Question 1

Our lift has been out of order for three weeks and the maintenance company says a part is "not available". What can the society do?

Accepted Answer

Hold the maintenance contractor to its contract: ask in writing for a dated repair plan, invoke any breakdown-response and penalty clauses, and if it cannot repair, get the part or the work from another approved contractor. Keep the lift switched off and logged while it is unsafe, and tell members in writing. The owner of a lift must have a contract with an approved contractor for its satisfactory maintenance, including repairing (Lifts Act 2017 s.18), and must keep a log book recording breakdowns (s.24). Lifts are on the society's repair list (BL 158(a)(xvi); dBL 45(b)(e)), and the draft makes the committee ensure maintenance contracts are renewed and statutory inspections done on time (dBL 164(b)). Steps: (1) write to the contractor citing the contract's response time and asking for the part's order date and a firm completion date; (2) ask whether the part is obsolete — for older lifts, modernisation may be the real answer (safety_fire_lift-305); (3) if the contract allows, deduct or withhold charges for the down-time; (4) get a second approved contractor's quote — a repair within the committee's spending limit needs no general body (Rule 106C-13(5)(b)); (5) do not let anyone bypass safety devices to run the lift, and do not change capacity, speed or stops without the Electrical Inspector (Lifts)'s written permission (s.10); (6) help elderly and disabled residents in the meantime (staff to carry goods, temporary access plan). Lift repair costs are shared equally by the flats in the building served (Rule 106C-12(4) item 4). A contractor's persistent failure can be reported to the Electrical Inspector (Lifts).

Question 2

We are unhappy with our lift maintenance company. Can we end the contract midway and switch to another firm?

Accepted Answer

Yes, as the contract allows — usually by written notice for the notice period, or at once for a serious breach. The new firm must be an approved (licensed) lift contractor and must take over before the old contract ends, because a lift cannot lawfully run without a maintenance contract. Every lift owner must keep a maintenance contract with an approved contractor (Lifts Act s.18); the contractor holds a licence for erection and maintenance (s.5) and can be prosecuted if an accident is due to its failure (s.25). Procedure: (1) read the termination clause — notice period, lock-in, refund of advance, handover of keys, drawings, controller passwords and spare parts; (2) record the grounds in the committee minutes with the log-book entries of repeated breakdowns (s.24); (3) invite quotations from at least two or three approved contractors (the draft asks for fair, transparent and competitive processes, dBL 147(g)); a contract above the general body's no-tender limit needs tenders and general-body approval (BL 156(c)); (4) have the new contractor survey the lift and certify its condition at takeover, so later defects are not blamed on it; (5) issue the termination notice only once the new contract's start date is fixed; (6) inform the Electrical Inspector (Lifts) if the lift licence or rules require the contractor's details. Some manufacturers lock controllers — check that the new firm can service the model. AMC records are kept 5 years and inspection records 10 years under the draft (dBL 138).

Question 3

The Electrical Inspector (Lifts) has ordered our lift to be stopped until repairs are done. What must we do, and can we appeal?

Accepted Answer

Stop the lift immediately and keep it stopped: the order must be obeyed even if you appeal, unless it is stayed. Carry out the directed repairs within the time given and report compliance in writing. Running a lift against the order can lead to it being sealed and to prosecution. If an inspection finds a lift unsafe, the Electrical Inspector (Lifts) may direct the owner to carry out repairs or alterations within a set period and order its use discontinued until the unsafe condition is removed; the owner must comply and report compliance in writing (Lifts Act s.21). A lift found in use without compliance may be sealed (s.22). An appeal against the Inspector's order lies to the Chief Electrical Inspector within 30 days, but an order to discontinue use must be complied with unless the Chief Electrical Inspector stays it (s.20(2)); against a sealing order, appeal lies to the Government (s.22(2)). Contravening the Act or a direction is punishable with a fine up to ₹50,000 and up to ₹1,000 a day for a continuing contravention (s.32). Steps: (1) switch off at the machine room, post a notice at every landing and enter it in the log book (s.24); (2) give the order to the maintenance contractor for a quotation and schedule; (3) approve the cost within the committee's limit or call a general body (Rule 106C-13(5)(b)); (4) after repairs, send the compliance report and request re-inspection; (5) resume only with written clearance where the order requires it.

Question 4

We have just taken over from the builder and cannot find any lift licence. Can we keep running the lift?

Accepted Answer

Legally a lift may be worked only under a licence. Ask the builder in writing for the licence and the last inspection report at once; if none exists, apply to the Electrical Inspector (Lifts) through an approved contractor. Until then the committee carries the risk of running an unlicensed lift. A new lift needs permission to erect and, within a month of erection, an application for a licence to work it (Lifts Act ss.4, 7); the licence is valid for 20 years and renewable (s.8); no lift may be worked except under and in conformity with its licence (s.11); contravention is punishable (s.32). The society becomes the owner responsible for these duties once it takes over the building. Steps: (1) write to the promoter asking for the lift permission, licence, fitness certificate, last periodical inspection report, maintenance contract and log book — these belong with the handover documents; (2) if they exist but are in the builder's name, ask the Inspector's office how the licence is transferred to the society; (3) if no licence was ever obtained, have an approved contractor inspect and apply for one, and record the committee's decision on whether to keep the lift in service meanwhile; (4) enter the licence and inspection dates in the Structural and Fire Audit Register and Lift Inspection Record (2014 register no. 14; dBL 75(c)); (5) the cost of rectifying the builder's default can be claimed from the promoter — see builder_handover entries. Also ensure third-party passenger insurance (s.23).

Question 5

Our lift is 25 years old. What approvals and steps are needed to replace or modernise it?

Accepted Answer

Get an approved contractor's condition report, decide between full replacement and modernisation, obtain the general body's approval of the cost and funding, and obtain the Electrical Inspector (Lifts)'s permission — a new lift needs erection permission and a new licence, and any change in capacity, speed or stops needs prior written permission. The Act lets an owner replace a lift after 20 years of its installation or as the Inspector directs (Lifts Act s.27); the Inspector may also make major modernisation a condition of licence renewal (s.8(5)). Additions or alterations that change capacity, speed or stops need the Inspector's prior written permission (s.10); a new lift needs permission to erect and a licence to work (ss.4, 7). Under the 2026 Rules the charge head for lifts expressly includes "installation of new lifts", shared equally by the flats in the building served (Rule 106C-12(1)(d), (4) item 4). Steps: (1) have two approved contractors survey and report on the machine, controller, ropes, doors and safety gear; (2) prepare a specification — automatic rescue device, door sensors, emergency alarm and communication are sensible items; (3) invite tenders if above the general body's limit (BL 156(c); dBL 147(g)); (4) place the choice, cost and funding (sinking fund, major repair fund or special levy) before the general body; (5) the contractor applies for permission and, after erection, the licence; (6) plan the shutdown period and help for elderly residents. See safety_fire_lift-008 on who pays.

