Chapter V GENERAL MEASURES FOR FIRE AND EMERGENCY PREVENTION AND LIFE SAFETY MEASURES

Preventive Measures

1. (1) The State Government may, by notification, require owner or occupier of premises in any area or of any class of premises used, which in its opinion, are likely to cause risk of fire, to take such precautions as may be specified in such notification.
2. (2) Where such notification has been issued, it shall be lawful for the Director or Fire Officer to direct the removal of objects or goods likely to cause the risk of fire, to a place of safety and on failure by the owner or occupier to do so, the Director or Fire Officer may, after giving the owner or occupier a reasonable opportunity of making the representation, seize, detain or remove such objects or goods.
3. (3) The Director or Fire Officer shall ensure that Fire and Emergency Management Plans of the Fire Stations and other field formations should be prepared in conformity with the respective District Disaster Management Plans.

Fire Prevention and Life 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 life safety measures prescribed under section 21.
2. (2) The erector of a pandal shall display at a prominent place in the pandal, a declaration in the prescribed form and under his/her own signature to the effect that he / she has taken all the prescribed fire prevention and fire safety measures therein as notified by the state government.
3. (3) It shall be lawful for the Director or Fire Officer to enter and inspect the pandal with a view to verify the correctness of the declaration so made by the erector under sub-section
4. (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.
5. (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 40 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 21 and section 22, it shall be lawful for the Director or Fire Officer to direct the removal of encroachments 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 Fire Officer may, after giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to adjudicate the matter: Provided that where the Director or Fire 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 encroachment or objects or goods forthwith and report the matter to the Sub-Divisional Magistrate accordingly.
2. (2) On receipt of a report under sub-section (1), the Sub-Divisional 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,
3. (3) After giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (2), the Sub-Divisional Magistrate may make an order to seize, detain or remove such encroachments or objects or goods as per prescribed rules.
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 possessions the objects or goods were at the time of seizure to claim the seized goods pursuant to notice given under sub-section (4), the Sub-Divisional Magistrate shall sell them accordingly by public auction.

Owner or Occupiers liability to provide Fire Prevention and Life Safety Measures

1. (1) Without prejudice to the provisions of National Building Codes of India, Model Building Bye-laws, 2016 by Ministry of Urban Development, Government of India, any other law or Bye-Laws, the owner or the occupier, who are either individually or jointly responsible, of a building as classified by 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,- a. provide minimum fire-fighting and life safety installations as provided in the bye-Laws; b. maintain the fire prevention and life safety measures in operational condition at all times, in the manner and specifications specified in 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 Building Bye laws applicable and enforcement of National Building Codes by the State, following buildings shall obtain 'Fire Safety Certificate' from Fire and Emergency Service;
   • (i) Multistoried buildings having more than 15 meter height from the plinth;
   • (ii) Special buildings like educational, institutional, assembly, business, mercantile, industrial, storage and hazardous buildings as defined in National Building Code, 2016;
   • (iii) Mixed occupancies with any of the aforesaid occupancies having more than 500 square meters area,
5. (4) Owners of Buildings, under sub-section (3), shall ensure that such multi-storied or special buildings be equipped with automatic sprinkler systems, fire alarms and fire extinguishers to prevent or extinguish fire, as per the prescribed rule;
6. (5) The owner or occupier, as the case may be, shall furnish to the Fire Officer, a certificate in the prescribed form issued by a qualified agency / Third Party Auditor regarding the compliance of the fire prevention and life safety measures in his building or part thereof, as required by or under the provisions of this Act, and shall also furnish to the Fire 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
7. (1) of this section.
8. (6) No person other than the qualified agencies, as specified in the National Building Code of India or rule made under this Act, 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.
9. (7) The State Government may by notification in the official Gazette provide the condition for recognition, registration and licensing of Qualified Agency or Third Party Auditor.

Issue of Fire Safety Certificate

1. (i) The Fire Officer shall scrutinize the compliances with regard to the requirement of section 24 made by owners or occupiers or applicant, as the case may be, either independently or jointly, after making necessary inquiry, 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, the fire safety certificate, issued under section 24 of this Act, shall be cancelled after giving owner or occupier an opportunity of hearing to 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 24.
4. (iv) 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.

Appointment and Functions of Fire Safety Officer

1. (1) To ensure effective fire prevention and life safety measures of the factory or buildings or premises as may be specified by an order, by the State Government in this behalf, every owner and occupier or occupiers individually or jointly, as the case may be,-
   • (a) shall appoint a Fire Safety Officer, having such qualifications as may be prescribed;
   • (b) send the compliance report to the Fire Officer.
2. (2) The Fire Safety Officer so appointed under sub-section
3. (1) shall be issued the enrolment certificate by the Fire Officer under his signature and seal of the office in the prescribed form.
4. (3) In case of a vacancy of the Fire Safety Officer appointed under sub-section (1), either on resignation or otherwise, the owner and occupier or occupiers individually or jointly, as the case may be, shall be required to immediately appoint the fire safety officer. In case of the non-appointment of the Fire Safety Officer, as envisaged under sub-section (1), the Fire Officer may take such steps as he deems necessary, which includes report to the Labour Commissioner for the closure of the factory and in other cases to the relevant authority for necessary action under relevant law. The Fire Safety Officers shall undergo training at the Fire and Emergency Service Training Institute as may be specified by the State 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 State Government, shall not be required to undergo such a training.

Power of Inspection

1. (1) The Director or Fire Officer 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 or contravention of fire prevention and life safety measures: Provided that, the Director or Fire Officer may enter into and inspect any such place or building or part thereof at any time if an industry is working or an entertainment is going on at such place, building or part thereof, or if it appears to him to be expedient and necessary to do so in order to ensure safety to life and property.
2. (2) The Director or Fire Officer shall be provided with all possible assistance by the owner or occupier, as the case may be, of such place or building or part thereof 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 or authorized under this section into or upon any land or building or shall not molest such person after such entry for inspection.
4. (4) When any such place or building or part thereof used as a human dwelling is entered under sub-section (3), due regard shall be paid to the social and religious sentiments of the occupiers; and before any flat, apartment or a part of such building in the actual occupancy of any woman, who, according to the custom does not appear in public, is entered under sub-section (3), notice shall be given to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for withdrawing.
5. (5) Where the inspection is carried out by the Fire Officer under the preceding provisions of this section, he shall give a report of any such inspection to the Director or Fire Officer of the authority concerned.
6. (6) The Director or Fire Officer shall, after completion of the inspection of the place or building or part thereof under this section, record his views on the deviations from or the contraventions of, the requirements with regard to the fire prevention and life safety measures or the inadequacy or non-compliance of such measures provided 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 building or part thereof directing him to undertake such measures within such time as may be specified in the notice.

Information on outbreak of fire Any person who possesses any information regarding an outbreak of fire shall communicate the same without delay to the nearest fire station.