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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 3, 2015 No. 27

About approval of Rules of check of construction materials and products on compliance to standards

For the purpose of execution of subitem 1.6.10 of the Presidential decree of the Azerbaijan Republic of September 4, 2012 "About application of the Law of the Azerbaijan Republic "About approval of the Town-planning and construction code of the Azerbaijan Republic, its introduction in force and the legal regulation connected with it" of June 29, 2012 No. 392-IVQ" the Cabinet of Ministers of the Azerbaijan Republic decides No. 695:

Approve "Rules of check of construction materials and products on compliance to standards" (are applied).

Approved by the Resolution of the Cabinet of Ministers the Azerbaijanian of the Republic of February 3, 2015 No. 27

Rules of check of construction materials and products on compliance to standards

1. General provisions

1.1. These rules are prepared according to article 55.1 of the Town-planning and construction code of the Azerbaijan Republic and establish rules of check (further - check) on compliance to standards of construction materials and products when carrying out the state supervision over construction.

1.2. The purpose of checks consists in ensuring compliance of quality of construction materials and products to the requirements provided by standards for protection of the rights and consumer interests, the state and business entities.

1.3. Requirements imposed to quality and safety of construction materials and products are regulated by the legislation, the corresponding standards of the international organizations or foreign states existing (recognized) in the territory of the Azerbaijan Republic.

1.4. It is performed according to the Town-planning and construction code of the Azerbaijan Republic, with these rules, and also taking into account requirements of article 2.2 of the Law of the Azerbaijan Republic "On regulation of the inspections which are carried out in the field of entrepreneurship and protection of interests of entrepreneurs".

2. Rules of implementation of check

2.1. Check on compliance to standards of samples of construction materials and products within the state supervision over construction is performed:

2.1.1. in case of lack of the certificate of conformity to standards of construction materials and products according to article 54.2 of the Town-planning and construction code of the Azerbaijan Republic;

2.1.2. in case of motivated suspicions of reliability of certification and compliance of construction materials and products to safety requirements according to article 54.4 of the Town-planning and construction code of the Azerbaijan Republic, based on the requirement of the Ministry of Emergency Situations.

2.2. The decision on check is made by the head of inspection body or replacement his face.

2.3. The decision on check shall be motivated, constituted in writing and reflect the following:

2.3.1. number, date and time of decision making;

2.3.2. position, surname, name and middle name checking, authorized to take trial samples of construction materials and products (further - trial samples);

2.3.3. the name and the address of the customer at which trial samples will be checked;

2.3.4. the name of construction materials and products which will be checked;

2.3.5. the data allowing to determine precisely construction material or product which will be checked (the producer, model, date of production, batch and so forth);

2.3.6. quantity of the trial samples which are subject to capture;

2.3.7. parameters in which compliance of the taken trial samples will be checked;

2.3.8. the name of laboratory or other organization which will perform;

2.3.9. seal of inspection body, signature, surname, name and middle name of the head of inspection body or replacement his face.

2.4. It is performed with direct participation of the customer or the technical controller appointed by it.

2.5. Trial samples undertake checking with the assistance of the customer or the technical controller appointed by him and are drawn up by the act of capture of trial samples.

2.6. In the act of capture of trial samples the following is specified:

2.6.1. date of creation of the act and exact date of capture of trial samples;

2.6.2. number, date and time of adoption of the decision specified in Item 2.3 of these rules on which capture of trial samples is based;

2.6.3. the name and the address to which there is customer from whom trial samples are taken;

2.6.4. position, surname, name and middle name checking which takes trial samples;

2.6.5. surname, name and middle name of the customer who is present at capture of trial samples, or the technical controller appointed by it;

2.6.6. the name of construction material and product from which sample is taken;

2.6.7. the data allowing to determine construction materials and products from which samples are taken with accuracy (the producer, model, date of production, batch and so forth);

2.6.8. quantity of the taken trial samples;

2.6.9. the description of parameters in which the taken trial samples will be compared;

2.6.10. explanations, claims or objections (in the presence) the customer or the technical controller appointed by it;

2.6.11. the signature checking, taken trial samples;

2.6.12. the signature of the customer who was present at capture of trial samples, or the technical controller appointed by it.

3. Registration of results of check

3.1. Check of the taken samples of construction materials and products on compliance to standards is performed in accredited laboratory under the company performing certification of construction materials and products or in test laboratories (further - laboratory). By results of check the protocol is drawn up.

3.2. In the protocol by results of check the following is reflected:

3.2.1. number, date and exact time of creation of the protocol;

3.2.2. date and exact time of delivery of trial samples;

3.2.3. information on the applied check methods;

3.2.4. the satisfactory level of the researched indicators (parameters) established by normative requirements;

3.2.5. the level of the researched indicators (parameters) received as a result of studying (testing);

3.2.6. error (probable accuracy) in the received results.

3.3. After check completion the laboratory performing check no later than the next working day sends the protocol by results of check to the inspection body which made the decision on check, mail confirming obtaining.