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State of Kerala - Section

Section 34 in The Kerala Panchayat Buildings Rules, 2011

34. Occupancy of buildings.

(1)The Occupancy of any building or part thereof shall be governed by the usage of plots proposed for development or redevelopment according to the provisions contained in the development plan or detailed town planning scheme prepared for the area.
(2)[ All buildings whether existing or herein after proposed, shall be classified, in one of the following occupancies, according to the use or character of occupancy, namely:-
Non-residential occupancies Residential
Group A1 Residential
Group A2 Lodging Houses
Group B Educational
Group C Medical/Hospital
Group D Assembly
Group E Office/Business.
Group F Mercantile (Commercial)
Group G1 Low and Medium Hazard Industrial
Group G2 High Hazard industrial
Group H Storage
Group I Hazardous
Notes: -
(i)Any building not specifically covered by any of the occupancies under sub-rule (2) shall be in the group, which most nearly resembles its existing or proposed use.
(ii)Minor occupancy incidental to operations in another type of occupancy shall be considered as part of the main occupancy and shall be classified under the relevant group for the main occupancy.
(iii)Any building which accommodates more than one use under sub- rule (2) shall be included under the most restrictive group.
(iv)The classification of buildings into occupancy groups are only for the purpose of these rules. The ‘Occupancy group’ is not synonymous with the use zones mentioned in the zoning regulations stipulated in Town Planning Schemes.]
(3)The description of occupancies are given below, namely:-.
(a)Group A1 - Residential Building shall include any building in which sleeping accommodation is provided for normal residential purposes, with or without either cooking, and dining facilities. They shall include one or multifamily dwellings, apartment buildings or residential flats. Small professional offices or spaces for advocates, doctors, engineers, architects, chartered accountants, beauticians, tailors, photographers, videographers, telephone booth operators, computer professionals, typists electrical or electronic equipment service professionals, not exceeding 50 sq: metres floor area and used as part of principal residential occupancy are also included in this group.
(b)Group A2 - Lodging Houses shall include all lodging or rooming houses, seminaries/convents, orphanage, dormitories, tourist homes, tourist resorts (or by whatever name called), hostels, hotels with or without conference halls, dining halls or assembly rooms. Crèches, daycare centres, children's nurseries, reading rooms, libraries and educational buildings not exceeding 150 sq. metres of floor area are also included in this group.
(c)Group B. - Educational building shall include all educational buildings or part thereof, exceeding 150 sq. metres of floor area, used for school ,college, institutions, education and /or research.
(d)Group C - Medical or Hospital Building shall include any building or part thereof, exceeding 150 sq. metres of floor area which is used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants, convalescents or aged persons. Hospitals, sanatoria, clinics, homes for the aged and the infirm, convalescent homes, mental hospitals etc, are included in this group.
(e)Group D - Assembly building shall include any building or part of a building exceeding 150 sq. metres of floor area where people congregate or gather for amusement, recreation, social, religious, patriotic, political, civil, travel and similar purposes such as theatres, motion picture houses or cinemas, assembly halls for educational, dramatic or theatrical presentations, auditoriums, wedding halls, community halls, exhibition halls, art galleries, museums, libraries, skating rings, gymnasiums, congregation, dance halls, club rooms, passenger stations or transport terminals, recreation piers, amusement park structures, viewing stands, grand stands, stadia and circus tents.
(f)Group E - Office or Business building shall include any building or part of a building having a total floor area of more than 300 sq: metres which is used for transaction of public or private business or for accommodating offices of public or private agencies or for keeping of records, accounts and similar purposes. Local, State and Central Government offices, buildings for office purposes constructed by private sector and quasi government agencies and buildings for the use of defense purposes, court houses, public utility buildings, [***] [Omitted 'slaughter houses' by Notification No. S.R.O. No. 26/2014, dated 10.1.2014 (w.e.f. 14.2.2011).], jails and prisons are included in this group. All Information Technology Buildings are also included in this group. Further, in the case of Government Owned Information Technology Parks, Government Approved Private Information Technology Parks and Government Approved Private Information Technology Buildings; all buildings or part of buildings intended for providing ancillary or support services, amenities and utilities such as offices, residences, social amenities, recreational facilities, commercial establishments etc shall also fall under this occupancy group.
(g)Group F - Mercantile or Commercial building shall include any building or part thereof which is used for display and sale of merchandise such as shops, stores, markets etc., either wholesale or retail. Banking and financial institutions, private business houses and professional establishments of doctors, dentists, engineers, architects, lawyers, pathological laboratories, tailor shops, video shops, barbershop, beauty parlours, news stands, milk booths, restaurants and non nuisance type of small establishments like armature winding shops using power motor or machine of capacity not exceeding 3 horse power are included in this group. Further, buildings or part of building used exclusively for parking of vehicles (parking buildings, parking plazas etc) are also included in this group.
