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Building a New Techno-Legal Regime for Safer India Building Materials & Technology Promotion Council Ministry of Urban Employment & Poverty Alleviation, Government of India Ministry of Home Affairs National Disaster Management Division Government of India

Building a New Techno-Legal Regime for Safer India a...Shri T.N.Gupta – Member Former Executive Director, Building Materials & Technology Promotion Council (BMTPC), New Delhi Dr.Ravi

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Page 1: Building a New Techno-Legal Regime for Safer India a...Shri T.N.Gupta – Member Former Executive Director, Building Materials & Technology Promotion Council (BMTPC), New Delhi Dr.Ravi

Building a New Techno-Legal Regimefor Safer India

Building Materials & Technology Promotion CouncilMinistry of Urban Employment & Poverty Alleviation,Government of India

Ministry of Home AffairsNational Disaster Management DivisionGovernment of India

Page 2: Building a New Techno-Legal Regime for Safer India a...Shri T.N.Gupta – Member Former Executive Director, Building Materials & Technology Promotion Council (BMTPC), New Delhi Dr.Ravi

CONTENT

1. Introduction 4

2. The Territory of India 5

3. Legal Support for Planned Development/Growth of Urban and Rural Areas 6

4. Authorities for Controlling Development 7

5. Central Legislation/Guidelines 7

6. State Level Legislation 9

7. Legislative support at the Local/Municipal/Panchayat Level 9

8. Initiative taken to strengthenlegislative framework for safetyagainst natural hazard 9

9. Model Town and Country PlanningLegislation, Zoning Regulations,Development Control, BuildingRegulations/Bye-laws - SalientFeatures 10

10. Capacity Building 15

11. Implementation of the Recommendation 15

Prepared on the basis of recommendations ofthe Expert Committee constituted by Ministryof Home Affairs to Develop Model BuildingBye-laws and the Review of City, Town andCountry Planning Act and Zoning Regulations.

DisclaimerThe information compiled in this briefdocument may not be complete. Anyinformation left out is not deliberate.

Constitution of the Expert Committee for Development ofModel Building Bye-laws for Seismic Zones III, IV & V andthe Review of City, Town and Country Planning Act andZoning Regulations.

Dr.A.S.Arya – ChairmanNational Seismic Advisor, Ministry of Home Affairs

Shri T.N.Gupta – MemberFormer Executive Director, Building Materials & TechnologyPromotion Council (BMTPC), New Delhi

Dr.Ravi Sinha – MemberIndian Institute of Technology Mumbai

Prof. V.K.Mathur – MemberHead, Central Buildings Research Institute, Roorkee

Prof. S.C.Gupta – MemberTechno-Legal Expert and fomerly Addl. Commissioner, DelhiDevelopment Authority

Shri D.S.Meshram – MemberPresidentInstitute of Town Planners, India

Shri M.M.Mewada – MemberChief Town Planner, Gujarat State, Gandhinagar

Shri Subir Saha – MemberProfessorSchool of Planning & Architecture, New Delhi

Shri Mahendra Raj – MemberManaging DirectorMahendra Raj Consultants Pvt. Ltd., New Delhi

Shri J.K.Prasad – Member (Rapporteur)Chief (Building Materials)BMTPC, New Delhi

Shri I.J.S.Sidhu – Co-opted MemberChief (Project Monitoring & Training)BMTPC, New Delhi

Prof. D.K.Paul – Member ConvenerProfessorDeptt. of Earthquake EngineeringIndian Institute of Technology Roorkee

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PREFACE

Recent past earthquakes (Uttarkashi 1991, Latur 1993 and Bhuj 2001) haveclearly exposed the vulnerability of our building stock, which caused widespread damage resulting in loss of lives and property. This is mainly due tofaulty design and construction practices which do not follow earthquakeresistant features specified in Indian Standards and Building Codes.

To create an appropriate Techno-legal regime in the country and effectiveenforcement mechanism, the Ministry of Home Affairs, Government of Indiaconstituted an Expert Committee to develop Model Building Bye-laws andReview the existing Town and Country Planning Acts and develop ControlZoning Regulations/Building Bye-laws.

