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Questions of the technical regulation in construction and designing
Given article is devoted questions of technical regulation in building, and also at designing.                                  
Technical regulations for real work are not necessary to any design organisation, as have the general directive character, and building norms and rules are reflexion of the previous building experience, and their application guarantees safety of constructions, but they are necessary for improving constantly taking into account occurrence of new materials, technologies, loadings, constructive forms, and now it nobody does, – according to the director Central research and project institute building metalwork N.P.Melnikova's name, doctor of technical sciences, the prof. V.Larionov and the deputy director, doctor of technical sciences, prof. A.Pavlova [1].

It is noticed that 90% of collapses of buildings – errors of builders [2].

Today before experts of building manufacture there is an uneasy problem of transformation of all variety of requirements, specifications, methods in connection with law action “On technical regulation”.

In connection with law action “On technical regulation” the system of interaction of the technical, legal and technical and economic documentation radically changes. It represents considerable difficulty for a statement of new methods of technical regulation, they cannot be considered separately from subjects of influence: kinds of the property, engineering-industrial, financial and legal.

On the one hand, obligatory acknowledgement of conformity of production to the set requirements methods only the state-administrative control generates official barriers on production way to the consumer. On the other hand, the state control over observance of requirements of technical regulations should be supported by modern rules of law without easing of level, protection of the consumer market.

However process of economic ХХ century, capitalism and a socialism has shown that only a combination of measures of state regulation (socialism) and self-regulation of the market (capitalism) provides well-being of the people and the state. Here that the American mathematician, the economist, Nobel prize winner Dzh speaks about it. Nash: “Take professional economists. The majority of them believe that ostensibly the economy blossoms thanks to the enterprise initiative of business and a wide consumer choice literally. It not so. The economy prospers thanks to that at us dynamical public sector”. These words confirm expediency of a combination of the different measures providing development of a society with obligatory participation of the state and subjects of manufacture.

In the conditions of the government building manufacture the state was the uniform subject and manufactures, both the control, and operation of building production. In the conditions of modern economy when in production creation, its control and realisation some subjects with various patterns of ownership participate, division of responsibility for quality of building production becomes complicated. In these conditions there was a necessity for creation of the monitoring system which are not dependent neither from the manufacturer, nor from the consumer.

The law of technical regulation (from 01.07.03) brings considerable changes in the organisation of works of building manufacture.

The purposes and methods of technical regulationThe law regulates relations of three parties:
- the first party is represented by the manufacturer of production, the executor of work or services; i.e. the party interested in realisation of result of activity and declaring necessity of carrying out of an estimation of conformity;
- the second party is the person getting production, the purchaser receiving result of work or service;
- the third party – the person, stating an objective estimation of conformity (quality) of production, work, service, this person is independent audit of quality.

The system of technical regulations is developed for maintenance of conformity of production to adjusting requirements. Technical regulations – the document establishing obligatory requirements to production, kinds of works, to processes, buildings, constructions. Technical regulations are accepted with a view of: protection of a life and health of citizens, savings of property, preservation of the environment.

It is possible to allocate three innovative features of the law on technical regulation:
1. Granting of maximum freedom of action to manufacturers concerning all consumer properties, except for safety.
2. Increase of a level of responsibility of the manufacturer for safety of production that is shown in increase of level of the document containing the requirements on safety, independence of the control and the state control over observance of rules of an estimation of conformity.
3. Maintenance of full knowledge from the beginning of working out of the national standard or technical regulations to uniform information system of Federal information fund of technical regulations and standards.

The law on technical regulation represents the basic part of the mechanism of reforming of operating specifications and rules (specifications and building norms and rules). For realisation of this reforming it is necessary to execute the most essential and most demanded part of work – working out of technical regulations. Thus it is necessary, that technical regulations and methods corresponding to them, technological decisions and as the documentation of national standards made a single whole, were under construction on the co-ordinated methodological principles.

One more question of principle of technical regulation is a search of reasonable balance between aspiration of the state to provide free movement of the goods, on the one hand, and measures on protection of a life, health and property of citizens, and also on preservation of the environment – with another, the state problem to provide this balance, including measures of technical regulation. It is obvious that such challenge should dare by the joint account of expenses for safety and possible losses of manufacture from presence of barriers, and a society – from dangerous production. It is clear that in such statement the given problem has no unequivocal decision, therefore depending on from an economic situation it is balance can particularly vary.

The critical situation which has developed in connection with introduction of the law on technical regulation, excites experts of building manufacture. According to many representatives of building community that the law was effective, it is necessary to adhere to the certain principles listed more low.
- Forthcoming work on creation of technical regulations is impossible without use operating building norms and rules and other standard documents of building. Achievement of the purposes specified in technical regulations, should to be realised through application of requirements of state standards existing and updated during much decades (GOST) and “Building norms and rules” (building norms and rules).
- For the decision of this work the problem of updating of out-of-date standard base is priority. According to the International organisation on standardization (ISO), it is annually updated not less than 10% of operating standards and specifications. Such innovation realises increasing level of technical progress.
- The advanced building organisations can take part in updating of standard base of building in modern conditions. Standards of the organisations, along with national standards and the arches of rules should form system of standard documents in building, the Federal agency on technical regulation has developed the standard of GOST R 1.4-2004 “Standards of the organisations. General provisions”. For again developed national standards it is an optimum way of organic introduction of the engineering legislation to building manufacture.
- At drawing up of technical regulations it is necessary to consider that some requirements of the law on technical regulation for building should be reconsidered. Plans of editions of national standards, technical regulations, building specifications should pass discussion on an academic council of the Russian academy of architecture both building sciences and other building research organisations. It will provide legitimacy and realisation of technical regulations of building area.

It is necessary to underline that according to the federal law from July, 18th, 2009 N189-ФЗ maintenance is assigned to national body on standardization in information system of the general using access on a gratuitous basis to national standards, the arches of rules as a result of which application observance of requirements of technical regulations is provided.


Sources:
1. Larionov V., Pavlov A. Whether technical regulations are necessary to the designer? [http://www.stroinauka.ru/d26dr6095m123.html]
2. Barinov L. About problems of technical regulation in building branch [http://www.stq.ru/news/nbr.php? ELEMENT_ID=21683]
3. Ivliev А.А., Lazarenko U.V., Milenin M.G. Problem of technical regulation in building manufacture//Technologies of concrete. – #4, 2009 (04/10/2009) [http://www.stroinauka.ru/d26dr10345m123.html]
4. Changes in the Federal law “On technical regulation” [http://www.stq.ru/news/nbr.php? ELEMENT_ID=31398]


The author: Челябэнергопроект
Date: 07/24/2009

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