Question 6

Our old four-storey building has no lift. Can the society install one, and can ground-floor members refuse to pay?

Accepted Answer

Yes, the general body can decide to install a lift, subject to municipal building permission, a structural check and the Electrical Inspector (Lifts)'s permission. Under the 2026 Rules the cost of installing a new lift is shared equally by the flats in the building, so ground-floor members share it unless the general body lawfully decides otherwise. The 2026 Rules list among the society's charges "expenses on repairs and maintenance of the lifts of the society, including charges for running the lift or installation of new lifts", apportioned "on the basis of unit or flat, equally divided by the number of units or flats of the building in which lift is provided" (Rule 106C-12(1)(d), (4) item 4). The 2014 bye-laws already made lift expenses payable equally whether members use the lift or not (BL 66(a)(iv)). Steps: (1) an architect checks space (stair well or external shaft), structure and whether the corporation will permit it, including any open-space or FSI effect; (2) the general body approves the proposal, estimate and levy; (3) the architect obtains building permission; (4) an approved lift contractor obtains erection permission and, after installation, the licence (Lifts Act ss.4, 7); (5) fix running costs and the maintenance contract (s.18). Because this is a new facility rather than a repair, some ground-floor members argue they should pay less; the Rule's equal-share basis is the default and a different split should be agreed openly at the general body. A dispute over the levy goes to the Co-operative Court (s.91).

Question 7

Children play in the lift and delivery staff overload it. Can the committee make lift rules and fine people who break them?

Accepted Answer

Yes, the committee regulates the operation of lifts and can frame reasonable rules — age limits for unaccompanied children, load limits, goods in the service lift only. Under the draft 2026 bye-laws minor misuse is a Category I violation (warning, then a general-body-approved penalty); damage is recoverable. The committee "shall regulate the operation of the lifts ... taking into consideration the convenience of the majority of the Members" (BL 166). The draft lets the society regulate common amenities by timings, safety norms and guidelines (dBL 171(c)), forbids tampering with lifts (dBL 166(a)(v)) and misuse of lifts (dBL 174(b)(iv)), and classes minor misuse of lifts not resulting in damage as a Category I violation (dBL 175(a)(vii)): record it, warn on first instance, then notice and a penalty the general body has approved (dBL 176); cleaning and restoration costs are recoverable separately (dBL 176(e)). Damage to lifts is a Category II violation with restoration at the member's cost (dBL 177(a)(v), 178). Practical rules to display in the car and lobby: rated load and persons, no jumping or pressing all buttons, children below a stated age with an adult, no smoking, pets on a short leash, goods and renovation material only when the lift is padded. A fine can be charged only to a member (who is answerable for his family, tenants and visitors); for delivery staff the remedy is instructions to the guard and to the member who ordered. Do not restrict domestic workers' or delivery staff's use in a discriminatory way (security_gate-007).

Question 8

We have not filed Fire Form B for several years. How do we catch up, and what is our exposure?

Accepted Answer

Engage a Licensed Agency now to inspect and test the fire systems, repair what it finds, and issue the maintenance certificate; file it with the fire authority and diarise January and July from then on. The past lapse can be prosecuted under the Fire Act, so fix the systems first — the fire service may inspect, issue a notice and in the end seal the premises if work is not done. The Fire Act requires the owner or occupier to keep the fire-prevention and life-safety measures in good repair and efficient condition at all times and to furnish a maintenance certificate from a Licensed Agency twice a year, in January and July (Fire Act 2006 s.3(1), (3)); see safety_fire_lift-001. Failure to maintain the equipment is an offence carrying rigorous imprisonment of six months to three years and a fine of ₹20,000–50,000 (s.36(1)(a)(i)); not furnishing the certificate falls under the residuary offence in s.36(2)(c). The Chief Fire Officer may inspect (s.5), serve a notice of measures required (s.6) and seal on non-compliance (s.8). The bye-laws make periodical fire audit and its record a society duty (BL 75(c); dBL 75(b)), and the draft asks the committee to see statutory certificates renewed in time (dBL 164(b)). Catch-up steps: (1) committee resolution to regularise; (2) take two or three quotations from Licensed Agencies for inspection, repairs and the certificate; (3) repair pumps, hydrant valves, hoses, alarm panels and extinguishers the agency lists — spend within the committee's limit or seek the general body (Rule 106C-13(5)(b)); (4) file the certificate through the fire authority's portal or office (for Mumbai, the MCGM fire portal); (5) record the lapse, the work done and filing dates in the Fire Audit Register; (6) budget for the half-yearly cycle. Filing late certificates does not undo past offences, but prompt rectification is the best protection for office-bearers.

Question 9

The builder handed over the building but the fire pumps, hydrants and sprinklers were never made to work. Who has to pay to commission them?

Accepted Answer

The promoter was bound to provide the fire systems before the completion certificate, so the cost of making them work as sanctioned is first a claim against him. But the society, as owner or occupier now, carries the duty to keep them in working order, so it should get them working and pursue the builder in parallel rather than wait. The Fire Act requires the owner to provide the fire prevention and life-safety measures specified in Schedule I or the fire-safety approval, and says no authority shall issue a completion certificate unless satisfied that the owner has complied (Fire Act 2006 s.3(1), (2)). A Licensed Agency must certify compliance (s.3(3)). Once the society takes over, the owner or occupier must maintain the systems in good repair and efficient condition at all times (s.3(1)); failure is an offence (s.36(1)(a)(i)). Fire systems are on the society's repair list under the draft (dBL 45(b)(l)). Steps: (1) collect from the promoter the fire-safety approval, the fire NOC or final fire certificate, the Licensed Agency's compliance certificate and the equipment drawings; (2) have a Licensed Agency survey and list what is missing or not working; (3) serve the promoter a written demand to rectify within a fixed time, citing his agreement and the approval; (4) if he fails, the general body decides to carry out the work (within the committee's limit or with sanction, Rule 106C-13(5)(b)) and to recover the cost from him — as a structural or workmanship defect under RERA where the defect-liability period is running, or otherwise before the consumer commission or civil court (see builder_handover entries); (5) file the first Form B once the systems work.

Question 10

During a water shortage, can we use the fire-fighting tank for domestic supply, or switch off the fire pump to save power?

