Approved by the
resolution
Rules for
the provision of public services in the Talgar district
Chapter 1. General provisions
1. These Rules for the provision of public services in the Talgar district (hereinafter referred to as – Rules) are developed in accordance with subparagraph 16) of paragraph 2 of Article 10-3 of the Law of the Republic of Kazakhstan dated April 16, 1997 "On Housing Relations" and the Order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated April 29, 2020 No. 249 "On Approval of the List of Utilities and Standard Rules for the Provision of Utilities" (registered in the Register of State Registration of Regulatory Legal Acts No. 20542) and establish the procedure for the provision and payment of utilities.
2. The following basic concepts are used in these Rules:
1) heat supply – activities for the production, transmission, distribution and sale of heat energy and (or) heat carrier to consumers;
2) power supply – the activity of production, transmission and sale of electric energy to consumers;
3) water supply – a set of measures that ensure the collection, storage, preparation, supply and distribution of water through water supply systems to water consumers;
4) wastewater disposal – a set of measures that ensure the collection, transportation, treatment and disposal of wastewater through wastewater disposal systems to water bodies and (or) to the terrain;
5) gas supply – activities in the field of production, transportation( transportation), storage and sale of commercial, liquefied petroleum and (or) liquefied natural gas;
6) elevator maintenance – maintenance service to maintain the operability and safety of the elevator during its operation in accordance with the regulatory and technical documentation (rules, standards, instructions of the manufacturer), national standards and current legislation of the Republic of Kazakhstan;
7) elevator-a stationary lifting mechanism of periodic action, designed for lifting and lowering people and (or) cargo in a cabin moving along rigid rectilinear guides, which have an angle of inclination to the vertical of no more than 15;
8) solid household waste – municipal waste in solid form;
9) municipal waste – consumption waste generated in localities, including as a result of human activity, as well as production waste, similar to them in composition and nature of education;
10) utilities – services provided to the consumer, including water supply, sanitation, gas supply, electricity supply, heat supply, collection, removal, disposal, processing and disposal of solid household waste, maintenance of elevators, to ensure safe and comfortable living conditions (stay);
11) supplier – a legal entity or individual, regardless of the form of ownership, providing utility services to consumers in accordance with the concluded contract;
12) consumer – a natural or legal person who uses or intends to use public utilities;
13) the object of a condominium – a single property complex consisting of apartments, non-residential premises that are in individual (separate) ownership, and common property that cannot be in individual (separate) ownership and belongs to the owners of apartments, non-residential premises on the right of common shared ownership, including a single undivided land plot under an apartment building and (or) a house-adjacent land plot;
14) common property of the condominium object – parts of the condominium object (facades, entrances, lobbies, halls, corridors, staircases and staircases, elevators, roofs, attics, technical floors, basements, communal engineering systems and equipment, subscriber mailboxes, land under an apartment building and (or) adjacent land, landscaping elements and other common property), except for apartments, non-residential premises that are individually (separately) owned;
15) general house engineering systems – systems of cold and hot water supply, drainage, heat supply, gas supply, electricity supply, smoke removal, fire alarm, internal fire-fighting water supply, cargo and passenger elevators( lifts), garbage disposal, air conditioning, ventilation, thermoregulation and vacuuming, located in an apartment building outside or inside an apartment, non-residential premises and serving two (two) or more apartments, non-residential premises;
16) the object of informatization in the field of housing relations and housing and communal services – electronic information resources, information systems in the field of housing relations and housing and communal services;
17) the subject of service activity – a natural or legal person providing services for the maintenance of the common property of the condominium object on the basis of the concluded contract;
18) metering device – a technical device intended for commercial accounting of individual and (or) general household consumption of utilities, permitted for use in accordance with the procedure determined by the legislation of the Republic of Kazakhstan;
19) authorized body – the central executive body responsible for the management and inter-sectoral coordination in the field of housing relations and housing and communal services;
20) payment document – a document (electronic invoice, invoice, notice, receipt, including as part of a single payment document, warning invoice, claims, claim) drawn up for making payment for the services provided (goods, works) of the supplier, on the basis of which the payment is made;
21) household consumption – consumption of public services for the household needs of consumers without the purpose of using them in business activities and their further implementation.
Chapter 2. Procedure and conditions for the provision of public services
3. The provision of utility services is made on the basis of a contract concluded between the supplier and the consumer and/or another person authorized in accordance with the procedure established by law to conclude contracts for each type of service.
The procedure for paying for utilities consumed for the maintenance of the common property of the condominium object is decided by the meeting of the property owners.
4.Individual and (or) public contracts are concluded between the consumer and the utility service provider in accordance with the legislation of the Republic of Kazakhstan.
