Background
With urban areas in Maharashtra rapidly expanding, the risk of fire incidents has increased over the years. In response, the state introduced stricter fire safety regulations to ensure the safety of both people and property. It is expedient to make more effective provisions for the fire prevention and life safety measures in various types of buildings in different areas in the State of Maharashtra, for imposition of fee, constitution of a special fund and for the purposes connected therewith, or incidental thereto.
The Maharashtra Fire Prevention and Life Safety Measures Act, 2006 received the assent of the President on the 27th January 2007; assent was first published in the Maharashtra Government Gazette, on the 5th February 2007.
Liability of Owner/Occupier to Obtain Fire Safety Approval
Owner or occupier of any building as classified in Schedule-I or part of any such building, is required to obtain necessary Fire Safety Approval (Provisional or Final) and Certificate and ensure timely renewal from the Chief Fire Officer of the concerned local authority or planning authority; and where there is no Chief Fire Officer in such area or in the area outside the limits of the local authority or planning authority, from the Director. [Section 3 (1)]
Liability of Owner/Occupier to Provide Fire Prevention & Safety Measures
The owner or occupier shall provide fire prevention and life safety measures as recommended in the respective Fire Safety Approval, which shall not be less than the minimum requirements of fire safety installations prescribed in Part 4 of the National Building Code of India or any relevant Part thereof and as specified against such building in Schedule-I as applicable from time to time and shall maintain the fire prevention and life safety measures in good repair and efficient condition at all times, in accordance with the provisions of this Act and the rules made thereunder [Section 3 (1)]
Liability of Owner/Occupier to Submit Certificate of Compliance
The Owner or Occupier is required to submit a Certificate of Compliance of Fire Prevention and Life Safety Measures issued by a Licensed Agency twice a Year. [Section 3(3)]
Liability of Owner /Occupier to Conduct Fire and Life Safety Audit
Fire and Life Safety Audit shall be carried out by the Owner, or occupier of a building for all the occupancies mentioned in sub-section (1) of section 45, by licensed Fire and Life Safety Auditor and such Fire and Life Safety Audit shall be carried out within a period of one year from the date of commencement of Maharashtra Fire Prevention and Life Safety Measures (Amendment) Act, 2023 and thereafter, once in every two years. [Section 3(3A)]
Liability of Owner/Occupier to Appoint Fire Officer or Fire Supervisor
Section 45(1) states that there shall be appointed by every owner or occupier, a fire officer or fire supervisor for every building of the following description, namely:
a) Building with height more than 30 metres and used for,—
(1) hotel,
(2) hospital,
(3) business,
(4) mercantile,
(5) mixed occupancy of whatever kind or purposes.
(b) Building used as,—
(1) residential building with height more than 70 meters;
(2) large oil and natural gas installation such as refineries, LPG bottling plant and other similar facilities;
(3) industrial building with moderate hazardous activities in nature having built up area 30,000 square meters or more and industrial building with high hazardous activities in nature having built up area of 10,000 square meters or more.
No Tampering with Safety Equipment
No person shall tamper with, alter, remove or cause any injury or damage to any fire prevention and life safety equipment installed in any such building or part thereof or instigate any other person to do so. [Section 3(4)]
Fire and Life Safety Audit of Certain Buildings [Section 45A]
Penalties & Punishments
Provided that, in the absence of any special and adequate reasons to the contrary to be mentioned in the Judgement of the Court, such punishment shall not be less than three months and such fine shall not be less than ten thousand rupees or such daily fine shall not be less than one thousand rupees per day for a continuing offence.
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