SECTION 1 GENERAL

 

1. SCOPE

1.0 Short title - This Code is called the National Building Code, hereinafter referred to as ‘the Code’.
1.1 This part covers the administrative aspects of the Code, such as applicability, organization of building department for enforcement of he Code, procedure for obtaining building permits and responsibility of the owner.

2. TERMINOLOGY

2.0 For the purpose of this part, the following definitions shall apply.

Alteration – A change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or a change to or closing of any required means of ingress or egress or a change to the fixtures or equipment.

APPROVED – Approved by the Authority having jurisdiction.
Authority having jurisdiction – the Authority which has been created by a statue and which, for the purpose of administering the Code/Part, may authorize a committee or an official to act on its behalf; hereinafter called the ‘Authority’.

BUILDING – Any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures. Tenths, SHAMIANAHS and tarpaulin shelters shall not be considered as building.

BUILDING, HEIGHT OF – The vertical distance measured, in the case of flat roofs, from the average level of the center line of the adjoining street to the highest point of the building adjacent to the street wall; and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof, and in the case of gables facing the road, the mid-point between the eaves level and the ridge, Architectural features serving no other function except that of decoration shall be excluded for the purpose of taking heights. If the building does not abut on a street, the height shall be measured above the average level of the ground around and contiguous to the building.

BUILDING LINE – The line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend. It includes the lines prescribed, if any, in any scheme.

CONVERSION – The change of occupancy or premises to an occupancy or use requiring additional occupancy permit.

DRAIN – A line of pipes including all fittings and equipment, such as manholes, inspection chambers, traps, gullies and floor traps used for the drainage of a building, or a number of buildings, or yards appurtenant to the buildings, within the same curtilage. Drain shall also include open channels used for conveying surface water.

DRAINAGE – The removal of any liquid by a system constructed for this purpose.

EXISTING BUILDING OR USE – A building, structure or its use existing before the commencement of the Code and which does not conform to the Code.

OCCUPANCY OR USE GROUP – The principal occupancy for which a building or a part of a building is used or intended to be used; for the purpose of classification of a building according to occupancy, an occupancy shall be deemed to include the subsidiary occupancies which are contingent upon it.

OCCUPIER – Occupier includes any person for the time being, paying or liable to pay rent or any portion of rent of the building in respect of which the word is used, or compensation or premium on account of the occupation of such building and also a rent-free tenant, but does not include a lodger, and the words ‘occupy’ and ‘occupation’ do not refer to the lodger.

An owner living in or otherwise using his own building shall be deemed to be the occupier thereof.


OWNER – The person who receives the rent for the use of the land or building or would be entitled to do so if they were let. It also includes:
a) an agent or trustee who receives such rent on behalf of the owner;
b) a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the change of, or to exercise the rights of the owners;
c) an agent or trustee who receives the rent of or is entrusted with or is concerned with any building devoted to religious or charitable purpose; and
d) a mortgagee in possession.

PERMIT – A permission or authorization in writing by the authority to carry out work related by the Code.

REGISTERED ARCHITECT/ENGINEER/LICENSED SUPERVISOR – A qualified architect/engineer/licensed supervisor who has been registered by the Authority.

Road – See ‘Street’.

Road Line – See ‘Street Line’.

Room Height – The vertical distance measured from the finished floor surface to the finished ceiling surface. Where a finished ceiling is not provided, the underside of the joists or beams or tie beams shall determine the upper point of measurement.

Sanctioned plan – The set of plans and specifications submitted under the Code in connection with a building and duly approved and sanctioned by the Authority.

Service Road – A road/lane provided at the rear or side of a plot for service purposes.

Set back line – A line usually parallel to the plot boundaries and laid down in each case by the Authority, beyond which nothing can be constructed towards the site boundaries.

Site (Plot) – A parcel (piece) of land enclosed by definite boundaries.

Street – Any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square, place or bridge, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme and includes all bunds, channels, ditches, storm-water, drains, culverts, sidewalks, traffic islands, roadside trees and hedges, retaining walls, fences, barriers and railings within the street lines.

