Odisha Gazette, No. 684, 21 March 2025

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The Odisha G a z e t t e

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 684 CUTTACK, FRIDAY, MARCH 21, 2025/FALGUNA 30, 1946

CUTTACK DEVELOPMENT AUTHORITY ( PLANNIG AND BUILDING

STANDARD) REGULATION, 2024

NOTIFICATION

The 30th January 2025

No. 778/ 27.01.2025(cid:650)Where as the Draft Cuttack Development Authority (Planning And Building Standards) Regulations for Old Areas of Cuttack, 2024 has been prepared under the Section 124 of Odisha Development Authority Act, 1982 with approval of Housing & Urban Development Department, Government of Odisha vide Letter No. HUD-TP-CASEOP-0017-2023-24895, dt. 26/11/2024.

And whereas, under section 125 of Odisha Development Authority Act, 1982 all persons/ authorities likely to be affected thereby, may send their objections/suggestions addressed to the Secretary, Cuttack Development Authority before the expiry of 15 days from the date of publication of the above notification in Odisha Gazette.

And whereas, any objection/suggestion which may be received by Cuttack Development Authority in respect of the above draft regulations before the expiry of the period so specified above will be considered by Cuttack Development Authority.

ANAM CHARAN PATRA

Vice Chairman

CDA, Cuttack

DRAFT CUTTACK DEVELOPMENT AUTHORITY (PLANNING AND BUILDING

STANDARDS) REGULATIONS FOR OLD AREAS- 2024

CHAPTER-I.

DEFINITIONS

1. Short title, extent and commencement

(1) These regulations may be called Cuttack Development Authority (Planning and Building Standards) Regulations for Old Areas - 2024.

(2) These regulations are to be read in conjunction with Odisha Development Authorities (Planning and Building Standards) Rules- 2020 and Odisha Development Authorities (Common Application Form) Rules- 2016.

(3) They shall extend to the Old Areas delineated as under Annexure I of these regulations.

(4) They shall come into force on the date of their publication in the Odisha Gazette.

2. Definition

(1) In these regulations, unless the context otherwise requires,

(i) Old Area delineated in Annexure I of these regulations;

(ii)

any parcel of land which is connected through a

public/private means of access of width of 1.50 - 3.00 m meters

(iii) Width P means a plot having maximum 7.50 meter in width on abutting road irrespective of the depth.

(iv)

refers to a plot with private access road ranging from 1.50 m- 3.00 m formed due to sub-division particularly among family members (Ismail access) CHAPTER II.

ADMINISTRATION

3. Applicability of Regulation

Subject to the provisions of the Act and Rules made there under, these Regulations shall apply to.

(i) all development, redevelopment, erection and or re-erection of a building as well as to the design, construction of, or reconstruction and additions and alterations to a building.

(ii) all parts of the building whether removed or not, and in case of removal of whole or any part of the building;

(iii) the remaining part of the building after demolition and work involved in demolition in case of demolition of whole or any part of a building;

(iv) all parts of the building affected by the change in occupancy of a building; and

(v) use of any land or building where sub-division of land is undertaken or use of land or building is changed.

4. Applicability to existing buildings

(1) The construction of any building in respect of which permission has been issued before coming into force of these regulations shall, so far as it is not inconsistent with the provision of these regulations regarding provision of public utility services and construction in special heritage zone, continue to be validly made and the said permission shall be deemed to have been issued under the corresponding provisions of these regulations.

(2) Where any building has been constructed without an approved plan, the provisions of these regulations shall be insisted upon.

(3) Wherein the building has been constructed with deviation of an approved plan, the provisions of these regulations shall be insisted upon except for the provisions related to compounding where benefit of earlier regulations under which approval given would have been extended.

(4) For the purpose of compounding the deviation under Clause-1 the Authority may formulate a regularization scheme with the approval of the Government specifying a maximum time period of one year after publishing of the same in the Orissa Gazette, local newspaper, electronic media and website of the Government and Authority.

5. Permission

(1)   No permission shall be required for the works specified in clause-12.4.1, Part-2 of The National
      Building  Code  of  India, 2016  section  15,  of  the  Orissa  Development  Authorities  Act,  1982  and
      Rule 10 of ODA (P&BS) Rules, 2020.
(2)   No permission shall be required for the following alterations, which do not otherwise violate any
      provisions  regarding  general  building  requirements,  structural  stability,  fire  and  health  safety
      requirements of these rules or National Building Code of India, 2016 clause 4, Part-3.
      (i)    Raising of existing plinth of building not in consistence of regulation at own risk and cost of
             applicant such that it shall be so located with respect to average road level from site so that
             the adequate drainage of the site is assured. The height of the plinth shall not be less than
             45 cm  suitably to avoid  waterlogging and drainage issues  in the plot as well as adjoining
             plot and shall adhere to setbacks as per regulations enforced at time of building approval
      (ii)   Installation of medical oxygen plants in hospital premises
      (iii)  Opening and closing of a window or door or ventilator;
      (iv)   Providing intercommunication doors;
      (v)    Providing partitions;
      (vi)   Providing false ceiling;
      (vii)  Gardening;
      (viii)  Whitewashing;
      (ix)   Painting;
      (x)    Re-tiling and re-roofing;
      (xi)   Plastering and patchwork;
      (xii)  Re-flooring and

(xiii) Construction of sunshades on own land.

(3) All clarifications with respect to deficiency in the plan, documents shall be sought for from the applicant within 30 days after receipt of application.

(4) Once the plan has been scrutinized and objections have been pointed out and intimated to the applicant, the applicant shall modify the plan to comply with the objections raised and re-submit it for further scrutiny and the Authority shall pass orders as per rules and regulations.

