441. Power of State Government to make building code and to classify municipal areas for the purpose of application of building code.
(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, staircases, ramps and lobbies,(k)fire protection requirements,(l)materials and designs for interior decoration,(m)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),(n)structural design,(o)quality of materials and workmanship,(p)alternative materials, methods of design, construction and tests,(q)building services including electric supply and such supply from nonconventional sources of energy, air-conditioning or heating, and telecommunication systems,(r)water-supply, water harvesting, and plumbing services,(s)rain water harvesting,(t)recycle and reuse of waste water,(u)signs and outdoor display structures,(v)special requirements for building in the hill areas,(w)special requirements of access for handicapped persons,(x)protection against natural disasters including earthquakes and cyclones and technological disasters, and(y)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 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.(5)In case of, acquisition of land for Public Welfare Schemes such as Roads, Drains, Parks and Community buildings etc. Tradable Development Right (TDR) certificate and extra FAR may be provided to the effected persons by the ULB after obtaining the permission of the State Government.Municipal Building Tribunal
