In accordance with Article 8 of the Federal Law "On Gas Supply in the Russian Federation", the Government of the Russian Federation decides:

1. Approve the attached:

Rules for the use of gas in terms of ensuring safety when using and maintaining in-house and in-house gas equipment when providing utility services for gas supply;

changes that are made to the acts of the Government of the Russian Federation on the issues of ensuring safety in the use and maintenance of in-house and in-house gas equipment.

2. To the Ministry of Regional Development of the Russian Federation:

to bring the acts adopted in pursuance of paragraph 4 of the Decree of the Government of the Russian Federation of July 21, 2008 No. 549 "On the procedure for supplying gas to meet the household needs of citizens", in accordance with this decree;

in agreement with the Ministry of Energy of the Russian Federation, to approve within 6 months the instructions for the safe use of gas to meet household needs.

3. Federal Tariff Service:

b) submit within 3 months to the Government of the Russian Federation a draft act on amendments to the Basic Provisions for the Formation and State Regulation of Gas Prices and Tariffs for Gas Transportation Services on the Territory of the Russian Federation, approved by Decree of the Government of the Russian Federation No. 1021, providing for the inclusion of payments for emergency dispatching maintenance of in-house and in-house gas equipment in the tariff for the services of gas distribution organizations for the transportation of gas.

4. The Federal Service for Environmental, Technological and Nuclear Supervision shall approve within 6 months the rules for technical diagnostics of in-house and in-house gas equipment.

Rules for the use of gas in terms of ensuring safety when using and maintaining in-house and in-house gas equipment when providing utility services for gas supply

I. General Provisions

1. These Rules establish the procedure for using gas in terms of ensuring the safe use and maintenance of indoor and indoor gas equipment when providing utility services for gas supply, including the procedure for concluding and executing an agreement on maintenance and repair of indoor and (or) indoor gas equipment.

2. The concepts used in these Rules mean the following:

"emergency dispatching support" - a set of measures for the prevention and localization of accidents arising in the process of using indoor and indoor gas equipment, aimed at eliminating an immediate threat to the life or health of citizens, causing damage to property of individuals or legal entities, state or municipal property, the environment , life or health of animals and plants;

"household gas-using equipment" - equipment intended for the use of gas as a fuel for the household needs of gas consumers (gas stoves, automatic gas flowing and storage water heaters, gas convectors, etc.);

in households - located within the land plot on which the household is located, gas pipelines laid from a gas source (when using liquefied hydrocarbon gas) or the point of connection of these pipelines to the gas distribution network to gas-using equipment, reservoir and (or) group cylinder installations of liquefied hydrocarbon gases designed for gas supply to one household, individual cylinder installations of liquefied hydrocarbon gases, gas-using equipment, technical devices on gas pipelines, including control and safety valves, gas control systems and gas meters;

"intra-apartment gas equipment" - gas pipelines of an apartment building, laid from a shut-off valve (disconnecting device) located on branches (drops) to intra-apartment gas equipment, to household gas-using equipment located indoors, household gas-using equipment and technical devices on gas pipelines, including including control and safety valves, gas control systems, individual or general (apartment) gas meter;

"home ownership" - a dwelling house (part of a dwelling house) and adjoining and (or) detached outbuildings (a garage, a bathhouse (sauna, swimming pool), a greenhouse (winter garden) on a common land plot with a dwelling house (part of a dwelling house) , premises for keeping livestock and poultry and other objects);

"customer" - a legal entity (including a managing organization, an association of homeowners, a housing construction, housing and other specialized consumer cooperative (hereinafter referred to as a partnership or a cooperative), an individual entrepreneur who are executors of a gas supply utility service, and an individual (citizen ), which is the owner (user) of the premises in an apartment building or household, acting as a party to the contract for the maintenance and repair of indoor and (or) indoor gas equipment, ordering the performance of work (provision of services) under such an agreement, obliged to accept and pay for the work performed (provided services);

"contractor" - a specialized organization that, on the basis of an agreement on the maintenance and repair of indoor and (or) indoor gas equipment, which is a complex contract containing elements of a work contract and paid services, has assumed obligations to perform work (provide services), provided for by the contract for the maintenance and repair of indoor and (or) indoor gas equipment;

"gas supplier" - a gas supplying organization that is a party to an agreement providing for the supply of gas as a communal resource necessary for the provision of communal services for gas supply;

"suspension of gas supply" - a set of actions of a technical nature (including shutting off valves), which are performed by the contractor in the cases provided for by these Rules, and the result of which is the cessation of gas supply to indoor and (or) indoor gas equipment;

"repair of in-house and (or) in-house gas equipment" - work to restore the serviceability of in-house and (or) in-house gas equipment or its components;

"specialized organization" - a gas distribution organization that, under a gas transportation agreement with a gas supplier, transports gas to the junction of the gas distribution network with a gas pipeline, which is an element of in-house gas equipment, which has received, in accordance with the established procedure, permission to perform works (provide services) for maintenance and repair in-house and in-house gas equipment and including an emergency dispatch service. In the case when liquefied gas is used as fuel, a specialized organization with which an agreement can be concluded for the maintenance and repair of in-house and in-house gas equipment can be any gas distribution organization that has permission to perform work (provide services) for maintenance and repair. in-house and in-house gas equipment and including an emergency dispatch service;

"maintenance of in-house and (or) in-house gas equipment" - works and services to maintain the in-house and (or) in-house gas equipment in a technical condition that meets the regulatory requirements imposed on it;

"technical diagnostics of in-house and (or) in-house gas equipment" - determination of the technical condition of in-house and (or) in-house gas equipment or their components, search and determination of malfunctions of the specified equipment, as well as determination of the possibility of its further use.

3. Explosion safety, mechanical, fire, thermal, chemical, environmental and electrical safety, as well as the serviceability of indoor and indoor gas equipment in the process of their use and maintenance are achieved through maintenance and repair of the specified equipment, performed on the basis of an agreement concluded between the customer and the contractor , as well as compliance by the indicated parties to the contract with other requirements provided for by these Rules and the instructions for the safe use of gas when meeting household needs.

II. Organization of safe use and maintenance of indoor and indoor gas equipment

4. Safe use and maintenance of in-house and in-house gas equipment is ensured by the implementation of the following set of works (services):

a) maintenance and repair of indoor and (or) indoor gas equipment;

b) emergency dispatching support;

c) technical diagnostics of in-house and (or) in-house gas equipment;

d) replacement of equipment.

5. A prerequisite for the safe use of indoor and indoor gas equipment is the proper maintenance of smoke and ventilation ducts of residential premises and apartment buildings.

6. Work on the maintenance and repair of in-house and (or) in-house gas equipment is carried out by a specialized organization in the manner prescribed by these Rules, on the basis of an agreement on the maintenance and repair of in-house and (or) in-house gas equipment concluded between the customer and the contractor.

7. Emergency dispatch support, including elimination of gas leaks and localization of accidents, is carried out around the clock by the emergency dispatch service of a specialized organization immediately upon receipt of information about an accident or its threat and, if necessary, without complying with the requirement of prior warning of the customer about providing access to the premises , in which the gas-using equipment is located, provided for in paragraphs 48 - 53 of these Rules, and (or) the requirement to suspend the gas supply provided for in paragraph 81 of these Rules.

For the localization of accidents on in-house and (or) in-house gas equipment, if necessary, police officers and (or) employees of subdivisions of the territorial bodies of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters are involved in accordance with the approved interaction plans.

Emergency dispatch support is carried out by a specialized organization in accordance with the legislation of the Russian Federation and these Rules without concluding a separate agreement on emergency dispatch support.

8. Work on technical diagnostics of in-house and (or) in-house gas equipment is carried out in relation to this equipment that has fulfilled the standard service life established by the manufacturer, or the service life established by the project documentation approved for gas pipelines.

Carrying out technical diagnostics of in-house and (or) in-house gas equipment is ensured by concluding an agreement on technical diagnostics of the specified equipment with an organization that meets the requirements determined by the Federal Service for Environmental, Technological and Nuclear Supervision:

in relation to indoor gas equipment - by persons responsible for the maintenance of common property in an apartment building (management organization, partnership or cooperative, owners of premises - with a direct method of managing an apartment building), as well as by the owner of the household;

in relation to intra-apartment gas equipment - by the owners (users) of the premises in which such equipment is located.

9. Requirements for organizations carrying out work on technical diagnostics of in-house and (or) in-house gas equipment, as well as the cases and frequency of such diagnostics, are determined by the rules approved by the Federal Service for Environmental, Technological and Nuclear Supervision, which are posted on the official website of this Service in the information and telecommunication network "Internet" (hereinafter referred to as the "Internet" network).

10. Replacement of equipment that is part of indoor and (or) indoor gas equipment is carried out in the following cases:

the expiration of the standard service life of the equipment established by the manufacturer, or the service life of the equipment established by the project documentation approved for gas pipelines, if these terms have not been extended based on the results of technical diagnostics of in-house and (or) in-house gas equipment, as well as the expiration of the service life of this equipment, extended based on the results of its technical diagnostics;

recognition of gas-using equipment not subject to repair (unsuitable for repair) during maintenance or based on the results of technical diagnostics of indoor and (or) indoor gas equipment;

customer's application.

Replacement of equipment that is part of the in-house and (or) in-house gas equipment is carried out by a specialized organization as part of the execution of an agreement on the maintenance and repair of in-house and (or) in-house gas equipment. Self-replacement of the specified equipment by its owner without the involvement of a specialized organization is not allowed.

11. Proper maintenance of smoke and ventilation ducts is ensured by:

a) in apartment buildings by checking the condition and functioning of smoke and ventilation ducts, if necessary, cleaning and (or) repairing them by persons responsible for the maintenance of common property in an apartment building (if they have a license provided for in paragraph 14 of these Rules), or by conclusion of an agreement on their inspection, as well as, if necessary, on cleaning and (or) on repairs with the organization specified in paragraph 14 of these Rules;

b) in the household by the owner of the household by checking the condition and functioning of the smoke and ventilation ducts and (or) concluding an agreement on their inspection, as well as, if necessary, on cleaning and (or) repairing with the organization specified in paragraph 14 of these Rules.

12. Checking the condition of smoke and ventilation ducts and, if necessary, cleaning them:

a) upon acceptance of smoke and ventilation ducts into operation during gasification of a building and (or) connection of new gas-using equipment;

b) during the reconstruction and repair of smoke and ventilation ducts;

c) during the operation of smoke and ventilation ducts (periodic check) - at least 3 times a year (no later than 7 calendar days before the start of the heating season, in the middle of the heating season and no later than 7 days after the end of the heating season);

d) in the absence of traction detected during operation, during maintenance and repair of in-house and (or) in-house gas equipment, diagnostics of in-house and (or) in-house gas equipment and emergency dispatch support.

13. Inspection, cleaning and repair of smoke and ventilation ducts is carried out in accordance with these Rules, other regulatory legal and regulatory technical acts.

14. An agreement on inspection, as well as, if necessary, on cleaning and (or) on repairing smoke and ventilation ducts is concluded with an organization authorized to perform the relevant work on the basis of a license issued in the manner prescribed by the Regulation on licensing activities for installation, maintenance and repair of fire safety equipment for buildings and structures, approved by Decree of the Government of the Russian Federation No. 1225 dated December 30, 2011, and performed in the manner prescribed by Articles 730 - 739 of the Civil Code of the Russian Federation.

Information about these organizations (name, location address, methods of providing contacts, phone number, e-mail address (if any), website address on the Internet (if any)) is posted by the contractor under an agreement on the maintenance and repair of the intra-house and (or ) in-house gas equipment in places that provide customers with the opportunity to get acquainted with this information, or it is brought to the attention of customers in another way that allows them to check the performance of the specified obligation by the performer.

15. The organization specified in clause 14 of these Rules has no right to refuse to conclude an agreement on inspection, as well as, if necessary, on cleaning and (or) on repairing smoke and ventilation ducts.

The possibility of performing these works is considered to be the presence of a condition under which the specified organization carries out a licensed type of activity within the boundaries of the settlement, on the territory of which the household or apartment building is located, equipped with smoke and ventilation ducts, which must be checked, cleaned and repaired.

If there is no such organization within the settlement, then the obligation to conclude an inspection agreement, as well as, if necessary, to clean and (or) repair smoke and ventilation ducts (at the request of persons responsible for the maintenance of common property in an apartment building or owners households) is carried by a licensed organization, the location of which is the closest (in terms of distance) to the specified locality.