Street level or grade – The officially established elevation or grade of the center line of the street upon which a plot fronts and if there is no officially established grade, the existing grade of the street at its mid-point.

Street Line – The line defining the side limits of a street.

To erect – To erect a building means :
a) to erect a new building on any site whether previously built upon or not;
b) to re-erect any building of which portions above the plinth level have been pulled down, burnt or destroyed; and
c) conversion from one occupancy to another.


Unsafe building – Unsafe buildings are those which are structurally unsafe, insanitary or not provided with adequate means of egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation or abandonment.

3. APPLICABILITY OF THE CODE

3.0 Parts I to X and their sections of the Code shall apply to all buildings described in 3.2 to 3.7

3.1 Where a building is erected, the Code applies to the design and construction of the building.

3.2 Where the whole or any part of the building is removed, the Code applies to all parts of the building whether removed or not.

3.3 Where the whole or any part of the building is demolished the Code applies to any part to the work involved in demolition.

3.4 Where a building is altered (see 12.4 and 12.4.1), the Code applies to the whole building where existing or new except that the Code applies only to part if that part is completely self contained with respect to facilities and safety measures required by the Code.

3.5 Where the occupancy of a building is changed, the Code applies to all parts of the building affected by the change.

3.6 Existing Buildings – Nothing in the Code shall require the removal, alteration or abandonment, nor prevent continuance of the use or occupancy of an existing building, unless in the opinion of the Authority, such building constitutes a hazard to the safety of the adjacent property or the occupants of the building itself.


4. INTERPRETATION

4.0 The heading which appears at the beginning of a clause or sub-clause of the Code shall be deemed to be a part of such clause or sub-clause respectively.

4.1 The use of present tense includes the future tense, the masculine gender includes the feminine and the neuter, the singular number includes the plural and the plural includes the singular. The word ‘person’ includes a corporation a well as an individual; writing includes printing and typing and ‘signature’ includes thumb impression made by a person who cannot write if his name is written near to such thumb impression.


5. ALTERNATIVE MATERIALS, METHODS OF DESIGN AND CONSTRUCTION, AND TESTS

5.0 The provisions of the Code are not intended to prevent the use of any material or method of design or construction not specifically prescribed by the Code, provided any such alternative has been approved.

5.1 The Authority may approve any such alternative provided it is found that the proposed alternative is satisfactory and conforms to the provisions of relevant parts regarding material, design and construction and that material, method, or work offered is, for the propose intended, at least equivalent to that prescribed in the Code, in quality, strength, compatibil9ty, effectiveness, fire and water resistance, durability and safety.


5.2 Tests – Whenever there is insufficient evidence of compliance with the provisions of the Code or evidence that any material or methods of design or construction does not conform to the requirements of the Code or in order to the substantiate claims for alternative materials, design or methods of construction, the Authority may require tests sufficiently in advance as proof of compliance. These tests shall be made by an approved agency at the expanse of the owner.

5.2.1 Test methods shall be as specified by the Code for the materials or design or construction in question. If there are no appropriate test methods specified in the Code, the Authority shall determine the test procedure. For methods of test for building materials, reference may be made to Part V Building materials.
5.2.2 Copies of the results of all such tests shall be retained by the Authority for the period of not less than two years after the acceptance of the alternative material.

 

Section 2 Organization and enforcement


6. DEPARTMENT OF BUILDING INSPECTION

6.0 The department of building inspection shall be created and the executive official in-charge thereof shall be known as building official.

6.1 Appointment – The building official shall be appointed by the Authority.

6.2 Organization – The building official shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of the Code and as authorized by the Authority.

6.3 Delegation of Powers – The Authority or the building official may designate an employee or employees who shall exercise all the powers of the official during he temporary absence or disability of the building official.

6.4 Qualification of Building Official – To be eligible for appointment, the building official shall be a Registerable Engineer or Architect, whose qualifications shall not in any case be less than those prescribed in Appendix A.

