Inspection of the damaged objects

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Serhii Uvarov 

Partner, International Arbitration, Cross-Border Litigation

16.05.2022

 

The Ukrainian Government has determined the procedure for inspecting objects damaged as a result of emergencies, hostilities, or terrorist acts (hereinafter - damaged objects) allowing to decide on the possibility of further operation and development of restoration measures of the damaged objects.

The application of the Procedure will allow to determine and record the essence and measure of damages of construction objects and to decide on the future destiny of damaged assets.

1. What objects are subject to the inspection to determine the extent and nature of the damage?

Objects with class of consequences CC2 (medium consequences) and CC3 (significant consequences) consequences, as well as apartment buildings regardless of the consequence class, are subject to mandatory inspectionю In addition the mandatory inspection is required in respect of the following objects:

•        educational, cultural, sports, medical and health facilities,

•        administrative buildings, as well as engineering and transport infrastructure facilities,

•        energy facilities.

 

2. In what cases the inspection is mandatory. What is the purpose of the inspection?

The inspection of the damaged objects is conducted when it is necessary to decide on the further operation (including the overhaul, reconstruction, and restoration) or dismantling (demolition) of the object due to its damage because of emergencies, hostilities, or terrorist acts, including based on acts drawn up by authorized bodies.

The inspection is carried out to substantiate the decisions of the inspection initiator on the further operation of the damaged object, in particular:

•        confirmation of the possibility of further safe operation of the facility;

•        establishment (justification) of the necessity to restore the object;

•        planning of works on restoration of the object;

•        planning of emergency anti-accident works, and conservation;

•        justification of the decision to terminate the operation, dismantling (demolition) of the object.

 

3. Who can initiate the inspection of the damaged objects?

•        Building owners/managers

•        Executive offices of the village, town, and city councils (the owner/manager of the building shall be notified on the further inspection in three days in writing); or

•        Military administrations (the owner/manager of the building shall be notified of the further inspection in three days in writing).

 

4. The procedure for conducting the inspection

 

The inspection of the damaged object shall be ensured by the relevant building owner/manager or authorized body by involving:

•        specialists with appropriate qualifications, namely: responsible executors of certain types of work (services) related to the creation of architectural objects, which have passed professional certification and have a qualification certificate for the right to perform inspection works in the construction of consequences classes determined by the qualification requirements (hereinafter - the contractors), or

•        enterprises, institutions, and organizations that include such contractors.

 

Information on contractors who may be involved in the inspection of facilities with the appropriate consequences classes is contained in the Register of construction activities, which is a component of the Unified State Electronic System in the construction sector.

Under the Martial Law and within 90 calendar days after the termination or abolition of the Martial Law, the inspection of damaged objects may also be carried out by specialists of other professions who have passed professional certification, namely:

•        design engineer with the qualification level "leading" or "I category", who has a qualification certificate in the specialty "engineering and construction design in terms of mechanical resistance and stability";

•        construction expert with the qualification level "leading" or "I category", who has a qualification certificate in the specialization "examination of design documentation in terms of ensuring mechanical resistance and stability";

•        consulting engineer (construction) with the qualification level "leading" or "I category".

 

Also, the inspection of damaged objects can be carried out by involving enterprises, institutions, and organizations, which include such contractors.

Financing of inspection works is carried out at the expense of individuals or legal entities, funds from the state and/or local budgets, as well as other funds in the manner prescribed by law.

Inspection of damaged objects is carried out according to a special Methodology approved by the Ministry of Communities and Territories Development of Ukraine.

It is not allowed to inspect the object only based on the photographs, videos, and drawings without visual inspection, except in cases established by the Ministry of Communities and Territories Development.

Inspection of damaged objects is carried out only after rescue and other urgent operations, as well as demining operations.

The inspection of damaged objects consists of the following stages:

1) preparation for the inspection:

•        acquaintance with the object;

•        analysis of existing design and technical documentation;

•        drawing up a program of inspection work based on the terms of reference agreed by the owner or manager of the object.

 

2) preliminary and/or main (detailed) inspection:

•        continuous visual inspection;

•        detection of defects and damage on external signs and carrying out of the corresponding measurements;

•        preliminary assessment of the technical condition of the object;

•        development of recommendations on the possibility of further operation of the object, conducting the next inspection, and constructive decisions on the restoration and strengthening of building structures.

 

If utilities and systems defects and damage that may lead to the collapse of individual structures, loss of stability of the object, or may constitute a threat to human life and health will be discovered by the contractor during the inspection, he is obliged to inform the following authorities in writing in two days upon such discovery:

•        Executive office of the Local Council or the Local Council itself

•        Territorial bodies of the State employment service of Ukraine

•        State Emergency Service of Ukraine

•        Owner of the building (if the inspection is conducted at the initiative of the authorized body).

 

5. Setting the inspection results

The inspection results shall be set through the preparation of the report on the inspection results, which shall contain:

•        Conclusion on the technical condition.

•        Recommendations for a further operation (including the possibility of restoration) or dismantling (demolition).

•        If necessary, information on damaged (destroyed) load-bearing and fencing constructions, engineering systems (indicating the degree and extent of damage), and basic decisions (recommendations) for their restoration.

 

The report is the basis for the decision to perform work on the restoration of damaged objects or their dismantling (demolition).

It is not required to draw up an object passport or make amendments to the passport based on the results of the inspection.