Please tell me the size of the adjacent area to the shopping pavilion. | Kemerovo

Calculation example for a second class territory

1. Sweeping snow. Scope of work - 5000 sq.m, number of days per year - 67, frequency of work every 2 hours during snowfall, repeatability throughout the year (Pp) - 810, standard time per unit area (Nvr) - 0.17 min.

Annual time expenditure for the entire scope of work (Zvr/year) - 5000 x 810 x 0.17 = 688500 min.

1. Sanding - 5000 sq.m., 20 days a year, 2 times a day, Pp = 40, Nvr = 0.15 min.

Zvr/year = 5000 x 40 x 0.15 = 30000 min.

1. Sweeping an area with asphalt pavement – ​​3000 sq.m., 221 days, 1 time per day, Pp = 221, Nvr = 0.1 min.

Zvr/year = 3000 x 221 x 0.1 = 66300 min.

Total time spent per year on the entire complex of work is 688500 30000 66300 = 784800 min. or 13080 hours.

The required number of janitors = 13080: 1995 x 1.12 = 7 people, where 1995 is the working time of one janitor per year, 1.12 is the absenteeism rate.

Quantity

Legislation to regulate the work of janitors has developed and approved time standards for performing each type of work.

Basically, when preparing the scope of job responsibilities of a janitor, they rely on:

• Order of the State Construction Committee of the Russian Federation dated December 9, 1999 No. 139 “On approval of Recommendations on the standardization of labor for workers involved in the maintenance and repair of housing stock”;
• Resolution of the Ministry of Labor of the Russian Federation dated June 24, 1996 N 38 “On approval of service standards for workers engaged in sanitary maintenance of households”;
• Resolution of the State Construction Committee of the Russian Federation No. 170 dated September 27, 2003 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock.”

The regulations of local self-government regulate not only the general procedure for the maintenance and improvement of the territory of the municipality, but also who should clean the area near a store or catering establishment if they are located in a residential building, whose functions include keeping intra-block passages clean.

Size of the adjacent area to the building

The working group to determine the boundaries adjacent to certain organizations and objects of territories where retail sale of alcoholic beverages is not allowed on the territory of the municipal formation of the city of Nizhny Tagil, created by the resolution of the Administration of the city of Nizhny Tagil dated 06/05/2013 No. 1052: 1) at least one once a year, monitor the opening and closing of children's, educational, medical organizations, sports facilities, train stations, markets; — dated November 14, 2013 No. 2720

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1) Distance values ​​from children's, educational, medical organizations, sports facilities, train stations and markets to the borders of adjacent territories where retail sale of alcoholic beverages is not allowed (Appendix No. 1); 2) Schemes of the boundaries of adjacent territories to children's, educational, medical organizations, sports facilities, train stations, markets where retail sale of alcoholic beverages is not allowed (Appendix No. 2). Used when calculating distances from children's, educational, medical organizations, sports facilities, train stations and markets to the boundaries of adjacent territories where retail sales of alcoholic beverages are not allowed, circles with a large radius are applied to stationary retail facilities; circles with a smaller radius - in relation to facilities providing catering services.

Depending on the season

In winter and summer, the list of janitor jobs, as well as the main tool used for cleaning, differ. Accordingly, different standards for the cleaned area have been established. The size of the area is influenced by weather conditions, type of surface covering, intensity of pedestrian flow and other factors.

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Breakdown into groups by traffic intensity:

• when traffic is up to 50 people per hour, it is considered first class;
• with a flow of 50-100 pedestrians - the second;
• if more than 100 people move along the sidewalk per hour - third.

Yard sidewalks belong to the first class. Lawn areas are not included in any classifications and are considered separately during standardization.

It is customary to divide sidewalks by type of coating:

• improved (asphalt concrete, paving stones);
• unimproved (crushed stone, cobblestone);
• areas without coverings.

In winter, the standards for the harvested area are lower than in summer.

The method for calculating cleaning standards for a janitor is to add up the standards for each type of work performed in different periods and divide the working time by the result obtained. This results in the area that a worker must clean while following the technology and performing other auxiliary types of work.

