বি.এন.বি.সি ২০১১পার্ট২

TABLE OF CONTENTS

PART 2    Administration and Enforcement

Chapter 1

PURPOSE AND APPLICABILITY

1.1

PURPOSE

2-1

1.2

TERMINOLOGY

2-1

1.3

APPLICABILITY

2-1

1.3.1

Construction

2-2

1.3.2

Removal

2-2

1.3.3

Demolition

2-2

1.3.4

Alteration

2-2

1.3.5

Maintenance

2-2

1.3.6

Repair

2-2

1.3.7

Land Development

2-2

Chapter 2

ORGANIZATION AND ENFORCEMENT

2.1

CODE ENFORCEMENT AGENCY

2-3

2.2

ENFORCEMENT ATTHE FIELD LEVEL

2-3

2.3

BUILDING OFFICIAL

2-3

2.4

ADMINISTRATIVE JURISDICTION OF BUILDING OFFICIALS

2-3

2.5

MERGING THE JURISDICTIONS UNDER SMALL LOCAL BODIES

2-4

2.6

QUALIFICATION OF THE BUILDING OFFICIAL

2-4

2.7

RESTRICTIONS ON THE BUILDING OFFICIAL

2-4

2.8

DAMAGE SUIT

2-4

2.9

POWERS AND DUTIES OF THE BUILDING OFFICIAL

2-5

2.9.1

General

2-5

2.9.2

Deputies

2-5

2.9.3

Recognition of Professional Services

2-5

2.9.4

Application and Permits

2-5

2.9.5

Building Notices and Orders

2-5

2.9.6

Right of Entry

2-5

2.9.7

Inspection

2-6

2.9.8

Orders to Stop Work

2-6

2.9.9

Occupancy Violation

2-6

2.9.10

Maintenance of Records

2-6

2.9.11

Expert Opinion

2-6

2.10

APPEALATE AUTHORITY

2-6

2.11

REQUIREMENT OF CERTIFICATION OF WORK

2-7

2.12

LIMITS OF PROFESSIONAL CONDUCT

2-7

2.13

VIOLATION AND PENALTIES

2-7

2.13.1

General

2-7

2.13.2

Professional Violation

2-7

2.13.3

Obligation of Offender

2-7

2.13.4

Conviction No Bar to Further Prosecution

2-7

2.14

POWER TO MAKE RULES

2-8

Chapter 3

PERMIT AND INSPECTIONS

3.1

PERMITS

2-9

3.2

TYPES OF PERMIT

2-9

3.2.1

Validity of Permits from the Date of Issuance

2-9

3.2.2

Permits Obtained Prior to Adoption of Code

2-10

3.3

CONSTITUTION OF BUILDING PERMIT COMMITTEES

2-10

3.4

APPLICATION FOR PERMIT

2-10

3.5

DISPOSAL OF APPLICATION

2-11

3.6

PREPARATION AND SIGNING OF DRAWINGS

2-11

3.7

FEES

2-13

3.8

RESPONSIBILITIES AND DUTIES OF THE OWNER

2-13

3.8.1

General

2-13

3.8.2

Employment of Technical Personnel

2-13

3.8.3

Right of Entry

2-13

3.8.4

Permits from Other Agencies

2-13

3.8.5

Information on Progressive Work

2-13

3.8.6

Safety Measures

2-13

3.8.7

Notice of Completion

2-14

3.8.8

Documents at Site

2-14

3.9

RESPONSIBILITIES AND DUTIES OF TECHNICAL PERSONNEL

2-14

3.10

INSPECTION

2-14

3.11

UNSAFE BUILDINGS

2-14

3.11.1

General

2-14

3.11.2

Examination

2-14

3.11.3

Notification

2-14

3.11.4

Disregard of Notice

2-14

3.11.5

Cases of Emergency

2-14

3.12    DEMOLITION OF BUILDINGS    2-15

3.13    VALIDITY OF THIS CODE    2-15

3.13.1 Partial Invalidity    2-15

3.13.1 Invalidity of Existing Buildings    2-15

3.14    ARCHITECTURAL AND ENVIRONMENTAL CONTROL    2-15

3.15    MAKING IMPLEMENTATION PROCEDURES    2-16


Chapter 1

PURPOSE AND APPLICABILITY

1.1 PURPOSE

The purpose of this part is to relate the provisions of the Code to different documents for administration and enforcement of the Code. All legal issues shall be referred to the Building Construction Act.

