section 3
Owners or occupiers’ liability to provide for fire prevention and life safety measures.
The Maharashtra Fire Prevention and Life Safety Measures Act, 2006General200652 sections
Statutory text
- (1) 1[Without prejudice to the provisions of any law for the time being in force or the rules, regulations or bye-laws made thereunder or the National Building Code of India, relating to fire prevention and life safety measures, the owner, or where the owner is not traceable, the occupier of any building as classified in Schedule-I or part of any such building, shall obtain necessary Provisional Fire Safety Approval or Final Fire Safety Approval or Renewal of Fire Safety Approval, as the case may be, from the Chief Fire Officer of the concerned local authority or planning authority; and where there is no Chief Fire Officer in such area or in the area outside the limits of the local authority or planning authority, from the Director. The owner or occupier shall provide fire prevention and life safety measures as recommended in the respective Fire Safety Approval, which shall not be less than the minimum requirements of fire safety installations prescribed in Part 4 of the National Building Code of India or any relevant Part thereof and as specified against such building in Schedule-I as applicable from time to time and shall maintain the fire prevention and life safety measures in good repair and efficient condition at all times, in accordance with the provisions of this Act and the rules made thereunder:] Provided that, in the case of such building or part thereof the construction of which has been completed immediately before the date of commencement of this Act, the occupier, and subject to the provisions of sub-section (2), in the case of such building or part thereof which is under construction on such date, the owner, shall undertake and carry out such additional fire prevention and life safety measures, as are specified in the notice served on him under section 6. 2[Explanation.- For the purposes of this sub-section,-
- (a) "Provincial Fire Safety Approval" means the recommendation given by the Director or Chief Fire Officer of the concerned local authority or planning authority as per the fire prevention and life safety measures as provided by or under this Act and the rules made thereunder at the time of building plan approval and before the construction thereof;
- (b) "Final Fire Safety Approval" means the certificate issued by the Director of Chief Fire Officer of the concerned local authority or planning authority after ascertaining that the fire prevention and life safety measures are in accordance with Professional Fire Safety Approval before granting building completion certificate by the appropriate authority;
- (c) "Renewal of Fire Safety Approval" means the renewal of a certificate issued by the Director or Chief Fire Officer of the concerned local authority or planning authority: Provided that, renewal certificate shall be issued by the said authority, if required or mandatory as per the relevant Acts, Rules, etc.] 3[(1A) Notwithstanding anything contained in sub-section (1) or any other provision of this Act or any other provision of this Act or any other law for the time being in force, building above 30 meters in height but not exceeding 45 meters in height may be permitted, in case of occupancies specified as (C-1) in Schedule-I, that is to say, Hospitals, Sanatoria and Nursing Homes, if such building fulfills the minimum requirement of fire fighting installations specified in Schedule-I.] 4[(1B) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act or any other law for the time being in force,-
- (a) buildings above 30 meters in height but not exceeding 45 meters in height may be permitted in the areas of Municipal Corporation and Special Planning Authority, in case of occupancies specified as (B) in Schedule-I, that is to say Educational Buildings, if such building fulfills the minimum requirements of fire prevention and life safety measures as recommended in the respective Fire Safety Approval and which shall not be less than the minimum requirements for fire fighting installations specified in the Schedule-I;
- (b) in areas outside the limits of the Municipal Corporation and Special Planning Authority, the State Government may permit the authority empowered to sanction the construction plan on its request, to issue such certificate, in respect of buildings exceeding 30 meters in height in case of occupancies specified as (B) in Schedule-I, that is to say Educational Buildings, is such buildings fulfils the minimum requirements of fire prevention and life safety measures as recommended in the respective Fire Safety Approval and which shall not be less than the minimum requirements for fire fighting installations specified in Schedule-I; (1C) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act or any other law for the time being in force, building above 15 meters in height but not exceeding 24 meters in height, Multi-Level Car Parking (MLCP) upto 45 meters, Mechanised Automated Car Parking attached to minimum one side of the building or stand alone structure upto 100 meters, or any such other structure used for utility purpose such as storage of Diesel Generators (DG) Sets, may be permitted, in case of occupancies specified as (H) in Scheduled-I, that is to say storage buildings, if such buildings fulfils the minimum requirements of fire prevention and life safety measures as recommended in the respective Fire Safety Approval and which shall not be less than minimum requirements of fire fighting installations specified in Schedule-I.]
- (2) Notwithstanding anything contained in any law for the time being in force, no authority empowered to sanction the construction plan of any building or part of a building and to issue certificate of completion thereof, shall issue any certificate of completion or part completion thereof, unless it is satisfied that the owner has complied with the requirements specified in Schedule-I or as the case may be, in the notice so served on him as aforesaid. 5[(2A) Notwithstanding anything contained in sub-section (2) or in any other law for the time being in force, the State Government may, upon a request by a planning authority, permit the authority empowered to sanction the construction plan of any building or part of a building and to issue certificate, in respect of a building exceeding 45 meters in height in case of occupancies specified as (C-1) in Schedule-I, that is to say, Hospitals, Sanatoria and Nursing Homes, if such building fulfills the minimum requirement of fire fighting installations specified in Schedule-I.]
- (3) The owner or occupier, as the case may be, shall furnish to the Chief Fire Officer or the nominated officer, a certificate in the prescribed form issued by a Licensed Agency regarding the compliance of the fire prevention and life safety measures in his such building or part thereof, as required by or under the provisions of this Act and shall also furnish to the Chief Fire Officer or a nominated officer, a certificate in the prescribed form, twice a year in the months of January and July regarding the maintenance of fire prevention and life safety measures in good repair and efficient condition as specified in sub-section (1). 6[(3A) For the building as specified under section 45, the owner, or where the owner is not traceable, the occupier of a building, shall ensure that the fire fighting systems as recommended in the relevant Fire Safety Approval, is provided with automated continuous monitoring system as may be prescribed for ensuring that the fire fighting systems are in good repair and efficient working condition and these shall be certified by the Licensed Agency in the prescribed form and the manner and shall submit the same to the concerned authority in the manner as may be prescribed.]
- (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.
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