6.4.1 IN small local bodies having insufficient funds to appoint such officials with the above qualifications, two or three such bodies could join together and have one qualified building official.

6.5 Qualifications of Assistant – No person shall be appointed as Assistant unless he has go the qualifications prescribed in Appendix A for Licensed Supervisor.

6.6 Restriction on Employees – No official or employee connected with the Department of building Inspection except one whose only connection is that of a member of the Board of Appeals, established under 8 shall be engaged directly or indirectly in a work connected with the furnishing of labour, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of plans or of specifications thereof unless he is the owner of the building; nor shall such officer or employee engage in any work which conflicts with his official duties or with the interests of the Department.

6.7 Officers Not Liable for Damage – Any official of the Authority shall not render himself liable personally and he shall be relieved from all personal liabilities for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his official duties. Any suit instituted against any officer or employee because of an act performed by him in the official discharge of his duties and under the provisions of the Code shall be defended by the legal representative of the Authority until the final termination of the proceedings. In no case shall the official or any of his subordinate employees liable for costs in any action, suit or proceeding that may be free from liability for acts performed under any of the provisions or by reasons of any act or omission in the performance of his official duties connected therein.

6.8 Records – Proper records of all applications received, permits and orders issued, inspections made shall be kept and copies of all papers and documents connected with the administration of its duties shall be retained and all such records shall be open to public inspection at all appropriate times.



7. POWERS AND DUTIES OF BUILDING OFFICIAL

7.0 The building official shall enforce all the provisions of the Code and shall act on any question relative to the mode or manner of construction and the materials to be used in the erection, addition, alteration, repair, removal, demolition, installation of service equipment and the location, use, occupancy and maintenance of all buildings except as may otherwise be specifically provided.

7.1 Application and Permits – He shall receive all applications and issue permits (see 12.11) for the erection and alternation of buildings and examine the premises for which such permits have been issued and enforce compliance with the Code.

7.2 Building Notices and Orders – He shall receive all applications and shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction, to require adequate exit facilities in existing buildings and to ensure compliance with all the requirements of safety, health and general welfare of the public as included in the Code.

7.3 Right of Entry – Upon presentation of proper credentials and with advance notice, the building official or his duly authorized representative may enter at any reasonable time any building or premises to perform any duty imposed upon him by the Code.

7.4 Inspection – He shall make all the required inspections or he may accept reports of inspections of authoritative and recognized services or individuals; and all reports of inspections shall be in writing and certified by a responsible officer of such authoritative service or by the responsible individual or engage any such expert opinion as he may deem necessary to report upon unusual technical issues that may arise, subject to the approval of the Authority.

7.5 Construction Not According to Plan – Should the building official determine at any stage that the construction is not proceeding according to the sanctioned plan or in violation of any of the provisions of the Code, or any other applicable Code Regulation, Act or Byelaw, he shall notify the owner, and all further construction shall be stayed until correction has been effected and approved.

7.5.1 Should the owner fail to comply with the requirements at any stage of construction, the Authority is empowered to cancel the building permit issued and shall cause notice of such cancellation to be securely posted upon the said construction, if the owner is not traceable at his address given in the notice. Posting of such a notice shall be considered sufficient notification of cancellation to the owner thereof. No further work shall be undertaken or permitted upon such construction until a valid building permit thereafter has been issued. If the owner, in violation of the notice for cancellation, continues the construction, the Authority may take all necessary means to stop such work.

7.6 Modifications – Wherever practical difficulties are involved in carrying out any provision of the Code, the building official may vary or modify such provisions upon application of the owner or his representative provided the spirit and intent of the Code shall be observed and public welfare and safety be assured. The application of the building official shall be in writing and shall be officially recorded with the application for the permit in the permanent records of the Department of Building Inspection.

7.7 Occupancy Violations – Wherever any building is being used contrary to provisions of the Code, the building official may order such use discontinued and the building or portion thereof, vacated by the notice served on any person, causing such use to be discontinued. Such person shall discontinue the use within 10 days after receipt of such notice or make the building or portion thereof, comply with the requirements of the Code.