Accepted Answer

No. The fire tank and fire pumps must be kept full and working at all times. Drawing domestic water from the fire reserve or switching off the fire pump disables life-safety equipment, which the Fire Act forbids, and a fire at that moment would find the system empty. The owner or occupier must keep the fire prevention and life-safety measures "in good repair and efficient condition at all times" (Fire Act 2006 s.3(1)); no person may tamper with, alter, remove or damage such equipment (s.3(4)). Tampering is an offence punishable with rigorous imprisonment of six months to three years and a fine of ₹20,000–50,000 (s.36(1)(a)(ii)), and is cognizable and non-bailable (s.37). The draft bye-laws forbid tampering with fire systems and pumps (dBL 166(a)(v)) and misuse of fire-fighting systems (dBL 174(b)(iv)), and damage to them is a serious violation (dBL 177(a)(v)). What to do instead: (1) keep the fire tank's valves sealed and logged; the guard checks the level and the jockey pump pressure daily; (2) for shortage, buy tankers for the domestic tanks (utilities_environment-301); (3) if the fire pump's electricity bill or the jockey pump's frequent cycling is the concern, have the Licensed Agency check for leaks in the hydrant line, which is the usual cause; (4) any shutdown for repair should be short, done by the Licensed Agency, with the fire brigade number and extinguishers ready.

Question 11

Can the society ban bursting firecrackers in the compound, on the terrace and in the parking area?

Accepted Answer

The society can regulate the use of its common areas for safety, so a general-body or committee rule restricting firecrackers — to a named open spot and hours, or banning them near parking, the transformer, gas lines and the terrace — is reasonable. It must apply to everyone alike and be notified in advance. Under the draft 2026 bye-laws the use of common areas and amenities is subject to timings, safety norms and reasonable guidelines framed by the committee or approved by the general body (dBL 171(c)); no one may use a common area in a way that causes risk or damage (dBL 171(d)); no one may keep dangerous or combustible substances beyond normal domestic use (dBL 51(b)); obstructing fire exits, refuge areas or fire equipment is prohibited (dBL 174(b)(iii)). The 2014 bye-laws forbid storing combustible goods that need a permit without the committee's permission (BL 47) and let the general body regulate games and activities in open spaces (BL 167). Public restrictions on firecrackers — hours, noise and pollution limits, and any ban notified by the State, the police or a court for a season — apply on society premises too and override anything more permissive. A sensible rule: one open, supervised spot away from parked vehicles and meter rooms; buckets of water and sand; no rockets from terraces or balconies; guards told to stop use elsewhere. Under the draft, nuisance or breach of the society's rules is a Category I violation (warning, then penalty: dBL 175-176), while storing dangerous materials or endangering life or safety is a Category II violation (dBL 177(a)(ix), (xii)); damage to common property is recoverable (dBL 176(e), 180(b)).

Question 12

Our meter room is full of junk and the common wiring is 30 years old. Whose job is it, and does the building need an electrical safety check?

Accepted Answer

The common electrical system up to each flat's main switch — meter room, risers, common wiring, earthing, lightning protection — is the society's to maintain. Clear the meter room now (it is a fire risk), and have a licensed electrical contractor or chartered electrical safety engineer inspect and test the common installation, then plan rewiring through the general body. The 2014 list makes "electric lines upto main switches in the flats" a society repair (BL 158(a)(xv)); the draft names the transformer, HT/LT panels, meter room, common distribution boards, risers, common wiring, earthing, lightning protection, generators and solar systems (dBL 45(b)(k)). Members maintain wiring beyond the common supply point (dBL 46(b)(c)). The draft requires statutory inspections and certificates to be kept current (dBL 164(a)-(b)) and keeps fire, lift and electrical inspection records for 10 years (dBL 138). Storing goods in the meter room breaches the ban on encroaching common areas (BL 168(a)) and on obstructing electrical rooms (dBL 78(b), 174(b)); the fire officer can direct removal of goods that cause fire risk (Fire Act s.4(2)). Practical steps: (1) empty the meter room, lock it and keep keys with the manager (ops-010); (2) get an inspection report covering insulation, earthing, loose joints, overloaded MCBs and cable condition; (3) fix urgent items within the committee's limit; (4) put a phased rewiring plan with cost and funding before the general body (Rule 106C-13(5)(b)); (5) coordinate with the distribution company for anything on its side of the meter. Periodic inspection requirements under central electricity safety regulations depend on voltage and load and should be confirmed with the Electrical Inspector.

Question 13

Members want piped natural gas. Can the society allow the gas company to run pipes on the external walls, and who pays?

Accepted Answer

Yes, the general body can permit the gas company to lay risers on the building's external walls and common areas, on terms that protect safety and waterproofing. The connection charges and internal piping are each member's cost; the society's cost is limited to supervision and making good common areas, unless the general body decides otherwise. External walls and common areas belong to the society and are maintained by it (BL 158(a)(xiii); dBL 45(b)(c)), so no one may fix pipes to them without the society's permission; a member cannot give it alone. Under the draft, work affecting common areas, the external façade or utility services needs the society's prior written permission (dBL 48(b)), no one may make an unauthorised installation or alteration in common areas (dBL 166(a)(iii)), and no installation may affect structural stability, waterproofing, fire safety or emergency access (dBL 174(a)). Steps: (1) the committee invites the city gas distributor to survey and propose a riser route; (2) the general body approves the route, terms and whether connection is optional for each flat; (3) the society signs a simple permission letter covering safety, restoration of plaster and waterproofing, access for maintenance, and the company's liability and insurance; (4) each member applies and pays the company for his connection and internal piping; (5) keep the gas company's emergency number with the guard and in the emergency plan (BL 159(b); dBL 162-163). Gas pipes must not run through lift shafts, electrical ducts or staircases used for escape; the gas company's own standards govern this.

Question 14

A member keeps several LPG cylinders and runs a home catering business from the flat. Can the society stop it?

Accepted Answer

The society can act if the storage goes beyond normal domestic use or creates a fire risk, and if the flat is being used for a purpose other than residence without permission. It should serve a notice to reduce storage and stop the hazardous use, and inform the fire authority if the risk continues. The 2014 bye-laws forbid a member, without the committee's written permission, to store combustible goods or goods that need a permit or sanction under any law (BL 47), and forbid using the flat for a purpose other than that allotted without the committee's written consent (BL 74(e)); the extra insurance premium caused by commercial goods falls on those responsible (BL 66(a)(xi); Rule 106C-12(4) item 9). The draft allows inflammable substances only "in such quantity and manner as may be reasonably required for normal domestic use" (dBL 51(b)), and treats storage of dangerous materials as a serious violation (dBL 177(a)(ix)). The fire officer can direct removal of goods likely to cause fire risk and seize them on failure (Fire Act s.4(2)). Steps: (1) inspect with the member's consent or after notice and record the number of cylinders and the cooking set-up; (2) serve a notice to reduce to normal domestic storage and stop commercial cooking, with a hearing; (3) if he continues, report to the fire authority and, for change of use, to the municipal ward office; (4) recover any extra insurance premium. A small home business that does not add risk, nuisance or visitors may be treated differently under a general-body policy.

Question 15

A fire in one flat blackened the staircase and damaged the flats above. Who pays for the repairs?

