What temperature should be in the apartment in winter. The temperature regime in the apartment is the norm (SanPiN) The importance of maintaining a comfortable temperature

ARBITRATION COURT OF THE REPUBLIC OF KHAKASIA

In the name of the Russian Federation

DECISION

Arbitration Court of the Republic of Khakassia composed of Judge E.The. Kaspirovich, while keeping the minutes of the court session by the secretary of the court session K.P. Kirbizhekova, considered in an open court session the case on the application

Limited Liability Company Khakassky TeploEnergoComplex (TIN 1903013620, OGRN 1021900698940)

to the State Housing Inspectorate of the Republic of Khakassia (OGRN 1041901000338, TIN 1901061466)

on the recognition as illegal and the annulment of the decision of January 20, 2015 in the case of an administrative offense,

when participating in the case as a third party, not declaring independent claims regarding the subject of the dispute, the limited liability company ZhEU-1 (TIN 1903018184, OGRN 1081903000520).

Representatives of the following took part in the hearing:

applicant – Kruglov G.K. by power of attorney dated January 12, 2015 No. 03-2015 (vol. 1 case sheet 9), Rogozhin S.A. by power of attorney dated January 13, 2015 No. 17-2015 (vol. 2 case sheet 7);

defendant – Samrin AND.P. by proxy dated February 2, 2015 (vol. 1 case sheet 62), Olshevsky V.S. by proxy dated March 23, 2015 (vol. 2 case sheet 5), Komarov D.V. by proxy dated March 27, 2015 (v. 2 case file 6).

Limited Liability Company "Khakassky TeploEnergoComplex" (hereinafter referred to as the Company) applied to the Arbitration Court with an application for recognition as illegal and cancellation of the decision of the State Housing Inspectorate of the Republic of Khakassia (hereinafter referred to as the Housing Inspectorate) dated January 20, 2015 in the case of an administrative offense.

By the contested decision, the applicant was held liable on the basis of the article of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) in the form of an administrative fine in the amount of 5,000 rubles. for violation of the regulatory level or regime for providing the population with public services.

By the ruling of the Arbitration Court dated January 30, 2015, the company's application was accepted for consideration in summary proceedings.

By a ruling dated March 26, 2015, the arbitration court decided to consider the case in accordance with the rules of administrative proceedings.

By a ruling dated April 23, 2015, the arbitration court granted the petition of the company, attracted to participate in the case as a third party, not declaring independent claims regarding the subject of the dispute, the organization currently managing and servicing the house during the disputed period - the limited liability company ZhEU-1 (hereinafter referred to as ZhEU-1 LLC).

The third party - ZhEU-1 LLC did not appear at the hearing, the place and time of the trial was duly notified (notice dated June 11, 2015, v. 2). In accordance with part 5 of the article of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), the case was considered in the absence of a third party.

At the court session, the representatives of the society supported the claims, referred to the arguments set out in the application, in the explanatory notes to the recall (vol. 1 pp. 167-169) and to the evidence presented in the case file. The applicant's arguments are as follows:

In the inspection certificate dated December 5, 2014 No. 453/24, the following are not indicated: the place of drawing up the act, methods for measuring temperature in residential premises using an L-300 thermometer, verification certificate No. 4080/203, methods for measuring the parameters of heat and water supply at the inlet to house using infrared thermal imager TESTO 875-2, verification certificate No. 016008950;

The materials of the administrative case do not contain information about the certificate of verification of the TM5 pressure gauge;

According to Appendix No. 1 to the Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354), the pressure in the water supply system should be measured at the water intake point during the hours of the morning maximum (from 07.00 to 09.00) or evening maximum (from 19.00 to 22.00 ); such measurements were carried out with a TM5 manometer at 15:20;

According to Appendix No. 1 to Rules No. 354, when measuring temperature, devices are allowed that must comply with the requirements of the standards, in particular Table No. 8 of GOST 30494-2011, the permissible error of the device should be no more than 0.1 degrees; the temperature of the coolant at the entrance to the house was measured using a TESTO 875-2 thermal imager, the error of which is about 2 degrees;

The administrative body did not prove the presence in the actions (inaction) of the applicant of the elements of a controversial administrative offense;

The reference in the contested resolution to paragraph 6.2.59 of the Rules for the technical operation of thermal power plants, approved by order of the Ministry of Energy of Russia on March 24, 2003 No. 115, is untenable, since these rules do not contain requirements for the quality of public heating services. Such requirements are contained in Appendix No. 1 to Rules No. 354, among which there is no such requirement as the temperature of the water in the supply pipeline at the entrance to the house;

By virtue of paragraph 15 of section 6 (footnote 5) of Appendix No. 1 to Regulation No. 354, the requirements for the temperature regime in apartments are applied subject to the implementation of measures for warming the premises (GOST R 51617-2000);

The Company is not engaged in the maintenance and operation of intra-house engineering communications of apartment buildings, the maintenance of intra-house communications is carried out by the management company - ZhEU-1 LLC.

Representatives of the housing inspectorate did not agree with the demands of the society, referred to the arguments set forth in the response to the application (vol. 1 pp. 55-61), and to the evidence presented in the case file, indicated:

The audit report indicates the location of the audit: Chernogorsk, st. Sovetskaya, d. 77; it contains the phrase “Measuring the air temperature in residential premises was carried out instrumentally in accordance with GOST 30494-2011 using the device ..”, followed by information about the device used - an electronic laboratory thermometer LT-300, verification certificate No. 4080/203 is valid until August 2, 2015, head. No. 1468403;

The infrared thermal imager TESTO 875-2 only measured the temperature of the carrier at the point of delimitation of the balance sheet; these measurements were made in accordance with the instruction manual; a note on the method of measuring the temperature of the coolant was not included in the inspection report due to the lack of free space for the mark in the report, but the device itself and its serial number are indicated in the report;

The inspection report contains a mark on the model of the pressure gauge - TM5 and information on its state verification;

As part of the controversial audit, the air temperature in the residential premises was measured, as well as the heating parameters at the border of the balance sheet of an apartment building, but not the water supply parameters;

GOST 30494-2011 establishes requirements for measuring the air temperature in a residential area, but not for measuring the temperature of the coolant;

