Background
Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016 (“the Act”) is the principal State legislation governing fire prevention, fire safety, and emergency response in the State of Uttarakhand. Enacted by the Uttarakhand Legislature, the Act establishes a comprehensive framework for the appointment of Fire Safety Officers, mandatory inspection of high-risk buildings, grant of No Objection Certificates for fire safety compliance, submission of building plans for fire safety approval, and rectification of fire safety deficiencies. The Act confers significant powers on the Chief Fire Officer, Fire Station Officers, and the nominated authority to inspect premises, issue rectification notices, and take corrective action at the expense of non-compliant owners and occupiers. The Act also empowers the District Magistrate to order evacuation and sealing of buildings found to be dangerous to life or property.
The Act was materially amended by the Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety (Amendment) Act, 2022 (Uttarakhand Act No. 06 of 2022), notified vide Notification No. 191/XXXVI(3)/2022/36(1)/2022 dated 21st July 2022. The Amendment Act substituted Section 15(4), revising the definition of buildings requiring a No Objection Certificate to cover residential buildings of twelve metres and above in height, and industrial or commercial establishments with a covered area above 500 sq. metres that deal with explosive or highly inflammable substances, along with a revised NOC approval process involving the Fire Station Officer, Nominated Authority, Deputy Director (Technical), and Chief Fire Officer. The Amendment Act also substituted Section 18, expanding the categories of buildings required to submit plans and obtain fire safety permission, and aligning the height and area thresholds at twelve metres and 500 sq. metres respectively.
Applicability
Act applies to a wide range of building categories and persons in Uttarakhand. Owners and occupiers — or their associations — of cinema houses and multiplexes (capacity above 1,000 persons), commercial complexes (built-up area above 10,000 sq. metres), hotels with 100 or more rooms, multistoried residential buildings with 500 or more flats, oil refineries, LPG bottling plants, large stadia, hospitals and nursing homes with more than 250 beds, industries employing more than 1,000 persons, and public and semi-public buildings are subject to the mandatory Fire Safety Officer appointment and annual NOC obligations under Section 9. Owners and occupiers of all residential buildings of twelve metres and above, and industrial or commercial establishments (covered area above 500 sq. metres) dealing with explosive or highly inflammable substances must obtain a NOC under Section 15(4) as amended. Owners, occupiers, developers, and builders of any building above twelve metres in height and with a covered area above 500 sq. metres used or intended for hospitals, detention, shops, markets, dormitories, hotels, educational institutions, or assembly buildings must submit plans and obtain fire safety permission under Section 18 as amended. Owners and occupiers of all buildings and properties are subject to information-supply obligations, inspection-facilitation duties, and rectification obligations under Sections 14, 15, and 17 respectively.
Compliance Requirement Under the act in Accordance with the Rules & Regulations:
Every owner and occupier — or an association of such owners and occupiers — of the following classes of buildings or premises is required to appoint a Fire Safety Officer, who shall be responsible for ensuring compliance with all fire prevention and fire safety measures and their effective operation as provided under the Act and the rules made thereunder: (a) cinema houses and multiplexes with a seating capacity of more than 1,000 persons, and commercial complexes with a built-up area of more than 10,000 sq. metres; (b) hotels with 100 rooms and above; (c) multistoried residential buildings containing 500 residential flats or more; (d) oil refineries, LPG bottling plants, and similar other institutions; (e) open stadia with a seating capacity of more than 50,000 persons, and indoor stadia with a seating capacity of more than 25,000 persons; (f) hospitals and nursing homes with more than 250 beds; (g) industries where more than 1,000 persons are employed; and (h) public and semi-public buildings.
Every owner or occupier of a building, campus, or institution falling within the categories specified under Section 9(1) must apply annually, during the first quarter of the calendar year (by 31st March), for a No Objection Certificate (NOC) from the Chief Fire Officer or Fire Officer of the concerned district in relation to the effective operation of fire prevention and fire safety measures. If no application is received by the last date of March, the Chief Fire Officer or Fire Officer is empowered to inspect the building or campus independently, carry out the NOC procedure on their own initiative, and impose the applicable fine under Section 10(2), to be recovered in accordance with Section 10(3).
The owner or occupier of any building or other property must, within a reasonable time, furnish all information required by the Chief Fire Officer or the officer authorised by them and in charge of a fire station, in respect of: the character of the building or property; available water supplies and means of access thereto; and other material local circumstances. If information is not furnished within a reasonable time, or if the Chief Fire Officer has reason to believe that any information furnished is inaccurate, the Chief Fire Officer or officer in charge of a fire station may enter upon the premises or property to obtain or verify the information, after giving such notice to the owner or occupier as may be prescribed.
The nominated authority may, after giving three hours’ notice to the occupier — or, if there is no occupier, to the owner — of a multistoried building of such height as may be specified under the rules, enter and inspect the building or premises at any time between sunrise and sunset where such inspection appears necessary to ascertain the adequacy of, or any contravention of, fire protection and fire safety measures. In cases of emergency, the nominated authority may enter and inspect the building at any time without prior notice, if it appears expedient and necessary to do so to ensure the safety of life and property. The owner or occupier must provide all possible assistance to the nominated authority during such inspection.
