ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 5, 2012 No. 455

About the mode of constant state surveillance on hazardous production facilities and hydraulic engineering constructions

According to the Federal Laws "About Industrial Safety of Hazardous Production Facilities", "About Safety of Hydraulic Engineering Constructions", "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" Government of the Russian Federation decides:

1. Introduce regime of constant state surveillance on hazardous production facilities and hydraulic engineering constructions since July 1, 2012.

2. Approve the enclosed Regulations on the mode of constant state surveillance on hazardous production facilities and hydraulic engineering constructions.

3. To Federal Service for Environmental, Technological and Nuclear Supervision:

together with the Ministry of Economic Development of the Russian Federation in November, 2012 to prepare and provide to the Government of the Russian Federation the federal law draft about introduction of amendments to the federal laws "About Industrial Safety of Hazardous Production Facilities", "About Safety of Hydraulic Engineering Constructions", "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" regarding investment of the Government of the Russian Federation with power according to the list of categories of hazardous production facilities and classes of the hydraulic engineering constructions which are on the property right or other legitimate right at legal entities and individual entrepreneurs concerning whom the mode of constant state surveillance is set;

in a month to develop and approve rules of forming and conducting supervising case in the relation of hazardous production facilities and hydraulic engineering constructions on which the mode of constant state surveillance is set.

4. Determine that realization of the powers provided by the Provision approved by this resolution is performed by Federal Service for Environmental, Technological and Nuclear Supervision within the limiting Russian Federation established by the Government of the number of employees of its central office and territorial authorities, and also budgetary appropriations provided to Service in the federal budget on management and management in the field of the established functions.

Approved by the order of the Government of the Russian Federation of May 5, 2012 No. 455

Regulations on the mode of constant state surveillance on hazardous production facilities and hydraulic engineering constructions

1. This Provision establishes procedure of constant state surveillance on separate hazardous production facilities and hydraulic engineering constructions (further - objects of the increased danger) when carrying out according to federal state supervision in the field of industrial safety and federal state supervision in the field of safety of hydraulic engineering constructions (daleepostoyanny state supervision).

2. Constant state surveillance is exercised by Federal Service for Environmental, Technological and Nuclear Supervision and its territorial authorities (further supervision bodies).

3. Provisions of the Federal Laws "About Protection of the Rights of Legal Entities and Individual Entrepreneurs When Implementing the State Control (Supervision) and Municipal Control", "About Safety of Hydraulic Engineering Constructions" and "About Industrial Safety of Hazardous Production Facilities" are applied to the relations connected with implementation of constant state surveillance.

4. The mode of constant state surveillance provides holding by authorized officers of supervision body of actions for control of observance by the legal entity or the individual entrepreneur operating object of the increased danger (further - the organization owning object of the increased danger), mandatory requirements in case of operation of object of the increased danger, conducting engineering procedures and works on this object, including when servicing, running repair, diagnostics, testing, survey of the constructions, technical devices, means and the equipment applied on object of the increased danger, implementation of works on capital repairs, preservation and liquidation of object of the increased danger and also accomplishment of actions for ensuring industrial safety, safety of hydraulic engineering constructions.

5. Constant state surveillance is reached by means of systematic (according to the schedule) and free implementation by authorized officers of supervision body of the following events on control:

a) bypass and survey of buildings, constructions, rooms of object of the increased danger, the territory or parts of the territory of object of the increased danger, its workshops, sites, platforms, technical devices, means and the equipment;

b) check of operability of devices and control systems of safety on object of the increased danger;

c) check of suitability to use of watch systems, notifications, communications and supports of actions in case of accident;

d) check of ensuring protection and the check mode on object of the increased danger (except for objects which safety is performed according to the Federal Law "About Safety of Objects of Fuel and Energy Complex");

e) consideration of organizational and administrative, technical, allowing, accounting and other documentation which availability on object of the increased danger is provided by mandatory requirements of industrial safety, safety of hydraulic engineering constructions, technical regulation, the analysis and assessment of its compliance to the specified requirements;

e) consideration and the analysis of the represented data (reports) on results of production control over observance of requirements of industrial safety, technical regulation, on results of control (monitoring) of indicators of condition of the hydraulic engineering construction;

g) consideration and the analysis of the data confirming observance by the organization owning object of the increased danger, mandatory requirements of industrial safety, safety of hydraulic engineering constructions, technical regulation;

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