On September 20, 2017, Decree of the Government of the Russian Federation dated 09.09.2017 No. 1091 “On amendments to certain acts of the Government of the Russian Federation on issues of ensuring safety in the use and maintenance of intra-house and intra-apartment equipment” came into force. gas equipment».
This resolution introduced changes to the Rules for the Use of Gas in terms of ensuring safety when using and maintaining indoor and indoor gas equipment when providing public services for gas supply, approved by Decree of the Government of the Russian Federation dated May 14, 2013 No. 410 (hereinafter referred to as Rules No. 410).
One of the important changes to Rule No. 410 is a change in the frequency of maintenance of indoor and indoor gas equipment. From September 20, 2017, maintenance of in-house and in-apartment gas equipment must be carried out at least 1 per year, taking into account the minimum list of work performed (services provided) for the maintenance and repair of in-house and intra-apartment gas equipment (hereinafter referred to as TO VDGO and TO VKGO), provided for in the appendix to Rules No. 410.
Until September 20, 2017, maintenance of internal gas pipelines included in the internal and internal gas equipment was carried out at least once every 3 years. Maintenance inspection of household gas-using equipment was carried out at least once every 3 years, unless otherwise specified by the manufacturer of this equipment. After the service life of household gas-using equipment established by the manufacturer has expired, this equipment can be used if there is a positive conclusion based on the results technical diagnostics in-house and intra-apartment gas equipment during the period specified in this conclusion, and during its maintenance at least once a year, or replaced at the request of the customer with new equipment.
The contract for VDGO and VKGO maintenance is a public contract. Features of the conclusion and execution of a public contract are regulated by Article 426 of the Civil Code of the Russian Federation, as well as the Rules approved by the authorized bodies and which are mandatory for the parties when concluding and executing public contracts(Clause 4 of Article 426 of the Civil Code of the Russian Federation).
The terms of a public contract that do not meet the requirements established by clause 4 of Article 426 of the Civil Code of the Russian Federation are void (clause 5 of Article 426 of the Civil Code of the Russian Federation).
Since Rule No. 410 is binding on the parties when concluding and performance public contracts, taking into account paragraph 4 of Article 426 of the Civil Code of the Russian Federation, the provisions of the Rules, including changes in the frequency of maintenance, are applicable not only to newly concluded contracts for VDGO maintenance and VKGO maintenance, but also to contracts concluded before their entry into force and will apply to the relations of the parties, regardless of the introduction of appropriate changes to the agreement. This conclusion corresponds to the legal position of the Supreme Arbitration Court Russian Federation, set out in the resolution of the Presidium dated July 27, 2010 No. 3779/10.
This legal position is applied by the courts and is reflected in the Ruling of the Supreme Court of the Russian Federation dated October 6, 2014 No. 309-ES14-1870, the resolution of the Arbitration Court Central District dated December 25, 2015 in case No. A64-727/2015.
Thus, under the current contracts for VDGO maintenance and VKGO maintenance, concluded by specialized organizations with citizens and organizations managing apartment buildings, before the above changes were made to Rule No. 410, the frequency of maintenance has changed by force of law and the maintenance of intra-house and intra-apartment gas equipment will be carried out at least once a year, regardless of the frequency of service specified in the contract.
Due to changes in the frequency of maintenance, the total cost of services under the concluded contract will increase in proportion to the change in the frequency of maintenance of in-house and intra-apartment gas equipment.
Please note that Article 9.23 of the Code of Administrative Offenses of the Russian Federation provides for liability for evading the conclusion of an agreement for VDGO and VKGO maintenance, refusal to admit a representative of a specialized organization to perform work on VDGO and VKGO maintenance, evasion of replacing equipment included in the VDGO and VKGO, which for citizens is from one to two thousand rubles, and when committing the above offenses that led to an accident or an immediate threat of harm to the life or health of people - the imposition of an administrative a fine on citizens in the amount of ten to thirty thousand rubles.
S.V. Tereshchuk,
director of the branch in Korkino
JSC Gazprom Gas Distribution Chelyabinsk
Gas / Gasification and gas supply
Who and why forces residents, under the threat of large fines and gas shutdowns, to enter into contracts for the maintenance of gas equipment? The Moscow region publication Kolomenskaya Pravda tried to understand this issue. The answers will be relevant to residents not only of the Moscow region, but also of other regions of Russia.
As Kolomenskaya Pravda writes, in Lately Excited readers began to call the editorial office.
“My friends from Pesochnaya and Dachnaya streets received letters demanding that they sign an agreement for the maintenance of gas equipment,” says Kolomsk resident Tatyana ALEXANDROVA. - The letters say that for the lack of an agreement they face a substantial fine, or, in extreme cases, gas shutdown. They were terribly outraged by these demands. I myself am worried: I have a private house on Tolstikov Street, with AOGV and gas water heater. What should I do to avoid being left without gas?