The maximum deviation of the air temperature measuring device - the LT-300 laboratory electronic thermometer complies with the requirements established by Table 8 of GOST 30494-2011;

The error of the device for measuring the temperature of the coolant at the boundary of the balance sheet is not regulated by Rules No. 354;

The society is obliged to ensure the high-quality provision of the utility service - heating and all the parameters characterizing it up to the point of balance differentiation, namely, to the common building metering unit for the thermal energy of the coolant, in the place of which the measurements were carried out;

The TESTO 875-2 device, referred to in the decision of the Montenegrin City Court dated June 20, 2014, was used for its intended purpose, namely for non-contact measurement of the spatial distribution of the temperature of the surfaces of solid (bulk) bodies, gas jets and water by their own thermal radiation and displaying this distribution on an LCD screen;

The certificate of readiness, as well as the absence of comments on the thermal circuit (insulation) in it, confirm the implementation of measures to insulate the premises before the heating season of 2014-2015;

Insufficient pressure drop is the result of a deterioration in the quality of heat supply to the disputed residential building, which in turn causes a decrease in air temperature in residential premises;

The third party Ltd. «ZHEU-1» (currently managing and servicing the house in the disputed period organization) did not submit a response to the application, at the hearing on June 11, 2015 the representative of the third party Arzamastseva AND.GN. supported the position of the housing inspectorate. She believed that the violation of the temperature regime in the apartments was due to the fault of the resource supply organization.

When considering the case, the Arbitration Court found the following.

On October 22, 2014, the Chernogorsk prosecutor's office received an appeal from residents of apartments Nos. 14, 17, 22, 10, 12, 19, 29, 26, 23, 25, 18 . Sovetskaya, d. 77 (hereinafter - MKD), on taking measures in connection with the violation of the temperature regime - lack of heating (v. 1 case sheet 85). On October 31, 2014, this appeal was sent by the prosecutor of the city of Chernogorsk for consideration to the housing inspectorate (v. 1 pp. 84, 85).

Deputy Head of the Housing Inspectorate Gusachenko A.A. Decree No. 1006-T dated December 1, 2014 was issued to conduct an unscheduled (on-site) inspection of compliance with the mandatory requirements of housing legislation and other regulatory legal acts, the quality of the provision of housing and communal services to consumers living in MKD in relation to the company (handed over to the company on December 1, 2014 , an incoming stamp on the document, vol. 1 sheet 88).

By a notification dated December 1, 2014, the company was notified of the need to appear on December 5, 2014 for joint implementation of state control measures for state control of compliance with the requirements of housing legislation with a housing inspection specialist in order to fix the parameters of the quality of utilities for heating and hot water supply, draw up and receive an inspection report (handed to the company on December 1, 2014, incoming stamp on the document, vol. 1 case sheet 89).

Based on the results of the audit conducted in the absence of a representative of the company, an audit report dated December 5, 2014 No. 453/24 was drawn up, which reflects the following:

The temperature was recorded in living rooms, including in the corner rooms, in apartments Nos. 14, 19, 10, 27 (from +17.1?С to +21.5?С), which did not correspond to the standard temperature (+20?С and +22 ?С);

According to the temperature schedule for the supply of heat from the boiler house of the company for 2014, the "Central" water temperature in the heating system should be +59.7? C, in fact +68.1? C on the supply pipeline and +37.5? C on the return pipeline;

The pressure in the heating network on the supply and return pipelines at the entrance to the house is P1 6.1 KGS / cm?, P2 6.0 KGS / cm?;

The pressure drop at the inlet to the house was 0.1 KGS / cm², which is not enough for the normal circulation of the coolant in the heating system, as evidenced by the large overheating of the temperature of the coolant in the supply pipeline at the inlet to the house.

A copy of the inspection report was received by the company on December 8, 2014 (incoming stamp on the document, vol. 1 case sheet 90).

By a notice dated December 8, 2014, the company was invited to appear on December 10, 2014 at the housing inspection to draw up a protocol on an administrative offense (received by the company on December 8, 2014, incoming stamp on the document, v. 1 case sheet 91).

On December 10, 2014, an official of the housing inspectorate, in the absence of a person held administratively liable, drew up a protocol on administrative offense No. 12/24, which reflects that the company violated clauses 5.2.1, 5.2. Decree of the Gosstroy of Russia dated September 27, 2003 No. 170 (hereinafter referred to as Rules No. 170), clauses 31, 149 of Appendix No. 1 to Rules No. 354, clause 9.2.1 of the Rules for the technical operation of thermal power plants, approved by order of the Ministry of Energy of the Russian Federation dated March 24, 2003 Year No. 115. It is indicated that liability for these violations is provided for by the article of the Russian Federation. A copy of the protocol was received by the company on December 11, 2014 (incoming stamp on the document, vol. 1 pp. 92-94).

By the ruling of December 25, 2014, consideration of the case of an administrative offense against the company was scheduled for December 30, 2014 (received by the representative of the company Salatov K.G. on December 25, 2014 by proxy dated January 9, 2014 No. 04-2014, signature on the document, t 1 sheet 96, 97).

In the clarifications on the administrative case dated December 29, 2014, the company requested that the proceedings on the administrative case be terminated (v. 1, pp. 98-99).

At the request of the company (vol. 1 case file 143), by the ruling of December 30, 2014, the consideration of the administrative offense case was postponed until January 20, 2015 (vol. 1 case file 145).

Housing Inspectorate based on the results of consideration of the case materials of an administrative offense in the presence of a representative of the company Kruglov T.K. (power of attorney dated January 9, 2014 No. 03-2014, vol. 1 case file 144) a resolution was adopted dated January 20, 2015, by which the company was brought to administrative responsibility under the article of the Russian Federation in the form of a fine of 5,000 rubles. (vol. 1 ld 10-15).

Disagreeing with the resolution adopted by the Housing Inspectorate, the company challenged it in the arbitration court within the time period established by law.

The case was considered in accordance with the rules of paragraph 2 of Chapter 25 of the Arbitration Procedure Code of the Russian Federation.

After evaluating the arguments of the persons participating in the case, examining the evidence presented in the case, the arbitration court came to the following conclusions.

By virtue of Part 3 of Article of the Russian Federation, legal proceedings in the Russian Federation are carried out on the basis of competition and equality of the parties.