Accepted Answer

The society repairs the common areas and structure and claims on its building insurance. If the fire was caused by a member's negligence, the society and the affected members can recover their losses from him. Each member's own interiors and belongings are for his own contents insurance or his claim against the person responsible. The society must insure its buildings against fire and similar risks (BL 159(a)); the premium is shared by carpet area (Rule 106C-12(4) item 9). Staircases, walls and structure are society repairs (BL 158(a); dBL 45(b)). The draft makes a member liable for loss or damage caused by his act to society property, recoverable from him (dBL 166(b)), and requires members to prevent fire hazards in their flats (dBL 44(d), 46(c)). Steps: (1) make the building safe; have the structural engineer check slabs and beams exposed to heat; (2) notify the insurer at once and follow the claim process (insurance_property_tax-004); (3) get the fire brigade's report on the cause; (4) repair common areas — urgent work within the committee's limit (Rule 106C-13(5)(b)); (5) if the report shows negligence (unattended appliance, faulty wiring the member had been told to fix), the committee may, after a hearing, recover the uninsured part from him as dues, and the insurer may pursue him for what it paid. Disputes go to the Co-operative Court (s.91). Also check the fire systems: extinguishers used and hydrants opened must be refilled and recertified before the next Form B.

Question 16

If someone is hurt in a lift or a fire because maintenance was neglected, can committee members be held personally liable?

Accepted Answer

They can be exposed. The Lifts Act and the Fire Act both make the owner or occupier responsible, and both reach the persons in charge of a body that commits an offence unless they show it happened without their knowledge or despite due diligence. Keeping contracts, inspections, certificates and minutes up to date is the committee's protection. Lifts: the owner must keep a maintenance contract and log book, obtain inspections and report accidents (Lifts Act ss.15, 17, 18, 24); the maintenance company can also be prosecuted if an accident is due to its failure (s.25). Where an offence is committed by a company — defined to include "any association of persons or body of individuals" — every person in charge of and responsible for its business is deemed guilty, unless the offence was committed without his knowledge or he exercised all due diligence (s.33). Fire: failure to provide and maintain fire equipment is punishable with rigorous imprisonment of six months to three years and a fine (Fire Act s.36(1)); s.38 has a similar provision for offences by companies. Under the MCS law committee members also answer to the society for loss caused by negligence or breach of duty (s.88 surcharge). Protection: (1) a current lift AMC with an approved contractor and a yearly inspection; (2) Form B every January and July; (3) the structural audit on its cycle; (4) prompt action and written notices when defects are reported; (5) minutes showing decisions and reasons; (6) third-party and lift insurance (Lifts Act s.23; BL 159(a)). Office-bearers facing a notice should consult an advocate.

Question 17

We lock the terrace door to stop misuse and suicides, but members say it must stay open for fire escape. What is the right arrangement?

Accepted Answer

Where the terrace or a refuge area is part of the building's escape route, it must be reachable without a key in an emergency. The usual answer is a door that opens from the stair side without a key (panic bar or break-glass key box) and an alarm, rather than a padlock. Check the fire-safety approval for what your building requires. The Fire Act requires the measures in the building's fire-safety approval to be kept in efficient condition at all times, and forbids anyone to tamper with or alter them (Fire Act 2006 s.3(1), (4)). The draft bye-laws forbid obstructing staircases, terraces, refuge areas, fire exits or emergency access routes (dBL 166(a)(iv), 174(b)(iii)) and require the emergency plan to cover evacuation routes and assembly points (dBL 162(b)(ii)). In Mumbai, DCPR 2034 says common terraces shall be accessible by a common staircase or lift and shall not be sub-divided (Reg. 37(22)). Balancing security and escape: (1) look at the approved plans and fire-safety approval — high-rise buildings have refuge areas and sometimes rely on the terrace; (2) replace padlocks with a lock openable from the inside without a key, or a key in a break-glass box at the door, with a local alarm or CCTV; (3) keep a duplicate key with the guard at all times (ops-010); (4) put the arrangement in the emergency plan and fire drill; (5) ask the Licensed Agency to note it in the Form B inspection. A fire officer who finds an escape route locked can serve a notice and treat it as non-compliance.

Question 18

How often must fire extinguishers be refilled or replaced, and what should the society record?

Accepted Answer

Follow the Licensed Agency's schedule and the Indian Standard for extinguisher maintenance: a monthly visual check by staff, periodic servicing and refilling by the agency, refilling immediately after any use, and pressure testing at the intervals the standard sets. Record each check on the tag and in the Fire Audit Register; the half-yearly Form B certificate covers them. The law's requirement is outcome-based: the fire systems must be in good repair and efficient condition at all times and certified by a Licensed Agency every January and July (Fire Act 2006 s.3(1), (3)); only a Licensed Agency may do the work of providing fire measures (s.10(1); offence under s.36(1)(f)). The detailed intervals come from the Indian Standard on selection, installation and maintenance of portable extinguishers, which the agency applies. A practical routine: (1) monthly — guard checks each extinguisher is in place, unobstructed, the pressure gauge in the green, seal and pin intact, tag initialled; (2) every service visit — the agency inspects, weighs CO2 units and refills where needed; (3) after any use — refill before returning it to its post; (4) hydraulic pressure tests and replacement at the intervals in the standard. Records: the Fire Audit Register (2014 register no. 14; dBL 75(b)) with dates, serial numbers, work done and the agency's invoices; the draft keeps fire inspection records 10 years (dBL 138). Place the right type near the risk: CO2 or clean-agent near the meter room and lift machine room, ABC powder in corridors and parking.

Question 19

For fire safety, lifts and emergency planning, what changed between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

The statutory duties come from the Fire Act and the Lifts Act and did not change. The 2014 bye-laws required periodical fire audit, lift inspection and an emergency plan; the 2026 Rules add that lift charges include installing new lifts; the draft 2026 bye-laws add yearly lift inspection, compliance records, a yearly review of the emergency plan, emergency contacts, safety registers and penalties for misuse or obstruction. 2014 bye-laws: periodical fire audit per the State fire policy and lift inspection, with records (BL 75(c)-(d)); a Structural and Fire Audit Register and Lift Inspection Record (register no. 14); compulsory building insurance and an Emergency Planning Scheme discussed at the general body and displayed on the notice board (BL 159); the committee regulates lifts (BL 166); lift costs shared equally, users or not (BL 66(a)(iv)). 2026 Rules (Chapter XI-B, binding from 22 Jun 2026): lift charges cover repairs, running and "installation of new lifts", shared equally by flats in the building (Rule 106C-12(1)(d), (4) item 4); insurance by carpet area (item 9). Draft 2026 bye-laws: fire audit with timely compliance of deficiencies (dBL 75(b)); lift inspection every year by the competent authority and compliance reports (dBL 75(c)); emergency plan covering risks, evacuation, contacts, duties and equipment, reviewed every co-operative year and placed before the general body, with drills (dBL 162); emergency contact lists with staff (dBL 163); statutory renewals and reporting of serious risks (dBL 164); safety records and SOPs (dBL 170); obstruction of fire exits or damage to lifts and fire systems as serious violations (dBL 177); retention of fire, lift and electrical records for 10 years (dBL 138). Outside the bye-laws: Form B every January and July (Fire Act s.3(3)); lift licence, annual inspection and maintenance contract (Lifts Act ss.8, 17, 18).