(5) The Authority shall communicate either approval in Form-II or refusal in Form-III appended to the Odisha Development Authorities (Common Application Form) Rules, 2016.

(6) If the Authority does not communicate its decision either granting or refusing permission to the applicant within 60 days from the date of receipt of the application by the Authority, the applicant shall draw the attention of the Vice-Chairman of the Authority with regard to his application, in Form-I and the Planning-Member shall within fifteen days from the date of receipt of notice in Form-I appended to the Odisha Development Authorities (Common Application Form) Rules, 2016,place the details of the case before the Vice-Chairman.

(7) If, within a further period of one month from the date of receipt of the application drawing such attention as mentioned in sub-regulation (6), the Authority does not communicate its decision, such permission shall be deemed to have been granted to the applicant on the following the date of expiry of the three months period.

(8) Construction proposed in all existing buildings which have been divided into parts by partition or sale or otherwise may be permitted (without insisting on front, rear or side setbacks) subject to fulfilment of following provisions, namely; -

(i) Coverage provided for the upper floor shall not exceed 75% of the plinth area of existing floor for organizing an open terrace to facilitate light and ventilation to the habitable rooms;

(ii) Separate arrangement shall be made for drainage of the storm water;

(iii) Ventilators may be permitted above lintel height on production of no objection certificate from the owners of the adjacent plot to which the ventilators abuts, but no window overlooking others property may be permitted without obtaining his written consent in the shape of an affidavit.

6. Restriction of permission

This regulation shall not be applicable in the following cases, namely

(1) Where construction has been undertaken on the Government land or land belonging to local body or land not owned by the person undertaking such development;

(2) Where constructions have been undertaken over public or private road or on the alignment of any of the natural drainage channel, Municipal drain, sewerage line, electrical line, water supply network or any public utility services proposed in the Development Plan or otherwise;

(3) Where construction has been undertaken in violation of the Ancient Monuments, and Archeological Sites and Remains (Amendment and Validation) Act, 2010;

Provided that such constructions can be given permission if no objection certificate from the concerned authority is produced.

(4) Where construction has been undertaken in violation to the height restrictions notified by the Airport Authority of India:

Provided that such constructions can be permitted if no objection certificate from the concerned authority is produced

(5) Where construction has been undertaken in violation of the zoning regulations governing Environmentally sensitive zone, open space /recreational use zone or any other special land use zone as identified in the Comprehensive Development Plan

(6) Where construction has been undertaken in violation of any norms of Eco-sensitive zone notified by Forest and Environment Department;

Provided that such constructions can be permitted if a No Objection Certificate from the concerned authority is produced;

(7) Where construction or usage of land or building has been undertaken in violation of conditions of lease in case of leasehold land leased by Revenue and Disaster Management Department or any other public agencies.

CHAPTER III

LAND USE CLASSIFICATION AND PERMISSIBLE USES

7. Zoning

(1) In the Development Plan various Land Use Zones (LUZ) are indicated with their specific boundaries and these land use zones shall be regulated in accordance with the provisions of Table 1.

(2) Except as otherwise provided, no structure or land hereinafter shall be used and no structure shall be erected, re-erected or altered unless its use is in conformity with these zoning regulations.

(3) In cases where a layout plan of land has been approved and various plots of land under such layout have been assigned specific land uses, then the same shall be adhered to unless any such use falls under prohibited category specified in column (e) of Table 1 of that LUZ.

(4) All places of worship, temples, churches, mosques, burial and cremation ground as existing on the date of notification of this regulation shall be exempted from being treated as non-conforming uses. Provided that continuance of such uses are not detrimental to the locality as decided by the Authority from time to time for consideration of such cases.

8. Different use of land

(1) Permission for different uses shall be accorded for principle uses earmarked in the different zones as described in column (c) of Table-1.

(2) Permission for different uses described in column (d) of the Table 1 shall be accorded on special consideration by the DP&BP Committee and reasons for such considerations shall be recorded in writing and it is further provided that Authority may prescribe terms and conditions including levy of fees and charges for guidance of the committee for consideration of such cases.

(3) The activities specified in column (e) of Table-1 shall not be permitted in the areas reserved for particular uses.

(4) The purposes which are not specified in column (c), column (d) and column (e) of the Table-1 shall be interpreted by the DP&BP committee on basis of such analogous entries in these columns.

(5) (1) Individual Residential Development may be permitted on recommendations of DP&BP5 Committee in the open space/ recreational use zone if the following conditions are satisfied along with other conditions of these regulations, namely:-

(i) the land is a stitiban land and is not a leasehold land;

(ii) the coverage is not more than 50% and FAR of 1.0

(iii) the height is not more than 7.0 meters excluding headroom and at least 30% of the land is used for plantation.

(2) Subject to the provision contained in Regulation (5) construction of non-high rise residential apartments/housing project may be permitted in open space /recreational use zone if the following conditions are satisfied along with other conditions of the Regulations namely.

(i) The minimum size of the plot shall be 1 hectare or above.

(ii) The minimum width of the approach road shall be 9.0 meter.

(iii) The maximum coverage shall not exceed 25% of the plot area.

(6) Mixed use of the building may be permitted in a particular zone on plot:

Provided that the principal use of the building shall cover not less than 2/3rd of the total floor area and other permitted uses shall not exceed 1/3rd of the total area;

Provided further that, for FAR over and above Base FAR, the applicant shall have the option to change the above proportion subject to minimum 1/3rd of built-up area towards principal use.

Provided further that purpose of this regulation principal use is any of the uses described in column (c) of Table 1 and the permitted use is any of the uses described in column (d) of Table 1, if so, permitted by the DP & BP Committee.

