Penalty for failure by the owners and occupiers of a building to procure Fire Safety Certificate

(1) If the owners or occupiers of low-risk buildings are discovered to not have a Provisional Fire Safety Certificate, the Final Fire Safety Certificate or the renewal thereof, the Fire Officer shall take the following actions against them, namely:- (i) at the first instance, the Fire Officer shall issue a notice to the owners or occupiers, directing the owners or occupiers to apply within fifteen days of receiving such notice and obtain the relevant Fire Safety Certificate within next forty-five days and warning the owners or occupiers that failure to obtain the certificate shall lead to a fine and/or sealing of the building: Provided that in case of the failure to obtain a Provisional Fire Safety Certificate, the notice shall also contain the direction that no activity relating to the construction of the building be carried out until a valid Provisional Fire Safety Certificate is obtained. The notice may also contain the details of the irregularities with respect to fire safety in the building. (ii) In case the owners or occupiers fail to obtain the relevant Fire Safety Certificate within sixty days from the date on which the notice was issued, the Fire Officer shall issue an order levying a fine of up to Rs. 15,000 and shall also issue a notice directing the owner or occupier to obtain the relevant Fire Safety Certificate within forty-five days. In the notice, the Fire Officer shall specify that the failure to obtain the relevant Fire Safety Certificate shall result in the sealing of the building. (iii) In case the owners or occupiers fail to obtain the relevant Fire Safety Certificate within forty-five days from the date on which the notice was issued under clause (ii), the Fire Officer shall issue an order to seal the building after giving a notice of twenty-four hours. After sealing the building, the Fire Officer shall give a report to the Director or the Head of the local authority, in such manner, as may be prescribed, declaring that the building under question has been sealed. (2) If the owners or occupiers of medium-risk buildings are discovered to not have a Provisional Fire Safety Certificate, the Final Fire Safety Certificate or the renewal thereof, the Fire Officer shall take the following actions against them, namely:- (i) At the first instance, the Fire Officer shall issue an order levying a fine of up to Rs. 15,000, and shall also issue a notice directing the owners or occupiers to apply within fifteen days and obtain the relevant Fire Safety Certificate from the relevant Fire Officer within next forty-five days, with the warning that the failure to do so shall result in the sealing of the building: Provided that in case of the failure to obtain a Provisional Fire Safety Certificate, the notice shall also contain the direction that no activity relating to the construction of the building be carried out until a valid Provisional Fire Safety Certificate is obtained. (ii) In case the owners or occupiers fail to obtain the Fire Safety Certificate within sixty days of issuance of the notice, the Fire Officer shall issue an order to seal the building after giving a (2) ... notice of twenty-four hours. After sealing the building, the Fire Officer shall give a report to the Director or the Head of the local authority, in such manner, as may be prescribed, declaring that the building under question has been sealed. (3) If the owners or occupiers of high-risk buildings are discovered to not have a Provisional Fire Safety Certificate, the Final Fire Safety Certificate or the renewal thereof, the Fire Officer who discovered that the building does not have a Provisional or Final Fire Safety Certificate or the renewal thereof shall take the following actions against them, namely:- (i) At the first instance, the Fire Officer shall issue an order levying a fine of up to Rs. 25,000, and shall also issue a notice directing the owners or occupiers to apply within fifteen days and obtain the relevant Fire Safety Certificate from the relevant Fire Officer within next forty-five days, with the warning that the failure to do so shall result in the sealing of the building: Provided that in case of the failure to obtain a n Provisional Fire Safety Certificate, the notice shall also direct that no activity relating to the construction of the building be carried out until a valid Provisional Fire Safety Certificate is obtained. (ii) In case the owners or occupiers fail to obtain the Fire Safety Certificate within sixty days of issuance of the notice under clause (i), the Fire Officer shall issue an order to seal the building after giving a notice of twenty-four hours and an additional fine of ten rupees per square meter of covered area on all floors. After sealing the building, the Fire Officer shall give a report to the Director or Head of the local authority, in such manner, as may be prescribed, declaring that the building under question has been sealed. (4) In case of any notice issued with respect to the failure to procure the Final Fire Safety Certificate, the notice may also contain such directions as are necessary to minimise the risk of loss of life by outbreak of fire in the building, to be complied with till the Final Fire Safety Certificate is procured. (5) To issue show-cause notices before imposing fines under this section, the local authority may issue a general notification identifying all owners and occupiers within an identifiable locality that have not obtained a Fire Safety Certificate: Provided that such general notice shall contain all particulars that a show-cause notice is required to contain under this Act.