Definition of categories of licenses by the extent of responsibility in the field of architecture, urban planning and construction

In accordance with the laws of the Republic of Kazakhstan dated July 16, 2001 “On architectural, urban-planning and construction activities in the Republic of Kazakhstan" and dated January 11, 2007 “On licensing”, the licensees in the field of architecture, urban planning and construction fall into one of the three categories.

The main criterion for gradation into categories is licensee’s experience, which is estimated from the date of receipt of the license for the activities applied for.  Thus, to be included in category I, the licensee must have an experience of not less than ten years; for category II- the licensee’s experience must be at least than five years, companies with the experience of less than five years that have just obtained a license may only work under category III.

Categorization implies the levels of responsibility of the Licensee Company’s project proposed for construction. According to the Decree of the Government of the Republic of Kazakhstan No. 1656 dated 23.10.2009, there have been Guidelines approved that determine the extent of responsibility. For example, Licensee Companies may determine on their own, which category they belong to. Technical complexity of construction project is determined depending on its importance level of technical requirements to reliability and strength of foundations and structures that are established by State (Interstate) standards that define basic guidelines for calculations, loads and effects.

Importance level (first – higher; second – normal or third – reduced)of a project proposed for construction is determined by the developer (general design engineer) in the design process, depending on the specified:

1) functional purpose of the project;

2) specific features of its bearing and enclosing structures;

3) number of floors (construction layers);

4) seismic hazard or other special conditions of construction site;

5) other environmental affects (wind or snow loads and the like).

The established importance level is recorded in the project materials as technical characteristics of the building or structure.

Technically complex projects(complexes) of production designation include all buildings and structures of the first (higher) and second (normal) importance levels.

Technically complexprojects (complexes) of residential and civilian designation do not include all the buildings of the third (lower) importance level, as well as the following buildings and facilities of the second (normal) importance level:

1) residential houses (buildings) and hostels in height:

up to 5 above-ground floors inclusive – for areas with geological conditions, and without flexible lower floors for areas with high seismic activity (rate 7 or more) or other specific geological (hydrogeological) and geotechnical conditions requiring specialized design solutions and activities during construction;

up to 3 floors (including flexible first floor) inclusive - for areas with high seismic activity (rate 7 or more) or other special geological conditions, (hydrogeological) requiring specialized design solutions and activities during construction;

2) hotel facilities (motels, tourist camps) with the number of rooms – no more than 50 and with capacity - not more than 100 guests, in height:

up to 5 above-ground floors inclusive – for areas with geological conditions, and without flexible lower floors for areas with high seismic activity (rate 7 or more) or other specific geological (hydrogeological) and geotechnical conditions requiring specialized design solutions and activities during construction;

up to 3 floors (including flexible first floor) inclusive - for areas with high seismic activity (rate 7 or more) or other special geological conditions, (hydrogeological) requiring specialized design solutions and activities during construction;

3) public buildings and facilities:

pre-school institutions for up to 60 children, inclusive;

schools and other secondary education institutions with capacity of up to 250 students inclusively;

free-standing bedroom blocks of boarding schools, children's recreation camps up to two floors and with a capacity of no more than 100 children;

hospital for 60 beds; clinics for 100 visits per shift, inclusive;

religious buildings and structures for simultaneous stay of no more than 250 people at the time of mass administration of rites;

multifunctional public and free-standing administrative, service-management, and cultural and educational buildings (for simultaneous stay of no more than 300 people) up to 5 floors inclusively - for areas with normal geological conditions;

the same with the height up to 3 floors inclusive - for areas with high seismic activity (rate 7 or more) or in other specific geological (hydrogeological) and geotechnical conditions requiring specialized design solutions and activities during construction;

sports and entertainment buildings and indoor facilities with meeting rooms for no more than 300 seats – for areas with normal geological conditions;

same with the halls for not more than 100 seats – for areas with high seismic activity (rate 7 or more) or in other specific geological (hydrogeological) and geotechnical conditions requiring specialized design solutions and activities during construction;

free-standing one- and two-storey buildings and indoor bathing and health improving facilities, health and fitness or leisure-entertainment complexes with simultaneous stay of visitors and staff of no more than 100 people;

free-standing one- and two-storey buildingswithproduction processes for domestic consumer service by small business entities;

free-standing one-and two-storey buildings of public catering enterprises with capacity of not more than 100 seats;

free-standing one- and two-storey buildings of  trade enterprises with sales area of no more than 500 square meters;

indoor markets with sales places of no more than 300 units;

4) civilian transport infrastructure facilities for construction in areas with normal geological conditions, including:

railway stations with pass-through function up to 100 passengers per day, inclusive;

bus stations with waiting rooms for up to 75 people;

terminals and airport terminals, designed for servicing of airline passengers, with pass-through function up to 75 passengers per hour, inclusive;

sea and river stations (with the exception of floating wharves and landing-stages) with waiting rooms up to 75 people, inclusive;

5) free-standing car service centers with simultaneous maintenance of no more than 10 vehicles;

6) free-standing one-storey (over-ground or underground) garages and parking lots with capacity of not more than 25 cars;

7) free-standing utility facilities (warehouses and storage facilities that do not require special storage conditions for goods or materials), as well as other buildings and structures for civil use with built-in (integral and attached) storage facilities (warehouses), not requiring special design decisions and activities during construction and operation; ensuring fire and explosion safety, special conditions for maintenance of a certain level of aeration, temperature behavior, humidity, vibration control and other special requirements.

Law of the Republic of Kazakhstan dated July 16, 2001 No 242-II “On architectural, town-planning and construction activities in the Republic of Kazakhstan” implies categorizing in performance of operations under contracts and subcontracts. Thus, Article 32 “Physical and Legal entities, for implementation of design activities and construction works in the field of architecture, urban planning and construction, can be divided into the following categories:

Category I - carry out activities referred to in this paragraph on the projects of all levels of importance within the framework of the existing license;

Category II - carry out activities referred to in this paragraph, on the projects of second and third levels of importance, as well as works on the first importance level projects within the existing license under the subcontracts;

Category III - carry out activities referred to in this paragraph, on the projects of second technically unsophisticated and third importance levels, and works on the projects of first and second importance levels within the framework of the existing license under subcontracts.

Categorizing physical and legal entities assigning those to a certain category is done by the licensor when issuing a license in accordance with qualification requirements for design activities, construction and assembly works in the field of architecture, urban planning and construction, and is indicated in special conditions of license validity”.

This is the procedure for assigning license categories to licensee Companies during reissue of licenses in the field of architecture, urban planning and construction, which must be performed before July 30 of the year 2012.