Chapter VI PREVENTIVE MEASURES

1. (1) The Government may, by notification, require the owner or occupier of any buildings or premises in any area or of any class of building or premises that are likely to be at risk of fire or likely to cause risk of fire, to take such precautions as may be specified in such notification.
2. (2) The Director, Chief Fire Officer or Fire Officer shall ensure that provisions for fire services management, prevention and preparedness, including preparation of the fire hazard response mitigation plan, are in accordance with the guidelines issued by the National Disaster Management Authority.

1. (1) Notwithstanding anything contained in this Regulation, the erector of a pandal shall take all fire prevention and life safety measures referred to in this section.
2. (2) The erector shall display at a prominent place in the pandal, a declaration under his signature to the effect that he has taken all fire prevention and life safety measures, in such manner as may be prescribed.
3. (3) The nominated authority may enter and inspect the pandal to verify the correctness of the declaration so made under sub-section (2) and in case of any default, it may direct the erector to rectify the same within the specified time and in case of non-compliance of directions within the specified time, shall remove the pandal in such manner as may be prescribed.

If any erector falsely declares that he has complied with the prescribed fire prevention and life safety measures in the pandal under sub-section (2) of section 26, he shall be deemed to have committed an offence punishable under section 49.

1. (1) Where a notification has been issued under sub-section (1) of section 25, it shall be lawful for the nominated authority to issue direction to the owner or occupier or erector, as the case may be, for removal of the objects, goods or encroachments, if any, that are likely to cause 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.
2. (2) If the owner, occupier or erector, as the case may be, fails to comply with the precautions under sub-section (1) of section 25 or directions under sub-section (3) of section 26, the nominated authority may, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, for adjudication.
3. (3) Where the nominated authority considers objects or goods or encroachments referred to in sub-section (1) to be an imminent cause of risk of fire or obstruction to firefighting, he may seize or remove the objects or goods or encroachment forthwith and report the matter to the Sub-Divisional Magistrate.
4. (4) On receipt of a report under sub-section (2) or (3), the Sub-Divisional Magistrate shall issue a notice to the owner or occupier or erector, as the case may be, in such manner as he may think fit, giving such owner or occupier or erector, an opportunity for making representation against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to firefighting.
5. (5) After giving the owner, occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (4), the Sub-Divisional Magistrate after considering the representation, may withdraw the notice or pass an order directing any person to seize, detain or remove such objects or goods or encroachments within such time from the date of order.
6. (6) The person charged with the directions under sub-section (5) shall, make an inventory of the objects and goods that are seized under such order and give notice in such form as may be prescribed, to the person in possession thereof at the time of seizure, that the said objects or goods shall be sold if the same are not claimed within the period stipulated in the said notice and inform the Sub-Divisional Magistrate about the seizure.
7. (7) If the person from whom the objects and goods were seized under sub-section (5) fails to claim the seized objects and goods pursuant to notice given under sub-section (6), the Sub-Divisional Magistrate may sell such objects and goods by public auction.