Question 20

Our lift keeps stopping between floors and the committee does nothing. Can I complain directly to the Electrical Inspector (Lifts)?

Accepted Answer

Yes. Complain first to the committee in writing so there is a record, but the Electrical Inspector (Lifts) can inspect any lift, direct repairs within a set time and stop its use if it is unsafe. A member may bring an unsafe lift to the Inspector's notice at any time. The Inspector or an authorised officer may enter any building to inspect a lift, and the owner must give all facilities and produce the maintenance contractor if asked (Lifts Act ss.13-14). If the lift is found unsafe, the Inspector may direct repairs within a set period and order its use discontinued until then (s.21), and may seal it if the direction is not carried out (s.22). The owner must keep a log book of breakdowns and accidents, which the Inspector may inspect (s.24). Inside the society: under the draft a complaint about safety or essential services is to be dealt with on priority, as far as practicable within 7 days (dBL 186(d)(ii)), and the committee must keep statutory inspections and maintenance contracts current (dBL 164(b)). What to do: (1) write to the Secretary listing the dates of breakdowns and asking for the log-book entries, the AMC and the last inspection report (records a member may inspect); (2) if nothing happens, write to the Electrical Inspector (Lifts) for your district with the same details; (3) if the society ignores the Inspector's directions, the Registrar can be asked to act on the committee's failure, and loss caused by neglect can be taken to the Co-operative Court (s.91). In an entrapment, call the fire brigade (safety_fire_lift-201).

Question 21

Sparks and burning smells come from a neighbour's flat wiring, and he ignores us. Can the society enter or cut his supply?

Accepted Answer

In a real emergency — smoke, sparking, a fire starting — the society may enter to the extent needed to remove the danger and can isolate the supply at the common panel, then call the distribution company and fire brigade. Otherwise it must give notice, direct repairs within a time, and do the repair at the member's cost only after notice and a hearing. It cannot cut power as a punishment. Wiring inside a flat beyond the common supply point is the member's (BL 158(b); dBL 46(b)(c)); he must promptly repair defects that may cause a fire hazard and must not neglect repairs so as to endanger the building (dBL 46(c)-(d)). The 2014 bye-laws let the committee serve a notice and, on failure, have the repairs done through its architect and recover the cost (BL 46(c)). The draft allows the society, where a member fails to act after reasonable notice and the failure endangers the building or others, to carry out repairs and recover the actual cost as dues after a hearing, except in emergencies (dBL 46(e), 50(d)); in an emergency involving danger to life or property, fire or failure of essential services, it may enter without prior notice to the extent reasonably necessary (dBL 50(e)). Steps: (1) if there is smoke or sparking now, call the fire brigade, switch off that flat's supply at the meter-room isolator, and record the time and witnesses; (2) otherwise serve a written notice with a licensed electrician's report and a deadline; (3) after the deadline, hold a hearing and have the work done at the member's cost; (4) do not disconnect supply to press for dues or compliance (defaulters_recovery-003) — isolation is only for immediate danger and must be restored once safe.

Question 22

What should the Structural and Fire Audit Register and Lift Inspection Record actually contain?

Accepted Answer

One place that shows, for each audit, inspection and certificate, what was done, by whom, when, what was found, what was fixed and when the next one is due — with the reports and certificates attached. It is a statutory register under the 2014 bye-laws and kept under the draft 2026 bye-laws too. The 2014 bye-laws list "The Structural and Fire Audit Register and Lift Inspection Record" among the society's registers (register no. 14) and require records of structural audit, fire audit and lift inspection (BL 75(b)-(d)). The draft keeps the register and requires audit and compliance records, timely compliance of fire deficiencies and yearly lift compliance reports (dBL 75(a)-(c)); structural audit reports are permanent records, and fire, lift and electrical inspection records are kept 10 years (dBL 138). Suggested columns: Structural — building/wing, age, audit date, engineer and panel number, classification or key findings, general-body resolution date, works done, completion certificate, next due date (5 or 3 years, BL 75(a)). Fire — Form B dates (January, July), Licensed Agency and licence number, defects listed, rectification date, filing acknowledgement, any fire-officer notice and reply. Lifts — each lift's licence number and validity, renewal date, annual inspection date and report, maintenance contractor and contract period, accidents and reports to the Inspector (Lifts Act s.15), insurance policy (s.23). Keep the log book (s.24) separately with the lift. Enter items as they happen; never overwrite — add a new line that refers to the earlier one.

Question 23

A member's furniture shifting dented the lift doors and broke the car panel. Who pays for the repair?

Accepted Answer

The member whose goods or workers caused the damage. The society should repair the lift promptly through its maintenance contractor and recover the cost from that member after giving him a chance to be heard. Lifts are the society's to repair (BL 158(a)(xvi); dBL 45(b)(e)), but a member is liable for damage he or those working for him cause. The draft says loss, damage or expense caused by damaging or misusing society property "may be recovered from the concerned Member or person responsible" (dBL 166(a)-(b)); damage to lifts is a serious violation, with restoration costs recoverable as dues after notice (dBL 177(a)(v), 178(f)); and a member is responsible for damage caused during his works (dBL 48(g)). Steps: (1) the guard notes the time, flat and movers in the gate register and photographs the damage; (2) switch the lift off if doors or safety devices are affected, and enter it in the log book (Lifts Act s.24); (3) get the contractor's report and estimate; (4) send the member the report, estimate and a date to respond; (5) after his reply, bill the actual cost with his maintenance. Prevention: a shifting policy requiring advance booking, lift padding, the service lift where there is one, and a supervisor present. A dispute over the amount goes to the Co-operative Court (s.91).

Question 24

Half the staircase lights and the emergency lights do not work. Whose duty is it, and what should be in place?