The Arbitration Court is not a body carrying out administrative prosecution. Based on the principle of the presumption of innocence in conjunction with the principle of competitiveness and equality of the parties, the court has the right to establish the guilt of a person only if it has been proven by the body carrying out administrative prosecution.

Within the meaning of the above norms, the obligation to prove the guilt of a person in respect of whom a decision was made to bring to administrative responsibility is assigned to the body (official) that issued the relevant decision in the case of an administrative offense.

By virtue of paragraphs 1, 3 of the article of the Russian Federation in the case of an administrative offense, the presence of an event of an administrative offense, the guilt of a person in committing an administrative offense are subject to clarification.

In accordance with paragraph 4 of Article Section III. Proceedings in the Arbitration Court of First Instance in Cases Arising from Administrative and Other Public Legal Relations contesting decisions of administrative bodies" target="_blank">210 of the Arbitration Procedure Code of the Russian Federation in cases of contesting decisions of administrative bodies on bringing to administrative responsibility, the obligation to prove the circumstances that served as the basis for bringing to administrative responsibility rests with the administrative body that made the contested decision.

When bringing the company to administrative responsibility, the administrative body did not reflect the presence in the actions (inaction) of the applicant of the subjective side of the alleged offense. In particular, he did not indicate whether the applicant had the opportunity to comply with the relevant rules, what specific measures should have been taken by the company to comply with the requirements of the current legislation.

After evaluating all the evidence presented in the case file in their totality and interconnection according to the rules of articles , and , the arbitration court came to the conclusion that the objective side of the offense, the responsibility for which is provided for in the article of the Russian Federation, as well as the guilt of the company in committing the alleged offense, the administrative body not proven.

In accordance with clause 2 of part 1 of Article RF, the absence of an administrative offense is a circumstance excluding proceedings in a case of an administrative offense.

The arbitration court also takes into account the established judicial practice in similar cases, circumstances and arguments involving the same parties:

Decision of the Arbitration Court of the Republic of Khakassia dated June 23, 2015 in case No. А74-2740/2015 (has not entered into force (vol. 2));

The decision of the justice of the peace of the court district No. 5 of the city of Chernogorsk of the Republic of Khakassia dated May 5, 2015 in the case of an administrative offense No. inspection), in relation to the company was terminated due to the absence of an administrative offense in its actions (came into force);

A similar decision of the Montenegrin City Court dated June 20, 2014 (entered into force (v. 1 pp. 35-36)).

Taking into account the above, the court considers that the materials of the case do not confirm the presence in the actions of the company of an offense covered by Article RF, in connection with which, the requirements of the company are subject to satisfaction.

Guided by articles -, Section III. Proceedings in the Arbitration Court of First Instance in Cases Arising from Administrative and Other Public Legal Relations on challenging the decision of an administrative body to bring to administrative responsibility" target="_blank"> 211 Arbitration Procedure Code of the Russian Federation, arbitration court

I DECIDED:

Satisfy the application of the limited liability company Khakassky TeploEnergoComplex.

Recognize as illegal and cancel the decision of the State Housing Inspectorate of the Republic of Khakassia dated January 20, 2015 in the case of an administrative offense.

The decision may be appealed to the Third Arbitration Court of Appeal within ten days from the date of its adoption.

The appeal is filed through the Arbitration Court of the Republic of Khakassia.

Judge E.The. Kaspirovich

Court:

AS of the Republic of Khakassia

Plaintiffs:

LLC "Khakassky TeploEnergoComplex"

Respondents:

State Housing Inspectorate of the Republic of Khakassia

Other persons:

SUE RH "Institute" Abakangrazhdanproekt "
JSC "Institute "Abakangrazhdanproekt"

Litigation on:

For utility bills

Judicial practice on the application of the norms of Art. 153, 154, 155, 156, 156.1, 157, 157.1, 158 RF LC

What temperature should be in the apartment is controlled at the state level.

The norms, detailed in the laws, must be provided by management companies. If they fail to do so, they face severe penalties.

The Housing Code of the Russian Federation establishes criteria for the quality of services in.
Federal Law No. 190-FZ of July 27, 2010 “On Heat Supply” regulates relations in the field of heating residential buildings.
Decree of the Government of the Russian Federation of 05/06/2011 No. 354 "On the provision of utilities to owners and users of residential premises in apartment buildings" in Appendix 1 lists the requirements for the quality of heat supply (allowable breaks, conditions and procedure for changing fees, air temperature standards).
Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170 “On approval of the rules and norms for the technical operation of the housing stock” describes the requirements for the maintenance of common property. Paragraph 4.10.2.1 obliges the Criminal Code to control the air temperature in residential buildings.
SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises. Rules and regulations” in Appendix 2 contains temperature indicators for rooms in the apartment.
SNiP 23-02-2003 “Thermal protection of buildings. Updated edition” fixes the requirements for the temperature of the outer walls and floor.

What should be the norm t in the heating season

SanPiN established requirements for the temperature regime in the cold and warm seasons. In winter, the standards are as follows (see table).

The construction features of apartment buildings, the deterioration of communications lead to the fact that the first, last floors are colder than others. Moreover, when residents complain to the Criminal Code about inconsistencies, these features (cold basement, attic) justify non-compliance with the temperature regime. This is absolutely illegal.

The norms of the heating season established by the state apply to residential premises, regardless of location, floor. Temperature indicators below the permissible ones are unacceptable, but they can be above the specified level, but not more than 4 degrees.

There is a requirement to install special heating systems for uniform distribution of heat in the floors of the first floors. The owners should not be influenced by whether they have a brick house or a panel one.

IMPORTANT! Utilities are required to maintain acceptable temperature limits in all apartments that are charged for maintenance.

The law sets the bar for the optimal room temperature, but everyone will have their own comfortable one. Objectively, the feeling of comfort at certain temperatures depends on factors:

The age of the person. Infants, the elderly are more thermophilic, for them it is necessary to maintain a temperature level above average.
Floor. Usually women prefer to be in warmer rooms than men.
Individual characteristics. Someone likes coolness, for someone comfort lies in warmth.

When the UK maintains the regime at the proper level in houses, it will not be difficult to create comfortable conditions and adjust the temperature by a couple of degrees. To do this, there are numerous climate control systems, air conditioners, heaters.