The Committee has submitted its final Report which contains detailedrecommendations for modifications in existing Town and Country PlanningAct, putting Landuse Zoning Regulation in place, and additions toDevelopment Control Rules and Bye-laws. The Ministry of Home Affairs,has recommended the same to the State Governments and Union TerritoryAdministrations for early adoption.

Recent Tsunami waves on East Coast have further strengthened the needto have proper land use zoning regulations and safer construction in coastalregion.

A series of Workshops have been planned in all States and Union Territoriesto disseminate the recommendations of the Expert Committee and furtherfollow up action for amending the legal framework including DevelopmentControl Regulations and Bye-laws for Safety against Natural Hazards. Withall these actions and better enforcement there is road ahead for saferdevelopment and construction.

This publication provide the synopsis of the major recommendations givenby the Expert Committee.

M.N.MathurExecutive Director

BMTPC

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1 INTRODUCTION

India is a large country and has had morethan its share of major natural hazards likedrought, floods, earthquakes and cyclonesthroughout its history of civilization. Naturally,the country developed its own practices andstrategies for coping with the various naturalcalamities. Since independence in 1947, Indiahas developed a nationwide relief administrationwhere a lead role of the State governments isenvisaged. The ten year period of theInternational Decade for Natural DisasterReduction (IDNDR), therefore, came as a goodopportunity for the country to look back at whathad been done in the past, take new initiativesduring the Decade, and plan ahead for reducingthe impact of the natural hazards on its people,settlements and economic developments.

The Super Cyclone in Orissa in October 1999,Bhuj Earthquake in Gujarat in January 2001, andnow the devastating Tsunami in East Coast andseries of Earthquakes in Andaman & NicobarIsland on December 26, 2004, underscored theneed to adopt a multi dimensional endeavorinvolving diverse scientific, engineering, financialand social processes, the need to adopt multidisciplinary and multi sectoral approach andincorporation of risk reduction in thedevelopmental plans and strategy.

There has been a paradigm shift in the approachto disaster management in the country. The newapproach proceeds from the conviction thatdevelopment can not be sustainable unlessdisaster mitigation is built into the developmentprocess. The new policy also emanates from thebelief that investment in mitigation are muchmore cost effective than expenditure on reliefand rehabilitation.

Building a New Techno-LegalRegime for Safer India

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Disaster management occupies an importantplace in the country’s policy framework as it isthe poor and the under-privileged who are worstaffected on account of calamities/disasters.

The approach has been translated into aNational Disaster framework coveringinstitutional mechanism, disaster preventionstrategy, early warning systems, disastermitigation preparedness and response includinghuman resource development.

Disaster prevention is defined to encompassactivities designed to provide permanentprotection from disasters; which will includeengineering and other physical protectivemeasures, and also legislative measurescontrolling land use and urban planning.

The goals of prevention is (a) to ensure that allnew buildings are designed and constructed withproper engineering intervention taking due carefor safety against natural hazards in urban aswell as in rural areas so that no unsafe buildingsare added to the huge existing stock of unsafebuildings; (b) to ensure upgrading the safety ofbuildings in the public sector by retrofittingtechniques and encourage similar actionregarding buildings in the private sector.

National standards/codes on disaster resistantstructures including the National Building Codeof the country are second to none in technicalcontents. However, to make their use mandatory,proper enabling provisions are required in thelegal framework of the country.

Laws pertaining to planning, development andbuilding construction are very important toachieve planned and safe development in urbanand rural areas. Building standards/regulationsare derived from various laws pertaining toplanning and development of different states.They provide the mandatory techno-legalframework for regulating building activity fromplanning, design to completion of construction.

To make the techno-legal regime in the countrysound enough to ensure safe construction, a

road map has already been drawn by theGovernment. This includes modification in theexisting laws, development control rules, bye-laws.

The first step in this road map is preparation ofModel Town and Country Planning Legislation,Zoning Regulations, Development Control,Building Regulations/Bye-laws. Actioninteractive with State Government throughWorkshops and further follow up action includingcapacity building exercise are the subsequentsteps for ensuring adequate and effectivetechno-legal regime in the country.