8. BOARD OF APPEALS

8.0 In order to determine the suitability of alternative materials or methods of design or construction and to provide for reasonable interpretation of the provisions of the Code, a Board of Appeals consisting of members who are qualified by experience and training and to pass judgment upon matters pertaining to building construction, shall be appointed by the Authority. The building official shall be an ex-officio member and shall act as secretary to the Board. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend such modification are necessary.



9. VIOLATIONS AND PENALTIES

9.0 Offences and Penalties – Any person who contravenes any of the provisions of the Code or any requirements of obligations imposed on him by virtue of the Code, or who interferes with or obstructs any person in the discharge of his duties, shall be guilty of an offence and the Authority shall levy suitable penalty.
NOTE – The penalty may be in the form of collection of arrears of tax.

9.1 Further Obligation of Offender – The conviction of any person for an offence under the provision of 9.1 shall not relieve him from the duty of carrying out the requirements or obligations imposed on him by virtue of the provisions of the Code; and if such requirements or obligations are not complied with in accordance with an order made under provisions of 9.1, the Authority under the provisions of the Code may, if necessary and advisable, enter upon the premises in respect of which a conviction has been made and carry out at the expense of the convicted person, the requirements or obligations referred to in the said order and the expense, if not paid on demand, may be erred with cost in a court.

9.2 Conviction No Bar to Further Prosecution – The conviction of any person under the provisions of this part for failing to comply with any of the said requirements or obligations shall not operate as a bar to further prosecution under this part for any subsequent failure on the part o such person to comply.



10. Power to make rules

10.0 The Authority may make rules for carrying out the provisions and intentions of the Code provided that any rule shall not be in direct conflict or nullify any of the provisions of the Code.

Section 3 Permit and inspection



11. APPLICATION FOR BUILDING PERMIT

11.0 Permit Required – No person shall erect, re-erect or make alterations or demolish any building or cause the same to be done without first obtaining a separate building permit for each such building from the Authority.

11.1 Pre-code building Permit – If any building, permit for which had been issued before the commencement of the Code, is not wholly completed within a period of three years from the date of such permit, the said permission shall be deemed to have lapsed and fresh permit shall be necessary to proceed further with the work in accordance with the provisions of the Code.



12. BUILDING PERMIT

12.0 Notice – Every person who intends to erect, re-erect or make alteration in any place in a building shall give notice in writing to the Authority of his said intention in the prescribed form (se Appendix B) and such notice shall be accompanied by plans and statements in triplicate as required under 12.2 and 12.3. The plans may be ordinary prints on ferro paper or any other type. One set of the Authority for record after the issue of permit or a refusal.

12.0.1 Regarding submission of plans by Government Departments, the procedure shall be as follows :

a) All buildings whether by government or private architects shall in all its aspects conform to the Code.
b) The Central or State Government shall designate an authority within its own department to issue a certificate specifying that the Code has been followed in all its aspects. The plan then need not be submitted to the local authority for approval.
c) The certificate should preferably be given by a person not directly connected with the preparation of plans and specifications.
d) All plans and other details shall be submitted to the local Authority for information and record.
e) In the case of construction in urban areas for defence department, layout plans should be submitted and general indications given whether they are residential or not, so that the local Authority can estimate the requirements of water, electricity and sewage disposal.

12.1 Information Accompanying Notice – The notice shall be accompanied by the site plan, building plan, services plans, specification and certificate of supervision as prescribed in 12.2.2 to 12.2.6.

