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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of November 17, 2014 No. 348

About approval of Rules of examination of construction projects

(as amended of the Presidential decree of the Azerbaijan Republic of 07.11.2016 No. 1096)

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, according to article 90.4 of the Town-planning and construction Code of the Azerbaijan Republic, I decide:

1. Approve "Rules of examination of construction projects".

2. Charge to the Cabinet of Ministers of the Azerbaijan Republic to approve in three-months time the list of difficult technical objects, complexes and other similar construction objects, in coordination with the President of the Azerbaijan Republic.

President of the Azerbaijan Republic

Ilham Aliyev

Approved by the Presidential decree of the Azerbaijan Republic of November 17, 2014 No. 348

Rules of examination of construction projects

1. General provisions

1.1. These rules are constituted according to article 90.4 of the Town-planning and construction code of the Azerbaijan Republic (further - the code) and determine the mechanism of examination of the construction project from the Head Department of the State Non-departmental Examination (further - expert organization) functioning under the State control Agency over safety on construction of the Ministry of Emergency Situations of the Azerbaijan Republic (further - the agency) constituted based on requirements of regulating documents for town planning and construction in connection with construction of the corresponding object (major repair, reconstruction, recovery or demolition).

1.2. The purpose of conducting examination of construction projects is check of compliance of project data with requirements of regulating documents for town planning and construction from the point of view of reliability and safety, estimation of effective use of the funds allocated for the objects financed by public funds.

2. The construction objects requiring conducting examination

2.1. Based on article 88.1 of the code, except for construction projects of objects, stipulated in Item 3.1 these rules, stated below construction projects are subject to obligatory examination regardless of pattern of ownership and assignment:

2.1.1. construction projects of the objects requiring receipt of construction permit - from the point of view of check of compliance with requirements of regulating documents for town planning and construction, and also requirements of fire safety;

2.1.2. project and estimate documents of the objects financed by public funds - from the point of view of estimation of effective use of the funds allocated for these objects in addition to circumstances, stipulated in Item 2.1.1.

2.2. Except for objects, stipulated in Item 3.1 these rules, the Section of the organization of construction works (demolition) of the construction projects constituted in connection with demolition of difficult technical or potentially dangerous objects, complexes and other similar constructions is subject to examination.

2.3. In case of entering into the construction projects of the constructive and influencing firmness changes which passed the examination, these projects are subject to repeated examination according to the procedure, stipulated in Item 2.1. these rules.

2.4. Also according to requirements of these rules, expertize of the construction objects specified in Item 2.1 is carried out. these rules, at desire or the independent address of the customer.

2.5. In the cases provided by the laws of the Azerbaijan Republic, acts of the President of the Azerbaijan Republic, regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic, international agreements which party is the Azerbaijan Republic and also at the initiative of the customer expertize of the Technical and Economic Calculations (TEC), the feasibility statements (FS) and tender projects is carried out.

3. The construction projects which are not requiring conducting examination

3.1. Do not require conducting examination the following construction projects:

3.1.1. projects of one-storey buildings with flight no more than 6 meters which are not intended for accommodation and accumulation of people and also for implementation of productive activity;

3.1.2. projects of one-storey construction objects, with the maximum area of 1000 m 2, with height and the flights no more than 6 meters long, not requiring allocations of sanitary conservation zones or construction of which it is provided on condition of use of the available sanitary conservation zones;

3.1.3. construction projects concerning entering into the available construction objects and (or) their parts of the changes which are not influencing the constructive and other indicators of safety and which are not exceeding the permitted construction parameters;

3.1.4. projects concerning part are higher than zero level of construction objects (soil, weather conditions, seismic division into districts, etc.) which construction is provided in the zones corresponding to the conditions provided in the passed the examination, reusable or same projects, and also concerning introduction which are not influencing constructive and other indicators of safety;

3.1.5. construction projects which construction does not require receipt of permission according to articles 79-80 of the code and to which notifying production is applied.

3.2. In case of any doubts in connection with the projects provided by Items 3.1.3 and 3.1.4 of these rules, the local executive body makes in expert organization inquiry concerning clearing of the circumstances raising doubts. It is necessary to attach the construction project of object to request.

3.3. Within 10 days from the moment of receipt of the request specified in Item 3.2 of these rules, the expert organization shall send to local executive body the motivated answer concerning compliance of circumstances which explanation is required based on request with the town-planning and construction legislation, need of conducting examination of the provided project or lack of such need.

4. Structure of the documents submitted to expert organization and rules of examination of construction projects

4.1. After ensuring completeness of the documents submitted by the customer within construction permit according to article 75.2 of the code, local executive body sends construction projects to expert organization for its carrying out.

4.2. It is necessary to attach stated below documents to the construction project represented for conducting examination:

4.2.1. copy of special permission (license) of the designer;

4.2.2. explanatory note (detailed information on object);

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