2 THE TERRITORY OF INDIA

India covers an area of 32,87,263 sq.kmextending from snow covered Himalayan heightsin the North to the tropical rain forests of theSouth. In the North, the territory is bounded bythe Great Himalayas and stretches southwardstapering off into the Indian ocean between theBay of Bengal and the Arabian Sea. The mainland extends between latitudes 8º4’ and 37º6’North and longitudes 68º7’ and 97º25’ East,measuring about 3200 km from North to Southand West to East. This vast land frontier of15,200 km and coastline of 7,500 km also hasgroups of islands located both in the Bay ofBengal and the Arabian Sea. Hardly any other

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country has such a large land mass with such adiverse range of geo-agro-climatic zones.

The main land of India comprises of four regions,namely, the Great Mountain Zone, Plains of theIndus, Ganges and the Brahmaputra; the DesertRegion, and the Southern Peninsula. TheHimalayan range comprises three almostparallel ranges interspersed with large plateausand valleys. The mountain wall extends over adistance of 2,400 km with a varying width of 240to 320 km. The plains about 2,400 km long, areformed by basins of three distinct river systems,viz., the Indus, the Ganges and theBrahmaputra. The desert region is clearlydelineated in two parts - the Great Desertrunning beyond Rann of Kutch to Rajasthan -Sindh Frontier while the little desert extendsbetween Jaisalmer and Jodhpur upto Punjab.The desert region is inhabited by localcommunities which have developed their owncoping and recovery mechanisms. Between thetwo deserts is a zone of absolutely sterile region,consisting of rocky land cut up by limestoneridges.

According to 2001 census, India has apopulation of 1,027million (27.8% in urban and72.2% in rural area) with 249.1 million housingunits. 177.5 million in rural and 71.6 million inurban area. To protect such a large populationwith low levels of education from the fury ofnatural hazards is not an easy task. However,local initiatives and the government’s effortscombined over the years, have tried to reducerisks and build community capacity to deal withemergencies.

The country is a Union of 29 States and 6 UnionTerritories. The Union Territories are subject tothe direct rule-making powers of the NationalParliament and the administrative control of theUnion Government. The States have electedLegislatures and Governments, which are fullyautonomous in relation to the sphere of activitiesentrusted to them under the Constitution. TheStates are further divided into AdministrativeUnits called Districts totalling to 693 in the

country. By convention, relief and disastermanagement are State subjects, the UnionGovernments acting as facilitator. Now under the73rd and 74th constitutional amendments, theVillage Panchayat (rural local body) and theNagarpalika (urban local body) have the powersto initiate preparedness, mitigation, recovery andrehabilitation initiatives. Thus India has adecentralised administrative framework for localand community based initiatives.

3 LEGAL SUPPORT FOR PLANNEDDEVELOPMENT/GROWTH OF URBAN ANDRURAL AREAS

Building Regulations/Bye-laws provide themandatory techno-legal framework for regulatingbuilding activity from planning, design tocompletion of construction.

Mainly such laws are State Legislations as theState is competent to legislate and make lawson such subjects. However, where the CentralGovernment is to legislate on such subjects andwhere Parliament is to make law in this behalfsuch legislations are applicable in the UnionTerritories and in the State such as Delhi, whereland use are reserved subjects with CentralGovernment. One such Central legislation isDelhi Development Act, 1957.

For other States, such Central laws are advisoryand recommendatory in nature. Taking thislegislation as Model, other State Governmentsformulate the rules and regulations with the helpof local bodies, under the various legislations.After the approval, the concerned local bodiesenforce these rules and regulations pertainingto development and building standards asbuilding regulations/building bye-laws in theirrespective areas.

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4 AUTHORITIES FOR CONTROLLINGDEVELOPMENT

To regulate the growth of urban areas, theState Governments notify areas for plannedgrowth under certain laws. These are notifiedunder relevant Planning and Development Act.

State Governments formulate the rules andregulations with the help of the local bodies,under the various legislation. After the approval,the concerned local bodies enforce these rulesand regulations pertaining to development andbuilding standards as building regulation/buildingbye-laws in their respective areas.

5 CENTRAL LEGISLATION/GUIDELINES

5.1 Model Town and Country Planning Act,1960

The Town and Country Planning Organization(TCPO), which is an organisation of Centralgovernment to deal with the subject of planning(regional, urban and rural) and developmentalpolicies, formulated a Model Town and CountryPlanning Act in the year 1960. The Model Actprovides as follows:

a. Provisions for preparation of comprehensiveMaster Plan for urban areas of various states.The states may adopt the Model legislationwith suitable modifications for this purpose.

b. To constitute a Board to advise and tocoordinate in the matter of planning and planformulation by the Local Planning Authoritiesin the State.

c. Provisions for implementation andenforcement of the Master Plans and themiscellaneous provisions to achieve plannedurban growth of various urban areas in thestate.

