Security zones of heating networks are installed to ensure the safety of objects. Within these areas there is a special regime for conducting economic activities. Let's consider further, what requirements should correspond sanitary protection zone of the heating network.
Currently, there are a number of documents incompliance with which are created and used security zones of heating networks. Order Gosstroy number 92 of April 21, 2000 is considered one of the key acts. In accordance with it, organizational and methodological recommendations on the use of public heat supply systems in settlements of the Russian Federation were approved. According to paragraph 33 of this document, during the operation of these facilities, they must be protected. It includes a set of organizational and technical measures aimed at limiting activities within the established territory. To protect the object must be installed security zone of heat networks.
Last edited by 24.06.2003, but was not registered by the Ministry of Justice. In this regard, the courts consider the new rules null and void. When considering disputes, SNiP 2.04.07-86 is used. The rules provide for a list of actions that are prohibited within the areas with a special regime of use. Since the protection of objects is the main goal for which security zones of heating networks, SNiP prohibit:
Security zone of heat networks is under the authority of the enterprise that provides the facility maintenance. In this regard, it is not allowed within this site without the written consent of these organizations to produce:
Conditions for obtaining permission and the implementation of these activities are provided in paragraphs 7-8 of the Model Regulations. The approval must be made at least three days before the start of work.
In accordance with them on each object is createdcorresponding security zone of the heating network. Standards are mandatory for compliance with all enterprises, institutions, organizations, regardless of their organizational and legal type. On the basis of the Model Regulations, prescriptions may be developed by local authorities subject to specific conditions. At the same time, the requirements should not be lower than those established in the basic documents. The rules apply to all organizations involved in the reconstruction, construction, technical re-equipment and operation of heating networks. Requirements are also mandatory for compliance by enterprises that use roads, railway and tram tracks, green spaces, crossings or reorganize them near protected objects.
The plots are laid along highways.On the ground, they are land plots, the width of which is determined by the angle of repose of the soil. However, it can not be less than 3 m in each direction or from the outer part of the insulated heat conductor. The latter is true for channelless laying. The minimum distance that security zone of heating networks must be removed from structures, buildings,linear objects is determined taking into account various factors. First of all, the type of laying and the climatic conditions of the area are taken into account. The calculated distances are required to comply with the design, direct construction, as well as repair facilities.
Enterprises that have received written consentto conduct work within the protective areas, are obliged to carry them out with the fulfillment of the conditions ensuring the safety of objects. First of all, before the start of events, a briefing is held. It is carried out by the owner of the object. He acquaints performers with the location of underground structures, the order of work. About this is the corresponding mark in the journal or an act is drawn up. Instructing workers, foremen, mechanics, crane operators, craftsmen and other personnel is the responsibility of the contractor. Clause 17 of the Model Regulations indicates that security zone of heating networks should be free to access specialists of enterprises in whose jurisdiction they are located. This requirement, in particular, applies to objects located on the territory of other organizations. Security zone of heat networks used for repair and maintenancestructures, installations, structures. The enterprises in whose jurisdiction the objects are located have the right to prohibit the execution of works that violate the stipulated requirements.
In accordance with Article 89 of the Code (Clause 2), the rules according to which protection zone of aboveground heating networksare determined by the government.The procedure for creating sites, in particular, was approved by Decree No. 160 of February 24, 2009. As regards industrial and other special-purpose lands, the rules for forming protection zones of heating networks are determined by
Security zone of communal heating networks formed by an enterprise carrying outmaintenance and operation of the relevant object. The organization should contact the federal executive body, leading technical supervision and control in the field of electric power industry. An application is submitted to this structure for the approval of the boundaries within which the security zone of communal heating networks. Application is reviewed on a fifteen dayterm from the date of receipt to the authority. After the boundaries have been agreed, the service company will contact the cadastral authority. An application is submitted to this structure for entering information about the boundaries of the zone into the state register.
Structures that are authorized to make decisionson the establishment of protected areas, may be determined by government regulations, acts of regional / local executive bodies. The existing rules do not provide a clear procedure for creating protective areas. In particular, the need to adopt a special act by a state body or local structure is not defined. In this case, the dimensions that must be protection zone of the heat pipe networkProvided by the rules. They are formalized depending on different parameters (diameter, type of gasket, and so on).
Meanwhile, it should be noted that SNiP defineonly minimal distances from facilities to facilities. At the same time, the dimensions of the protective sections themselves are not regulated. In this regard, in practice, it is likely that it is difficult to substantiate the boundaries and area of the protection zone related to a particular heating network. It should be noted another significant gap. Neither in the rules for technical operation of heat and power plants, nor in SNiPs, there is such a thing as a “security zone of the heating network”. Accordingly, the lack of the necessary regulation of the rules for the creation and the size of protective areas may cause disputes regarding the very fact of their existence.
Information about security zones is entered into it onBased on Art. 1, p. 2 of the Federal Law No. 211. The state cadastre is a state (federal) information resource. The composition of information on the zones within which a special legal regime is in effect, which is included in it, is determined by the 10th article of the said Law. These data include, among other things, a description of the location of the boundaries of protective areas, the name of the municipal / state authorities that decided to create such zones, change them, the details of the documents and the sources of their official publication.
Information is also includedon the content of restrictions on the operation of facilities located within the specified territories. Article 15 of the Federal Law No. 211 provides for the obligation of the municipal / state authority within 10 days (workers) from the date of entry of the decision taken within the competence of the relevant structure and establishing / changing / canceling the protection zone to provide the accounting authority with the data necessary for entering into the state cadastre. It should be taken into account that in some cases, according to the current rules for ensuring the protection of objects, the need to approve a special act is not provided. In such situations, the basis for including information in the information base can be a direct legal document defining the general procedure for establishing zones of a particular type, as well as describing the location of the corresponding protective area.
When considering legal issues related tothe establishment of protected areas, you must refer to the provisions of the Federal Law №78. According to Art. 1 of the Act, protective areas act as objects of land management. To determine the location of boundaries, it is necessary to carry out procedures provided for in legal acts As a result of the measures taken, in accordance with Article 20 of the Federal Law No. 78, a plan (map) of the object is drawn up. Requirements for its preparation, as well as the form approved by government decree №621.
In accordance with the letter № 22066-IM / D23documentation that is necessary for the inclusion of information on the protection zone in the state cadastre may be provided by the interested person. They have the right to act as the copyright holder of the object in respect of which the protective zone is being created. The authority of this person to apply to the accounting authority may be based on a power of attorney. The document must be executed in the prescribed manner by the structure that made the decision to create a security zone. Considering that the rules do not provide for the need to issue a special act by a local / state authority, the necessary information may be entered into the state inventory by the right holder of the object upon its application with a plan (map) to it, describing the location of the borders. Meanwhile, this provision does not exclude the failure of the accounting authority to include information in the registry due to legal regulation of such a possibility.
Legal regime established for security zonesheating networks, has several features. First of all, it is regulated by departmental acts. In the existing rules, however, the procedure for creating zones is not defined, nor is the need to issue a special act by a municipal / state authority for their establishment. Not regulated and the time from which the protective area will be considered as existing. The size of the zones is determined by regulatory removal of facilities from facilities at the specified (minimum) distance. Squares are formalized depending on the diameter, type of gasket and other parameters. As practice shows, the introduction of information on protective areas is quite a difficult task. However, in the absence of the necessary information in the registry, there is a risk of recognizing as valid the actions of entities engaged in building within their boundaries. If the rights of the owners of the heating networks are violated by building sites located in protected zones, the subjects may apply to the court or to the State Service for Technological, Environmental, and Nuclear Supervision Department with a complaint.
