Recalculation for poor-quality hot water supply service. Calculation of hot water supply: quality control and recalculations. Required supporting documents

As you know, the Rules for the provision utilities, approved by the Decree of the Government of the Russian Federation dated 05/06/2011 N 354 (hereinafter referred to as Rules 354), provide for a reduction in the cost of utility services in the event that the quality of services does not meet established standards and in the event of interruptions in the provision of these same services exceeding the established duration. Let's try to figure out how the presence or absence of a utility meter influences the amount of recalculation.

Recalculations associated with non-compliance of the quality of services with established standards are not affected by devices for metering the volume of consumed services; no disputes arise in this matter.

Much more interesting question, how recalculations should be made caused by interruptions in the provision of utility services, depending on the presence/absence of metering devices for these utilities.

Almost throughout the entire territory of the Russian Federation, the following practice has developed: recalculations for the undelivered volume of utility services are provided to the owner/tenant of the premises only in the absence of an IPU. And if there is a device, it is considered that the device shows zero consumption during the period of non-provision of the service, thereby ensuring the measurement of the actual volume of consumption of the service, the cost of which is presented for payment to the owner/tenant whose premises are equipped individual device accounting For some reason, this scheme for providing recalculations is considered fair and in accordance with current legislation.

The logic of such “recalculators” is simple: a person must pay for the volume of utility services provided. If he installed the IPU, then the device will measure the volume, and an invoice must be issued for this volume. If there is no device, and the calculation is carried out according to the standard, then the volume of actually consumed service must be calculated taking into account the interruption in the provision of this service, i.e. do a recalculation.

Adherents of this logic forget one essential point. Recalculation of the cost of utility services aims not only to determine the payment for the actually consumed volume of service, but also certain “penalties”. After all, the peculiarity of a utility service is that it should always be available! Any owner/tenant of an apartment has the right to expect that when the valve is turned, water will flow from the tap. And if this water does not flow, i.e. If the service is unavailable, then not only should the fee for this service be waived, but also some “damage” caused to the bona fide consumer should be compensated.

This is precisely the logic that is confirmed by law!

Paragraph 98 of Rule 354 establishes: “When providing a consumer with ... a utility service during the billing period ... with interruptions exceeding the established duration, as well as during interruptions in the provision of a utility service for repair and maintenance work within the established duration of the breaks, the amount of payment for such a utility service for billing period subject to reduction up to complete liberation consumer from payment such a service..."

What does “up to complete exemption from payment” mean? After all, guided by the logic of the absence of recalculations in the presence of an IPU, it is obvious that a complete exemption from payment can only be with zero consumption of the service (according to the IPU). If the device shows at least a liter of water, then you must pay for this water.

And when are “regulatory workers” (who do not have an IPU) exempt from payment? It is logical to assume that they are exempt from payment when the service was not provided at all during the billing period!

What does Rule 354 say about this?

The above-mentioned clause 98 of Rule 354 states: “... the conditions and procedure for changing the amount of payment for utility services when providing utility services poor quality and (or) with interruptions exceeding the established duration, are given in Appendix No. 1 to these Rules...".

We open Appendix 1. We see that during interruptions in the provision of any type of utility service above the established limit, a recalculation is carried out in the amount of 0.15% for each hour of such excess.

And the limit on the duration of breaks is set, I must say, low. For cold water supply, hot water supply, water disposal - 8 hours per month (total), for gas supply - 4 hours per month (total), for heating and electricity supply - 24 hours per month (total).

Let's look at an example. The cold water in the house was turned off. Let this happen in a month with 30 days. There was no water for 29 days. On the thirtieth day they gave water, and people began to wash, wash everything around, etc. In general, they consumed water in an amount many times greater than their usual consumption. Then all the residents asked for a recalculation.

And now a recalculation is made for the “regulators”:

The break in the provision of cold water was 29 days X 24 hours = 696 hours. Allowable break is 8 hours. For each hour over the permissible break, the fee must be reduced by 0.15%. In total, the fee will decrease by (696 - 8) x 0.15 = 103.2%! Those. There will be just a case of “complete release of the consumer from payment.”

And the “lucky” owners of IPU will be told: “And your meters increased by two cubic meters in just one day! Please pay!" Let us not be surprised at the “injustice”; in the majority of the Criminal Code and the RSO, in response to all our indignations, they will reasonably remark: “Law and justice are two different things!” And they will be right, but not in this case.

Let's not talk about justice and immediately turn to the law.

