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State of Bihar - Section

Section 328 in The Bihar Municipal Act, 2007

328. Power of the State Government to make Building Rules and to classify municipal areas for the purpose of application of building rules.

(1)The State Government shall prepare a Code to be called the Municipal Building Code containing rules providing for-
(a)the regulation or restriction of the use of sites for buildings,
(b)the regulation or restriction of buildings, and
(c)compliance with the provisions of any law relating to urban land ceiling or urban land use planning.
(2)Without prejudice to the generality of the foregoing power, such Code may provide for all or any of the following matters:-
(a)information and plans to be submitted together with application under any of the provisions of this chapter,
(b)requirements of sites,
(c)means of access,
(d)development of land into land sub-division and layout,
(e)land use classification and uses,
(f)open space, area and height limitations,
(g)parking spaces,
(h)requirements of parts of building plinth, habitable room, kitchen, pantry, bathroom, water closet, loft, ledge, mezzanine floor, store-room, garage, roof, basement, chimney, lighting and ventilation of room, parapet, wells, septic tanks, and boundary wall,
(i)provision of lifts,
(j)exit requirements including doorways, corridors, passageways, staircase, ramps and lobbies,
(k)fire protection requirements including materials and designs for interior decoration,
(l)special requirements of occupancies for residential building, educational building, institutional building, assembly building, business building, mercantile building, industrial building, storage building and hazardous building (including those for assembly, movement, parking, loading, unloading, public conveniences, water- supply and vendors' plazas), (m) structural design,
(n)quality of materials and workmanship,
(o)alternative materials, methods of design, construction and tests,
(p)building services including electric supply and such supply from non-conventional sources of energy, air-conditioning or heating, and telecommunication systems,
(q)water-supply, water harvesting, and plumbing services,
(r)signs and outdoor display structures,
(s)special requirements for building in the hill areas,
(t)special requirements of access for handicapped persons in respect of matters referred to in chapter XXII, chapter XXIII, chapter XXIV, and chapter XXV,
(u)protection against natural disasters including earthquakes and cyclones and technological disasters, and
(v)any other matter considered necessary in relation to building activities.
(3)The State Government may, by notification, exempt any municipal area or any group of municipal areas as classified under Section 7 from the operation of all or any of the provisions of this chapter or the rules made under this Section.
(4)While such exemption under sub-section (3) remains in force in any municipal area or group of municipal areas, the State Government may make Rules consistent with the provisions of this chapter for application to such municipal area or group of municipal areas.C. Municipal Building Tribunal