Security zone of heating networks: how many meters should be protected?

Security zones of heating networks are established to ensure the safety of objects. Within these areas, there is a special regime of doing business. Let us further consider what requirements the sanitary security zone of the heating network must meet.

Legal basis

Currently, a number of documents are in force, in accordance with which protected zones of heating networks are created and used. Gosstroy Order No. 92 of April 21, 2000 is considered one of the key acts. In accordance with it, organizational and methodological recommendations on the use of district heating systems in settlements of the Russian Federation were approved. According to paragraph 33 of this document during the operation of these facilities must be ensured their protection. It includes a set of organizational and technical measures aimed at limiting activities within the established territory. To protect the object, a security zone of heating networks should be installed .

SNiP

The latest version was adopted on June 24, 2003, but was not registered by the Ministry of Justice. In this regard, the courts consider the new rules invalid. When considering disputes, SNiP 2.04.07-86 are used. The rules provide a list of actions prohibited within areas with a special regime of use. Since the protection of objects acts as the main goal for which protection zones of heating networks are created , SNiP prohibit:

1. To place fuel and lubricants, aggressive chemical materials within the indicated areas of the storage, to build gas stations.
2. To clutter up entrances and approaches to buildings and objects, store bulky and heavy objects, erect fences and install other structures, including temporary ones.
3. To equip game and sports grounds, stopping points, markets, parking lots of vehicles of all kinds, gardens, garages and so on.
4. Set up landfills, burn industrial waste, household garbage, light bonfires.
5. Work using shock mechanisms, discharge corrosive and corrosive compounds, as well as fuel and lubricants.

Additional bans

The security zone of the heating networks is managed by the facility servicing the facility. In this regard, within this section it is not allowed without the written consent of these organizations to produce:

1. Overhaul, construction, reconstruction of structures.
2. Earthworks, shrubs / trees planting, soil leveling, arrangement of monumental flower beds.
3. Loading and unloading operations, work, accompanied by the breaking of the road surface and soil.
4. Construct crossings and crossings through pipelines.

The conditions for obtaining permission and the implementation of these measures are provided for in paragraphs 7-8 of the Model Rules. Coordination should be done at least three days before the start of work.

Model Rules

In accordance with them, an appropriate security zone of the heating network is created at each facility. Norms are binding on all enterprises, institutions, organizations, regardless of their legal type. Based on the Model Rules, local government regulations may be developed taking into account specific conditions. Moreover, the requirements should not be lower than those established in the basic documents. The rules apply to all organizations involved in the reconstruction, construction, technical re-equipment and operation of heating systems. The requirements are also compulsory for enterprises that use roads, railways and trams, green spaces, level crossings or carry out their conversion near protected objects.

Security zone of heating networks: how many meters should be protected?

Plots are laid along the highways. On the ground, they represent land plots, the width of which is determined by the angle of repose of the soil. Moreover, it cannot be less than 3 m in each direction or from the outside of the insulated heat conduit. The latter is relevant for channelless laying. The minimum distance over which the protection zone of heating networks should be removed from structures, buildings, linear objects is determined taking into account various factors. First of all, the type of laying and the climatic conditions of the area are taken into account. The calculated distances are required to comply with the design, direct construction, as well as the repair of facilities.

Requirements

Enterprises that have received written consent to conduct work within the protective territories are required to carry out them subject to the conditions ensuring the safety of the facilities. First of all, briefing is given before the start of events. It is carried out by the owner of the object. He acquaints performers with the location of underground structures, the procedure for work. An appropriate note is made in the journal or an act is drawn up. Briefing of workers, foremen, minders, crane operators, foremen and other personnel is the responsibility of the contractor. Paragraph 17 of the Model Rules states that the security zone of heating networks should be free for access by specialists of the enterprises under their jurisdiction. This requirement, in particular, applies to facilities located on the territory of other organizations. The security zone of heating networks is used for repair and maintenance of structures, installations, structures. Enterprises in whose jurisdiction are located are entitled to prohibit the implementation of works that violate the requirements.

