Haryana Fire & Emergency Act, 2022

Background

Haryana Fire and Emergency Act, 2022  was enacted to consolidate the law relating to Fire and Emergency Services and to make provisions for prevention of fire and providing of fire safety measures in the buildings in the State of Haryana and for matters connected therewith and incidental thereto.

This Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 7th April, 2022.

This act ensures that the relevant premises, the owner or the occupier of a building comply with the fire safety standards stated under this act.

Legal Requirements and Compliance under Haryana Fire and Emergency Services Act, 2022

Liability of Owner or Occupiers for Approval of Fire Fighting Scheme (Section18)

In compliance of the provisions of Part IV of the National Building Code of India, 1983 as revised from time to time, Haryana Building Code, 2017 and any other State law or bye-laws, as applicable on relevant premises, the owner or the occupier of a building, who is responsible either individually or jointly shall-

(i) Provide fire fighting installations and life safety measures;

(ii) Maintain the fire prevention and life safety measures in operational condition at all time

Purpose of Fire Fighting Scheme

  • Ensure Fire Safety Compliance:
    To mandate the installation and maintenance of fire prevention, detection, and suppression systems in buildings and premises.
  • Protect Life and Property:
    To minimize risk to human life and reduce damage to assets from fire-related incidents.
  • Establish Accountability:
    To hold building owners and occupiers responsible for implementing and maintaining approved fire safety measures.
  • Strengthen Emergency Preparedness:
    To ensure that premises are equipped and structured for safe evacuation and emergency response in case of fire.

Who Shall Apply Under the Fire Fighting Scheme?

Any person proposing to construct a building after approval of building plans from the officer competent to approve the same under the relevant law, shall apply for approval of the fire fighting scheme confirming to the provisions of this Act and Part- IV of the National Building Code of India, 1983 as revised from time to time, to the Director or any officer authorized by him in this behalf, in such form, along with such fee, as may be prescribed, namely:

(a) All high rise buildings (except residential buildings up to height of 16.5 metres); and

(b) Special buildings including-

(i) hotel, educational, institutional, business, mercantile, industrial, storage, hazardous and mixed occupancies, where any of these buildings have floor area more than five hundred square meter (500 square meters) on any one or more floors;

(ii) Educational buildings having height of nine meters (9 meters) and above;

(iii) Institutional buildings having height of nine meters (9 meters) and above;

(iv) All assembly buildings;

(v) Buildings, having area more than three hundred square meters (300 square meters) of incidental assembly occupancy on any floor; and

(vi) Buildings with two basements or more, or with one basement of area more than five hundred square meters (500 square meters) unless otherwise mentioned specifically in the provisions.

Procedure for Approval of Fire Fighting Scheme

Step 1: Preparation of Building Plans

  • The applicant (owner/occupier/developer) must first get the building plans approved by the competent authority under the relevant building laws.

 

Step 2: Preparation of Fire Fighting Scheme

  • A detailed fire fighting and life safety scheme must be prepared in accordance with:
  • Part IV of the National Building Code (NBC), 1983, as revised.
  • parameters laid down under the Haryana Building Code 2017,
  • Applicable provisions of the Haryana Fire and Emergency Services Act, 2022.

 

Step 3: Submission of Application

  • Submit the fire fighting scheme to the Director of Fire Services or an authorized officer.
  • The application must be made in the prescribed format, along with:
  • Building plans (sanctioned layout)
  • Fire safety layout and equipment details
  • Prescribed application fee

 

Step 4: Scrutiny of the Scheme

  • The Fire Department will scrutinize the application for compliance with:
  • Safety standards
  • Equipment placement
  • Water supply and accessibility
  • Means of escape and evacuation

 

Step 5: Approval of the scheme

  • The Director or any officer authorised by him in this behalf, after scrutiny may grant the approval of fire fighting scheme which shall be valid for a period of five years for the buildings mentioned in clause (a) of sub-section (2) and for a period of two years for the buildings mentioned in clause (b) of sub- section (2) of Section 18 or reject the said application after recording reasons within such time, as may be prescribed: Provided that the Director or any other officer authorized by him in this behalf while approving the Fire Fighting Scheme may impose any additional conditions/fire safety measures, which he deems fit, for the safety of people and safety of the building depending upon the ground situation.