1.2 TERMINOLOGY

ALTERATION : Any change, addition or modification in construction such as structural, dimensional, or any removal of any part of a building or any change to or closing of any required means of ingress or egress or a change to the fixtures or equipment or any change in occupancy or use.

APPLICANT : A person, a firm, a company, a corporation, or a government, semi-government or nongovernment agency who intends to undertake any work regulated by this Code and who has filed an application to the Building Official for this purpose in a form prescribed in the Code.

APPROVED PLAN : The set of plans, designs and specification of a building submitted to the Authority as per provision of this Code and duly approved and sanctioned by the Authority.

AUTHORIZED OFFICER : An officer appointed by the Government by notification in the Official Gazette to exercise in any area the functions of an Authorized Officer.

BUILDING OFFICIAL : Same as AUTHORIZED OFFICER above. Having meaning and authority of AUTHORIZED OFFICER as defined in the Building Construction Act.

BUILDER : A person, a firm, a company, a corporation or a government, semi-government or non-government agency who undertakes construction of any work regulated by the Code. Owner of a building or structure in connection to which the work is undertaken shall not be considered as a Builder.

CONSTRUCT, TO : To construct a new building or reconstruct an existing building or to convert a building from one occupancy to another.

DEVELOPMENT : Carrying out construction of buildings, engineering, mining or other operations in, or over or under land or water. Includes redevelopment and layout and subdivision of any land. 'To develop' and other grammatical variations shall be interpreted accordingly.

ERECT, TO : See CONSTRUCT, TO.

OWNER (OF A BUILDING) : The person, organization or agency at whose expenses the building is constructed and who has the legal right over the land on which it is constructed or one who has the right to transfer the same and includes his or her heirs, assignees and legal representatives, and a mortgagee in possession.

PERMIT : A written document or certificate issued by the Authority for carrying out a specific activity under the provisions of this Code.

UNSAFE BUILDING : A building which, in the opinion of the Building Official, is structurally unsafe, or insanitary, or lacks proper means of ingress or egress, or which constitutes a hazard to life or property.

1.3 APPLICABILITY

The requirements of this Code shall be complied within any construction, addition, alteration or repair, use and occupancy, location, maintenance, demolition and removal of a building or structure or any appurtenances connected or attached to it as set forth herein below.

2-1

1.3.1    Construction

For construction of a new building, the provisions of this Code shall apply to its design and construction.

1.3.2    Removal

For removal of any portion or the whole of a building, the provisions of this Code shall apply to all parts of the building whether removed or not.

1.3.3    Demolition

For dismantling or demolition of any part or the whole of a building, the provisions of this Code shall apply to any remaining portion and to the work involved in the dismantling or demolition process.

1.3.4    Alteration

For alteration of a building, the provisions of this Code shall apply to the whole building whether existing or new. If the portion of the building to which the alteration is made is completely self contained with respect to the facilities and safety measures required by this Code, the provisions of this Code shall apply only to that portion and not to the whole building.

1.3.5    Maintenance

Maintenance work shall be undertaken for all new and existing buildings and all parts thereof to continue their compliance with the provisions of this Code. All devices, equipment and safeguards installed as per the requirements of this Code shall be maintained in conformity with the edition of the Code under which installed. The owner of the building or his designated agent shall at all times be responsible for the safe and sanitary maintenance of the building or structure, its means of egress facilities and the safety devices, equipment and services installed therein. The Authorized Officer or his delegated persons as described in relevant documents mentioned in Chapter 2 may cause re-inspection of a building to determine its continued compliance with this section.

1.3.6    Repair

Application or notice to the Authority administering the Code is not necessary for ordinary repairs to buildings or structures, provided such repairs do not involve the cutting away of any wall or portion thereof, the removal or cutting of any structural or bearing element, the removal or alteration of any required means of egress, or the rearrangement of any parts of a structure affecting the access and exit facilities. All works involving addition to, alteration or change of use of any building or structure shall conform to the requirements set forth in Part 9 of this Code.

1.3.7    Land Development

For development of a land for construction of a building, the provisions of this Code shall apply to the entire development work. For land development purposes the following laws shall also be applicable:

a)    The Town Improvement (Tl) Act 1953

b)    Land Development Rules for Private Housing 2004

Chapter 2

ORGANIZATION AND ENFORCEMENT

2.1 CODE ENFORCEMENT AGENCY

2.1.1    The Government shall establish a new or designate an existing department/agency responsible for enforcement of this Code throughout Bangladesh. Code enforcing agency shall have the authority of the government and shall herein be referred to as the Building Regulatory Authority (BRA). This Authority shall work as apex body to implement the provisions of the Bangladesh National Building Code (BNBC) and will be administered under the Ministry of Housing and Public Works, Government of Bangladesh.