The specifics of the rules for creating protective areas

In accordance with the 89th article of the LC (paragraph 2), the rules by which a protective zone of above-ground heating networks is formed on the ground are determined by the government. The procedure for creating plots, in particular, was approved by decree No. 160 of February 24, 2009. As for industrial and other special-purpose lands, the rules for the formation of protection zones of heating systems are determined:

1. By the government. Decisions are made in respect of territories in federal ownership.
2. Executive bodies of the regions. Appropriate decisions are made in respect of territories owned by the constituent entities of the Russian Federation.
3. Local authorities. These bodies determine the order in relation to zones created in territories classified as municipal property.

registration

The security zone of communal heating networks is formed by an enterprise that provides maintenance and operation of the corresponding facility. The organization must contact the federal executive body, leading technical supervision and control in the field of electric power. An application for coordination of the borders within which a protection zone of communal heating networks will be created is submitted to this structure. The application is considered within fifteen days from the date of receipt at the court. After the borders have been agreed, the service company turns to the cadastral registration authority. An application is submitted to this structure for entering information on the boundaries of the zone into the state registry.

Controversial issues

Structures that are authorized to make decisions on the establishment of protection zones can be determined by government decrees, acts of regional / local executive bodies. The current rules do not provide a clear procedure for the creation of protective areas. In particular, the need for a special act to be adopted by a state agency or local structure has not been determined. At the same time, the dimensions to which the protection zone of the pipeline of heat networks should correspond are provided by the rules. They are formalized depending on various parameters (diameter, type of gasket, and so on).

Meanwhile, it should be noted that SNiP determines only the minimum distances from objects to structures. Moreover, the dimensions of the protective areas themselves are not regulated. In this regard, in practice, difficulties are likely to justify the boundaries and area of ​​the protection zone related to a specific heating system. Another significant gap should be noted. Neither in the rules for the technical operation of thermal power plants, nor in SNiPs, there is such a thing as a "security zone of the heating network." Accordingly, the lack of necessary regulation of the rules for creating and the size of the protective areas may cause controversy regarding the very fact of their existence.

State cadastre

Information on security zones is entered into it on the basis of Art. 1, paragraph 2 of the Federal Law No. 221. The State Cadastre is a state (federal) information resource. The composition of the information about the zones within which the special legal regime applies, which are included in it, is determined by the 10th article of the said Law. These data include, among other things, a description of the location of the boundaries of the protective areas, the name of the municipal / state authorities that decided to create such zones, change them, details of the documents and sources of their official publication.

The information also contains information on the content of restrictions on the operation of facilities located within the specified territories. In the 15th article of the Federal Law No. 211, the obligation of the municipal / state power within 10 days (workers) from the date of entry of the decision adopted within the competence of the relevant structure and establishing / modifying / canceling the protection zone, provides the accounting authority with a document with the data necessary for entering into the state cadastre. It should be taken into account that in some cases, according to the current rules for ensuring the protection of facilities, the need for approval of a special act is not provided. In such situations, the basis for including information in the information base can be directly a legal document that defines the general procedure for establishing zones of a particular type, as well as describing the location of the corresponding protective site.

Federal Law "On Land Management"

When considering legal issues regarding the establishment of protection zones, it is necessary to refer to the provisions of the Federal Law No. 78. According to Art. 1 of the specified Law, protective plots act as land management objects. To determine the location of borders, it is necessary to carry out the procedures provided for by legal acts. As a result of the measures taken, in accordance with the 20th article of the Federal Law No. 78, a plan (map) of the object is drawn up. The requirements for its preparation, as well as the form approved by government decree No. 621.

Important point

In accordance with Letter No. 22066-IM / D23, the documentation that is necessary to include information about the security zone in the state cadastre may be provided by an interested person. The right holder of the object in respect of which a protective zone is created may act as such. The authority of this person to appeal to the accounting authority may be based on a power of attorney. The document should be drawn up in the prescribed manner by the structure that made the decision to create a security zone. Considering that the rules do not provide for the need to draw up a special act by the local / state authority, the necessary information in the state cadastre can be entered by the copyright holder of the object upon his application with an appendix to it of a plan (map) describing the location of the borders. Meanwhile, this provision does not exclude the refusal of the accounting authority to include information in the register due to legislative regulation of this possibility.

Conclusion

The legal regime established for security zones of heating networks has a number of features. First of all, it is regulated by departmental acts. In the current rules, the procedure for creating zones is not defined, and there is no requirement for a special act to be issued by the municipal / state authority on their establishment. Not regulated and the moment from which the protective site will be considered existing. The dimensions of the zones are determined normatively by removing objects from structures at the provided (minimum) distance. The areas are formalized depending on the diameter, type of gasket and other parameters. As practice shows, entering information on protective areas is a rather difficult task. However, in the absence of the necessary information in the registry, there is a risk that the actions of the entities involved in development within their borders are recognized as legitimate. If the rights of the owners of heating systems are violated by the development of plots located in protected zones, entities can appeal to the court or to the department of the State Service for Technological, Environmental, and Nuclear Supervision with a complaint.