Background
The Uttar Pradesh Fire and Emergency Services Act, 2022 was enacted to modernize and strengthen fire safety and emergency response across the state by replacing and updating earlier fragmented fire laws. It aligns Uttar Pradesh’s fire and emergency framework with the Model Fire and Emergency Service Bill, 2019 circulated by the Government of India to bring uniformity in fire and rescue laws nationwide. The Act provides a statutory basis for improved fire prevention, preparedness, and emergency management, aiming to better protect life, property, and critical infrastructure. It consolidates previous provisions from older fire service acts and rules, and empowers the state government to frame detailed rules and standards. The accompanying Uttar Pradesh Fire and Emergency Services Rules, 2024 lay down specific procedures for implementation, including fire safety certifications and operational norms for fire services throughout the state. The Act reflects the government’s intent to enhance public safety, standardize fire safety regulation, and improve emergency response capabilities.
Applicability
The Act applies to:
Uttar Pradesh Fire and Emergency Services Compliance Requirements
Under Sections 23 and 26 of the Act, fire and life safety standards shall be prescribed based on building height, area, and occupancy, as per applicable bye-laws and the National Building Code.
i) building access
ii) means of exit (number, width, type, arrangement)
iii) smoke management system
iv) fire extinguishers
v) first-aid hose reels
vi) automatic fire detection & alarm system
vii) public address system
viii) automatic sprinkler system
ix) internal & yard hydrants
x) pumping arrangements
xi) fire-fighting water storage
xii) exit signage
xiii) fire lifts
xiv) standby power supply
xv) refuge area
xvi) special fire protection systems, if applicable
xvii) Manually Operated Electronic Fire Alarm system
xviii) electrical safety audit report
xix) fire protection installation certificate
xx) fire safety officer appointment, if required
xxi) lift safety certificate, if required
Applicability shall follow the building’s area, height, and occupancy under relevant laws and codes.
Water required for firefighting in any building shall be stored either in underground tank(s) or in overhead tank(s) and/or combination of both. But in no case the stored quantity shall be less than required under relevant standards.
Mandatory access to the building shall be provided for firefighting and rescue operations, ensuring approach to each floor or nearest point of the building from at least one side via road or permanent open space.
Under the provisions of section 26 of the Act, for a building as categorized by area and height or hazard, a Fire Officer shall issue a Provisional Fire Safety Certificate in “Form A-12” and Fire Safety Certificate (Final/Renewal) in “Form A-13” to the owner or occupier of the building.
Owner or occupier of buildings shall furnish a certificate in the months of January and July each year regarding the maintenance of fire prevention and life safety measures in a building or premises being in good repair and efficient condition “Form A-8”.
Photocopies of the Fire Safety Certificate, shall be framed and displayed at all conspicuous places, including corridors, lobbies and floors of towers or blocks of building or premises and temporary structure, for information of general public.
To ensure effective fire prevention and life safety measures, every owner or occupier of a factory, building, or premises shall appoint a qualified Fire Safety Officer within 6 months of commencement of the Act, and thereafter fill any vacancy immediately without delay.
(1) Compliance report to this effect in Form A-4 shall be sent by the owner or occupier to the Officer in-charge of fire district and/or Fire Sub-District having jurisdiction.
(2) The safety officer so appointed for the premises/ building under this rule shall be a qualified fire professional having sufficient domain knowledge and experience in fire safety. Priority shall be given to such candidates who have diploma/certificate from National Fire Service College, Nagpur and any training institutions of Uttar Pradesh Fire and Emergency Service or any other institute recognized by the Government.
Minimum standards for fire prevention and fire safety for temporary structure such as mandap, shamiyana or tents or pandal for the purposes of the Act, shall be in accordance with IS: 8758:1993 published by the Bureau of Indian Standards, New Delhi.
Standards shall be complied with by the owner / organizer / erector of mandap, shamiyana, tents or pandal and shall relate to the following matters, namely:
(i) access to temporary structures etc;
(ii) open space around the temporary structures etc;
(iii) distance from medium and high voltage electrical wires and hazardous installations;
(iv) means of exits;
(v) material of construction;
(vi) first-aid fire fighting arrangements and spraying of fire retardant material etc;
(vii) water storage for fire fighting;
(viii) electrical wiring duly certified by concerned department/authorized electrical contractor;
(ix) availability of trained fire-fighting staff.
Owner / organizer / erector of temporary structures such as mandap, shamiyana, tents or pandal shall, for the purposes of due compliance of the Act, make a declaration in Form-A18 along with a layout plan showing access, open spaces, means of exit of proposed mandap, shamiyana, tents, or pandal open spaces to the effect that adequate fire safety measures have been taken as provided in rule 59 which shall be submitted to In-charge Fire District before 24 hours of the programme.
The owner / organizer / erector of temporary structures such as mandap / shamiyana / tents / pandal shall display (Form A-18)Declaration for Fire Prevention and Fire Safety measures of temporary structure etc.at a prominent place in the mandap / shamiyana / tent/ pandal.
Fire tax shall be levied on lands and buildings, on which property tax is levied, at the rate of 1% of the total amount of the house tax in the form of a surcharge or as decided by the UP State Government by an executive order. The same shall be recoverable as if it were arrear of land revenue.
No fee shall be levied on any building vested in or under the control or possession of the Government or public Authority owned by the Government.
Where the owner or occupier requires any change in the facts reported in the Fire Report (Form-FR1) issued by the In-charge of the fire district and/of sub-district to the applicant through the Uttar Pradesh Fire Service online portal, he shall make an application to the District Chief Fire Office.
Penalty & Punishment
U/s 27(2) – If the owner or occupier, as the case may be, fails to comply with the directions issued by the Fire Officer, the fire safety certificate, issued under section 26 of this Act, shall be cancelled after giving owner or occupier an opportunity of hearing to show-cause. Rule 46 also deals with cancellation of FSC for violation of prov. of Act/Rules, non-compliance of directions issued under Act, preventing inspection
U/s28(4)- In case of the non-appointment of the Fire Safety Officer, as envisaged under sub-section (1), the Fire Officer may take such steps as he deems necessary, which includes report to the Labour Commissioner for the closure of the factory and in other cases to the relevant authority for necessary action under relevant law.
U/s 33:
(1) If any owner or occupier or an association of such owners and occupiers of a building or premises fails to appoint under section 28, Fire Safety Officers within thirty days, of the receipt of a notice given in this behalf by the Director, Fire and Emergency Services or the Fire Officer, as the case may be, each one of them shall be deemed to be in default jointly and severally.
(2) When the person liable for appointment of such Fire Safety Officers is deemed to be in default, such sum not less than ten rupees per square meter and not exceeding fifty rupees per square meters of total built-up area owned/occupied by him including in the common areas in the premises as determined by the Director, Fire and Emergency Services may be recovered from him by way of penalty for each month of default or part thereof. Such amount can be recovered as arrears of land revenue
U/s 36: Whoever fails without reasonable cause to comply with any of the requirements specified in a notification issued under sub-section (1) of section 23 or of a direction issued under the section shall be punishable with fine which may extend to Ten thousand rupees or with imprisonment for a term which may extend to three months, or with both and where the offence is a continuing one with a further fine which may extend to One thousand rupees for every day after the first during which such offence continues.
U/s 39: Whoever contravenes any provision of this Act or of any rule or notification made thereunder shall, without prejudice to any other action taken against him under this Act and the rules made thereunder, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Ten thousand rupees or with both and where the offence is a continuing one with a further fine which may extend to One thousand rupees for every day after the first during which such offence continues.
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