With organizations that provide public services, cooperation agreements are concluded between an association of property owners or a simple partnership, or a manager of an apartment building, or a management company.
With the subjects of service activities, cooperation agreements are concluded with an association of property owners or a simple partnership, or a manager of an apartment building, or a management company.
The contract between the supplier and the consumer for the provision of public services cannot contradict the current legislation and is considered concluded for an indefinite period, unless otherwise provided by the agreement of the parties.
5. Public services are provided in accordance with the requirements provided for by national, state standards, sanitary and epidemiological requirements, technical regulations and are regulated by regulatory legal acts in the relevant areas.
6. Consumer properties and service delivery mode:
1) heat supply-in accordance with sanitary standards that determine the air temperature in apartments, non-residential premises, as well as temperature schedules-around the clock during the heating season;
2) power supply – in accordance with the quality of electric energy established by the legislation of the Republic of Kazakhstan-around the clock during the year;
3) cold and hot water supply-in accordance with the quality of the supplied water, established by the legislation of the Republic of Kazakhstan, sanitary rules and state standards – around the clock throughout the year;
4) wastewater disposal – ensuring the complete discharge of wastewater into wastewater disposal systems-around the clock throughout the year;
5) gas supply – in accordance with the technical requirements established by the legislation of the Republic of Kazakhstan and in full, established by the contracts;
6) maintenance of elevators – in accordance with the requirements of industrial safety of elevators and the National standard ST RK 3305-2018 "Elevators, escalators, travelators and lifts for persons with disabilities" Requirements for delivery, installation and operation " - around the clock during the year or on the basis of a contract;
7) collection and removal of solid household waste (waste disposal) – in accordance with sanitary and epidemiological requirements according to schedules established by the local executive body or under concluded contracts.
Chapter 3. The procedure for regulating the process of
using and providing public services
7. The chairman of the association of property owners or a trustee of a simple partnership or the manager of an apartment building or a management company for the maintenance in proper technical condition and ensuring the safety of general house engineering systems and equipment, as well as metering devices, which are the common property of the condominium object, enters into contracts with the subject of service activities.
If there are no contracts with the subject of service activity, the chairman of the association of property owners or a trustee of a simple partnership or the manager of an apartment building or a management company ensures the maintenance in proper technical condition and safety of general house engineering systems, heat consumption systems, as well as general house metering devices.
8. In cases where a subscriber (consumer) under an energy supply contract is a citizen who uses energy for domestic consumption, the obligation to ensure the proper technical condition and safety of energy networks, as well as energy consumption metering devices, is assigned to the energy supply organization, unless otherwise established by legislative acts.
9. The chairman of the association of property owners or a trustee of a simple partnership, or the manager of an apartment building or a management company, as well as the subject of service activities that ensures the maintenance of the common property of the condominium object on the basis of the concluded contract, ensure unhindered access of the supplier and his representatives to the common house engineering systems, metering devices, places of placement and storage of municipal waste.
10. Proper technical condition, compliance with the terms of the inter-verification interval of metering devices, operation and safety when using water supply and sanitation pipelines, electrical wiring, electrical equipment, household cylinders, gas pipelines and gas engineering equipment, metering devices located directly in the home, apartment and non-residential premises is provided by the consumer.
11. State control over compliance with the requirements for the safe operation of gas-consuming systems and gas equipment, household cylinders and objects of gas supply systems for household and municipal consumers within the boundaries of the locality is carried out by local executive bodies.
12. The consumer must have metering devices installed in accordance with the requirements of the current legislation of the Republic of Kazakhstan and ensure that the supplier or its representatives have access to the metering devices to check the metering devices.
13. The supplier purchases and installs the metering device to the consumer in accordance with the contract concluded with the consumer, except for the cases of acceptance and commissioning of construction objects, or independent installation by the consumer.
14. The chairman of the association of property owners or a trustee of a simple partnership, or the manager of an apartment building or a management company organizes work on the preparation of the condominium object for the heating season in accordance with the Rules for the preparation and conduct of the heating season in the Almaty region, approved by the decision of the Maslikhat of the Almaty region of February 22, 2013 No. 14-96 (registered in the Register of State Registration of Regulatory Legal Acts No. 2336).
15. The chairman of the association of property owners or a trustee of a simple partnership, or the manager of an apartment building or a management company accepts reports from consumers of owners of apartments, non-residential premises about the fact of providing utilities of inadequate quality and (or) with interruptions, organizes and conducts, together with the supplier, a reconciliation of such a fact with the preparation of the relevant act.
16. The boundary of the division of operational responsibility of the parties is determined in accordance with the contract between the supplier and the consumer for each type of utility services:
on water supply and (or) water disposal – the place of division of elements of water supply and (or) water disposal systems on the basis of duties (responsibility for their operation), established by agreement of the parties. In the absence of such an agreement, the boundary of the division of operational responsibility is established along the boundary of the division of balance sheet ownership.