Once again, carefully read paragraph 98 of Rule 354 ( let's quote it in full):

« 98. When provided during the billing period to a consumer in a residential or non-residential premises or for general house needs in apartment building utility service of inadequate quality and (or) with interruptions exceeding the established duration, as well as during interruptions in the provision of utility services for repair and maintenance work within the established duration of breaks, the amount of payment for such utility service for the billing period is subject to reduction until the consumer is completely released from payment for such a service.

Requirements for the quality of public services, permissible deviations from these requirements and the permissible duration of interruptions in the provision of public services, as well as the conditions and procedure for changing the amount of payment for public services when providing public services of inadequate quality and (or) with interruptions exceeding the established duration, are given in the appendix No. 1 to these Rules.

If, in accordance with these Rules, the amount of payment for a utility service for a billing period is not finalized and is subject to further adjustment, then the amount of reduction in the payment for a utility service for such a billing period cannot exceed the finally accrued amount of payment for the corresponding utility service for such a billing period.”

So, as we see, there is no mention of the dependence of recalculation on the presence or absence of a meter!

Those. for a break in the provision of utility services to owners/tenants of premises equipped with IPU, it is necessary to recalculate! There cannot be any other interpretation of paragraph 98 of Rule 354!

The question immediately arises - how then to apply paragraph 99 of the same Rules 354? After all, it is directly stated there: “ During interruptions in the provision of public services exceeding the established duration, as well as during interruptions in the provision of public services for repair and maintenance work within the established duration of the breaks, the amount of payment for such public services, calculated in the absence of a collective (common house), individual or common (apartment) metering device of the corresponding type of utility resource, is reduced by the amount of payment for the volume of utility services not provided».

What does it mean? Does clause 99 contradict clause 98? Or does he clarify it?

In fact, there is no contradiction or clarification. Both clauses 98 and 99 are subject to application. And they are talking about two different recalculations.

Clause 99 establishes the obligation to carry out the type of recalculation that is mainly used now. This recalculation is associated with a reduction in fees for the cost of undelivered utility services. In this case, we are really talking about determining the actual volume of service consumed. Consequently, for premises equipped with metering devices, this volume is determined according to the IPU, and recalculation is not required, but for premises not equipped with IPU, the actual volume consumed must be calculated, namely, the standard value must be reduced by an amount proportional to the duration of the interruption in the provision of the service for billing period. This is exactly the procedure established by clause 100 of Rule 354.

And here Clause 98 establishes “penalties” for interruptions in the provision of services. And these “sanctions” are applied regardless of the presence/absence of metering devices.

Thus, Recalculations for interruptions in the provision of CG are made as follows:

1. For premises not equipped with IPU:
1.1. Based on clause 99 of Rule 354, the volume of consumed CG must be reduced. The procedure for calculating the volume by which to be reduced established by standard consumption volume is given in clause 100 of Rules 354.
1.2. Based on clause 98 of Rules 354, the payment for consumed CG is reduced (in the amount reduced on the basis of clause 99) in accordance with Appendix 1 to Rules 354.

That is, first the actual volume of consumed service is determined (by reducing the consumption standard), then the cost of this actually consumed volume is reduced by 0.15% for each hour of exceeding the permissible duration of the interruption in the provision of utility services.

2. For premises equipped with IPU:
2.1. Based on clause 98 of Rules 354, the payment for consumed utilities is reduced (in the amount determined by the IPU) in accordance with Appendix 1 to Rules 354.

That is, the actual volume of consumed service is determined by the IPU, then the cost of this actually consumed volume is reduced by 0.15% for each hour of exceeding the permissible duration of the interruption in the provision of utility services.

I repeat once again: recalculation for a break in the provision of utility services exceeding the permissible duration is provided in accordance with Rules 354 to all consumers, regardless of the presence or absence of utility metering devices

continuation of the topic of recalculations

According to sanitary standards, hot water from the tap should be from 60 to 75 *C. If the water temperature is less than 60 * C, then a recalculation must be requested.

17.03.2011 I called the control room with a request to measure the water temperature. According to government decree 05/06/2011 N354 “On the provision of commercial services to owners and users”, the procedure should be as follows:

106. A report of a violation of the quality of a utility service can be made by the consumer in writing or orally (including by telephone) and is subject to mandatory registration by the emergency dispatch service. In this case, the consumer is obliged to provide his last name, first name and patronymic, the exact address of the premises where a violation of the quality of the utility service was discovered and the type of such utility service. The emergency dispatch service employee is obliged to inform the consumer about the person who received the consumer’s message (last name, first name and patronymic), the number under which the consumer’s message was registered, and the time of its registration.

107. If an employee of the emergency dispatch service of the contractor knows the reasons for the violation of the quality of the utility service, he is obliged to immediately notify the contacting consumer about this and make an appropriate note in the message log.

