BNBC Part02 PDF

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Part 2 ADMINISTRATION AND €NFORCEMENT Chapter i Purpose and Scope Chapter 2 Organization and Enforcement Chapter 3 Permits and Inspections Appendices TABLE OF CONTENTS PART2___ ADMINISTRATION AND ENFORCEMENT. Chapter 1 Purpose and Scope 11 PURPOSE 24 12 SCOPE 24 13. TERMINOLOGY 2 14 APPLICABILITY 22 14.1 Construction 22 142 Removal 22 143° Demolition 22 144 Alteration 22 145 Maintenance 22 146 Repair 22 147 Land Development 22 1.5 ALTERNATIVE PROVISIONS 23 15.1 Approval 23 152 Modifications 23 Chapter 2 Organization and Enforcement 2 CODEENFORCEMENT AGENCY 25 24.1 Building Official 25 2.1.2 Merging the Jurisdictions under Small Local Bodies 25 213 Organization 25 214 Qualification of the Building Official 25 2.8 Restrictions on the Building Official 25 216 Damage Suit 26 22 — POWERS AND DUTIES OF THE BUILDING OFFICIAL 26 221 General 26 222 Deputies 26 223 Recognition of Professional Services 26 224 Application and Permits 26 225 Building Notices and Orders 26 22.6 Right of Entry 26 227 Inspection 26 228 Orders to Stop Work 27 229 — ccupancy Violation 27 22.10 Maintenance of Records 27 2211 — Expert Opinion az 23 BOARDOF APPEALS 27 24 REQUIREMENT OF CERTIFICATION OF WORK a 2 25 LIMITS OF PROFESSIONAL CONDUCT 26 VIOLATION AND PENALTIES 261 General 26.2 Height Control near Aerodromes 263 Professional Violation 264 Obligation of Offender 2.65 Conwiction No Bar to Further Prosecution, 27 POWER TOMAKE RULES Chapter 3 Permits and Inspections 3 PERMITS 3.1 Requirement of Permit 31.2 Permits Obtained Prior to Adoption of Code 32 APPLICATION FOR PERMIT 321 Application 322 Operation and Maintenance of Utility Services 323 Information Accompanying the Application 324 Preparation and Signing of Plans 325 Notice for Land Adjoining Government or Corporate Bodies Formed Under the Statute 326 Fees 327 Duration of Permit 3.28 Deviation from Approved Plan 329 Cancellation of Permit 3210 — Granting or Refusal of Permit 33 RESPONSIBILITIES AND DUTIES OF THE OWNER, 331 General 332 Rightof Entry 333 Permit from Other Agencies 334 Notice of Completion 335 Documents at Site 34 INSPECTION 35 UNSAFE BUILDINGS 351 General 352 Examination 353 Notification 354 Disregard of Notice 355 Cases of Emergency 356 Cost Involvement 36 DEMOLITION OF BUILDINGS 37 VALIDITY OF THE PROVISIONS OF THIS CODE, 371 Partial Invalidity 372 Invalidity on Existing Buildings 38 ARCHITECTURAL AND ENVIRONMENTAL CONTROL, 28 28 28 28 28 28 28 Appendices Appendix A Form for First Application to Develop, Erect, Demolish or to Make Alteration in any Part of the Building Appendix B Form for Certificate of Supervision Appendix Form for Sanction or Refusal of Development/ Building Permit AppendixD Form for Completion Certificate 219 220 221 ii CHAPTER Purpose and Scope a 12 13 PURPOSE ‘The purpose of this partis to specify the provisions for administration and enforcement of the Code. SCOPE This part of the Code sets forth the administrative procedure for enforcement of the provisions thereof. The applfeabiity of the Code, provision for designating a Building Official, powers and dues of such Bulling icial, obligations and labilities of engineers, architects or planners, provisions against violation of the Code and procedure for obtaining building permits are specified in this patt. ‘TERMINOLOGY This section provides an alphabetical list ofthe terms used in and applicable to this part of the Code. In case of any conflict or contradiction between a definition given in this section and that in Part 1, the meaning Specified in this section shall govern for interpretation Of the provisions of this part. ALTERATION : Any change, addition or modification in construction such as structural, dimensional, or any removal of any par ofa bilding or any change too losing of any required means of ingres or eres Or & change to the fixtures or equipment or any change in occupancy or use. APPLICANT : A person, a firm, a company, a corporation, or a government, semi-government or non- ‘government agency who intends to undertake any work regulated by this Code and who has filed an Application to the Building Official for this purpose in a form prescribed in the Code, APPROVED PLAN: The set of plans, designs and specification of a building submitted tothe Authority as provision ofthis Code and duly approved and sanctioned bythe Authoriy™ one AUTHORIZED OFFICER : An officer appointed by the Government by notification in the Official Gazette to exercise in any area the functions of an Authorized Officer, jon and Enforcement Part 2 Administration and Enforcement 14 141 142 143 144 145 146 147 BUILDER : A persona firm, a company, a corporation o a government, sem-government or non-govemment nc) who undertake construction of any wo coglaad by the Code, Over of bulding or acture a onnetion to which the work is undertaken shall not be considered asa Builder CONSTRUCT, TO : To construct a new building or