In exercise of the powers conferred by
Section 26 of the Odisha Fire Service Act, 1993 (Odisha Act 30 of 1993) and in
supersession of any previous order or notification issued in this regard, the
State Government do hereby make the following rules, namely: (1)
These rules may be called the Odisha Fire
Prevention and Fire Safety Rules, 2017. (2)
They shall come into force on the date of
their publication in the Odisha Gazette. (1)
In these rules, unless the context otherwise
requires, (a)
"Act" means the Odisha Fire Service
Act, 1993; (b)
"authorised member" means an
officer not below the rank of Station Officer authorised by Director of Odisha
Fire Service. (c)
"Common Application Form (CAF)
Rules" means Odisha Development Authority (Common Application Form) Rules,
2016; (d)
"clinical establishment" means the
clinical establishment as defined under clause (b) of Section 2 of the Odisha
Clinical Establishment (Control and Regulation) Act, 1991; (e)
"Chief Fire Officer" means Chief
Fire Officer, Odisha from Fire Service cadre as designated by Government from
time to time and appointed under sub-section (3) of Section 4 of the Act; (f)
"Directorate of Fire Service" means
the office with officers and employees working under the administrative control
of the Director; (g)
"Director, Odisha Fire and Disaster
Response Academy" means an Officer in the rank of Chief Fire Officer
appointed as in-charge of training arrangement of the Odisha Fire Service with
the Headquarters at Bhubaneswar; (h)
"Fire Prevention Wing" means the
Fire Prevention Wing formed by the Director of Fire Service; (i)
"Fire Safety Supervisor" means a
qualified person appointed as a fire safety supervisor under rule-15 by the
owner or occupier or association of owners, occupiers or any lawful authorised
person, as the case may be, for certain specified classes of premises or
occupancies; (j)
"Fire Safety Certificate" means the
Fire Safety Certificate issued under these rules on completion of project after
fire safety inspection by the Competent Authority; (k)
"Fire Safety Recommendation" means
fire safety guidelines issued at the stage of plan approval or prior to the
commencement of proposed project; (l)
"Form" means the Form appended to
these rules; (m)
"Non-residential Building" means
all types of buildings including hotels, lodgings and guest houses as defined
in National Building Code of India excluding other residential buildings ; (n)
"Occupier" means anybody who
occupies a premises and includes, (i)
a tenant; (ii)
an owner in occupation of or otherwise using
land or building or part thereof; (iii)
a rent-free tenant of any land or building or
part thereof; (iv)
a licensee in occupation of any land or
building or part thereof; (v)
a member of a co-operative housing society or
an apartment owner; and (vi)
any person who, or an association,
corporation (whether incorporated or not) or an organisation which is liable to
pay to the owner damages for the use and occupation of any land or building or
part thereof; (o)
"Owner" includes (i)
a mortgage in possession; or (ii)
a person who, for the time being, is
receiving or is entitled to receive, the rent or premium or any other consideration
for any land or building or part thereof whether on his own account or on
account of himself and others; or (iii)
an agent, a co-operative society, trustee,
guardian or receiver or any other person who would so receive the rent or
premium or any other consideration, if the land or building or part thereof
were let out to a tenant; or (iv)
a builder, developer, promoter or any lawful
authorised person who constructs buildings for sale; or (v)
the Head of Office and concerned officer of
the Works Department, general manager of a railway, the principal officer of a
local authority, statutory authority or company in respect of properties under
their respective control, or (vi)
head of any private or public institutions
and establishments of any public utility. Explanation. In respect of an apartment building or
complex 'owner' means the office bearers of the association of apartment owners
formed under the provisions of the Odisha Apartment Ownership Act, 1982, and if
no such association is in existence then, owners of all apartments in the said
apartment building or complex; (p)
"Planning Authority" means any
Authority such as Development Authorities/Urban Local Bodies (ULBs)/Special
Planning Authorities/Regional Improvement Trusts which are constituted under
the provisions of Odisha Development Authorities Act, 1982, Odisha Municipal
Act, 1950 and Odisha Municipal Corporation Act, 2003 and Odisha Town Planning
and Improvement Trust Act, 1956; (q)
"Residential Building" means
buildings in which sleeping accommodation for normal residential purposes with
or without cooking or dining or both facilities available (other than hotels,
lodgings and guest houses) ; (r)
"State Government" means the
Government of Odisha ; (s)
"Temporary Structure" means a