The above model was revised in 1985. Therevised Model Regional and Town Planning andDevelopment Law has largely been the basis

for the enactment of comprehensive urban andregional planning legislation in the States andUTs. This model is in the nature of a guidelineand is the outcome of several reviews andrevisions undertaken on the recommendationsof the State Ministers Conference held from timeto time. The legality of this model has beenconfirmed by the Ministry of Law.

With a view to ensuring better overseeing andcoordination of planning with planimplementation, the Model Law which dealt withthe planning aspect only has been reviewed andrevised and now a combined planning anddevelopment law has been formulated inconsultation with the concerned CentralGovernment Ministries. Under this law, planningand plan implementation have been combinedtogether so that a single agency could undertakeboth these functions. To do this, the planningand development authority to be constitutedunder the Law has been equipped with fullplanning and development powers to dischargethis task.

A revised model for Urban & Regional Planningand Development law was brought out, andguidelines on Urban Development PlanFormulation and Implementation (UDPFI) havebeen formulated in 1991.

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5.2 Vulnerability Atlas of India, 1997

Under the initiative of the Ministry of UrbanDevelopment, a Vulnerability Atlas of India wasprepared during the period 1994-1997 in whichthe earthquake, cyclone and flood hazard mapsfor every State and Union Territory of India havebeen prepared to a scale of 1:2.5 million. In thesemaps the boundaries of the districts are clearlyshown so that the areas of the districts prone tothe various intensities of the hazards are clearlyvisible. Also the vulnerability of the buildings, asper the Census of Housing 1991, has beenbrought out in tabular form in one sheet for eachDistrict. This information clearly highlights therisk to the buildings of various types in everyDistrict when subjected to the different intensitiesof the three hazards. As an extension, State-wise Vulnerability Atlases also have beenprepared including an Action Plan that the Statemay adopt for achieving disaster reduction.

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Knowing the extent of the problem of futuredisasters, the Atlas serves as an useful tool forthe authorities in formulating development plansfor (a) preventive actions like hazard resistantconstruction, retrofitting and upgrading ofexisting buildings, (b) mitigating the intensity andextent of the disaster, (c) warning systeminstallation and drills for its use, (d) instituting ahierarchical structure for preparedness down tothe settlement level, (e) training of manpower invarious tasks in the emergency, (f)implementation of land zoning regulations inflood plains and coastal regions, and buildingbyelaws with disaster resistant features invarious towns and cities, etc.

5.3 National Building Code

National Building Code prepared by theBureau of Indian Standards in 1970 andsubsequent revisions are advisory in nature andnot mandatory.

The various provisions in the Code are framedby a panel of experts keeping other standardsin view. It lays down a set of minimum provisionsdesigned to protect the safety of the public withregard to structural sufficiency, fire hazards andhealth aspects in buildings. So long these basicrequirements are made, the choice of materials,method of design and construction is left to theingenuity of the architect and the engineers andother experts engaged in such projects. Thecode also covers aspects of administrativerequirements and bye-laws including buildingservices.

6 STATE LEVEL LEGISLATION

The planning and development are mainly theState subjects and therefore, the developmentin the States is based on the legislative supportas applicable in that State.

The legislative support in the state is applicableto formulate Master Plans, Zonal Plan,Development Plans and Development Schemesand for their implementation and enforcement.

7 LEGISLATIVE SUPPORT AT THE LOCAL/MUNICIPAL/PANCHAYAT LEVEL

At the local level, the Municipal Authoritiesand Panchayat regulate the development/construction of buildings through the buildingregulation/building bye-laws as followed in theirrespective areas.

The State Government from time to time issuesdirections/guidelines for safety against naturalhazards, which are followed by local bodieswhile granting permission for construction ofbuildings/structures.

8 INITIATIVE TAKEN TO STRENGTHENLEGISLATIVE FRAMEWORK FOR SAFETYAGAINST NATURAL HAZARDS

The State Governments have based theirlegislation, regulation and bye-laws on theguidelines issued by Central Government.

