Chapter V GENERAL MEASURES FOR FIRE PREVENTION AND EMERGENCY LIFE SAFETY MEASURES

1. (1) The Government may, by notification, require owner or occupier of premises or goods in any area, which in its opinion, are likely to cause risk of fire, to take such precautions as may be provided therein.
2. (2) The Deputy Director shall ensure that provision for Fire Services Management, Prevention and Preparedness including preparation of Fire Hazard Response Mitigation Plan is as per the guidelines issued by the National Disaster Management Authority.

1. (1) The erectors of pandals shall be deemed to be self-regulatory for taking fire prevention and life safety measures under this Regulation.
2. (2) The erector of a pandal shall display a declaration regarding compliance of fire prevention and life safety measures in such form as may be prescribed.
3. (3) It shall be lawful for the Nominated Authority to enter and inspect the pandal with a view to verify the correctness of the declaration so made by the erector under sub-section (2) and to point out the shortcomings, if any, with directions to rectify them within a specified time and if the directions of the Nominated Authority are not complied with within the time so given, the Nominated Authority shall remove the pandal in such manner as may be prescribed.

1. (1) Where a notification has been issued under sub-section (1) of section 23, it shall be lawful for the Nominated Authority to direct the removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to firefighting, to a place of safety, by means of a notice served in such manner as he may think fit, and on failure of the owner, occupier or erector, as the case may be, to do so, the Nominated Authority may, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to decide the matter: Provided that where the Nominated Authority considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to firefighting, he may direct Station House Officer having jurisdiction in the area to seize or remove the encroachments or objects or goods forthwith and report the matter to the Sub-Divisional Magistrate accordingly.
2. (2) On receipt of a report under sub-section (1), the Sub-Divisional Magistrate shall give, by means of a notice served in such manner as he may think fit, an opportunity of showing cause against the removal of encroachments or objects or goods likely to cause a risk of fire or obstruction to firefighting.
3. (3) After giving the owner or occupier or erector, as the case may be, an opportunity of making representation under sub-section (2), the Sub-Divisional Magistrate after considering the representation, may withdraw the notice or make an order to seize, detain or remove such encroachments or objects or goods.
4. (4) The person charged with the execution of the order as made in sub-section (3) shall forthwith make an inventory of the objects and goods which he seizes under such order, and shall give a notice in writing as may be prescribed in this behalf, to the person in whose possession the objects or goods were at the time of seizure, that the said objects or goods shall be sold as mentioned therein, if the same are not claimed within the period stipulated in the said notice.
5. (5) On the failure of the person in whose possessions the objects or goods were at the time of seizure to claim the seized objects and goods pursuant to notice given under sub-section (4), the Sub-Divisional Magistrate shall sell such objects or goods through public auction.

1. (1) Without prejudice to the provisions of the bye-law and any other law for the time being in force in the Union territory, the owner or the occupier, who are either individually or jointly responsible, of a building or part thereof as specified in this Regulation, shall ensure and provide fire prevention and life safety measures therein: Provided that the owner or the occupier, as the case may be, shall—
   • (i) provide firefighting and life safety measures;
   • (ii) maintain the fire prevention and life safety measures in operational condition at all times.
2. (2) Any person proposing to construct a building as mentioned in clauses (a) and (b) of this sub-section or pursuant to the rules made in this behalf, shall apply for approval of the fire and life safety measure along with the building plan to the Nominated Authority in this behalf, in such form along with such fee as may be prescribed, in case of—
   • (a) multi-storied buildings having more than fifteen-metre height;
   • (b) special buildings including—
     • (i) hotel or resort or eating houses, apartment exceeding 500 square metres of floor area on adding area of all floors, educational, assembly, institutional, business, mercantile, hazardous industry or factory, storage;
     • (ii) mixed occupancies, where any of above buildings have floor area more than 500 square metres on adding area of all floors.
3. (3) Notwithstanding anything contained in any law for the time being in force in the Union territory, no authority shall issue the occupancy certificate, unless it is satisfied that the owner or occupier, either individually or jointly, has complied with the provisions as provided in sub-section (2).
4. (4) Without prejudice to the existing Building bye-laws applicable and enforcement of bye-laws by the local authority, the owner or occupier, as the case may be, shall obtain “fire safety certificate” from the Fire and Emergency Service for the buildings mentioned in sub-section (2), which shall be valid for five years from the date of issue of such certificate.
5. (5) The owner or occupier, as the case may be, shall furnish to the Qualified Agency or Nominated Authority, a self-certified certificate in such form as may be prescribed, regarding the compliance of the fire prevention and life safety measures in his building or part thereof, as required by or under the provisions of this Regulation while applying for fire safety certificate.
6. (6) The owner or occupier, after receipt of fire safety certificate, shall furnish a certificate in such form as may be prescribed, once a year in the month of July regarding the maintenance of fire protection system in good and efficient condition as provided in sub-section (1).

