The distance from the house to the parking lot is the SNiP norm, which can be found in the updated edition of the set of norms and rules developed back in the era of state standardization. The attitude towards the Soviet-era norms developed in 1989 has not changed; in many ways they remain a valuable collection of practical experience and scientific research. But today it is the set of rules SP 42.13330.2011 that clearly indicates the minimum distance between a parking lot and a residential building. It is a collection of standards for the distances at which a parking lot or place of permanent residence of a car can be located from residential buildings.
Parking in the yard
Car parking must be organized without violating fire safety requirements
Car parking was organized at the entrances to the apartment building. The regulatory authority indicated that the local area is not intended for parking unless it is properly arranged.
At the same time, the department referred to the resolution of the Head of the State Sanitary Inspector of the Russian Federation dated September 25, 2007 No. 74, which introduced a new edition of SanPiN 2.21/21.11200-03. According to this document, car parking is allowed at a distance of at least 10 meters from residential buildings.
In the case under consideration, at the time of the inspection, the cars were at a distance of 3 meters from the house. This is a violation of fire safety legislation: it creates an obstacle to the access of fire equipment to an apartment building.
The space required for the passage of fire equipment is calculated based on the height of the building. These are clauses 8.6 and 8.8 of SP 4.13130.2013, which the management organization violated. Thus, the width of passages must be at least:
- 3.5 m if the building height is up to 13 m inclusive;
- 4.2 m for a building from 13 to 46 m inclusive;
- 6 m for building heights over 46 m.
Distance from the inner edge of the entrance to the external walls or other enclosing structures:
- 5–8 m for buildings up to 28 m high inclusive;
- 8–10 m if the building is more than 28 m high.
The arbitration court, which was the first to hear the case, indicated that the management company must eliminate violations and take measures to ensure fire safety of an apartment building. She has the right to choose the method and conditions for this. The stated demands were denied.
The appeal and then the cassation instance upheld the decision of the first court and supported its conclusions. The Supreme Court of the Russian Federation agreed with this. Next we will tell you which norms the courts relied on.
What a management authority needs to know to challenge a fire safety order
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Regulatory regulation of parking in SNiP
The development of a standard distance from the location of cars near buildings began in the late 80s of the last century, when there was no large concentration of personal vehicles in cities and villages.
Indentation standards according to the requirements of the joint venture
Valuable scientific developments of hygienists and builders are constantly updated, as time demands. Modern realities require compliance with regulatory conditions developed according to the regulations of various competent departments.
Let us note the most important of them:
- The reference book SP 42.13330.2011 (SNiP) indicates what the minimum setback should be from public buildings to parking lots. A definition of the required distances from buildings to parking lots is given, a procedure is established for organizing places where you can leave a car for a long or short time, separation from the recreation area of citizens in a typical microdistrict development.
- Regulatory documentation SanPiN 2.2.1/2.1.1.1200-03 provides the possible distance from the parking lot to window openings in buildings and structures to ensure environmental safety. Analytical data has been compiled in tables based on research by scientists and sanitary doctors. The requirements of territorial authorities for developers are indicated.
- Methodological recommendations for the installation of parking lots are based on the analysis of data provided to the Chief Sanitary Doctor of the Russian Federation and the Ministry of Health. SanPiN is being systematically refined, but always requires compliance with state standards in projects to provide the necessary means of parking for vehicles. The manuals indicate established fire safety standards, what equipment should be and the distance between objects.
- SP 3.13130.2009 indicates the protection of buildings. They must be built from fire-resistant materials, and provisions must be made for the evacuation of citizens during a fire.
Underground Parking
The management authority must monitor safety, including fire safety, in the house
The management organization, in accordance with Part 1 of Art. 161 of the Housing Code of the Russian Federation, must ensure favorable and safe living conditions for people in the house, proper maintenance of common property, resolve issues of use of such property, and provide utilities.
Under the management agreement, the management company, on the instructions of the owners, within an agreed period of time for a fee, performs work and provides services for the management of an apartment building, for the proper maintenance and repair of common property in such a house, and provides utilities (Part 2 of Article 162 of the Housing Code of the Russian Federation).
As stated in paragraph 10 of Rules No. 491, common property must be maintained in accordance with the requirements listed in the legislation of the Russian Federation:
- on the sanitary and epidemiological well-being of the population,
- technical regulation,
- consumer protection,
- ensuring safety for the life and health of citizens.
Proper maintenance of common property is ensured by the owners of the premises. To do this, they enter into an agreement with the management organization or the HOA, housing complex, housing cooperative or other specialized consumer cooperative (clause 16 of Rules No. 491).
The maintenance of common property also includes compliance with fire safety measures (clause 11 of Rules No. 491).