Air temperature standards according to GOST

The temperature parameters of residential premises are regulated by the normative act - SanPiN 2.1.2.2645-10, GOST R 51617-2000 Housing and communal services and general technical conditions, which regulates the temperature regime of rooms from 18 ° C in winter, from 20 ° C - in summer. There is a standard in Government Decree No. 354 on corner rooms and cold regions, where a different acceptable standard is adopted.

The normative air temperature in residential premises is set not lower than +18°С (in corner rooms +22°С), in areas with the coldest five-day period (security 0.92) -31°С and below, the temperature regime is set to +20°С ( in corner rooms +22°С). Failure to comply with the normative, rather than comfortable, thermal regime is considered a violation.

In corner apartments

Previously, GOST did establish special rules for corner apartments - 2 degrees higher than usual. To date, the temperature regime is established and regulated by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354.

External walls

The creators of SNiP 23-02-2003 believe that the temperature difference between the internal air and the outside surface should be no more than 4 degrees. That is, if the minimum limit for a dwelling is 18 ° C, then the wall should not be colder than 14 on average.

When this rule is violated, it can be concluded that the house is not sufficiently insulated, perhaps the seams need to be updated. This should be taken care of by the management company serving the building.

Floor

In accordance with SNiP, the temperature of the floor surface in residential premises must be at least 16 ° C (as a rule, it exceeds the minimum allowable and ranges from 18 to 20 ° C.).

SNiP 41-01.2003 establishes the normal temperature for heated floors:

26 °C for rooms where people are constantly;
31 °C for rooms where people stay temporarily.

Where to go

Small deviations from the norm may go unnoticed, but if the tenants are constantly freezing in the apartment, this indicates a violation of obligations on the part of the public utilities. Especially when heating and maintenance fees are charged in full. Then you need to complain about the poor maintenance of the house.

If t is below the allowable

If it is cold at home, the temperature is recorded below the standard in autumn or winter, you need to inform the emergency dispatch service about this. A complaint is written to the head of the Criminal Code, where claims are listed, the air temperature in the living rooms, kitchen, bathroom is indicated, and a requirement is made to bring it into line with the standards.

The CC has 30 days to respond. During this period, utilities must find out which of them is responsible for the cooling of the house. If the heating network, at the point of delimitation of the balance sheet, is not hot enough, then this is a question of the resource supply organization that heats the room. If heat is lost in the house, then the management company should solve the problem.

ADVICE! It is better to make a collective complaint from the residents of the entrance or house.

If the wall freezes

When it is so cold that the end walls freeze through, you need to act quickly. It is necessary to contact the head of the management company with a claim, where to describe the problem, demand to insulate the wall, thereby restoring the temperature balance. At the same time, call a representative of the Criminal Code, draw up and receive an act on the freezing of the wall.

If, after the due date, the Criminal Code does not take action, it will be necessary to involve state authorities in solving the problem:

The State Housing Inspectorate is an executive body that controls the activities of public utilities. The inspectors initiate an inspection, make a presentation on the elimination of violations, and impose a fine on the service organization.
Rospotrebnadzor is a multidisciplinary organization, under the specialization of which the described situation falls. Non-fulfillment by the Criminal Code of the terms of the contract, combined with the risk of increasing humidity, the spread of mold, fungus from a frozen wall is the competence of this service. Employees after checking the activities of the Criminal Code will be obliged to bring the house to the requirements of the law, if there are grounds, they will fine the management.
The prosecutor's office is a supervisory authority, whose employees begin checking a legal entity only if there have been appeals to previous organizations. Or address the complaint of residents to the competent authorities to resolve the issue.
The court is the last step that is taken if other state structures are powerless or if material and moral damage needs to be compensated.

The document is drawn up in a standard manner. Several methods of delivery to their addressee are allowed. You can bring it yourself, register two copies, keep one for yourself as evidence. Complaints are also sent by registered mail with notification or online through the website of the State Service.

What are the responsibilities of utilities?

The degree of responsibility of the Criminal Code depends on the severity of the misconduct, the consequences.

If the utilities immediately respond to the complaint, eliminate the violations, there will be no consequences. When residents have to involve public authorities, punishment is inevitable. The easiest thing is administrative responsibility, a fine.

If the owners have damaged property, their health has suffered, they can attribute this to a low temperature at home and there is an evidence base for this, then civil proceedings and compensation for damage cannot be avoided.

When the consequences are severe, sanctions are possible up to criminal ones.

Useful video

Degrees in detail:

In accordance with paragraph 5 of the "Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings", approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, the beginning of the heating period should be set at an average daily outdoor temperature below 8 degrees Celsius. Celsius, and the end of the heating period - at an average daily outdoor temperature above 8 degrees Celsius for 5 days in a row. The specified period must begin or end on the day following the last day of such period.

The heating season, in accordance with the decision of the Government, begins by decision of the local authorities. In Ryazan, the heating season started at the end of September, but many residents complain that the apartment is cold. The most urgent questions of Ryazan residents are questions about the standards for air temperature in the apartment and the temperature of hot water. These indicators will be discussed in this article.

Air temperature in the room after the start of the heating season

In accordance with the State Standard of the Russian Federation GOST R 51617-2000 “Housing and communal services. General technical conditions”, adopted by the Decree of the State Standard of the Russian Federation of June 19, 2000 No. 158-st (table 3), the minimum temperature is set: corner room - 20 ° C; living room - 18 ° С; kitchen - 18 ° С; bathroom - 25 ° C; toilet - 18°С, combined bathroom - 25°С; bathroom with individual heating - 18°С; common washroom - 18 ° С; common shower room - 25 ° С; common restroom - 16 ° С; vestibule, common corridor, anteroom in the apartment building, stairwell - 16°С; lobby, common corridor, stairwell in the hostel - 18°С; elevator room - 5°C.

To find out the air temperature in the room after the start of the heating season, you need to measure it in a certain way: on the inner wall of each room, a thermometer is placed at a distance of 1 meter from the outer wall and 1.5 meters from the floor, and measurements are taken within 10 minutes.

