In exercise of the
powers conferred by sub-section (1) of section 49 of the Maharashtra Fire
Prevention and Life Safety Measures Act, 2006 (Mah. III of 2007), the
Government of Maharashtra, after considering the objections and suggestions
received by it, in pursuance of the Government Notification, Urban Development
Department, No. FFS/GR-81/UD-20, dated 13th January 2009, published as required
by sub-section (1) of section 49 of the said Act, hereby makes the following
rules, namely:-- (1)
These rules may be called
The Maharashtra Fire Prevention and Life Safety Measures Rules, 2009. (2)
They extend to the whole
State of Maharashtra. (3)
They shall come into force-- (a)
in the areas of the local
authorities and the planning authorities, with effect from the date of
publication of these rules in the Official Gazette. (b)
in other areas or part of
the areas, on such date as the State Government may, by the same or like
notification appoint, and different dates may be appointed for different
provisions thereof and for different areas or part of the areas; and (c)
any reference in these rules
to the commencement of the rules shall, in relation to a provision or an area,
be construed as a reference to the coming into force of these rules or any
provision thereof in that area. In these rules,
unless the context otherwise requires,-- (a)
"Act" means The
Maharashtra Fire Prevention and Life Safety Measures Act, 2006; (b)
"form" means the
form appended to these rules; (c)
"regular fire
service" means a service rendered, for the administration, prevention or
protection of fire, with the State Government, local authority or planning
authority; (d)
"section" means
the section of the Act; (e)
the words and expressions
used or these rules but not defined shall have the same meaning as assigned to
them in the Act. (1)
The nominated officer to be
appointed under clause (9) of section 2 of the Act shall be from amongst the
fire officers mentioned in clauses (a) and (b) of sub-section (3) of section
21, in each of the respective Municipal Corporations, Municipal Councils, Nagar
Panchayats, Industrial Townships or Planning Authorities, and where the cadre
of such fire officers is not yet established, the nominated officer shall be
appointed by the Director, Maharashtra Fire Services from amongst fire officers
or fire personnel in the Municipal Corporations, Municipal Councils, Nagar
Panchayats, Industrial Townships or Planning Authorities, possessing the
following qualifications, namely:-- (a)
for "A" and
"B" class Municipal Corporations, the nominated officer shall be a
fire officer who,-- (1)
possesses a Degree or an
Advanced Diploma in Fire Engineering from the National Fire Service College,
Nagpur, Ministry of Home Affairs, Government of India or the State Fire
Academy, Government of Maharashtra; and at least two years' experience of
regular fire service for inspection and testing of fire prevention and
protection work; or (2)
has passed the Membership
Examination of the Institute of Fire Engineers, India or the Institution of
Fire Engineers of United Kingdom and has at least two years' experience of
regular fire service; and of fire prevention and protection work. (b)
for "C" and
"D" class Municipal Corporations, the nominated officer shall be a
fire officer who,-- (1)
possesses a Diploma in Fire
Engineering from the aforesaid National Fire Service College, Nagpur or the
State Fire Academy, Government of Maharashtra; and at least two years'
experience of regular fire service and of fire prevention and protection work;
or (2)
has passed the Grade I
(Fire) of the Institute of Fire Engineers, India or the Institution of Fire
Engineers of United Kingdom and has at least two years' experience of regular
fire service for inspection and testing of fire prevention and protection work. (c)
for Municipal Councils.,
Nagar Panchayats or Industrial Townships, the nominated officer shall be a fire
officer who possesses a Diploma in Fire Engineering from the aforesaid National
Fire Service College, Nagpur or the State Fire Academy, Government of
Maharashtra; and at least two years' experience of regular fire service; (d)
for Special Planning
Authorities and Special Economic Zones (SEZs), Private Townships and Hill
Station Projects, the nominated officer shall be a fire officer who,-- (1)
possesses a Degree or an
Advanced Diploma in Fire Engineering from the National Fire Service College,
Nagpur, -Ministry of Home Affairs, Government of India or the State Fire
Academy. Government of Maharashtra; and at least two years' experience of
regular fire service for inspection and testing of fire prevention and protection
work; or (2)
has passed the Membership
Examination of the Institute of Fire Engineers, India or the Institution of
Fire Engineers of United Kingdom and has at least two years' experience of
regular fire service and of fire prevention and protection work. (2)
In any area or areas not
