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Gujarat Fire Prevention and Life Safety Measures Act, 2013

The Gujarat Fire Prevention and Life Safety Measures Act, 2013, is a critical framework established by the Government of Gujarat to enhance fire safety across various buildings, premises, and temporary structures or shamiyana or tents or mandap in the state. Administered by the Urban Development and Urban Housing Department, with support from the Gujarat Institute of Disaster Management (GIDM) and the Directorate of Fire Prevention Services (DFPS), this Act outlines stringent compliance requirements to ensure the safety of occupants and properties.

 

It is expedient to make effective provisions for the fire prevention, safety and protection of life and property in various types of buildings and temporary structures or shamiyana or tents or mandap likely to cause a risk of fire, in different areas in the State of Gujarat, fire service fee, constitution of a special fund and for the purposes connected therewith or incidental thereto

Compliances under Gujarat Fire Prevention and Life Safety Measures Act In Accordance With the Rules & Regulations Made Therein

Appointment of Fire Safety Officer

xAs per Section 12 of Gujarat Fire Prevention and Life Safety Measures (Amendment) Act, 2021 read with Rule 21 of Gujarat Fire Prevention and Life Safety Measures Rules, 2014 (as amended by Gujarat Fire Prevention and Life Safety Measures (Amendment) Rules,2021) and Regulation  7.2 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023.

  • Every owner or occupier shall appoint a fire safety officer two months prior to expiry of fire safety certificate, having such qualifications experience and training as prescribed and upload the details on the Web portal.
  • Fire safety officer shall be enrolled by the Director after successful completion of the prescribed training and shall be issued the enrolment certificate in “Form-B12. [Regulation 6.1 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023]
  • Any company wishing to enrol as fire safety officer must have a minimum of three fire safety officers which include at least one fire safety officer of Specialist grade.
  • In the case of vacancy in the office of fire safety officer, the owner or the occupier shall immediately appoint the fire safety officer
  • Similar provisions for appointment of Fire Safety Executive are there in Regulation 27 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023 [Regulation 6.3 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023]
  • Every owner or occupier shall appoint a fire safety officer two months prior to expiry of fire safety certificate, having such qualifications experience and training as prescribed and thereafter shall send the compliance report to that effect in “Form-B11″to the Regional Fire officer or the Chief Fire officer.

Penalty

  • If the director or regional fire officer or chief fire officer is satisfied that due to inadequacy of fire prevention and life safety measures the condition of any place or building or part thereof is in imminent danger to person or property, then notwithstanding anything contained in this act, or any other law for the time being in force, he shall, by order in writing, require the persons in possession or in occupation of such place or building or part thereof to remove themselves forthwith from such place or building or part thereof.

Fire Safety Certificate (Form B-13)

As per Rule 23(2) of the Gujarat Fire Prevention & Life Safety & Measures Rules, 2014 and Regulation 5 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023.

  • The application for grant of Fire Safety Certificate shall be made to the Regional Fire officer or the Chief Fire officer in Form- Bl4 and shall be accompanied with a certificate from the Licensed Agency or architect on record or engineer on record or structural engineer on record and owner or occupiers to the effect that all the fire prevention, life safety and fire protection measures as required under rule 22 have been incorporated in the building or premises. Certificate will be issued in Form B 13
  • List of buildings requiring fire safety certificate:(Schedule III of the Gujarat Fire Prevention and Life Safety Measures (Amendment) Rules, 2021:

(a) All high rise buildings having height 15 m and above; and

(b) special buildings, those are,

(1) hotel, educational, institutional, business, mercantile, storage, hazardous and mixed occupancies buildings, where any of these buildings have floor area more than 500 m2 on any one or more floors;

(2) educational buildings having height of 9 m and above;

(3) institutional buildings having height of 9 m and above:

(4) all assembly buildings;

(5) all multilevel car parking;

(6) industrial buildings (ANNEXURE B of NBC-20 16pafi 4);

(i) Light Hazard- having height of l5 m and above

(ii) Moderate hazard, _ covered area more than 500 m2

(iii) High hazard – covered area more than 50 m2

(7) all hazardous buildings;

(8) buildings, having area more that 300m2 of incidental assembly occupancy on any floor;

(9) buildings with nerrow basements or more, or with one basement of area more than 500 m2.

 

Penalty for non-renewal of fire safety certificate within prescribed time –

  • N × (25% of FSCA Fee), where N=No. of blocks of 90 days and FSCA means Fire Safety Certificate Approval.

Certificate by Licensed Agency (Form B-1)

As per Rule 14 of the Gujarat Fire Prevention & Life Safety & Measures Rules, 2014

  • A certificate regarding the compliance of the fire prevention, life safety and fire protection measures in a building or a part thereof as specified in the THIRD SCHEDULE, may be issued by a Licensed Agency in “Form-B1”.
  • This certificate shall be valid for two year from the date of issue

 

Annual Declaration (Form B-2)

As per Section 19(3) of Gujarat Fire Prevention and Life Safety Measures (Amendment) Act, 2021 read with Rule 14(2) of the Gujarat Fire Prevention & Life Safety & Measures Rules, 2014 and Reg. 8.1 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023

  • During the period of validity of the Fire Safety Certificate the Licensed Agency shall give an annual declaration in “Form-B2” stating that the fire prevention, life safety and fire protection measures provided in the building or premises are operational, in good repair and efficient condition.
  • This declaration shall be submitted to the Regional Fire officer or the Chief Fire officer not later than 15 days every year on completion of first and second year from the date of issue of fire safety certificate” and it shall be uploaded on the Web portal

 

Declaration by fire safety officers (Form B-15)

As per Section 26 of Gujarat Fire Prevention and Life Safety Measures Act, 2013 and Reg 8.3 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023

  • The fire safety officer appointed as per regulation No. 6.2 or 6.3, after inspection of the building or premises shall declare every six months from the date of issue of fire safety certificate renewal (FSCR/FSCRe) in “Form-B15” of the Rules that fire prevention, life safety and fire protection measures
  • Provided in the building or premises are operational, in place and in best repairs. . Such declaration shall be uploaded on the Web portal by the fire safety officer within stipulated time.

