Supervision and Preventive Work Department of the Office of Supervision and Preventive Work of the Main Department of EMERCOM in Saint-Petersburg filed a claim against “VARNOST” LTD represented by “Aspectum.” under part 4 of Article 14.1 of the Administrative Code of the Russian Federation to the Arbitration court of St.-Petersburg and Leningrad region (case number A56-22901/2017).
According to the administrative protocol “Aspectum.” client was charged with violation of license requirements under SP 5.13130.2009 regulations “Fire protection systems. Installation of automatic fire alarm. Standards and design rules”, hereinafter – SP:
1) alarm from one detector in room 7 on the fire protection plan does not send an “Attention” signal (one detector does send the signal in case of fire) to the control panel (p.14.1 SP),
2) the control panel is not in the room with 24-hour staff on duty presence (the alarm control unit installed under the staircase) (p. 13.14.5 SP).
Based on additional evidences, we could prove that room 7 has two detectors according to the fire protection plan, which are connected, each of them in case of activation issues “Fire” signal (p.13.3.2 SP), the contrary was not proved by the protocol. However, p. 14.1 of SP, establishing signal regulations, requires no signal “Attention”, therefore the absence of such signal cannot be considered as an administrative offence. The Court agreed with our position in this part.
According to p. 13.14.5 SP 5.13130.2009 signal devices and control panels must be installed in rooms with 24-hour staff on duty presence. We could prove that the control panel was originally installed in such room (under p. 13.14.5 SP) during the control panel maintenance it was in the room with 24-hour staff on duty presence (security guard office, which was later demolished by another party), which meant that no offense committed under part 4 of article 14.1 of the Administrative Code by “Aspectum.” client
The claim under articles 1.5, 2.1, 24.5 of the Administrative Code was denied by the Court.