(7) Subject to the provisions contained in Rule 20 of the Odisha Development Authorities (Planning and Building Standards) Rules, 2020, the following provisions shall be applicable for all constructions in Special Heritage Zone earmarked in the Comprehensive Development Plan, namely: -

a) The maximum height of the building shall not exceed 12.00 meters; and

b) All proposals for development over an area of more than 500 sqm. or 10.00 meter height or both shall only be considered on recommendation of the DP & BP Committee with representation from Archaeological Survey of India and the Odisha State Archaeology Department.

(8) (i) For construction of Building in Environmentally Sensitive Zone, the following provisions shall be applicable, namely.

a) The minimum size of the plot shall be 2000.00 square meter.

b) The minimum width of the approach road hall be 9.00 meter.

c) The maximum coverage shall not exceed 40% of the area.

d) The proposal for development shall only be considered on recommendation of DP & BP Committee with representatives from (1) Water Resource Department (2) Odisha State Pollution Control Board and (3) Public Health Engineering Department in the above committee.

(ii) In case of sub divisional Layouts shall be permitted in Environmentally Sensitive Zone,(ESZ) if the following conditions are satisfied along with other conditions of these regulations, namely:

a) (a) The minimum size of the plot shall be more than 2.00 Ha;.

b) the minimum width of approach road as required under ODA (P&BS ) Rules, 2020 shall not be less than 12.00 meter;

c) No relaxation on required width of approach road specified for sub divisional layouts shall be permitted;

d) The proposal for development shall only be considered on recommendation of DP and BP Committee with representatives from Water Resource Department, State Pollution Control Board and Public Health Engineering Department.

e) Notwithstanding anything to the contrary to the provisions specified in this regulation all other conditions applicable for Sub divisional layout under ODA (P&BS) Rules, 2020 shall be applicable.

(9) Residential Density: The density in a residential area shall be guided as per the infrastructure available. The spot density for a particular plot (proposed for multi-family dwelling shall in no case exceed 400 persons per acre.

(10) CNG/ Petrol Filling Station shall be permitted complying to the standards of Petroleum Act irrespective of land uses in Development Plan, except water bodies/forest use zone on recommendation of the DP&BP Committee if the following conditions are satisfied:

(i) The minimum width of approach road shall be 9.00 meter.

(ii) It shall fulfill the Planning norms as per Rule 67 of Odisha Development Authorities (Planning and Building Standards) Rules, 2020.

(iii) Submission of all clearances/ NOCs for installation of such petrol pump.

(11) In this Regulation, the following provisions shall be followed:-

Table 1- Land Uses Permitted/ Prohibited in different Land Use Zones

CHAPTER IV

GENERAL

9. Means of access

(1) Every building or plot shall abut on a public or private means of access like streets, roads of duly formed of width as specified in Part-3, clause 4 of the National Building Code of India, 2016.

(2) In no case, development of plots shall be permitted unless it is accessible by a public or private street of width not less than 4.50 meter;

In case of means of access is less than 4.50 meter, for residential development additional front setback shall be left from the plots on both the sides equally so that the width of the means of access shall be at least 4.50 meter. This is in addition to the mandatory front setback required as per the provisions of these regulations.

(3) In case of private access road of 5-10 ft resulted by sub-division (Ismail access), the following regulations are applicable:

(i) Minimum width of access for plot development 1.5 m (5 ft). Such means of access shall be kept free from any obstruction and shall be fully open to the sky;

(ii) Only residential development is permitted on such plots; maximum permissible FAR is 1.0;

(iii) No development permission shall be permitted for plots non- compliant to the above conditions.

(4) In case of institutional, administrative, special buildings, assembly, industrial, educational & other non- residential activities, the minimum road width shall be 9.00 meter; in case of commercial uses, the minimum road width shall be 6.00 meter and in case of cinemas, game centers, multiplexes, convention centers and shopping mall; the minimum road width shall be 12.00 meter;

Mixed-use buildings may be permitted on minimum of 7.5 m wide access for plot area up to 500 sq.m; for plots above 500 sq.m up to 1000 sq.m, minimum access width required is 9.00 meters;

In case of special buildings, the DP&BP committee may relax the road width criteria and othe requirements considering the site condition and requirement of such facility in the area.

(5) In case of a private road, which gives access to one or more buildings, the owner of the said private road shall develop the road and storm water drain as required by the Local Authority and transfer the same by way of deed of gift to the Local Authority for maintenance.

(6) In case of application for revalidation to the permission issued earlier, the provision of the width of the means of access as prescribed under earlier Regulations shall be insisted upon.

10. Minimum area of plots

The minimum area of plots for different categories of buildings in Old Area is given in the Table 2 below:

Table 2 Category wise size of plots and minimum width of access

11. Minimum setbacks for non-high-rise buildings

(1) The minimum setbacks permissible in a given size of plot for residential and commercial building from existing or proposed road shall be as per the Table 3 below.

(2) The setbacks are to be left after leaving the affected area of the plot/ site, if any, for road widening.

Table 3 Minimum setbacks for non-high-rise buildings in Old Area

12. Minimum setbacks for high rise buildings

(1) For non-high rise buildings, the open spaces around the building and ground coverage shall be as given in Table 4 below.

(2) The setbacks are to be left after leaving the affected area of the plot/ site, if any, for road widening.

Table 4 Minimum setbacks and maximum ground coverage for high rise buildings

(3) For institutional buildings, the minimum setback around the building shall be 3.00 meter for non-high rise building.

13. Floor Area Ratio

(1) The Floor Area Ratio (FAR) for all category of buildings shall be decided on the basis of the road width on which the plot and site abuts as specified in Table 5 below:

Table 5 FAR for different access road widths

(2) For residential or commercial buildings on plot size of 170 Square meters ( 1800 Sq.ft) or less and building height of maximum 10 meters shall be permitted without any FAR limitation:

Provided that, if the building height on such plot exceeds 10 meters, then the provisions specified in Table 5 shall be applicable.