Penalty

  • N × (100% of FSPA Fee), where N=No. of blocks of 90 days; FSPA is Fire Safety Plan Approval and Suspension of fire safety certificate

Bi-Annual Emergency Mock Drills

As per Reg 8.5 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023

  • The fire safety officer shall also perform bi-annual emergency mock drills along with inspection of the fire safety measures and give declaration and maintain record of the same. Refer ANNEXURE 11 for checklist of mock fire and emergency drill and ANNEXURE 12 for the building/premise Inspection Checklist.

Penalty –

  • N × (100% of FSPA Fee), where N=No. of blocks of 90 days; FSPA is Fire Safety Plan Approval and Suspension of fire safety certificate

 

Fire Safety Officer Training

As per Section 17A of Gujarat Fire Prevention and Life Safety Measures (Amendment) Ordinance, 2021.

  • The Fire Safety Officers shall undergo training as may be prescribed.

Minimum Standards for Fire Prevention and Safety in Buildings

As per Section 18 of the Gujarat Fire Prevention and Life Safety Measures (Amendment) Act, 2021. read with Rule 22  of Gujarat Fire Prevention and Life Safety Measures Rules, 2014(as amended by Gujarat Fire Prevention and Life Safety Measures (Amendment) Rules,2021 and Reg 26 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023

  • The minimum standards for fire prevention, life safety and fire protection for buildings or premises required under sub-section (2) of section 18 of the Act, as provided in the GDCR or National Building code of India, shall mutatis-mutandis apply to the matters stated in Rule 22 of the Gujarat Fire Prevention and Life Safety Measures Rules, 2014.
  • Occupier/owner to ensure:
  1. a) Provision of minimum fire fighting and life safety installations
  2. b) maintain all fire safety /life safety measures in optimal condition

 

Failure to provide and maintain fire prevention and life safety equipment in good repair and efficient condition –

  1. a) Imprisonment for 1 month which may extend to 2 years, or
  2. b) fine of Rs. 10,000/- which may extend to Rs. 1,00,000/- or
  3. c) both

Continuous offence: Rs. 3,000 for every day during which the offence continues after conviction for first offence

For willingful contravention, extra penalties are provided in Section 39(2)

 

Minimum Standards for Temporary Structures and Pandals

As per Section 27 of the Gujarat Fire Prevention and Life Safety Measures Act, 2013 read with Reg 13.6 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023

  • The erector of temporary structures such as mandap, shamiyana or tents or pandal shall make a declaration in Form C1 to the effect that adequate safety measures as provided in Rule 27 has been taken.

 

Declaration for Temporary Structures and Pandals (Form C-1)

AS per Section 28 of the Gujarat Fire Prevention and Life Safety Measures Act, 2013

  • The erector of temporary structures such as mandap, shamiyana or tents or pandal shall make a declaration in Form C1 to the effect that adequate safety measures as provided in Rule 27 has been taken.

 

Erector to Display Certificate (Form C-1)

As per Section 28 of the Gujarat Fire Prevention and Life Safety Measures Act, 2013 read with Reg 13.2 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023

  • The erector shall display a declaration to the effect that he or she has taken all the prescribed fire prevention, fire safety and fire protection measures in the “Form C1” of the Rules under his/her own signature at a prominent place in the premises, not less than 48 hours before starting to use the premises.
  • The checklist as per ANNEXURE 10 needs to be filled in the portal by paying the fee of Rs. 2000/- online.

Tampering with Fire Equipment

As per Section Section 21(4) of the Gujarat Fire Prevention and Life Safety Measures Act, 2013

  • No person shall tamper, alter, remove, cause injury or damage to fire equipment installed in any building or part thereof or instigate any other person to do so.

 

Tampering, alteration, removal, causing injury or damage to fire equipment may lead to

  1. a) Imprisonment for 1 month which may extend to 2 years, or
  2. b) fine of Rs. 10,000/- which may extend to Rs. 1,00,000/- or
  3. c) both

Continuous offence: Rs. 3,000 for every day during which the offence continues after conviction for first offence

For willingful contravention, extra penalties are provided in Section 39(2)

Work to be Carried out by Licensed Agency

As per Section 29 of the Gujarat Fire Prevention and Life Safety Measures Act, 2013

  • No person other than a licensed agency shall carry out the work of providing fire prevention and life safety measures or related activities in any place or building or part thereof.

Person other than a licensed agency providing fire prevention and life safety measures or related activities in any place or building or part thereof shall be liable for.-

  1. a) Imprisonment for 1 month which may extend to 2 years, or
  2. b) fine of Rs. 10,000/- which may extend to Rs. 1,00,000/- or
  3. c) both

Continuous offence: Rs. 3,000 for every day during which the offence continues after conviction for first offence

For willingful contravention, extra penalties are provided in Section 39(2)

Note: Provisions for lifts and escalators as provided in Reg 15.4 of Gujarat Fire Prevention and Life Safety Measures Regulations, 2023 must be followed at all times

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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