14.1 All unsafe building shall be considered to constitute a danger to public safety and shall be restored by repairs or demolished or dealt with as otherwise directed by the RMC.
14.2 Examination of unsafe building
The RMC shall examine or cause to be examined every building reported to be unsafe or damaged and shall make a written record of such examination.
14.3 Notice to owner/occupier
Whenever the RMC 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.
14.3.1. The RMC may direct in writing that the building which in its opinion is dangerous, or has no provision for exit if caught fire, shall be vacated or improved or altered to make it safe and free from danger immediately or within the period specified for the purpose; and the RMC shall keep a record of the reasons for such action.
If any person does not comply with the orders of vacating a building, the RMC may direct the police to remove the person from the building and the police shall comply with the orders.
14.4. Disregard of Notice
In case the owner or occupier fails, neglects or refuses to comply with the notice to repair or demolish the said building or portion thereof, the RMC shall cause the danger to be removed whether by demolition or repair of the building or portion thereof otherwise the cost of such demolition or repair in addition to the imposition of suitable penalty from the owner of said building.
14.5 Cases of emergency
In case of emergency, which in the opinion of the
RMC involves imminent danger to human life or health, the decision of the RMC shall be final. The RMC 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 RMC may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost of as may be deemed necessary. The RMC may also get the adjacent structures vacated and protect the public by an appropriate fence or such other means as may be necessary.
15. DEMOLITION, VIOLATIONS AND PENALTIES.
15.1 Officers Not liable for Damage.
Any official of the RMC 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 official duties and under the provisions of the act of the RMC shall be defended by the legal representative of the RMC till the final termination of the proceedings. In no case shall the official or any of his subordinate employees liable for costs in any action, sit on proceeding that may be instituted in pursuance of the provisions of the act.
15.2 Any person who contravenes any of the provisions of the Bye-Laws or any requirements of obligations imposed on him by virtual of the Bye-Laws or the act or who interferes with or obstructs any person in the discharge of his duties, shall be guilty of an offence and the RMC shall impose penalty in addition to prosecuting him as per the provisions of the Act
16. Architectural control:
For the building coming up in the important areas or fronting on major roads or streets or in the case of important monumental building or in the proximity of buildings of historical importance the building schemes may be cleared from the architectural/ aesthetic point of view. The RMC shall have powers to ask the applicant to improve the scheme, if lacking, and bring the same to desired level of excellence and also to frame suitable rules, if needed, for ensuring the same.
l7.1 The provisions of the Bye-laws are not intended to prevent the use of any materials or method of design or construction.
17.2 The RMC may approve all such alternative provided it is found that the proposed alternative is satisfactory and conforms to provisions of BIS and to the provision of relevant parts regarding materials, design, and construction and that materials, method of work offered is, for the purpose intended, at least equivalent to that prescribed in the Byelaws in quality, strength, compatibility, effectiveness fire and water resistance durability and safety.
17.3. Tests :
Whenever there is insufficient evidence of compliance with the provisions of the Bye-laws that any material or method or design or construction does not conform to the requirements of the Byelaws or in order to substantiate claims for alternative materials, design or methods of construction, the RMC may require test reports sufficiently in advance as proof of compliance. These tests shall be made by an approved agency at the expense of the owner.
17.3.1. Test methods shall be as specified by the BIS or Bye-laws for the materials or design or construction in question. If there are no appropriate test methods specified in the Byelaws, the RMC shall determine the test procedure. For methods of test for building materials, reference may be made to relevant Indian Standards as given in the National Building Code of India published by the Bureau of Indian Standards. The latest edition of the National Building Code of India shall be taken into account at the time of enforcement of these Bye-laws
17.3.2. Copies of the results of all such tests shall be retained by the RMC for a period of two years after the acceptance of the alternative material.
17.4.Any matter not specifically prescribed and defined by the Bye-laws shall be referred to National Building code of India provided it is brought to the notice of the RMC in writing and the RMC permits the use accordingly prior to implementation of the same.
17.5. Wherever practical difficulties / betterment is involved in carrying out any provision of the Bye-laws, the authorised officer of the RMC may, vary or modify such provisions on the application of the owner or his representative provided the spirit and intent of the Bye laws is not offended and it shall be observed that public welfare and safety is not risked and reasoning thereof shall officially be recorded.
17.6 The following shall be mandatory for the development of all Commercial and multi dwelling units including apartments (as defined in the Jharkhand Apartments Act 2005.)
17.6.1.a. Land left for road widening should be in level of the existing road level. (matching level of the existing pavement of the street)
b. All drainage inside the plot should be covered and under ground.
c. All service pipe, water tanks etc. in elevation should be concealed.
d. Lighting poles with lights within the boundary wall facing towards the road One lighting poles with minimum height of 6 mtr. at every 15mtr. or fraction thereof of the length of the front boundary wall shall be provided with 150W of S.W. lamp, facing towards the road for street lighting and should also be connected to the Generator.
e. Plantation – Number and type of plantation with the boundary along the road One tree of suitable variety should be planted at every 6 m or fraction thereof of the length of the front boundary.
f. Water harvesting system for recharge well
(Design will be provided by the applicant in consultation with the Water Resources Department Govt. of Jharkhand .
g. Solid waste disposal bins of suitable size inside the plot.
h. Lifts, pumps, external lighting shall be connected to pollution free noiseless Generator.
i. Minimum of 3 amp./flat to be provided from pollution free noiseless Generator
j. Lift shall be mandatory for above G+3 as provided in clause 25.
17.6.2.a. All electrical power generators shall be noiseless & pollution free.
(b) Recycling of waste water shall be made mandatory for any building consuming more than 12000 liter/day. or having 24 flats or more whichever is lower
(c) Services Ducts shall not be counted in the coverage of building.
17.6.3. The following structure shall be exempted from F.A.R. value for the commercial complexed and multidwelling units.
(a) One Guard room maximum 10 sqm. buitup area on the ground floor
(b) One common toilet of maximum 4 sqm area on ground floor