In accordance with Appendix No. 1 to 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 of May 6, 2011 No. 354 (hereinafter referred to as the Rules), heating must be uninterrupted and around the clock for throughout the heating season. Permissible duration of a break in heating - no more than 24 hours (in total) within one month; no more than 16 hours at a time - at an air temperature in residential premises from 12 to 22 degrees. No more than 8 hours at a time at a room temperature of 10 to 12 degrees, no more than 4 hours at a room temperature of 8 to 10 degrees. For each hour that exceeds the specified standards, the monthly heating fee is reduced by 0.15%.

Hot water temperature

In accordance with clause 5.1.1, the quality of cold and hot water (sanitary and epidemiological indicators) supplied for household and drinking needs must comply with SanPiN 2.1.4.1074 and SanPiN 2.1.4.2496.

The temperature of hot water in the places of water intake must comply with the requirements of SanPiN 2.1.4.1074 and SanPiN 2.1.4.2496 and, regardless of the heat supply system used, must not be lower than 60 ° C and not higher than 75 ° C. (according to clause 5.1.2. of the Code of Rules SP 30.13330.2012 "SNiP 2.04.01-85 *. Internal water supply and sewerage of buildings", approved by order of the Ministry of Regional Development of the Russian Federation of December 29, 2011 No. 626). This temperature is measured directly at an open tap by immersing a water thermometer in a glass under a jet to a special mark.

In accordance with Appendix No. 1 to the Rules, hot water supply must be uninterrupted and around the clock throughout the year. Permissible duration of a break in the supply of hot water: 8 hours (in total) within 1 month, 4 hours at a time, in case of an accident on a dead end line - 24 hours in a row; the duration of a break in hot water supply in connection with the production of annual repair and maintenance work in centralized networks of engineering and technical support for hot water supply is carried out in accordance with the requirements of the legislation of the Russian Federation on technical regulation (SanPiN 2.1.4.2496-09).

For each hour of exceeding the permissible duration of a break in the supply of hot water, calculated in total for the billing period in which the specified excess occurred, the amount of the utility service fee for such a billing period is reduced by 0.15 percent of the fee determined for such a billing period.

Permissible deviation of the hot water temperature at the tapping point from the hot water temperature at the tapping point that meets the requirements of the legislation of the Russian Federation on technical regulation: at night (from 0.00 to 5.00 hours) - no more than 5 ° С; in the daytime (from 5.00 to 00.00 hours) - no more than 3 ° C.

For every 3°C deviation from the permissible deviations in the temperature of hot water, the amount of the utility service fee for the billing period in which the specified deviation occurred is reduced by 0.1 percent of the fee determined for such a billing period in accordance with Appendix No. 2 to the Rules, for each hour of deviation from permissible deviations in total during the billing period, taking into account the provisions of Section IX of the Rules. For each hour of hot water supply, the temperature of which at the point of analysis is below 40°C, in total during the billing period, payment for the consumed water is made at the rate for cold water

CONSULTATION on consumer protection issues, you can get at the Consumer Advice Center FBUZ "Center for Hygiene and Epidemiology in the Ryazan Region" located at the address: Ryazan, st. Ostrovsky, d. 51 a, room. 304. (tel. 92-97-80), as well as by calling the free hotline: 8-800-200-10-62.

Address: 390046, Ryazan region, Ryazan city, st. Freedom, house 89

All hot water temperatures

In chronological order of their publication.

Headings of invalid (cancelled) norms are crossed out.

For an abbreviated list, see the end of the file

INTERNAL WATER SUPPLY AND SEWERAGE OF BUILDINGS SNiP 2.04.01-85*

see the current Code of Rules SP 30.13330.2012

… 2.2. The temperature of hot water in the places of water intake should be provided:

a) not lower than 60 ° С - for centralized hot water supply systems connected to open heat supply systems;

b) not lower than 50 ° С - for centralized hot water supply systems connected to “closed heat supply systems;

c) not higher than 75 °C - for all systems specified in subparagraphs "a" and "b".

Code of rules SP 30.13330.2012

"INTERNAL WATER SUPPLY AND SEWERAGE OF BUILDINGS"

Updated edition of SNiP 2.04.01-85*

"... 5.1.2. The temperature of hot water at the points of water intake must comply with the requirements of SanPiN 2.1.4.1074 and SanPiN 2.1.4.2496-09 and, regardless of the heat supply system used, must not be lower than 60 ° C and not higher than 75 ° C."

SanPiN 4723-88
"SANITARY RULES FOR THE DEVICE AND OPERATION OF SYSTEMS OF CENTRALIZED HOT WATER SUPPLY"

see current SanPiN 2.1.4.2496-09

(approved by the Chief State Sanitary Doctor of the USSR in November 1988)

"... 1.7. The temperature of hot water in the places of water intake, regardless of the heat supply system used, should not be lower than 60 ° C and not higher than 75 ° C.

Note. For a hot water supply system made of galvanized pipes with a closed heat supply system, it is allowed to have a water temperature of at least 50 ° C and not higher than 60 ° C. Under these conditions, after repair work or elimination of emergency situations in the systems, it is necessary to maintain the temperature at 75 ° C for 48 hours.

GOST R 51617-2000.

HOUSING AND PUBLIC SERVICES. GENERAL SPECIFICATIONS

"... 4.16.3 The temperature of hot water at the points of water intake for consumers should be from 50 to 75 ° C

HYGIENE REQUIREMENTS FOR THE SAFETY OF HOT WATER SUPPLY SYSTEMS

"1 area of use

1.1. Sanitary and epidemiological rules and regulations establish hygienic requirements for water quality and organization of centralized hot water supply systems (hereinafter - STSHV), as well as rules for monitoring the quality of water supplied by STSGV, regardless of departmental affiliation and ownership.

1.2. These sanitary rules are binding on all legal entities, individual entrepreneurs whose activities are related to the organization and (or) provision of centralized hot water supply systems ....

2. General provisions

…2.3. Sanitary and epidemiological requirements for hot centralized water supply systems are aimed at:

– prevention of hot water pollution by highly contagious infectious pathogens of viral and bacterial origin, which can multiply at temperatures below 60 degrees, including Legionella Pneumophila;…

2.4. The temperature of hot water at the points of water intake, regardless of the heat supply system used, must be at least 60 C and not higher than 75 C.

