Background
Urban areas like Delhi, with their high population density and increasingly complex infrastructure, face significant fire hazards. In recognition of the need for a robust legal and operational framework to prevent and manage such risks, the Delhi Fire Service Act, 2007 was enacted by the Legislative Assembly of the National Capital Territory of Delhi. The Act aims to provide for the maintenance of a fire service and to make effective provisions for fire prevention and fire safety measures across certain categories of buildings and premises. The law empowers authorities to inspect, regulate, and enforce fire safety norms to protect life and property. It applies to the entire territory of Delhi and comes into effect in different areas and for different provisions on dates notified by the Government through the official Gazette.
The Delhi Fire Service Act, 2007 applies across the National Capital Territory The act mandates fire safety compliance as a non-negotiable obligation for the owners, occupiers, or associations managing such facilities. Provided that this provision shall not apply to the private fire services maintained for providing fire protection coverage to a specific building or industry by the owner or occupier thereof.
Required Compliances under the Act in Accordance with the Delhi Fire Service Rules, 2022
Section 20 read with Rule 17: Levy of Fire Tax
A fire tax on lands and buildings which are situated in any area in which Delhi Fire Service Act, 2007 is in force may be levied by government and on which property tax by whatever name called is levied by any local authority in that area.
Section 25: Preventive Measures
When read with Rule 27, the Government may, by notification in the Official Gazette, require owner or occupiers, or both, of premises or buildings or erectors of pandals notified under Section 25(1) which is likely to cause fire, to take such fire prevention and fire safety measures as:
Section 25(2) when read with Rule 29, it states that the minimum standards for fire prevention and fire safety for Pandal for the purposes of sub-section (2) of section 25 shall be in accordance with IS 8758:1993 published by Bureau of Indian Standards, New Delhi and National Building Code of India, 2005 relating to the following matters
(1) Access to pandal
(2) Open space around the pandal.
(3) Distance from medium and high voltage electrical wires and hazardous installations.
(4) Means of exits.
(5) Material of construction.
(6) First-aid firefighting arrangements.
(7) Water Storage for firefighting.
(8) Electrical Wiring.
(9) Availability of trained firefighting staff.
Section 25 when read with Rule 33, it states that the minimum standards for fire prevention and fire safety for buildings as may be applicable with reference to the height of the building and class of occupancy for the purposes of section 32 and section 35 of the Act shall be as are provided in the building bye-laws or National Building Code of India 2005 relating to the matters specified in Rule 33
The minimum standards for fire prevention and fire safety for buildings as may be applicable with reference to the height of the building and class of occupancy for the purposes of section 32 and section 35 of the Act shall be as are provided in the building bye-laws or National Building Code of India 2005 relating to the following matters: –
(1) Access to building
(2) Number, Width, Type and Arrangement of exits.
(3) Protection of Exits by means of fire check door (s) and or pressurization.
(4) Compartmentation.
(5) Smoke Management System.
(6) Fire Extinguishers.
(7) First-Aid Hose Reels.
(8) Automatic fire detection and alarming system.
(9) MOEFA.
(10) Public Address System.
(11) Automatic Sprinkler System.
(12) Internal Hydrants and Yard Hydrants.
(13) Pumping Arrangements.
(14) Captive Water Storage for firefighting.
(15) Exit Signage.
(16) Provision of Lifts.
(17) Standby power supply
(18) Refuge Area.
(19) Fire Control Room
(20) Special Fire Protection Systems for Protection of special Risks,
Rule 38: Liability to maintain fire safety measures
The occupier of the building or premises, as the case may be, shall maintain the fire prevention and fire safety measures provided in the building or premises at all times in best repairs for use by the occupants or members of Fire Service or both in the event of an outbreak of fire.
Occupier of the building or premises or the Fire Safety Officer appointed under section 29 of the Act, as the case may be, shall declare every year in Form ‘K’ in First Schedule that fire prevention and fire safety measures provided in the building or premises as the case may be are in best repairs.
Note: A false declaration shall be considered a default under the Act.