Employers take the time standards for cleaning 1 meter of area in various ways and using different tools, for cleaning one trash can, for taking out one bag of garbage, and so on for each type, from the standards developed by government agencies. If necessary, the management of the organization hiring janitors can develop their own standards by timing the entire cleaning cycle.

Summer standards

The janitor's summer cleaning standards consist of sweeping sidewalks, watering and caring for lawns, removing garbage and solid household waste generated in the entrusted territory.

According to the intensity group, first-class pedestrian paths are swept once every two to three days, the rest are swept once or twice a day.

When calculating the load on a janitor in the summer, the following are taken into account:

• daily cleaning of waste bins with morning rinsing;
• removal of collected waste to containers or garbage bins;
• organizing bulky garbage and waste at a special site;
• collecting fallen leaves and removing them to containers or to a special area;
• watering asphalt in hot weather.

In winter time

The main task of a janitor in winter is to remove ice and snow and sprinkle icy paths with sand or chemicals.

Accordingly, on first-class pedestrian paths, snow removal is carried out once every three days, on the rest - they are removed daily or every other day. When fresh snow falls, cleaning is carried out immediately, regardless of the surface of the sidewalks or the intensity of pedestrian traffic.

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Loose, recently fallen snow in a layer of up to 2 cm is swept with a broom, and over 2 cm is moved using a wide scraper or snow shovel. The winter season and snowfall do not relieve the janitor of the responsibility for collecting garbage, which must be taken into account in winter standards.

Legal status of the adjacent territory

The essence of the dispute, which most lawyers have probably heard of and which raised an issue that has not yet been resolved by the federal legislator, was as follows.

CJSC “Tander” (the same “Magnit”) considered that the norms of the rules for the improvement of the city of Bryansk (and the rules are standard) violate their rights and impose an unreasonable responsibility for the notorious cleaning of the adjacent territory. These norms were found to be inconsistent with Art. 71 Constitution of the Russian Federation, Art.

210 of the Civil Code, Part 4 of Art. 7 and Art. 16 of Federal Law No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation.” As briefly as possible: the adjacent territory is the property of the municipality, therefore, by virtue of Art.

210 of the Civil Code of the Russian Federation, it is he who bears the burden of maintaining her, and in the absence of a federal norm or agreement, it is impossible to force someone to look after her.

By the way, on Bryansk’s side was the Prosecutor General’s Office, which, after the court’s decision, logically changed its position and instructed lower-level prosecutors to “clean up” local improvement regulations from such norms.

Links:

https://www.garant.ru/products/ipo/prime/doc/70791918/

https://pravo.ru/court_report/view/116543/

Then trouble came, from where we had not expected it at all - the Ministry of Justice of the Russian Federation planted a pig in another matter, having achieved the recognition as invalid of the Methodological Recommendations for the development of norms and rules for the improvement of the Ministry of Construction (which, moreover, having the signs of a normative legal act, were not registered with the Ministry of Justice ):

https://prokhmao.ru/legal-advice/mo-help/4/?ELEMENT_ID=50061

Thus, the Supreme Court of the Russian Federation, with a broad gesture (and a formal approach/literal interpretation of the law), resolved a rather long-standing and rather subtle issue. The corresponding administrative practice was also suppressed. But, as you know, every coin has two sides.

In fact, the use of adjacent (except for MKD) territories is a custom and it was formed in Soviet times (I won’t undertake to judge about Tsarist Russia).

To a lesser extent, this applies to cities, and to a greater extent to small settlements, since in a city every piece of land counts (and the volume of such adjacent territories is minimal), but in settlements this territory is quite vast and is actively used.

Citizens, not the municipality. And if de jure the same “Magnit” is not to blame for littering such a territory until the contrary is proven in a judicial or administrative manner, then de facto it is obvious that product packaging, boxes and simply garbage on such a territory arose either directly guilt, or in connection with the mass visits of citizens to this store.