2.1.2    Central Headquarters of BRA will be located in Dhaka or any other place as decided by the government.

Headed by one Chairman it will have Members not exceeding five. There will be necessary officers and staff for smooth functioning of the office.

2.2    ENFORCEMENT AT THE FIELD LEVEL

2.2.1    The Building Regulatory Authority will designate a section/wing/part/branch/division of any public office engaged in the development sector with specific geographical jurisdiction as sub-ordinate office of BRA. These offices will be named as Office of the Building Official (OBA). OBAs will be established at various local/regional development area or local government levels.

2.2.2    These Offices of Building Official will have necessary number of officers, technical assistants, inspectors,

and other employees as shall required for proper implementation and administration of the provisions of the Code. All the officers and staff of these field offices shall be under administrative control of BRA. They will be in the pay-roll of the office they will be serving and will be treated as on deputation to BRA.

2.3 BUILDING OFFICIAL

2.3.1    The administrative and operational chief of the code enforcing office shall be designated as the Building Official who shall act on behalf of the Authority. The Building Official will exercise the power and perform responsibilities and duties of Authorised Officer as laid down in the Building Construction Act. The Building Official may designate an employee or employees who shall carry out the specified duty and exercise the specified power of the Building Official.

2.3.2    The Authority may direct that power of Building Official may be exercised through a Building Construction Committee (B.C.Committee). 75% or more members in such committees shall comprise of professionals like architects, civil engineers and town planners. Building Official shall work as ex-officio member-secretary of the B.C. Committee.

2.4 ADMINISTRATIVE JURISDICTION OF BUILDING OFFICIALS

2.4.1

The areas delineated below in the table shall be under the jurisdiction of the Building Officials located in the offices /authorities mentioned in the right hand column:

Sl.

Area

Authority

1

Areas falling under the master plan control of Rajdhani Unnayan Kartipokhkha (Raj.U.K)

Raj.U.K

2

Areas falling under the master plan control of Chittagong Development Authority (C.D.A.)

C.D.A.

3

Areas falling under the master plan control of Rajshahi Development Authority (R.D.A)

R.D.A

4

Areas falling under the master plan control of Khulna Development Authority (K.D.A)

K.D.A

5

Areas falling under the master plan control of any Development Authority to be established in future

relevant development authority

6

Areas falling under the geographical jurisdiction of any City Corporation where no Development Authority exists

relevant city corporation

7

Areas falling under the geographical jurisdiction of any Municipality where no Development Authority exists

Relevant municipality

8

Areas not falling under any of the above

PWD division office in each administrative district

9

Special areas, if any

To be declared by the government as and when necessary

2.4.2 There may be as many Building Officials as required depending upon the area of jurisdiction. But every Building Official will be in charge of an independent and well demarcated area.

2.5    MERGING THE JURISDICTIONS UNDER SMALL LOCAL BODIES

Small local bodies like pourashavas and thanas located outside the larger city municipalities and having insufficient funds for individually carrying out the task of a code enforcing agency may jointly appoint or designate, with the approval of the authority, a Building Official who shall have a jurisdiction over the combined area of jurisdiction of the concerned local bodies.

2.6    QUALIFICATION OF THE BUILDING OFFICIAL

The person to be designated as the Building Official shall be at least an architect, civil engineer, or town planner in addition to fulfilling any other requirement of the Authority. The employees of the Building Official shall be adequately qualified to carry out the responsibilities assigned to them by the Building Official.

2.7    RESTRICTIONS ON THE BUILDING OFFICIAL

The Building Official or any of his employees shall not in any way, directly or indirectly, be engaged in planning, design, construction, repair, maintenance, modification or alteration of a building, certification of any work or materials, supply of materials, labour, equipment or appliances or any other work regulated by the provisions of this Code. The Building Official or any of his employees shall not be interested in business, either directly or indirectly, as planner, engineer, architect, builder or supplier or in any other private business transaction or activity within the jurisdiction of the Authority which conflicts with his official duties or with the interest of the code enforcing agency.

2.8 DAMAGE SUIT

In the process of discharging the official duties as required and permitted by the Code, the Building Official or any of his employees shall not be personally liable for any damage that may be caused to any person or property. Any suit filed against the Building Official or any of his 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 decision of the proceedings. In no case shall the Building Official or any of his employees be liable for costs in any legal action, suit, or defence proceeding that may be filed in pursuance of the provisions of the Code.

