Chapter V GENERAL MEASURE FOR FIRE PREVENTION AND SELF REGULATION

Preventive measures :

1. (1) The Government may, by notification in the Official Gazette, require owners or occupiers of premises in any area or of any class of premises or pandals used for purposes which in its opinion are likely to cause a risk of fire, to take such precautions including those related to the plan of the building or use of building as may be specified in such notification.
2. (2) Where a notification has been issued under sub-section
3. (1) it shall be lawful for the Director or any Officer of the Fire Service Force authorized in this behalf to direct the removal of subjects or goods likely to cause a risk of fire, to a place of safety and on failure of the owner or occupier to do so, the Director or such Officer may after giving the owner or occupier a reasonable opportunity of making representation, seize, detain or remove such objects or goods.

Fire prevention and Fire Safety measures in the pandals to be self-regulatory :

1. (1) Notwithstanding anything contained in this Act, the erectors of Pandals shall be deemed to be self regulators for taking fire prevention and fire safety measures prescribed under sub-section
2. (2) of Section 23.
3. (2) The erector of a pandal shall display at a prominent place in the pandal a declaration in the prescribed form and under his own signature to the effect that he has taken all the prescribed fire prevention and fire safety measures therein.
4. (3) It shall be lawful for the Director, nominated authority or any other officer authorized by the Government in this behalf to enter and inspect the pandal with a view to verify the correctness of the declaration so made by the erector under sub-section
5. (2) and to point out the shortcomings, if any, with directions to remove them within a specified time. If the directions of the inspecting officer are not complied with within the time so given, the inspecting officer shall seal the pandal.
6. (4) Any erector of a pandal who falsely declares that he has complied with the prescribed fire prevention and fire safety measures in the pandal shall be deemed to have committed an offence punishable under Section 51 of this Act.

Removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting :

1. (1) Where a notification has been issued under Section 23, it shall be lawful for the Director or any officer of the fire service authorized by the Government in this behalf to direct the removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting, to a place of safety and on failure of the owner, occupier or erector, as the case may be, to do so, the Director or such officer may, after giving the owner, occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the District Magistrate or the Executive magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to adjudicate the matter: Provided that where the Director or such Officer considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to fire fighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachments or objects or goods forthwith and report the matter to the District Magistrate or the Executive magistrate accordingly.
2. (2) On receipt of a report under sub-section (1), the District Magistrate or the Executive magistrate shall give by means of a notice served in such manner as he may think fit, a reasonable opportunity of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to fire fighting may be prescribed.
3. (3) After giving the owner an occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (2), District Magistrate or the Executive magistrate may 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
5. (3) shall forthwith make an inventory of the objects and goods which he seizes under such order, and shall, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods will be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice.
6. (5) On the failure of the person in whose possession the objects or goods were at the time of seizure to claim the seized goods pursuant to notice given under sub-section (4), the District Magistrate or the Executive magistrate shall sell them accordingly by public auction.

Owners or Occupiers liability to provide Fire prevention and Life Safety Measures :

1. (1) Without prejudice to the provisions of National Building Codes of India, issued by the Ministry of Urban Development, the Arunachal Pradesh Building Bye-laws-2019, or any other laws for the time being in force, the owner or the occupier, who are either individually or jointly responsible, of a building classified by Bye-laws regulations or part thereof, shall provide Fire prevention and life safety measures therein : Provided that the owner or the occupier, as the case may be shall :
   • (i) Provide minimum fire-fighting and life safety installations as provided in the Arunachal Pradesh Building Bye-laws.
   • (ii) Maintain the Fire prevention and life safety measures in operational condition at all times, in the manner and specifications specified in Arunachal Pradesh Building Bye- Laws.
2. (2) Notwithstanding anything contained in any law for the time being in force, no authority empowered to issue the Occupancy certificate, shall issue the same unless it is satisfied that the owner or the occupier, either individually or jointly has complied with the provision as given in sub-section
3. (1) of this section.
4. (3) Without prejudice to the existing Arunachal Pradesh Building Bye-Laws applicable and enforcement of National Building Codes by the State, buildings or occupancies as per existing Arunachal Pradesh Building Bye- Laws-2019 or regulation thereof shall obtain ‘Fire Safety Certificate’ from the Director, Fire and Emergency Services.

Powers of members of the Fire Service on occasion of Fire and/or Rescue : On the occasion of fire rescue in any area in which this Act is in force, any member of the fire service who is in charge of fire fighting operations on the spot may-

1. (a) remove, or order any other member of the fire service to remove, any person who by his presence interferes with or impedes the operation for extinguishing the fire or for saving life or property, close any street or passage in or near which a fire is being fought or rescue work is in progress ;
2. (b) for the purpose of extinguishing fire and carrying out rescue operation, break into or through or pull down, any premises for the passage of hose or appliances or cause them to be broken into or through or pulled down, doing as little damage as possible;
3. (c) require the authority incharge of water supply in the area to regulate the water mains so as to provide water at a specified pressure at the place where fire has broken out and utilize the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire and carrying out rescue operations;
4. (d) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire fighting operations as it were an officer –in –charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such officer in respect of the exercise of such powers.
5. (e) arrest a person who willfully obstructs and hinders a fire service personnel in fire fighting and rescue operations and shall hand him over to a police officer or at the nearest police station without avoidable delay along with a brief note giving the time, date and reasons of arrest; and
6. (f) generally, take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property, or both.

Appointment of Fire Safety Officer : Every owner and occupier or an association of such owners and occupiers of some special buildings or premises shall appoint a Fire Safety Officer who shall ensure the compliance of all fire prevention and fire safety measures and effective operation thereof as provided in this Act.

Fire safety officers to undergo training : The fire safety officers shall undergo training at the Fire Safety Management Academy as may be specified 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 recognized by the Government shall not be required to undergo such a training.

Penalty in case of default on non-appointment of Fire Safety Officer : If any owner or occupier or an association of such owners and occupiers of a building or premises fails to appoint under Section 28, fire safety officer within thirty days, of the receipt of a notice given in this behalf by the Director or the nominated authority, as the case may be, each one of them shall be deemed to be in default jointly and severally.

Issue of Fire Safety Certificate :

1. (i) The Fire Officer shall scrutinize 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, after making necessary enquiry, if any, issue Fire Safety Certificate within a month of the application subject to the condition that all necessary documents, designs, maps, completion certificates etc. shall be submitted by the owner or occupier or applicant.
2. (ii) If the owner or occupier, as the case may be, fails to comply with the directions issued by the Fire officer or Inspection officer, the Fire Safety Certificate issued under Section 26 of this Act, shall be cancelled after giving the owner or occupier an opportunity of hearing to the show-cause.
3. (iii) 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 under Section 26.
4. (iv) No person shall tamper with, alter, remove or cause any injury or damage to Fire prevention and life safety equipment installed in any such building or part thereof or instigate any other person to do so.