14. Development of access-restricted Plots

(1) In case of access-restricted plots more than 2000 sq.m, the minimum width of access to be provided by the plot owner to avail development permission is 4.5 m.

Such access, in agreement with adjoining landowner may be availed through road of minimum 4.5 m width with minimum clear height of 4.5 m. This is subject to mandated public safety and fire safety requirements, and compliance to regulations and road geometrics as per standards.

The owner/s of the plot that have provided access shall be allotted development rights up to twice the base FAR of land that has been surrendered to build such access. This FAR can be used in-situ as per Table 5 or in the form of TDR. CDA shall levy charges on the owner of the access restricted plot for providing development rights over and above the base FAR on land surrendered for provision of this access. The unit rate of such a charge would be determined as a percentage of the circle rate of such area as decided by the authority.

FAR for the access-restricted plot shall be based on the nearest major public access road provided it follows the conditions in Table 6:

Table 6 Permissible proportion of FAR for access restricted plot development

15. Off Street Parking Space

(1) In all buildings provision shall be made for parking spaces as per the requirements as given in the Table 7 below:

Table 7 Off Street Parking Space for Different Category of Occupancies

(2) Total off-street parking space required as per the regulation can be provided by an individual or a group of property owners at a place not more than 500 meters; such parking spaces may be construed to have met the off-street parking requirement, subject to the approval of the Authority. The applicant/s must obtain a plot via lease or purchase and such parking plot layout with ingress and egress must be submitted for approval to the authority.

(3) Public parking (off street) may be provided with the following development incentives as listed below:

(i) Additional FAR equivalent to twice the base FAR of the plot will be provided in lieu of development of such parking complex/ area of parking lot that can be used as TDR or bonus built up area which may be consumed within the same land conforming to maximum FAR regulations

(ii) Relaxation of setbacks to 50% for building on plot where MLCP developed

(iii) Only parking for 2-wheelers may be permitted on roads below 4.5 m wide 16. General Building Requirements The general building requirements of a building shall be as follows, namely:

(i)   services can be permitted on roofs with adequate screening for the same;
(ii)  scissor staircase would be permitted provided all travel distance and fire norms are adhered to;
(iii) stilts in high-rise buildings will not be restricted to height of 2.40 meters as long as it is used for parking;
(iv)  multilevel car parking with car lifts would be permitted with adequate fire safety;
(v)   buildings of height 200 meters and above, shall have provision for a Helipad.
(vi)  mezzanine floor may be permitted above any floor in all types of buildings up to an extent of one-third
      of  the  actual  covered  area  of  that  floor  which  shall  have  a  minimum  height  of  2.20  meters  and  all
      mezzanine floors shall be  counted towards FAR calculation.
(vii) The building components such as doorways, stairways, lifts, ramps, corridors and other parameters,
      shall be as per the norms given in Annexure-IV.

Provided that, for buildings which require fire safety certificate under the provisions of Odisha Fire Prevention and Fire Safety Regulations, 2017, as amended, from time to time, the building components such as doorways, stairways, lifts, ramps, corridors and other such parameters shall be20 as per norms given in Annexure III.

CHAPTER V

REQUIREMENT OF SPECIAL OCCUPANCY

17. Apartment

(1) In Apartment building with joint ownership of land, the owner or developer shall provide floor space for

minimum area shall not be less than 12 square meters.

(2) One staircase for every 6 dwelling units or fraction thereof in a floor shall be provided.

(3) The minimum width of approach road to the plot shall be at least 9.0 meters for Apartment buildings.

(4) Reservation of affordable housing i.e., EWS and LIG housing shall be done as per provisions of affordable housing overlay.

CHAPTER VI

DEVELOPMENT AND SUB-DIVISION OF LAND REGULATIONS

18. Size of the plot

No sub-divided plot shall be less than 30 square meters in area and the Authority shall have the right to relax the same in special cases such as Affordable Housing Schemes.

19. Hierarchy and Width of Roads

(1) The hierarchy and width of roads in cases of sub-division layout shall be as per following extent, namely:

(i) The site of sub-divisional layout shall have an access road from existing public or private pucca roads as specified in Table 8 for layout with area up to 4 Ha:

Table 8: Minimum Road width (ROW) for Sub-division Layouts

Note: For EWS/LIG housing scheme, the minimum road width may be relaxed by the Authority.

For layouts above 4 Ha, ODA (P&BS) rules 2020 will be applicable

(ii) The width of the internal roads of a sub-division layout shall be as specified in Table 9 below:

Table 9 Minimum ROW of Internal Roads

Explanation:-The length of the road shall be distance from the middle point where the roads meets the next higher roads.

(2) In case of layout for sub-division of plot in an existing built up old area surrounded by buildings, the minimum width of access road can be relaxed by the DP&BP Committee and which can be done only in such cases where there is no possibility of widening the access road to the proposed sub-division layout to the standards as given in clause (i) of sub-rule (1) and this shall be subject to the condition that maximum FAR on the individual plots in such a layout shall be proportionately reduced.

20. Reservation for Affordable Housing

(1) Every plot with area more than 0.4 hectare shall have reservation of land for development of housing units for EWS and LIG.

(2) At least 10% (ten percent) of saleable residential land shall be earmarked for EWS and LIG category or as per provisions of affordable housing overlay, whichever is higher.

CHAPTER VII- COMPOUNDING

21. Restriction on compounding

(1) Any deviation pertaining to unauthorized development shall not be compounded in the following cases, namely:

(i) where construction has been undertaken on Government land or land belonging to local body or land not owned by the person undertaking such development;

(ii) where development has been undertaken unauthorizedly within the prohibited limits of any ancient or archaeological monuments;

(iii) where such developments interfere with the natural drainage of the locality;

(iv) where such unauthorized development results in provisioning of parking below the prescribed norms;

and

(v) where road or drain whether public or private, whether constructed or natural, has been encroached.

