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Zhambyl businessmen avoided large fines

- Zhambyl Region
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450 thousand tenge fine and suspension of activities for 5 days - that's what threatened Zhambyl enterprises for failure to comply with the requirements of the Fire Safety Rules, which, by the way, they could not execute because of collisions in the law. The issue was solved jointly by the Chamber of Entrepreneurs of Zhambyl region and the Emergency Situations Department of Zhambyl Region. The Regional Chamber of Entrepreneurs of Zhambyl region together with representatives of the Emergency Situations Department of Zhambyl region decided in favor of entrepreneurs the issue of verification and implementation of Clause 1256 of the Fire Safety Rules, that is, installation of gas analyzers with light and sound alarms on the territory of the tank farm for constant monitoring of hydrocarbon concentrations. As it was explained by the head of the department for the protection of entrepreneurs' rights and the reduction of administrative barriers of the Chamber of Entrepreneurs of Zhambyl region Nuraly Yergebayev, the basis for studying and analyzing the impossibility of the Fire Safety Rules was the request of the director of LLP TarazKausarMunai Sergey Ivanov. According to the results of an unscheduled audit of the officials of the Department of Fire Prevention and Control of the Emergency Department of the Zhambyl region for failure to comply with the order by court order, this partnership was brought to administrative responsibility under part 3 of article 462 of the Code of Administrative Offenses of the Republic of Kazakhstan in the form of administrative penalty in the amount of KZT453,800 with suspension activity for 5 days. Attraction to the administrative responsibility of the Partnership was caused by the impossibility of the execution of the requirements of Clause 1256 of the Fire Safety Rules, i.e. installation of gas analyzers in the tank farm with light and sound alarm for constant monitoring of hydrocarbon concentrations. Currently, the requirement to equip reservoir parks with gas analyzers in regulatory legal acts and normative technical documents that regulate fire safety requirements for storage of flammable and combustible liquids is absent and is contained only in the applicable Fire Safety Rules. At the same time, this requirement was not available in the editorial offices of the forfeited Fire Safety Rules of 2006 and 2011. Moreover, the prescribed requirements contradict the requirements of paragraph 1251, i.e. install electrical equipment and lay electrical lines inside the dumping of tanks and directly in tanks are not allowed except for the lines of devices for monitoring and automating the filling and level measurement. The issue of the impossibility of the requirement of paragraph 1256 of the Fire Safety Rules and the unreasonable involvement of business entities involved in the sphere of petroleum products turnover was reviewed in July this year by the Council for the Protection of Entrepreneurs Rights and Anti-Corruption. In addition, the problem was voiced by the Director of the Regional Chamber in August during a videoconference organized at the site of the National Chamber of Entrepreneurs RK "Atameken" based on the results of the analysis on minimizing and eliminating the causes and conditions that contribute to the corruption offenses in the field of fire safety, security. Comment in response to the voiced question was given by Nuraly Yergebayev, First Deputy Chairman of the Ministry of Emergency Situations of the Republic of Kazakhstan, according to him, clause 1256 of the Fire Safety Rules will be deleted by the end of the year. In view of the foregoing, the Emergency Department of the Zhambyl region, in order to exclude the administrative barrier, decided it was inappropriate to require the audited entities to comply with Paragraph 1256 of the Rules and not to take administrative actions against the audited entities in connection with the failure to comply with these requirements. "Thus, even before the introduction of amendments and additions to the Fire Safety Regulations dated 10.10.2014 No. 1077 on the deletion of clause 1256, the Emergency Department of Zhambyl region during the inspection under the Special Order will not require the execution of this item and on previously performed inspections for non-compliance of this item will not involve business entities in administrative responsibility", - Nuraly Yergebayev said. According to the information provided by the Emergency Department of Zhambyl Region, 19 inspections of business entities in the field of oil products storage are scheduled for 2017 in the Zhambyl region, where for the first half of the year 7 facilities have been checked with the issuance of the Act and the order, 9 business facilities have been suspended and no checks will be conducted, for the second half of the year, two objects were subject to verification.


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