structure with roof or walls made of wood, bamboo, straw, hay, grass, mats,
canvas, tarpaulin, cloth, polythene, thermoplastic or other like materials, for
use as a place on temporary basis for a specific period, where public may
assemble but not adopted for permanent or continuous occupancy; (2)
All other words and expressions used in these
rules but not defined herein shall have the same meanings as respectively
assigned to them in the Act. The required fire fighting appliances,
rescue gears and multi disaster response equipment as necessary for effective
fire fighting and rescue operation shall be supplied to each fire station on
assessment by the State Government. (1)
The Director shall organize various training
courses for different levels in co-ordination with, (a)
the Chief Fire Officer, Odisha with
Headquarters at Cuttack, Director, Odisha Fire and Disaster Response Academy
with Headquarters at Bhubaneswar, Principal, Odisha Fire and Disaster Response
Academy with Headquarters at Bhubaneswar, Principal, Odisha Fire and Disaster
Response Institute with Headquarters at Cuttack and Principal, Odisha State
Waterman-ship & Life guard Institute with Headquarters at Puri. (b)
the State Government and other Departments on
Administrative and Management topic, Seminars and Conferences. (c)
the Fire Advisor, Ministry of Home Affairs
and other Departments of Government and Private Organisation on quality
control, research and development, latest know-how and technologies and
purchase etc. for the betterment of service and to satisfy the safety need of
the public from the fire hazard. (2)
The training fee will be charged from the
trainees other than Firemen, Leading Firemen, Fireman Drivers, Driver Havildars,
Assistant Station Officers, Station Officers, Assistant Fire Officers, Deputy
Fire Officers and Fire Officers of Odisha Fire Service for undergoing training
relating to the prevention and extinguishment of fire as fixed by the Director,
from time to time and one-third of the fees so collected will go to the Unit
Welfare Fund of Odisha Fire Service constituted and administered by the
Director for development, management of infrastructure and training. On receipt of any information or alarm
of fire or other emergencies, it shall be the duty of every member of Fire
Service who is expected to respond to the said information or alarm, to attend
such emergencies immediately, properly and efficiently and shall keep himself
alert to attend to fires, special services, fire drills or other emergencies in
the shortest possible time on alarm being sounded as contained in Odisha Fire
Service Manual 1972. (1)
The Director may organise the Auxiliary Fire
Force on the pattern of Home Guards of the State and the expenditure thereof
shall be borne by the State Government. (2)
The Director shall be the Recruiting
Authority for the members of Auxiliary Fire Force. (3)
A member of the Auxiliary Fire Force, on
appointment, shall receive a Certificate of appointment for a specified period
of time as per Form-XVI attached to these rules, loss or damage of which shall
render him liable for severe disciplinary action. (4)
The Director, may by special order, shall appoint
outsiders, Home Guards and Civil Defence Volunteers for a specific period as
Auxiliary Fire Force with a view to fight fires in their area and assist the
fire service personnel in fire fighting and rescue operations and take steps
for public awareness to prevent fire. Subject to the provisions contained in
the Act on the occasion of fire, the Director or any authorized member
in-charge of a Fire Station on the spot, if the situation so requires, can (a)
generally take such measures as may appear
necessary like requisitioning police personnel, Magistrate for maintaining
peace and law and order at the site of fire or rescue operation for protection
of fire appliances and preservation of life and property; (b)
take the assistance and co-operation from all
Government Agencies like Health, Public Works Department, Public Health
Department, Engineering Organisation, Municipal Corporation and Departments of
Revenue, Agriculture, Veterinary, Forest and Excise who shall extend their
cooperation with available resources at their disposal on the requisition of
officer-in-charge of a Fire Station for effective execution of fire fighting,
rescue and salvage operation; (c)
Requisition fire fighting equipments and it
will be lawful duty for all private and Government bodies to provide the
available fire fighting equipments at their disposal; (d)
file requisition with the Collector and the
District Magistrate or the Sub-Divisional Magistrate, who shall hire equipments
or machineries, as required, for effective fire fighting, rescue and salvage
operations. (1)
Rewards shall be given to Fire Service
personnel only when a member displays exceptional skill, courage, honesty, hard
work and not merely for the efficient performance of ordinary duties. (2)
The rewards may be paper rewards like Good
Service Marks, Parchment Certificates or money rewards or rewards in kind which
