FAQs ON LIFT RENOVATION AND OTHER MATTERS - For information

1) Section 4 of the Bombay Lifts Act 1939 states that:

Every owner of a place intending to install a lift in such a place after the lift commencement of this Act, shall make an application to “such officer as the State Government may authorise in this behalf for permission 'to erect such lift. Such application shall be in writing and in such form as may be prescribed.”
Such application shall specify:

a) the type of lift,
b) the rated maximum speed of the lift,
c) the maker’s or designer’s rated capacity in weight,'
d) the maximum minimum number of passengers in addition to the lift operator which shall state:
e) the total weight of the lift car carrying the maximum load,
f) the weight of the counterweight, the number, description, weight and size of the supporting cable,
g) the depth of the pit from the lowest part of the [car] when at the lowest floor,
h) Such details of the construction of the overhead arrangement with the weight and sizes of the beams as may be prescribed, and,
i) such other particulars as may be prescribed.
The Lift Inspections, No Objection Certificate is granted by Inspector of Lifts, Public Works Department.

One hears of lift-related accidents at times, from a lift crashing to the floor because of a cable snap, or doors closing on people. This can be an extremely tricky situation. Who is responsible for this? Can the chairman/committee be held liable/responsible -- or is it the lift company? 
As far as accidents are concerned, the Managing Committee shall be responsible if lift servicing is not carried out at frequent intervals. Section 11 states that an officer who is authorized by the State Government shall inspect every lift at least once in six months. An annual fee at such rate as may be prescribed, shall be charged for such inspection and such fee shall include the charges for the inspection of the motors.
Observing the condition of lifts in view of safety is mandatory to;

a) The lift should be maintained by the approved lift erection company and maintained by the approved lift erection and maintenance agency.
b) Inspector of the lift should visit the lift twice in a year.
c) Inspector of the lift should give notice in writing to the owner/ Society of the lift in FORM ‘D’ as per the provision laid down in section 8 of Bombay Lift Act 1939.
d) If, on such inspection it is found the said lift is in an unsafe condition, he should serve an order to the owner of the lift, requiring such repairs to the lift within a specific time under section 8(2) in FORM ‘E’.
e) Where any accident occurs in the operation of the lift which may result in injury to a person, the owner of the lift should give a notice to with full details to inspector of lifts in FORM ‘F’, which is MANDATORY UNDER SECTION 9 of Bombay Lift Act 1939.

The management may want to upgrade lifts -- is the consent of members needed?
Yes, permission is needed of Society Members for the up-gradation of elevators. As per the Elevators Act and rules, permission for installation of lift or for making addition or alteration to lift installed states that;

a) Every Society/Owner of a place intending (i) to install a lift in such a place (ii) to make additions and alteration to a lift installed at such a place is required to apply in form ‘A’ to the inspector of lifts before any work in connection with the installation of the lift or addition or alteration is started. 

Any such addition or alteration should be accompanied with two sets of plans of the installation.
b) In receipt of an application, the inspector of lift inquires and forwards it with his remark to the public work department who may thereupon either grant or refuse the permission applied for. The total duration from stage of application till disposal of file including remarks, if any by inspector for installing/ altering and compliance of remarks is approx. 10 weeks in total.Are there any rules that state that lifts must not be too old or they must have fire extinguishers/alarms inside or anything like that?

The DCR RULES provide details and specification depending on the type and traffic expected within the building. Issues such as Minimum Car Area, Car Speed, Firemen Toggle switch at the entry of the lift on the ground floor, Air Vent, Car Capacity of the fire lift, Standby supply arrangement i.e. Generator etc. are considered in the rules.

Sometimes, when housing society members are renovating their homes, workers are often carrying material in buildings lifts. Are there any rules with reference to this?

No, there are no such rules in the bye laws. The only rule in bye law is under section 168 is one which states that, “The committee shall regulate the operation of lifts, taking into consideration the convenience of the majority of the members of the society.”

People often do not use but abuse the facility. They overcrowd lifts (when weight allowed is clearly stated) leave fans on, dirty the lift itself, scrawl graffiti on lift walls and damage it. What are the rules governing this?

The Managing Committee should pass resolutions in the General Body to such effect that it becomes a deterrent to members committing breaches. Rules should be followed and if possible a security personnel be deployed in elevators, if affordable. This may reduce issues of friction between Managing Committee and erring members. Many Societies can also install CCTV cameras to get information and obtain footage to eliminate nuisance in lifts. 

This is for your information.

Regards,

Dayanand J. Nene

[Political Activist and Analyst]

Bharatiya Janata Party

Mail sent to society on August 12, 2018