1. (1) The Qualified Agency or the Nominated Authority, as the case may be, shall scrutinise the compliances with regard to the requirement of section 26 made by owners or occupiers or applicant, as the case may be, either independently or jointly and after making necessary enquiry, if any, issue fire safety certificate within a period of one month from the date of receipt of the application subject to the condition that all necessary required documents, designs, drawing, and the like shall be submitted by the owner or occupier or applicant.
2. (2) If the owner or occupier, as the case may be, fails to comply with the directions issued by the Qualified Agency or the Nominated Authority, the fire safety certificate, issued under sub-section (1), shall be cancelled after giving the owner or occupier or applicant, an opportunity of hearing to show cause.
3. (3) The owner or occupier of the building or premises whose fire safety certificate has been cancelled due to default on his part, shall not be entitled to occupy the building or premises on the ground of non-compliance of fire prevention and life safety measures.
4. (4) No person shall tamper with, alter, remove or cause any injury or damage to any fire prevention and life safety equipment installed in any such building or part thereof or instigate any other person to do so.
5. (5) For the purposes of section 26 and this section, the manner of selecting the Qualified Agency, and the responsibilities of such Qualified Agency, shall be such as may be prescribed.

1. (1) To ensure effective fire prevention and life safety measures of the factory or building or premises as may be specified by an order by the Government in this behalf, every owner and occupier or occupiers individually or jointly, as the case may be, shall—
   • (i) appoint a Fire Safety Officer, having such qualifications and experience as may be prescribed;
   • (ii) send the compliance report to the Nominated Authority.
2. (2) The Fire Safety Officer appointed under sub-section (1) shall be issued the enrolment certificate by the Nominated Authority under his signature and seal of the office, in such form as may be prescribed.
3. (3) In case of any vacancy of the Fire Safety Officer appointed under sub-section (1), either on resignation or otherwise, the owner and occupier or occupiers, as the case may be, shall be required to immediately appoint another person as the Fire Safety Officer.
4. (4) In case of the non-appointment of the Fire Safety Officer, as provided under sub-section (1), the Nominated Authority may take such steps as he deems necessary, which includes report to the Labour Commissioner for the closure of the factory and in other cases to the relevant authority for necessary action under relevant law.
5. (5) The Fire Safety Officers shall undergo training at Fire and Emergency Service Training Institute as may be identified by the Government in this behalf: Provided that a person who has already undergone such training at the National Fire Service College, Nagpur or at any other equivalent institution recognised by the Government, shall not be required to undergo such training.

1. (1) The Nominated Authority may, after giving three hours’ notice to the occupier, or if there is no occupier, to the owner of any place or building or part thereof, enter and inspect such place or building or part thereof at any time between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy or contravention of fire prevention and life safety measures.
2. (2) The Nominated Authority shall be provided with all possible assistance by the owner or occupier, as the case may be, of such place or building or part thereof for carrying out the inspection under sub-section (1).
3. (3) The owner or occupier or any other person shall not obstruct or cause any obstruction to the entry of a person empowered or authorised under this section into or upon any land or building and shall not abuse such person after such entry for inspection.
4. (4) When any such place or building or part thereof used as a human dwelling is entered under sub-section (3), due regard shall be paid to the social and religious sentiments of the occupiers, and where any flat, apartment or a part of such building is in the actual occupancy of any woman, who, according to the custom does not appear in public, notice shall be given to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for withdrawing.
5. (5) Where the inspection is carried out by the Nominated Authority under the preceding provisions of this section, he shall give a report of any such inspection to the Nominated Authority.
6. (6) The Nominated Authority shall, after completion of the inspection of the place or building or part thereof under this section, record his views on the deviations from or the contraventions of, the requirements with regard to the fire prevention and life safety measures or the inadequacy or non-compliance of such measures provided or to be provided therein with reference to the height of the building or the nature of activities carried on in such place or building or part thereof and issue a notice to the owner or occupier of such building or part thereof directing him to undertake such measures within such time as may be specified in the notice.

Any person who possesses any information regarding an outbreak of fire shall communicate the same without delay to the nearest Fire Station.