Accepted Answer

The society's. Staircase and common lighting are on the society's repair list, and emergency lighting is part of the fire and life-safety systems that must work at all times. Fix them at once from the repairs fund and add them to the daily or weekly staff checklist. The 2014 list names "stair-case lights" and "street lights" as society repairs (BL 158(a)(xi)-(xii)); the draft lists common circulation areas and "fire prevention, fire detection, fire alarm, fire-fighting, sprinkler, hydrant, smoke extraction, emergency lighting and all other statutory fire safety systems" (dBL 45(b)(d), (l)). Where emergency lighting is part of the building's fire-safety measures, it must be kept in efficient condition at all times and is covered by the Licensed Agency's half-yearly certificate (Fire Act 2006 s.3(1), (3)). Common electricity is a service charge shared equally (Rule 106C-12(2)(k), (4) item 1). Practical checklist: every evening the guard walks the stairs and lobbies and notes failed fittings; the electrician fixes them within a day or two; monthly, test emergency lights by switching off mains; keep exit signs lit; use LED fittings with motion sensors on low-use landings to save power without leaving stairs dark. Poor lighting on stairs is also a common cause of falls — the draft treats safety complaints as urgent (dBL 186(d)(ii)).

Question 25

Someone is trapped in the lift. What should the guard or staff do?

Accepted Answer

Talk to the people inside and keep them calm; tell them help is coming and not to try to open the doors. Call the lift maintenance contractor's emergency number at once. Only a person trained and authorised by the contractor should do a manual rescue. If anyone is unwell, or help is delayed, call the fire brigade (101 or 112). Afterwards, write the breakdown in the lift log book. The owner must keep a maintenance contract with an approved contractor (Lifts Act 2017 s.18) and a log book for each lift recording breakdowns and accidents (s.24). If anyone is injured, the owner must report the accident to the Electrical Inspector (Lifts), and the lift must not be interfered with or used again without the Inspector's written permission (s.15). See safety_fire_lift-007. Steps for staff (good practice): 1. Find out which lift and floor; speak through the intercom or door; ask how many people and
   whether anyone is unwell (children, elderly, heart or breathing problems).
2. Call the AMC emergency number (display it at the gate and in each lift). 3. Put an "out of order" sign on every landing door of that lift. 4. Do not prise open the doors, climb on the car or go into the machine room unless trained
   and authorised by the contractor. Untrained rescue causes serious injuries.
5. If help will be late, or anyone is in distress, call 101/112 for the fire brigade and 108
   for an ambulance.
6. After release: note the times, cause and names in the log book; keep the lift shut until
   the contractor certifies it; inform the Secretary.

Question 26

There is a fire in the building. What should the guard and staff do first?

Accepted Answer

Raise the alarm, call the fire brigade on 101 or 112 with the exact address and floor, and get people out by the stairs, never the lift. Tackle a fire only if it is small and you are trained, with the right extinguisher and an escape route behind you. Keep the gate and the fire-engine access clear, and guide the fire brigade to the spot and to the hydrant and pump. The owner or occupier must keep fire-prevention and life-safety measures in working order and certify them twice a year in Form B (Fire Act 2006 s.3(3); BL 75(c); see safety_fire_lift-001). The emergency plan and important numbers must be on the notice board (BL 159(b)). First actions (good practice): 1. Shout "fire", press the nearest manual call point or sound the alarm. 2. Call 101/112: society name, full address, wing and floor, what is burning, whether anyone
   is trapped.
3. Send lifts to the ground floor and stop their use if the building's system does not do it. 4. Help people leave by the staircases to the assembly point; check refuge floors; help the
   elderly and disabled.
5. Use an extinguisher only on a small fire: pull the pin, aim at the base, squeeze, sweep.
   Never use water on electrical or oil fires.
6. Switch off the gas supply at the main valve if safe; switch off electricity to the affected
   area only if it can be done safely.
7. Open the gate, move parked cars from the fire-tender route, meet the fire brigade and show
   them the hydrant, the fire pump and the location.
8. Do not let anyone go back in until the fire officer says it is safe. Afterwards, inform the insurer and keep photographs, and have the systems re-checked.

Question 27

How do we plan and run a fire drill in the society?

Accepted Answer

Plan it with the fire-systems agency: fix a date, tell members in advance, test the alarm, pump and hydrant, and have everyone leave by the stairs to the assembly point while staff check each floor. Time it, note what went wrong, and fix it. A half-yearly drill alongside the Form B inspection is a sensible society policy; the bye-laws require an emergency plan discussed with members. BL 159(b) requires the committee to prepare an emergency planning scheme (risks, response machinery, important telephone numbers), discuss it at the general meeting, display it and keep it up to date. The Fire Act requires the systems to be kept in working order and certified in Form B every January and July (safety_fire_lift-001). The regime profile sets a half-yearly drill and equipment check as a society routine. A simple drill plan: - before: notice to members a week ahead; assign floor wardens (a staff member or volunteer
  per wing); check that staircases and refuge areas are clear (safety_fire_lift-004);
- during: sound the alarm; everyone leaves by the stairs; wardens check each floor and report
  to the assembly point; a headcount; the agency runs the fire pump and a hydrant or hose reel;
- after: note the time taken, doors that did not close, alarms not heard, blocked exits;
  record it in the Structural and Fire Audit Register (BL 140(14)) with photographs.
Invite the local fire station if they are willing. Train guards to use extinguishers and to call the fire brigade.

Question 28

Someone collapses or is badly hurt in the society premises. What should staff do?

Accepted Answer

Call an ambulance (108 or 112) and the person's family at once. Keep the person where they are unless there is danger, and do not give food, water or medicines. If a trained resident or doctor lives in the society, call them. Keep a lift free and the gate open for the ambulance, and write the event in the occurrence book. Good-practice steps for staff: 1. Check the scene is safe (no live wire, no falling debris). 2. Call 108 (ambulance) or 112, giving the address, wing, floor and the person's condition. 3. Inform the family or the member of the flat; if the person is a visitor or worker, the host
   member.
4. Call any resident on the society's list of doctors, nurses or first-aid-trained volunteers
   (the emergency plan should list them, BL 159(b)).
5. Do not move the person unless they are in danger; do not lift someone who may have a spinal
   injury after a fall.
6. Hold one lift at the floor, open the gate and clear the drive so the stretcher can pass. 7. Write the time, what was done and who came in the occurrence book. If the injury happened in or because of a lift, it is also a lift accident to be reported (safety_fire_lift-201, safety_fire_lift-007). A first-aid box at the gate, checked monthly, is good practice.

Question 29

Which emergency numbers and contacts should be displayed at the gate and on the notice board?

Accepted Answer

The bye-laws require the emergency plan, with important telephone numbers, to be displayed on the notice board and kept up to date. At a minimum: 112 (all emergencies), 101 (fire), 108 (ambulance), the local police station, the nearest hospital, the lift contractor's 24-hour number, the electricity and gas utilities, the plumber and electrician, and the committee members to call. BL 159(b) lists what the emergency planning scheme should contain: the likely dangers, the response machinery (police, fire brigade, municipal council), important telephone numbers including an emergency number for each member and those of the government officers concerned. It must be discussed at the general meeting, displayed and kept up to date. A practical contact sheet (check each number locally before displaying it): - 112 national emergency response; 100 police; 101 fire; 108 ambulance; - the local police station and fire station landlines; - the nearest hospital with a casualty department; - the lift AMC's 24-hour helpline, and the fire-systems agency; - the electricity distribution company's complaint number and the gas utility's emergency
  number (for piped gas);
- the municipal ward office (water, drainage, trees); - the society's plumber and electrician; two or three committee members by name. Keep members' personal emergency numbers with the office, not on the public board; share them only as the emergency plan and DPDP rules allow.