III. The procedure and conditions for concluding an agreement on the maintenance and repair of indoor and (or) indoor gas equipment

16. Maintenance and repair of indoor and (or) indoor gas equipment is carried out on the basis of a contract for the maintenance and repair of indoor and (or) indoor gas equipment, concluded between the customer and the contractor.

17. The customer under the contract for the maintenance and repair of in-house and (or) in-house gas equipment are:

a) in relation to gas equipment inside an apartment building - a managing organization, partnership or cooperative, an individual entrepreneur who are executors of a gas supply utility service, and in the case of direct management of an apartment building by the owners of premises in an apartment building - the owners of such premises;

b) in relation to in-house gas equipment in a household - the owner of the household;

c) in relation to indoor gas equipment - the owner (user) of the premises located in an apartment building in which such equipment is located. On behalf of the owner (user) of the premises, an agreement on the maintenance and repair of indoor gas equipment may be signed:

a person from among the owners of premises in an apartment building authorized to sign an agreement on the maintenance and repair of intra-apartment gas equipment on their behalf by a decision of the general meeting of owners of an apartment building, which is confirmed by a duly executed power of attorney;

the managing organization on the basis of the minutes of the general meeting of owners of premises in an apartment building, at which it was decided that the specified agreement on the maintenance and repair of intra-apartment gas equipment is signed by the managing organization in the interests of each of the owners of premises in an apartment building who voted for such a decision;

the partnership or cooperative on the basis of the minutes of the general meeting of the members of the partnership or cooperative, at which it was decided that the said agreement is signed by the partnership or cooperative in the interests of each of its members who voted for such a decision;

a managing organization, partnership or cooperative acting as agents of the owners of premises in an apartment building on the basis of an agency agreement.

18. To conclude an agreement on the maintenance and repair of in-house and (or) in-house gas equipment, an applicant intending to act as a customer under this agreement shall send an application (offer) to a specialized organization in writing, which must contain, among other things, the following information:

a) information about the applicant (for a citizen - last name, first name, patronymic, place of residence and details of the main identity document, for a legal entity - name (company name), its location (place of state registration));

b) the address of the household or apartment building in which the indoor gas equipment is located, apartments (if the maintenance and repair agreement is for indoor gas equipment) in the apartment building, the maintenance and repair of which must be carried out;

c) a list of equipment that is part of the indoor and (or) indoor gas equipment.

19. The following documents are attached to the application (offer):

a) a copy of the main identity document - for a citizen applicant or copies of constituent documents certified by a state body maintaining the Unified State Register of Legal Entities, or a notary - for an applicant - a legal entity;

b) a document confirming the authority of a representative of a legal entity to act on behalf of this legal entity - for an applicant - a legal entity;

c) documents confirming the right of a person to act on behalf of the owners of premises in an apartment building - with a direct method of managing such a house by the owners of the premises;

d) the documents provided for in paragraph 22 of these Rules, respectively, for the management organization or for the partnership or cooperative;

e) the documents provided for in paragraph 23 of these Rules, respectively, for the management organization or for the partnership or cooperative;

f) documents confirming the right of ownership (use) to the premises in an apartment building or household, in which the intra-apartment and (or) intra-house gas equipment is located;

g) documents confirming the composition of indoor and (or) indoor gas equipment and the compliance of the equipment included in it with the regulatory technical requirements for this equipment (technical passports, certificates of conformity, etc.);

h) documents containing the date of sealing of the gas meter by the manufacturer or the organization that carried out its last verification, as well as the established date for the next verification;

i) a copy of the act on determining the boundaries of the division of ownership of the gas distribution (connected) network (a document fixing the place of connection of gas pipelines that are part of the common property in an apartment building or households, to the gas distribution (connected) network), if the agreement on maintenance and repair is in relation to indoor gas equipment.

20. The documents specified in subparagraphs "g" - "and" paragraph 19 of these Rules are provided by the applicant, if available. The absence of such documents cannot be the basis for refusal to conclude an agreement on the maintenance and repair of indoor and (or) indoor gas equipment.

21. Documents confirming the right of a person to act on behalf of the owners of premises in an apartment building with a direct method of managing such a building, when concluding an agreement on maintenance and repair of indoor gas equipment are:

a) the minutes of the general meeting of owners of premises in an apartment building, containing a decision on granting the specified person the right to act on behalf of the owners of premises in such a building in relations with a specialized organization - for a person who is one of the owners of premises in an apartment building;

b) a power of attorney certifying the authority to act on behalf of the owners of premises in an apartment building in relations with a specialized organization, issued to the person indicated in it in writing by all or most of the owners of premises in such a building - for a person who is not the owner of the premises in an apartment building.

22. The documents confirming the right of the applicant - a legal entity to conclude an agreement on the maintenance and repair of in-house gas equipment located in an apartment building - are:

a) for the managing organization:

an agreement for the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, concluded with this management organization, and the minutes of the general meeting of owners of premises in an apartment building, containing a decision to conclude the specified agreement with the management organization, if the owners of premises in for an apartment building, the direct management of an apartment building was chosen as a management method, the number of apartments in which is more than 12;

minutes of the general meeting of owners of premises in an apartment building, at which a decision was made to choose the management of a managing organization as a method of managing an apartment building, and minutes of a general meeting of owners of premises in an apartment building, at which a decision was made to select a managing organization represented by the managing organization that applies with an application (offer), as well as an agreement for the management of an apartment building, concluded between the management organization and the owners of premises in an apartment building or between the management organization and a partnership or cooperative, if the owners of premises in an apartment building, including in which a partnership or cooperative has been created , management of the managing organization was selected as a management method;

the protocol of an open tender for the selection of a management organization and (or) an agreement for the management of an apartment building, if the management organization is selected by competition by a local government body in cases stipulated by the housing legislation of the Russian Federation;

b) for a partnership or cooperative - the minutes of the general meeting of the members of the partnership or cooperative, in which the decision on the choice of the partnership or cooperative management as a method of managing an apartment building is recorded (reflected).

23. The documents confirming the applicant's right, which is the management organization, partnership or cooperative, to conclude an agreement on the maintenance and repair of indoor gas equipment on behalf of the owners of premises in such a house are:

a) the minutes of the general meeting of owners of premises in an apartment building, which reflects the decision that the contract for the maintenance and repair of intra-apartment gas equipment located in the premises located in such a building will be signed on behalf of the applicants by the management organization (partnership or cooperative) , - in the case of signing an agreement on the maintenance and repair of intra-apartment gas equipment on behalf of each of the owners of premises in an apartment building who voted for such a decision;

b) an agency agreement containing an order from the owners of premises in an apartment building (principals) to the management organization, partnership or cooperative (agent) to perform actions on behalf of the owners and at their expense, aimed at concluding an agreement on the maintenance and repair of intra-apartment gas equipment in the interests of owners of premises in an apartment building.

24. The specialized organization is not entitled to require the applicant to submit documents that are not provided for by these Rules.

The documents provided for in clauses 19 - 23 of these Rules, submitted in the form of copies, are certified by the persons who issued such documents, or by a person authorized in accordance with the legislation of the Russian Federation to take actions to certify copies of such documents.

The applicant has the right to submit to the specialized organization both originals and copies of the documents provided for in paragraphs 19 - 23 of these Rules. After verification, upon acceptance of the application (offer) with the documents attached to it, the identity of the copy and the original of the document, the original is returned to the applicant.

25. The application (offer) sent by the applicant is drawn up in 2 copies and registered by a specialized organization on the day of receipt. One copy of the application (offer) remains with the specialized organization, and the other is returned to the applicant with a note on the date of acceptance of the application (offer) and the submitted documents for consideration.

26. A specialized organization, within a period not exceeding 10 working days from the date of registration of the application (offer), checks the completeness and correctness of the submitted documents, including for the completeness and reliability of the information contained therein.

27. Failure to submit by the applicant all the information provided for in paragraph 18 of these Rules, the applicant's submission of the documents provided for in paragraphs 19 - 23 of these Rules in incomplete volume or their incorrect execution are not grounds for refusing to conclude an agreement on the maintenance and repair of the indoor and (or) intra-apartment gas equipment.

In this case, the specialized organization informs the applicant about the inconsistencies in writing within 5 working days from the date of receipt of the documents, after which it suspends consideration of the submitted documents without returning them to the applicant until the receipt of missing (correctly executed) documents or missing information from him. If the missing (correctly executed) documents and missing information are not submitted by the applicant to a specialized organization within 30 days from the date of suspension of consideration of the submitted documents, the specialized organization has the right to terminate consideration of the application (offer) and return the documents to the applicant, who has the right to send a repeated application (offer) ) the same specialized organization after the elimination of the shortcomings that served as the basis for the termination of its consideration.

28. Based on the results of the inspection provided for in paragraph 26 of these Rules, and in the absence of comments on the documents attached to the application (offer), the specialized organization draws up and signs an agreement on the maintenance and repair of indoor and (or) indoor gas equipment in 2 copies, which are delivered to the applicant against signature or sent by post with notification.

29. Both copies of the contract on maintenance and repair of indoor and (or) indoor gas equipment received from a specialized organization are signed by the applicant, while one of the copies of the contract on maintenance and repair of indoor and (or) indoor gas equipment, signed by the parties, is returned by the applicant specialized organization.

30. A specialized organization has the right, on its own initiative, to send an application (offer) to the applicant for concluding an agreement on the maintenance and repair of in-house and (or) in-house gas equipment on the terms of the draft agreement attached to the application (offer), prepared in accordance with these Rules and the Civil the Code of the Russian Federation and signed by a specialized organization.

31. In the event that the party that sent the application (offer), within 30 days from the date of receipt of this application (offer) by the other party, did not receive a response from it about its consent to conclude an agreement on the maintenance and repair of indoor and (or) indoor gas equipment for the proposed conditions or other conditions consistent with the civil legislation of the Russian Federation and these Rules, or on refusal to conclude the specified agreement on the grounds provided for by these Rules, as well as in the event of a refusal to conclude the said agreement on grounds not provided for by these Rules, the party that sent application (offer), has the right to apply to the court with a demand to compel the other party, for which the conclusion of this agreement is mandatory, to conclude an agreement.

32. A person who is the owner (user) of the premises in an apartment building or the owner of a household and acts on the side of the customer has the right to refuse to conclude an agreement on the maintenance and repair of in-house and (or) in-house gas equipment and cannot be forced to conclude it in the following cases:

a) if, on behalf of the owner of the premises in an apartment building, an agreement on the maintenance and repair of indoor and (or) indoor gas equipment has already been concluded by the management organization (partnership or cooperative) acting as an agent on behalf and in the interests of the owner of the premises in the apartment building home;

b) in the event that the owner of the household has already concluded a contract for maintenance and repairs with respect to the household gas equipment of the household and when using liquefied petroleum gas as fuel, and also if the gas supply to the indoor gas equipment is not carried out in connection with the absence of a gas supply agreement with a gas supplier or termination of such an agreement in the manner prescribed by the Rules for the supply of gas to meet the household needs of citizens, approved by the Government of the Russian Federation dated July 21, 2008 No. 549;

c) in the event that the gas supply to the apartment gas equipment or the household gas equipment of the household is not carried out due to the absence of a gas supply agreement with the gas supplier or termination of such an agreement in the manner prescribed by the Rules for the supply of gas to meet the household needs of citizens, approved by the decree Government of the Russian Federation dated July 21, 2008 No. 549.

33. The managing organization, partnership or cooperative acting on the customer's side has the right to refuse to conclude an agreement on the maintenance and repair of in-house and (or) in-house gas equipment and cannot be forced to conclude it:

a) if the management organization, partnership or cooperative does not have the authority to act as agents of the owners of premises in an apartment building in which the intra-apartment gas equipment is located, or as a representative of each of the owners of premises in an apartment building in the cases specified in paragraphs three and four subparagraph "c" of paragraph 17 of these Rules;

b) if the application (offer) for the conclusion of an agreement on the maintenance and repair of in-house gas equipment has been contacted by a specialized organization that does not transport gas to the specified in-house gas equipment under a gas transportation agreement with a gas supplier (except for cases when in liquefied gas is used as fuel for indoor gas equipment), as well as if the management organization, partnership or cooperative is not responsible for the maintenance of common property in an apartment building in which the indicated indoor gas equipment is located.

