Background
Himachal Pradesh Fire Fighting Services Act, 1984 is the principal State legislation governing fire prevention, fire safety, and fire service operations in Himachal Pradesh. The Act empowers the Director of Fire Services and authorised officers to inspect premises, direct the removal of fire-risk objects and goods, seize and detain non-compliant materials, and take enforcement action against persons who obstruct fire service duties. The Amendment Act of 2000 introduced two significant additions: Section 15-A, which made it mandatory for owners intending to construct buildings above 15 metres in height, industrial units, and commercial establishments dealing with explosives or highly inflammable substances to obtain a No Objection Certificate from the Director of Fire Services or Chief Fire Officer before submitting building plans for sanction; and Section 11A, which extended criminal liability for offences under the Act to companies — including firms, bodies corporate, and associations of persons — and to the persons in charge of and responsible for the conduct of their business. Notification No. Home-F(A)3-1/2019 dated 23rd July 2019 issued under Section 9(1) prescribes 20 specific fire safety measures required to be implemented by owners and occupiers of 17 specified categories of premises in the State.
Applicability
Act and the 2019 Notification apply to three principal categories of regulated persons in Himachal Pradesh. Owners and persons intending to construct buildings above 15 metres in height, industrial units, or commercial establishments dealing with or using explosives or highly inflammable substances must obtain a No Objection Certificate from the Director of Fire Services or Chief Fire Officer before submitting building plans for sanction. Owners and occupiers of premises falling within any of the 17 specified categories under the 2019 Notification — including high-rise buildings, hotels, hospitals, schools, assembly and mercantile buildings, industrial and hazardous buildings, and RERA-registered projects — must implement and maintain all 20 prescribed fire safety measures as per the directions of the inspecting Fire Officer. All owners and occupiers of any premises are subject to directions by the Director or authorised officers to remove fire-risk objects or goods, and must comply with such directions promptly. The prohibition on false reporting of fire outbreaks applies universally to all persons.
Compliance Requirement Under the act in Accordance with the Rules & Regulations:
Every owner or person intending to construct a building above 15 metres in height, any industrial unit, or any commercial establishment dealing with or using explosives or highly inflammable substances must obtain a No Objection Certificate (NOC) from the Director of Fire Services or the Chief Fire Officer — on the recommendation of the Divisional or Station Fire Officer — before submitting building plans for sanction by the competent authority. The NOC is a mandatory precondition to plan submission and must be obtained before the planning approval process is initiated.
Where the Director of Fire Services or any officer authorised in this behalf directs the owner or occupier of any premises to remove objects or goods that are likely to cause a risk of fire to a place of safety, the owner or occupier must comply with such direction within the time specified. On failure to comply, the Director or authorised officer may — after giving the owner or occupier a reasonable opportunity of making a representation — seize, detain, or remove such objects or goods. Any person who wilfully obstructs a member of the Fire Service in carrying out such removal is liable to criminal punishment under Section 11 of the Act.
The owner or occupier of any premises falling within any of the following 17 specified categories must implement and maintain all 20 prescribed fire safety measures as per the directions of the inspecting Fire Officer: (1) buildings of 15 metres or more in height; (2) pandals where more than 500 persons gather per square metre; (3) hotels; (4) schools and educational institutions; (5) hospitals; (6) assembly buildings; (7) mercantile buildings; (8) industrial buildings; (9) hazardous buildings; (10) RERA-registered projects; and other categories specified under Notification No. Home-F(A)3-1/2019 dated 23rd July 2019. The 20 prescribed fire safety measures are: (1) adequate building access; (2) sufficient emergency exits; (3) fire check doors and pressurisation on exits; (4) compartmentation; (5) smoke management system; (6) portable fire extinguishers; (7) first-aid hose reels; (8) automatic fire detection and alarm system; (9) manual electrical fire alarm system; (10) public address system; (11) automatic sprinkler system; (12) internal and yard hydrants; (13) pumping arrangements; (14) captive water storage; (15) exit signage; (16) passenger and fire lifts; (17) standby power supply; (18) refuge areas; (19) fire control room; and (20) special protection systems for high-risk occupancies. In multi-owner buildings, responsibility for compliance is shared proportionately among owners.
No person shall knowingly give, or cause to be given, a false report of the outbreak of a fire to any person authorised to receive such a report, whether by means of a statement, a message, or by any other means.
Penalty & Consequences
The following penalty provisions and financial consequences apply across the compliance obligations covered in this blog.
Section 11 of the Himachal Pradesh Fire Fighting Services Act, 1984, as amended by the Himachal Pradesh Fire Fighting Services (Amendment) Act, 2000 — Obstruction of Fire Service
Any person who wilfully obstructs or impedes a member of the Fire Service — including in the course of removing fire-risk objects or goods under Section 9(2) or in carrying out any other duty under the Act — shall be punishable with imprisonment for a term which may extend to one year, or with a fine which may extend to ₹5,000, or with both.
Section 9(2) of the Himachal Pradesh Fire Fighting Services Act, 1984 — Seizure and Removal of Fire-Risk Goods on Non-Compliance
Where an owner or occupier fails to comply with a direction issued by the Director of Fire Services or an authorised officer to remove fire-risk objects or goods from premises, the Director or officer may — after giving the owner or occupier a reasonable opportunity of making a representation — seize, detain, or remove such objects or goods without further process or liability for compensation.
Section 12 of the Himachal Pradesh Fire Fighting Services Act, 1984 — Penalty for False Report of Fire Outbreak
Any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorised to receive such a report shall be punishable with simple imprisonment for a term which may extend to two months, or with a fine which may extend to ₹500, or with both.
Section 11A of the Himachal Pradesh Fire Fighting Services Act, 1984 — Offences by Companies
Where an offence under the Act has been committed by a company — including a firm, body corporate, or association of persons — every person who, at the time the offence was committed, was in charge of and was responsible to the company for the conduct of its business, as well as the company itself, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. A person shall not be liable under this provision if they prove that the offence was committed without their knowledge, or that they exercised all due diligence to prevent the commission of such offence.
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