(2) Subject to the provisions contained in sub-rule (1), the Authority shall have the power to determine other such circumstances where compounding shall be prohibited.

(3) The Authority may, either before or after the institution of the proceedings under the provisions of the Act compound any offence,

(i) where development has been undertaken without permission, but is within the framework of use restrictions and provisions of these rules as applicable to the specific plot;

(ii) where deviations have been made up to 25% (twenty-five percent) beyond the permissible norms of these rules in respect of front, rear and side setbacks within the permissible FAR limits on payment of such compounding charges as may be prescribed in the regulations, from time to time.

(iii) where deviations have been made up to 10% (ten percent) in consumption of FAR beyond the permissible limits on payment of such charges which are equivalent to charges notified for22 Purchasable FAR.

22. Compounding Rates

Compounding Rates for various categories shall be as follows;

Table 10 Compounding Fees Categories

Note-

(1) In case of existing buildings with less than required off-street parking, the owner can obtain a plot via lease or purchase for accommodating required parking within 500.00 m distance from such building. Such parking plot layout with ingress and egress must be submitted for approval to the authority.

(2) In case of plots with Ismail access only 2-wheeler parking shall be permitted through a signed affidavit.

23. Power of the Govt. to Exempt

(1) Notwithstanding anything containing in these regulations, the Government may compound any deviations in the construction undertaken prior to enforcement of this Regulation.

(2) For the purpose of compounding the deviation under clause (1) the Government may formulate a regularization scheme either in respect of all types of construction or use specific construction specifying a maximum time period of 6 months after publication of the same in Odisha gazette, local newspaper,23 electronic media, website of the Government and Authority.

24. Removal of Unauthorized Construction

(3) The secretary of the Authority shall be competent to order for Removal of any construction which in his opinion, is in violation of any of the provisions of the Act, Rules, or these Regulations, under the Act.

(4) The Secretary of the Authority may, if he is of such opinion, seek the advice of the Vice-Chairman regarding implementation of any provision of these Regulations.

(5) The Vice-Chairman may call for any records, and in writing, give direction to the secretary for implementation of any provision of these Regulations CHAPTER VII

MISCELLANEOUS

25. Extent & Applicability

These regulations are to be read in conjunction with ODA(P&BS) Rules- 2020, ODA (CAF) Rules- 2016 and where no express provision has been made in respect of any matter connected with these regulations for old area the provision of ODA (P&BS) Rules 2020 shall be applied.

26. Applicability of National Building Code

Where no express provision has been made in respect of any matter connected with planning and building standards in the Act or rules, Development Plan, Town Planning Schemes, or these Regulations or by any resolution of the Authority; then in such cases provisions of the National Building Code of India shall apply, mutatis mutandis, to such extent.

27. Applicability of provisions to committed project

Where any Department of the State Government or Local Body or Statutory Authority had given any commitment for development of a project under PPP model prior to commencement of these regulations, then the building plan of such a project shall be approved as per provisions of the regulations/rules then in force under which such commitment was made, notwithstanding that these regulations has come into force.

28. Decision of the Government to be final

In case any doubt arises with respect to interpretation of these regulation or in case of any dispute in interpretation of these regulations, the decision of the State Government shall be final.

29. Relaxation by the Government

The Authority may recommend to the State Government for relaxation or modification of any of the clauses of these regulations in the general interest of the public pertaining to projects or schemes developed by the State Government or any of its agency by itself or on PPP model or for any institutional building and the decision of the State Government in this regard shall be final.

30. Precedent

The Authority may take into consideration, the information of an applicant for a building relating to cases of relaxations granted by the Authority in the same area, zone or in similar cases while deciding the cases under this Regulation to be decided by the DP&BP committee.

ANNEXURE I

Delineation of Old Area

Note: Planned Areas/Approved Layouts/Town Planning Schemes shall be excluded from the Old Area Table 11: Delineation of Old Area

Table 12 Mouza Number of Plots included under the Old Area

ANNEXURE II

NBC 2016 References

Part 2 Administration: Clause 12.4.1 (Pg 14, NBC Part 1)

Part 2- Administration- Clause (Pg 13)

ANNEXURE III STANDARDS FOR FIRE PROTECTION AND FIRE SAFETY REQUIREMENTS

(Extract taken from National Building Code of India For the complete provision, refer Part-IV of NBCI) (See clause (v) of sub-regulation (3) of regulation 5, regulation 57 and clause (viii) of regulation 44)

(1) Scope: The Part-4 of NBCI covers the requirements for fire prevention, life safety in relation to fire and fire protection of buildings. This Part of NBCI specifies occupancy-wise classification, constructional aspects, egress requirements and protection features that are necessary to minimize danger to life and property from fire. Lifts escalators and revolving doors shall not be considered as exits.

(2) The provisions of this Part are applicable to the followings unless otherwise mentioned specifically in the provisions:

(i) all high rise buildings; and

(ii) special buildings, those are,

(a) hotel, educational, institutional, business, mercantile, industrial, storage, hazardous and mixed occupancies, where any of these buildings have floor area more than 500 square meters on any one or more floors;

(b) educational buildings having height 9000 m. and above;

(c) institutional buildings having height 9.00 m. and above;

(d) all assembly buildings;

(e) buildings, having area more than 300 square meters of incidental assembly occupancy on any floor; and

(f) buildings with two basements or more, or with one basement of area more than 500 square meter.

