About fire regulations in India | Explained

History so far: A deadly fire at a gaming center in Rajkot, Gujarat on May 25 killed at least 32 people, drawing renewed attention to the safety of buildings and public places. The carnage at the TRP Gaming Zone took place in the evening when fire spread inside the structure made of a metal frame and sheet metal, trapping victims, including several children. Two investigations have been initiated in connection with the disaster, one by the Special Investigation Team (SIT) led by the state government and the other by the Rajkot Police. Gujarat High Court suo motu dealt with the incident and made critical remarks on the functioning of the state administration, following which Commissioner of Police Raju Bhargava, Additional Commissioner Vidhi Choudhary and Municipal Commissioner Anand Patel were transferred. Rajkot municipal officials, including planning officials responsible for preventing illegal constructions, have been suspended and four people, including gaming zone operator Dhaval Thakkar, have been arrested.

What was the second incident?

On May 25, seven babies died in a fire at a neonatal hospital in Delhi’s Vivek Vihar, which led to the arrest of Naveen Khichi, owner of New Born Baby Care Hospital, along with the doctor on duty. Initial reports indicated that a large number of oxygen cylinders stored at the facility aggravated the effects of the fire. In both cases, the focus was on the authorities’ fire safety certificates, the issuance of no-objection certificates (NOCs), and the authorities’ failure to notice irregularities that occurred in the public eye.

What fire regulations govern safety?

The position of the Union of India on Fire Safety is that the Model Buildings Regulations, 2016 and its constituent Chapter 11 on ‘Fire Protection and Fire Safety Requirements’ provide the necessary framework for State Governments which are legally responsible for fire safety. It is left to states to ensure compliance with fire safety norms and standards set out in Part 4 of the National Building Code (NBC) and to incorporate mandatory regulations into the process.

A facility like the Rajkot Gaming Zone would come under the ambit of assembly buildings under the rules as it is a place without permanent seating where a minimum of 300 people would congregate. The definition of assembly buildings is broad under the regulations. These include any building or part of a building in which “not less than 50 persons gather for entertainment, recreational, social, religious, patriotic, civic, travel and similar purposes, for example, theaters, cinemas, assembly halls, museums, ice skating , ice rinks, gymnasiums, restaurants, places of worship, dance halls, club halls, stations and passenger terminals of public transport services by air, land and sea, piers and recreational stadiums. Hospitals, correctional facilities, correctional facilities, or mental health facilities are considered institutional buildings, while educational, business, industrial, and professional uses are included separately.

During the pandemic, amid a spate of wildfires, on September 28, 2020, the Ministry of Health distributed guidance outlining third-party accreditation for fire safety and implementing a fire response plan. Chapter 11 of the Ordinance clearly lays down fire safety and infrastructure requirements for buildings with a height of 49 feet or more and low occupancy buildings of various categories for which NOC must be issued.

Additionally, the Gujarat Comprehensive Development Control Rules, 2017 also make it mandatory to obtain the opinion of the Chief Fire Inspector, even for a temporary structure. The same regulations state that all structures for any purpose must comply with the fire and safety regulations prescribed by the Fire Service under the Fire Prevention and Life Safety Measures Act, 2013. In the case of the Rajkot Game Zone, it was constructed ostensibly as a custom structure intended to circumvention of regulatory requirements and an investigation will determine whether it qualifies for use as an assembly building offering recreation and entertainment services.

How do courts evaluate negligence in fire safety?

The most famous fire accidents that resulted in loss of life include the 1997 Uphaar cinema tragedy in Delhi, which led to the conviction of the hall’s owners, Sushil Ansal and Gopal Ansal, among others. for negligence and tampering with evidence. The deaths of 59 people who were trapped on the hall’s balcony due to illegally installed seats and a blocked exit resulted in a protracted legal battle, as a result of which the victims’ families formed an association to seek justice. The Uphaar case was prosecuted on charges of causing death by negligence (IPC 304A), wounding or grievous hurt due to rashness or negligence (337, 338) on the part of cinema owners, and culpable homicide (304) and other sections therein in the case of theater workers and employees of public institutions , such as energy authorities. The utility’s transformer, which was placed without sanction and allowed in without safeguards, is believed to have caused the inferno. Owners had to be directly liable for intentional design deviations.

Essentially, the court held property owners, employees and staff of the energy agency responsible for the devastating toll of the Uphaar tragedy for violating the law and later paying compensation. On June 13 last year, on the anniversary of the fire, the Uphaar Tragedy Victims Association accused the justice system of allowing the Ansal brothers to be released from prison on a reduced sentence.

In the wake of the Rajkot fire, the Gujarat High Court decides suo motu the knowledge led, on the one hand, to the investigation of fire and building code enforcement, as well as to the identification of several unauthorized facilities in the state offering recreational and entertainment services. The Ahmedabad Municipal Corporation informed the court that the recent Gujarat Regularization of Unauthorized Development Act, 2022 (effective from January 2, 2023) was used by an unauthorized gaming zone to seek legalization.

Gujarat has witnessed more than one terrible fire in recent years. A 2019 fire at a teaching center in Takshashila Arcade in Surat killed more than 20 students, leading to calls for tighter fire safety in public buildings. After the Rajkot judgment, the Gujarat High Court took note of the Public Interest Litigation (PIL) pending before it and observed that “insult (was) added to injury” as the state government had not complied with its earlier orders.

What can be done to enforce the law?

The suo motu the notification issued by the Gujarat High Court expands its guidelines on fire safety and calls for a government report on efforts to comply with the Comprehensive Development Control Regulations, National Fire Safety Executive Committees, periodic inspections under the Fire Safety Act and licensing under various laws. Earlier, the state government had informed the court that 163 hospitals and 348 schools in the municipalities did not have valid fire NOCs. It cited practical difficulties and a lack of trained manpower and infrastructure to achieve full compliance.

Considering that in 2022, there were 241 fires in commercial buildings and 42 in government buildings, killing a total of 257 people (NCRB data), tightening the provisions of the construction law and the Model Building Regulations is necessary. Full responsibility of the state and executive bodies is necessary. Temporary and dilapidated structures that have appeared in urban and rural areas, attracting unwary outdoor enthusiasts, pose the risk of starting deadly fires. They must be strictly regulated for safety.

The author is a journalist based in Chennai.