covered by sub-rule (2), the nominated officer shall be appointed by the
Director from amongst fire officers from the office of the Director of from any
local authority or planning authority, who possesses qualifications specified
in clause (a) or (b) of sub-rule (1), having regard to the potential of the
fire hazard in the buildings or the project concerned. (3)
Notwithstanding anything
contained in clauses (a), (b), (c) or (d) of sub-rule (i), where any special,
high-rise, or mega project is coming up within or without the areas covered by
the said clauses of sub-rule (i), the scrutiny and the inspection of the
buildings will be carried out by the Chief Fire Officer or qualified nominated
officer, if any, from the nearby Municipal Corporation or by any Fire Officer
as the Director may, by any general or special order in that behalf, specify. (4)
Notwithstanding anything
contained in sub-rules (1), (2) and (3), a fire officer Khali be required to
have acquired a certificate of fire prevention course of the State Fire
Academy, Government of Maharashtra, before his appointment as a nominated
officer. (1)
A certificate regarding the
compliance of the fire prevention and life safety measures in a building or a
part thereof as required by or under the provisions of the Act, to be issued by
a Licensed Agency, shall be in "Form-A". (2)
A certificate which is to be
issued by a Licensed Agency twice a year in the months of January and July regarding
the maintenance of fire prevention and fife safety measures in, a building or
premises being in good repair and efficient condition as specified in
sub-section (2) of section 3 of the Act, shall be in "Form-B". Notice directing the
removal of objects or goods likely to cause the risk of fire.-- (1)
The notice to be given under
sub-section (2) of section 4 to the owner or occupier of a building or
premises, -directing the removal of objects or goods Likely to cause the risk
of fire, to a place of safety shall be in "Form-C". (2)
On failure of the owner or
occupier to comply with the notice issued under sub-rule (1), he shall be given
a further notice under sub-section (2) of section 4 to submit his say as to why
the objects or goods should not be seized, detained or removed. Such notice
shall be in "Form-D". Where any objects or
goods involving risk of fire are required to be seized, detained or removed
under sub-section (2) of section 4, the memorandum of seizure etc. to be
prepared in that behalf shall be in the "Form-E"; and the panchanama
to be made in that Behalf shall be in "Form-F". (1)
The notice for entering and
inspection required to be given under sub-section (1) of section 5 for
ascertaining the adequacy or contravention of fire prevention and life safety
measures in any place or building or part thereof, shall be in
"Form-G". (2)
The notice required to be
given under sub-section (4) of section 5 to a woman, who, according to the
custom, does not appear in public, shall be in "Form-II". Where the inspection
is carried out by the nominated officer under section 5, he shall give the
report of such inspection in "Form-I". Notice to be given to
the owner or occupier of a building or part thereof to undertake certain
measures.-- (1)
Where on completion of the
inspection of a place or building or a part thereof, any deviation from, or
contravention of, the requirements with regard to the fire prevention and life
safety measures or any inadequacy or non-compliance of such measures provided
or to be provided therein with reference to the height of the building or the
nature of the activities carried on in such place or building or part thereof,
are noticed, the owner or occupier of such place or building or part thereof
shall be given a notice thereof under section 6 of the Act in
"Form-J", directing him to undertake the requisite measures within
seven days. (2)
The time to be specified in
the notice given to the owner or the occupier under sub-rule (1) shall be
specified having regard to the nature of the measures to be taken but such time
shall not exceed 120 days. The Director or Chief
Fire Officer shall follow the following procedure in regard to sealing of any
place or building or part thereof, required to be sealed under sub-section (3)
of section 8, namely:-- (a)
he shall require persons, in
possession or occupation of the place or building or part thereof to be sealed,
to remove themselves from there forthwith; (b)
in case of non-compliance of
the said order, he shall direct any police officer having jurisdiction in the
area to remove such persons from such place or building or part thereof; (c)
after the removal of persons
in possession or in occupation from such place or building or part thereof, he
shall cause such place or building or part thereof to be sealed by such police
officer forthwith in the manner which he deems fit; (d)
the seal used to seal as
aforesaid shall remain in the custody of the Director or, as the case may be,
the Chief Fire Officer; (e)