1. (1) Without prejudice to the provisions of the bye-laws or any other law for the time being in force in the Union territory, the owner or occupier, who is either individually or jointly responsible for a building or part thereof, shall provide fire prevention and life safety measures as may be prescribed: Provided that the owner or the occupier, as the case may be, shall—
   • (a) provide firefighting and life safety installations or measures as provided in such bye-law;
   • (b) maintain the fire prevention and life safety measures in operational condition at all times, in the manner and specifications as specified in such bye-law.
2. (2) Any person proposing to construct a building as mentioned in clauses (a) and (b) 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 five hundred square metres of floor area on addition of the area of all floors, educational institutions, buildings for assembly, business or mercantile buildings, industry or factory, buildings for storage, godowns or buildings used for storage of hazardous materials;
     • (ii) mixed occupancies, where any of the buildings referred to in clause (a) or clause (b) have a floor area of more than five hundred square metres, on the addition of the area of all floors.
3. (3) Notwithstanding anything contained in any other law for the time being in force in the Union territory, no authority shall grant or issue electricity or water connections, or an occupancy certificate, in respect of any building or premises, unless the owner or occupier thereof has obtained a Fire Safety Certificate in accordance with the provisions of this Regulation: Provided that the owner or occupier of the building referred to in sub-section (2) shall, prior to the grant of building plan approval, obtain a provisional Fire Safety Certificate, in such form and manner as may be prescribed, and shall, prior to the grant of a completion certificate, obtain a Fire Safety Certificate from the nominated authority.
4. (4) Without prejudice to the existing building bye-laws, the owner or occupier of the buildings specified in sub-section (2) and the notification issued under sub-section (1) of section 25 shall obtain a Fire Safety Certificate from the fire and emergency service which shall be valid for five years, unless cancelled earlier by the nominated authority, from the date of issue of certificate: Provided that after the expiry of a period of thirty months from the date of issue of the Fire Safety Certificate, the owner or occupier, as the case may be, shall submit to the nominated authority a self-declaration or certification, in such form and manner as may be prescribed, relating to the operational fitness and adequacy of the fire safety equipment and firefighting system installed in the premises.
5. (5) While applying for a Fire Safety Certificate, the owner or occupier, as the case may be, shall furnish to the nominated authority, a certificate certifying the compliance of the fire prevention and life safety measures in his building or part thereof, issued by a qualified agency, in such form as may be prescribed.
6. (6) The owner or occupier, as the case may be, after receipt of the Fire Safety Certificate shall furnish a declaration, in such form as may be prescribed, once a year in July, regarding the efficient maintenance of fire prevention and life safety measures as mentioned in sub-section (1).
7. (7) No person other than the qualified agency shall carry out the work of providing fire prevention and life safety measures or performing such other related activities required to be carried out in any place or building or part thereof.
8. (8) For the purpose of this section, the manner of selecting the qualified agency and the functions of such qualified agency shall be such as may be prescribed.

1. (1) The nominated authority shall, upon receipt of an application, scrutinise the compliances required under section 29 and other provisions of this Regulation, documents and particulars submitted by the owner or occupier, and after following such procedure, as may be prescribed and after making such verification as may be necessary, issue Fire Safety Certificate within a period of thirty days from the date of receipt of the application.
2. (2) If the owner or occupier, as the case may be, fails to comply with the directions issued by the Fire Officer, the Fire Safety Certificate, issued under sub-section (1), shall be cancelled after giving the owner or occupier a reasonable opportunity of being heard.
3. (3) The owner or occupier of the building, whose Fire Safety Certificate has been cancelled under sub-section (2), shall not be entitled to occupy the building.
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.

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 of fire prevention and life safety measures or the contravention thereof: Provided that the nominated authority may enter and inspect any place or building, at any time, if an industry is operating or an entertainment programme is going on at such place or building, if it appears to him to be necessary and expedient to do so, to ensure the safety of life and property.
2. (2) The owner or occupier, as the case may be, of such place or building or part thereof shall provide all possible assistance to the nominated authority 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 under this section, into or upon such place or building.
4. (4) When any such place or building or part thereof referred to in sub-section (1) is being used as a human dwelling and is entered, due regard shall be paid to the social and religious sentiments of the occupier, and where any flat, apartment, place or building or part thereof is in the actual occupancy of a woman, who, according to the custom does not appear in public, prior notice intimating her that she is at liberty to withdraw from such place or building, and every reasonable facility for such withdrawal shall be given to her.
5. (5) Where the inspection is carried out by the nominated authority under sub-section (1), it shall give a report of such inspection to the Director.
6. (6) The nominated authority shall, after completion of the inspection, record his views on the deviations from or the contraventions of, the requirements concerning 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 place or building directing him to undertake such measures within such period 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.