3. Requirements for the design, construction, operation of centralized hot water supply systems

3.1.10. During the operation of the STsGV, the water temperature at the points of water intake should not be lower than + 60 ° C, the static pressure should not be less than 0.05 MPa, with pipelines and water heaters filled with tap water ....

"RULES AND REGULATIONS FOR THE TECHNICAL OPERATION OF THE HOUSING FUND"

(approved by the Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170)

“… 5.3. Hot water supply

5.3.1. ... The temperature of the water supplied to the water points (faucets, mixers) must be at least 60 degrees. C in open hot water systems and not less than 50 degrees. C - closed. The temperature of the water in the hot water supply system must be maintained using an automatic regulator, the installation of which in the hot water supply system is mandatory. The water temperature at the outlet of the water heater of the hot water supply system must be selected from the condition of ensuring the normalized temperature at the water points, but not more than 75 degrees. WITH."

RULES FOR PROVIDING PUBLIC SERVICES TO CITIZENS

see current Post. No. 354

…P. 5 Ensuring the temperature of hot water at the point of analysis:

not less than 60°C - for open district heating systems;

not less than 50°C - for closed district heating systems;

no more than 75°C - for any heat supply systems"

RULES FOR THE PROVISION OF PUBLIC SERVICES

TO OWNERS AND USERS OF PREMISES IN APARTMENT BUILDINGS AND RESIDENTIAL BUILDINGS

REQUIREMENTS

to the quality of public services

5. ... Ensuring that the temperature of hot water at the tapping point complies with the requirements of the legislation of the Russian Federation on technical regulation (SanPiN 2.1.4.2496-09)

P.S. There is an interesting document: “DESOLUTION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION OF MAY 31, 2013 N AKPI13-394”, which, among other things, establishes:

“SanPiN 2.1.4.2496-09, as follows from the content of its clauses 1.1 and 1.2, establishes hygienic requirements for water quality and organization of centralized hot water supply systems (hereinafter referred to as STsGV), as well as rules for monitoring the quality of water supplied by STsGV, regardless of departmental affiliation and forms of ownership, and is mandatory for all legal entities, individual entrepreneurs whose activities are related to the organization and (or) provision of centralized hot water supply systems.

According to the specified SanPiN, the temperature of hot water at the points of draw-off, regardless of the heat supply system used, must not be lower than 60 ° C and not higher than 75 ° C. These sanitary and epidemiological requirements for hot centralized water supply systems are aimed, among other things, at preventing hot water pollution by highly contagious infectious agents of viral and bacterial origin that can multiply at temperatures below 60 degrees, including Legionella Pneumophila, as well as at preventing skin diseases and subcutaneous tissue, due to the quality of hot water (paragraphs 2.3 and 2.4).

Thus, sanitary and epidemiological rules define the requirements for the quality of hot water supplied to consumers in the provision of public services for hot water supply in terms of such an indicator that ensures its safety as temperature. This indicator is characterized by a minimum (not lower than 60 ° C) and a maximum limit (not higher than 75 ° C) and does not allow deviations from the specified temperature regime, subject to which the quality of public services is ensured.

The temperature of hot water at the points of water intake, regardless of the heat supply system used, must be at least 60 C and not higher than 75 C.

GROUNDS:

clause 5.1.2 of SP 30.13330.2012 " Internal water supply and sewerage of buildings»

Updated version of SNiP 2.04.01-85*;

clause 2.4 SANPiN 2.1.4.2496-09 "Hygienic requirements for ensuring the safety of hot water supply systems";

5.3.1 « Rules and norms for the technical operation of the housing stock"(approved by the Post. Gosstroy of the Russian Federation of September 27, 2003 No. 170);

clause 5 of Appendix 1 "Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings" (approved by the Decree of the Government of the Russian Federation of May 6, 2011 No. 354).

Compiled by Housing and Public Utilities Specialist Yury Kalnin

Hot water is as vital to multi-storey dwellers as gas, electricity and heating. Especially in the cold season. Of course, not all water can be called hot, only because it comes out of the mixer with a red mark on it. The temperature of hot water in the faucet, according to the building codes and regulations, should be + 75 ° C. A significant decrease in the above indicator indicates a poor-quality provision of public services.

Hot water regulations

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Taking into account the temperature of hot water in the tap of a high-rise or private house, they used to proceed from the requirements of SNiP dated 1985. However, in 2013, the Ministry of Regional Development of Russia adjusted the previously mentioned norms and defined them in a new set of rules - SP 30.13330.2012 (new edition of 2019). The requirements are extended, have a sanitary installation, and relate to the supply of hot water, domestic water supply and the sewerage system of the MKD. Poor-quality and rusty hot water supply is also stipulated by this standard.

Before hot water is supplied to the user, it is preliminarily softened, which is provided for by SNiP 2.04.01-85, developed for the design of external networks and water supply structures.

The temperature of the resource in the areas of water intake must comply with the following indicators:

Not lower than + 60 ° - in centralized DHW communications, which are connected to an open heat supply line.
Not less than +50° - in DHW systems connected to closed pipelines.
Not more than +75° - for the pipeline specified in paragraphs 1 and 2.

However, the water supplied to the faucets and shower rooms of welfare institutions, schools and preschool structures differs from the above. Medical and preventive organizations, orphanages receive hot water, the temperature of which does not exceed +37 degrees.

GOST on hot water

The permissible resource temperature in the tap is also regulated by the provisions of GOST, number R 56779-2015.

The rules are subject to the following aspects:

not less than +60°C - at the points of analysis of the hot resource connected to open supply communications;
not lower than +50°C - connected to closed heat supply networks.

The maximum water temperature indicated by these points cannot exceed +75°C.

SanPiN about water

Sanitary rules and norms are hygienic indicators regarding hot water supply. The state by-law normative act SanPiN 2.1.4.2496-09 was approved by order number 20 of the Chief Sanitary Doctor of the country dated April 7, 2009.

Watch the video: "What should be the DHW temperature."

It is directly connected with other state acts. The regulatory framework determines the indicator of the maximum and minimum limit of heated water in multi-storey housing construction.

Legislation stipulates permissible deviations, which cannot exceed 5° C, depending on day or night time. Of course, at the entrance of an apartment building, the temperature is slightly higher than that recorded at the outlet of the tap. Having passed the way to the mixer, it becomes lower.