shall be entered in Service Books or Gazette. (3)
On receipt of specific recommendations from
sub-ordinate officers so authorised, the Director or any authorised member may
nominate the names of eligible officers and other staff to the State Government
or Central Government and other organisations as such, for rewards or awards as
instituted, from time to time, for members of the fire service. (1)
For the purposes of sub-section (1) of
Section 10 of the Act, the following classes of premises or occupancies are
likely to have risk of fire, namely: (a)
Aerodromes, airports and airstrips; (b)
Places of Assembly like Auditoria, convention
halls, Assembly halls, recreation halls where number of persons not less than
fifty congregate or gather for amusement, recreation, social, religious etc and
similar purposes; (c)
Business or office buildings; (d)
Cinema Halls and Multiplexes; (e)
All Clinical Establishments; (f)
All types of Educational Buildings; (g)
Explosives or fireworks or hazardous
substances (manufacturing, storage, transporting, display, sale etc.); (h)
Factories and Industries; (i)
Hotels, Lodgings and Guest Houses: (i)
of twelve meters or more in height from
ground level; or (ii)
having four or more floors including all
underground, basement, stilt and mezzanine floors; or (iii)
three star or above category; or (iv)
having twenty-five guest rooms and above; or (v)
having one or more convention or function or
assembly halls of combined built-up area of two thousand square feet or more,
or combined capacity of three hundred or more persons. (j)
Malls, shopping complexes and mercantile
buildings- (i)
of nine meters or more in height from ground
level; or (ii)
having three or more floors including all
underground, basement, stilt and mezzanine floors; (k)
Depot of Petroleum and other inflammable
substances and refineries (storing, handling, refining, blending and retail
outlets etc); (l)
Residential (other than hotels, lodgings and
guest houses)- (i)
of fifteen meters or more in height from
ground level; or (ii)
having five or more floors including all
underground, basement, stilt and mezzanine floors; (m)
Temporary structures; (n)
All underground or partially underground
structures used for any purpose or occupancy; (o)
Warehouses; or (p)
any other classes of building or premises
notified from time to time. (2)
The minimum fire prevention and fire safety
measures to be provided in aerodromes, airports and airstrips shall be as
prescribed from time to time by the Directorate General of Civil Aviation
constituted under the Aircraft Act, 1934 (22 of 1934) and such other
authorities as per the relevant laws and rules. (3)
The minimum fire prevention and fire safety
measures including means of escape required in cinema halls and multiplexes
shall be as prescribed in rules 15, 22, 26, 27, 33, 41, 50, 81, 82 and 95(1) of
Odisha Cinemas (Regulation) Act, 1954, Odisha Cinemas (Regulation) Rules 1963
& Odisha Cinemas (Regulation) Appeal Rules, 1956, Bye-laws for construction
of cinema buildings as prescribed in clause 1 to 19 of IS: 4878-1986, part-III
& IV of National Building Code of India and revised by the Bureau of Indian
Standards from time to time. In case of discrepancy the minimum fire prevention
& fire safety measures provided in these rules or guidelines shall be
followed. (4)
The minimum fire prevention and fire safety
measures including means of escape to be provided in factories shall be as
prescribed in the Factories Act, 1948 (63 of 1948) and other relevant laws,
rules, instructions etc governing the factories from time to time. (5)
The special precautionary measures including
fire prevention and safety measures, means of escape etc to be provided in the
premises used for manufacture, storage, sale and display of explosives,
fireworks and other inflammable or hazardous materials shall be as prescribed
in the Explosives Act, 1884, the Explosives Substances Act, 1908 and the
Explosives Rules, 2008 and other relevant laws and rules made thereunder from
time to time. (6)
The special precautionary measures including
fire prevention and fire safety measures, the means of escape etc. to be
provided in buildings, premises, vehicles and containers used for
manufacturing, storing, handling, refining, blending, bottling, transporting
etc. of petroleum, Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG)
and other inflammable substances shall be as prescribed in the Explosives Act,
1884, the Petroleum Act, 1934, the Inflammable Substances Act, 1952, the
Petroleum Rules, 2002, the Gas Cylinders Rules, 2004, the Static and Mobile
Pressure Vessels (Unfired) Rules, 1981 and other relevant laws and rules made
thereunder from time to time. (7)
The minimum fire prevention and fire safety
measures including means of escape to be provided in warehouses including cold
storages shall be as prescribed in the Warehousing (Development and Regulation)
Act, 2007 (Act, 37 of 2007) and rules made thereunder. (8)