Post disaster studies of some of the devastatingearthquakes like Uttarkashi Earthquake (M-6.6)in October 1991, Killari earthquake (M-6.3) 1993,Chamoli Earthquake (M-6.8) in March 1999 andKutchch Earthquake (M-6.9) in January 2001showed the need for planning and engineeringintervention in development plan, design andconstruction of buildings to make them strongenough to withstand the impact of naturalhazards and to impose restrictions on landuseso that the exposure of the society to the hazardsituation is avoided or minimized. Due to lack ofadequate or no landuse restrictions in the hazardprone areas in the town and country planninglaws, Master Plan rules or bye-laws, cities tendto expand in all directions, occupying even mostvulnerable areas resulting in vulnerability of moreand more areas getting threatened by naturalhazards. Realizing this an urgent need was feltfor establishing a proper techno-legal regimethrough appropriate provisions for safety againstnatural hazards.

The Expert Committee constituted by theMinistry of Home Affairs studied the existing

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guidelines, Acts, Regulations, DevelopmentControl Rules and Bye-laws and prepared aModel Building Regulations to enable the Statesin Seismic Zones III, IV and V (based onM.M.Intensities VII, VIII and IX or morerespectively) to adopt them for safety againstnatural hazards.

9 MODEL TOWN AND COUNTRY PLANNINGLEGISLATION, ZONING REGULATIONS,DEVELOPMENT CONTROL, BUILDINGREGULATIONS/BYE-LAWS - SALIENTFEATURES

9.1 Recommendations for Amendment inModel Town & Country Planning Act, 1960and Model Regional & Town Planning andDevelopment Law, 1985

These cover the following aspects:• Addition of definition of Natural Hazard,

Natural Hazard Prone Areas, Natural Disasterand Mitigation

• To keep in view natural hazard proneness inpreparation of Development Plans by LocalPlanning Authorities

• Due consideration to follow the Regulationspertaining to Land Use Zoning and necessaryprotection measures in perspective and

Development Plan of State, district and localplanning areas

• Existing map(s) to indicate hazard provisionsof the area

9.2 Regulations for Land Use Zoning forNatural Hazard Prone Areas

The regulations for land use zoning for naturalhazard prone areas are notified under Town andCountry Planning Act as applicable in therespective States as and when Master Plan/Development Plan of different cities/towns/areasare formulated. These zoning regulations areimplemented through the provisions ofDevelopment Control Regulation/Building Bye-laws, wherever the Master Plan are not inexistence or not formulated.

Classification of urban land use is based on thesequences of various plans as shown below:Perspective Plan - Policy documentDevelopment Plan - Comprehensive

plan indicatinguse of eachparcel of land

Layout of Projects - For detailedlayout of projects/schemes

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The main purpose of the land use zoning is toprovide regulations for development of aparticular area to serve the desired purposeefficiently and to preserve its character. It alsoprovides for the kind of buildings to beconstructed. Zoning regulations are legal toolsfor guiding the use of land and protection ofpublic health, welfare and safety. Suchregulations also include provision for the use ofpremises/property and limitations upon shape,size and type of buildings that are constructedor occupy the land. These provide bothhorizontal as well as vertical use of land andalso improve the quality of life in urban areas.

A detailed guideline for land use zoning has beenprepared with an objective to regulate land usein hazard prone areas to minimise the damagecaused to the habitat, as a result of naturalhazards viz. earthquakes, cyclonic storms,landslides and floods which reoccur from timeto time.

This includes:• Definition of natural hazard, natural hazard

prone areas, natural disaster, mitigation• Identification of natural hazard prone areas

with respect to earthquakes, cyclones, floodsand landslides

• Specific recommendations for land usezoning for earthquake, landslide, cyclone andflood prone areas

• Protection measures of buildings of essentialservices and installations from naturalhazards in hazard prone areas

• Prioritization of types of buildings for land usezoning:Priority 1: Defence installation, industries,public utilities, life line structures likehospitals, electricity installations, watersupply, telephone exchange, aerodromes andrailway stations; commercial centres,libraries, other buildings or installations withcontents of high economic value.Priority 2: Public and Semi Public institutions,Government offices, and residential areas.Priority 3: Parks, play grounds, wood lands,gardens, green belts, and recreational areas.