reconstruct an existing building or to convert building SoS 10 eas Se eenie enn eee ete eee or OS ce ee enna rape er ree es Se a aaa ERECT, TO : See CONSTRUCT, TO. OWNER (OF A BUILDING) : The person, organization or agency at whose expenses the building is ‘constructed and who has the legal right over the land on which itis constructed or one who has the right 10 transfer the same and includes his or her heirs, assignees and legal representatives, and a mortgagee in possession. PERMIT : A written document or certificate issued by the Authority for carrying out a specific activity under the provisions of this Code. " Sas = UNSAFE BUILDING : A building which, in the opinion of the Building Official, is structurally unsafe, or insanitary, or lacks proper means of ingress or egress, or which constitutes a hazard to life or property. APPLICABILITY ‘The requirements of this Code shall be complied within any construction, addition, alteration or repair, use and occupancy, location, maintenance, demolition and removal of a building or structure or any appurtenances connected or attached to i as set forth herein below. Construction For construction of a new building, the provisions of this Code shall apply to its design and construction. Removal For removal of any portion or the whole ofa building, the provisions of this Code shall apply to all parts of the building whether semoved or not. ak ae Demolition For dismanting or demolition of any par or the whole ofa building the provisions ofthis Code shall apply tony remalaing portion and tothe work hwalved in the dismantling or demolition process. a Airelizedon ofa bulging the 3 this Code shall apply to the whele building whether. nev If the portion of the balding to which the alteration is made is completly self contained with respec 0 the facilities and safety measures required by this Code, the provisions ofthis Code shall apply only to that portion and not to the whole building, Maintenance Maintenance work shall be undertaken forall new and existing buildings and all parts thereof to continue their compliance withthe provisions of this Code, Al devices, equipment and safegtiards installed as per the requirements of this Code shall be maintained in conformity with the edition of the Code under which indlalled. The owner ofthe building or his designated agent shall at all times be responsible for the safe and Sanitary maintenance of the building or structure, is'means of egress facilities and the safety devices, equipment and services installed thefcin. The Building Offical mey cause reingpection of a building t Getermine i continued compliance with this section, Repair Arpiiction or notice to the Author administering the Code is not neentary for endiry repairs fo buuldings or structures, provided such repairs donot sivolve the cuting away of aay wall or portion thereof, the removal or euting of any structural of bearing element, the removal or alteration of any required means of egress, or the rearrangement of any parts oF a stricture affecting the access and exit failiies, All works iAvolving addition to, alteration ox'change of use of any bullding or structure shall conform to the requirements set forth in Part 9 ofthis Code Land Development For developmeént of land for construction of a building, the provision of this Code shall apply tothe entire jevelopment wo 22 Chapter 1 Purpose and Scope 15 ALTERNATIVE PROVISIONS 15.1 Approval ‘The provisions of this Code are not intended to prevent the use of any material or method of construction not spetically prescribe herein provided such alternative material or method has been approved and is se authorized by the Bullding Offic such hein ay be apoved by he Baling Of pod he ding fal Goda as ne een ene ee ee ce tea eet ae ee ee Se ee ee eae Whenever any such alternative is proposed, the Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The Building Official shall Fecord the details of any action granting approval of any such alternative. Whenever any new material or method of construction not specified in this Code, and for which sufficient evidence of compliance with the provisions of this Code is not available, is proposed to be used, the Building, Official may require tests to be carried out as a proof of compliance with the provisions of this Code at the expense of the owner ofa building or structure for which such alternate is proposed. ‘Tests shall be carried out as specified in this Code or by other recognized test standards. If for any test there is no provision in this Code or there is no recognized and accepted test method, the Building Official shall determine the test procedure. “Tests shall be performed by an approved agency and the eports thereof shall be retained by the Build Oficial forthe period requited For the retention of pbc records 2 oe 15.2 Modifications Mosiiations may be granted for individual eases by the Building Official, with the approval ofthe Authority, when there are practical difficulties in carrying out the provisions of this Code provided that 1) There isa special individual reason found in the opinion of the Building Official that makes strict adherence # this Code impractical 1) ‘The modifications do not lesen any fire protection requirements or any degree of structural integrity iii) ‘The modifications are in conformity with the intent and purpose of this Code. The Building Official shall record any action regarding granting of such modifications for future reference of the Code enforcing agency ae ee Bangladesh National Building Code 23 Part 2 Administration and Enforcement This page is intentionally left blank. 