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The Delhi Fire Prevention and Fire Safety Act, 1986; Issues, Challenges & Possible Solutions Dr Pankaj Arora.

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Presentation on theme: "The Delhi Fire Prevention and Fire Safety Act, 1986; Issues, Challenges & Possible Solutions Dr Pankaj Arora."— Presentation transcript:

1 The Delhi Fire Prevention and Fire Safety Act, 1986; Issues, Challenges & Possible Solutions Dr Pankaj Arora

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4 Key words "building" means a house, outhouse, stable, latrine, urinal, shed hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material.

5 Key words "occupier“ – tenant – owner – a rent-free tenant of any land or building; – a licensee in occupation of any land or building; – any person who is liable to pay to the owner damages for the use and occupation of any land or building.

6 Key provisions Inspection of buildings, premises, etc: – three hours' notice to the occupier; – if there be no occupier, to the owner; – at any time between sunrise and sunset; – at any time if it appears to it to be expedient and necessary to do so in order to ensure safety of life and property; – all possible assistance to be provided.

7 Key provisions Follow up: – Deficiencies noted. – Notice issued to the owner/occupier. – Report sent to Chief Fire Officer.

8 Key provisions Power to seal buildings or premises – Chief Fire Officer. – If any building is dangerous to life & property. – Can direct local police to help.

9 Key provisions Penalties – Whoever contravenes any provision of this Act. – imprisonment for a term which may extend to six months, – or with fine which may extend to fifty thousand rupees, – or with both.

10 Key provisions – where the offences is a continuing one, with a further fine which may extend to three thousand rupees for every day after the first during which such offences continues.

11 The Haryana Fire Service Act, 2009

12 Training of Fire Safety Officers

13 NOC

14 Validity of Licence

15 The Delhi Fire Service Act, 2007

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19 Case Studies

20 Who is covered? Is the Act applicable to all the buildings? What about the buildings built prior to formulation of this Act in 1986?

21 Who is covered? Chief Fire Officer may enter and inspect any building, the construction of which was completed on or before the 6th day of June, 1983 (being the date on which the current building bye-laws had come into force) or any building which was under construction on such date.

22 Who is covered? Consideration – Building bye laws at the time of construction. – Minimum standards framed under the Act. May issue notice

23 WP(C) No. 2710/1998 decided on In all high rise buildings in Delhi and New Delhi, fire safety measures to be provided according to bye laws. Existing but unoccupied buildings and buildings under construction – not to grant occupancy certificate till satisfactory fire safety measures are provided.

24 Electricity companies shall not supply essential services to any new high rise building unless and until the building is erected in accordance with law and bye laws.

25 Question of Law BSES filed for clarification: – Under other laws bound to supply electricity. – Buildings in the “Lal Dora” and “extended Lal Dora areas”.

26 Ruling Irrespective of the applicability of the provisions contained in the NDMC Act or DMC Act or DDA Act or exemption granted under the notification one must provide fire safety measures if the building is of 15 meters height. Duty of the Chief Fire Officer or nominated authority to inspect the buildings.

27 Who is responsible? In case of Hospitals or other such organizations, who is responsible? – Director – Medical superintendent – Fire officer – No one

28 Who is responsible? Offences committed by a company – every person in charge of, and responsible to, the company for the conducts of the business of the company, as well as the company, unless

29 – such person proves that the offences was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offences.

30 Who is responsible? If it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence.

31 AMRI case Fire in major Kolkata hospital. More than 90 patients died. Six directors and four hospital administrators arrested. One of the directors granted bail.

32 AMRI case “…..grant him bail because in 2011 he had not attended any board meeting and it shows that he had no direct involvement in the affairs of the hospital." Interestingly, who is the chairman of the board?

33 AMRI case Government of West Bengal has a nominee as Chairman of AMRI hospitals Ltd. Govt. has a 1.75% share in AMRI hospitals.

34 Allegation of Delay Delayed call to Fire Office this time. Another fire few months back, call made to fire brigade. Why?