(3) The extract of the provisions related to life-safety of Part-IV of NBCI in relation to general exit requirements, occupant load and egress components, are given in the subsequent part of this annexure:

ANNEXURE IV

GENERAL BUILDING

REQUIREMENTS

1. Doorways:

(i) Every doorway shall open into an enclosed stairway, a horizontal exit, on a corridor or passageway providing continuous and protected means of egress.

(ii) No exit doorway shall be less than 1 meter in width. Doorways shall be not less than 2 meter in height.

Doorways for bathrooms, water closet and stores shall be not less than 0.75 meter wide.

(iii) Exit doorways shall open outwards, that is, away from the room but shall not obstruct the travel along any exit. No door, when opened, shall reduce the require width of stairway or landing to less than 0.9 meter, overhead or sliding doors shall not be installed.

(iv) Exit door shall not open immediately upon a flight or stairs, a landing equal to at least the width of the door shall be provided in the stairway at each doorway, level of landing shall be the same as that of the floor which it serves.

(v) Exit doorways shall be openable from the side which they serve without the use of a key.

(vi) Mirrors shall not be placed in exit ways or exit doors to avoid confusion regarding the direction of exit.

(vii) Revolving doors shall not be provided as a means of fire exit

2. Stairways:

(i) A staircase shall not be arranged round a lift shaft.

(ii) The natural ventilation requirement of the staircase shall be, achieved through opening at each landing, of an area 0.5 square meters in the external wall. A cross ventilated staircase shall have 2 (two) such openings in opposite/adjacent walls or the same shall be cross ventilated through the corridor. The National Building Code of India, Chapter 4 Fire and Life Safety, Clause 4.4.2.5 Smoke Control of exits shall be followed for requirement of Pressurized staircase in various building components.

(iii) The minimum width of staircase shall be as in Table-1 herein contained

Table 1: Type of Building and Staircase Width

(iv) The minimum width of treads without nosing shall be 0.25 meter for staircase of residential buildings.

In the case of other buildings, the minimum tread shall be 0.30 meter. The treads shall be constructed and maintained in a manner to prevent slipping. The maximum height of riser shall be 0.19 meter in the case of residential buildings and 0.15 meter in the case of other buildings and the number of riser44 shall be limited to 12 per flight.

(v) Handrails shall be provided with a minimum height of 0.9 meter from the center of the tread.

(vi) Handrail shall be provided on both sides of the staircase if the width of staircase is 1.50 meter or more.

(vii) The minimum headroom in a passage under the landing of a staircase and under the staircase shall be 2.20 meter.

(viii) Access to exit staircase shall be through a fire door of a minimum 120 minute fire resistance rating.

It shall be a swing type door opening in the direction of the escape.

(ix) No living space, store or other fire risk shall open directly into staircases.

(x) External exit door of staircase enclosure at ground level shall open directly to the open spaces or can be reached without passing through any door other than a door provided to form a draught lobby.

(xi) The exit sign with arrow indicating the way to the escape route shall be provided at a height of 0.5 meter from the floor level on the wall and shall be illuminated by electric light connected to corridor circuits. All exit way marking signs shall be flushed with the wall and so designed that no mechanical damage shall occur to them due to moving of furniture or other heavy equipment's. Further all landings of floor shall have floor indication boards indicating the number of floor. The floor indication board shall be placed on the wall immediately facing the flight of stairs and nearest to the landing. It shall be of size not less than 0.50 meter × 0.50 meter and it shall be prominently on the wall facing the staircase.

(xii) In case of single staircase, it shall terminate at the ground floor level and the access to the basement shall be by a separate staircase. The second staircase may lead to basement levels provided the same is separated at ground level by either a ventilated lobby with discharge points at two different ends or through enclosures with fire resistance rating door (Table-1, Part IV of the National Building Code of India revised time to time) or through a fire protected corridor.

3. Lifts: General requirements of lifts shall be as follows:

(i) All the floors shall be accessible for 24 hours by the lifts. The lifts provided in the buildings shall not be considered as a means of escape in case of emergency. In a dual line arrangement (lifts opposite to each other) the lobby may be between 1.5 times to 2.5 times the depth of one car. For in-line (single line) arrangements the lobby may be typically half of the above recommendations.

(ii) Grounding switch, at ground floor level, to enable the fire service to ground the lift shall also be provided.

(iii) The lift machine room shall be separate and no other machinery shall be installed there in.

(iv) Walls of lift enclosures and lift lobby shall have fire rating of 2 hour; (National Building Code of India);

lifts shall have a vent at the top of area not less than 0.2 square meter.

(v) Lift car door shall have a fire resistance rating of 1 hour.

(vi) Lift lobby doors in lift enclosures shall have fire resistance as per relevant provision of the National Building Code of India.

(vii) Collapsible gates shall not be permitted for lifts and shall have solid doors with fire resistance of at least 1 hour.

(viii) Lifts if communicating with the basement, the lift lobby of the basements shall be pressurized as suggested in Annexure-III (Fire Protection and Fire Safety Requirements) with self-closing door with45 fire resistance rating. Telephone or other communication facilities shall be provided in lift cars and to be connected to fire control room for the building.

(ix) Suitable arrangements such as providing slope in the floor of lift lobby shall be made to prevent water used during firefighting etc., at any landing from entering the lift shafts.

(x) A sign shall be posted and maintained on every floor at or near the lift indicating that in case of fire, occupants shall use the stairs unless instructed otherwise. The sign shall also contain a plan for each floor showing the locations of the stairways. Alternate source of power supply shall be provided for all the lifts through a manually operated changeover switch.

(xi) The National Building Code of India, Chapter 4 Fire and Life Safety, Clause 4.4.2.5 Smoke Control of exits may be followed for requirement of Pressurized lifts in various building components.

