Background
With increasing urbanization and infrastructural complexity, Andhra Pradesh recognized the pressing need for a dedicated legislative framework to manage and mitigate fire risks. Enacted in the fiftieth year of the Republic of India, the Andhra Pradesh Fire Service Act, 1999 provides for the establishment, maintenance, of fire services across the state. The Act aims to ensure public safety by laying down provisions for licensing, fire prevention, fire-fighting operations, and penalties for non-compliance. It applies to the entire state of Andhra Pradesh.
Applicability
The Act is applicable throughout the State of Andhra Pradesh and governs fire safety measures for all residential, commercial, industrial, institutional, and public buildings, especially those that pose a higher fire risk due to their height (e.g., high-rise buildings above 18 meters), occupancy, or nature of operations. It covers:
Any person proposing to construct a building of more than 15 meters height for commercial/business purpose, 18 meters and above height for residential purpose, and buildings of public congregation like schools, cinema halls, function halls, religious places, which are more than 500 Sq. Meter in plot area or 6 meters and above in height shall apply to the Director General or any member of the service duly authorised by him in this behalf, before submission of such building plans to the authority or officer competent to approve the same under the relevant law, for the time being in force, for a no objection certificate along with such fee as may be prescribed [Section 13]
Both owners and occupiers of such premises are mandated to follow the provisions laid out under the Act, including obtaining fire safety licences, implementing preventive measures, and allowing inspections by fire officials.
Required compliances
Section 16 – Application for Grant of Licence
According to Section 16, any owner or occupier using a building or premises for purposes specified in a government notification under Section 15 must apply for a fire safety licence. This application must be submitted within thirty days of the notification to the authorised officer of the jurisdiction in which the property is located. The application should be accompanied by the prescribed fee, and failure to apply may lead to penalties or prohibition on the use of the premises for the intended purpose.
Section 17 – Grant of Licence
Section 17 outlines the process for granting a licence. Upon receiving an application, the authorised officer is required to conduct necessary verifications and issue the licence within sixty days. The licence may include specific conditions as deemed appropriate by the officer. If the officer fails to issue or reject the licence within the prescribed time, and the application complies with the law, the licence shall be deemed to have been granted. If the application is rejected, the applicant has the right to appeal to the Director General within thirty days of receiving the rejection order.
Section 18 – Duration and Renewal of Licence
Under Section 18, licences granted are valid for a period of three years, or a shorter period as may be specified in the licence itself. The licence may be renewed upon application, subject to verification and compliance with conditions. The authorised officer also holds the power to cancel the licence for valid reasons, which must be recorded in writing. This ensures periodic reassessment of safety standards in the licensed premises.
Section 19 – Obligation to Provide and Maintain Fire Safety Measures
Section 19 makes it mandatory for owners and occupiers to provide adequate fire prevention and fire safety systems in buildings, and to maintain them in efficient working condition at all times. These measures must be in accordance with building bye-laws. For buildings that were completed or under construction when the Act came into force, it is compulsory to undertake any additional fire safety upgrades as required under current bye-laws. Moreover, no person is allowed to tamper with, damage, or disable fire safety equipment such as alarms, extinguishers, hydrants, or emergency exits.
Note: Fire attendance certificate is vital to claim insurance amount for the property damaged in fire mishaps
Penalties & Punishments
A series of penalty provisions are laid out from Sections 27 to 33 to ensure deterrence and compliance.
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