Clause 2 of the Plenum of the RF Armed Forces of June 23, 2015

No. 25 explained that a custom, which, by virtue of Article 5 of the Civil Code of the Russian Federation, can be applied by a court when resolving a civil dispute, should be understood as not provided for by law, but established, that is, fairly defined in its content, a widely applied rule of conduct in establishing and the exercise of civil rights and the fulfillment of civil duties not only in business, but also in other activities, for example, determining by citizens the procedure for using common property, fulfilling certain obligations. A custom is subject to application, both recorded in any document (published in the press, set out in a court decision in a specific case containing similar circumstances, certified by the Chamber of Commerce and Industry of the Russian Federation), and existing independently of such recording. The existence of a custom must be proven by the party that refers to it (Article 56 of the Civil Procedure Code of the Russian Federation, Article 65 of the Arbitration Procedure Code of the Russian Federation). But with the caveat that, according to paragraph 2 of Article 5 of the Civil Code of the Russian Federation, customs that contradict the basic principles of civil legislation, as well as the provisions of laws, other legal acts or agreements that are mandatory for participants in the relevant relationship, are not applied. Unfortunately, the Supreme Court of the Russian Federation (with the tacit connivance of Bryansk and the Prosecutor General’s Office) did not consider the issue of classifying the controversial norm as a custom and, accordingly, the issue of its contradiction to the basic principles of civil legislation (which, it seems to me, can include the principle of distributing the burden of maintaining property) did not consider. It's a pity. To some extent, formalism was the right way out, since there are legal mechanisms for preventing the use of adjacent territories (which are, after all, territories and public lands). But this violates the delicate balance that has been achieved over the years: you have the right to use the adjacent territory without a contract, on the basis of the mere possession of an adjacent plot, and in return you carry out its improvement. Because when such a territory is formally classified as public land (intended, as is known, for unhindered access by an indefinite number of persons), in fact this territory is used exclusively by the owner of the household/other property. Moreover (with a certain degree of assumption), Art. 304 and 209 of the Civil Code of the Russian Federation protects such an owner of the corresponding plot (and at the same time, a formally owning non-owner) from encroachment in the form of any occupation of this territory, since it provides passage and travel from the house to the road or street. Or it allows you to drive the car out of the garage, use it as a so-called. guest parking. The classic principle also worked, according to which the insufficiency of the budget does not relieve the municipality from performing any duties, despite the fact that objectively no settlement is able to ensure the proper maintenance of all public areas. Yes, parking and storage of cars is prohibited. Yes, unauthorized occupation of a plot of land is prohibited. And littering is prohibited. And plant flowers. But having ignored the principle of reasonable restraint, so beloved by the Constitutional Court, the Supreme Court of the Russian Federation did not think about the consequences. After all, without the legal opportunity to influence people, the municipality, as the owner of public lands, has only the path of prohibition. Meanwhile, in this situation, the Ministry of Construction humbly accepted judicial acts and is developing new methodological recommendations (in many ways similar to the old ones). Nobody is turning to the federal legislator with a rather obvious proposal to finally determine the special legal status of the adjacent territories. Municipalities find a way out by adopting regulations according to which it is prohibited to use adjacent territories without concluding an appropriate use/lease agreement, while facing the problem arising from the fact that such territories need to be somehow individualized, and with a high degree of probability - through cadastral registration . At the same time, such land is not occupied by the corresponding property, which raises questions about the possibility of providing it for such generally useful purposes, it would seem, without holding a tender (although, again, holding a tender here is objectively inappropriate due to the strong connection between the home ownership and the adjacent territory) . It is logical to assume that payment for such use for individuals is practically excluded - this will give rise to social tension and a banal refusal of citizens to accept such a burden - after all, it will be easier to go to court or to the prosecutor, who will oblige the administration, for example, to mow the relevant territory. In any case, as before these controversial decisions were made, in general the issue of maintaining banal cleanliness remains on the conscience of the residents themselves, as before. Those who cleaned up after themselves will continue to clean up; they don’t need legal norms for this. Those who were dirty and a neighbor whom no one loves will remain so.

But for “Magnit” in Bryansk, I think it will now be much more difficult to explain why their trucks are unloaded on the territory of the municipality, as well as to ask for permission to place parking lots for clients there.

Source: https://zakon.ru/blog/2017/08/18/pravovoj_status_prilegayuschej_territorii

Standardization of work for a janitor in a state organization

By order of the Ministry of Labor of Russia dated September 30, 2013. No. 504 approved a methodology for developing a procedure for standardizing labor in government institutions, which is advisory in nature.

