Transcript The Delhi Fire Prevention and Fire Safety Act, 1986

The Delhi Fire Prevention and
Fire Safety Act, 1986;
Issues, Challenges &
Possible Solutions
Dr Pankaj Arora
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
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•
•
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.
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PGIMER
• Most of points related to Engineering
Services.
• DPGI directed the Engineering.
department to discuss and do needful
• Prioritization done.
P
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Steps being taken to address the issue
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.
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 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….
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Prof A K Gupta
Dr Shweta Talati
Dr Ranjit Bhogal
Mr Rajesh, Fire Officer
Mr P C Sharma, CSO