The Delhi Fire Prevention and Fire Safety Act, 1986;Issues, Challenges &

Possible Solutions

Dr Pankaj Arora

Whose Organization was that?

Your?Mine?Ours……

Key words

• "building" means a house, outhouse,

stable, latrine, urinal, shed hut, wall

(other than a boundary wall) or any other

structure, whether of masonry, bricks,

wood, mud, metal or other material.

Key words

• "occupier“ – tenant– owner– a rent-free tenant of any land or building;– a licensee in occupation of any land or

building; – any person who is liable to pay to the owner

damages for the use and occupation of any land or building.

Key provisions

• Inspection of buildings, premises, etc:– three hours' notice to the occupier;– if there be no occupier, to the owner;– at any time between sunrise and sunset;– at any time if it appears to it to be expedient

and necessary to do so in order to ensure safety of life and property;

– all possible assistance to be provided.

Key provisions

• Follow up:– Deficiencies noted.– Notice issued to the owner/occupier.– Report sent to Chief Fire Officer.

Key provisions

• Power to seal buildings or premises– Chief Fire Officer.– If any building is dangerous to life &

property.– Can direct local police to help.

Key provisions

• Penalties– Whoever contravenes any provision of this

Act.– imprisonment for a term which may extend

to six months, – or with fine which may extend to fifty

thousand rupees,– or with both.

Key provisions

– where the offences is a continuing one, with

a further fine which may extend to three

thousand rupees for every day after the first

during which such offences continues.

The Haryana Fire Service Act, 2009

Training of Fire Safety Officers

NOC

Validity of Licence

The Delhi Fire Service Act, 2007

Case Studies

Who is covered?

• Is the Act applicable to all the buildings?• What about the buildings built prior to

formulation of this Act in 1986?

Who is covered?

• Chief Fire Officer may enter and inspect any building, the construction of which was completed on or before the 6th day of June, 1983 (being the date on which the current building bye-laws had come into force) or any building which was under construction on such date.

Who is covered?

• Consideration– Building bye laws at the time of

construction.– Minimum standards framed under the Act.

• May issue notice

WP(C) No. 2710/1998 decided on 29.5.2003

• In all high rise buildings in Delhi and New Delhi, fire safety measures to be provided according to bye laws.

• Existing but unoccupied buildings and buildings under construction – not to grant occupancy certificate till satisfactory fire safety measures are provided.

• Electricity companies shall not supply essential services to any new high rise building unless and until the building is erected in accordance with law and bye laws.

Question of Law

• BSES filed for clarification:– Under other laws bound to supply

electricity.– Buildings in the “Lal Dora” and “extended Lal

Dora areas”.

Ruling

• Irrespective of the applicability of the provisions contained in the NDMC Act or DMC Act or DDA Act or exemption granted under the notification one must provide fire safety measures if the building is of 15 meters height.

• Duty of the Chief Fire Officer or nominated authority to inspect the buildings.

Who is responsible?

• In case of Hospitals or other such organizations, who is responsible?– Director– Medical superintendent– Fire officer– No one

Who is responsible?

• Offences committed by a company

– every person in charge of, and responsible

to, the company for the conducts of the

business of the company, as well as the

company, unless

– such person proves that the offences was

committed without his knowledge or that he

had exercised all due diligence to prevent

the commission of such offences.

Who is responsible?

• If it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence.

AMRI case

• Fire in major Kolkata hospital.• More than 90 patients died.• Six directors and four hospital

administrators arrested.• One of the directors granted bail.

AMRI case

• “…..grant him bail because in 2011 he had not attended any board meeting and it shows that he had no direct involvement in the affairs of the hospital."

• Interestingly, who is the chairman of the board?

AMRI case

• Government of West Bengal has a nominee as Chairman of AMRI hospitals Ltd. Govt. has a 1.75% share in AMRI hospitals.

Allegation of Delay

• Delayed call to Fire Office this time.• Another fire few months back, call made

to fire brigade.• Why?

