection to requirements of fire safety;

c) in the cases established by regulating documents on fire safety - carrying out necessary researches, testing, calculations and examinations, and in the cases established by the Federal Law "The Technical Regulation about Requirements of Fire Safety", calculations for assessment of fire risk;

d) preparation of conclusion about fulfillment of requirements of fire safety and observance of fire prevention regime or in case of their failure to carry out and (or) non-compliance development of measures for ensuring accomplishment of conditions under which subject to protection will conform to requirements of fire safety, and (or) preparation of the list of requirements of fire safety in case of which accomplishment observance of fire prevention regime on subject to protection is provided.

5. Results of carrying out independent assessment of fire risk are drawn up in the form of the conclusion about independent assessment of the fire risk (further - the conclusion) directed (handed) to the owner on paper or in electronic form, signed by the strengthened qualified digital signature.

The conclusion created in electronic form goes to the owner to the e-mail address specified in the agreement, or otherwise according to the procedure established by the agreement confirming the fact of the direction of the conclusion.

6. In the conclusion are specified:

a) name and address of the expert organization;

b) date and agreement number according to which independent assessment of fire risk is carried out;

c) details of the owner;

d) the description of subject to protection concerning which independent assessment of fire risk was carried out;

e) surname, name and middle name of the expert (experts) in the field of assessment of the fire risk participating in carrying out independent assessment of fire risk, details of the qualification certificate of the official certified on implementation of activities in the field of assessment of fire risk issued to this expert (experts);

e) results of carrying out independent assessment of fire risk, including results of performance of works, provided by subitems "an" - "in" item 4 of these rules;

g) conclusion about fulfillment of requirements of fire safety and observance of fire prevention regime or in case of their failure to carry out and (or) non-compliance with the recommendation of taking measures and (or) fulfillment of requirements provided by the subitem "g" of item 4 of these rules.

7. The conclusion is signed by the expert (experts) who was carrying out independent assessment of fire risk, affirms the head of the expert organization and is sealed the expert organization.

The conclusion created in electronic form is signed by the strengthened qualified digital signature of the head of the expert organization.

8. Within 5 working days after approval of the conclusion the expert organization sends the copy of the conclusion to structural division of territorial authority of the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response within which scope of maintaining questions of the organization and implementation of the state fire supervision, or in territorial department (department, inspectorate) of this structural division, or within structural division of special or military division of Federal fire service within which scope of maintaining questions of the organization and implementation of the state fire supervision created for the purpose of the organization of prevention and suppression of the fires in the closed administrative-territorial educations, especially important and regime organizations fall fall.

If the conclusion is created on paper, the copy of such conclusion goes at the request of the applicant in electronic form with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)", official site of the authorized expert organization on the Internet (if technically possible) or otherwise in accordance with the legislation of the Russian Federation, confirming the fact of the direction of the conclusion.

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