12.2.2 SITE PLAN – The site plan sent with an application for permit shall be drawn to a scale of not less than 1:1000 and shall show :

a) the boundaries o the site and of any contiguous land belonging to the owner thereof;
b) the position of the site in relation to neighbouring street;
c) the name of the streets in which the building is proposed to be situated, if any;
d) all existing buildings standing on, over or under the site;
e) the position of the building, and of all other buildings (if any) which the applicant intends to erect upon his contiguous land referred to in (a) in relation to :

i) the boundaries of the site and in case where the site has been partitioned, the boundaries of the portion owned by the applicant and also of the portions owned by others;
ii) all adjacent streets, buildings (with number of storeys and height) and premises within a distance of 12 m of the site and of the contiguous land (if any) referred to in (a); and
iii) if there is no street within a distance of 12 m of the site, the nearest existing street;

f) the means of access from the street to the building, and to all other buildings (if any) which the applicant intends to erect upon his contiguous land referred to in (a);
g) space to be left about the building to secure a free circulation of air, admission of light and access for scavenging purposes;
h) the width of the street (if any) in front and of the street (if any) at the side or near the buildings;
i) the direction of north point relative to the plan of the buildings;
j) any physical features, such as wells, drains, etc; and
k) such other particulars as may be prescribed by the Authority.

12.2.3 BUILDING PLANS – The plans of the buildings and elevations and sections accompanying the notice shall be drawn to a scale of 1:100. The plans shall :
a) include floor plans of all floors together with the covered area clearly indicating the size and spacing of all framing members and sizes of rooms and the position of staircase, ramps and liftwells;
b) show the use or occupancy of all parts o the building;
c) show exact location of essential services, for example, WC, sink bath and the like;
d) include sectional drawings showing clearly the sizes of footings, thickness of basement wall, wall construction, size and spacing of framing members, floor slabs and roof slabs with their materials. The section shall indicate the heights of building and rooms and also the height of the parapet; and the drainage and the slope of the roof, At least one section should be taken through the staircase;
e) show all street elevations;
f) indicate details of served privy, if any;
g) give dimensions of the projected portions beyond the permissible building line;
h) include terrace plan indicating the drainage and the slope of the roof; and
i) give indications of the north point relative to the plan.

12.2.4 SERVICES PLAN – Plans, elevations and sections of private water supply and sewage disposal system, if any, shall also be included (see Part IX Plumbing services).

12.2.5 SPECIFICATIONS – Specifications, both general and detailed, giving type and grade of materials to be used, duly signed by the registered architect/engineer/licensed supervisor shall accompany the notice.

12.2.6 SUPERVISION – The notice shall be further accompanied by a certificate in the prescribed form (see Appendix C) by the registered architect/engineer/licensed supervisor (see Appendix A) undertaking the supervision.

12.2 Signing the Plans – All the plans shall be duly signed by the owner and the registered architect/engineer/licensed supervisor (see Appendix A) and shall indicate their names, addresses, qualifications and registered numbers allotted by the Authority.

12.3 Notice for Alteration Only – When the notice is only for an alteration of the building (see 3.5), only such plans and statements, as may be necessary, shall accompany the notice.

12.3.1 No notice and building permit is necessary for the following alterations, which do not otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of the Code :

a) Opening and closing of a window or door or ventilator;
b) Providing intercommunication doors;
c) Providing partitions;
d) Gardening;
e) White washing;
f) Painting;
g) Re-tiling and re-roofing;
h) Paltering and patch work;
i) Re-flooring;
j) Construction of sunshades on one’s own land; and
k) Re-erection of portions of buildings damaged by earthquake or other natural calamities, to the same extent and specification as existed prior to such damage.

12.4 Notice for Land Adjoining the Government or Corporate Bodies Formed Under the Statue – In case of a notice of intention to erect, re-erect or make alteration in a building or to make or enlarge any structure abutting on property maintained by Public Works Department, Military or other Government Departments, the notice and plan shall be in sufficient numbers to enable the Authority to forward one set each to the appropriate departments for report before the permission is granted; the government department shall report to the Authority within two weeks from the date o the receipt of the notice and plans whether or not they have any objection to the proposed construction.

12.5 Fees – No notice as referred to in 12.1 shall be deemed valid unless and until the person giving notice has paid the fees to the Authority and an attested copy of the receipt of such payment is attached with the notice.

Note – The fees may be charged in terms of total floor area of the building. In the event of a building permit is not issued, the fees so paid shall not be returned to the owner, but he shall be allowed to re-submit it without any fees after complying with all the objections raised by the Authority within a period of one year from the date of rejection after which fresh shall have to be paid.