(i) if the place or building
or part thereof required to be sealed on receipt, of the report of the
nominated officer, is found to be locked or inaccessible, he may cause the lock
to be broken by the police officer and enter the premises and after taking all
necessary steps required to be taken under the Act, or under these rules,
relock and cause it to be sealed as aforesaid; (ii)
where a place or building or a part thereof is sealed under sub-clause (i), an
inventory of the material found in such place or building or part thereof shall
be prepared in the presence of two independent witnesses and a copy thereof
shall be delivered to the owner or occupier, if present at the site. The Forms
"E" and "F" shall, respectively, be used mutatis mutandis
for such inventory and the panchanama to be prepared in that regard. (f)
he shall report in writing
to the Police Station concerned if the seal so fixed on any place or building
or part thereof is found to be broken or tampered. Orders to authorities
responsible For supply of electricity or water to disconnect supply or to a
Police Officer to remove persons from a place or building or apart thereof,
which is in imminent danger.-- (1)
An order under clause (a) of
sub-section (2) of section 8, directing the authority responsible for supply of
electricity, or as the case may be, water, to a place or building or a part
thereof, which is dangerous to any person or property, to disconnect the supply
of electricity, or as the case may be, water, shall be in "Form-K". (2)
An order under clause (b) of
sub-section (2) of section 8, directing any Police Officer having jurisdiction
in the area, to remove persons from any place or building or part thereof which
is dangerous to any person or property shall be in "Form-L". No person shall be
eligible to apply for grant of licence to act as a Licensed Agency; and shall
be granted a licence to act as Licensed. Agency, unless he,-- (1)
possesses,--. (a)
at least any of the
following qualifications, namely:-- (i)
a degree or Advanced Diploma
or Diploma in Fire Engineering awarded by the National Fire Service College,
Ministry of Home Affairs, Government of India, or (ii)
Follow of Fire Engineering
of the Institution of Fire Engineer (U.K.) or M.I. Fire (U.K.) or A.M.I.K. Fire
India, Graduateship Examination of the Institution of Fire Engineer (U.K.) or
the Institution Fire Engineer (India). (b)
(i) a degree or Diploma in
Mechanical or Electrical or Electronics or Chemical or Civil Engineering or
Computer Applications From a recognized university and (ii)
experience in executing fire prevention and fire protection system, as laid
down in the National Building Code, 2005 or the code published by the National
Fire Protection Association (NFPA, USA) 2008, as amended from time to time, or
in case of (h) above, has in his employment, for the purpose of execution and
supervision of the work relating to fire protection and life safety measures in
a building or a project, an officer or supervisory officer holding any of the
qualifications mentioned in clause (a), so however that, a degree or diploma in
fire engineering or any other qualifications in relation, to fire protection,
prevention and safety measures specified therein shall be an essential
qualification. (2)
holds a solvency certificate
for an amount as may be specified by the Director, with prior approval of the
Government. (3)
has during the period of 3
years immediately preceding the year of making the application, executed the
work in relation to fire prevention and fire protection system; or holds a
certificate of fire protection specialist awarded by the State Fire Academy,
Government of Maharashtra. (4)
has adequate machinery,
tools and other requisite equipment in relation to fire prevention and fire
protection systems; and (5)
has not been black-listed by
any Government Department or Organisation or any other State. Application to be
made for Licensed Agency, manner of making it and fees in respect thereof.-- (1)
Every application for
licence to act as Licensed Agency for the purposes of the Act under section 9
shall be in "Form-M". (2)
Such application may be
presented in person or sent by registered post or through courier agency or
online. (3)
Every such application shall
be accompanied by-- (a)
the following fees:-- Class of local or
planning authority Minimum solvency
certificate for (rupees in lakh) Prescribed limit for
execution of the works as per estimated cost (rupees in lakh) Cost of annual works
minimum executed in the last three years (rupees in lakh) Registration (fee in
rupees) Fire fighting system
installation such as hydrants, sprinklers pumping etc. Detection and fire
separation system Passive protection
such as cable protection, fire doors etc. 1 2 3 4 5 6 7 A 15.00 Unlimited 500.00 200.00 200.00 25000 B 10.00 1000.00 300.00 100.00 100.00 15000 C 5.00 600.00 200.00 50.00 50.00 5000 D 2.50 300.00 100.00 25.00 25.00 2500 (b)
documents as may be