The boundary of the section of operational responsibility on the objects of the condominium are:
for water supply-the separation flange of the first gate valve at the entrance of the water supply in the building;
on water disposal – a well at the place of connection to the water disposal networks of the locality;
for heat supply-determined by the first separation flange or weld of the input gate valves of the control unit on the side of the heat source;
for power supply – for the maintenance, maintenance and technical condition of electrical installations with a voltage of up to 1000 V.:
1) in the case of an air branch – on the connection contacts of the supply line on the through or end insulators installed on the support;
2) for cable entry – on the bolted connections of the supply cable tips at the entrance to the building.
17. In cases of non-performance or improper performance of obligations under the contract, the supplier or consumer shall be liable in accordance with the civil legislation of the Republic of Kazakhstan.
18. In the event of force majeure (natural disaster or other circumstances that cannot be foreseen or prevented), as well as military actions, strikes, non-performance or improper performance of the terms of the contract between the supplier and the consumer are regulated in accordance with the contract and the civil legislation of the Republic of Kazakhstan.
19. Responsibility for the confidentiality of personal data about consumers is imposed in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 "On personal data and their protection".
20. Consumer:
1) receives public services of the established quality, safe for his life and health, not causing harm to his property;
2) receives information on the procedure for setting prices (tariffs) for services from the relevant state bodies that monitor these indicators;
3) requires the supplier to compensate in full for losses and damage caused to life, health or property due to the supplier's fault due to deficiencies in the provision of public services, as well as compensation for non-pecuniary damage;
4) requires the supplier to recalculate the payment for services for the supply of heat, electricity and water and to compensate for real damage caused by the under-delivery or delivery of low-quality utilities, in accordance with the terms of the contract;
5) uses energy and water in the amount necessary for it, provided that it is paid on time and does not exceed the capacity allowed for connection according to the technical conditions;
6) replaces the power supply organization in accordance with the procedure established in the Rules for the Organization and Functioning of the Retail Market of Electric energy, as well as the Provision of Services in this market, approved by Order of the Minister of Energy of the Republic of Kazakhstan No. 111 of February 20, 2015, including by submitting an application through the objects of informatization in the field of housing relations and housing and communal services.
7) provides access to the supplier's representatives to eliminate accidents, check metering devices, and take readings of metering and control devices;
8) when collecting municipal waste separately, depending on the type and composition, store it in containers and other containers provided for certain types of waste.
21. Supplier:
1) controls the consumption and payment for the provided utilities;
2) monthly presents a payment document in paper or electronic form for the services consumed to the consumer, including through third parties on the basis of concluded contracts, objects of informatization in the field of housing relations and housing and communal services.
3) informs the consumer about the tariffs for services, payment terms, the mode of providing services, their consumer properties, addresses and phone numbers of the dispatcher, emergency dispatcher service of the supplier, by providing information on the supplier's website on the Internet or through information objects in the field of housing relations and housing and communal services or on bulletin boards located in the supplier's premises in a place accessible to all consumers;
4) provides information on payment documents, the quality and volume of public services provided on a monthly basis through the objects of informatization in the field of housing relations and housing and communal services for centralized collection, analysis and storage, ensuring the safety and confidentiality of electronic information resources for further placement on the objects of informatization in the field of housing relations and housing and communal services;
5) enter into individual and (or) public contracts with the consumer for each type of utility services provided in accordance with the current legislation of the Republic of Kazakhstan;
6) provides the consumer with utilities that meet national and state standards, sanitary and epidemiological requirements, technical regulations and regulatory legal acts;
7) within three calendar days from the date of submission of the application by the consumer for a reduction in the quality of the service, take all measures to restore the quality and perform a recalculation;
8) does not refuse to provide utilities or restrict the consumer in receiving utilities for reasons of non-compliance with the requirements of other consumers, as well as for reasons not provided for by the legislation of the Republic of Kazakhstan;
9) does not charge the consumer an additional fee for energy and water released with increased parameters.
Chapter 4. Procedure for calculating and paying for utilities
22. The consumer shall pay for utility services payment documents issued by the supplier.
23. Payments for communal services are provided through their own Fund providers and (or) second tier banks and organizations engaged in certain types of banking operations, Internet resources or terminals, and if necessary through the paying agents and (or) payment of the organization.
24. The terms of payment for utilities are determined by the legislation or the contract between the consumer and the supplier.
25. The meter readings are taken monthly by the supplier or its representative upon presentation of the service certificate, or via remote data transmission devices.