34. The persons specified in clauses 32 and 33 of these Rules are obliged to notify the specialized organization of the refusal to conclude an agreement on the maintenance and repair of indoor and (or) indoor gas equipment, indicating the reasons for such refusal within 30 days from the date of receipt of the application (offer ) a specialized organization. The notification must be carried out in a way that makes it possible to establish the fact that a specialized organization has received such a notification.

35. The grounds for the refusal of a specialized organization to conclude an agreement on the maintenance and repair of in-house and (or) in-house gas equipment are:

a) lack of technological connection (connection) of an apartment building (household) to the gas distribution network (except for cases when the use of in-house and (or) in-house gas equipment is carried out through the consumption of liquefied hydrocarbon gas);

b) the specialized organization does not have an obligation to transport gas to an apartment building (household) in which the intra-house and (or) intra-apartment gas equipment is located (except for cases when the use of intra-house and (or) intra-apartment gas equipment is carried out through the consumption of liquefied petroleum gas) ...

36. In case of refusal to conclude an agreement on the maintenance and repair of indoor and (or) indoor gas equipment on the grounds specified in paragraph 35 of these Rules, the specialized organization is obliged to notify the customer in writing of the refusal to conclude an agreement indicating the reasons for such refusal in within 5 working days from the date of receipt of the relevant application (offer) and documents provided for in clauses 19 - 23 of these Rules.

37. The contract for the maintenance and repair of indoor and (or) indoor gas equipment is concluded in writing for a period of at least 3 years and comes into force from the date of its signing by the last of the parties to this contract.

38. The terms of the contract for the maintenance and repair of in-house and (or) in-house gas equipment are determined in accordance with the Civil Code of the Russian Federation and these Rules.

39. The contract for the maintenance and repair of in-house and (or) in-house gas equipment shall indicate:

a) the date and place of conclusion of an agreement on the maintenance and repair of indoor and (or) indoor gas equipment;

b) the name (company name) of the specialized organization - the performer;

c) details of the settlement account of the contractor;

d) information about the customer (for a citizen - surname, name, patronymic, date and place of birth, place of residence and details of the main identity document, for a legal entity - name (company name), its location (place of state registration));

e) the address of an apartment building, the address of an apartment in an apartment building or a household in which an intra-house or intra-apartment gas equipment is located, maintenance and repair of which will be carried out under an agreement on the maintenance and repair of intra-house and (or) intra-apartment gas equipment;

f) details of the act on the determination of the boundary of division of ownership of gas distribution networks (if there is such an act);

g) the number and types of gas-using equipment, which is part of, respectively, in-house or in-house gas equipment;

h) the type of installed gas meter (if any) and the place of its connection to the gas pipeline;

i) a list of works performed (services rendered) for the maintenance and repair of in-house and (or) in-house gas equipment, including a minimum list of work (services provided) for maintenance and repair of in-house and (or) in-house gas equipment according to the appendix, as well as the timing of the commencement and completion of work (provision of services), including the frequency of performance of individual work (services) for the maintenance of in-house and (or) in-house gas equipment;

j) the price of the contract for the maintenance and repair of in-house and (or) in-house gas equipment;

k) the procedure and terms of payment for the work performed (services rendered) under the contract for the maintenance and repair of in-house and (or) in-house gas equipment, taking into account the provisions provided for in Section V of these Rules;

l) rights, obligations and responsibilities of the parties;

m) the term of the contract for the maintenance and repair of in-house and (or) in-house gas equipment;

n) other terms and conditions that the parties to the contract for the maintenance and repair of indoor and (or) indoor gas equipment deem necessary and which should not contradict the provisions of these Rules.

40. The contract price is determined on the basis of tariffs for the performance of work, calculated in accordance with the methodological recommendations on the rules for calculating the cost of maintenance and repair of indoor and indoor gas equipment, approved by the Federal Tariff Service.

IV. The procedure and conditions for the execution of an agreement on the maintenance and repair of in-house and (or) in-house gas equipment, the rights and obligations of the parties in the performance of this agreement

41. The customer has the right to demand:

a) performance of work (provision of services) for the maintenance and repair of in-house and (or) in-house gas equipment in accordance with the contract for maintenance and repair of in-house and (or) in-house gas equipment, these Rules, other regulatory legal and regulatory technical acts;

b) amendments to the terms of the agreement on the maintenance and repair of indoor and (or) indoor gas equipment in the part concerning the list of equipment that is part of the serviced indoor or indoor gas equipment, in the event of a change in the number and types of equipment included in it;

c) reduction (recalculation) of fees for non-fulfillment (improper fulfillment) of obligations arising from the contract for the maintenance and repair of in-house and (or) in-house gas equipment;

d) compensation for damage caused as a result of actions (inaction) of the contractor;

e) termination of the contract for the maintenance and repair of indoor and (or) indoor gas equipment unilaterally in the cases and in the manner established by the Civil Code of the Russian Federation, these Rules and the specified contract.

42. The customer is obliged:

a) pay for works (services) for the maintenance of indoor and (or) indoor gas equipment, as well as for the repair of indoor and (or) indoor gas equipment on time and in full;

b) immediately inform the contractor about the malfunction of the equipment that is part of the indoor or indoor gas equipment, as well as accidents, leaks and other emergencies arising from the use of gas;

c) operate gas-using equipment in accordance with the technical requirements established for such equipment, as well as immediately notify the contractor about changes in the composition of indoor and (or) indoor gas equipment;

d) provide access to the contractor's representatives to the in-house and (or) in-house gas equipment for carrying out work (rendering services) for the maintenance and repair of the said equipment, as well as for stopping the gas supply in the cases provided for by these Rules;

e) in the case of a direct method of managing an apartment building (if the owners of premises in an apartment building act on the customer's side under an agreement on maintenance and repair of indoor gas equipment), appoint a general meeting of owners of premises in an apartment building to appoint a person responsible for ensuring interaction with the contractor on the implementation of this agreement, as well as bringing to the notice of the owners of premises in an apartment building information regarding the planned date and time of maintenance and (or) repair of in-house gas equipment, and other information (including of an organizational nature) regarding the execution of the specified agreement;

f) comply with the instructions for the safe use of gas when meeting household needs.

43. The Contractor is obliged:

a) carry out maintenance of external gas pipelines that are part of indoor gas equipment and perform the following operations:

bypassing overground and (or) underground gas pipelines - at least once a year;

instrumental inspection of the technical condition of gas pipelines - at least once every 3 years;

b) carry out maintenance of the internal gas pipelines that are part of the in-house and in-house gas equipment - at least once every 3 years;

c) carry out maintenance of household gas-using equipment that is part of the household gas equipment in the home or in-house gas equipment. Maintenance of household gas-using equipment is carried out at least once every 3 years, unless otherwise specified by the manufacturer of this equipment. After the expiration of the service life of household gas-using equipment established by the manufacturer, this equipment can be used if there is a positive conclusion based on the results of technical diagnostics of in-house and (or) in-house 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. Maintenance of household gas-using equipment includes:

regulation of the gas combustion process in all operating modes of household gas-using equipment;

performance check, commissioning and adjustment of devices provided by the manufacturer in the design of household gas-using equipment, allowing to automatically turn off the gas supply when the controlled parameters deviate beyond the permissible limits;

checking the tightness of the equipment;

cleaning the burners of heating equipment from contamination when the equipment is switched on seasonally in order to prepare for use during the heating season;

d) during the next maintenance of the in-house gas equipment, instruct the customer on the safe use of gas when satisfying household needs, which is carried out orally with the transfer (immediately after the briefing) to the customer of instructions on the safe use of gas when satisfying household needs. The fact of transferring instructions and conducting briefings is recorded in an act signed by the customer and the contractor;

e) during the next maintenance of the in-house or in-house gas equipment, carry out maintenance of the tank, group or individual cylinder installation of liquefied hydrocarbon gases, as well as check the presence of draft in the smoke and ventilation ducts, the condition of the connecting pipes with the flue duct;

f) carry out maintenance of the reservoir (for one household) and group cylinder installation of liquefied hydrocarbon gases, which is part of the indoor gas equipment, at least once every 3 months;

g) carry out work on the repair of in-house or in-house gas equipment based on the customer's requests;

h) provide the customer with the opportunity to familiarize himself with the normative and technical documentation governing the performance of technological operations that are part of the work (services) for the maintenance and repair of in-house and in-house gas equipment.

44. The Contractor has the right:

a) require the customer to fulfill the terms of the contract for the maintenance and repair of indoor and (or) indoor gas equipment and the requirements of these Rules;

b) visit the premises where in-house and (or) in-house gas equipment is installed during work (provision of services) for the maintenance and repair of in-house and (or) in-house gas equipment in compliance with the procedure for prior notification of the customer provided for in paragraphs 48 - 53 of these Rules.

45. The customer's applications for the repair of in-house or in-house gas equipment are submitted by phone, in electronic form or in writing to the contractor's dispatch service. Work on the repair of in-house and in-house gas equipment must be started within 1 day from the date of receipt of the corresponding application from the customer, unless the requirements for immediate repair work are established by regulatory legal acts. The specified application must be registered by the employee of the contractor who accepted it, indicating the date and time of its receipt. When registering, the customer is informed of the date and time of registration of the application, its registration number and the name of the employee who registered the application.

46. ​​The performance of maintenance work on in-house and (or) in-house gas equipment is carried out within the timeframe and frequency provided for by the contract for the maintenance and repair of in-house and (or) in-house gas equipment in accordance with these Rules.

The specific date and time of performance of these works in a specific apartment building (apartment building) and households are planned by the performers by drawing up appropriate schedules (annual, quarterly and monthly), information about which is communicated to customers through the media and the Internet, by placing announcements on information stands located in public places (including in the immediate vicinity of the indicated apartment buildings and households), by sending e-mail or postal messages, as well as by other available methods that allow notifying about the time and date of these works.

47. In the event of the customer's refusal to admit the contractor's employees to residential or non-residential premises to perform work (provision of services) under an agreement on maintenance and repair of indoor and (or) indoor gas equipment on the basis of notifications brought to the attention of the customer by the methods provided for in paragraph 46 of these Rules, such admission is carried out in compliance with the procedure provided for in paragraphs 48 - 53 of these Rules.

48. The contractor is obliged to notify in the manner provided for in the contract for the maintenance and repair of indoor and (or) indoor gas equipment, and if such a method is not specified in the contract, by means of postal, telephone communication or in another way that makes it possible to establish the fact of receipt by the customer of such notification, date, time and list of maintenance work for indoor and (or) indoor gas equipment no later than 20 days prior to their performance.

49. The contractor sends the customer in a way that makes it possible to determine the date of receipt, or delivers a written notice against signature with a proposal to inform the customer about the date (dates) and time of admission of the contractor's employees to perform work, and explaining the consequences of the customer's inaction or his refusal to admit the contractor's employees to in-house and (or) in-house gas equipment.

50. The customer is obliged to inform, within 7 calendar days from the date of receipt of the notification specified in clause 49 of these Rules, in a way that allows to determine the date of receipt of such a message by the contractor, about the date (dates) and time convenient for the customer within the next 10 calendar days of ensuring admission the contractor's employees to a residential or non-residential premises to perform maintenance or repair work on in-house and (or) in-house gas equipment. If the customer cannot ensure the admission of the contractor's employees to the residential or non-residential premises within the next 10 days, then he is obliged to inform the contractor about other possible date (dates) and time of admission to carry out the specified work.

51. If the customer fails to comply with the provisions of clause 50 of these Rules, the contractor shall re-send to the customer a written notice in accordance with clause 49 of these Rules, and the customer is obliged, within 7 calendar days from the date of receipt of such notice, to provide information on the date and time of possible admission to the performance of maintenance or repair work in the building and (or) in-house gas equipment.

52. The Contractor, on the date and time agreed with the customer, performs maintenance or repair work on the in-house and (or) in-house gas equipment related to the need to gain access to the corresponding residential or non-residential premises.

53. If the customer did not respond to the repeated notification of the contractor, or 2 times or more did not allow the contractor's employees to enter the residential or non-residential premises to carry out the maintenance and repair work of the intra-house and (or) intra-apartment gas equipment for maintenance of the intra-house and (or) of intra-apartment gas equipment on the date and time agreed with the customer, the contractor's employees draw up an act of refusal of admission to the intra-house and (or) intra-apartment gas equipment located in the corresponding room, and on the impossibility of performing maintenance work on the specified equipment in accordance with the specified contract. This act is signed by the contractor's employees and the customer (his authorized representative), and if the customer (his authorized representative) refuses to sign the act, the contractor's employees and 2 disinterested persons.

