The Delhi Fire Prevention and Fire Safety Act

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

The Delhi Fire Prevention and Fire Safety Act, 1986; Issues, Challenges & Possible Solutions Dr Pankaj Arora

Ours…… Mine? Your?

Ours…… Mine? Your?

Key words • "building" means a house, outhouse, stable, latrine, urinal, shed hut, wall

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

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

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.

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. –

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

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

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

The Haryana Fire Service Act, 2009

Training of Fire Safety Officers

Training of Fire Safety Officers

NOC

NOC

Validity of Licence

Validity of Licence

The Delhi Fire Service Act, 2007

The Delhi Fire Service Act, 2007

Case Studies

Case Studies

Who is covered? • Is the Act applicable to all the buildings? • What

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

Who is covered? • Chief Fire Officer may enter and inspect any building, the construction of which was completed on or before the 6 th 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.

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

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

• 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

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

Ruling • Irrespective of the applicability of the provisions contained in the NDMC 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

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

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

– 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

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.

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

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

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

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

• 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

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

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 23 rd 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.

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

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

PGIMER • Notices have been issued in the past. • Communication has been received from the Mo. HFW. • Questions have been asked in the Parliament.

PGIMER Committee to do a Pre Audit formed by MS.

PGIMER Committee to do a Pre Audit formed by MS.

PGIMER • Detailed internal audit of the Institute done. • Areas for improvement identified.

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.

P G I M E R

P G I M E R

PGIMER • Most of points related to Engineering Services. • DPGI directed the Engineering.

PGIMER • Most of points related to Engineering Services. • DPGI directed the Engineering. department to discuss and do needful • Prioritization done.

P G I M E R Steps being taken to address the issue

P G I M E R Steps being taken to address the issue

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

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

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.

PGIMER • Mock drills have been planned and are being conducted. Mock Drill Observations

PGIMER • Mock drills have been planned and are being conducted. 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

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

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

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

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

• 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

• 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

BASICS

Road Ahead • National Building Code. • Application of Fire safety provisions & practices.

Road Ahead • National Building Code. • Application of Fire safety provisions & practices. • Plan well. • Follow the Law in Letter and Spirit….

THANK YOU

THANK YOU

THANK YOU • • • Prof A K Gupta Dr Shweta Talati Dr Ranjit

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