___________________________________________
(name of body, full name of head)
From ________________________________________
Tel.__________________________________________
Email _____________________________________

Application for an administrative offense under Article 7.23 of the Code of Administrative Offenses “Violation of standards for providing the population with utility services”

At the address _____________, the management organization violates the norms of the Housing Code of the Russian Federation and the Rules for the provision of utility services, namely in the apartment: poor quality water.

In accordance with the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings approved by Decree of the Government of the Russian Federation No. 354 of May 6, 2011. owners and users of premises in apartment buildings and residential buildings, deviation of the composition and properties cold water from the requirements established by sanitary and epidemiological rules and regulations " Drinking water. Hygienic requirements to water quality centralized systems drinking water supply. Quality control. SanPiN 2.1.4.1074-01” approved by the Chief State Sanitary Doctor Russian Federation 09.26.2001, not allowed. If the composition and properties of cold water do not comply with the requirements of the legislation of the Russian Federation on technical regulation, the amount of payment for utility services is reduced by the amount of the fee in total for each day the service is provided of inadequate quality.

In accordance with paragraph 31 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings adopted by Decree of the Government of the Russian Federation of May 6, 2011 N 354, an organization providing utility services to the consumer is obliged, independently or with the involvement of other persons, to carry out maintenance intra-house engineering systems, with the use of which utility services are provided to the consumer, as well as recalculate the amount of payment for utility services, including in connection with the provision of utility services of inadequate quality and (or) with interruptions exceeding the permissible duration.

In accordance with Article 154 of the Housing Code of the Russian Federation, payment for residential premises includes fees for maintenance and current repairs common property in an apartment building, as well as fees for utilities.

In this regard, the implementation of work to eliminate this violation does not require additional financing from the owner.

Article 2 of the “Regulations on State Housing Supervision”, approved by Decree of the Government of the Russian Federation No. 493 of June 11, 2013, states: “The tasks of state housing supervision are to prevent, identify and suppress violations by authorities state power, organs local government, as well as legal entities, individual entrepreneurs and citizens established in accordance with housing legislation, legislation on energy saving and on increasing energy efficiency requirements for use and safety housing stock regardless of its form of ownership, including requirements for residential premises, their use and maintenance, use and maintenance of common property of premises owners in apartment buildings, the formation of capital repair funds, the creation and activities legal entities, individual entrepreneurs managing apartment buildings, providing services and (or) performing work on the maintenance and repair of common property in apartment buildings, providing utilities to owners and users of premises in apartment buildings and residential buildings, specialized non-profit organizations who carry out activities aimed at ensuring the overhaul of common property in apartment buildings, as well as the requirements for energy efficiency and equipment of premises apartment buildings and residential buildings with metering devices for used energy resources.”

In addition, in accordance with Article 28.4 of the Code of Administrative Offenses of the Russian Federation, the Prosecutor's Office has the right to initiate proceedings for any administrative offense.

Clause 149 of the Rules establishes that the contractor, the organization providing utility services, bears responsibility for violations of the quality of provision of utility services to the consumer, including administrative responsibility.
Violation by persons responsible for the provision of utility services of the standards for providing the population with utility services constitutes an administrative offense, liability for which is provided for in Article 7.23 of the Code of Administrative Offenses of the Russian Federation.

In connection with the above, on the basis of the Decree of the Government of the Russian Federation of September 26, 1994 No. 1086 “On the State Housing Inspectorate in the Russian Federation”, the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation”, I ask:

Organize an on-site verification of the stated facts;

Issue an order to carry out the necessary measures and work to eliminate the violation and carry out recalculation, set deadlines for their implementation;

Initiate administrative proceedings under Article 7.23 of the Code of Administrative Offenses of the Russian Federation, identify the perpetrators and bring them to administrative responsibility.

(date) (signature)

You can file complaints about the inaction of your housing office, management company and homeowners association in the field of housing and communal services to the prosecutor's office or Rospotrebnadzor in your region.

Every city resident is worried about the question “Why is rusty water flowing from the tap and what to do?” This is caused by poor service from utility workers in providing cold water. Therefore, their security services are obliged to quickly eliminate such breakdowns.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right. It's fast and free!

The reasons for rusty (hot) tap water may be as follows:

• Planned outages. When municipal employees at the beginning and at the end of the heating seasons do not thoroughly check the condition of heating networks for the presence of iron and rust in them, and also do not perform hydraulic checks and replace damaged sections of pipelines.
  

  Important! “In metal types of pipes, sediment forms during the process of oxidation from exposure to a stream of hot water.”

• Poor hot water purification. The water that is located underground has a large number of metal particles, so before it can be supplied, some cleaning must be done.
• Supply of water with sediment. There are also many other reasons.

If rusty water comes out of the tap at times, this is also not normal. Rust can only flow after a routine inspection, repair or replacement of pipes. In other cases, you need to immediately file a claim with the Criminal Code.