First of all, it is worth understanding the legal requirements. According to the decree of the Government of the Russian Federation dated May 14, 2013, condition number one safe use intra-house and intra-apartment gas equipment (AOGV, gas stoves, gas pipelines, gas meters) are regular (at least once every three years) maintenance and repair of this very equipment.
To conduct them, you need to enter into an agreement with a specialized organization. Until last year, the resolution did not provide for any administrative liability for the absence of such an agreement, so no one was in a particular hurry to conclude it. Most of our citizens had no idea about the existence of the document.
Everything changed when it came into force the federal law dated December 5, 2016, which introduced several amendments to the Code of Administrative Offences. Now, for the lack of a maintenance contract, you will have to pay in rubles, and not only to ordinary residents of apartment buildings and private buildings, but also to officials and legal entities. Specialized organizations (primarily Mosoblgaz) perked up and began offering their services to the population.
Whom to choose? Mosoblgaz is a proven company, but it is not a monopolist in this area. The law of May 14, 2013 directly indicates that an organization transporting gas under an agreement with its supplier does not have the exclusive right to maintain gas equipment. You can choose another company with the same specialization.
A search on the Internet was initially disappointing: the search engine produced a list of organizations that deal only with the maintenance of gas boilers in boiler houses. However, after making a couple of calls, I found out that they also conclude maintenance contracts for AOGV and gas stoves. The only question is who you trust more and whose prices suit you more.
The main thing is not to delay the choice too much. According to the law, a specialized organization has the right, on its own initiative, to send an application to the consumer to conclude an agreement. If he does not give any response to it within 30 days, or refuses to conclude an agreement on grounds not provided for by the resolution of May 14, 2013, the organization has the right to sue him in court to force him to conclude an agreement.
Another important point: Having concluded a maintenance agreement with a private company, you must send a copy of it to the local branch of Mosoblgaz. If you don't do this, you may be left without gas.
How often and to what extent you will have to pay maintenance fees depends on the equipment. For the stove and meter - most often once every three years, for the gas boiler - usually once a year. The amount is calculated depending on the manufacturer’s passport, which indicates the timing of mandatory maintenance, and the condition of the equipment.
For those who believe that periodically paying fines is cheaper than regularly paying for equipment maintenance, the law has provided another measure of influence. They will simply turn off the gas. Or they will refuse to conclude a contract for its supply. To restore the supply of the resource, you need to conclude an agreement and pay the cost of disconnecting and connecting gas.
Roman N., resident of Kolomensky district:
— Last winter, our AOGV failed (it became clogged with soot gas-burner). The house was left without heating. We called 112, the operator redirected us to the Mosoblgaz emergency service. They refused to help on the grounds that we had not entered into a maintenance agreement with them. I had to ask a friend who once worked in a specialized organization for help, and he quickly repaired everything. We are currently drawing up a contract for equipment maintenance so that critical situation don't be left without help.
Recently Russian government obliged all citizens to enter into contracts for the maintenance of gas equipment.
According to the agreement, gas workers must carry out preventive maintenance checks gas appliances and troubleshoot.
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In connection with the increasing number of accidents in residential premises, gas workers were waiting for the Government to adopt a law obliging citizens Conduct annual control checks of in-house and intra-apartment equipment.
Most of the accidents that occur could have been prevented if device malfunctions were noticed in time specialists and eliminated.
Resolution of the Government of the Russian Federation No. 410 was adopted on May 14, 2013. According to this document, citizens are required to enter into contracts for the maintenance of gas equipment with specialized organizations.
This Law actually shifted responsibility for technical condition devices from gas workers to residential property owners. And the owners are still thinking whether to conclude a deal or not.
If the owners refuse to enter into an agreement, service organizations have the right to stop gas supply to a house or apartment on completely legal grounds.
Any gas appliances installed in an apartment, private or apartment building.
At the same time, all equipment installed in an apartment building can be divided into common and intra-apartment equipment:
Previously, all equipment in an apartment building was under control Management company(UK), and this organization was responsible for both repairs and maintenance.
Managers concluded agreements with gas organizations independently, without the participation of premises owners. Service fees were automatically divided and included in payments.
With the adoption of the Resolution in 2013, the area of responsibility of the Management Company and the owners was clearly delineated:
Only specialized organizations have the right to service gas appliances, such as Gorgaz.
Her staff should be emergency dispatch service.
Such organizations include gas distribution companies that transport gas directly to consumers and have agreements with fuel suppliers.
The personnel of such an organization have access to work and undergo appropriate certification within the time limits regulated by by-laws.
This document is a bilateral agreement between the homeowner and the service organization.