26. The transfer of meter readings by the consumer is carried out independently in accordance with the terms of the concluded contract, as well as through the personal account of the consumer of the object of informatization in the field of housing relations and housing and communal services, the mobile application or the Internet pages of the object of informatization in the field of housing relations and housing and communal services in accordance with the Rules of formation, processing, as well as centralized collection and storage of information in electronic form, including the functioning of informatization objects in the field of housing relations and housing and communal services, approved by the authorized body in accordance with sub-paragraph 10-24) of Article 10-2 of the Law of the Republic of Kazakhstan "On Housing Relations".
27. The volume of consumed services for electricity, heat, water supply and sanitation consumed for the maintenance of the common property of the condominium object is determined on the basis of the readings of general household metering devices, and in their temporary absence - according to the installed capacity or according to the consumption standards approved by the local executive body in accordance with subparagraph 34) of paragraph 1 of Article 27 of the Law of the Republic of Kazakhstan "On Local State Administration and Self-Government in the Republic of Kazakhstan".
28. When installing general-house metering devices not on the border of the operational responsibility of the parties, losses on the network section from the border of the section to the place of installation of metering devices are attributed on a contractual basis to the owner, on whose balance sheet the specified network section is located.
29. Decisions on the proportionality, exemption and method of payment for the maintenance of elevators are made at a meeting of owners of apartments, non-residential premises.
30. The issue of payment of utilities for the maintenance of the common property of an apartment building through the chairman of the association of property owners or a trustee of a simple partnership or the manager of an apartment building or a management company or directly to a utility service provider is accepted at a meeting of owners of apartments, non-residential premises.
31. All disputes between the supplier and the consumer are resolved in accordance with the procedure established by law.
Chapter 5. Dispute resolution procedure
32. The time of termination of the provision of public services, as well as the non-compliance of their quality with the requirements provided for by national standards, sanitary and epidemiological requirements and technical regulations with a time stamp (date, hour) is indicated in the log of the dispatcher service of the supplier, followed by a time stamp (date, hour) of the resumption of public services of proper quality.
33. In case of non-receipt of public services, receipt of public services of inadequate quality or not in full, the consumer notifies the supplier about this personally (by application) or electronically through the objects of informatization in the field of housing relations and housing and communal services, or orally through the structural divisions of the supplier for interaction with the consumer with the mandatory indication of the time, date of its transfer and the name of the person who submitted/accepted the application. The notice indicates: the time of the beginning of the deterioration in the quality (absence) of public services, the nature of the deterioration and the need for the presence of a representative of the supplier (if the deterioration in the quality of public services or its termination by the supplier is not recorded in the log).
At the personal request of the consumer, the registration number, date and time of application submission, and the signature of the supplier's representative who accepted it are affixed to the copy of the application at the time of registration of its receipt.
The supplier checks the marks in the log on the deviation of the quality (break) of utilities from the norm specified in the application (telephone message), and in the absence of disagreements, recalculates the cost of utilities in accordance with its actual consumption.
34. If the supplier refuses to certify the fact of non-provision of public services or the provision of low-quality public services, the consumer has the right to draw up an act and a written statement, which indicates:
1) the time of the beginning of the refusal of public services (disconnection) or poor-quality supply of it;
2) the nature of the deterioration in the quality of public services;
3) the time of application submission and its registration number (according to the supplier's log);
4) the time of restoration of public services (normalization of its quality);
5) the period of absence (deterioration in the quality) of public services.
The act is signed by the consumer and at least two people, including: a member of the council of the house, the chairman of the association of property owners or a trustee of a simple partnership, or the manager of an apartment building or a management company, and is sent to the supplier. If the dispute is not settled by agreement of the parties, the consumer has the right to apply to the court.
35. Violations committed by the consumer in the use of public services are made out by a bilateral act of representatives of the supplier and the consumer in two copies, one of which is handed over to the consumer.
The act is considered valid even if the consumer refuses to sign it, but on condition that it is executed by a commission of at least three people: representatives of the supplier, the council of the house and the chairman of the association of property owners or a trustee of a simple partnership, or the manager of an apartment building or a representative of the management company.
36. On the basis of the act, the supplier determines the amount of unrecorded energy, water and gas and sends a pre-trial claim to the consumer with the justification of the amount of the surcharge.
If the dispute is not settled by agreement of the parties, after thirty calendar days, the supplier submits a claim to the court to recover the amount presented from the consumer.
Chapter 6. Final provisions
37. Issues in the provision of public services not regulated by these Rules are regulated by other legislative acts of the Republic of Kazakhstan.
In addition to these Rules, suppliers and consumers are guided by regulatory documents, regulatory legal acts in the field of energy, heat, water supply, sanitation, gas supply, collection, export, disposal, processing and disposal of solid household waste, elevator maintenance.