• Regulation for land use zoning shall be anover riding effect on any other regulation.

• For any relaxation, adoption of safe guard andprotective measures to the satisfaction of theCompetent Authority will be incumbent on thepart of user.

• Additional provisions with regard to land usezoning for natural hazard areas aresuggested in Model Planning Legislation.

State Governments have been advised tosuitably incorporate the modification in theirrespective Planning Legislation (s), so thatregulation for land use zoning for natural hazardprone areas may be notified by the CompetentAuthority under the above legal provision.

9.3 Additional provisions in DevelopmentControl Regulations/Bye-laws for Safety inNatural Hazard Prone Areas

9.3.1 Development Control Regulations andBye-laws

To regulate development within theframework of a development plan regulation,known as development promotion regulationprescribed as a part of the development plan.The basic purpose of such regulations is topromote quality of life of people by organizingthe most appropriate development of land inaccordance with the developmental policies andthe land use proposals contained therein.

• Registration preferred - Registration,qualification and duties of professionaldefined.

• In order to bring professionalism in alldevelopment and construction work, speciallywith respect to safety against natural hazards,registration of the following professionalshave been recommended mandatoryrequirement.– Structural engineer - qualification and

experience defined on the basis of typesand importance of structures

– Engineers– Construction Engineer (RCE)

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Engineer on Record regarding the mandatoryapplication of all structural safety regulationsincluding safety from natural hazards in bothdesign and construction of the buildings.

• Adequate protection clause for land liable toliquefaction, storm surge and landslide.

• For adequate record and checkingcompulsory submission of detailed workingdrawing/structural drawing alongwith soilinvestigation report before thecommencement of the work.

• For Structural Design details of variousNational Standards/Codes relating tostructural safety from natural hazards aslisted below have been included for guidanceof the professionals to design the structures/buildings, keeping in view the provision ofsuch codes against different hazards.

9.3.2 Structural Design Basis Report

To ensure the compliance of various codes,Structural Engineer on Record is required tosubmit Structural Design Basis Report inprescribed proforma for applicable type of

– Construction Management Agency –owner shall be a RCE

– Quality Auditor– Architect– Geotechnical Agency– Town Planner– Developer

• The owner/developer shall appoint theprofessionals from the registeredprofessionals and will submit a list ofprofessionals on Record with the applicationfor development permission to the CompetentAuthority.

• Indication of designation and registrationnumber of each professional on every plan,document prepared by him/her madecompulsory.

• Structural engineer on Record and Architecton Record shall be responsible for adheringto the provision of the relevant and prevailingIndian Standards.

• Procedure for securing DevelopmentPermission requires certificate of undertakingin the prescribed form by the Owner,Developer, Structural Engineer on Recordand Architect on Record and Construction

Indian Standards/Codes relating to Structural Safety from Natural Hazards

For General Structural Safety1. IS: 456:2000 “Code of Practice for Plain and Reinforced Concrete (Fourth Revision)2. IS: 800-1984 “Code of Practice for General Construction in Steel (Second Revision)3. IS: 801-1975 “Code of Practice for Use of Cold Formal Light Gauge Steel Structural Members in General

Building Construction (Second Revision)4. IS 875 ( Part 2):1987Design loads ( other than earthquake ) for buildings and structures Part2 Imposed

Loads (Second Revision)5. IS 875 ( Part 3):1987Design loads ( other than earthquake ) for buildings and structures Part 3

Wind Loads (Second Revision)6. IS 875 ( Part 4):1987Design loads ( other than earthquake ) for buildings and structures Part 4 Snow Loads

(Second Revision)7. IS 875 ( Part 5):1987Design loads ( other than earthquake ) for buildings and structures Part 5

special loads and load combination (Second Revision)8. IS: 883:1966 “Code of Practice for Design of Structural Timber in Building (Fourth Revision)9. IS: 1904:1987 “Code of Practice for Structural Safety of Buildings: Foundation” (Third Revision)10. IS1905:1987 “Code of Practice for Structural Safety of Buildings: Masonry Walls (Third Revision)11. IS 2911 (Part 1): Section 1: 1979 “Code of Practice for Design and Construction of Pile Foundation (First

Revision)Part 1: Section 2 Based Cast-in-situ PilesPart 1: Section 3 Driven Precast Concrete PilesPart 1: Section 4 Based precast Concrete PilesPart 2: Timber PilesPart 3: Under Reamed PilesPart 4: Load Test on Piles

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structure. Design Basis Report format for LoadBearing Buildings, Reinforced concrete framedbuilding and structural steel, interalia, includeessential elements of design required for safetyagainst hazard.