Hygienic indicators cover a centralized hot water main with closed, open heat supply routes, separate resource supply communications, autonomous systems of objects of high epidemic risk.

The last to be represented are MOUSOSH, hospital and preschool organizations. The supplied resource must meet the conditions of the technical regulations, sanitary standards that determine its safety.

Hygienic rules for the supply of hot water are determined by the following aspects:

prevent contamination of the resource by highly contagious infectious diseases of a viral, bacterial nature, multiplying at a temperature below +60°;
reduce the content of methyl trichloride in water that has previously undergone a chlorination procedure;
warn against skin and subcutaneous pathologies arising from poor quality hot water.

The temperature of hot water in the tap according to the standard at the site of its analysis, regardless of the water supply system, should be within + 60-75 ° C. Not lower and not higher.

However, SanPin allows some temperature deviation from the standards. During the day, this figure can decrease by 3°, at night - 5°C. But even this variation does not allow the reproduction of bacteria harmful to humans.

Social standard about water No. 5

The Ministry of Housing and Communal Services in 2012 approved methodological recommendations that assess the implementation of state social indicators developed to serve the population. Standard number 5, indicates the temperature of hot water during the day - 06.00-24.00 hours, the parameter must be at least +50 ° C.

However, these conditions are checked by local supervisory authorities, and depend on the indicators in force in each isolated point.

Minimum temperature

The minimum heated water must comply with the standards - + 60 °. But based on the instructions of SanPin, it has the right to drop to 57 degrees during the day, and 55 degrees at night.

Permissible deviations in the supply of hot water according to PP 354

Decree of the Russian Government No. 354 (Appendix 1, Section II), dated May 6, 2011 (in the current version of 2019), sets the allowable deviations of the maximum and minimum temperature indicators.

The order says the following:

in the daytime - 05.00-24.00 h, downward deviation should not exceed 3 ° C;
at night - 00.00-05.00 hours - no more than 5 degrees.

With an actual decrease in temperature more than provided for, for 3 degrees, the consumer has the right to demand a reduction in the amount of payment by 0.1% based on each hour of an undeclared deviation.

If the drop has occurred below 40 °, residents can pay for the service at the rate of cold water supply. To legitimize this fact, it is necessary to draw up an act confirming non-compliance with the norm.

Recalculation for water

If you have information about the temperature standards for hot water, you should also know the coefficient for reducing the payment for utilities. In this case, the resource provider can be required to recalculate for the provided hot water.

The reduction rate is determined by 0.1%, based on the price of the resource for each decrease of 3 degrees. When the regime is reduced below + 40 ° C, residents have the right to pay for hot water at the cost of a cold one.

The reduced temperature of hot water must be recorded in an act and signed by counterparties - the owner of the apartment and a representative of the organization supplying the resource.

Water temperature measurement

You can measure the heat yourself, but this will not be considered legal evidence. But after it determines that the temperature is below the declared one, the user has the right to contact the resource-supplying structure and call home its representatives or independent experts. Such a procedure will provide an opportunity to submit an application to the municipal office for recalculation.

Ways

An oral complaint about non-compliance with the temperature of hot water in the tap according to the SNiP 2019 standards will not affect the managing organization. Therefore, it is recommended to measure the temperature yourself, followed by a call to representatives of the Housing Office.

The procedure is carried out according to the algorithm:

Open the mixer and drain the cooled water remaining at the entrance to the apartment. When hot water starts to flow, collect it in any container, preferably non-metallic. The latter can absorb heat.
With the tap open and hot water overflowing over the edges of the dishes, lower a household water or air thermometer into it.
Stopping the red alcohol bar will show the actual heating of the liquid.
Record readings.

If the standard is not observed, then you need to safely contact the heating system. The state standard of the country P 51617-2000 established under what conditions it is possible to carry out measurements during the heating season. The living room should be heated to +18° C, the bathroom - at least 25. Activation (a sample can be downloaded below) should be carried out in the absence of direct sunlight, drafts, with tightly closed windows and doors.

Registration of the act

The document drawn up on the discrepancy between the temperature of hot water in the tap according to the standards of 2019 can play a major role in reducing the price of utilities and further recalculation.

However, it must be drawn up in accordance with all the rules, otherwise the act will not have a legal basis. Perhaps, it is no coincidence that representatives of the housing office may forget to put a wet seal or signature. An authentic document is drawn up in two copies, one remains with the public utilities, the second - with the consumer of the service.

Filing a complaint

In case of a single case of a drop in temperature, you can contact the housing and maintenance department with a phone call. The dispatcher is obliged to take note of the call and find out the reason for the decrease in temperature.

If the poor-quality provision of economic services is not explained by any unforeseen circumstances - the elimination of an accident, urgent repairs, the management is obliged to send its representative to the user.

The latter will measure the water heating and issue an act of the operation. Decree number 354 indicates that public utilities are obliged to respond to the client's complaint within the next two hours after the latter's request.

Instances for complaints

If the resource temperature does not match, the consuming party has the right to seek recalculation. Document No. 354 describes the procedure for citizens living in apartment buildings and private houses.

Residents must adhere to the following algorithm of behavior:

Notify the housing and communal services manager about the inappropriate water temperature in a high-rise or private house. The claim can be expressed orally or in writing, although the latter type of petition will be official.
The utility worker is required to record the user's call.
An oral or written appeal must contain the full nominal formula of the applicant, his address, telephone number and the essence of the problem under consideration.
The operator of the housing company must also give his name and position, say under what number the message is registered.
If the dispatcher is aware of what is happening - repair, emergency shutdown or replacement of the pipeline, he will notify the user about this.
In the absence of work, the operator must take note of the notification and settle with management measures to eliminate the problem. The time of the proposed inspection by the service workers will be agreed with the tenant of the house.
Based on the results of measuring the temperature regime, the organization draws up an act, fixing violations and their causes. The document also provides a methodology for the procedure.
The protocol is also drawn up in two authentic copies for each of the counterparties.
If the consumer is not satisfied with the results obtained or he doubts their reliability, the first has the right to insist on the involvement of independent specialists in the measurement.

Before the execution of the latter, the applicant is obliged to notify the management company of the date of the independent study. The procedure will be carried out at the expense of the utility organization, however, if its results coincide with the conclusions of an independent specialist, the consumer repays the costs of the housing department.