specified by the Director and which shall include the following, namely:-- (1)
solvency certificate for an
appropriate amount as specified under sub-rule (2) of rule 12 and shown above. (2)
attested copy of deed of
partnership and power of attorney or articles of memorandum of association or
affidavit on stamp paper in case the individual is the sole proprietor of the
firm; (3)
last three years'
certificates from the concerned department regarding satisfactory completion of
works; (4)
orders of works in hand in
current year (upto the prescribed amount for that class); (5)
certificate from the
chartered accountant or registered income tax practitioner in the prescribed
form in case of private works; (6)
if the application for
registration is made for the first time for a specific class, the applicant is
required to have executed at least one work upto the maximum amount in the
class, which falls by one class below the specific class, applied for; (7)
certificate regarding
appointment of at least one officer possessing any of the qualifications
specified in clause (b) of sub-rule (1) of rule 12; (8)
attested passport size
photographs of partners or directors or individual proprietor and also of the
officer or officers referred to in item (8); (9)
attested copy of VAT
registration certificate; (10)
affidavit on appropriate
stamp paper, stating that his or her firm is not black listed by the Government
or any semi Government organization; and (11)
list of technical staff with
their qualifications. The Licence to act as
a Licensed Agency shall be granted in "Form-N" and shall be subject
to the following conditions, namely:-- (1)
The licence shall be-- (a)
non-transferable, (b)
valid for one year from the
date of issue, unless suspended or cancelled earlier, (c)
renew (d)
able, if so desired, before
expiry of the licence. (2)
Changes, if any, in respect
of the--- (a)
Partners, Directors or
Members, (b)
Address of the office of the
Licensed Agency shall be forthwith reported to the Authority issuing the
licence. (3)
The Licensed Agency shall
always keep the work, executed, or being executed by it, open for inspection by
the Director, Chief Fire Officer or any fire officer authorized by the Director
or the Chief Fire Officer. An application for
renewal of a licence granted under section 9, read with rule 14, shall also be
made in "Form-M" and shall be accompanied by a fee specified under
clause (a) of sub-rule (3) of rule 1.3 and also documents as mentioned in
clause (b) of sub-rule (3) of rule 13. (1)
Any person holding a licence
to act, as a Licensed Agency for any class or description, as granted or
renewed under section 9, rend with rule 14, and who is also eligible to act as
a Licensed Agency for any other class or description, may apply in
"Form-M" for the addition of such other class or description to the
licence. (2)
The provisions of rule 13
shall apply to an application made under sub-rule (1) as if the said
application were for grant of a licence under section 9, read with rule 14, for
the class or description which the applicant desires to be added to his
licence. Where any person to
whom the Licence has been granted contravenes any provisions of the Act or of
the rules or fails to comply with the conditions of the licence or is unfit by
reason of incompetency, misconduct or any other grave reason, a notice to show
cause as to why the licence granted to him to act as Licensed Agency should not
be suspended or cancelled, to be given to such person, shall be in
"Form-O". (1)
An Application under
sub-section (i) of section 14 for assessment of fire service fees payable by a
person, who intends to construct a building or who has commenced construction
of a building in the manner provided in the sub-section (i), shall make an
application to the authority, in "Form-P". (2)
Such application shall be
made at the time of making an application to the Authority for permission to
construct a building and in any case, before the Authority grants such
permission; and a person who has commenced construction of a building without
making an application for such permission of the Authority, shall make an
application for assessment of fees payable in respect of such building within
30 days from the date of commencement of the Act. (3)
Such application may be
presented in person or sent by registered post or through courier agency or
online. The authority shall
give a notice in "Form-Q" to the person, who has made an application
under sub-section (1) of suction 4 or a person who has constructed a building
without permission, in respect of assessment of fire service fees leviable in
case of a building intended to be constructed by the applicant or the
construction made without permission; and having regard to the matters to be
considered as specified in sub-section (2) of section 14 and also to the
following guidelines, assess the fees, so leviable and payable by such person:-- Guidelines,-- 1.