This the document is standard and contains information about what is included in the list of services:
IMPORTANT. The cost of the contract depends on the type and number of gas appliances installed in the apartment. The fee is charged according to the organization’s price list, and consists of the prices for each unit.
After signing and paying for the contract The service organization checks and minor repairs all equipment in the apartment. Workers carry out the following types works:
IMPORTANT. During the contract period, gas leaks are eliminated and connections are sealed free of charge. If a malfunction of the devices is discovered or any parts fail, replacements and repairs are carried out at the expense of the owner.
The document has a validity period of at least three years.
During the validity of the agreement, the service organization conducts a control inspection at least once a year and issues a report to the owner.
If the consumer notices a malfunction of the equipment in the form of a gas leak from the connecting parts, he must immediately call the staff of the service organization to eliminate it.
Gas is a source of increased danger. If the owner is still thinking about whether to conclude an agreement, it means that the equipment in his apartment is not checked for faults.
Untested equipment in an apartment building is especially dangerous, since in the event of an explosion or gas leak, not only the owner of a particular premises, but also all residents may suffer.
Technical inspection and maintenance of gas appliances – necessary condition gas supplies to residential premises.
Only after inspection by specialists can we guarantee correct work devices and their safety. If such inspection is not carried out, suppliers may stop delivering gas.
Of course, the supply stop will occur after a warning is sent to the owner. Having received such a warning, In any case, you will be required to check and conclude a service agreement, rather than deciding who needs it.
The initiator of the contract must be the owner of the property. The organization only invites him to do this, and the responsibility for the conclusion lies entirely with the owner.
In some cases, the management company takes the initiative and enters into an agreement on behalf of the owners. With this form of document preparation, the service fee is included in the apartment payments.
To conclude an agreement, the owner can contact a territorial specialized organization. Its address can be found in the Criminal Code or in a notice received by mail. Most often, the organization is called “Gorgaz”; it is the intermediary between gas consumers and its suppliers.
When signing a document for servicing gas equipment documents will be needed:
Concluding a contract for servicing gas equipment is the responsibility of every residential owner. Without it, regulatory organizations may stop gas supplies to the apartment.
A sample contract for the maintenance of gas equipment can be downloaded.
You can refuse a conclusion only if:
To see how a gas equipment service agreement guarantees safety, watch the video:
Gas supply is a type of public service, and nowadays it is difficult to imagine life without gas. But we must remember that gas is a source of increased danger; gas supply to a residential building is often associated with accidents, including casualties.
Behind last years in Russia, including Ivanovo region, the number of accidents associated with the use of natural gas at home. Such tragedies usually arise due to improper use gas equipment, untimely prevention and repair, and sometimes simply due to non-compliance with the most basic safety requirements.
The Government of the Russian Federation dated May 14, 2013 No. 410 adopted the Rules for the use of gas in terms of ensuring safety in the use and maintenance of in-house and in-apartment gas equipment when providing public gas supply services.
In accordance with the provisions of the Rules, the Customer is obliged to enter into an agreement with a specialized organization for the maintenance and repair of in-house and (or) in-apartment gas equipment (the composition of in-house and in-apartment gas equipment is contained in the preamble of the Rules).
Regarding indoor gas equipment apartment building- managing organization, partnership or cooperative, individual entrepreneur, who are the performers of the gas supply utility service, and in the case of direct management of an apartment building, the owners of premises in the apartment building - the owners of such premises;
In relation to indoor gas equipment in a household - the owner of the household;
In relation to indoor gas equipment - the owner (user) of the premises located in an apartment building in which such equipment is located.
This obligation of the Customer is aimed at ensuring the safe use of in-house and intra-apartment gas equipment, as well as preventing the risks of causing damage to the life, health and property of citizens.
We draw the attention of owners that, in accordance with clause 80 of the Rules, the Contractor (specialized organization) has the right to suspend the supply of gas with prior written notification to the customer in the absence of an agreement on the maintenance and repair of in-house and (or) in-house gas equipment.
JSC Gazprom Gazoraspredeleniye Ivanovo, being a specialized organization, proposes to conclude an agreement on the maintenance and repair of in-house and (or) in-house gas equipment. For questions regarding the conclusion of contracts, subscribers must contact the relevant division of Gazprom Gas Distribution Ivanovo JSC.
To conclude an agreement for the maintenance and repair of intra-house and (or) intra-apartment gas equipment, the applicant, who intends to act as a customer under this agreement, sends an application (offer) to a specialized organization in writing, which must contain the following information:
in which the intra-house (in-apartment) gas equipment is located;
included in the internal and (or) internal gas equipment.
All information you are interested in regarding the conclusion of contracts for the maintenance and repair of in-house and (or) in-house gas equipment can be obtained from the relevant division of Gazprom Gas Distribution Ivanovo JSC.
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