2.9 POWERS AND DUTIES OF THE BUILDING OFFICIAL

2.9.1    General

The Building Official shall be authorized to enforce all the provisions of this Code and for such purposes the Building Official shall have the power of a law enforcing officer.

The Building Official shall be authorized to interpret this Code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions in conformity with the intent and purpose of this Code.

2.9.2    Deputies

The Building Official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time in accordance with the prescribed procedures and with the approval of the Authority.

The Building Official may designate such officers or inspectors as may be necessary to carry out the functions of the code enforcement agency.

2.9.3    Recognition of Professional Services

The Building Official may recognize the professional services provided by architects, engineers, planners and supervisors. Such recognition may be withdrawn by the Building Official under the provisions set forth in Sec 2.6.3.

2.9.4    Application and Permits

Applications shall be made in writing to the Building Official for any erection, construction, addition, alteration, modification, repair, improvement, removal, conversion or demolition of any building or structure regulated by this Code. The Building Official shall receive such applications, examine the premises, enforce compliance with this Code and issue permits for the intended work.

2.9.5    Building Notices and Orders

All necessary notices and orders to correct illegal or unsafe conditions, to require the specified safeguards during construction, to require adequate access and 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 this Code shall be issued by the Building Official.

2.9.6    Right of Entry

The Building Official may enter a building or premises at reasonable times to inspect or to perform the duties imposed by this Code if:

i)    it is necessary to make an inspection to enforce the provisions of this Code; or

ii)    the Building Official has reasonable cause to believe that a condition contrary to or in violation of this Code exists making the building or the premises unsafe, hazardous or dangerous.

If the building or premises is occupied, the Building Official shall present credentials to the occupant and request entry. If the building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or any other person having charge or control of the building or premises and request entry. If entry into the building or premises is refused or the owner of the unoccupied building or premises cannot be located, the Building Official shall secure entry as provided by the law.

2.9.7    Inspection

The Building Official shall inspect all construction or work for which a permit is required or he shall accept reports of inspection by an engineer, architect or planner and may approve or disapprove the work inspected. The work or construction to be inspected shall remain accessible and exposed for inspection purposes until the approval is obtained.

All reports of inspection shall be in writing and certified by the Building Official or the engineer or the architect making the inspection.

Approval of work or construction as a result of such inspection shall not be interpreted to be an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction.

The Building Official may require survey of the site and adjoining areas to verify that the structure is located in accordance with the approved plans.

2.9.8    Orders to Stop Work

The Building Official may issue an order for immediate discontinuation of a work and cancellation of a previous permit for such work at any stage if:

i)    any work is being done contrary to the provision of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code; or

ii)    it is determined by the Building Official that the construction is not proceeding according to the approved plan.

In such cases the Building Official shall notify the owner in writing of such an order and all further construction shall be stayed until correction has been effected and approved.

2.9.9    Occupancy Violation

The Building Official may order the current uses of a building discontinued and the building or portion thereof vacated by serving a notice on any person if the Building Official determines that the building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this Code.

2.9.10    Maintenance of Records

The Building Official shall maintain records of all applications and drawings received, permits and orders issued, inspections made and reports prepared and submitted by other recognized agencies. Copies of all relevant papers and documents for enforcement of the Code shall be preserved by the Building Official. All such records shall be kept open to public inspection at all suitable times.

2.9.11    Expert Opinion

The Building Official may engage, subject to the approval of the Authority, an expert or a panel of experts for opinion on unusual technical issues that may arise in administering the provisions of the Code.

2.10 APPEALATE AUTHORITY

There shall be an Appealate Authority to hear and decide appeals of orders, decisions or determinations made by the Building Official related to the application and interpretation of this Code. It shall be constituted as per the provision laid out in the Building Construction Act. The Appealate Authority shall provide reasonable interpretation of the provisions of this Code and determine the suitability of alternative materials or methods of design or construction. Such Board shall consist of members appointed by the Authority who are noted for their education and experience in the relevant field of building construction and whose term of office shall be at the pleasure of the Authority. This body shall, with the approval of the government, adopt rules of procedure for conducting its business, and shall communicate all decisions and findings in writing to the appellant with a copy to the Building Official.

This authority shall have no discretion for interpretation of the administrative provisions contained in Part 2 of this Code nor shall the be empowered to waive any requirement of this Code.

