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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of May 22, 2015 No. 533

About approval of "Procedure for suspension of construction works"

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, according to article 92.10 of the Town-planning and construction code of the Azerbaijan Republic I decide:

1. Approve "Procedure for suspension of construction works".

2. To the Cabinet of Ministers of the Azerbaijan Republic:

2.1. to prepare and provide to three-months time to the President of the Azerbaijan Republic the offers connected with reduction of acts of the President of the Azerbaijan Republic in compliance with this Decree;

2.2. in three-months time to provide reduction of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic in compliance with this Decree and to inform the President of the Azerbaijan Republic;

2.3. check reduction of regulatory legal acts of the central executive bodies in compliance with this Decree and in five-months time to inform the President of the Azerbaijan Republic on execution;

2.4. in case of detection during construction works of historical and cultural monuments to prepare and provide to three-months time to the President of the Azerbaijan Republic the offers connected with terms of carrying out the corresponding researches and other actions provided by the Law of the Azerbaijan Republic "About protection of monuments of history and culture";

2.5. resolve other issues following from this Decree.

3. To provide to the Ministry of Justice of the Azerbaijan Republic reduction of regulatory legal acts of the central executive bodies and acts of normative nature in compliance with this Decree and to inform the Cabinet of Ministers of the Azerbaijan Republic.

President of the Azerbaijan Republic

Ilham Aliyev

 

Approved by the Presidential decree of the Azerbaijan Republic of May 22, 2015, No. 533

Procedure for suspension of construction works

1. General provisions

1.1. This Procedure is prepared according to article 92.10 of the Town-planning and construction code of the Azerbaijan Republic (dalee-Kodeks) and regulate the procedures and mechanisms connected with timely prevention and elimination of violations during construction works, works on major repair, reconstruction and recovery work which are carried out in the territory of the Azerbaijan Republic (further - construction works), and suspension of construction works in the cases provided by the Code and also establishes powers of the Ministry of Emergency Situations of the Azerbaijan Republic (further - the Ministry) in this sphere.

1.2. The main objective of this Procedure consists in ensuring compliance during construction works from the customer and the contractor of the legislation, requirements of regulating documents (further - regulating documents) on town planning and construction, in implementation of the relevant activities for timely prevention and elimination of violations which can create potential hazard for life, health and property of people.

1.3. This Procedure extends to all construction objects located in the territory of the Azerbaijan Republic irrespective of pattern of ownership. This Procedure does not extend to construction objects on which construction according to article 79 of the Code permission is not required.

1.4. According to this Procedure, the Ministry performs the powers by means of the State agency on supervision of safety in construction under the Ministry (further - the agency) and the Main state building control department on construction supervision (further - Inspectorate).

1.5. "According to article 10 of the Law of the Azerbaijan Republic "About approval, entry into force of the Town-planning and construction code of the Azerbaijan Republic and the legal regulation connected with it" of June 29, 2012 No. 392-IVQ, provisions of this Procedure extend also to objects of the construction in progress begun to the introduction of the Code in force.

2. Procedure for elimination of the revealed violations without suspension of construction works

2.1. According to Article 92.1. The code, in case of identification in construction works of the following violations the relevant statement with the separate description of each violation is drawn up and without suspension of construction works represents to the customer (contractor) written specifying, obligatory to execution, (dalee-Ukazaniye):

2.1.1. if works do not correspond to permission, and in cases of application of notifying production architectural planning to the Section of the project;

2.1.2. in case of identification of massive faults which can affect safety and reliability of object which can be eliminated without suspension of other construction works;

2.1.3. in case of application of the construction materials or products which do not have the certificate of conformity contrary to requirements of the legislation for town planning and construction;

2.1.4. in case of attraction to the construction, mechanized and transport works of persons which are not certified and without the corresponding professional training by the professions provided in article 51 of the Code.

2.2. In case of detection during the course of performance of construction works of any violations specified in Item 2.1 of this Procedure, the territorial representative of Inspectorate constitutes with respect thereto concerning construction object the technical inspection report in duplicate. In the technical inspection report it is specified:

2.2.1. name, surname, middle name of person who is drawing up the technical inspection report;

2.2.2. address and purpose of construction object;

2.2.3. name, surname, middle name of the customer, designer and contractor (in the presence) construction object concerning which the technical inspection report is drawn up and if it is legal person - its the complete name;

2.2.4. date and time of creation of the technical inspection report;

2.2.5. information on the allowing document (if it is required);

2.2.6. information on the corresponding licenses;

2.2.7. details of the expert opinion on the construction project (in cases when examination is required);

2.2.8. information on amount of the carried-out building and construction works;

2.2.9. information on current status of object;

2.2.10. the separate description of each of the violations revealed on construction object.

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