In the case of,-- (1)
Residential Buildings.-- (a)
Lodging or Rooming Houses, (b)
One or Two family private
dwellings, dormitory, apartment houses, (c)
Hostels, (d)
Starred Hotels. (2)
Educational Buildings; (3)
Institutional Buildings.-- (a)
Hospitals, Sanatoriums,
Nursing Homes, (b)
Custodial, Penal and
Plantal. (4)
Assembly Buildings; (5)
Business Buildings; (6)
Mercantile Building.-- (a)
F-1 and F-2 Buildings, (b)
Underground Shopping
Complexes-- (i)
If the building consists of
different wings or has an annexe, being contiguous and forming part of the
building, the total area of the main building, wings thereof and annexe shall
together be calculated as of one building; (ii)
If any additions are made to
the existing buildings, the entire area of the building shall be calculated and
the fire service fee leviable and payable in respect thereof shall be for the
entire such area loss the fire service fee, if any, paid earlier. (iii)
If the interior of a
building is changed by internal alterations including construction of loft or
mezzanine floor which are carried out therein, without any addition in the
gross built-up area no fire service fee shall be levied thereon. 2.
In the case of (1)
Industrial Buildings.-- (a)
Low Hazard, (b)
Moderate Hazard, (c)
High Hazard; (2)
Storage Buildings; (3)
Hazardous Buildings.-- (i)
Where a building is having
mixed occupancy, fire service fee shall be levied having regard to the nature
of each of the occupancies; (ii)
If a building in
compartmentalized, then the compartment which is newly built or where any
additions or alterations are made to an existing compartment, the fire service
fee shall be levied on such new or added compartment, irrespective of the fact
that such compartment is contiguous or forming a part of the same building; (iii)
If the interior of a
building is changed by internal alterations including construction of loft or
mezzanine floor which are carried out therein, fire service fee shall be levied
thereon. (1)
After the assessment of fees
made under rule 19, a notice in "Form- R" of such assessment shall be
served upon the applicant or the person concerned. (2)
The provisions of rule 1.9
and sub-rule (1) of this rule shall apply mutatis mutandis to assessment of
fire service fees in respect of a building, the construction of which has been
completed on or after the date of coming into force of the Act. (3)
Save as otherwise provided
in the Act or under these rules, the procedure followed by the authority in
respect of collection of the taxes or fees levied by it under any relevant law
or instrument applicable to it, shall apply also to collection of fire service
fees assessed under these rules. Without, prejudice to
the rules, if any, regulating recruitment to the post of Director, Maharashtra
Fire Services, Group-A for the time being in force, the Director of Kiro
Services to he appointed under section 18 shall always be a person possessing
academic qualifications and practical experience in lire services. (1)
Subject to the provisions of
sub-rule (2), the duties and responsibilities of fire officers and staff shall
be as specified in the Fire Service Manual, to be prepared by the state
Government. (2)
The Director, with the
approval of the Government, may, by general or special order, add to, or delete
from, or modify the duties and responsibilities of the fire officers or fire
staff; and thereupon the Fire Service Manual shall stand amended accordingly. Order of requisition
of fire fighting equipment or property of any Authority or any institution or
individual to be issued under sub-section (1) of section 26 shall be in
"Form-S". Report on damage
caused to premises during fire fighting operations and assessment and payment
of compensation.-- (1)
The Director or the Chief
Kiro Officer or any other fire officer who is in-charge of fire lighting
operations on the spot, shall make a report in "Form-T" to the
Authority on damage, if any, caused to premises by lire officers or fire
personnel during fire fighting and rescue operations as referred to in
sub-section (2) of section 27. (2)
On receipt of report under
sub-rule (1), the damage caused to any premises or any other property shall be
assessed by an officer of the Authority, as the Authority may the designate in
that behalf and such designated, officer shall, after giving an opportunity of
being hoard to the owner or occupier concerned, assess the damage and submit
his recommendations in that behalf to the authority for its consideration. (3)
Where the building or
property to which such damage is caused is insured, the Insurance Company
shall, while determining and granting compensation to be paid to the owner or
occupier, take into account the damage caused to the premises or any other
property by the fire officers or fire personnel during the conduct of fire
fighting and rescue operations, having regard to the recommendation made by