The act indicates the date and time of arrival of the contractor's employees to perform maintenance work on the in-house and (or) in-house gas equipment, the reasons for the customer's refusal to admit the contractor's employees to the in-house and (or) in-house gas equipment (if the customer reported such reasons) and others information indicating the actions (inaction) of the customer, preventing the contractor's employees from carrying out maintenance work on in-house and (or) in-house gas equipment. One copy of the act is given by the contractor's employees to the customer (his authorized representative), and if the latter refuses to accept the act, they make a corresponding note in the act.

A copy of the act is sent by the executor to the executive body of the constituent entity of the Russian Federation authorized to exercise state housing supervision, or to the local government body authorized to exercise municipal housing control (hereinafter referred to as housing supervision (control) bodies.

54. The contractor, within 10 calendar days after receiving from the customer, in respect of which an act of refusal of admission to the in-house and (or) in-house gas equipment has been drawn up, a statement of readiness to admit the contractor's employees to the premises to perform maintenance work on the in-house and (or ) in-house gas equipment is obliged to carry out the specified work.

55. The performance of work (provision of services) under a contract for the maintenance and repair of indoor and (or) indoor gas equipment is confirmed by an acceptance certificate for work performed (services rendered), drawn up in 2 copies - one for each of the parties to this contract (customer and the contractor), signed by the contractor's employee who directly carried out the work (provided the services), and the customer. The act contains the following information:

b) the name of the contractor who performed the work (provided services) with the indication of the surname, initials and position of the employee (employees) of the contractor who directly performed the work (provided services);

c) the name of the customer - a legal entity (surname, name, patronymic of the customer - an individual);

d) details (number and date of conclusion) of the contract for the maintenance and repair of in-house and (or) in-house gas equipment, in pursuance of which the work was carried out (services were provided);

e) a list of work performed (services rendered);

f) date and time of performance of work (provision of services).

56. If the customer refuses to sign the act, a note is made in the act indicating the reasons for the refusal (if any). The customer has the right to state in the act a special opinion concerning the results of the work, or to attach to the act his objections in writing, about which an entry is made in the act. The second copy of the act is handed over to the customer (his representative), and in case of his refusal to accept the act, it is sent by mail with a receipt acknowledgment and a list of attachments.

V. The procedure for settlements under an agreement on the maintenance and repair of in-house and (or) in-house gas equipment

57. Payment for the repair of in-house and (or) in-house gas equipment is carried out by the customer at the prices established by the contractor and effective on the date of receipt of the corresponding request from the customer for the repair.

58. Payment for the repair of in-house and (or) in-house gas equipment is carried out by the customer within the period stipulated by the agreement on maintenance and repair of in-house and (or) in-house gas equipment, and if such a period is not established by this contract, no later than the 10th the month following the month in which the work was performed (services were rendered).

59. Payment for the work performed (services rendered) for the maintenance of in-house and (or) in-house gas equipment is carried out by the customer, including in the form of a subscription fee within the time period stipulated by the agreement on maintenance and repair of in-house and (or) in-house gas equipment, and if such a period is not established by the specified agreement, no later than the 10th day of the month following the month in which the work was performed (services were rendered).

Vi. Grounds, procedure and conditions for changing, terminating the contract for the maintenance and repair of indoor and (or) indoor gas equipment

60. Amendments to the agreement on the maintenance and repair of in-house and (or) in-house gas equipment, including the list of equipment included in the in-house or in-house gas equipment, shall be formalized by concluding a written supplementary agreement to this agreement.

61. The customer who fully paid for the work performed (services rendered) for the maintenance and repair of in-house and (or) in-house gas equipment performed by the contractor under a contract concluded with him on maintenance and repair of in-house and (or) in-house gas equipment has the right to terminate such unilateral agreement in the following cases:

a) the termination of the agency agreement concluded with the owners of the premises of the apartment building, in whose interests the agreement was concluded with the contractor, if, when concluding the agreement on the maintenance and repair of indoor gas equipment, the management organization (partnership or cooperative) acted as an agent of the owners of the premises in apartment building;

b) termination of the gas supply agreement in the manner prescribed by the Rules for the supply of gas to meet the household needs of citizens, approved by Resolution of the Government of the Russian Federation No. 549 dated July 21, 2008, if the customer under an agreement on maintenance and repair of indoor gas equipment in relation to in-house gas equipment of home ownership is the owner of the home ownership;

c) termination of the gas supply agreement in the manner prescribed by the Rules for the supply of gas to meet the household needs of citizens, approved by Resolution of the Government of the Russian Federation No. 549 dated July 21, 2008, if the customer under an agreement on maintenance and repair of indoor gas equipment in relation in-house gas equipment of an apartment building is a management organization (partnership or cooperative), an individual entrepreneur or owners of premises in an apartment building;

d) termination of the gas supply agreement in the manner prescribed by the Rules for the supply of gas to meet the household needs of citizens, approved by Resolution of the Government of the Russian Federation No. 549 dated July 21, 2008, if the owner is the owner under the agreement on maintenance and repair of indoor gas equipment (user) premises in an apartment building;

e) termination of the obligation of the managing organization (partnership or cooperative) to maintain the indoor gas equipment of an apartment building - if the customer under the contract for the maintenance and repair of indoor gas equipment in relation to the indoor gas equipment of an apartment building is the managing organization (partnership, cooperative).

62. The contract for the maintenance and repair of indoor and (or) indoor gas equipment in the cases specified in paragraph 61 of these Rules is considered terminated from the day the contractor receives the corresponding written notification from the customer, provided that by the day of receipt of such notification, the work performed (services rendered ) for maintenance and repair of in-house and (or) in-house gas equipment are fully paid, or from the day following the day the specified conditions are met.

63. The Contractor has the right to unilaterally terminate the contract for the maintenance of indoor and (or) indoor gas equipment in case of termination of his obligation to transport gas to the apartment building (household) in which the specified equipment is installed, subject to the obligatory written notification of the customer no later than than 2 months before the day of termination of the contract.

Such an agreement is considered terminated upon the expiration of 2 months from the date of receipt of the specified notification by the customer.

The grounds and procedure for terminating the said agreement provided for in this clause do not apply to cases when liquefied petroleum gas is used as fuel for indoor or indoor gas equipment. In these cases, the unilateral termination of the contract for the maintenance and repair of in-house and (or) in-house gas equipment by the contractor is carried out on the grounds and in the manner prescribed by the Civil Code of the Russian Federation.

64. An agreement on the maintenance and repair of in-house and (or) in-house gas equipment may be terminated by the contractor at the request of the contractor in the event that the deadline for the outstanding payment of the work performed (services rendered) by the customer for the maintenance and repair of the in-house or intra-apartment gas equipment exceeds 6 consecutive months.

65. An agreement on the maintenance and repair of in-house and (or) in-house gas equipment may be terminated on other grounds stipulated by the legislation of the Russian Federation.

Vii. Responsibility of the consumer and the contractor under the contract for the maintenance and repair of in-house and (or) in-house gas equipment

66. The Contractor bears the civil liability established by the Civil Code of the Russian Federation, the Law of the Russian Federation "On Protection of Consumer Rights" and the agreement on maintenance and repair of indoor and (or) indoor gas equipment:

a) for violation of the quality of work (provision of services) for the maintenance and repair of in-house and in-house gas equipment;

b) for harm caused to the life, health and property of the customer due to a violation of the quality of work (provision of services) for the maintenance and repair of in-house and in-house gas equipment or failure to provide the consumer with complete and reliable information about the work performed (services provided);

c) for losses caused to the customer as a result of violation by the contractor of the customer's rights, including as a result of the conclusion of an agreement on the maintenance and repair of in-house and (or) in-house gas equipment containing conditions that infringe on the rights of the customer provided for by the Law of the Russian Federation "On Protection of Rights consumers "and these Rules.

67. The contractor who violated the quality of work (provision of services) for the maintenance and repair of indoor and (or) indoor gas equipment (including the timing of repair work, the frequency of maintenance work for indoor and (or) indoor gas equipment), is obliged to recalculate the amount of the customer's fee (if there is a corresponding request from the customer) for the work performed (services provided) downward, meaning the exclusion from this fee of the cost of those services (works) that were not performed properly or as a result of the performance which the proper result was not obtained, which leads to the repeated (unscheduled) carrying out of such work. In this case, the recalculation of the fee is carried out up to the complete release of the customer from its payment.

68. The contractor is released from liability for violation of the quality of work (provision of services) for the maintenance and repair of indoor and (or) indoor gas equipment, if he proves that such a violation occurred due to force majeure circumstances or through the fault of the customer. Force majeure circumstances do not include, in particular, violation of obligations by the contractor's counterparties or actions (inaction) of the contractor, including the absence of the necessary funds from the contractor.

69. Damage caused to the life, health or property of the customer as a result of a violation of the quality of work (provision of services) for the maintenance and repair of in-house and (or) in-house gas equipment or failure to provide the customer with complete and reliable information about the work (services provided) for maintenance and repair of in-house and (or) in-house gas equipment is subject to compensation by the contractor in full regardless of the fault of the contractor in accordance with Chapter 59 of the Civil Code of the Russian Federation.

70. If the contractor causes damage to the property of the customer, including the common property of the owners of premises in an apartment building, the contractor and the customer (or his representative) draw up and sign an act on damage to the property of the customer and (or) the common property of the owners of premises in the apartment building, containing a description of the damage caused and the circumstances in which such damage was caused.

The specified act must be drawn up by the performer and signed by him no later than the day following the day of the customer's appeal to the performer. If it is impossible to sign the act by the customer (or his representative), including due to his absence in the occupied premises, the act is signed, in addition to the executor, by 2 disinterested persons. The act is drawn up in 2 copies, one of which is transferred to the customer (or his representative), the second remains with the contractor.

71. The customer has the right to demand from the contractor, along with the recalculation of the amount of payment for maintenance and repair of in-house and (or) in-house gas equipment, payment of penalties (fines, penalties) in the cases and in the amount provided for by the Law of the Russian Federation "On Protection of Consumer Rights".

72. The customer's claims for payment of a forfeit (penalty) provided for by the Law of the Russian Federation "On Protection of Consumer Rights" or an agreement on the maintenance and repair of indoor and (or) indoor gas equipment are subject to satisfaction by the contractor on a voluntary basis. If the court satisfies the customer's requirements established by the Law of the Russian Federation "On Protection of Consumer Rights", the court collects a fine from the contractor for non-compliance with the customer's requirements on a voluntary basis in the amount of 50 percent of the amount awarded by the court in favor of the customer.

Payment of a forfeit (penalty interest) does not relieve the contractor from the obligation to perform (provide) the work (services) provided for in the contract.

73. The contractor is not entitled to perform additional work and provide services for a fee without the consent of the customer. The customer has the right to refuse to pay for such works (services), and if they have been paid for, the customer has the right to demand that the contractor return the amount paid.

74. The customer bears the civil liability established by the legislation of the Russian Federation and the agreement on maintenance and repair of in-house and (or) in-house gas equipment:

a) for violation of these Rules, which resulted in an accident, accident, as well as causing harm to life and health of people and the environment;

b) for non-payment, untimely payment or payment in incomplete amount of payment for the work performed (services rendered) under the contract;

c) for harm caused to the life and health of the contractor's employees and his property, life, health and property of other customers, other individuals and legal entities due to improper use and maintenance of in-house or in-house gas equipment.

75. Customers who untimely and (or) incompletely paid under the contract for the maintenance and repair of indoor and (or) indoor gas equipment for the work performed (services rendered) for the maintenance and repair of indoor and (or) indoor gas equipment, are obliged to pay to the contractor a penalty in the amount of one third of the refinancing rate of the Central Bank of the Russian Federation, in effect at the time of payment, from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment and ending with the day of actual payment of the debt, inclusive. An increase in the specified amount of the penalty is not allowed.

76. The harm caused by the customer to the life, health and property of the contractor or other customers as a result of improper use and maintenance of indoor and indoor gas equipment is subject to compensation by the customer in accordance with the rules provided for in Chapter 59 of the Civil Code of the Russian Federation.