12.6 Duration of Sanction – The sanction once accorded shall remain valid up to three years. The permit shall be got revalidated before the expiration of this period. Revalidation shall be subject to the rules then in force.

12.7 Deviations During Construction - If during the construction of a building any departure of a substantial nature from the sanctioned plan is intended to be made (see 7.5), sanction of the Authority shall be obtained before the change is made. The revised plan showing the deviations shall be submitted and the procedure laid down for the original plan heretofore shall apply to all such amended plans except that the time limit specified under 12.11.1 shall be three weeks in such cases.

12.8 Revocation of Permit – The Authority may revoke any permit issued under the provisions of the Code, wherever there has been any false statement or any misrepresentation of any material fact in the application on which the permit was based.

12.9 Qualification of the Architects/Engineers/Licensed Supervisors – Architects, engineers and licensed supervisors referred to under 12.2.5, 12.2.6 and 12.3 shall be registered with the Authority as competent to do the work for which they are employed. A guide for the equivalent technical qualifications and professional experience required for such registration with the Authority is given in Appendix A.

12.10 Grant of Permit or Refusal – The Authority may either sanction or refuse the plans and specifications or may sanction they with such modifications or directions as it may deem necessary and thereupon shall communicate its decision to the person giving the notice.

12.10.1 If within 30 days of the receipt of the notice under 12.1 of the Code, the Authority fails to intimate in writing to the person, who has given the notice, of its refusal or sanction, the notice with its plans and statements shall be deemed to have been sanctioned; provided the fact is immediately brought to the notice of the Authority in writing by the person who has given notice and having not received any intimation from the Authority within fifteen days of giving such written notice. Subject to the conditions mentioned in this clause, nothing shall be constructed to authorize any person to do anything in contravention of or against the terms of lease or titles of the land or against any other regulations, byelaws or ordinance operating on the site of the work.
12.10.2 In the case of refusal, the Authority shall quote the reason and relevant sections of the Code which the plans contravene. The Authority shall as far as possible advise all the objections to the plans and specifications in the first instance itself and ensure that no new objections are raised when they are re-submitted after compliance of earlier objections.
12.10.3 Once the plan has been scrutinized and objections have been pointed out, the owner giving notice shall modify the plan to comply with the objections raised and resubmit it. The Authority shall scrutinize the objections, the plan shall be rejected.



13. Responsibilities and Duties of the owner

31.1 Neither the granting of the permit nor the approval of the drawings and specifications, nor inspections made by the Authority during erection of the building shall in any way relieve the owner of such building from full responsibility for carrying out the work in accordance with the requirements of the Code (see 9).

13.2 Every owner shall :
a) permit the Authority to enter the building or premises for which the permit has been granted at any reasonable time for the purpose of enforcing the Code;
b) submit a document of ownership of the site;
c) obtain, where applicable, from the Authority, permits relating to building, zoning, grades, sewers, water mains, plumbing, signs, blasting, street occupanacy, electricity, highways, and all other permits required in connection with the proposed work;
d) give noice to the Authority of the intention to start work on the building site (see Appendix D);
e) give notice to the Authority regarding completion of footings and before erection of foundation walls;
f) give written notice to the Authority regarding completion of the work described in the permit (see Appendix E); and
g) obtain an occupancy certificate (see Appendix F) from the Authority prior to any
i. occupancy of the building or part thereof after construction or alteration of that building or part, or
ii. change in the class of occupancy of any building or part thereof.

13.2.1 Temporary occupancy – Upon the request of the holder of the permit, the Authority may issue a temporary certificate of occupancy for a building or part thereof, before the entire work covered by the permit shall have been completed, provided such portion or protions may be occupied safely prior to full completion of building without endangering life or public welfare.

13.3 Documents at Site

13.3.1 Where tests of any materials are made to ensure conformity with the requirements of the Code, records of the test data shall be kept available for inspection during the construction of the building and for such a period thereafter as required by the Authority.