such designated officer. The fire officer
in-charge of fire or natural calamity operations, shall submit a report of any
accident occurring during such operation 16 the Director and also to the Chief
Fire Officer; and the compensation payable to any fire officer, or fire
personnel in the case of such accident, or to their dependents in the case of
death or permanent disability, shall be such as the Director may, with the
approval of the State Government, by any general or special order, determine. Every fire officer or
fire personnel who violates his duty or commits willful breach of any
provisions of the Act or the rules or any order made by his superior officer,
or exhibits or indulges in any cowardice or withdraws from duties of his office
without permission or being absent on leave, fails without reasonable cause to
report himself for duty on the expiry of such leave, or engages, without
authority, in any employment other than his duty, shall be liable to be
proceeded against for such breach of discipline, and shall be liable for disciplinary
action, including action for breach of this rule. The fire officers or
fire personnel may be engaged for the purposes other than fire fighting at the
discretion of the Director or the Chief Fire Officer or any subordinate officer
authorized by the Director or the Chief Fire Officer, in the case of all calls
relating to natural calamities and rescue of life. Where the officer
in-charge of the fire fighting operations draws water, from any source in the
area, which he considers necessary for such operations, the authority or owner
or occupier having control over such water source shall be paid for the water
so utilized,-- (a)
if water is drawn from an
authority, then at the lowest rate of supply of water which is usually charged
from the users of water in such area by such authority; (b)
if water is drawn from any
owner or occupier, then at the rate which shall not exceed the lowest rate
referred to in clause (a), and where such rate is not, available, then at such
rate as may be determined by negotiation, subject, however, to the condition
that where any dispute arises as to such rate, in the case of an authority, the
decision of the Chief Executive Officer of the Authority concerned, and in the
case of an owner or occupier, the decision of the Director, shall be final. The terms on which
the Director or the Chief Fire Officer or any other fire officer authorized by
any Authority may secure, by agreement, fire fighting equipment or personnel
from any person, who employs and maintains personnel or equipment or both, for
fire fighting purposes, shall be as follows:-- (1)
As soon as may be, after the
fire fighting operation is over, the Director or the Chief Fire Officer or the
Fire Officer in-charge of the tire fighting operation, as the case may be,
shall release the personnel or equipment so secured and restore the same to the
person (including the local authority, firm, institution or individual) from
whose possession such personnel or equipment was secured. (2)
There shall be paid to the
employer of such personnel or owner of such equipment, compensation, the amount
of which is determined in accordance with the principles hereinafter set out,
that is to say,-- (a)
where the amount of compensation
is determined under the agreement, it shall be paid in accordance with such
agreement; (b)
where such compensation is
not settled in the agreement or where no such agreement with regard to
compensation can be reached, the matter shall be referred to the State
Government and the decision of the State Government in that behalf shall be
final; (c)
if any injury is caused to
any personnel or any damage is caused to any equipment and the employee or the
owner of the equipment, as the case may be, demands any compensation separately
in respect thereof, and no agreement can be reached, the matter shall likewise
be referred to the State Government for determination and the decision of the
State Government in that behalf shall be final. (1)
Any aggrieved person may
prefer an appeal in "Form-U" within 30 days from the date of receipt
of notice or order or communication of refusal, as the case may be, as
mentioned in clauses (a), (b) or (c.) of sub-section (1) of section 32. (2)
Such appeal shall bear a
court-fee stamp of Rs. 10 and shall be accompanied by a fee of Rs. 500 to be
paid in the office of the authority and a receipt in respect thereof shall be
appended to the form of appeal. (3)
Such appeal may be presented
in person or may be sent by registered post or through courier agency. (4)
On receipt of such an
appeal, the designated officer shall, as far as may be practicable, issue a
notice at hearing to the appellant and the authority within 15 days from the
date of receipt of such appeal and shall finally dispose of the appeal within
30 days after the dale of hearing.MAHARASHTRA FIRE PREVENTION AND
LIFE SAFETY MEASURES RULES, 2009
PREAMBLE