Standards for cleaning the territory for a janitor in a budgetary institution are formed by analyzing federal standard standards.

With their help they determine:

• time standards (time spent on performing a unit of work by one employee);
• maintenance standards - the area that an employee must clean per unit of working time;
• standard number - the number of workers required to perform specific work.

The developed system of labor standardization in a budgetary institution is formalized by the corresponding Regulations, which is included as an independent section in the collective agreement.

What work needs to be done

The work required by a janitor is specified in his job description or in the employment contract. Time periods for carrying out cleaning activities are established so as not to create inconvenience to citizens.

Responsibilities of a janitor for cleaning the local area:

• maintaining the cleanliness of the areas adjacent to the building;
• cleaning sidewalks, removing dust, sand, snow, ice, debris;
• watering sidewalks in the summer and sprinkling sand in the winter;
• keeping fire and storm water wells and drains clean;
• ensuring the safety of plants and grass cover in the entrusted territory;
• maintenance of fences and fences;
• cleaning and washing trash cans;
• cleaning cornices and drainage pipes;
• timely informing management about violations;
• cleaning of children's and sports grounds, if available;
• cleaning areas for garbage containers, assisting in unloading them if necessary.

The list is far from complete and in each specific case can be expanded or reduced by the employer depending on needs and volumes.

Cleaning the territories of enterprises is the responsibility of owners and tenants

Special attention must be paid to clearing the territories of various enterprises and institutions, including retail facilities and bus stops. During the next operational meeting in the municipality, an instruction was given to intensify work in this direction with the owners and tenants of these objects.

Let us remind you that, according to the law, the responsibility for clearing snow and ice from their territories, ensuring the safety of employees, visitors and passers-by lies with enterprises, organizations and institutions of Ufa.

If solving this issue on main and intra-block streets is the concern of the local administration, then clearing the areas near shops, cafes, offices and other objects is the responsibility of entrepreneurs. As well as compliance with safety regulations. The same goes for bus stops: the owner must keep the entire platform clean and ensure that passengers can get on and off public transport without any problems.

Unfortunately, many private organizations do not even clear sidewalks near their buildings, not to mention adjacent parking spaces and snow removal. As an excuse, they usually cite ignorance of the fact that cleaning must be done from their porch to the beginning of the roadway. Meanwhile, all this is spelled out in the relevant documentation of the Administrations of the city districts, in the territories of which one or another entrepreneur decided to operate. The rules for the improvement of the city of Ufa state that sanitary cleaning and maintenance of the city territory is carried out by legal entities and individuals within the assigned and adjacent territories. Violation entails drawing up a protocol on an administrative offense and penalties.

As for the housing stock, timely removal of ice and snow from the roofs of houses, cleaning of the local area is included in the list of maintenance works. Regardless of the form of management, residents have the right to demand the fulfillment of duties from persons or companies involved in maintaining common property.

However, in cases where the canopies on the balconies are installed by the homeowners themselves, they are also obliged to clear them of snow and icicles on their own. It is worth noting that if snow or an icicle falls from such an unauthorized balcony, causing damage to the health of a bystander or property, the owner will have to answer for the consequences.

In Ufa, the calendar winter with heavy snowfalls came into its own not so long ago - in early December, but it was not possible to do without incidents related to snow falling from roofs. A recent incident occurred in the Sovetsky district: a mass of snow fell from the canopy of the balcony of the 9th floor of a residential building on Bakalinskaya Street onto a Toyota Avensis car parked nearby. A block of snow damaged the roof, trunk and rear window of the car. This car was parked on the sidewalk.

During the operational meeting, instructions were given to intensify efforts to evacuate cars left in unauthorized places. Cars abandoned for several days, or even weeks, not only interfere with safe movement, but also complicate the work of clearing the streets of snow. “The situation with such “snowdrop cars” needs to be reversed and this should not be allowed to happen in principle. Every owner must understand that a car left in the wrong place will be evacuated,” noted the first deputy head of the Ufa City Civil Defense Administration, Salavat Sakhievich Khusainov.

In these conditions, when equipment is difficult to operate, housing and communal services are keeping a dignified watch and performing the necessary work to clean the streets of the capital. In accordance with weather conditions, special equipment and employees of municipal enterprises for the improvement and maintenance of the city clear snow both during the day and at night.