Section 26: Fire prevention and fire safety measures in the pandals
In the case of temporary structures such as pandals, often used for public functions or religious events, Section 26 introduces the concept of self-regulation. Under this provision, the erector (deemed to be self-regulators) of a pandal is required to display a signed declaration at a prominent place within the pandal affirming that all prescribed fire safety measures have been implemented. The Director or any authorized officer is empowered to inspect the pandal and verify the authenticity of the declaration. If deficiencies are found, they can direct rectification within a specific timeframe, failing which the pandal may be sealed. False declarations made by the erector are treated as punishable offences under Section 52 of the Act.
Section 29: Appointment of a Fire Safety Officer by owners or occupiers of specified classes of buildings
One of the cornerstone provisions under the Act is the mandatory appointment of a Fire Safety Officer by owners or occupiers of specified classes of buildings.
Section 29 clearly outlines that buildings such as cinema halls with a seating capacity exceeding 1,000 persons, commercial complexes with built-up areas over 10,000 square meters, hotels with 100 rooms or more, and hospitals with more than 500 beds must appoint a Fire Safety Officer. The same applies to multi-storeyed buildings above 50 meters in height and large public venues like stadia with seating capacity more than 50,000 persons and indoor and underground shopping complexes, district centres, sub-central business districts, including the basement with build-up area of more than 25000 sq. metre and public and semi-public buildings like large surface and sub-surface railway stations, interstate bus terminuses, airports amusement parks and other similar buildings. These officers are responsible for overseeing all fire prevention and fire safety measures in accordance with the Act and the rules framed under it.
Section 30: Fire safety officers to undergo training
To ensure professional competence, Section 30 of the Act makes it mandatory for Fire Safety Officers to undergo training at a Fire Safety Management Academy recognized by the Government. However, individuals who have already completed equivalent training at institutions like the National Fire Service College, Nagpur, are n9ot required to undergo such training again.
Section 34: Measures for fire prevention and fire safety
Section 34 provides the nominated authority the power to inspect buildings and issue notices to owners or occupiers for the rectification of any deviations from building bye-laws or inadequacies in fire safety arrangements. The authority is also required to forward a report of such inspections to the Director of the Delhi Fire Service. This mechanism ensures a formal process of evaluation, corrective action, and monitoring, thereby enhancing the enforceability of fire safety measures. It is to be noted that notwithstanding anything to the contrary contained in this Act, the multi-stories buildings shall be governed by the provisions for the fire prevention and fire safety measures stipulated under Chapter VI of the act.
Section 41: Liability of property owner to pay compensation
Further, under Section 41, the Act imposes liability on property owners if a fire originates due to their deliberate or negligent acts or those of their agents. In such cases, the owner is required to compensate other affected parties who suffer damage due to fire-control measures undertaken by fire officials. Claims for compensation must be submitted to the Appellate Authority within thirty days from the date of damage. After a hearing, the Authority will determine the liability and the amount payable, and such an order will carry the force of a decree of the civil court.
Penalties & Consequence for Non-Compliance
To ensure strict adherence, the Act prescribes penalties for non-compliance.
Under Section 31, if the owner fails to appoint fire safety officer within 30 days from the date receiving notice from director or nominated authority, each one of them shall be deemed to be in default jointly and severally.
Under Section 37, any person violating the provisions of chapter VI may face imprisonment for up to six months, a fine extending to ₹50,000, or both. If the violation continues, an additional fine of up to ₹3,000 per day may be imposed.
Under Section 49, Whoever fails to take the precautions U/s 25(1) or 25(2) shall be punishable with fine which may extend to one 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 five hundred rupees for every day after the first during which such offence continues.
Under Section 52, further states that any person contravening the provisions of the Act or related rules or notifications may be punished with imprisonment for up to three months, a fine up to ₹10,000, or both. For continuing offences, an additional daily fine of ₹500 may be levied. These penalties act as a deterrent and compel stakeholders to implement fire safety measures proactively.
Consequence: The Govt. direct the removal of encroachments or objects or goods likely to cause a risk office or any obstruction to firefighting, to a place of safety, and on failure of the owner, occupier or erector, as the case may be, to do so, the Director or such officer may, after giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to adjudicate the matter. Here the Director considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to firefighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachments or objects or goods forthwith and report the matter to the Sub-Divisional Magistrate accordingly.
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