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

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.