Important! “We must remember that during the warm season the heat supply is turned off, and when the heating season begins, the volume and speed of water increases. That is why the rust that formed in them over the summer comes from pipelines and batteries.”

When is it worth complaining to the Criminal Code about rusty tap water?

Very often, after water supply is cut off or all pipes are replaced, poor quality water still flows for a week. Then you need to try to solve this problem. First you need to contact hotline emergency service to a specialized dispatcher and tell about the current situation. To which the dispatcher must carry out the first security measures and record the received application with complaints in the registration log. And inform the client of the number of his request in the register, and the time of its receipt. And also, if possible, explain the reason. In case a poor-quality service is provided for a reason unknown to him, such a request should be recorded in the log.

According to the legislation and clauses of the agreement between public utilities and the water consumer, certain rules are established. In this case, the contractor is obliged to prevent the period of cleaning of water supply systems, and to make a certain recalculation of the services provided for the provision of poor-quality water supply. And when rusty water flows from the tap for a long time and for no reason, then you can definitely complain to the department of the Criminal Code.

Where can I complain about rusty tap water?

Now let’s figure out where to complain if rusty (hot) water comes out of the tap. One with current methods to file a complaint for the supply of poor-quality water is a written appeal, which must be sent by registered mail with notification. And leave a receipt with payment as proof of shipment. The submitted application must be reviewed by resource supply organizations within 2 business days. For which the management organization must obtain an ACT. All generated claims are addressed to the commission for re-calculation, and then within a week the claimant is accepted for poor-quality services provided.

Tired of draining liters of dirty water? Rusty water flows from the tap: where to complain and what to do about paying for a service of dubious quality - everyone should know this.

Many Muscovites are familiar with the situation when, after a long outage, water supply is finally restored, but it is not possible to take a long-awaited shower: the color of the water is frankly frightening with its dirty hue. Usually the problem goes away on its own after a few hours or several drains of water. It’s another matter when a similar situation repeats from month to month throughout the year.

According to the regulations governing the housing and communal services sector, if they discover the provision of services that do not meet quality standards, citizens must notify emergency services as soon as possible. If rusty water comes out of the tap, where can residents of the capital complain?

First of all, you need to determine the service provider. For hot water in Moscow, PJSC Moscow United Energy Company is responsible; accordingly, if you find strange-looking water from a hot tap, you can call the hotline listed on the organization’s website to find out the cause of this phenomenon. And if you don’t like the color of cold water, your appeal should be addressed to the emergency services dispatchers of the emergency department, homeowners’ association or housing cooperative.

You can notify the service provider about the problem either orally by telephone or in a written statement. In the first case, the dispatcher must accept the complaint and record it in a special journal, reporting the registration number assigned to it. If he has information about the reason for the violation of water supply standards, he is obliged to inform the consumer about it. If not, he will agree on the date and time of the inspection upon request.

If the problem has existed for a long time, submitting a written statement will be an effective way. This can be done by personally appearing at the service provider’s office, or by sending an application by registered mail with notification. If the time frame for considering the complaint is delayed, you will have evidence that you promptly notified the other party about the existing problems in the water supply.

The service provider is obliged to respond to the application within two days by sending a representative to the address indicated therein, who will inspect the water quality and record the results in a special act. If he does not appear, the same act is drawn up by the residents themselves in the presence of any representative of the management organization and several owners. This document will subsequently be considered as the basis for recalculating utility bills.

If time passes, but rusty water from the tap continues to flow, where else can you complain? The law does not prohibit appealing to higher authorities. Rospotrebnadzor can help in considering the application. Its employees will take water for examination and, if non-compliance with water supply quality standards is detected, they will oblige the culprit to eliminate the cause. If this measure turns out to be ineffective, the next step should be to contact the Department of Housing and Communal Services of Moscow or the courts.

It is quite possible that in speeding up the process of solving the problem, contacting the housing department of the district administration, the Internet portal “Houses of Moscow” or calling the hotline dealing with issues of housing and communal services organized by Public Chamber RF.

You already know, if rusty water flows from the tap, where to complain about this problem. The main thing now is not to give up, then the battle with public utilities for the purity of the water supply will not be lost!

Almost every user living in a private house or apartment has encountered a problem when, instead of clean water, some incomprehensible black substance flows from the taps. It is quite natural that it is not recommended to use it, since drinking bad, rust-contaminated water can lead to a lot of problems. We will tell you further about how to protect your interests in a dispute with the management company (hereinafter referred to as the management company), and how to solve the problem.

Why rusty water flows from the tap: reasons

Almost every person has encountered the problem of rusty or contaminated water. Unfortunately, this problem is very common, and many users wonder why this cloudy liquid starts flowing from the taps.

