The Delhi Fire Prevention and Fire Safety Act, 1986; - PowerPoint Presentation

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The Delhi Fire Prevention and Fire Safety Act, 1986;Issues, Challenges & Possible Solutions

Dr Pankaj Arora Slide2
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Whose Organization was that?

Your?

Mine?

Ours……Slide4

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.Slide5

Key words"occupier“ tenant

ownera 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.Slide6

Key provisionsInspection 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. Slide7

Key provisionsFollow up:Deficiencies noted.Notice issued to the owner/occupier.

Report sent to Chief Fire Officer.Slide8

Key provisionsPower to seal buildings or premises

Chief Fire Officer.If any building is dangerous to life & property.Can direct local police to help.Slide9

Key provisionsPenaltiesWhoever 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.Slide10

Key provisionswhere 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.Slide11

The Haryana Fire Service Act, 2009Slide12

Training of Fire Safety OfficersSlide13

NOCSlide14

Validity of LicenceSlide15

The Delhi Fire Service Act, 2007Slide16
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Case StudiesSlide20

Who is covered?Is the Act applicable to all the buildings?

What about the buildings built prior to formulation of this Act in 1986?Slide21

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. Slide22

Who is covered?ConsiderationBuilding bye laws at the time of construction.

Minimum standards framed under the Act.May issue notice Slide23

WP(C) No. 2710/1998 decided on 29.5.2003In 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.Slide24

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.  Slide25

Question of LawBSES filed for clarification:Under other laws bound to supply electricity.

Buildings in the “Lal Dora” and “extended Lal Dora areas”. Slide26

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. Slide27

Who is responsible?In case of Hospitals or other such organizations, who is responsible?Director

Medical superintendentFire officerNo one Slide28

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, unlessSlide29

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.Slide30

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.Slide31

AMRI caseFire in major Kolkata hospital.More than 90 patients died.Six directors and four hospital administrators arrested.

One of the directors granted bail.Slide32

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?Slide33

AMRI caseGovernment of West Bengal has a nominee as Chairman of AMRI hospitals Ltd. Govt. has a 1.75% share in AMRI hospitals.Slide34

Allegation of DelayDelayed call to Fire Office this time.Another fire few months back, call made to fire brigade.

Why?Slide35

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.Slide36

Fire at Rajendra Hospital, Patiala

Fire in Neonatology unit on 31/01/2009.Five Neonates died.Inquiry heldThree officials charge sheeted including two senior officials after 14 months.Slide37
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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, 2011.Three fatalities.Cause: Fire in AC.Patients shifted yet causalities.Slide39

Three choke to death in ICU fire at KMCHospital 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.Slide40

PGIMERIn 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

.Slide41

PGIMERNotices have been issued in the

past.Communication

has been

received

from the

MoHFW

.Questions have

been asked in the Parliament.Slide42

PGIMER

Committee to do a Pre Audit formed by MS.Slide43

PGIMERDetailed internal audit of the Institute done.Areas for improvement identified.

Committee made close to 90 observations which included common and specific for different areas. Slide44

P

G

I

M

E

RSlide45

Most of points related to Engineering Services.DPGI directed the Engineering. department to discuss and do needfulPrioritization done.

PGIMERSlide46

Steps being taken to address the issue

P

G

I

M

E

RSlide47

PGIMERSix 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.Slide48

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.Slide49

Mock drills have been planned and are being conducted.PGIMER

Mock

Drill

Observations

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.

YesSlide50
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BUT…….Newer buildings are being planned across the hospitals.But the problem persists.Slide52

PGIMERSimilar problems are also faced at PGI.Attempts

have been made to rectify the problems.

Possible solution: Inbuild the requirement of fire clearance in the tender itself.Slide53

Chandigarh Notices have been issued.

150 notices were issued in the year 2012.In the past four years only four buildings have been sealed for violation of safety norms.Slide54

Some factsThe Maharashtra Fire Prevention and Life Safety Measures Act, 2006, empowers the chief fire officer to disconnect water and electric connections of violators.Slide55

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. Slide56

Ruby Hospital, Kolkata was shut in 2008 for violation of fire norms and had to do the modifications.

Tomorrow it can be your hospital………..Slide57

BASICSSlide58

Road AheadNational Building Code.Application of Fire safety provisions & practices.

Plan well.Follow the Law in Letter and Spirit….Slide59

THANK YOU Slide60

Prof A K GuptaDr Shweta

TalatiDr Ranjit Bhogal

Mr

Rajesh, Fire Officer

Mr

P C Sharma, CSO

THANK YOU