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Key Compliances under Uttar Pradesh Fire and Emergency Services Act, 2022 - 1-Comply
Key Compliances under Uttar Pradesh Fire and Emergency Services Act, 2022

Key Compliances under Uttar Pradesh Fire and Emergency Services Act, 2022

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:

  • Owner/Occupier of Building (constructed or under construction or proposed for construction)
  • Buildings over 15 m height, special buildings, mixed occupancies exceeding 500 sq. m.
  • Owner / organizer / erector of mandap, shamiyana , tents or pandal

Uttar Pradesh Fire and Emergency Services Compliance Requirements

  1. Fire Prevention & Life Safety Measures in U.P. (Section 23, 26(1), Rule 40(1))

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.

  1. Firefighting Water Storage in building established in UP (Uttar Pradesh Fire And Emergency Services Rules, 2024 – Section 23, 26(1), Rule 40(5))

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.

  1. Emergency Access to Building established in UP (Uttar Pradesh Fire And Emergency Services Rules, 2024 – Section 23, 26(1), Rule 40(5))

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.

  1. Fire Safety Certificate (Uttar Pradesh Fire And Emergency Services Rules, 2024 – Section 26(3), Rule 43)

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.

    1. Multi storeyed bldgs over 15m height, special buildings, mixed occupancies exceeding 500sqm covered area to obtain Fire Safety Certificate
    2. In order to obtain Fire Safety Certificate, owner shall apply for the same in Form A-11 attaching all relevant maps, drawing and other documents mentioned on the online portal of fire service. Alternatively, the owner can appoint a representative, who shall be either a bonafide member of his family or a regular employee, in this regard through a power of attorney. Such power of attorney shall be uploaded by the representative on the official online fire service portal integrated with Nivesh Mitra portal along with other documents. No person other than the owner or his representative shall canvass or pursue for obtaining Fire Safety Certificate.
    3. Owners of Buildings shall ensure that such multi-storied or special buildings be equipped with fire prevention, fire and life safety and fire protection system to prevent or extinguish fire.
  1. Form-A8: Bi-annual declaration by owner/occupier for Fire Prevention & Life Safety Measures (Section 26(5), Rule 45(4))

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”.

  1. Display of Fire Safety Certificate at premises in UP (Rule 48)

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.

  1. Appointment of Fire Safety Officer in U.P. and immediate filling of any vacancy thereafter (Section 28, Rule 55)

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.

  1. Fire Safety Standards for Temporary Structures in UP (Rule 59)

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.

  1. Form-A18: Form of Declaration by Erector of Temporary Structure (Rule 60(1))

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.

  1. Display of declaration for Fire Prevention & Fire Safety measures of temporary structure etc. in U.P (Rule 60(2))

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.

  1. Levy and Recovery of Fire Tax in UP (Section 48, Rule 72)

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.

  1. Application for change any fact in Fire Report in Form-FR1 in UP (Rule 92)

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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