108. If the employee of the emergency dispatch service of the contractor does not know the reasons for the violation of the quality of the utility service, he is obliged to agree with the consumer on the date and time of checking the fact of the violation of the quality of the utility service.

109. Upon completion of the inspection, an inspection report is drawn up. [...] The inspection report is drawn up in the number of copies according to the number of interested persons participating in the inspection, signed by such persons (their representatives), 1 copy of the act is given to the consumer (or his representative), the second copy remains with the contractor, the remaining copies are transferred to interested parties participating in the verification.

COMPLAINT about the refusal to recalculate the payment for hot water.

On March 17, 2011, at my request in connection with the low temperature of the hot water supply, the chief engineer of ZhEU-54 LLC, Khairetdinova Kh. Temperature measurements were taken hot water in the bathroom and kitchen.

After draining hot water for 5 minutes, the temperature of the pipes was measured. Since in the bathroom the hot water in the tap comes from the heated towel rail pipe, the temperature in the report is indicated as “return temperature (dry): 40.5 * C". Hot water measurements in the kitchen are indicated in the report as “DHW supply temperature: 50*C”.

The repeated temperature measurement provided for by paragraph 74 of the Government of the Russian Federation of May 23, 2006 N 307 “On the procedure for providing utility services to citizens” was carried out only on April 12. The temperature of the hot water in the bathroom was 44*C.

In response to my request to recalculate the payment for DHW, a response was received dated 04/11/2011 No. 766 with the following content: “according to the act, the DHW temperature is 50 * C, the temperature in the bathroom was not measured. The DHW temperature corresponds standard values, recalculation is not performed." Thus, among other things, there is a discrepancy in the answer with the fact that the temperature of hot water in the bathroom was measured and was equal to 40.5 * C

I did not agree with this decision and on April 19 sent a second request, in which I demanded a recount in accordance with paragraph 6 of Appendix No. 1 of Rules 307. In the response dated April 25, 2011 No. 864, all my arguments were ignored and again there was only a reference to paragraph 5 of Appendix No. 1 Rule 307.

I insist that the recalculation should be made in accordance with paragraph 6 of Appendix No. 1 of Rules 307, since there is a violation of sanitary standards and the presence of paragraph 5 of Appendix No. 1 of Rules 307 does not mean that the management company has the right to violate sanitary standards.

So, according to SanPiN 2.1.4.2496-09:
1.2 These sanitary rules are mandatory for everyone legal entities, individual entrepreneurs, whose activities are related to the organization and (or) provision of centralized hot water supply systems.
2.4. The temperature of hot water in water collection points, regardless of the heat supply system used, must be no lower than 60 °C and no higher than 75 °C.

According to paragraph 6 of Appendix No. 1 of the Rules “On the procedure for providing utility services to citizens”, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 307, one of the requirements for the quality of utility services in terms of hot water supply is the constant conformity of the composition and properties of hot water sanitary standards and rules.

The fact that such an indicator as water temperature relates to the properties of water follows from the combined interpretation of the provisions of SanPiN 2.1.4.2496-09 (in particular, clause 2.1.) and Rules 307 (clause 6 of Appendix No. 1).

According to paragraph 6 of Appendix No. 1 of Rules 307, it is stipulated that deviations in the composition and properties of hot water from sanitary norms and rules are not allowed; if the composition and properties of water do not comply with sanitary norms and rules, payment is not made for each day of provision of a utility service of inadequate quality (regardless of the indications metering devices).

In addition, the requirement of SanPiN 2.1.4.2496-09 to maintain a hot water temperature of at least 60*C does not contradict, but only tightens the requirement of paragraph 5 of Appendix No. 1 of Rules 307, according to which the hot water temperature must be at least 50*C for closed systems centralized heating.

ASK:
1) bring OJSC "UZHKh Kalininsky district of the urban district of Ufa RB" to administrative responsibility under Part 2 of Art. 14.4 Code of Administrative Offenses and Art. 6.4 Code of Administrative Offenses
2) issue an order to recalculate the payment for hot water supply for March in accordance with paragraph 6 of Appendix No. 1 of Rules 307, considering the period of provision of utility services of inadequate quality from March 17, 10:00 to March 31, 24:00
3) due to the fact that the response to my request dated April 19 was issued only on April 25, I ask you to warn OJSC "UZHH Kalininsky district of the urban district of Ufa RB" about the inadmissibility of violating the requirements of paragraph 49, subparagraph "I" of rules 307, according to to which a notice of acceptance of this requirement and subsequent satisfaction or refusal to satisfy it, indicating the reasons for the refusal, must be sent to the applicant within two working days, otherwise an administrative case may be initiated under Part 1 of Article 14.8 of the Code of Administrative Offenses
4) due to the fact that SanPiN 2.1.4.2496-09 does not provide standards according to which deviations in water temperature would be allowed during the first minutes, I ask you to explain to ZhEU-54 LLC that the water temperature should be measured without first draining the water. *

10.05.2011 a whole delegation arrives to measure the water temperature: a representative of Rospotrebnadzor, an employee of the Federal State Institution "Center for Hygiene and Epidemiology in the Republic of Belarus", Chief Engineer ZhEU-54, two important representatives of Kalininsky UZHH.