2.11 REQUIREMENT OF CERTIFICATION OF WORK

Any planning, design, supervision of construction, repair, maintenance, modification and alteration of buildings, or any other work regulated by the Code shall be certified by an engineer, architect or planner for its compliance with the provisions of the Code.

2.12 LIMITS OF PROFESSIONAL CONDUCT

An architect, engineer or planner assisted if necessary by personnel working under his direct control, shall be allowed to plan, design and supervise construction, repair, maintenance, alteration and modification of buildings or structures regulated by this Code provided he certifies compliance of the work with the provisions of the Code. Such a person may provide any such certificate as long as his or her services are recognized by the Building Official as specified in Sec 2.9.3 and such recognition is not withdrawn under the provisions of Sec 2.13.2withdrawn under the provisions of Sec 2.13.2

2.13 VIOLATION AND PENALTIES

2.13.1    General

Any person, firm, corporation or government department or agency who as owner of the property erects, constructs, enlarges, alters, repairs, moves, improves, removes, converts, demolishes, equips, uses, occupies or maintains any building or structure or cause or permit the same to be done in violation of this Code shall be guilty of an offence and the Authority shall take legal action against such offenders. The term owner shall, for the purpose of these provisions include any developer who by appointment, contract or lease is or has been responsible for the actions listed above.

2.13.2    Professional Violation

The engineer, architect or planner responsible for design, supervision or certification of any construction or other work of a building or structure shall ensure compliance of such work with the provisions of this Code, any violation of which or any other professional misconduct insofar as implementation of the provisions of this Code is concerned including making false statements or issuing false certificates or any incidence of proven professional incapability shall make him liable to penalties as prescribed by the Authority including withdrawal of recognition.

2.13.3    Obligation of Offender

A person shall not be relieved from the duty of carrying out the requirements or obligations imposed on him or her by virtue of the provisions of this Code even if such person is convicted for an offence under the provisions of this section.

2.13.4    Conviction No Bar to Further Prosecution

If a person is convicted under the provisions of this Code for failing to comply with any of its requirements or obligations such conviction shall not act as a bar for further prosecution for any subsequent failure on the part of such person to comply.

2.14 POWER TO MAKE RULES

The Authority may make rules for carrying out the provisions and intentions of this Code. Such rules shall not contradict nor nullify any of the provisions of this Code. The Authority may fix and refix from time to time application fees for issuance of permits for all works under the provisions of this Code.


Chapter 3

PERMIT AND INSPECTIONS

3.1 PERMITS

No building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished without obtaining permit for each such work from the Building official.

Exceptions:

The following works are exempted from the requirement of a permit unless they do not otherwise violate the provisions of this Code, for the said work or any other adjacent property, regarding general building requirements, structural stability and fire safety requirements of this Code:

a)    Opening or closing of a window or a door or a ventilator;

b)    Providing internal doors;

c)    Providing partitions;

d)    Providing false ceiling;

e)    Gardening;

f)    Painting;

g)    Plastering and patch work;

h)    Re-flooring;

i)    Construction of sunshades on one's own land;

j)    Re-erection of portion of buildings damaged by earthquake or cyclone or other natural calamities, to the extent and specification as existed prior to such damage; and

k)    Solid boundary walls less than 1.5 m and open boundary wall less than 2.75 m in height.

3.2 TYPES OF PERMIT

Building permit shall comprise of the following 4(four) stages:

a)    Land use certificate

b)    Large and specialized    project permit.

c)    Building permit

d)    Occupancy certificate.

Permit of all or any of the above may be necessary for a particular area/city/town/municipality. Requirement in this regard shall be incorporated in the building construction byelaws/ rules/regulations valid for that particular area/city/town/municipality.

3.2.1 Validity of Permits from the Date of Issuance

a)    Land use certificate    24    months

b)    Lange and specialized    project permit    24 months

c)    Building permit    36    months

Part 2

Administration and Enforcement

(unless construction upto plinth level is done)

d) Occupation certificate    Perpetual

(unless any change in use and physical properties.)

3.2.2 Permits Obtained Prior to Adoption of Code

If permit for a building or structure or a work regulated by this Code is obtained before adoption of this Code and the building or structure or work for which the permit is obtained is not completed within three years from the date of issuance of such permit, the said permit shall be deemed to have lapsed and fresh permit shall be necessary to proceed further with the work in accordance with the provisions of this Code.

3.3 CONSTITUTION OF BUILDING PERMIT COMMITTEES

3.3.1    As per the provisions laid out in the Building Construction Act the government may constitute various committees to examine and scrutinize applications mentioned in Clause 3.2 above and approve or refuse permits thereby.