Fire Safety Certificate (Section 19)

  • On completion of requisites given under section 18 and installation of fire protection and preventive measures as per the approved scheme the owner of the building shall apply for fire safety certificate to the Director or any officer authorized by him in this behalf, in such form along with such fee, as may be prescribed.
  • The concerned officer shall scrutinise the application and conduct inspection of the building to check if it is in compliance with the fire fighting scheme or not.
  • After inspection of fire safety installation and means of escape as per approved fire fighting scheme, the concerned officer shall submit his report to the Director or any other officer authorised by him within such time, as may be prescribed. After examination, the Director or any officer authorised by him may grant approval and issue fire safety certificate or reject the said application after recording the reasons, within such time as may be prescribed
  • The fire safety certificate shall be issued and which shall be valid for a period of three years for residential buildings above sixteen and half meters (16.5 meters) shall be valid for five years and for special buildings as specified in clause (b) of sub-section (2) of section 18 shall be valid for three years.

 

Note: the authority competent to approve the fire safety certificate may impose any additional conditions with regard to fire safety and life safety measures as he may deem fit, for the safety of people and building depending upon the ground situation.

  • A self- declaration certificate shall be given by the owner/occupier annually to the effect that the fire fighting system installed in his building is working in good condition and there is no addition/alteration in the building.

Renewal of Fire Safety Certificate (Section 20)

  • The owner or occupier shall apply for renewal of fire safety certificate within such period in such form, along with such fee, as may be prescribed.
  • The Fire Officer or any officer authorized by the Director in this behalf, shall issue the renewal of fire safety certificate after scrutinizing the application or reject the same after recording reasons in this regard within such time as may be prescribed. The Fire Safety officer may also impose additional conditions as he may deem fit for the safety of people and building depending upon the ground situation.
  • The validity of renewal of fire safety certificate shall be three years for buildings as mentioned under clauses (a) and (b) of sub-section (2) of section 18.
  • A self- declaration certificate shall be given by the owner/occupier annually to the effect that the fire fighting system installed in his building is working in good condition and there is no addition/alteration in the building.

Fire Prevention and Life Safety Measures in Temporary Structure (Section 16)

  • The person erecting a pandal shall be considered a self-regulator and shall be responsible for implementing all fire prevention and life safety measures in accordance with the provisions of this Act.
  • The erector of pandal shall display at a prominent place in the pandal, a declaration in the prescribed form under his own signature to the effect that he has taken all prescribed fire prevention and life safety measures
  • The Director or any officer authorized by him may enter and inspect the pandal at any time to verify the accuracy of the declaration made by the erector. If any shortcomings are found, directions shall be issued to rectify them within a specified period. Failure to comply with these directions within the stipulated time shall result in the sealing of the pandal by the Director or the authorized officer.

Penalties & Punishments

In case of non-compliance

  • Penalty for False Declaration by erector under Section 16:
    If any pandal erector makes a false declaration regarding the implementation of fire prevention and life safety measures, he shall be deemed to have committed an offence under this Act. Such offence shall be punishable with imprisonment for a term that may extend up to three months, or with a fine that may extend up to ten thousand rupees, or with both.
    In the case of a continuing offence, an additional fine of up to one thousand rupees per day shall be imposed for each day the offence continues.
  • In case of non- compliance under Section 19 & 20:

The Fire Officer may randomly check such building. In case there is any addition/alteration beyond permissible limits under the Haryana Building Code, 2017, the fire safety certificate/renewal of fire safety certificate shall cease to exist and the owner shall apply for approval of revised Fire Fighting Scheme as per the provisions of section 18.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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