Let us recall that in Ufa a decision was made to reduce the use of sand-salt mixture, to minimize the use of reagents in favor of mechanical clearing of streets, courtyards and sidewalks and prompt removal of snow in the maximum possible volumes.

Calculation of the number of janitors

1. Determine what work they will perform during the year. This is required by the seasonality of work.
2. The repeatability of work (taking into account climatic conditions and labor intensity for the year) is calculated according to two indicators: the number of days of the required work for an annual period and the frequency of work on these days.
3. According to meteorologists in Moscow, the average number of days without snow, that is, the possible number of days of the work in question in a year, is 221 days. The frequency of sweeping per year (Pp) can be calculated according to the Rules and Standards for the Operation of Residential Buildings.
4. Standards for janitors are set depending on the class of the territory, determined by the intensity of human flow.
5. I class - up to fifty people/hour - sweeping once every two days. Pp = 221x1 times: 2 = 110 times.

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II class - from fifty to a hundred people/hour - sweep once a day. Pn = 221 x1 times: 1 day = 221 times.

III class - over a hundred people/hour - sweep twice a day. Pp = 221x2 times: 1 day = 442 times.

The traffic intensity is recorded on the sidewalk (width 0.75 m) according to the maximum load in the morning and evening.

In addition to the gradation by class, the types of surfaces on which cleaning is carried out are also taken into account:

• improved - asphalt, paving slabs;
• unimproved - crushed stone;
• areas without coverage;
• lawns.

Size of the adjacent territory to a private house

Another quite pressing problem for many private owners is the improvement of the area adjacent to the building. In this regard, experts recommend drawing up a site plan, distributing objects on it at your own discretion. Landscaping involves a certain set of works. It includes:

1. Draw up a plan of the natural border of the territory , with all the objects necessary for the use of a private house marked on it.
2. Indicate in the plan a section of the adjacent territory that is property for municipal use and cannot be alienated.

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Who controls

The work of the janitor is controlled by an employee of the HOA that hired the employee, the management organization, or a representative chosen by the citizens who own the residential premises of the apartment building. If part of the house is owned by a store, catering outlet, office or service enterprise, then the administration of these establishments is obliged to monitor the cleaning of the adjacent territory.

Control is also exercised by local government bodies and government organizations created to protect the interests of property owners’ rights and environmental protection. In case of non-compliance with the rules for the maintenance and improvement of territories, lack of response to requests from the population, organizations and officials who committed violations are subject to administrative penalties.

On a note

The ruling of the Supreme Court of the Russian Federation in case No. A73-13544/2019 allows us to draw several conclusions:

1. The management organization is obliged to maintain children's playgrounds in the local area in proper condition, even if the site has not been formed and the facility is not included in the common property of the owners.
2. The proximity of the site to another apartment building does not matter.

It should be noted that the courts, as evidence of the management organization’s guilt, cited its letter to the city administration stating that, after receiving the order, it inspected the sites and began their repairs, thereby admitting that it was obliged to do this.

Pay level

Employers set wages or payment for janitor services for the scope of work established by the contract and performance of official duties in accordance with standards independently to the best of their financial capabilities.

If the area to be cleaned is smaller or larger, then wages are usually set proportionally. In organizations that apply qualification rules when rationing labor and setting wage levels, the pay for janitors is set at the rate of the first category of workers, that is, the lowest level.

To materially stimulate the work of workers involved in cleaning the territory, a bonus system can be used, providing additional remuneration provided that the standards for servicing the entrusted area are met.

Polina Morozova, a lawyer at the legal service “Unified Center for Protection” (edin.center), answers:

The owner of a property, including non-residential premises, is responsible for its maintenance. In this case, the owner of the non-residential premises either independently organizes the cleaning of the territory and storage/disposal of waste, or, in the absence of a technical or other opportunity to do this, negotiates with the HOA on the amount of the cleaning fee (concluding a separate agreement with the organization for garbage removal and cleaning). This issue must be resolved at a general meeting by determining the share of costs for cleaning non-residential premises and included as a separate line in the HOA budget.

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