24 CHAPTER Organization and Enforcement 24 (CODE ENFORCEMENT AGENCY ~ The Government shall establish a new or designate an existing agency responsible for enforcement of this Code witha given area of jurtdicion’ forthe puspone of adauninfering and enforcing the provisions of this Gace the co enforcing ageny aba have the sutfory ofthe government and sal herein be referred 033 Auto Building Off ‘The administrative and operational chief ofthe code enforcing agency shall be designated as the Building Offical who shall act on behalf of the Authority. The Building: Ofcial may designate an employee oF employees who shall carry out the specified duty and exercise the specified power ofthe Building Oficial Merging the Jusaditios under Small Local Hodis Small lotal bodies like powrashavas and thanas located outside the larger city municipalities and having insufficient fonds for invidually carrying out the task ofa code enforcing agency may jointly appoint oF designate, with the approval of the autheaty, a Building Official who shall have a juredicton Over the combined area of jurisalction ofthe concerned local bodies. Organization ThE Balding Offical shall appoint such number of offices, technical atin, inepetor and other Employees at shall be requted for propes administration ofthe Code and as authorized by the Authonty Qualification of the Building Offical ‘The person to be designated s the Building Oficial shall be atleast an engineer, architect or planner in addition to fullling any other requirement ofthe Authonty. The employees ofthe Building Offical shal be adequately qualified to cary out the esporsiblties assigned to them oy the Building Offical. Jee Balding Odtsal or aay hs etpoyees shall directly or indirectly, be 3c Building Oficial ox any of his employees shall not in any way, directly or indirectly, be enga planning, design, contruction, repair, maintenance, modification of iteration ofa building, certfeation oF tny work or materials supply of materials labour, équipment or appliances or anyother work regulated by the provisions ofthis Code. The Building Offical or any’of fis employees shall not be interested in busines, Part 2 25 ‘Administration and Enforcement Part 2 Administration and Enforcement 22 221 222 223 224 225 22.6 2a cither directly or indirectly, as planner, engineer, architect, builder or supplier or in any other private business trardaction or activity within the ursdicion of the Authority which conflicts with his Binet duties oF with the interest of the code enforcing agency. Damage Suit In the process of discharging the oficial duties as required and permitted by the Code, the Build : any of his employees shall not be personaly lable for nay damage that may be caused to ane pore ce Proper Ay id gaia the Buding Oficial or any of hs inloyee Dae of en act pertrmed by mt in the oficial discharge of his duties and under te provisions ofthe Code shal be defected by the let sepceenaive of the Auth ul the inal dacson ofthe procecing. In no case shal th Bulle ical or any of his able for costs in any legal action, suit, offence. proceeding thats filed in pursuance of the provsions ofthe Codes Rea ae e eee POWERS AND DUTIES OF THE BUILDING OFFICIAL, ee Sea ce cml bd acorns assaf pt Cas ots wee eK Pra ae anne eee eee as ete OAs Ae reece eee epee ae aie at rae ay ee el et ee or LRN aR Coa sla a rr ew eee per The Building Offical may designate such officers or inspectors as may be necessary to carry out the functions ofthecode eMorcement agency “ ee Recognition of Professional Services | oe 4 3c Hullding Oil may recognize the professional services provided by engineers, planners, architects and supervisor: Such recognition may be wihrawn by te Bulding Offa under the provisions set forth n Application and Permits Applications shall be made in writing to the Building Official for any erection, construction, addition, alteration, modification, repair, improvement, removal, conversion or demolition of any building or structure regulated by this Code. The Building Official shall receive such applications, examine the premises, enforce compliance with this Code and issue permits forthe intended work. Ailneceaay notes and onde legal or unsafe condi ire the specified safeguard sae Greer 2 eee eer ating conetrution, to require