4. Ramps:

(i) In the case of parking spaces provided in basement(s) and upper storey of parking floors, at least two ramps of width and slope as per Table 2 shall be provided, located preferably at opposite ends.

Table 13 Requirements for ramp for vehicles

(ii) Ramp may also be provided in setback area which can be sloped considering unhindered movement of fire Engine and in no case the gradient shall be less than 1:10.

(iii) All structural design/safety aspects shall be complied per latest BIS Codes and National Building Code of India along with consideration of weight of Fire Engine and its maneuverings.

(iv) The minimum width of the ramps in hospitals shall be 2.40 meters for stretcher and not for vehicular movement.

(v) In this case Handrails shall be provided on both sides of the ramp.

(vi) Ramps shall lead directly to outside open space at ground level or courtyards or safe place.

(vii) Requirement of accessibility for elders and persons with disabilities shall be ensured in compliance with the provisions of Annexure-VIII which may require providing ramps with specified gradient or accessible lifts for access to different levels.

5. Corridors:

(i) Exit corridors and passageways shall be of width not less than the aggregate required width of exit doorways leading from them in the direction of travel to the exterior.

(ii) The minimum width of a corridor in a residential building shall be 1.0 meter for single loaded and 1.80 meters for double loaded and in all other buildings shall be 1.50 meters.

(iii) In Hospitals, the corridors through which patients are moved, shall have a minimum width of 2.40 m throughout and corridors in other areas of hospital not intended for the housing, treatment, or use of inpatients shall be not less than 1.50 m in width.

(iv) Where stairways discharge through corridors and passageways, the height of corridors and passageways shall be not less than 2.40 meters.

(v) All means of exit including staircases lifts lobbies and corridors shall be ventilated.

6. Glass Facade/ Service Ducts/Shafts/ Refuge Area/ Vents

(i) An Opening to the glass facade of min. width 1.5 meters and height 1.50 meters shall be provided at every floor at a level of 1.20 meters from the flooring facing compulsory open space as well as on road side. Construction that complies with the fire rating of the horizontal segregation and has any gap packed with a non- combustible material to withstand thermal expansion and structural movement of the walling without the loss of seal against fire and smoke.

(ii) Mechanism of Opening: The openable glass panel shall be either left or right shall have manual opening mechanism from inside as well as outside. Such openable panels shall be marked conspicuously so as to easily identify the openable panel from outside.

(iii) Fire seal to be provided at every floor level between the external glazing and building structure.

(iv) The glazing used for the facade shall be of toughened (tempered) safety glass as per I.S. 2553.

(v) To avoid fire propagation vertically from one floor to another floor, a continuous glass must be separated internally by a smoke/ fire seal which is of non-combustible material having a fire resistance rating of not less than 2 hours.

(vi) Service ducts and shafts shall be enclosed by walls and doors with fire resistance rating. All such ducts or shafts shall be properly sealed and stopped fire ingress at all floor levels.

(vii) A vent opening at the top of the service shaft shall be provided having an area between one- fourth and one-half of the area of the shaft.

(viii) Glass quality and Practice of use of Glass in buildings shall have to be in conformity with the BIS codes as given in Table 3 herein contained.

Table 3: Glass quality and Use of glass in buildings

7. Building Services

(i) Staircase and Corridor Lighting

(a) The staircase and corridor lighting shall be on separate service and shall be independently connected so as it could be operated by one switch installation on the ground floor, easily accessible to firefighting staff at any time irrespective of the position of the individuate control of the light points, if any.

(b) Staircase and corridor lighting shall also be connected to alternate supply from parallel high- tension supply or to the supply from the stand-by generator.

(c) Emergency lights shall be provided in staircase and corridor or passageway, horizontal exits, refuge area; and all wires and other accessories used for emergency light shall have fire retardant property.

(ii) Electrical Services

(a) The electric distribution cables or wiring shall be laid in separate duct which shall be sealed at every floor with non-combustible materials having the same fire resistance as that of the duct.

Low and medium voltage wiring running in shaft and in false ceiling shall run in separate conduits.

(b) Water mains, telephone cables, intercom cables, gas pipes or any other service line shall not be laid in the duct for electric cables. Use of bus ducts/solid rising mains instead of cables is preferred.

(c) The provision of dedicated telecommunication ducts for all new building proposals is mandatory for conveyance of telecommunication and other data cables.

(d) Separate circuits for water pumps lifts, staircases and corridor lighting and blowers for pressurizing system shall be provided directly from the main switchgear panel.

(iii) Alternate Source of Electric Supply: A stand-by electric generator shall be installed to supply power to staircase and corridor lighting circuits, fire lifts, the stand-by fire pumps, pressurization fans and blowers, smoke extraction and damper system in case of failure of normal electric supply. The generator shall be capable of taking starting current of all the machines and circuits stated above simultaneously. If the stand-by pump is driven by diesel engine, the generator supply need not be connected to the stand-by pump.

(iv) Air-conditioning: Air-conditioning shall conform to the following:

(a) Escape routes like staircases, common corridors, lift lobbies. shall not be used as return air passage.

(b) The ducting shall be constructed of substantial gauge metal in accordance with good practice.

(c) Wherever the ducts pass through fire walls or floors, the opening around the ducts shall be sealed with materials having fire resistance rating of the compartment.

(d) Where duct crosses a compartment which is fire rated, the ducts shall be fire rated for same fire rating. Further depending on services passing around the duct work, which may get affected in case of fire temperature rising, the ducts shall be insulated.

(e) Metallic ducts shall be used even for the return air instead of space above the false ceiling.

(f) Where plenum is used for return air passage, ceiling and its fixtures shall be of non-combustible material.

(g) The materials used for insulating the duct system (inside or outside) shall be of non-combustible material; glass wool shall not be wrapped or secured by any material of combustible nature.