VIII. Procedure and conditions for suspension of gas supply

77. In the event that the contractor receives information about the presence of a threat of an accident, gas leaks or an accident, including the receipt of such information in the course of work (rendering of services) for the maintenance and repair of in-house and (or) in-house gas equipment, the contractor is obliged to immediately to suspend the gas supply without prior notice to the customer. The presence of this threat is evidenced by the following factors:

a) lack of draft in chimneys and ventilation ducts;

b) lack of air flow in the amount required for complete gas combustion when using gas-using equipment;

c) malfunction or interference in the operation of the devices provided by the manufacturer in the design of gas-using equipment, allowing to automatically turn off the gas supply when the controlled parameters deviate beyond the permissible limits (if such intervention caused a malfunction of these devices) if it is impossible to immediately eliminate such a malfunction;

d) the use of in-house and (or) in-house gas equipment in the presence of a gas leak that cannot be eliminated during maintenance;

e) use of faulty, disassembled and not subject to repair in-house or in-house gas equipment;

f) unauthorized connection of in-house and (or) in-house gas equipment to the gas distribution network.

78. The Contractor has the right to suspend the gas supply without prior notice to the customer in the following cases:

( unauthorized gasification);

b) failure to comply with the written instructions issued by the housing supervision (control) bodies in a timely manner to eliminate violations of the maintenance of in-house or in-house gas equipment;

c) reorganization of indoor and (or) indoor gas equipment carried out in violation of the legislation of the Russian Federation, leading to disruption of the safe operation of this equipment, smoke and ventilation ducts of an apartment building or household.

79. In the presence of the factors provided for in paragraph 77 of these Rules, and the identification of cases provided for in subparagraphs "a" and "c" of paragraph 78 of these Rules, the contractor shall send a notification to the housing supervision (control) body, which is the basis for issuing an order to the customer to eliminate the identified violations with an indication of the time frame in which these violations must be eliminated.

Prior to the issuance of the specified order, the housing supervision (control) body has the right to verify the facts specified by the performer in the notification.

80. The Contractor has the right to suspend the gas supply with prior written notification to the customer in the following cases:

a) refusal of the customer 2 or more times in the admission of a specialized organization to carry out maintenance work on in-house and (or) in-house gas equipment (subject to the provisions provided for in paragraphs 48 - 53 of these Rules);

b) the absence of an agreement on the maintenance and repair of in-house and (or) in-house gas equipment;

c) the expiration of the standard service life established by the manufacturer for the indoor and (or) indoor gas equipment (separate equipment that is part of the indoor and (or) indoor gas equipment), and the absence of a positive conclusion based on the results of technical diagnostics of the specified equipment, and in case of extension of this period according to the results of diagnostics - the expiration of the extended service life of the specified equipment.

81. Prior to the suspension of the gas supply in accordance with paragraph 80 of these Rules, the contractor is obliged to send the customer 2 notifications about the upcoming suspension of the gas supply and its reasons. The suspension of gas supply is carried out no earlier than 40 days after sending the 1st notification and no earlier than 20 days after sending the 2nd notification.

82. Suspension of gas supply in the presence of the factors provided for in paragraph 77 of these Rules, and in the cases specified in paragraphs 78 and 80 of these Rules, is carried out on the basis of the principle of minimizing damage to individuals and legal entities.

83. Within one working day from the date of execution of technological operations to suspend the gas supply in the presence of the factors provided for in paragraph 77 of these Rules, and in the cases specified in paragraphs 78 and 80 of these Rules, as well as the resumption of gas supply after the elimination of the reasons that served as the basis to suspend it, the contractor notifies the gas supplier in writing of the date and reasons for the suspension (resumption) of gas supply.

84. The elimination of the reasons that served as the basis for the suspension of the gas supply is provided by the customer, who, after the elimination of such reasons, is obliged to inform the contractor about this.

The contractor, no later than one day from the date of receipt from the customer of information on the elimination of the reasons that served as the basis for the suspension of the gas supply, checks the compliance of this information with the actual circumstances and, upon confirmation of the customer's information, resumes the gas supply within a period not exceeding 2 days from the date of the specified inspection, but not earlier than the fulfillment by the customer of the provisions provided for in paragraph 86 of these Rules.

85. The costs of the contractor incurred in connection with the work on the suspension and resumption of gas supply are paid by the customer.

86. If the suspension of the gas supply to the customer did not lead to the impossibility of gas consumption by persons whose actions (inaction) are not related to the emergence of grounds for the suspension of the gas supply provided for in paragraphs 77, 78 and 80 of these Rules, the resumption of gas supply to this customer is made only after payment them of the works specified in paragraph 85 of these Rules.

87. Suspension and resumption of gas supply is formalized by the relevant act, which is drawn up in 2 copies (one for the customer and the contractor) and signed by the contractor's employees who directly carried out the work, and the customer (his authorized representative). The act must contain the following information:

a) the date, time and place of drawing up the act;

b) the name of the performer;

c) the name of the customer - a legal entity (surname, name, patronymic of the customer - an individual);

d) grounds for suspension (resumption) of gas supply;

e) a list of work performed, respectively, to suspend or resume gas supply;

f) date and time of execution of works, respectively, on suspension or resumption of gas supply.

88. If the customer refuses to sign the act specified in clause 87 of these Rules, a note is made in the act indicating the reasons for the refusal (if any). The customer has the right to state in the act a special opinion regarding the presence (absence) of grounds for suspending (resuming) the gas supply, or attach his objections to the act in writing, which is recorded in the act. The second copy of the act is handed over to the customer (his representative), in case of his refusal to accept the act - sent by mail with a receipt acknowledgment and a list of attachments.

89. Control over compliance with the provisions of these Rules is carried out by the housing supervision (control) bodies and subdivisions of the territorial bodies of the Federal Service for Environmental, Technological and Nuclear Supervision within the limits of their powers.

Appendix
to the Rules for the use of gas in
security parts
in use and content
in-house and
in-house gas
equipment when providing
utilities for
gas supply

Minimum list
work performed (services provided) for the maintenance and repair of indoor and (or) indoor gas equipment

	Job title	The name of the serviced object
1.	Visual inspection of the integrity and compliance with regulatory requirements (inspection) of indoor and (or) indoor gas equipment
2.	Visual check of the availability of free access (inspection) to the in-house and (or) in-house gas equipment	in-house and (or) in-house gas equipment
3.	Visual inspection of the condition of the paintwork and gas pipeline fasteners (inspection)	gas pipelines
4.	Visual check of the presence and integrity of the cases in the places of laying through the external and internal structures of apartment buildings and households (inspection)	gas pipelines
5.	Checking the tightness of connections and disconnecting devices (instrumental method, soaping)	in-house and (or) in-house gas equipment
6.	Functional check and lubrication of disconnecting devices	disconnecting devices installed on gas pipelines
7.	Disassembly and lubrication of valves
8.	Checking the operability of devices that automatically turn off the gas supply when the controlled parameters deviate beyond the permissible limits, adjusting and adjusting it	safety valves, gas control systems
9.	Regulation of the gas combustion process in all operating modes, cleaning the burners from contamination	household gas equipment
10.	Checking the gas pressure in front of gas-using equipment with all burners running and after stopping the gas supply	individual cylinder installation of liquefied hydrocarbon gases
11.	Replacement of cylinders for liquefied petroleum gases	group and individual cylinder installations of liquefied hydrocarbon gases
12.	Checking the presence of draft in the smoke and ventilation ducts, the condition of the connecting pipes with the smoke duct	smoke and ventilation ducts
13.	Instructing gas consumers on the safe use of gas in meeting household needs	household gas equipment

Changes to be made to the acts of the Government of the Russian Federation on safety issues during the use and maintenance of indoor and indoor gas equipment
(approved by the decree of the Government of the Russian Federation of May 14, 2013 No. 410)

1. In clause 5 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 "On approval of the Rules for the maintenance of common property in an apartment building and services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration "(Collected Legislation of the Russian Federation, 2006, No. 34, Art. 3680; 2011, No. 22, Art. 3168):

a) in the first paragraph, the words "and gas supply" shall be deleted;

b) add the following paragraph:

"The structure of the common property includes an in-house engineering gas supply system, consisting of gas pipelines laid from a gas source (when using liquefied hydrocarbon gas) or the point of connection of these gas pipelines to the gas distribution network up to the shut-off valve (shut-off device) located on the branches (drops) to the intra-apartment gas equipment, reservoir and (or) group cylinder installations of liquefied hydrocarbon gases designed to supply gas to one apartment building, gas-using equipment (except for gas-using equipment that is part of intra-apartment gas equipment), technical devices on gas pipelines, including regulating and safety valves, gas control systems in premises, collective (common house) gas meters, as well as gas meters recording the volume of gas used in the production of public services. ".

2. In the Rules for the supply of gas to meet the household needs of citizens, approved by the Decree of the Government of the Russian Federation dated July 21, 2008 No. 549 (Collected Legislation of the Russian Federation, 2008, No. 30, Art. 3635):

a) in the text, the words "agreement on maintenance of in-house gas equipment and emergency dispatch support" in the appropriate case shall be replaced by the words "agreement on maintenance and repair of in-house and (or) in-house gas equipment" in the corresponding case;

b) in paragraph 3:

paragraph six shall be replaced with the following text:

"indoor gas equipment":

in an apartment building - gas pipelines that are the common property of the owners of premises, laid from a gas source (when using liquefied hydrocarbon gas) or the point of connection of these pipelines to the gas distribution network to a shut-off valve (disconnecting device) located on branches (drops) to the indoor gas equipment, reservoir and (or) group cylinder installations of liquefied hydrocarbon gases designed to supply gas to one apartment building, gas-using equipment (except for gas-using equipment that is part of intra-apartment gas equipment), technical devices on gas pipelines, including control and safety valves, systems control of gas content in premises, collective (general house) gas meters, as well as gas meters recording the volume of gas used in the production of public services;

in households - located within the land plot on which the household is located, gas pipelines laid from a gas source (when using liquefied hydrocarbon gas) or the point of connection of these pipelines to the gas distribution network to gas-using equipment, reservoir and (or) group cylinder installations of liquefied hydrocarbon gases , designed to supply gas to one household, individual cylinder installations of liquefied hydrocarbon gases, gas-using equipment, technical devices on gas pipelines, including control and safety valves, gas control systems and gas meters; ";

after the sixth paragraph, add the following paragraph:

"intra-apartment gas equipment" - gas pipelines of an apartment building, laid from a shut-off valve (disconnecting device) located on branches (drops) to intra-apartment gas equipment, to household gas-using equipment located indoors, household gas-using equipment and technical devices on gas pipelines, including including control and safety valves, gas control systems, individual or general (apartment) gas meter; ";

the eighth paragraph shall be stated in the following edition:

"home ownership" - a residential building (part of a residential building) and (or) adjoining and (or) detached outbuildings (garage, bathhouse (sauna, swimming pool), greenhouse ( winter garden), premises for keeping livestock and poultry, other objects); ";

in the ninth paragraph, the words "or having entered into an agreement on the provision of emergency dispatch services" shall be excluded;

c) in the fourth paragraph of clause 4, the word "individual" shall be deleted;

d) in clause 8:

in subparagraph "a" the word "individual" shall be deleted;

subparagraph "g" after the word "intra-house" shall be supplemented with the words "or intra-apartment";

e) in clause 9:

in subparagraph "e" the word "individual" shall be deleted;

in subparagraph "g" the word "individual" shall be deleted;

subparagraph "z" after the word "intra-house" shall be supplemented with the words "or intra-apartment";

f) clause 12 after the word "in-house" shall be supplemented with the words "or in-house";

g) in subparagraph "a" of paragraph 13 and subparagraphs "e" and "g" of paragraph 15, the word "individual" shall be deleted;

h) subparagraph "k" of paragraph 21 shall be stated in the following edition:

"j) ensure the proper technical condition of in-house and (or) in-house gas equipment, timely conclude an agreement on the maintenance and repair of in-house and (or) in-house gas equipment";

i) in subparagraph "c" of paragraph 22 the word "half-year" shall be replaced by the word "year";

j) clause 29 after the word "in-house" shall be supplemented with the words "or in-house";

k) in subparagraph "d" of paragraph 33, the word "individual" shall be deleted;

l) in subparagraph "in" of paragraph 34 and subparagraph "in" of paragraph 35, the word "individual" shall be deleted;

m) subparagraph "e" of paragraph 45 after the word "intra-house" shall be supplemented with the words "or intra-apartment";

o) in paragraph 47:

subparagraph "b" shall be stated as follows:

"b) failure of indoor or indoor gas equipment or gas leakage from indoor or indoor gas equipment;";

subparagraph "c" after the word "intra-house" shall be supplemented with the words "or intra-apartment";

o) in the second sentence of paragraph 48 and the second sentence of paragraph 49:

after the words "to connect intra-house" add the words "or intra-apartment";

p) in paragraph 51:

the first sentence should be supplemented with the words ", or the costs associated with the work to disconnect the gas equipment in the apartment from the gas equipment in the house";

second proposal:

after the words "disconnecting the intra-house" add the words "or intra-apartment";

after the words "service in the building" add the words "or in the apartment";

the third proposal shall be stated in the following wording: "The contract shall be deemed terminated from the day the in-house gas equipment is disconnected from the gas distribution (connected) network or from the day the in-house gas equipment is disconnected from the network that is part of the in-house gas equipment, which is confirmed by an act on the disconnection of indoor or in-house gas equipment respectively from the gas distribution (connected) network or from the network that is part of the domestic gas equipment, signed by the parties with the obligatory indication of the date of shutdown. ";

c) paragraph 57, after the word “in-house”, shall be supplemented with the words “or in-house”.