The courts concluded that, in essence of the listed norms, the management organization is obliged to monitor the maintenance of the house, ensure fire safety measures and be responsible for compliance with fire safety requirements in apartment buildings, regardless of the presence or absence of such services in the List of works and services for the maintenance and routine repair of common property.
Permitted distance from parking to residential building
Types of parking:
- A mechanized parking lot is a surface or underground structure divided into separate cells. Using special mechanisms, the machine is transported to the cell allocated for it until the owner needs it again. Most often used for long-term storage of cars. For example, at airports.
- Surface open parking – has half-open openings and is a structure made of parapets. The openings allow for good ventilation of the room. Does not require an additional ventilation system or smoke removal system.
- Closed surface parking lot - the parking lot consists of several tiers, all equipped with fencing structures. Often used in shopping centers.
- Modular, prefabricated parking lot - does not require much time to construct. Mounted on a reinforced concrete slab or on a prefabricated foundation. Easy to understand. It can be mechanized, semi-mechanized and arena.
- A bunded parking lot can be either above ground or underground. The main difference is that a fencing structure and diked soil are erected around it. Such a parking lot can be either open or closed.
- Separate parking lot – this type of parking is located outside the building in a separate area.
- A floating parking lot is a kind of pier that is used to store cars that are in the port.
- Parking is an area for leaving cars for a short time. These are the ones most often found in most courtyards of apartment buildings. is the simplest and most accessible structure; the territory is only delimited by markings and signs.
- Parking is an area for temporarily leaving cars. Also installed near shopping centers.
- A flat open parking lot is a specialized area that does not require pouring a foundation, since it has only one floor. Designed for temporary storage of vehicles.
- Semi-mechanized parking lot - has separate cells for storage, but transportation of cars in them occurs in a semi-mechanized way with the help of the car owners themselves.
- Underground car parking – located underground. Each parking floor is located below the planning ground level by more than half the height of the room.
What should be the distance from the parking lot to the house?
Regulatory documents clearly state the distance at which a parking lot or parking lot can be located from buildings . Thus, the document SP 42.13330.2011 (SNiP 2.07.01-89) clearly stipulates the construction of cities and the development of settlements, both urban and rural.
Clause 2.9 requires the organization of travel routes between residential areas and separately constructed buildings. Paragraph 6.39 provides an explanation of the distance between above-ground and above-ground-underground garages, open parking lots, service stations to residential buildings and socially significant facilities.
The distance from the parking lot to a residential building directly depends on the number of cars in the parking lot and its fire resistance class:
- If the parking lot is intended for parking up to 10 cars, and the garage has an increased fire resistance class, then the distance to a residential building can be less than 10 m. The same distance is provided to the end of a house without windows and a public building. Schools and kindergartens should be at least 15 meters away, but hospitals should be 25 meters away.
- If the parking lot is intended for parking 11-50 cars, then the distance to the residential building should be at least 15 m. Provided that the organized parking has an increased fire resistance class, then it may be less to the end of the residential building, which has no windows, and a public building 10 m. There must be at least 25 m to the child care center, and 50 m to the hospital.
- Will there be 51-100 cars in the parking lot? Then the distance to the nearest residential building should be at least 25 m. It is enough to measure 15 m to the end of a residential building without windows and public buildings. You need to retreat 25 m from the kindergarten and school. The distance from the hospital to the parking lot must be agreed with the management of the institution.
- Parking for 101-500 cars must be located no closer than 35 m from a residential building. The distance to the end of a house without windows and a public building must be at least 25 m, to a school or kindergarten - 50 m. The distance to the hospital will have to be agreed upon with the management of the institution.
The management authority is obliged to take measures to bring the local area into compliance with the requirements of legal acts
The courts also considered the management organization’s arguments that it was impossible to comply with the fire inspection authority’s order: its duties did not include clearing the driveway to the house from parked cars up to a driveway width of 6 meters, and it could not require vehicle owners to clear the driveway to the house . The arguments were found to be unfounded.
In addition, the management office did not provide evidence that it took measures to bring the local area into compliance with the requirements of regulations and invited the owners to resolve the issue of parking in accordance with the requirements of SNiP and SanPiN.
Recommendations from the Authority on fire safety in homes
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On a note
Objectively, management organizations cannot keep track of how close to their homes residents park their cars. To avoid receiving an order from a regulatory authority, you must:
- check that you do not violate the norms of the Federal Law of July 22, 2008 No. 123-FZ, the Fire Regulations in the Russian Federation, approved by Decree of the Government of the Russian Federation of April 25, 2012 No. 390, Decree of the Government of the Russian Federation of December 22, 2009 No. 1052 and other regulations;
- conduct an OSS and resolve the issue of organizing parking for vehicles near the house;
- regularly inform residents of apartment buildings about the need to comply with fire safety requirements;
- write complaints to car owners who violate fire safety requirements. This will help you prove in court that you made attempts to prevent the violation.