(h) Air ducts serving main floor areas, corridors, shall not pass through the staircase enclosure.

(i) The air-handling units shall be separate for each floor and air ducts for every floor shall be separated and in no way inter-connected with the ducting of any other floor.

(v) If the air-handling unit serves more than one floor, the recommendations given in clause (iv) shall be compiled with, in addition to the conditions given below:

(a) Proper arrangements by way of automatic fire dampers working on smoke detector / or fusible link for isolating all ducting at every floor from the main riser shall be made.

(b) When the automatic fire alarm operates, the respective air-handling units of the air-conditioning system shall automatically be switched off.

(c) The vertical shaft for treated fresh air shall be of masonry construction.

(d) The air filters of the air-handling units shall be of non-combustible materials or fire rated.

(e) The air-handling unit room shall not be used for storage of any combustible materials.

(f) Inspection panels shall be provided in the main trunking to facilitate the cleaning of ducts of accumulated dust and to obtain access for maintenance of fire dampers.

(g) No combustible material shall be fixed nearer than 150 mm to any duct unless such duct is properly enclosed and protected with non-combustible material (glass wool or spyglass with neoprene facing enclosed and wrapped with aluminum sheeting) at least 3.2 mm thick and which would not readily conduct heat.

(vi) Transformers:

(a) When transformers are housed in the building below the ground level it shall be necessarily in the first basement in separate fire resistance room of 4 hours rating. Transformer shall be dry type and shall be kept in an enclosure with walls, doors and cut-outs having fire resistance rating of 4 hour. The room shall necessarily be at the periphery of the basement having separate and direct access from open area at ground floor through a fire escape staircase. The entrance to the room shall be provided with a steel door of 2 hours fire rating. A curb of a suitable height shall be provided at the entrance in order to prevent the flow of oil from ruptured, transformer into other parts of the basement. The switchgears shall be housed in a separate room separated from the transformer bays by a fire- resisting wall with fire resistance not less than 4 hours.

(b) The transformer shall be protected by an automatic foam sprinkler system. When housed at ground floor level it/they shall be cut-off from the other portion of premises by Fire Resisting Walls of 4 hours rating.

(c) A tank of RCC construction of adequate capacity shall be provided at lower basement level to collect the oil from the catch pit in case of emergency. The pipe connecting the catch-pit to the tank shall be of non- combustible construction and shall be provided with a flame-arrester.

(d) The electric sub-station shall be located in a separate building in accordance with sub-regulation (1) of regulation 68 and clause (a) of sub-regulation (1) of regulation 64 of the Indian Electricity Regulations, 1956.

(e) In case this is not practically possible due to site conditions, the sub- station shall be located on the ground floor. As far as possible sub-station shall not be installed in a basement, for such situations special provisions like mechanical ventilation, wherever required, cable ducting, cable trays, top/bottom entry of HV/LV cable, hooks on Transformer(s) and HV panels, adequate fire detection and fire-fighting arrangement, adequate drainage, effective measures to prevent flooding shall be provided. Adequate precautions shall also be taken for water proofing to prevent seepage of water. A ramp shall also be provided with a slope, not steeper than 1 in 7, for easy movement of equipment to and from sub-station.

(vii) Fire regulations The installations shall be carried out in conformity with the local regulations and regulations made thereunder wherever they are in force. At other places the National Building Code of India shall be followed.

(viii) Gas supply:

(a) Town Gas / L.P. Gas Supply Pipes - Where gas pipes are run in buildings, the same shall be run in separate shafts exclusively for this purpose and these shall be on external walls away from the staircases. There shall be no interconnection of this shaft with the rest of the floors.

(b) LPG distribution pipes shall always be below the false ceiling. The length of these pipes shall be as short as possible. In the case of kitchen cooking range area, apart from providing hood, covering the entire cooking range, the exhaust system shall have to be designed to take care of 30 cubic meter per minute per square meter of hood protected area. It must have grease filters using metallic grill to trip oil vapours escaping into the fume hood.

(c) For large/commercial kitchens all wiring in fume hoods shall be of fiberglass insulation. Thermal detectors shall be installed into fume hoods of large kitchens for hotels, hospitals and similar areas located in high rise buildings. Arrangements shall be made for automatic tripping of the exhaust fan in case of fire.

(d) When LPG is used, the same shall be shut off. The voltage shall be of 24 V or 100 V DC operated with the external rectifier. The valve shall be of the hand re-set type and shall be located in an area segregated from cooking ranges. Valves shall be easily accessible. The hood shall have manual facility for steam or carbon dioxide gas injection, depending on duty condition; and Gas meters shall be housed in a suitably constructed metal cupboard located in a well-ventilated space, keeping in view the fact that LPG is heavier than air and town gas is lighter than air.

(ix) Boiler Room: Further, the following additional aspects may be taken into account in the location of Boiler/Boiler Room:

(a) The boiler shall not be allowed in sub-basement but be allowed in the first basements away from the escape routes.

(b) The boilers shall be installed in a fire resisting room of 4 hours fire resistance rating, and this room shall be situated on the periphery of the basement. Catch pit shall be provided at the low level. Entry to this room may be provided with a composite door of two hour fire resistance.

(c) The boiler room shall be provided with fresh air inlets and smoke exhausts directly to theatmosphere. 50 (d) Foam inlets shall be provided on the external walls of the building at the ground floor level to enable the fire services to use foam in case of fire.

(e) The furnace oil tank for the boiler, if located in the adjoining room shall be separated by fire resisting wall of 4 hour rating. Entry to this room shall be provided with a composite door of 2 hour fire resistance. A curb of suitable height shall be provided at the entrance in order to prevent the flow of oil into the boiler room in case of tank rupture.

Printed and Published by the Director, Directorate of Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 2470—173+1