3.3.2    Each committee will have specific Terms of Reference and Work Procedure.

3.4 APPLICATION FOR PERMIT

3.4.1    Any person who intends to undertake any work on a building or structure or land regulated by this Code shall file application in writing on the prescribed form furnished by the Building official for that purpose.

3.4.2    Application for permit for any work under the provisions of this Code shall be accompanied by necessary documents, drawings, certificates, clearances and other relevant information as required by the Building Official for that particular city/ town/municipality/ jurisdiction area etc.

3.4.3    The drawings shall have any of the sizes specified in the following table:

Notation (ISO Standard)

Size (mm)

AO

841x1189

A1

594 x 841

A2

420 x 594

A3

297x420

A4

210x297

3.4.4 Operation and Maintenance of Utility Services

The government may undertake works for operation, maintenance, development or execution of any of the following utility services without requiring obtaining permit from the Building official.

a)    Railways

b)    National Highways

c)    National Waterways

d)    National Gas grid

e)    National Power grid

f)    Major Ports

g)    Airways and Aerodromes

h)    Telecommunications

i)    Electronic Broadcasting Services

j)    Any other services which the Government may, by notification, declare to be a service

for the purpose of this section if the Government is of the opinion that the operation, maintenance, development or execution of such service is essential to the community. Buildings constructed in connection with these services shall conform with the specifications of this

Code.

3.5 DISPOSAL OF APPLICATION

3.5.1 Subject to the submission of correct and complete application for the permits included in section 3.2.1 above, should be disposed by the Building Official within the time limit as below:

Type of Permit

Maximum type allowed for disposal (approval or refusal of the Building official)

a.

Land use certificate

15 days

b

Large and Specialized Project permit

45 days

c.

Building permit

45 days

d.

Occupancy certificate

15 days

3.5.2    The Building Official shall notify the applicant according to above table as the case may be either approval or refusal of the permit for any work. If the Building Official does not notify the applicant of such approval or refusal within this specified period, the application shall be deemed to have been approved provided the fact is brought to the notice of the Building Official. Such approval shall not be interpreted 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, bylaws or ordinance operating on the site of the work or any of the provisions of this Code.

3.5.3    Refusal of permit shall be accompanied with reason and the Building Official shall quote the relevant sections of this Code which the application/drawings/submissions contravene. The applicant may correct or remove such reasons and reapply for permit with any fee if applicable. The Building Official shall scrutinize the re-submitted application and if there be no further objection it shall be approved and permit issued.

3.6 PREPARATION AND SIGNING OF DRAWINGS

3.6.1    All drawings submitted for approval shall be prepared and signed by relevant technical personnel's specified in this Code, which shall be considered as equivalent to certifying that the drawing on which the signature appears conforms to all the requirements of this Code. Technical personnel shall put his or her signature with date on the title box of the drawing along with his name, address, professional society membership number and any other information required by the concerned Building Official.

3.6.2    The drawings shall also contain the signature, name and address of the owner.

3.6.3    Subject to the classification and use of buildings, all drawings for approval and execution shall be prepared by the technical personnel specified in the following table corresponding to relevant work.

Height of Floor area Building    Qualification and    Job-wise list of authorized

building (Sq.Meter)    type    Competence of    Technical Personnel

(Floors)    Technical person

Up to 5 up to 1000m2    A    Member/Associate

Storey    Member/Candidate Member

of relevant professional body and enlisted to perform design and related works.

(1) Land Survey: Civil Engineer, Diploma Civil Engineer or Certified Surveyor.

(2) Soil Test report: Geological/Civil Engineer or Qualified Person / Firm in Soil Testing

(3)Architectural Design:

Architect/Civil Engineer/5-year experienced Diploma Architect

(4)Structural Design:

Civil or Structural Engineer

(5) Plumbing and Sanitary Design: Plumbing Engineer/Qualified Architect or Engineer

(6)Mechanical (HVAC/Vertical Transportation)Design:

Mechanical Engineer

(7) Electrical Design:

Electrical Engineer

(8)Construction Supervision:

Construction Supervisor, Architect and

Engineer

(9) Completion Report:

Architect / Engineer in charge

Any

up to 7500m2

A, B, C, FI,

Member of relevant

(1) Land Survey: Civil Engineer,

Height

F2, G and H

professional body and

Diploma Civil Engineer or Certified

enlisted to perform design

Surveyor.