13.3.2 The person to whom a permit is issued shall during construcion keep :
a) posted in a conspicuous place on the property in respect of which the permit was issued, a copy of the building permit; and
b) a ciopy of the approved drawings and specifications referred to in 12 on the property in respect of which the permit was issued.



14 . INSPECTION


14.1 Generally all constrction or work for which a permit is required shall be subject to inspection by the Authority and certain types of constucviton involving unusual hazards or requiring constant inspection shall have continuous inspection by special inspectors appointed by the Authority.

14.2 Inspection, where required, shall be made within 7 days following the receipt of notification, after which period the owner will be free to continue the construction according to the sanctioned plan. At the first inspection, the Authority shall determine to the best of its ability that the building has ben located in accordance with the approved site plans. The final inspection of the completion of the work shall be made within 21 days following the receipt of notification [see 13.2 (f)] for the grant of occupancy certificate.



15 UNSAFE BUILDING

15.1 All unsafe buildings shall be considered to constitute danger to public safety and shall be restored by repairs or demolished or dealt with as otherwise directed by the Authority.

15.2 Examination of Unsafe Building – The Authority shall examine or cause to be examined every building reported to be unsafe or damaged, and shall make a written record of such examination.
15.3 Notice to owner, Occupier – Whenever the Authority finds any building or portion thereof to be unsafe, it shall, in accordance with established procedure for legal notice, give to the owner and occupier of such building written notices stating the defects thereof. This notice shall require the owner or the occupier within a stated time either to complete specified repairs or improvements or to demolish and remove the building or portion thereof.

15.3.1 The Authority may direct in writing that the building, which in his opinion is dangerous, or has no provision for exit if caught fire, shall be vacated immediately or within the period specified for the purpose; provided that the Authority concerned shall keep a record of the reasons for such action with him.
If any person does not comply with the orders of vacating a building, the Authority may direct the police to remove the person from the building and the police shall comply with the order.

15.4 Disregard of Notice- In case the owner or occupier fails, neglects, or refuses to comply with the notice to repair or to demolish the said building or potion thereof, the Authority shall cause the danger to be removed whether by demolition or repair of the building, or portion thereof or otherwise.

15.5 Cases of Emergency-In case of emergency, which, in the opinion of the Authority involves imminent danger to human life or health, the decision of the Authority shall be final. The Authority shall forthwith or with such notice as may be possible promptly cause such building or portion thereof to be rendered safe or removed. For this purpose the Authority may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be deemed necessary. The Authority may also get the adjacent structures vacated and protect the public an appropriate fence or such other means as may be necessary.

15.6 Costs- Costs incurred under 15.4 and 15.5 shall be charged to the owner of the premises involved. Such costs shall be charged on the premises in respect of which or for the benefit of which the same have been incurred and shall be recoverable as provided under the laws (see Note).
Note – The costs may be in the from of arrears of taxes.



16. DEMOLITION OF BUILDING

16.1 Before a building is demolished, the owner shall notify all utilities having service connections within the building, such as water, electric, gas, sewer and other connections. A permit to demolish a building shall not be issued until a release is obtained from the utilities stating that their respective service connections and appurtenant equipment, such as meters and regulators have been removed or sealed and plugged in a safe manner.


17. VALIDITY


17.1 Partial Invalidity – In the event any part or provision of the Code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts of provisions thereof, which may or shall be determined to be legal, and it shall be presumed that the code would have been passed without such illegal or invalid parts or provisions.

17.2 Segregation of Invalid provisions- Any invalid part of the code shall be segregated from the remainder of the code by the court holding such part invalid, and the remainder shall remain effective.

17.3 Decisions Involving Existing Buildings –The invalidity of any provision in any clause of the code as applied to existing buildings and structures not be hold to effect the validity of such section in its application to buildings hereafter erected .


18. ARCHITECTURAL CONTROL


18.1 Compliance with the provisions of the code is adequate for normal building. But for major public building complexes or buildings coming up in an important area or monumental buildings in metropolitan cities the aesthetics of the whole scheme may also have to be examined, vis-à-vis existing structures. In addition, any development which may mar the general characteristics and environment of historical, architectural or other monuments should also be subject to the provision of this clause.