3. In the tenth and twenty-first paragraphs of clause 2 of the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (Collected Legislation of the Russian Federation, 2011, No. 22, Art. . 3168; 2012, No. 23, Art. 3008; No. 36, Art. 4908), exclude the word "natural".

Document overview

The procedure for the use of gas has been determined in terms of ensuring the safe use and maintenance of in-house and in-house gas equipment when providing utility services for gas supply.

The requirements for the organization of safe use and maintenance of gas equipment are given. The latter are provided through the implementation of the following set of works (services).

First, maintenance and repair of indoor and (or) indoor gas equipment. The minimum list of relevant works (services) has been fixed.

Secondly, emergency dispatching support. Third, technical diagnostics of gas equipment. Fourth, the replacement of equipment.

A prerequisite for the safe use of gas equipment is the proper maintenance of smoke and ventilation ducts of residential premises and apartment buildings.

The procedure and conditions for the conclusion and execution of an agreement on the maintenance and repair of in-house and (or) in-house gas equipment are prescribed, including the rights, obligations and responsibilities of the parties, as well as the procedure for settlements under the agreement.

The procedure and conditions for the suspension of gas supply have been determined. There are cases when the contractor is obliged to suspend the gas supply, and when he has the right to do it at his own discretion (both with prior notification of the customer and without it).

In addition, amendments have been made to a number of acts of the Government of the Russian Federation. These are the rules for maintaining common property in an apartment building; gas supplies to meet the household needs of citizens; provision of communal services to owners and users of premises in apartment buildings and residential buildings.

In accordance with the "Methodological guidelines for the regulation of retail prices for gas sold to the population", approved by the Order of the Federal Tariff Service of the Russian Federation of 23.11.2004. 194-e / 12 and Information Letter of the Federal Tariff Service No. СН-3765/9 dated June 23, 2005, the expenses of gas distribution organizations for the maintenance of VDGO since 2006. were no longer taken into account when approving retail prices for natural gas sold to the population. Thus, retail prices for natural gas sold to the population currently do not include the cost of technical and repair and application services for VDGO, therefore the cost of services (work) for maintenance of VDGO does not depend on the volume of natural gas consumed.

The methodology for calculating the cost of services for the technical operation of VDGO is the same for all specialized organizations that provide these services on the territory of the Russian Federation. The methodology is based on the "Approximate price list for gas facilities services for the maintenance and repair of gas distribution systems", developed by the head research and design institute of the gas industry - JSC "GiproNIIgaz", put into effect by the Order of JSC "Rosgazifikatsiya" dated 20.06.2001. 35.

The cost of services under the contract is determined based on the list and quantity of gas equipment in the house.

Payment for the work performed (services rendered) for the maintenance of the VDGO and (or) VKGO is carried out by the customer, including in the form of a subscription fee, within the time period stipulated by the agreement on maintenance and repair of the VDGO and (or) VKGO, and if such a period is not established by the said contract, not later than the 10th day of the month following the month in which the work was performed (services were rendered).

Why do residents of apartment buildings who have chosen the method of managing the management organization pay for the maintenance of the VDGO based on the number of meters of the total area of ​​their living quarters?

In accordance with Article 154 of the RF LC, the structure of the payment for a dwelling for a tenant or for an owner of a room in an apartment building includes, among other things, payment for services and work on the maintenance and repair of common property in an apartment building. VDGO refers to the common property of an apartment building belonging to all owners of premises on the basis of common shared ownership and intended for use by all residents.

The share of each resident cannot be allocated in kind and is proportional to the size of the total area of ​​the premises occupied by the owner, but to the calculation unit of the housing sector, established on the basis of the "Methodological Recommendations for the Financial Justification of Tariffs for the Maintenance and Repair of Housing Stock" (approved by order of the Gosstroy of Russia 28.12. 2000 303), is one square meter of total housing area.

These recommendations were developed by the State Unitary Enterprise "Center for Rationing and Information Systems in Housing and Communal Services" (TsNIS), which performs the functions of the Federal Center for Pricing and Tariff Policy in Housing and Communal Services of the Russian Federation, and approved by the Scientific and Technical Council of the Gosstroy of Russia (Protocol 01 -NS-31/4 from 27.10.2000).

In addition, in accordance with Art. 156 of the Housing Code of the Russian Federation, payment for the maintenance and repair of residential premises is set in an amount that ensures the maintenance of common property in an apartment building in accordance with the requirements of the law.

According to Art. 158 of the Housing Code of the Russian Federation, the owner of the premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance and repair of the residential premises. From which it follows that the payment for a dwelling is made on the basis of the occupied total area (in separate rooms in dormitories, based on the area of ​​these rooms) of the dwelling.

The amount of payment for the use of residential premises (rent), payments for the maintenance and repair of residential premises for tenants of residential premises under social tenancy agreements and agreements for the lease of residential premises of the state or municipal housing stock, as well as for owners of residential premises who have not made a decision on the choice of the method of management of an apartment building are established by local authorities.

Thus, the norms of the current legislation regulate the procedure for charging fees for the maintenance of the VDGO, namely, from one square meter of the total area of ​​the living space. These norms are imperative and do not contain any other option for determining the amount of payment for residential premises.

Why is it worth concluding a comprehensive contract?

The contractor under the contract for maintenance of the VDGO, in any case, is forced to go to the apartments to service the common property, because the first shut-off and control valves at the outlets of the in-house wiring from the risers are located in front of the devices directly in the apartments.

In addition, to the owners (tenants) of apartments in a residential building in accordance with the requirements of the Rules for the supply of gas to meet the household needs of citizens, approved by the Decree of the Government of the Russian Federation of July 21, 2008 No. 549, it will be necessary to conclude individual contracts for the maintenance and emergency dispatching of the VDGO apartment.

The presence of a contract for the maintenance of in-house gas equipment will not release the owner (tenant) of the premises in an apartment building from the obligation to pay for the maintenance of the common property of the house as part of the receipt for payment for the services of the managing organization, which increases the financial burden on the subscriber.

For example, the owner of an apartment with an area of ​​30.5 sq. m must pay the cost of maintenance services for the VDGO, which is part of the common property in an apartment building, in the amount of 30.5 sq. m × 0.96 kopecks. = 29.28 rubles, as well as in addition, within the framework of a separate agreement, the cost of services for technical and repair and application maintenance of intra-apartment gas equipment.

The cost of services under a contract for the maintenance of the gas equipment of an apartment equipped with a four-burner gas stove, an instantaneous water heater and a household gas meter is 62.90 rubles. per month and consists of the cost:

• Maintenance of a high-comfort gas stove (equipped with an electric ignition, safety automation) - 17.95 rubles,
• Maintenance of a flow-through automatic water heater - 26.60 rubles,
• Maintenance of 2 gas taps in front of gas appliances - 11.60 rubles.,
• Maintenance of threaded connections of a gas pipeline to a gas metering device - 4.20 rubles.
• Repair and application maintenance of an apartment - 2.55 rubles.

The total monthly payment will be 29.28 + 62.90 = 92.18 rubles.

The calculation was made in prices valid from 01.07.2017.

From practice it is reliably known about the impossibility of 100% concluding contracts, while potentially the most hazardous apartments (asocial citizens) will remain without maintenance, which can lead to emergencies that threaten the life and health of not only these citizens, but also their neighbors, since according to statistics, up to 90% of all accidents occur precisely on in-house gas equipment.

In addition, stopping the gas supply without entering the apartment will only be possible by disconnecting the risers in the entrances, including with apartments that have a contract. This will lead to massive blackouts, which will obviously create social tensions. As a consequence, the goal of achieving trouble-free operation will largely be missed.

Gas supply is one of the types of public services, and nowadays it is difficult to imagine life without gas. But you need to remember that gas is a source of increased danger, gas supply to a residential building is often associated with accidents, including human casualties.

The causes of accidents are, as a rule, improper operation of gas equipment or its unsatisfactory condition. At present, the issue of safe operation of gas equipment is very acute, the improvement of legislation in this area is in full swing. Details are in the article.

Development of legislation on the operation of gas equipment

In Soviet times, the maintenance of gas equipment in general was carried out by gas distribution organizations.

In 1993, the corporatization of gas facilities began (see. Order of the State Property Committee of the Russian Federation dated April 30, 1993 No.  765-p "On the privatization of gas facilities in the Russian Federation"). At the same time, only distribution gas pipelines were subject to privatization, and in-house gas equipment (hereinafter referred to as VDGO) was not transferred to anyone on the balance sheet, that is, it actually turned out to be ownerless. Nevertheless, gas distribution organizations continued to monitor the technical condition of the VDGO, since the gas tariff for the population included the cost of servicing it. In a difficult economic situation
In the 1990s, there could be no question of the planned replacement of worn-out domestic gas networks and gas equipment.

Later in Federal Law of 21.07.1997 No.  116-ФЗ "On industrial safety of hazardous production facilities" gas equipment of residential buildings was not included in the list of hazardous production facilities. In addition, in 2003, the Safety rules for gas distribution and gas consumption systems approved by Resolution of the Gosgortekhnadzor of the Russian Federation of March 18, 2003 No.  9 , v p. 1.1.5 of which it is indicated that their effect does not apply to the gas equipment of residential buildings. Thus, with regard to the safe operation of VDGO, a complete legal vacuum has come.

In accordance with Rules and regulations for the technical operation of the housing stock approved by Resolution of the State Construction Committee of the Russian Federation of September 27, 2003 No.  170 , organizations - balance-holders of the housing stock are obliged to conclude contracts for the maintenance of VDGO with specialized organizations ( p. 5.5.6). Nevertheless, the majority of municipalities refused to conclude these agreements, citing a budget deficit.

With the enactment of the Housing Code of the Russian Federation (03/01/2005), the functions of providing end-users with gas were transferred to HOAs and management companies, which often, out of savings, hire firms to service VDGO that have neither experience, nor competent personnel, nor the necessary equipment.

It is established that gas supply to a consumer living in a residential building is carried out subject to proper maintenance and repair of VDGO by a specialized organization ( p. 95). At the same time, it is provided that in the event of termination (termination) by the consumer of the agreement on the maintenance and repair of the VDGO, it is allowed to suspend the gas supply ( p. 97).

Numerous accidents, provoked, among other things, by gaps in the legislation on the operation of gas equipment, led to the adoption of another regulatory legal act - Of the Gas Supply Rules that regulate the relationship between gas suppliers and consumers.

Basic concepts of the Gas Supply Rules

In accordance with Clause 3 of the Gas Supply Rules VDGO are gas pipelines of an apartment building or residential building connected to a gas distribution network or to a tank or group cylinder installation, providing gas supply to the point of connection of gas-using equipment, as well as gas-using equipment and gas meters.

The parties to the gas supply agreement are the gas supplier and the subscriber.

Gas supplier - a gas supplying organization that is a party to the contract, which is obliged to supply the subscriber with gas of proper quality.

Subscriber - the party to the contract, obliged to accept the supplied gas and pay for it. A subscriber can be an individual (citizen), including the owner (tenant) of a residential building, who purchases gas to meet personal, family, household and other needs not related to entrepreneurial activity, or a legal entity (management organization, HOA, housing cooperative, housing and other specialized cooperative), which purchases gas as a communal resource to provide citizens with communal services for gas supply.