Question 30

There is a smell of gas in a flat or corridor. What should staff do?

Accepted Answer

Do not switch any electrical switch on or off, do not use a phone or lighter near the smell, and do not ring electric doorbells. Open doors and windows, close the gas valve at the meter or cylinder if it can be reached safely, get people away from the area, and call the gas company's emergency number and the fire brigade from a safe distance. Good-practice steps (from general gas-safety guidance): 1. No flames, no smoking, no switching of lights, fans or lifts in the area; a spark can
   ignite the gas.
2. Knock on the door instead of ringing the bell. 3. Ventilate: open doors and windows. 4. Turn off the supply: for piped gas, the isolation valve at the meter or riser; for a
   cylinder, the regulator knob. Only if it can be reached safely.
5. Move people out of the corridor and the flats nearby; do not use the lift. 6. From outside, call the gas utility's emergency number (for piped gas) or the cylinder
   distributor, and 101/112 if the smell is strong or there is any fire.
7. Do not switch the supply back on until the utility has checked it. Record the event in the occurrence book and tell the Secretary. The emergency contact sheet should carry the gas emergency number (safety_fire_lift-205).

Question 31

What should staff record in the lift log book, and what should they check every day?

Accepted Answer

The Lifts Act requires the owner to keep a log book for each lift recording its operation, breakdowns (other than power failures) and accidents. Staff should write each breakdown, each entrapment, each service visit by the contractor and any unusual noise or jerk. A daily walk- through check of the lift car and landings is good practice. Section 24 of the Maharashtra Lifts, Escalators and Moving Walks Act 2017 requires the log book; the Electrical Inspector (Lifts) may inspect it at any time. Section 18 requires a maintenance contract with an approved contractor, and s.17(1) at least one inspection a year. The 2014 bye-laws require a Lift Inspection Record (BL 140(14)). Daily check (good practice, not a statutory list): - car light and fan work; the alarm bell and intercom reach the gate; - doors close and reopen when obstructed; the car stops level with each floor; - no water in the pit after rain; the machine-room door is locked; - the licence and the AMC emergency number are displayed. If any check fails, switch the lift off (with the contractor's guidance), put an "out of order" sign on every floor, call the contractor, and write the entry. After an accident with injury, the lift must not be used or touched until the Inspector permits (s.15; see safety_fire_lift-007).

Question 32

What is Fire "Form B" and when must the society file it?

Accepted Answer

Form B is a certificate that the building's fire-prevention and life-safety systems are maintained in good repair and working order. A Licensed Agency must issue it. The owner or occupier files it with the Chief Fire Officer twice a year, in January and July. Section 3(1) of the Fire Act makes the owner or occupier provide the fire systems required by the building's fire-safety approval and Schedule I, and keep them "in good repair and efficient condition at all times". Section 3(3) requires two certificates, both from a Licensed Agency: a compliance certificate for the installed measures, and a maintenance certificate furnished "twice a year in the months of January and July". In practice the society (or, before conveyance, the promoter) hires a Licensed Agency. The agency tests extinguishers, hydrants, pumps, sprinklers and alarms, fixes defects and issues the certificate. The society files it (for Mumbai, on the MCGM fire portal). The bye-laws make periodic fire audit and its record a society duty (2014 BL 75(c); dBL 75(b)). SocietyAxis diarises January and July for buildings of 15 m and above.

Question 33

What happens if the society does not maintain its fire systems or file Form B?

Accepted Answer

Failing to provide and maintain fire systems is an offence under the Fire Act. It is punishable with rigorous imprisonment of six months to three years and a fine of ₹20,000 to ₹50,000, plus up to ₹3,000 a day while it continues. The fire authority can also serve a notice to comply and, in serious cases, seal the building. Section 36(1)(a)(i) makes failure to provide and maintain the equipment an offence. Other offences include tampering with equipment (s.3(4)), obstructing an inspection (s.5(3)) and ignoring a notice (s.6). Section 36 sets the punishment. The Chief Fire Officer may inspect after three hours' notice between sunrise and sunset, or at any time if it is necessary for safety (s.5). The officer may serve a notice listing the measures required (s.6) and may seal the premises if it is not complied with (s.8). In a society the office-bearers are the people who act for the owner or occupier. The committee's duty to ensure fire safety is also in the draft bye-laws (dBL 132(g), 164(b)). Budget for Form B and repairs every year. Note deficiencies and their rectification in the Fire Audit Register.

Question 34

Does our society also need the two-yearly "Fire and Life Safety Audit"?

Accepted Answer

Only if the building is one listed in section 45 of the Fire Act. For residential buildings, that means those taller than 70 metres. They need a Fire and Life Safety Audit by a licensed auditor every two years, on top of the January/July Form B. Section 45A was inserted by Mah. 24 of 2023. It requires a Fire and Life Safety Audit for the occupancies in s.45(1): within a year of the 2023 amendment and every two years after that. The auditor's certificate goes to the Director or the Chief Fire Officer. Section 45(1)(b)(1) lists a "residential building with height more than 70 meters". Buildings covered by s.45 must also appoint a fire officer or fire supervisor. Under s.3(3A) they need automated continuous monitoring of the fire systems, certified by a Licensed Agency. Most housing societies are below 70 m, so for them Form B is the recurring duty.

Question 35

Can members keep shoe racks, cycles or storage in staircases, lobbies or refuge areas?

Accepted Answer

No. Staircases, landings, corridors, lift lobbies and refuge areas are common areas and escape routes, and must be kept clear. The society can direct removal and penalise encroachment. Fire officers can order removal of articles that create a fire risk. 2014 BL 168(a) forbids members occupying common areas such as staircases, landings, corridors and lifts for their own use. It makes an encroacher pay five times the monthly maintenance for each month of encroachment. The draft bye-laws forbid obstructing "passages, staircases, fire exits, refuge areas or emergency access" and set graded penalties with a hearing (dBL 174, 175-179). Where the State has issued a notification under s.4(1), the Fire Act lets the fire authority direct removal of goods likely to cause a fire risk, and seize them if the owner fails to comply (s.4(2)). BL 47 bars storing combustible or hazardous goods in a flat without the committee's written permission. Give written notice with a date, record it with photographs, then follow the penalty procedure.

