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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 12, 2017 No. 257

About approval of the Procedure for carrying out inspection of the construction objects accepted in operation

(as amended on 05-04-2022)

According to part two of article 39-2 of the Law of Ukraine "On regulation of town-planning activities" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for carrying out inspection of the construction objects accepted in operation which is applied.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 12, 2017, No. 257

Procedure for carrying out inspection of the construction objects accepted in operation

1. This Procedure determines the mechanism of carrying out inspection accepted in operation in the procedure for construction objects established by the legislation (further - objects) for the purpose of assessment of their compliance to the main requirements to the buildings and constructions determined by the Law of Ukraine "About construction regulations" and acceptance of reasonable measures to ensuring reliability and safety during operation of objects during the entire period of their existence.

This Procedure is applied during inspection damaged as a result of emergency situations, military operations or acts of terrorism of objects (further - the damaged objects) for the purpose of decision making about possibility of further operation and development of actions for recovery.

Action of this Procedure does not extend to objects which are inspected with other purpose, including for judicial construction technical expertize, implementation of actions of the state supervision (control), carrying out research inspections by the research organizations for receipt of scientific data, and also on inspection of objects of defense and special purpose and objects on which operation of the Law of Ukraine "On use of nuclear energy and radiation safety" expatiates.

2. Examination of objects is conducted according to the decision of the owner or site manager, and examination of the damaged objects can be conducted according to the decision of authorized bodies - executive bodies of the relevant village, settlement, city councils or in cases, stipulated by the legislation, by military authorities.

Inspection of objects and the damaged objects is carried out according to this Procedure and the technique approved by the Ministry of Regional Development which determines features of accomplishment of the specified works.

In case of carrying out inspection according to the decision of authorized body, executive bodies of the relevant village, settlement, city councils or in cases, stipulated by the legislation, military authorities (further - authorized body) it in writing notifies on such decision of the owner or site manager within three calendar days.

Carrying out inspection of object or the damaged object is provided with the owner or managing, authorized body by involvement of the specialists having the corresponding qualification namely: executives in charge of separate work types (services) connected with creation of objects of architecture who passed professional certification and the effects (responsibility) having the qualification certificate on the right of performance of works on inspection in construction of facilities of class determined by qualification requirements (further - contractors) or by involvement of the companies, organizations and organizations as a part of which there are such contractors.

Information on contractors who can be involved in carrying out inspection of objects with the corresponding class of effects (responsibility) contains in the Register of construction activities which is component of Single state electronic system in the field of construction (further - the Register of construction activities).

2-1. In the conditions of action in the territory of Ukraine of legal regime of warlike situation according to the Law of Ukraine "About legal regime of warlike situation" and within 90 calendar days after the termination or cancellation of warlike situation examination of the damaged objects is conducted by the contractors specified in Item 2 this provision and/or specialists of other professions which passed professional certification, namely:

the design engineer with the qualification level "leader" or "I category" which has the qualification certificate on specialization "construction designing regarding ensuring mechanical resistance and firmness";

the expert construction with the qualification level "leader" or "I category" which has the qualification certificate on specialization "examination of the project documentation regarding ensuring mechanical resistance and firmness";

the consulting engineer (construction) with the qualification level "leader" or "I category".

Also examination of the damaged objects can be conducted by involvement of the companies, organizations and organizations as a part of which there are such contractors.

2-2. Specialists of other qualification levels and professions under the leadership of the specialists determined in Item 2-1 of this Procedure and also authorized employees of executive bodies can be also involved in accomplishment of the separate, determined by Item 8-2 of this Procedure stages of works on inspection of the damaged objects (under approval).

The decision on involvement of the specified specialists is made by authorized body depending on nature, complexity of accomplishment of separate stages of works on inspection, and also specifics of inspection of object according to the technique approved by the Ministry of Regional Development.

3. The objects determined by article 39-2 of the Law of Ukraine "On regulation of town-planning activities", in particular, objects of organizations of education, cultural institutions, physical culture and sport, medical and improving assignment, the building of administrative assignment, and also objects of engineering, transport infrastructure, power objects which according to the project documentation approved in the procedure established by the legislation on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects are subject to obligatory inspection.

For the objects accepted in operation till June 10, 2017 and concerning which in the project documentation the class of effects is not determined the class of effects (responsibility) is determined according to the legislation, construction regulations and regulating documents during inspection and it is specified in the passport of object.

4. Examination of apartment apartment houses is conducted by contractors taking into account results of the inspection performed according to the Rules of content of apartment houses and the house adjoining territories approved by the order of the State committee on questions of housing and communal services of May 17, 2005 No. 76.

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