and related works    (2) Soil Test report: Geological/Civil

Engineer or Qualified Person / Firm in Soil Testing

(3)Architectural Design: Architect

(4)Structural Design:

Civil or Structural Engineer

(5) Plumbing and Sanitary Design:

Plumbing Engineer/Qualified Architect or Engineer

(6)Mechanical (HVAC/Vertical T ra nsportat ion) Design: Mechanical Engineer

(7) Electrical Design:

Electrical Engineer

(8)Construction Supervision: Construction Supervisor, Architect and Engineer

(9) Completion Report:

Architect / Engineer in charge

(1) Land Survey: Civil Engineer, Diploma Civil Engineer or Certified Surveyor.

(2) Soil Test report: Geological/Civil Engineer or Qualified Person / Firm in

Any Height Building of Any All Types Member/Fellow of relevant Size    professional body+8-years

work experience and enlisted to perform design and related works

Soil Testing

(3)Architectural Design: Architect

(4)Structural Design:

Civil or Structural Engineer

(5) Plumbing and Sanitary Design:

Plumbing Engineer/Qualified Architect or Engineer

(6)Mechanical (HVAC/Vertical Transportation)Design:

Mechanical Engineer

(7) Electrical Design:

Electrical Engineer

(8)Construction Supervision:

Construction Supervisor, Architect and Engineer

(9) Completion Report:

Architect / Engineer in charge

3.7    FEES

All applications shall be accompanied by fees as specified by the authority from time to time without which the application shall be deemed to be incomplete.

3.8    RESPONSIBILITIES AND DUTIES OF THE OWNER

3.8.1    General

The owner of a building or structure regulated by the provisions of this Code shall be responsible for carrying out the work in conformity with the provisions of this Code. Granting of permission for any work or approval of plans or inspection by the Building Official or any of the deputies shall not relieve the owner from such responsibility.

3.8.2    Employment of Technical Personnel

Design, execution and supervision work of any building shall be carried out by authorized technical personnel as out lined in this Code. Owner shall take the services of as many professionals as required according to type and size of the work.

3.8.3    Right of Entry

The owner shall allow the Building Officials to enter the site for the purpose of enforcing the Code as required by the provision of Sec 2.2.4 and for the purpose of inspection as provided in Section 3.10 below.

3.8.4    Permits from Other Agencies

The owner shall obtain permit as may be applicable from other concerned agencies relating to building, zoning, grades, sewers, water mains, plumbing, signs, blasting, street occupancy, gas, electricity, highways and all other permits required in connection with the proposed work.

3.8.5    Information on Progressive Work

The owner shall inform the Building Official about attainment of construction work of different stages as required by the Building Official in prescribed form.

3.8.6    Safety Measures

The owner shall take proper safety measures in and around the construction site.

3.8.7 Notice of Completion

The owner shall notify the Building Official of the completion of the work for which permit was granted in prescribed form. The work shall not be accepted as complete without such certification from the Building Official.

3.8.8 Documents at Site

The owner shall preserve at the site a copy of all permits issued and all drawings approved by the Building Official. Results of tests carried out for determination of conformity of the work with the provisions of this Code shall also be preserved and made available for inspection during execution of the work.

3.9 RESPONSIBILITIES AND DUTIES OF TECHNICAL PERSONNEL

3.9.1    To qualify as Architect, Engineer, Supervisor of any building works one should have membership of the respective professional body in the country. They should have permission to perform design and related works to be granted by the professional institute.

3.9.2    All technical professionals are bound to design, execute and supervise any building which is subjected to approval granted under this Code.

3.9.3    Any lapses on the part of the technical personnel in delivering just and correctness shall call for punitive actions against him/her in the proper forum.

3.10    INSPECTION

All works relating to a building or structure regulated by the provisions of this Code for which permits are required shall be subject to inspection by the Building Official. Modalities and frequency of such inspections shall conform to the requirements put forward by the approving authority.

3.11    UNSAFE BUILDINGS

3.11.1    General

All buildings considered to constitute danger to public safety or property shall be declared unsafe and shall be repaired or demolished as directed by the Building Official.

3.11.2    Examination

The Building Official shall examine or cause examination of every building reported to pose threat to safety or be damaged by wear and tear or accident and shall make a written record of such examination.

3.11.3    Notification

If a building is found to be unsafe the Building Official shall notify the owner of the building and specify the defects thereof. The notice shall require the owner within a stated time either to complete the required repair or improvement or demolish and remove the building or portion thereof.