35 Enquiry into origin of fire and report to Magistrate. – senior most officer; – ascertain the facts as to the origin and cause; – make a report thereon to the Magistrate having jurisdiction; – said Magistrate may summon witnesses and take evidence to further ascertain facts. Copies of all reports and of all evidence furnished on application to any Fire Assurance company.

36 Fire at Rajendra Hospital, Patiala Fire in Neonatology unit on 31/01/2009. Five Neonates died. Inquiry held Three officials charge sheeted including two senior officials after 14 months.

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38 Three choked to death in ICU fire at KMC Fire in Intensive Medical Care Unit (IMCU) of the Kilpauk Medical College and Hospital (KMCH), Chennai on 23 rd July, Three fatalities. Cause: Fire in AC. Patients shifted yet causalities.

39 Three choke to death in ICU fire at KMC Hospital ignored multiple warnings. Inspection – poor maintenance of electric cables and lack of a hose roll system to extinguish fires. Written communication to the hospital, to upgrade their fire safety measures and look into re-wiring electric cables.

40 PGIMER In the last year, 24 incidents of fire. In the current year, till now 31 incidents of fire. 80% related to electrical problems mostly short circuiting. No casualties.

41 PGIMER Notices have been issued in the past. Noticespast Communication has been received from the MoHFW. Communicationreceived Questions have been asked in the Parliament. Questionsbeen in Parliament

42 PGIMER Committee to do a Pre Audit formed by MS.

43 PGIMER Detailed internal audit of the Institute done. Areas for improvement identified. Committee made close to 90 observations which included common and specific for different areas.

44 PGIMERPGIMER

45 Most of points related to Engineering Services. DPGI directed the Engineering. department to discuss and do needful Prioritization done.done PGIMER

46 Steps being taken to address the issue PGIMERPGIMER

47 PGIMER Six fire control rooms in Institute. Trained Fire Officer working in the Security department. Fire escape routes have been cleared. Engineering department has been made accountable. Regular monitoring of progress as it may be a long drawn process. Regular monitoring progressit belong

48 PGIMER A study has been conducted under the guidance of Prof A K Gupta, Prof Arun Aggarwal and Dr Ashok Kumar to understand the awareness regarding the issue at PGIMER.

49 Mock drills have been planned and are being conducted. PGIMER Mock DrillObservations Actions By sister/In charge of the ward Whether information given to fire control room or not.Yes Whether electrical personnel called.Yes Whether escape route was opened.Yes Action by fire personnel Time taken by fire personnel to reach the site.< 5 minutes. Whether fire personnel came with basic fire fightingequipments.Yes During evacuation whether Fire personnel searched the whole area or not.Yes Action by Security personnel. Whether security personnel reached at the site timely.Yes Were they aware about their duties during the fire fighting and rescue operations.Yes Whether the area was cordoned.Yes

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51 BUT……. Newer buildings are being planned across the hospitals. But the problem persists.

52 PGIMER Similar problems are also faced at PGI. Attempts have been made to rectify the problems. Attemptsrectify problems Possible solution: Inbuild the requirement of fire clearance in the tender itself.

53 Chandigarh Notices have been issued. 150 notices were issued in the year In the past four years only four buildings have been sealed for violation of safety norms.

54 Some facts The Maharashtra Fire Prevention and Life Safety Measures Act, 2006, empowers the chief fire officer to disconnect water and electric connections of violators.

55 According to the West Bengal Fire Services Act, renewal of the NOC every year is mandatory for any establishment that requires fire clearance. More than 500 beds – Fire officer must be appointed.

56 Ruby Hospital, Kolkata was shut in 2008 for violation of fire norms and had to do the modifications. Tomorrow it can be your hospital………..

57 BASICS

58 Road Ahead National Building Code. Application of Fire safety provisions & practices. Plan well. Follow the Law in Letter and Spirit….

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60 Prof A K Gupta Dr Shweta Talati Dr Ranjit Bhogal Mr Rajesh, Fire Officer Mr P C Sharma, CSO


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