On fire safety regulations in India

• A deadly fire at a gaming center in Rajkot, Gujarat killed at least 32 people, bringing focus back on the safety of public buildings and venues.
• The Gujarat High Court suo motu took up the incident and made critical observations on the functioning of the State administration.
• In another event, seven babies died in a fire in a hospital for newborns in Delhi
• In both incidents, the focus is on fire certification by the authorities, issue of No Objection Certificates (NOC), and the failure of authorities to take cognisance of illegalities that were happening in full public view.

Fire safety regulations

• Model Building Bye-Laws, 2016 and its component Chapter 11 on “Fire Protection and Fire Safety Requirements” provides the necessary framework for State governments, which bear responsibility for fire safety under law.
• Ensuring adherence to fire safety norms and standards laid down in Part 4 of the National Building Code (NBC) and incorporating mandatory provisions in the process is left to the States.
• A structure such as the Rajkot game zone would fall under assembly buildings of the bye-laws, since it is a venue without permanent seating arrangements where 300 or more persons would gather.
  • The definition of assembly buildings is broad under the regulations.
  • They include any building or part of a building where not less than 50 gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes
  • Hospitals, custodial and penal or mental health institutions are institutional buildings, while educational, business, industry and specialized uses are covered separately.
• During the pandemic, amidst a spate of fires, the Health Ministry circulated guidelines on stipulating third party accreditation for fire safety and putting a fire response plan in place.
• Chapter 11 of the Bye-Laws clearly lays down fire safety and infrastructure requirements for buildings which are 49 feet in height or more, and those with low occupancies in various categories, for issue of NOC.
• In the case of the Rajkot game zone, it was built apparently as a non-standard structure to evade regulatory requirements

Courts view on neglect of fire safety

• The court in the Uphaar tragedy held the owners of the property, employees and staff from the electricity agency liable for the devastating toll for violating the law and later for payment of compensation.
• In the wake of the Rajkot fire, the Gujarat High Court taking suo motu cognisance has led to scrutiny of the enforcement of fire and building laws on the one hand, and the identification of several unauthorized venues in the State hosting leisure and entertainment services.

What can be done for the law enforcement

• Full accountability by the State and enforcement agencies is vital.
• Temporary and ramshackle structures allowed to come up in urban and rural areas, attracting unwary leisure seekers, run the risk of setting off deadly fires.
• They need to be tightly regulated for safety.