The reasons for the appearance of rusty water can be very diverse:

• poor cleaning. Water contains many particles of various metals, therefore, before supplying the liquid to consumers, it is necessary to carry out purification. Unfortunately, suppliers do not always fulfill their obligations and continue to filter water improperly;
• high level of wear and tear of communications (this problem is not relevant if the consumer lives in a new building). The plumbing system consists of metal pipes. If a system is used long enough, its component parts gradually wear out, causing the water flowing through it to become contaminated, causing it to turn brown;
• planned outages. Every year, before the start of the heating season and upon its completion, utility workers check the condition of utilities, including water supply, carrying out the necessary repairs. After starting the water supply, water with traces of rust may appear for some time, but this problem quickly disappears.

Where to complain, call

Most often, users do not know where to complain when dirty and cloudy water flows. The legislator determines that the subscriber for the supply of this liquid resource is management company, which then distributes it among its consumers. Therefore, if a citizen is faced with a problem of rusty water, first of all he should receive comments from representatives of the management company or the emergency service. To do this, he can call hotlines or submit a written complaint.

Experts recommend submitting an official written complaint to the management company staff. The result of the appeal will be a visit by an authorized employee who will check the situation and create conditions for eliminating the problem. If the management company or emergency service does not respond to the complaint, the user will have to submit the complaint to higher authorities. This can be done at Rospotrebnadzor and the prosecutor's office. If we take the capital as an example, Moscow is quickly getting rid of problems with poor-quality supplies of the most essential liquid for life.

If a citizen wants his problem to be resolved as quickly as possible, he has the right to conduct an independent examination of the quality of the water that flows into his home. The research results are attached to the complaint and act as a reasoned evidence base, confirming that the consumer is right. It should also be noted that you still need to pay, otherwise the complaint will not be accepted for consideration.

Complaint about poor quality tap water: sample

A complaint about rusty water has a statutory form, and must contain not only a description of the problem, but also a reference to the current legislative norms. You can study a current sample complaint about poor-quality tap water. ⇐

How to officially check water quality

An inspection can be carried out at the official level with the help of departments and authorities that have a license to carry out research work. Previously, the inspection was carried out by the Sanitary and Epidemiological Station. After its entry into Rospotrebnadzor, this responsibility was transferred to the newly formed department.

Over time, the state decided to prohibit Rospotrebnadzor from providing paid services, and therefore the Federal Center for Hygiene and Epidemiology now checks water quality. This requirement is approved by the Housing Code.

In addition, various independent expert laboratories with licensed specialists and resources to conduct large-scale research can test water from the tap (both in the bathroom and in others) for contamination. This service is a paid service and is paid by the customer. However, if the case is taken to court, the consumer has the right to demand that the management company reimburse all costs incurred to check the quality of the supplied liquid.

When to go to court

If consumers are faced with a problem where their complaints are ignored, the taps continue to flow dirty water, and there is no clear answer from employees of management companies, homeowners associations and emergency services, they have the right to initiate the protection of their interests in court.

To complain about a problem to the courts, you need to support your claim with a strong evidence base. In particular, to open legal proceedings you will need to prepare a number of documents:

• original service agreement with the water utility;
• a copy of the agreements with the utility management company;
• available water inspection reports, certified by a notary;
• conclusion of expert laboratories, if official studies were conducted to establish the quality of water supply;
• letters from the Criminal Code in which the employee responds to the citizen’s complaint.

In the complaint, the plaintiff must refer to actual legal standards, indicating which of them were violated. This is necessary so that the judge immediately has the opportunity to familiarize himself with all the claims, and can also explore options for the development of events before making a final verdict. By following these tips, dealing with violators will be much easier.

Based on the trial, if the utility company is found to be at fault, moral compensation will be awarded in favor of the plaintiff. It is also worth noting that payment for legal services, compensation for expenses and other costs will be borne by the person responsible for the problem situation.

Is it possible to swim in rusty water, is it dangerous?

Research results show that rust in tap water almost always available. Therefore, everything depends on its concentration. The permissible level of impurities is no more than 0.3 mg per liter of liquid. Although this level is considered safe, experts recommend boiling water before drinking it. You can wash yourself in it without the slightest fear.
Hot water destroys most microbes, but if the concentration of impurities exceeds this rule will not work...

If the rust content in water is estimated at 0.4-0.8 mg per 1 liter (it becomes bright yellow and has cloudy impurities), it should be used with caution. It is quite possible to wash in such water (you need to wash your hair with extreme caution), but under no circumstances should you use it for drinking. You also need to be careful about the possibility of washing dishes in such water.

If the rust concentration exceeds 0.8 mg, it is dangerous for use. Swimming in such water is strictly prohibited, as the presence of rust can cause dangerous diseases or allergic reactions. You can identify a dangerous liquid by appearance. Water in which the concentration of rust exceeds 0.8 mg has a tint of orange, it can be bright red, and it also gives off an unpleasant musty smell.