18.2 The Authority may appoint an Art Commission for examining schemes of such buildings. This Commission may consist of elite of city, such as an architect, engineer, sculptor, painter, writer, landscape specialist and laymen.

18.3 The Commission may work in the following manner:
The Commission may select important schemes and examine the same. The person responsible for the schemes, say an architect or an engineer, may examine either alone or with the owner. A study of the plans, elevation, models, etc, should be made. The architect should explain in general terms the purposes, which the building is to serve, and the main conditions which have influenced him in preparing the design.
The Commission after full discussion may communicate their decision in writing to the parties concerned. The Commission may recommend a change in the whole scheme or suggest modification in the existing scheme.

18.4 The Art Commission should also be charged with advising the city government, on schemes which will beautify the city and add to its cultural vitality.

 


APPENDIX A
(Clauses 6.5, 6.6, 12.2.6, 12.3 and 12.10)
GUIDE FOR THE QUALIFICATIONS OF REGISTERED ARCHITECTS, REGISTERD ENGINEERS AND LICENSED SUPERVISORS


A-1. ESSENTIAL REQUIREMENTS


A-1.1 Every building work for which permission is sought under the Code shall be designed and supervised by a Registered Architect / Engineer / Licensed Supervisor. Qualifications which an architect or engineer or licensed supervisor shall have before he is registered by the local body and permitted to practice within the local body’s jurisdiction are given in A-2.1 to A-2.3.
A-2 QUALIFICATIONS OF REGISTERED ARCHITECTS, REGISTERD ENGINEERS AND LICENSED SUPERVISORS

A-2.1 The minimum qualifications for a Registered Architect shall be the Corporate Membership of the Indian Institute of Architects or such Degree or Diploma which makes him eligible for such membership.

A-2.2 The minimum qualifications for a Registered Engineer shall be the Corporate Membership (Civil) of the Institution of Engineers (India) or such Degree or Diploma in Civil, Municipal or Structural Engineering which makes him eligible for such membership.
A-2.3 The minimum qualification for a Licensed Supervisor shall be qualification in Architecture or Engineering equivalent to the minimum qualification prescribed for recruitment to non-gazetted service by the Government of India plus 5 years experience in building design, construction and supervision.

APPENDIX B
(Clause 12.1) FORM FOR FIRST APPLICATION TO ERECT, RE-ERECT OR TO MAKE ALTERATION IN ANY PLACE IN A BUILDING

TO
……………………………………
……………………………………
……………………………………


Sir,
I hereby give notice that I intend to erect, or to make alteration in the building
No. ………. or to…………….on /in Plot No …………..in Colony/ Street…………. MOHALLA /BAZAR/Road …………….City ………………and in accordance with the building code of ……………….Part II, Clauses………………….and I forward herewith the following plans and specification in triplicate duly signed by me and……………………………………………
The Registered Architect/Engineer/Licensed
(name in block letters)

1. Site plans
2. Building plans
3. Services Plans
4. Specification, General and Detailed
I request that the construction may be approved and permission accorded to me to execute the work.

Signature of Owner…………………
Name of Owner ………………………
Address of owner
……………………..
……………………..
……………………..
Date………………

APPENDIX C
(Clause 12.2.6)
FORM FOR ARCHITECTURAL SUPERVISION


I hereby certify that the erection, re-rection or material or alteration in/of building NO………….or the ……………..on/in plot No……………..shall be carried out under my supervision and I certify that all the materials (type and grade) and the workmanship of work shall be generally in accordance with the general and detailed specification submitted along with, and that the work shall be carried out according to the sanctioned plans.

Signature of Architect/Engineer/Licensed Supervisor…………………………….
Name of Architect/Engineer/Licensed Supervisor…………………………….
(in block letters)

Registered No. of Architect/Engineer/Licensed Supervisor……………………….

Address of Architect/Engineer/ Licensed Supervisor
………………………………
………………………………
Date ………………