Legal Memorandum of Installation and Operation of Power Generators

The installation and operational use of generators are governed by the following regulatory framework:

1. Safety Rules for the Operation of Consumer Electrical Installations, approved by Order of the State Committee for Occupational Safety Supervision No. 4, dated 09.01.1998;
2. Electrical Installation Regulations (PUE), approved by Order of the Ministry of Energy and Coal Industry No. 476, dated 21.07.2017;
3. Rules for Technical Operation of Consumer Electrical Installations, approved by Order of the Ministry of Fuel and Energy No. 258, dated 25.07.2006;
4. Law of Ukraine “On Protection of Ambient Air.”

Permits for High-Risk Operations

Pursuant to Cabinet of Ministers of Ukraine Resolution No. 314 (dated 18.03.2022) regarding business activity during martial law, and in accordance with the List of High-Risk Machinery, Mechanisms, and Equipment (Resolution No. 77, dated 03.02.2021):

Owners of enterprises utilizing generators with a voltage exceeding 1000V must submit a Declaration of Business Activity to the relevant licensing and permitting authorities or public service providers.

The Declaration must include the following details:

1. For Legal Entities: Organizational and legal form, full and abbreviated name, EDRPOU identification code, registered address, contact phone number, email address, and the full name of the director or authorized representative. For Private Entrepreneurs (FOP): Full name, Taxpayer Identification Number (RNOKPP) or passport details (for those opting out of RNOKPP for religious reasons), place of residence, contact phone number, and email address.
2. Actual Address(es) of business operations.
3. Name of the Business Activity or information regarding amendments to existing permits.
4. Title of the Permit(s) being replaced by the declaration or to which amendments are being made.
5. Affirmation that the business entity is familiar with and undertakes to comply with all legislative requirements governing the specific licensed or permitted activity.

Submission Methods:

• Electronic: Via the Diia Portal (https://diia.gov.ua/services/yedeklaraciya).
• Paper-based: Through an Administrative Services Center (TSNAP) for further processing via the Diia Portal.

Non-compliance Risks: Operating a generator without proper documentation may result in administrative sanctions, including fines, suspension of operations, or equipment confiscation. Furthermore, in the event of an accident or fire, the owner assumes full liability for damages. Submission of this declaration is free of charge. Administrative liability under Article 78 of the Code of Administrative Offenses (KUpAP) entails fines for officials ranging from 5 to 8 non-taxable minimum incomes.

SES (State Emergency Service) Installation Guidelines

• Placement: Generators must be placed outdoors (preferably under a canopy) or in a separate, spacious technical room with functional ventilation and air exchange capabilities.
• Setbacks: Minimum distance of 6 meters from adjacent objects (buildings, walls with windows, vehicles, etc.). Installation is permitted at a distance of 1 meter from solid non-combustible walls without windows.
• Surface: The unit must be installed on a flat, stable, and secure platform.

Liability: Installation in improper locations violates fire and industrial safety regulations. Under Article 175 of KUpAP, fines range from 100 to 200 non-taxable minimums for citizens, and 200 to 300 for officials and private entrepreneurs.

Noise Levels and Environmental Mitigation

Permissible sound levels in residential buildings are 35–55 dBA (day) and 25–35 dBA (night). In residential development areas, levels are 50–60 dBA (day) and 40–50 dBA (night) (Ministry of Health Order No. 463). Note: These requirements do not apply during emergency response, natural disasters, or when the equipment is essential for the life support of residential/public buildings.

Ministry of Health Recommendations for Noise Reduction:

• Maintain a 6-meter distance from residential and sleeping areas.
• Utilize soundproof and acoustic shields.
• Equip the unit with a sound-insulating enclosure (canopy) and exhaust gas redirection.
• Sandbagging: Creating a soundproof circle of sandbags around the unit (at least 0.5 meters from the generator) can significantly dampen noise.

Emission and Safety Maintenance:

• Operate only in open-air environments with high air exchange.
• Ensure distance from windows/entries to prevent carbon monoxide (CO) infiltration.
• Perform regular technical maintenance to prevent leaks and malfunctions.
• Ensure timely filter replacements.
• Use high-quality, unleaded fuel.