Such a scheme of contractual relations for the supply of gas fully coincides with the requirements, according to which the utility service provider is obliged to conclude contracts with the RNO on the purchase of utility resources in order to provide utility services to consumers ( nn. "C" p. 49).

Gas supply rules also define the concept "Specialized organization" is a gas distribution organization admitted in the manner prescribed by the legislation of the Russian Federation to carry out maintenance activities for the VDGO and having an emergency dispatch service or having entered into an agreement on the provision of emergency dispatch services.

Procedure for concluding a gas supply agreement

To conclude an agreement, the HOA or another organization that manages an apartment building must send an offer to the gas supplying organization (an application for concluding an agreement) ( Clause 7 of the Gas Supply Rules).

The information that must be indicated in the offer is listed in Clause 8 of the Gas Supply Rules... So, it is necessary to indicate that it is supposed to supply gas to an apartment building consisting of residential and non-residential premises with such and such an area, such a number of owners. You also need to name the types of gas consumption, the composition of gas-using equipment, provide information about the gas meter (if there is one at the entrance to the house); information about citizens who have benefits and other measures of social support for paying for gas; details of the act on the definition of the boundaries of the division of ownership.

In addition, the offer must be accompanied by:

Certified copies of constituent documents;

The power of attorney of the representative or other document confirming the powers of the representative (for example, the charter for the chairman of the board of the HOA);

Documents confirming the size of the total area of ​​the premises in the house (technical passport);

Documents confirming the number of persons living in the house (certificates);

Documents confirming the composition and type of gas-using equipment included in the VDGO, and the compliance of this equipment with the technical requirements established for it;

Documents related to the gas meter at the entrance to the house;

A copy of the VDGO maintenance agreement;

Documents confirming the provision of social support measures to citizens for gas payments;

A copy of the act on the definition of the border of division of property.

Within a month, the gas supply organization considers the applicant's offer and makes a decision ( clause 11 of the Gas Supply Rules). The gas supplier has the right to refuse to conclude an agreement on the grounds specified in p. 13 the document in question:

The applicant does not have VDGO, namely a gas pipeline, gas-using equipment or gas meters ;

The applicant has no contract for the maintenance of VDGO;

The supplier does not have the technical ability to supply gas;

Submission of not all documents or false information.

The contract is concluded for an indefinite period ( Clause 14 of the Gas Supply Rules). In case of refusal to conclude an agreement, the gas supplying organization sends a reasoned notification to the applicant.

Maintenance agreement VDGO

Gas supply rules exclude the possibility of concluding a gas supply agreement in the absence of a VDGO maintenance agreement. As noted earlier, a copy of the VDGO maintenance agreement and emergency dispatch support should be attached to the offer sent to the gas supplying organization, and the absence of a VDGO service agreement is one of the reasons for refusing to conclude a gas supply agreement ( nn. "K" p. 9 and nn. "B" clause 13 of the Rules for the supply of gas).

Recall that Utility rules impose on the contractor of utilities the obligation to maintain the internal engineering systems. And in this sense Gas supply rules they do not contain innovations. Nevertheless, it seems that, being guided only by Rules for the provision of utilities, gas supplying organizations previously could not refuse to supply gas to management organizations and HOAs. That is why only with the release of Of the Gas Supply Rules the organizations that manage the apartment buildings “fuss” and urgently began to conclude contracts with specialized organizations.

The increased risk of CVD plays a key role. The absence of agreements on the maintenance and repair of gas equipment poses a threat to the safety of the vital interests of the individual, society and the state, since an emergency in the VDHO system can entail human casualties, damage to human health, and significant material losses.

Parties to the contract

The contract for the maintenance of the VDGO and emergency dispatching support is concluded between the subscriber and a specialized organization. The definition of the concept of a specialized organization contains an indication that it must be allowed to carry out activities in accordance with the procedure established by the law of the Russian Federation. However, this procedure has not been approved ( Clause 4 of the Decree of the Government of the Russian Federation of July 21, 2008 No.  549 imposes on the Ministry of Regional Development of the Russian Federation the obligation to approve the procedure for the maintenance and repair of the VDGO). The licensing of maintenance and repair activities of the VDGO was canceled due to the adoption Federal Law of 08.08.2001 No.  128-FZ "On licensing of certain types of activities".

However, according to Clause 3 of the Gas Supply Rules a specialized organization means a gas distribution organization. In turn, due to nn. "B" clause 2 of the Rules for the use of gas and the provision of gas supply services in the Russian Federation approved Decree of the Government of the Russian Federation of 05.17.2002 No.  317 , the gas distribution organization operates the gas distribution system and provides services related to the supply of gas to consumers (the owner of the gas distribution system or a person who has entered into a contract with the owner for its operation).

As for the subscriber, it means a utility service provider whose duties include concluding a gas supply contract. Note that a citizen can enter into a contractual relationship with a specialized organization only if it is about servicing the VDGO of an individual residential building. Even if the owners of premises in an apartment building have chosen direct management, a maintenance contract for the VDGO must be concluded on behalf of all owners. The conclusion of an agreement on the maintenance and repair of a part of the common property in the house by each owner is not possible.

Terms of an agreement

The procedure for maintaining and repairing VDGO should clarify the indicated issue, the responsibility to approve which is assigned to the Ministry of Regional Development of the Russian Federation. Given that the maintenance of the VDGO is aimed at ensuring safety and prevention of accidents, it seems that the contract should establish reasonable terms for the inspection of the VDGO.

Must have an emergency dispatch service or conclude an agreement on the provision of emergency dispatch services ( p. 3);

Must dismantle gas metering devices for calibration or repair ( p. 29);

Has the right to give opinions on the state of VDGO ( nn. "C" p. 47);

May take part in the inspection ( p. 57).

The relationship of the parties under the gas equipment maintenance agreement is complicated by the fact that VDGO includes both equipment that is the common property of the owners of premises in an apartment building, and property located directly in the apartment of citizens. What to do, for example, if the owner does not allow employees of a specialized organization into the living quarters to check the condition of gas-using equipment and metering devices? Responsibility of citizens is not provided, therefore, it remains only to rely on their conscientiousness.

The procedure for concluding a contract

The legislation does not provide for any specifics of the conclusion of the treaty in question. It seems that the subscriber must apply to a specialized organization with an application, provide the information required by the counterparty, and sign an agreement for a specified period.

What measures should the HOA and the managing director take before signing an agreement with a specialized organization? First of all, the question arises: should I ask the consent of the tenants at the general meeting?

Choosing one or another method of house management, the owners of the premises in the house trust the HOA or the managing organization. In this case, the partnership and the management company have the right to independently determine how to manage the house (for example, with which contractor to enter into an agreement). Consequently, the consent of the general meeting to conclude a specific agreement is not required.

Fulfillment of obligations under the VDGO maintenance agreement and emergency dispatch support is associated with certain costs (payment for services under the agreement). With any method of management, this amount is paid by the owners of the premises in the house. Within the meaning of housing legislation, the costs of maintaining and repairing common property in the house must be agreed with the owners. Thus, for the legitimacy of the collection of sums from tenants in payment for the services of a specialized organization, the costs associated with the conclusion and execution of the contract in question must be approved at the general meeting.

We recall that in accordance with clause 5 of Art. 46 LCD RF the decision of the general meeting of owners of premises in an apartment building is mandatory for all owners, including those who did not take part in the voting (or voted against). This means that in case of approval at the general meeting of the costs for the execution of the VDGO maintenance contract, all owners, regardless of their will, will have to bear these costs.

Where should the incurred costs be included?

The price of the VDGO maintenance contract is a key condition. There is no need to say much about the fact that an increase in gas supply fees due to the addition of gas equipment maintenance fees to gas payments can cause a negative reaction from the owners, who are already burdened with utility bills. In addition, there is no reason to include the cost of maintenance in the retail gas price structure (see. Information letter of the Federal Tariff Service of the Russian Federation of 23.06.2005 No.  SN-3765/9).

The service of the VDGO is undoubtedly part of the services and works for the maintenance and repair of common property in an apartment building. Consequently, the conclusion of an agreement with a specialized organization will entail an increase in the amounts on this line of the payment document. The increase in costs in this case must be authorized by the general meeting of the owners.

It is also not prohibited to include a new line "Service VDGO" in the receipt. Moreover, in the case of the conclusion of a maintenance agreement for the VDGO on the exclusive initiative of the HOA or UO, the appearance of a new line in the payment document seems to be the most preferable.

To conclude or not to conclude?

What if the majority of owners are against concluding a contract and do not want to pay the resulting costs?

If the managing organizations and the HOA on their own initiative enter into a service agreement for VDGO, they bear the risk of losses due to the fact that the owners are not obliged to pay them a fee for servicing the HOA in the absence of a special decision of the general meeting of owners (HOA members). When considering a case in court, partnerships and managing organizations should draw the court's attention to the fact that gas supply to an apartment building is excluded in the absence of a VDGO maintenance agreement.

V By the Resolution of the FAS ZSO dated 28.05.2009 No.  F04-3101 / 2009
(7364 ‑ A46-31) it was rightly noted that the management company is obliged to conclude contracts for the maintenance of the VDGO in order to avoid creating a threat of a man-made emergency.

Failure to conclude a service agreement for VDGO by the partnership and the management organization threatens with administrative liability for Art. 7.22 of the Code of Administrative Offenses of the Russian Federation for violation of the rules for the maintenance and repair of residential buildings and (or) residential premises. The sanction of this article provides for an administrative fine for officials in the amount of 4,000 to 5,000 rubles; for legal entities - from 40,000 to 50,000 rubles. ( Resolution of the FAS PO dated 24.02.2009 No.  А12-15498 / 2008).

Organizations that manage apartment buildings should carry out explanatory work in order to convey to the owners the need to conclude an agreement with specialized organizations for their own safety.

New act - old problems

The absence of an agreement on the maintenance of the VDGO and emergency dispatch support, concluded with a specialized organization, is one of the grounds for stopping the gas supply ( nn. "E" clause 45 of the Rules for the supply of gas, nn. "B" clause 97 of the Rules for the provision of utilities). And in the event of the termination of the gas supply, the owners of the premises in the house have the right to demand that the managing organizations fulfill their duties in court.

It must be said that the norms governing the procedure and conditions for the suspension of the execution of an agreement are in conflict with the norms Of the Rules for the Provision of Utilities regulating the procedure for stopping gas supply.

For example, a gas supplier has the right to suspend the fulfillment of obligations under the contract in the event of non-payment or incomplete payment for the consumed gas within three billing periods in a row (three months) ( nn. "C" clause 45 of the Gas Supply Rules), and the utility service provider has the right to stop supplying gas to consumers if the consumer has arrears in payment for services in excess of six monthly fees ( nn. "A" clause 80 of the Rules for the provision of utilities).

Once again, we return to the question of the possibility of using Of the Rules for the Provision of Utilities to the relationship between utility service providers and resource supplying organizations. There is no definite answer. In practice, the issue is not resolved, but in theory, the utility service provider has the right to demand the establishment of parity, corresponding Rules for the provision of utilities terms of contracts with resource supplying organizations by agreement of the parties, and in the absence of such an agreement - in court (see. Letter from the Ministry of Regional Development of the Russian Federationdated 13.02.2007 No.  2479-RM / 07). The existing difficulties caused by the competition of rules have yet to be resolved by the arbitrators.

In conclusion, I would like to note that big changes are coming in the field of servicing gas equipment. It is supposed to return state control over the state of the equipment. The activities of specialized organizations are planned to be licensed again. Perhaps the powers of the HOA and the MA in the service sector of the VDGO will be limited. Experts also propose to share the burden of maintaining VDHE between the owners of the premises and the state. To be or not to be such changes - time will tell. But already now it can be stated that the gas economy needs updating - both physically and normatively.

Rules for the supply of gas to meet the household needs of citizens, approved. By Decree of the Government of the Russian Federation No. 549 dated July 21, 2008. Let us add that the supply of gas for other purposes is still governed by the Rules for the supply of gas to the Russian Federation, approved by the Resolution of the Government of the Russian Federation No. 162 of 05.02.1998.

In the case when the application is submitted for the purpose of purchasing gas for the provision of public utilities to citizens. In this situation, a gas supply agreement is concluded with each owner separately.