• Enquiry into origin of fire and report to Magistrate. – senior most officer;– ascertain the facts as to the origin and cause; – make a report thereon to the Magistrate having

jurisdiction;– said Magistrate may summon witnesses and

take evidence to further ascertain facts.• Copies of all reports and of all evidence

furnished on application to any Fire Assurance company.

Fire at Rajendra Hospital, Patiala

• Fire in Neonatology unit on 31/01/2009.• Five Neonates died.• Inquiry held• Three officials charge sheeted including

two senior officials after 14 months.

Three choked to death in ICU fire at KMC

• Fire in Intensive Medical Care Unit (IMCU) of the Kilpauk Medical College and Hospital (KMCH), Chennai on 23rd July, 2011.

• Three fatalities.• Cause: Fire in AC.• Patients shifted yet causalities.

Three choke to death in ICU fire at KMC

• Hospital ignored multiple warnings.• Inspection – poor maintenance of

electric cables and lack of a hose roll system to extinguish fires.

• Written communication to the hospital, to upgrade their fire safety measures and look into re-wiring electric cables.

PGIMER

• In the last year, 24 incidents of fire.• In the current year, till now 31 incidents of fire.• 80% related to electrical problems mostly short

circuiting.• No casualties.

PGIMER

• Notices have been issued in the past.

• Communication has been received from

the MoHFW.

• Questions have been asked in the

Parliament.

PGIMER

Committee to do a Pre Audit formed by MS.

PGIMER

• Detailed internal audit of the Institute done.

• Areas for improvement identified.• Committee made close to 90

observations which included common and specific for different areas.

PGI

MER

• Most of points related to Engineering Services.

• DPGI directed the Engineering. department to discuss and do needful

• Prioritization done.

PGIMER

Steps being taken to address the issue

PGI

MER

PGIMER

• Six fire control rooms in Institute.• Trained Fire Officer working in the

Security department.• Fire escape routes have been cleared.• Engineering department has been made

accountable.• Regular monitoring of progress as it may

be a long drawn process.

PGIMER

• A study has been conducted under the guidance of Prof A K Gupta, Prof Arun Aggarwal and Dr Ashok Kumar to understand the awareness regarding the issue at PGIMER.

• Mock drills have been planned and are being conducted.

PGIMER

Mock Drill Observations

Actions By sister/In charge of the ward

Whether information given to fire control room or not. Yes

Whether electrical personnel called. Yes

Whether escape route was opened. Yes

Action by fire personnel

Time taken by fire personnel to reach the site. < 5 minutes.

Whether fire personnel came with basic fire fightingequipments. Yes

During evacuation whether Fire personnel searched the whole

area or not. Yes

Action by Security personnel.

Whether security personnel reached at the site timely. Yes

Were they aware about their duties during the fire fighting and

rescue operations. Yes

Whether the area was cordoned. Yes

BUT…….

• Newer buildings are being planned across the hospitals.

• But the problem persists.

PGIMER

• Similar problems are also faced at PGI.• Attempts have been made to rectify the

problems.• Possible solution: Inbuild the

requirement of fire clearance in the tender itself.

Chandigarh

• Notices have been issued.

• 150 notices were issued in the year 2012.

• In the past four years only four buildings

have been sealed for violation of safety

norms.

Some facts

• The Maharashtra Fire Prevention and Life

Safety Measures Act, 2006, empowers

the chief fire officer to disconnect water

and electric connections of violators.

• According to the West Bengal Fire Services Act, renewal of the NOC every year is mandatory for any establishment that requires fire clearance.

• More than 500 beds – Fire officer must be appointed.

• Ruby Hospital, Kolkata was shut in 2008 for violation of fire norms and had to do the modifications.

• Tomorrow it can be your hospital………..

BASICS

Road Ahead

• National Building Code.

• Application of Fire safety provisions & practices.

• Plan well.• Follow the Law in

Letter and Spirit….

THANK YOU

• Prof A K Gupta• Dr Shweta Talati• Dr Ranjit Bhogal• Mr Rajesh, Fire Officer• Mr P C Sharma, CSO

THANK YOU