All residential buildings of twelve metres and above in height, and all industrial units or commercial establishments with a covered area above 500 sq. metres that deal with the storage or use of explosive and highly inflammable substances, must obtain a No Objection Certificate from the Deputy Director (Technical) or the Chief Fire Officer, as the case may be. The NOC is issued by the Chief Fire Officer after receiving the recommendation of the Fire Station Officer or the Nominated Authority, and after approval of the Deputy Director (Technical). This provision was substituted by the Amendment Act, 2022 and reflects the revised thresholds and approval process for residential and industrial or commercial establishments.
Where, on receipt of a report from the nominated authority, it appears to the District Magistrate that the condition of any building or premises is dangerous to life or property, the District Magistrate may require any person in possession or occupation of such building or premises to vacate immediately. Where such an order is not complied with, the District Magistrate may direct a police officer having jurisdiction in the area to remove the occupants, and the police officer is bound to comply with such direction. After removal of persons, the District Magistrate shall seal the building or premises. No person shall remove such seal except under an express order of the District Magistrate.
The Chief Fire Officer may enter and inspect any building — including a building under construction — where necessary to verify the adequacy of fire prevention and fire safety measures. Such inspection is carried out in the same manner as prescribed for inspections by the nominated authority under Section 15. Following inspection, if deficiencies in fire prevention or fire safety measures are identified, the Chief Fire Officer must issue a notice to the owner or occupier directing rectification within a reasonable period. In issuing such notice, the Chief Fire Officer must take into account: the applicable building bye-laws under which the building plan was sanctioned; the conditions imposed by the local authority at the time of plan sanction; and the minimum fire prevention and fire safety standards prescribed under the Act and the rules. The owner or occupier must rectify all deficiencies identified within the time specified in the notice.
Every building above twelve metres in height and with a covered area above 500 sq. metres — whether existing or proposed to be erected — that is used or likely to be used for any of the following purposes must submit a building plan and obtain fire safety permission from the prescribed authority of the State Government, confirming that safety from fire is reasonably attainable in practice: medical or other treatment or care of persons suffering from physical or mental illness, disease, or infirmity; care of infants, convalescents, or aged persons; penal or correctional detention where the liberty of inmates is restricted; shops, markets, dormitories, hotels, or rooming houses; educational institutions; and assembly buildings where groups of people congregate for amusement, recreation, social, religious, patriotic, civil travel, or similar purposes. This provision was substituted by the Amendment Act, 2022 and reflects the revised scope and thresholds applicable to specified buildings.
Where an owner or occupier fails to comply with a notice issued under Section 17, the Deputy Director (Technical) is empowered to take all steps necessary to bring the premises into compliance. All expenses incurred by the Deputy Director (Technical) in taking such steps are payable by the owner or occupier on demand. If such expenses are not paid within ten days of the demand, the amount is recoverable as arrears of land revenue.
Any person aggrieved by a notice or order of the nominated authority or the Chief Fire Officer may prefer an appeal against such notice or order to the concerned District Magistrate within thirty days from the date of the notice or order. The appeal must be made in the prescribed form, accompanied by a copy of the notice or order appealed against and the prescribed fees.
No person shall wilfully make a false report of the outbreak of a fire to any member of the Uttarakhand Fire & Emergency Service who is authorised to receive such a report. Any person who commits this offence is liable, upon conviction before a Magistrate, to a fine not exceeding five thousand rupees.
Penalty & Consequences
Section 10(2) and Section 10(4) — Default in Appointment of Fire Safety Officer and Obtaining NOC
Where the person liable to appoint a Fire Safety Officer is deemed to be in default, a penalty of not less than ₹10 per square metre and not exceeding ₹50 per square metre of the area owned or occupied by the defaulter — including common areas in the premises — may be recovered from them for each month of default or part thereof, as determined by the Chief Fire Officer. Where the person in default fails to take any corrective action within three months of the penalty being imposed under sub-section (2), such person shall be liable to double the monetary charges as determined by the Chief Fire Officer. The same penalty applies to default in applying for the annual No Objection Certificate under Section 9(2), with recovery to be made as per the provisions of Section 10(3).
Section 16(5) — Unauthorised Removal of District Magistrate’s Seal
Any person who removes the seal affixed by the District Magistrate on a building or premises under Section 16, without an express order of the District Magistrate authorising such removal, shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to twenty-five thousand rupees, or with both.
Section 19(2) — Non-Payment of Expenses Incurred by Deputy Director Technical
All expenses incurred by the Deputy Director (Technical) in taking compliance steps pursuant to non-compliance with a notice under Section 17 are payable by the owner or occupier on demand. If not paid within ten days of the demand, such expenses shall be recoverable as arrears of land revenue.
Section 21 — Contravention of Sections 15, 17, and 18
Whoever contravenes any provision of Section 15 (inspection facilitation and NOC obligations for specified buildings), Section 17 (rectification of fire safety deficiencies), or Section 18 (plan submission and fire safety permission for specified buildings) shall, without prejudice to any other liability, be punishable with imprisonment for a term which may extend to two years, or with a fine which may extend to one lakh rupees, or with both. Where the offence is a continuing one, a further fine which may extend to five thousand rupees for every day after the first during which such offence continues shall also be imposed.
Section 23 — False Report of Fire Outbreak
Any person who wilfully makes a false report of the outbreak of a fire to any member of the Uttarakhand Fire & Emergency Service authorised to receive such a report shall be liable, upon conviction before a Magistrate, to a fine not exceeding five thousand rupees.
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