On the official website of the Ministry of Regional Development of the Russian Federation on the Internet, you can familiarize yourself with the draft of this document, as well as with the draft Methodological Recommendations on the Application of the Gas Supply Rules.

See article “Supply of utility resources: restriction, termination”, No. 7, 2009.

Gas / Gasification and gas supply

Who and why makes residents, under the threat of large fines and gas cutoffs, force them to conclude contracts for the maintenance of gas equipment? The Moscow Region edition "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.

Gas equipment maintenance contract: what does the law say?

As Kolomenskaya Pravda writes, worried readers have started calling the editorial office lately.

“My friends from Pesochnaya and Dachnaya streets received letters demanding to conclude a contract for the maintenance of gas equipment,” says Tatyana ALEKSANDROVA from Kolomchanka. - The letters say that for the absence of a contract, they face a substantial fine, or, in extreme cases, cut off the gas. They were terribly outraged by these demands. I'm worried myself: I have a private house on Tolstikova Street, with an AOGV and a gas water heater. What should I do in order not to be left without gas?

First of all, it is worth understanding the legal requirements. According to the decree of the government of the Russian Federation of May 14, 2013, the number one condition for the safe use of indoor and indoor gas equipment (AOGV, gas stoves, gas pipelines, gas metering devices) is regular (at least once every three years) maintenance and repair of this very equipment.

To carry them out, you need to conclude 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 hurry to conclude it. Most of our citizens were completely unaware of the existence of the document.

Everything changed when the federal law of December 5, 2016 came into force, which made several amendments to the Code of Administrative Offenses. Now, for the absence of a maintenance contract, you will have to pay in rubles, and not only for ordinary residents of apartment buildings and private houses, but also for officials and legal entities. Specialized organizations (first of all, "Mosoblgaz") revived and began to offer their services to the population.

Who has the right to conclude contracts for the maintenance of gas equipment?

Whom to choose? Mosoblgaz is a proven company, but it is not a monopoly in this area. The law of May 14, 2013 explicitly states that an organization that transports 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.

The search on the Internet at first disappointed: the search engine gave out a list of organizations that are engaged only in the maintenance of gas boilers in boiler rooms. However, after making a couple of calls, I found out that they also conclude contracts for the maintenance of 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 the consumer an application for the conclusion of a contract. If he does not give any answer to it within 30 days, or refuses to conclude an agreement on grounds not provided for by the decree of May 14, 2013, the organization has the right to sue him in order to force him to conclude an agreement.

Another important point: after concluding a maintenance agreement with a private company, you must send a copy of it to the local branch of Mosoblgaz. If you do not do this, you can be left without gas.

Is it possible not to conclude a contract, but pay fines for its absence?

How often and how much you have to pay maintenance fees depends on the equipment. For the stove and meter - most often once every three years, for a gas boiler - as a rule, once a year. The amount is calculated depending on the manufacturer's passport, which indicates the timing of the mandatory maintenance, and the condition of the equipment.

For those who believe that it is cheaper to pay fines periodically than to pay regularly for maintenance of equipment, the law provides for another measure of influence. They will simply turn off the gas. Or they 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 the gas.

Roman N., resident of Kolomensky district:

- Last winter, our AOGV went out of order (the gas burner was clogged with soot). 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 concluded a maintenance contract with them. I had to ask for help from an acquaintance who once worked in a specialized organization, he quickly repaired everything. Now we are drawing up a contract for the maintenance of equipment, so that in a critical situation we will not be left without help.

Almost every individual building has gas-powered equipment. Blue fuel is one of the cheapest. That is why, when installing autonomous heating systems, the owners of private houses in the overwhelming majority of cases prefer to install gas boilers. But this requires periodic maintenance of gas equipment in a private house.

Do you need a contract or not?

Today we will consider issues related to this procedure. But before dwelling on the technical side of the matter, let us clarify whether there is a need for mandatory maintenance of gas equipment in a private house? Is it always required from "private traders" to conclude contracts for it?

There are opposite views on this matter. Someone considers it mandatory, others are of the opinion that the main thing here is the owner's desire. Let's try to clarify. In the Resolution of the Government of the Russian Federation No. 549, issued in 2008, it is said that the right of a resource supplying organization (that is, gas workers) is to stop the supply of gas in the absence of such a document.

This is where the confusion comes from. In this case, it means a valid contract, that is, drawn up before the date indicated above and not invalidated according to the term. If there is a valid contract, the owner is not obliged to sign a new one. But if there is none, it is required to be concluded.

This must be done at least for security reasons. Gas technology refers to equipment of an increased level of complexity. It is subject to proper maintenance or self-repair only by a person who is a professional in this field. Ordinary citizens are not able to carry out high-quality technical equipment in private houses, not knowing all its techniques and nuances.

What is checked during maintenance

This procedure includes a number of complex technological operations. What exactly needs to be checked when servicing gas equipment in a private house?

With the help of gas analyzers, the masters monitor the tightness of the line, not relying on their own sense of smell. Checking is subject to checking the operability of the equipment, that is, its technical condition in all modes that are provided. They are interested in the degree of deterioration of all components and their suitability for subsequent operation. For this, the equipment is completely or partially disassembled and inspected in order to identify signs of resource depletion.

You can check the readiness of protection systems by making them work in conditions that simulate various emergency situations.

Be on the lookout

All the available set of gas boilers differ not only in brand, appearance and set of parameters, but also in their design solutions. And therefore, for the maintenance of a specific model, the list may differ from another similar one.

That is why it makes no sense to give an exact list of operations. But it is necessary to know the approximate composition of them in order to monitor the conscientiousness of the actions of a specialist. The list of necessary operations is given in the documentation supplied with the unit.

Who is the contract for the maintenance of gas equipment in a private house?

This question is one of the most important. The best option would be to conclude it with the organization that supplies gas. In this case, all claims identified during the inspection of the system will be presented by its employees to their colleagues. Suppliers usually have their own service departments.

Sometimes it is more convenient to conclude an agreement with the structure that works in close connection with the boiler supplier. This option is preferable for where calling gas workers sometimes turns into a problem.

There are also firms specializing in providing such services. And in this, and in the previous case, a number of important points should be clarified: does such a structure have certification not for the maintenance of gas equipment as a whole, but for specific brands of products. You should also inquire about the material base of the contractor.

What else is important

The availability of good specialists who can assemble and disassemble the unit and identify a malfunction is not enough. Sometimes it is impossible to do without complicated and expensive equipment - it is impossible to perform some of the work on maintenance of gas equipment in a private house "on the spot".

For example, we can talk about cleaning the internal cavities of heat exchangers. If your device is included in the warranty period, inquire about the right to organize maintenance during this period. You should also be interested in the deadlines in which applications are fulfilled and the warranty periods after repairs.

It will also be useful to collect feedback from people who have experience of cooperation with this organization. And also important factors are the price of servicing gas equipment in a private house and the list of those services that are free. Before making a choice, it is helpful to compare conditions with those in other organizations.

The price of the issue

Unfortunately, within the framework of a separate article, we cannot provide the reader with detailed information regarding the specific rates of a particular supplier organization. As already mentioned, due to competition in the era of a market economy, the number of providers of such services is not one or two. And each of them has a price list consisting of a long list of items.

You can navigate this issue by comparing the prices of private suppliers with those that can be found on the website of Gazprom Gazoraspredeleniye, which is familiar to all of us and is the most demanded, according to a single price list for the population. To give the entire list of tariffs (23 sheets), we repeat, we are not able to - the reader can easily find the relevant information by visiting the supplier's office or the corresponding Internet resource.

But for a general orientation, we will give typical prices for maintenance of intra-house or intra-apartment gas equipment. The exact amount contained in the contract will depend on the composition of household equipment that is used in each specific case (gas stove, gas flowing water heaters, gas meter, gas valve, etc.). The cost of maintenance services is:

• for the hob - 334.74 rubles;
• for the oven - 203.56 rubles;
• for a stove with two burners - 334.74 rubles, with three - 389.02 rubles, four - 443.31 rubles;
• for a water heater - 890.06 rubles;
• for a boiler with a power of up to 30 kW - 913.37 rubles, from 31 to 60 kW - 1079.87 rubles, from 61 to 140 kW - 1079.87 rubles.

Remember that, as with any area of ​​service delivery, there is a phenomenon called unhealthy competition. It is customary among organizations to drag customers out, taking advantage of the ignorance of the population in technical issues and sometimes even resorting to intimidation. If you have an unexpired document, it makes sense to call those with whom you currently have a contract for servicing gas equipment in a private house (the phone number of gas workers should always be at hand). You will inform them about the visit of competitors and new offers.

Sometimes service representatives put forward more than persistent proposals to renegotiate the contract due to the increased cost of servicing gas equipment in a private house. Such a phenomenon can often be found in the rural outback, where the population is much less informed. You should not be "led" to such actions. Until the document has expired, any prices remain the same (and should not be confused with gas supply tariffs).

Sometimes you can hear about the substitution of the concepts of maintenance and repair. According to the contract, the owner is obliged to pay only for the maintenance (we are talking about the visit of the master and a small scale of work related to diagnostics, cleaning, flushing, etc.). If the issue of troubleshooting a malfunction is raised, especially with the replacement of spare parts, then the procedure is subject to separate payment.

You bought a gas boiler - what next?

When purchasing a gas boiler, we keep in mind its advantages - hot water supply and reliable heating throughout the year. At the same time, gas boilers belong to complex household appliances related to two energy sources at once - electricity and gas. And the latter, in the event of a malfunction of the gas pipeline or the boiler itself, can become a source of danger to the lives of people and household property.

That is why the frequency of servicing gas equipment in a private house and diagnostics are extremely important. By regularly checking it for serviceability, it is possible to identify emerging problems and not bring the condition of the equipment to a dangerous level.

Gas boiler maintenance - what is meant?

What is included in the concept of maintenance in order to ensure the health of the unit and the safety of its operation? The answer depends on the degree of complexity of the given device and the set of functions it performs. The boiler can only serve for heating or hot water supply, or both at the same time. It is also important to have certain additional functions and protection systems provided for by its design.

A complete list of necessary checks and their frequency can be found in the instructions for each specific boiler model. This document is your guide in the procedure for concluding a service contract with a contractor organization. You should be prepared for the fact that not the entire list of operations required by the instruction is included among the free mandatory procedures of the organization you have chosen. Some of the checks are considered an additional service and are provided only on terms of additional payment. You should try to insist on including them in the main list of the treaty.

What is an approximate list of gas equipment maintenance work in a private house?

In the most general case, the maintenance procedure for a wall-mounted gas boiler consists of:

1. Burner cleaning. Particular attention is paid to those details that determine the composition, direction and intensity of the flame. These include:

   A retaining washer that regulates the position of the burner flame and the measure of its contact with the heat exchanger;
   - the branch pipe through which the gas is supplied to the burner (it is removed during inspection, disassembled and blown out, then all its parts are cleaned); if necessary, filters that are out of order are replaced with subsequent installation in place;
   - and electrodes;
   - fuse device;
   - air sensor, whose task is to regulate the parameters of the preparation of the gas-air mixture.

2. Cleaning the combustion chamber and removing dirt from all parts of the apparatus, which are exposed to an open flame during operation.
3. Checking the integrity of the entire structure and the correctness of its operation. The built-in hot water boiler is regulated if necessary.
4. Cleaning of internal channels through which gas is supplied and removed.
5. Checking the degree of soiling of the chimney. This is usually done at a separate cost.
6. Built-in electronics checks.
7. Adjustments of all units of the aggregates to be adjusted.

In addition, the composition of the gas in the combustion chamber is specified for the composition, completeness and amount of carbon monoxide emitted. The serviceability of the shutdown automation is also monitored by simulating an emergency. The most important safety device is that it must be completely sealed. The supply gas pipeline throughout the entire section of an apartment or house (estate) must maintain its integrity, special attention is paid when examining it to the joints of the outer sections of the pipes.

No amateur performances!

At first glance, the above list does not contain anything particularly complicated. It may seem that such work is within the power of any homeowner. But this impression is very misleading. An inexperienced person may miss the slightest signs of non-compliance of the boiler, water supply and gas pipeline with strict requirements.

In the event of an unforeseen situation, not everyone can react quickly in order to prevent irreparable consequences. At the same time, the specialist not only possesses the necessary qualifications and experience to carry out such work, but also bears personal responsibility for the quality of the inspection. Confirmation of this is his signature in the documents for the boiler, which you must necessarily demand from him at the end of the maintenance.