Note. - (1) Any building with not more than 150 sq. metres built up area accommodating the use under Group C and D and with not more than 300 sq. metres built up area accommodating the use under Group E, and H shall be included in Group F.
(h)[ Group G1 - Low and medium hazard industrial building shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled, manufactured or processed and the contents are of such comparative low combustibility and the industrial processes or operations conducted therein are- [Substituted by Notification No. S.R.O. No. 26/2014, dated 10.1.2014 (w.e.f. 14.2.2011).]
(1)of such a nature that there are hardly any possibilities for any self propagating fire to occur; or
(2)liable to give rise to a fire which will burn with moderate rapidity or result in other hazardous situation and may give off a considerable volume of smoke, but from which neither toxic fumes nor explosions arc to be feared in the event of fire.Note. - Building under Group G1—Low and medium hazard industrial, shall generally, include Engineering workshops, Automobile service station, Automobile wash stalls, Electroplating works, Service garage with repairing facilities, Poultry farms with more than 20 birds, livestock farms with more than 6 animals, furniture making units, Cashew factories, Fish processing units, Coir factories, Water treatment/Filtration plants and Water pump houses, Clock and watch manufacturing units, Bakeries and biscuit factories, confectionaries, Food processing units, Electric lamps (incandescent and fluorescent) and T.V. tube manufacturing units, Dry cleaning, dyeing and laundry units, Flour mills, Manure and fertilizer works (blending, mixing and granulating only) units, Oxygen plants, Plastic goods manufacturing and PVG Pipe Manufacturing units through injection/extrusion moulding, Printing press, Rubber goods manufacturing units, manufacture of synthetic leather, Spray painting , units, and Textile mills; [***] total floor area.]
(i)[ Group G2 - High hazard industrial buildings shall include any building or part of a building or structure involving hazardous processes covered under the industries specified in the First Schedule to the Factories Act, 1948 (Central Act 63 of 1948) and such other industries as are added to the said Schedule from time to time.] [Substituted by Notification No. G.O.(P) No. 81/2017/LSGD, dated 31.10.2017 (w.e.f. 14.2.2011).]
Note. - Small scale industrial unit means an industrial unit carrying on small scale industry classified as such by Government from time to time for this purpose but does not include an industry included in schedule I of the Factories Act 1948.
(j)Group H - Storage building shall include any building or part thereof used primarily for the storage or sheltering (including servicing, processing or repairing incidental to storage) of goods, wares or merchandise (except those involving highly combustible or explosive products or materials), vehicles and the like. Warehouses, freight depots, transit sheds, storehouses, garages, hangars, grain elevators, barns and silos are included in this group. Minor storage incidental to other occupancies shall be treated as part of the predominant occupancy.
[***] [Omitted '(k) Group I (1)- Hazardous building shall include any building or part of a building which is used for purposes which create air and sound pollution of minor nature and /or producing effluents which does not cause very adverse environmental effects. Automobile wash stall, automobile service stations, service garages with repairing facilities, welding work shops are included in this group. Poultry farms with more than 20 hens or ducks, diary with more than 6 cattle, kennel with more than 6 dogs are also included in this group.' by Notification No. S.R.O. No. 26/2014, dated 10.1.2014 (w.e.f. 14.2.2011).]
(l)[ Group I Hazardous building shall include any building or part of a building which is used for the storage, handling, manufacturing or processing of highly combustible or explosive materials or products which arc liable to burn with extreme rapidity and or which may produce poisonous fumes or explosions for storage, handling, manufacturing or processing which involve highly corrosive, toxic or noxious alkalis, acids or other liquids or chemicals producing flame, fumes and explosive, poisonous, irritant or corrosive gases; and for the storage, handling or processing of any material producing explosive mixtures of dust which result in the division of matter into fine particles subject to spontaneous ignition. [Substituted by Notification No. S.R.O. No. 26/2014, dated 10.1.2014 (w.e.f. 14.2.2011).]
Any process or activity, where raw materials used therein or wastes or effluents there of would result in the pollution of the general environment are also included under this group.Buildings under Group I—Hazardous occupancy shall generally include buildings and yards used for storage under pressure of more than 1kg/cm2 and in quantities exceeding 70m3 of acetylene, hydrogen, ammonia, chlorine, phosgene, sulphur dioxide, carbon monoxide, methyl oxide and all gases subject to explosion, fumes or toxic hazard; Godowns or warehouses (combustible/hazardous goods), storage and handling of hazardous and highly inflammable liquids, oil terminals/depots and bulk storage of flammable liquids, crematoria, burial grounds, vaults, garbage dumping yards, abattoirs (slaughter houses), sewage treatment plants except domestic treatment plants, stone crusher units, automobile fuel filling stations, coal, wood and timber yards, saw mills.] [Substituted by Notification No. S.R.O. No. 26/2014, dated 10.1.2014 (w.e.f. 14.2.2011).]