In compliance of the design with the aboveIndian Standard, the Structural Engineer onRecord will submit a Structural Design BasisReport in the prescribed Proforma covering theessential safety requirements specified in theStandard.

(i) The “Structural Design Basis Report (SDBR)”consists of four partsPart-1 - General Information/ DataPart-2 - Load Bearing Masonry BuildingsPart-3 – Reinforced Concrete BuildingsPart-4 - Steel Buildings

(ii) Drawings and Documents to be submittedfor approval of appropriate authorities shallinclude SDBR as detailed below:Part - 1 CompletedPart - 2 (if applicable) – completed

Part -3 (if applicable) – undertaking thatcompleted Part 3 will be submitted beforecommencement of construction.Part– 4 (if applicable) – undertaking thatcompleted Part 4 will be submitted beforecommencement of construction.

(iii) SDBR as detailed below shall be submittedto the appropriate authority as soon as designof foundation is completed, but not later thanone month prior to commencement ofconstruction.Part-1 CompletedPart-2, Part-3 or Part-4 (if applicable) Completed

9.3.3 Seismic Strengthening of ExistingBuilding

Prior to seismic strengthening/ retrofitting ofany existing structure, evaluation of the existingstructure as regards structural vulnerability in thespecified wind/ seismic hazard zone shall becarried out by a Registered Structural Engineer(RSE) / Registered Structural Design Agency(RSDA). If as per the evaluation of the RSE/RSDA the seismic resistance is assessed to be

For Cyclone/Wind Storm Protection12. IS 875 (3)-1987 “Code of Practice for Design Loads (other than Earthquake) for Buildings and Structures,

Part 3, Wind Loads” (Second Revision)13 IS 15498 Guidelines for improving the Cyclonic Resistance of Low rise houses and other buildings (Under

Print)

For Earthquake Protection14 IS: 1893-2002 “Criteria for Earthquake Resistant Design of Structures (Fifth Revision)”15 IS:4326-1993 “Earthquake Resistant Design and Construction of Buildings - Code of Practice (Second

Revision)”16 IS:13828-1993 “Improving Earthquake Resistance of Low Strength Masonry Buildings - Guidelines”17 IS:13827-1993 “Improving Earthquake Resistance of Earthen Buildings - Guidelines”,18 IS:13920-1993 “Ductile Detailing of Reinforced Concrete Structures subjected to Seismic Forces - Code of

Practice”19 IS:13935-1993 “Repair and Seismic Strengthening of Buildings - Guidelines”

For Protection of Landslide Hazard20 IS 14458 (Part 1): 1998 Guidelines for retaining wall for hill area: Part 1 Selection of type of wall.21 IS 14458 (Part 2): 1997 Guidelines for retaining wall for hill area: Part 2 Design of retaining/breast walls22 IS 14458 (Part 3): 1998 Guidelines for retaining wall for hill area: Part 3 Construction of dry stone walls23 IS 14496 (Part 2): 1998 Guidelines for preparation of landslide – Hazard zonation maps in mountainous

terrains: Part 2 Macro-zonation

Note: Whenever an Indian Standard including those referred in the National Building Code or the NationalBuilding Code is referred, the latest revision of the same shall be followed except specific criteria, if any,mentioned above against that code.

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less than the specified minimum seismicresistance in the note below, action will beinitiated to carry out the upgrading of theseismic resistance of the building as perapplicable standard guidelines.

9.3.4 Review of Structural Design

Provision for proof checking of design by aSenior Structural Engineer selected from theStructural Design Review Panel registered withthe Authority has also been introduced.

9.3.5 Supervision

All construction except load bearingbuildings upto 3 storeys shall be carried outunder supervision of Construction Engineer orConstruction Management Agency on Record.

9.3.6 Quality Control and Inspection

To ensure proper quality, it is recommendedthat all the construction for high rise buildingshigher than seven storeyes, public buildings

and special structures shall be carried out underquality inspection programme prepared andimplemented under Quality Auditor on Recordor Quality Auditor Agency on Record in seismiczone IV and V.

