Chapter VI Chapter VI

SPECIAL PROVISION FOR THE FIRE PROTECTION AND FIRE SAFETY MEASURES IN CERTAIN BUILDINGS AND PREMISES IN ARUNACHAL PRADESH

Special provision for multi-storied building :

1. (1) Notwithstanding anything to the contrary contained in this Act, the multistoried buildings shall be governed by the provisions for the fire prevention and fire safety measures hereinafter stipulated.
2. (2) The Government may, by notification in the Official Gazette, empanel third party agencies for conducting fire safety inspections of such low risk buildings, and for such jurisdictions, as may be specified in the notification.
3. (3) The criteria to be fulfilled by the third-party agency as provided in sub-section (2), including security amount that needs to be furnished for empanelment, and terms and conditions, that need to be satisfied by the agency after empanelment, shall be such as may be prescribed.
4. (4) The validity of empanelment of such third-party agency shall be such as may be decided by the Government on case to case basis, and renewal of empanelment would be governed by such criteria and conditions as may be prescribed.

Inspection of buildings, premises, etc. :

1. (1) The nominated authority may, after giving three hours notice to the occupier, or if there be no occupier, to the owner of any building having such height as may be specified by rules framed under this Act or premises, enter and inspect the said building or premises at anytime between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy or contravention of fire protection and fire safety measures ; Provided that the nominated authority may enter into and inspect any building or premises at any time if it appears to it to be expedient and necessary to do so in order to ensure safety of life and property and submit the inspection report to the higher authority or Director ;
2. (2) The nominated authority shall be provided with all possible assistance by the owner or occupier, as the case may be, of the building or premises for carrying out the inspection under sub-section (1).
3. (3) When any building or premises used as a human dwelling is entered under sub-section
4. (1) due regard shall be paid to the social and religious sentiments of the occupiers; and, before any apartment in the actual occupancy of any women who, according to the custom does not appear in public, is entered under sub-section (1), notice shall be given to her that she is at liberty to withdraw and every reasonable facility shall be afforded to her for withdrawing.

Measures for Fire prevention and Fire safety :

1. (1) The nominated authority shall, after the completion of the inspection of the building or premises under Section 33 record its views or the deviations from or the contravention of the building bye-laws with regard to the fire prevention and fire safety measures and the inadequacy of such measures ; Provided therein with reference to the height of the building or the nature of activities carried on in such building or premises and issue a notice to the owner or occupier of such building or premises directing him to undertake such measures as may be specified in the notice.
2. (2) The nominated authority shall also give a report of any inspection made by it under Section 33 to the Director.

Provision regarding certain building and premises :

1. (1) Notwithstanding anything contained in any other law for time being in force, the Director or the nominated authority may enter and inspect any building, the construction of which was completed on or before the commencement of this Act or any building which was under construction on such date and such inspection appears necessary for ascertaining the adequacy of fire prevention and fire safety measures in such buildings.
2. (2) The entry and inspection under sub-section
3. (1) shall be done by the Director or the nominated authority in the manner laid down in Section 33.
4. (3) The Director or the nominated authority, as the case may be, shall, after inspection of the building or premises under sub-section(1), and after taking into consideration-
   • (i) the provisions of the building bye-laws in accordance with which the plan of this said building or premises was sanctioned.
   • (ii) the conditions imposed, if any, by the local authority at the time of the sanction of the plan of the said building or premises; and
   • (iii) the minimum standards for fire prevention and fire safety measure specified for such building or premises as may be specified by rules framed under this Act, issue a notice to the owner or occupier of such building or premises stating therein the inadequacy in regard to the fire prevention and fire safety measures in it and direct the owner or occupier to undertake measures for rectifying the said inadequacy within the period as he may consider just and reasonable.
5. (4) The nominated authority shall also give a report of any inspection made by it under sub-section
6. (1) to the Director.

Power of entry :

1. (1) The nominated authority may enter any of the places specified in any notification issued under sub-section
2. (1) of Section 26 for the purpose of determining whether, preventive and safety measures against fire required to be taken on such place have been so taken.
3. (2) The nominated authority shall, after the completion of the inspection of the building or premises under sub-section
4. (1) record its views on the deviations from or the contravention of, the notification issued under sub- section
5. (2) of Section 26 with regard to the fire prevention and fire safety measures and the inadequacy of such measures provided therein with reference to the occupancy of the building or the nature of activities carried on in such building or premises and issue a notice to the owner or occupier or such building or premises directing him to undertake such measures as may be specified in the notice.
6. (3) The nominated authority shall also give a report of any inspection made by it under sub-section
7. (1) to the Director.
8. (4) Save as otherwise expressly provided in this Act, no claim shall lie against any person for compensation for any damage necessarily caused by any entry made under sub-section (1).

Powers exercisable on the occasion of Fire :

1. (1) On the occasion of a fire, the Director or the officer incharge of the members of the fire brigade on the spot may-
   • (a) remove or may order any members of the fire brigade to remove any persons who by their presence interfere with the due operations of the fire brigade;
   • (b) by himself or by members of the fire brigade, break into or through, or pull down any premises for the purpose of putting an end to the fire, doing as little damage as possible;
   • (c) cause the mains and pipes of any area to be shut off so as to give greater pressure of water in the place where the fire has occurred;
   • (d) exercise the same powers for dispersing any assembly of persons likely to obstruct the operation of fire brigade, as if he 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 an officer, in respect of the exercise of such powers; and
   • (e) generally take such measures as may appear necessary for the preservation of life and property.
2. (2) The Director or officer in charge of the members of fire brigade on the spot may verbally nominate and depute one or more member of the fire brigade to act at a distance; and such member or members shall have for the time being the like powers as the Director or such officer himself possesses under this section.

Inquiry into origin of Fire and report to Magistrate : Where any Fire has occurred within any area in which this Act is in force, the senior most officer in rank among the members of the force in that area or Incident Responding Officer(IRO)shall ascertain the facts as to the origin and cause of such fire and shall make a report thereon to the Magistrate having jurisdiction in the place in which such fire occurs and the said magistrate shall in any case where he may deem fit summon witnesses and take evidence in order to further ascertain such facts.

Appeals :

1. (1) Any person aggrieved by any notice or order of the District Magistrate or Executive magistrate or Nominated Authority or the Director issued or made under this chapter may prefer an appeal against such notice or order to the 1st Appellate Authority within thirty days from the date of the notice or order appealed against ; Provided that the 1st Appellate Authority may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that there was sufficient cause for not filing it within that period.
2. (2) An appeal to the 1st Appellate Authority shall be made in such form and shall be accompanied by a copy of the notice or order appealed against and by such fees as may be specified by rule framed under this Act.
3. (3) An appeal to the 2nd Appellate Authority shall be made in such form and shall be accompanied by a copy of the order of the 1st Appellate Authority appealed against and by such fees as may be specified by Rule framed under this Act.
4. (4) An order of the 2nd Appellate Authority on an appeal under sub- section
5. (3) shall be final.