adequate acces and ext facies th existing buildings and to gure eoekciieinal Scitaeat toate comeaes ery eet Bratt Sete eng epeeese mee eo ieee reo imposed by this Godel: ” : ce eee i) _itisnecessary to make an inspection to enforce the provisions of this Code; oF ii) the Building Official has reasonable cause to believe that a condition contrary to or in violation of this Code exists making the building or the premises unsafe, hazardous or dangerous. fn a ee a ne eee ayy Ce re etl el i rte eae See eco ee Oe ee nea SE os ea ove cst eh ne ee Mee Ee ee ee eet saetsene eeebtete Inspection ‘The Building Oficial shal inspect ll construction or work fos which a permit is required or he shall accept reports of inspection by an engineer, architect or planner and may approve or disapprove the work inspected. ‘ike work or construction to be inspected shall main accessible and exposed for inspection purposes until the approvals obtained All reports of inspection shall be in writing and certified by the Building Official or the engineer or the architect making the inspection. 26 228 229 22.10 2211 23 24 25 Chapter 2 Organization and Enforcement Approval of work or construction as a result of such inspection shall not be interpreted to be an approval of {a violation of the provisions of this Code or of other ordinances ofthe jurisdiction, ‘The Building Official may require survey ofthe site and adjoining areas to verify tat the structure is located inaccordance with the approved plans. Nee a Orders to Stop Work ‘The Building Official may issue an order for immediate discontinuation of a work and cancellation of a previous permit for such work at any stage if #) any work being done contrary to the provision of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code; or ii) it's determined by the Building Official that the construction is not proceeding according to the approved plan. In such cases the Building Oficial shall notify the owner in writing of such an order and ll further ‘onstruction shall be stayed unt corecion has Been effected and approved. Occupancy Violation ‘The Building Oficial may order the current uses ofa building discontinued and the building or portion thereof vacated by serving a notice on any person ifthe Building Official determines that the building or Sructure or equipment therein regulated By his Code is being used contrary tothe provisions ofthis Code Ich penn shal discontinue the se whi he ime prscied bythe Building Ota ater rcep of sch oti to make the structure or portion threo, comply with the requirments of this Code. Maintenance of Records ‘The Building Official shall maintain records ofall applications and drawings received, permits and orders Sued napections made and ports prepared ‘nd ube by oer recognized apere. Copies of a relevant papers and documents for enforcement ofthe Code shall be preserved by the Building OF such records shall be kept open to public inspection ata suitable times ficial. All Expert Opinion ‘The Building Oficial may engage subject tothe approval ofthe Authority, an expert or a panel of experts for pinion on sresual fecal sacs that may ase administering the provisions ofthe Code. BOARD OF APPEALS Satan Nhe satans pa ncaa ea cee et Sear he a teas oes ee ene ee cee ees amet eee) eae ae eee rere ene ere eee ae se Gea ee ret Benen Rica ee eee ee og eee rs Rene Taree ip ee eat te ee ee reer ee Neate re eerie eee ee ae Os ‘The Board shall, with the approval of the Authority, adopt rules of procedure for conducting its business, id shal communicate ll deisions and findings in wailing to the appellant wih «copy tthe Bullding ‘The Board of Appeals shall have no authority for inteppretaton of the administrative provisions contained {in Part2 of this Code nor shall the Board be empowered to waive any requirement of this Code. ‘REQUIREMENT OF CERTIFICATION OF WORK Aay planning. design supervision of contruction, repair, maintenance, modification and alteration, of OF any other Work regulated by the Code shall be Certified by an engineer, architect or planer for Ti comitance wih te proves ofthe Coe eos 5 LIMITS OF PROFESSIONAL CONDUCT ‘An engineer, architect or planner assisted if necessary by personnel working under his direct control, shall be allowed to plan, design and supervise construction, repair, maintenance, alteration and modification of buildings or structures regulated by this Code provided he certifies compliance of the work with the provisions of the Code, Such a person may provide any such certificate as fong as his or her services are Fecognize by the Building Offical 28 specie in Sec 2.29 and such recognition fs not withdrawn under the Provisions of See Bangladesh National Building Code 27 Part 2 Administration and Enforcement 2.6 26.1 262 263 264 265 27 28 VIOLATION AND PENALTIES General ‘X57 Fenon, fim, corporation or government depatent or ageney whoa ner ofthe property eet

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