Question 36

How long is a lift licence valid and when must it be renewed?

Accepted Answer

A licence to work a lift is valid for 20 years from grant. Before it expires the owner applies for renewal, which is granted for up to five years at a time. Renewal depends on the Electrical Inspector (Lifts) being satisfied that the lift is safe and has been properly maintained. Under s.7 of the Lifts Act 2017, a new lift needs a licence from the Chief Electrical Inspector, applied for within a month of installation, with the approved contractor's fitness certificate. Section 8 fixes a 20-year validity. Renewal is for "not more than five years at a time" and "subject to the proper maintenance of the lift". The Inspector may impose conditions, including major modernisation (s.8(5)). No lift may be worked except under and in line with its licence (s.11). Additions or alterations need the Inspector's prior written permission (s.10). Keep the licence with the Structural & Fire Audit Register and Lift Inspection Record (2014 BL 75(d) and the register list; dBL 75(c)). SocietyAxis reminds 60 days before expiry (policy).

Question 37

Is an annual lift inspection and a maintenance contract compulsory?

Accepted Answer

Yes. Every lift must be inspected by the Electrical Inspector (Lifts) at least once a year. The owner must have a maintenance contract with an approved (licensed) lift contractor covering cleaning, oiling, adjusting and repairing. Section 17(1) of the Lifts Act requires inspection "at least once in a year", or more often if the Government notifies, and the Government fixes the inspection fee. Section 18 makes a contract with the approved contractor compulsory, and s.7(5) says the lift must be maintained by a licensed contractor. The owner must give the Inspector every facility and, if asked, bring the contractor (s.14). If a lift is found unsafe, the Inspector can order repairs and stop its use (s.21), and seal it if the order is ignored (s.22). The draft bye-laws expect a yearly inspection by the competent authority and a compliance report (dBL 75(c)). Whether the AMC is comprehensive is the committee's commercial choice (staff_vendors-011). The contractor can also be prosecuted if an accident results from a failed safety feature it maintains (s.25).

Question 38

What must the society do after a lift accident or someone is trapped and injured?

Accepted Answer

First rescue safely through the lift contractor or the fire brigade (101/112). If anyone is injured or killed, or might have been, report the accident to the Electrical Inspector (Lifts) and then send a detailed report. Do not touch or restart the lift until the Inspector permits it in writing. Section 15(1) requires the owner, occupier or authorised representative to give intimation of an accident that caused or was likely to cause injury or death. A detailed report follows in the prescribed form and time. The installation "shall not be interfered with" and the lift may not resume "except with the written permission of the Electrical Inspector (Lifts)". An owner who does not live in the building must appoint a local authorised representative and tell the Inspector their name (s.15(2)-(3)). For a society, record by committee resolution who that person is (usually the Secretary or manager). Enter the event in the lift log book (s.24). Tell the insurer, as third-party insurance for passengers is compulsory (s.23). Tell the AMC contractor, who may share liability (s.25). A breakdown with nobody hurt is logged but not reported as an accident.

Question 39

Do ground-floor members have to pay lift charges, and who pays to replace an old lift?

Accepted Answer

Yes. Lift running and repair costs are shared equally by all flats in the building served by the lift, whether or not they use it. Replacing a lift is a major repair. It is paid from the major repair or sinking fund, or by a special levy that the general body approves. The 2014 bye-laws apportion lift repairs, maintenance and running charges "equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not" (BL 66(a)(iv)). The draft keeps equal division among flats in that building (dBL 63(iv)). The Lifts Act lets an owner replace a lift after 20 years or when the Inspector directs (s.27). Replacement usually exceeds the committee's one-time limit (Rule 106C-13(5)(b)), so it needs general-body approval. Contributions to the major repair fund are by carpet area (Rule 106C-12(4) item 9).

Question 40

How often should overhead and underground water tanks be cleaned, and who pays?

Accepted Answer

Clean them at least twice a year: municipal advice (BMC) is twice a year by a registered contractor, with one cleaning before the monsoon. Tanks are common property, so the cost is a society expense. Water storage tanks, pumps and external pipelines are repairs the society carries out at its own cost (2014 BL 158(a)(iii)-(v); dBL 45(h)). No statute in our sources fixes the cleaning interval. The six-monthly cycle is municipal advice, and it is the default for the SocietyAxis water-tank-cleaning task. The contractor should drain, scrub, disinfect and refill the tanks, with before-and-after photographs. Note each cleaning in the inspection register. Test drinking-water quality after any contamination complaint. Water-quality reports are kept 5 years under the draft bye-laws (dBL 138(e)(vi)), and the committee must look after water quality and sanitation (dBL 132(g)). Keep tank lids locked and the terrace access controlled.

Question 41

Does the society need an emergency plan and insurance?

Accepted Answer

Yes. The model bye-laws require the committee to prepare an emergency plan and display it. The plan covers risks, emergency agencies and contact numbers, and evacuation. The bye-laws also require the society to insure the building against fire, natural calamities and third-party liability. Lifts additionally need third-party passenger insurance. 2014 BL 159(a) requires insurance against natural calamities, fire, flood, earthquake and third-party liability. BL 159(b) requires an Emergency Planning Scheme: risk analysis, response agencies and telephone numbers. It must be discussed at the general body and displayed on the notice board. The draft bye-laws expand this (dBL 162): evacuation routes, assembly points, duties of committee, staff and residents, and fire systems, reviewed yearly and placed before the general body. Emergency contacts are to be kept with the office and security staff (dBL 163), and insurance renewed on time (dBL 75(d), 132(h)). Insurance premium is shared by carpet area (Rule 106C-12(4) item 10). Members who cause a higher premium, for example by commercial use, bear the extra. The Lifts Act requires third-party insurance for lift passengers (s.23). Mock drills are optional under dBL 162(d) but advisable.

Question 42

Can a member refuse the society's fire or structural inspection of their flat?

Accepted Answer

No, not without good reason. Members must let the society's authorised people inspect after notice, or at once in an emergency. Refusing a fire officer's inspection is an offence under the Fire Act. 2014 BL 46(a) requires a member to let the Secretary and a committee member enter, with prior intimation, to examine the flat for repairs. If access is refused without reasonable cause, the Secretary may enter and carry out the work (BL 46(b)-(c)). BL 155(b) requires cooperation with inspections. The draft bye-laws require access after reasonable notice except in emergencies (dBL 35(i), 47(b), 147(c)). Members must cooperate with structural audits, fire safety and statutory inspections (dBL 35(k)). For fire inspections, s.5 of the Fire Act lets the Chief Fire Officer or nominated officer enter after three hours' notice, and obstruction is an offence (s.36(1)(c)). The Act also requires due regard to occupants' social and religious sentiments (s.5(4)).

Fire, lift & safetyअग्नि, उद्वाहन व सुरक्षितता