9.3.7 Control of Signs (hoardings) andOutdoor Display Structure and Paging Towerand Telephone Tower and Outdoor DisplayStructures

Adequate provisions have been made forsafety of above structures.

9.3.8 Inspection

Generally all development work for whichpermission is required shall be subject toinspection by Competent Authority as deemedfit.

The applicant shall keep a board at site ofdevelopment mentioning the survey No, citysurvey No, Block No, Final Plot No., Sub plotNo., etc. with names of owner, the Architect, the

PROOF CHECKING REQUIREMENTS FOR STRUCTURAL DESIGN

SR NO TYPE OF STRUCTURE SUBMISSION FROM SER or SDAR TO BE PROOF-CHECKED01 LOAD BEARING SDBR* NOT TO BE CHECKED

BUILDINGS UPTO3 STOREYS

02 BUILDINGS UPTO SEVEN SDBR TO BE CHECKEDSTOREYS(R.C.C /STEEL PRELIMINARY DESIGN TO BE CHECKEDFRAMED STRUCTURE)

03 BUILDINGS GREATER SDBR TO BE CHECKEDTHAN SEVEN STOREYS PRELIMINARY DESIGN TO BE CHECKED(R.C.C /STEEL FRAMED DETAILED STRUCTURAL DESIGN ANDSTRUCTURE) STRUCTURAL DRAWINGS TO BE CHECKED

04 PUBLIC BUILDINGS(A) LOAD BEARING SDBR NOT TO BE CHECKEDBUILDINGS UPTO 3STOREYS(B) R.C.C/STEEL SDBR TO BE CHECKEDSTRUCTURES PRELIMINARY DESIGN TO BE CHECKED

DETAILED STRUCTURAL DESIGN ANDSTRUCTURAL DRAWINGS TO BE CHECKED

05 SPECIAL STRUCTURES SDBR TO BE CHECKEDPRELIMINARY DESIGN TO BE CHECKEDDETAILED STRUCTURAL DESIGN ANDSTRUCTURAL DRAWINGS TO BE CHECKED

* SDBR – Structural Design Basis ReportNotes:· Public building means assembly of large number of people including schools, hospitals, courts etc.· Special structure means large span structures such as stadium, assembly halls, or tall structures such as water tanks, TV

tower, chimney, etc.

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Page 15: Building a New Techno-Legal Regime for Safer India a...Shri T.N.Gupta – Member Former Executive Director, Building Materials & Technology Promotion Council (BMTPC), New Delhi Dr.Ravi

Structural Engineer, the Construction Engineeras Recorded with the Cometent Authority for theproject.

Progress certificate to be submitted by owner/developer/builder at plinth, first storey, middlestorey in case of high rise building and last storeystage.

Submission of Completion Report in prescribedformat. No Completion Report shall be acceptedunless completion plan is approved by theCompetent Authority.

Occupancy certificate to be issued only afterensuring all essential information from the ownerand architect/engineer on Record.

9.3.9 Maintenance of Building

Adequate provisions have been made forsafety of buildings older than fifty years. It shallbe duty of the owner of a building, to get hisbuilding inspected by a Registered StructuralEngineer. The structural Inspection report shallbe produced by the owner to the AppropriateAuthority. Within five years, action as required,will have to be taken to rectify/strengthen asrecommended in the report.

9.3.10 Protective measures in Natural HazardProne Areas

Guidelines for protective measures forbuildings and installation which can not beavoided in natural hazard prone areas under theland use zoning introduced.

10 CAPACITY BUILDING

Elaborate planning has been made forcapacity building of architects/engineers to dealwith the design and construction of safestructures.

Training programme for engineers andarchitects are being organized to impartknowledge about seismically safe construction

and implementation of codal provisions. So far1088 engineers and 825 architects have beentrained.

11 IMPLEMENTATION OF THERECOMMENDATION

A series of workshops in all the States andUnion Territories have been planned so as todissemination the recommendation of the ModelTechno-legal Regime so as to help them toactually modify their Acts/Development ControlRules/Bye-laws, as applicable.

It is hoped that all these efforts should lead toBuilding a New Techno-Legal Regime for a saferIndia against the natural hazards.

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