23.05.2011 comes the answer from Rospotrebnadzor:


1.06.2011 UZHH notifies:

Receipt arrives:

16.06.2011 Just in case, I’m writing a statement asking for an explanation of exactly how the recalculation was calculated:

In accordance with paragraph 49 (subparagraph "p") of the Russian Government Decree "on the procedure for providing utility services to citizens" dated May 23, 2006 N 307, I ASK you to provide documents within 3 working days confirming the correctness of the recalculation of fees for hot water supply in the receipt to payment for June 2011

21.06.2011 The ERCC issues a certificate. The text is hard to read, but the point is that the amount of the refund was calculated using the formula: (<Тариф горячей воды> - <Тариф холодной воды>) * <Объём горячей воды> * (<количество дней с температурой ниже 60 *С> / <количестве дней в месяце>)

1. SanPin: http://www.rg.ru/2009/05/22/sanpin-dok.html
2. Old resolution: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=114260
3. New resolution:

Obtaining services is one of the topics that requires knowledge at the level of regulations and legal precedents. The work of public utilities is far from free of complaints from residents. And when receiving low-quality services, you need to understand what these inconveniences cause utility services must pay.

One of the most common violations of the rights of residents as consumers is reduced hot water supply parameters. For this, utility companies are obliged to comply.

The cost of hot water supply is determined in the following main ways:

1. If there is a water meter - by multiplying the established tariff by the number of cubic meters of water consumed based on the water meter readings.
2. With unmetered consumption, payment is the product of the standard consumption per consumer, the number of persons registered in the housing and the calculated tariff.

Full estimated cost is accrued upon quality provision of services. Such parameters are regulated by legal norms. According to SanPin 2.1.4.2496-09, the supplied hot water, at the place where it is received by the tenant, must comply temperature conditions within the range from 60 degrees to 75 maximum. Such conditions must be provided all year round.

There are minor changes in parameters depending on the time of day. So, in daytime Deviations are possible, but not more than 3 degrees. At night from 0 o'clock to 5 o'clock this deviation is no more than 5 degrees.

Actions when a temperature discrepancy is detected

To receive a refund for poor quality services, you must submit an application for recalculation under the hot water supply item. . The application is drawn up on the essence of the issue with a copy of the temperature measurement report attached. The reduction in payment is made directly for the period recorded in the act.

It is important to know how to correctly recalculate water supply. There are several types of calculations:

1. At DHW temperature below 40 degrees – the cost of a cubic meter of water is equal to the price per cubic meter of cold water.
2. For temperature parameters above 40 degrees and up to standard values, the calculation consists of a reduction of 0.1 percent of the payment for every 3 degrees from the norm.

The actions also differ depending on the presence of a metering device. By paying for the service according to the standard, the cost of hot water at low temperatures is reduced in the usual way according to formulas. If there is a meter, recalculation of water supply depends on timely transmitted meter readings. If the meter readings have not been transferred to the management company for more than 6 months, then insisting on a refund or not charging excess amounts may be problematic.

Question of fee revision poor quality service must be addressed in parallel with the elimination of the causes that led to this situation. The reason may be a malfunction engineering equipment. And fixing it may take some time. long time. Only persistence will help you return the opportunity to receive quality service.

The temperature of hot water in the tap according to the standard in 2020 is regulated by SNiP ( building codes and rules) N II–34–76 and SanPiN 2.1.4.2496-09. These documents determine the quality of water supplied to residential buildings for household and drinking needs.

Inadequate quality of tap water

In addition to the temperature, the hot water must match such parameters as cleanliness and pressure. What good is hot water if it runs in a thin stream or is dirty? High blood pressure This is also not a reason for joy: this entails damage to couplings, valves and other elements of the water supply system.

For hot water, pressure limits are set from 0.3 to 4.5 atmospheres. Exceeding these boundaries is a direct reason for contacting the Criminal Code for recalculation.

Impurities in aquatic environment can be either organic or inorganic origin: rust, entry into the earth system, rotting wood, etc. If such cases are frequent and long-lasting, it is necessary to file a complaint with the water utility with a request to inspect the treatment systems, which should be carried out jointly with the housing office.

How to file a complaint?