Having a completed protocol on hand, which indicates that the hot water does not meet the accepted parameters, it is allowed to contact the housing office or the heating network for a recalculation. Perhaps the public utilities will oppose this operation, then you need to send a complaint to the housing inspectorate or the prosecutor's office. Such ignorance of the drafted acts is not uncommon.

The heating system either keeps silent about this or promises to recalculate in the near future. However, there are certain rules and regulations that must be observed by both the consumer and the supplier.

If the operating company refuses to issue or sign an act on poor-quality provision of economic services, a citizen has the right to contact the department of Rospotrebnadzor. However, the communal structure knows that the temperature of hot water supply should be at least 60 degrees, but not more than 75.

If the primary complaint to the dispatcher and the secondary one to the housing company did not give any result, the citizen can file a petition with the Federal Service for the Protection of Consumer Rights. The last resort will be a lawsuit.

Sample Complaint

In case of repeated decrease in the standard temperature of hot water in the apartment, the tenant should file a complaint addressed to the manager of the communal service. The petition can be printed on a printer or written by hand, the main thing is the correct execution.

The group of upper details indicates the name of the communal organization, the name of the manager. Below is the full personal formula of the applicant, registration address, cell or landline phone number.

The middle part of the document contains the following information:

A statement that the temperature of hot water in an apartment building is not being complied with, as provided for by Federal Law No. 195 (Code of Administrative Offenses), Article 7.23.
The text itself explains the essence of the problem. The measurement data, the full nominal formula of the representative of the organization, the degree of water heating are given.
The lower part of the petition contains a requirement to eliminate the factors that cause poor quality hot water supply. It will not be superfluous to provide information that the temperature failure was observed several times.
The application is summed up by setting the date and signing the petitioner.

Any petition to the authority is drawn up in two copies. If correspondence is sent by registered mail with notification, the latter must bear the signature of the addressee. In case of a personal visit to the organization, the second copy is marked by the secretary and an imprint of a wet stamp or seal on receipt of the first.

To consider a complaint, public utilities are given a time equal to 30 calendar days.

Application for recalculation for water

Changes in previously planned or accrued amounts of payments are carried out within 5 days, not counting weekends - Saturday and Sunday. If the utility company expresses its disagreement with the submitted application, it must send the applicant a written reasoned response within 30 calendar days.

The state guarantees each person the receipt of high-quality public services, hot water supply that meets the established standards. If this does not happen - the standard temperature of hot water is lower than declared, the user has the right to demand a recalculation with a complaint.

Watch the video: "How they steal from our hot water."

Decree of the Government of the Russian Federation of 05/06/2011 N 354 (as amended on 09/09/2017) "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential houses")

15. Ensuring standard air temperature<7>:
in residential premises - not lower than +18 °C (in corner rooms - +20 °C), in areas with the temperature of the coldest five-day period (security 0.92) -31 °C and lower - in residential premises - not lower than +20 °C C (in corner rooms - +22 °C);
in other premises in accordance with the requirements of the legislation of the Russian Federation on technical regulation (GOST R 51617-2000)

The document became invalid due to the publication of “GOST R 51617-2014. National standard of the Russian Federation. Services of housing and communal services and management of apartment buildings. Public utilities. General requirements ”(approved by Order of Rosstandart dated June 11, 2014 N 544-st).
"GOST R 51617-2000. State standard of the Russian Federation. Housing and communal services. General technical conditions.»
(approved by the Decree of the State Standard of Russia dated 19.06.2000 N 158-st)
(as amended on 07/22/2003)

According to the "Rules for the provision of public services to citizens", approved by Decree of the Government of the Russian Federation No. 307 of May 23, 2006, the temperature in the living room should be at least +18 degrees, and in the corner rooms - at least +20. In cold regions, where the temperature of the coldest five-day period of the year is -31 ° C and below, the temperature of residential premises should not be less than +20 degrees. But at the same time, the room must be well insulated, and the temperature is measured in the center of the largest room of the apartment at a height of 1 m. The deviation cannot exceed 3 degrees at night, while the permissible excess is no more than 4 degrees. During the daytime, the temperature deviation is unacceptable. Accordingly, you need to correctly measure the temperature. To do this, take a thermometer and keep it one meter from the outer wall and one and a half meters from the floor. The measurement is made for 10 minutes. It is most effective to make a temperature graph by the hour. If you have recorded a violation of the temperature regime, you have every reason to contact the housing organization with a complaint.

First you need to notify the emergency dispatch service. It must be specified by the governing body. The appeal can be either oral, including by telephone, or in writing.

The tenant must indicate his first name, last name, patronymic, address of residence and describe the problem - the temperature of the room does not meet the standards. In turn, the employee of the service is also obliged to report his last name, first name, patronymic, registration number of the application and the time of its receipt. If the emergency dispatcher knows the reason that your home is cold, he must notify you. Thus, the managing organization recognizes the fact of non-provision of the service or its inadequate quality. This should be recorded in the log book. This mark serves as the basis for recalculating the payment for heating.

If he is not aware of the problem, then he must agree on the exact time of establishing the fact that the service was not provided. This must happen within three business days. Then an inspection should be carried out with the participation of a representative of the public utility and the applicant. As a result, an act is drawn up, which they must sign. This act also serves as a document by which you have the right to request a recalculation. But managing organizations often do not admit their guilt and do not agree with the claims of the applicant. In this case, a secondary check must be carried out. Representatives of the State Housing Inspectorate and public associations of consumers are already invited to it. And as a result of it, an act is also drawn up signed by the consumer, contractor, inspector and public representative. With this act in hand, the consumer already has every right to demand recalculation. The act must indicate the violation of the quality parameters, the time and date of the start of the non-provision of utilities.

Thus, in your case it is difficult to demand that the management company increase the temperature, since according to YOUR information it already complies with the standard. there is a concept - the standard for the air temperature of an apartment, however, the current legislation does not provide for the concept - a comfortable temperature, since it is completely different for everyone. If you intend to go to court, then you will have to prove not the fact that you are uncomfortable living with the temperature established by the standard, but the fact of violation of the law and the provision of services of inadequate quality. I advise you to measure the air temperature in the apartment and make sure that it really meets the standard. Otherwise, I see no chance of success in court.