Il­le­gal Lifts in Build­ing

Accommodation Times - - Legal - By Mr. He­mant Agar­wal [email protected]­iff­mail.com To read full ar­ti­cle visit - http:// ac­com­mo­da­tion­times.com

LIFTS IN­STAL­LA­TIONS IN SO­CI­ETIES:

01. Self-Sen­si­tis­ing, to­wards re­quire­ment of Lift-El­e­va­tor.

a) Till about 20 years ago, most res­i­den­tial build­ings in Mumbai, were upto Ground plus 3 or 4 sto­ried build­ings, wherein LIFT (El­e­va­tor) was not in­stalled, since at that time it was not con­sid­ered nec­es­sary and peo­ple pre­ferred to climb stairs, ir­re­spec­tive of all odds. Con­se­quent to the Life-Style changes, in­clud­ing phys­i­cal and men­tal ap­a­thy, cur­rently the Four storey build­ing res­i­dents have started to feel the need for hav­ing a LiftEl­e­va­tor in their build­ings.

b) Now with the ad­vent of newer build­ing tech­nolo­gies, High-Rise build­ings are con­structed, which, presently, go even beyond 50 storey's (Floors), which in turn made it, an law­fully es­sen­tial re­quire­ment (ser­vice), to have an Lift-El­e­va­tor in such High-Rise build­ings. This in turn, ob­vi­ously also meant higher main­te­nance costs for the Lifts (AMC & Spares), be­sides be­ing li­able for the con­sis­tently in­creas­ing Elec­tric­ity charges and ad­di­tion­ally also for the present Ser­vice Tax @ 12.36%, on such Lift Main­te­nance Costs & So­ci­ety Ser­vice Charges.

c) Sev­eral Lift Ac­ci­dents /In­ci­dents, in­volv­ing ca­su­alty to hu­man life, has al­ready been recorded by the News Pa­pers, more specif­i­cally in Mumbai and Pune. Ig­no­rant and In­no­cent Flat-Own­ers, read such pub­lished news, and im­pul­sively for­get to cross-check their own build­ings Lift, ap­ath­i­cally for­get­ting that their fam­i­lies stay in such build­ings and are us­ing the ill-main­tained and risky Lifts.

d) IF the Lift-El­e­va­tor is main­tained prop­erly with pe­ri­odic re­place­ment of spares and ac­ces­sories, . AND. IF the Lift is used in a sen­si­ble man­ner, THEN the cost of main­tain­ing the Lift is not ex­or­bi­tant, ALSO more so when com­pared to the in­valu­able sin­gle life, that we and our fam­i­lies have, . AND. fur­ther more so, when com­pared to the bro­ken bones and in­valid lives we shall be forced to live, due to the fall­ing Lifts.

IN­STALLING NEW LIFT IN NON-LIFT BUILD­INGS:

02. Non-Lift build­ings, can in­stall Lift- El­e­va­tor, in their build­ings, sub­ject to com­pli­ance of var­i­ous le­gal pa­ram­e­ters. FEW ba­sic re­quire­ments are as fol­lows:

a) New Lifts are al­lowed to be in­stalled ONLY on those le­gal-build­ings, which have duly ap­proved and sanc­tioned plans.

b) New Lift in­stal­la­tion per­mis­sions are granted ONLY to those le­gal-build­ings, who have duly been granted "Oc­cu­pancy Cer­tifi­cate" (means "OC").

c) Due Prior NOC is re­quired from the Fire Dept.

d) Build­ings Struc­tural Sta­bil­ity Re­port, by a duly regis­tered Struc­tural En­gi­neer.

e) Lat­est Draw­ings, from an regis­tered Ar­chi­tect, propos­ing Lift-In­stal­la­tion lo­ca­tion, in con­juc­tion with the sanc­tioned build­ings plans.

f) Prior per­mis­sion to erect new Lift and con­se­quent Lift Li­cense is to be ob­tained from the "In­spec­tor of Lifts"

PRI­VATE PUR­POSE LIFT-EL­E­VA­TOR:

03. It is per­fectly le­gal to have a sep­a­rate "Pri­vate Lift-El­e­va­tor", in­stalled for spe­cific Pri­vate us­age (in­clud­ing res­i­den­tial), sub­ject to com­pli­ance of var­i­ous le­gal pa­ram­e­ters.

a) The law pro­vides for in­stal­la­tion of Pri­vate Lifts, for Hos­pi­tals, Clin­ics, Com­mer­cial Of­fices, that may be law­fully op­er­at­ing from a Res­i­den­tial Build­ing. Pri­vate Lift, also can be in­stalled, for spe­cific floors and/or spe­cific res­i­dences, sub­ject to the sanc­tioned build­ing plans.

b) The So­ci­ety and its mem­bers, would have no le­gal-say, to refuse or ob­ject, to such in­stal­la­tions of sep­a­rate "Pri­vate Lift-El­e­va­tor". How­ever all nec­es­sary com­pli­ances un­der the De­vel­op­ment Con­trol Rules, Lift Act, MMC Act and the MRTP Act, would have to be com­plied.

BA­SIC LE­GAL SAFETY CRI­TE­RIA FOR LIFT-EL­E­VA­TOR:

04. The Lift-Owner (So­ci­ety) should en­sure the fol­low­ing:

a) Lift Main­te­nance (AMC) ven­dors, should be manda­to­rily li­censed and ap­pro­pri­ately ex­pe­ri­enced.

b) Lift should be fit­ted with an “Over-Load de­vice”, which should manda­to­rily func­tion when more weight (pas­sen­gers) are inside the lift. This means that the Lift should not start, “TILL” the Lift load is within the weight-bear­ing ca­pac­ity. The manda­tory and spec­i­fi­ca­tory re­quire­ments of the "Lift Load", should be printed / en­graved on a metal plate, and per­ma­nently riv­et­ted (af­fixed) inside the Lift-Cabin Walls.

c) Fire Ex­tin­guisher, inside the Lift is manda­tory.

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