3.11.4    Disregard of Notice

In case the owner fails, neglects or refuses to carry out the repair or improvement of the unsafe building or portion thereof as specified in the notice, the Building Official shall cause the danger to be removed either by demolition or repair of the building or portion thereof or otherwise, the cost of which shall be borne by the owner.

3.11.5 Cases of Emergency

If the Building Official considers that an unsafe building or structure constitute imminent danger to human life or health or public property, the Building Official shall at once or with a notice as may be possible promptly

cause such building or structure or portion thereof to be rendered safe or removed. In such cases the decision of the Building Official shall be final and binding and he or any of his assigned deputies may at once enter such structure or land on which it stands or the abutting land or structure, with such assistance from and at such cost to the owner as may be deemed necessary. The Building Official may also get the adjacent structures vacated and protect the public by an appropriate fence or such other means as may be necessary.

3.12 DEMOLITION OF BUILDINGS

If a building or structure is to be demolished, the owner shall notify all agencies providing utility services to the building. Such agencies shall remove all their appurtenances and equipment and dismantle all service connections to ensure a safe condition. The Building Official shall not grant any permit for demolition of a building until a release is obtained from the utility services stating that all service connections have been removed in the proper manner.

3.13 VALIDITY OF THIS CODE

3.13.1    Partial Invalidity

In case any provision of this Code is held to be illegal or void, this shall have no effect on the validity of any other provision of the Code nor on the same provision in different cases nor on the Code as a whole, and they shall remain effective.

3.13.2    Invalidity of Existing Buildings

If any provision of this Code is held to be illegal or void by the Authority as applied to an existing building or structure, validity of that provision or any other provision of the Code in its application to buildings hereafter erected shall not be affected.

3.14 ARCHITECTURAL AND ENVIRONMENTAL CONTROL

3.14.1    Besides enforcing the provisions of this Code for normal buildings and structures, the Building Official shall, for special structures such as those listed in Section 3.14.2 below, also examine the aesthetics and environmental issues vis-a-vis the existing structures and the characteristics of the area, and exercise architectural and environmental control in accordance with the provisions of this section.

3.14.2    Special structures for which architectural and environmental control shall be exerted by the Building Official shall include:

a)    major public building complexes

b)    buildings in the vicinity of monuments and major sculptures

c)    buildings and structures near existing structures identified to be architecturally valuable.

d)    buildings and structures near historic buildings or in a area of historical or archaeological significance.

e)    buildings near any structures that represents the special characteristics of an area

f)    any proposed building or structure that represents the special characteristics or forms part of a larger master plan of an area, and

g)    any development that may have an effect on or mar the environment or characteristics of an area.

3.14.3 The Authority shall, for the purpose of exercising the architectural and environmental control and for identifying existing structures having architectural value, appoint a standing committee comprising noted experts from the fields of Architecture, Archeology, Planning, History, Art, Literature, Engineering or any other discipline which may be deemed relevant. The committee shall examine the aesthetic quality of the proposed building, structure or development and the effect it may have on the characteristics and environment of the area in order to ensure aesthetic continuance of the new structure with the existing ones and aesthetic blending of the new structure with the surroundings. The committee may require additional drawings and information for a detailed study of the proposed work. The committee for the purpose of arriving at their decision, may at their discretion depending on the magnitude of the project and impact it may have on public life, hear the architect of the proposed work who may wish to explain the various features of the project, note comments of other experts in the relevant disciplines, or in exceptional circumstances, institute a public hearing to assess public reaction to the project.

3.14.4    The committee may approve the proposed work, recommend changes in the scheme, or disapprove the scheme, for reasons of aesthetics and environmental control.

3.14.5    The Building Official shall not issue permit for undertaking the proposed work until obtaining a report from the standing committee stating that the intended work is acceptable in respect of its effect on the environment, landscape, architectural characteristics, historical feature or any other aesthetical quality of the locality, area or landscape concerned.

3.15 MAKING IMPLEMENTATION PROCEDURES

Detailed byelaws and implementation procedure to enforce the provisions of this Code shall be prepared and published by the relevant authorities.

Related Appendices

APPENDIX A Form for Application of Land Use/Development/Building Permit APPENDIX B Form for Certificate of Supervision

APPENDIX C Form for Sanction or Refusal of Land Use/Development/Building Permit APPENDIX D Form for Appeal against Refusal of any Permit

APPENDIX E    Form for Completion Certificate

APPENDIX F    Form for Occupancy Certificate

2-16 Vol. 1

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