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

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

3. Whose Organization was that? Ours…… Mine? Your?

4. 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.

5. 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.

6. 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.

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

8. 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.

9. 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.

10. 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.

11. The Haryana Fire Service Act, 2009

12. Training of Fire Safety Officers

13. NOC

14. Validity of Licence

15. The Delhi Fire Service Act, 2007

19. Case Studies

20. Who is covered? • Is the Act applicable to all the buildings? • What about the buildings built prior to formulation of this Act in 1986?

21. 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.

22. Who is covered? • Consideration • Building bye laws at the time of construction. • Minimum standards framed under the Act. • May issue notice

23. 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.

24. 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.  

25. Question of Law • BSES filed for clarification: • Under other laws bound to supply electricity. • Buildings in the “Lal Dora” and “extended Lal Dora areas”.

26. 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. 

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

28. 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

29. 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.

30. 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.

31. 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.

32. 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?

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

34. Allegation of Delay • Delayed call to Fire Office this time. • Another fire few months back, call made to fire brigade. • Why?

35. 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.

36. 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.

38. 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.

39. 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.

40. 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.

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

42. PGIMER Committee to do a Pre Audit formed by MS.

43. 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.

44. PGIMER

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

46. Steps being taken to address the issue PGIMER

47. 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.

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

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