The minimum fire prevention and fire safety
measures to be provided in classes of buildings, premises and occupancies
mentioned in sub-rule (1) but are not covered by any law or rules made
thereunder, shall be as specified in the National Building Code of India. (9)
The requirement of open spaces or setbacks,
means of access, entrance, exit and staircases for buildings premises and
occupancies shall be as prescribed in the respective regulations or Bye-laws of
the building plan Approving Authority and provisions of National Building Code
of India shall apply to all such matters which are not specifically provided
for in such regulations or bye-laws. (10)
The Director or any authorised member shall
have power to specify the fire prevention and fire safety measures, as deemed
necessary, for the classes of buildings or premises or occupancies for which
fire prevention and fire safety measures are not specified in any law. (11)
Where the Director or any authorised member
is of the opinion that due to any special circumstances additional fire
prevention and fire safety measures over and above those prescribed in any law
or rules made thereunder are necessary for any building or premises or
occupancy, he may, by order, and for reasons to be recorded in writing, require
the owner or occupier thereof to provide such additional measures within a
specified time. (12)
In case of existing buildings constructed or
occupied as per approval prior to commencement of these rules, on receipt of an
application from the owner of the building, without sacrificing reasonable
safety, the Director may grant exemption from the conditions prescribed under
these rules with reasons to be recorded in writing: (1)
The person desirous to erect temporary
structures over an area of 1000 square meter or more or where the congregation
of persons is more than 2000 for the purpose of observance of festivities, for
holding commercial shows, melas, jatras, operas, temporary cinemas etc. or
premises where highly flammable or explosive materials are proposed to be used
shall apply along with the sketch map of proposed site with layout, means of
access, entrance, exit along with fees @ Rs. 2/- per square meter payable to
Director of Fire Service before 7 days of construction for issue of Fire Safety
Recommendation. (2)
On receipt of application under sub-rule (1),
the premises shall be inspected in presence of applicant or his authorized
representative by officers authorized by Director and if the site is found
suitable, the applicant shall be issued with Fire Safety Recommendation as per
IS: 8758-2013 (Clause 1 to 11) read with IS: 1646-1997 as published by the
Bureaus of Indian Standards from time to time. (3)
On receipt of compliance from applicant the
site will again be inspected by the officers authorized by the Director and on
being satisfied about conformity of the structures or pandal as per Fire Safety
Recommendation issued earlier, the authorized member shall issue Fire Safety Certificate
for a specific period in Form-XVII within 3 days of receipt of compliance
report requiring the applicant to rectify the deficiencies, if any, or provide
such additional measures as may be necessary, within a specified time with
intimation to licensing or permitting Authority. (4)
If compliance is not received within the
specified time, the application may be rejected with reasons to be recorded in
writing and in case of rejection the owner may make a fresh application in the
same procedure as in sub-rule (1). (5)
The erector of temporary structure or pandal
shall display the Fire Safety Certificate in prominent places of the temporary
structures or pandal. (6)
It shall be lawful for the Director or
nominated member or any other officer authorized by Government in this behalf
to enter and inspect the structure or pandal with a view to verify the
correctness of fire safety measures undertaken & point out the short
comings, if any and direct to rectify or remove such short comings within
specified time and if the direction of Inspecting Authority is not complied
with within the time so given, the inspecting officer shall seal the structure
or Pandal as per rule-20 with intimation to Licensing Authority to cancel the
permission & initiate prosecution under these rules. (7)
Where any person or organizer of any public
function or private institution, seeks services of Fire Service personnel in
deployment of fire service unit or first-aid fire fighting appliances for fire
protection duties, shall pay necessary fees of Rs. 10,000/- (Rupees ten
thousand) only per day or part thereof and as amended by Director from time to
time with approval of Government out of which one third of the revenue so
collected shall be paid to the welfare fund of Odisha Fire Service and also the
cost of the fuel for the journey and fire fighting, if any, shall be borne by
the party. Subject to deployment made under the discretion of the Director or
any authorised member. (8)
However, the erectors of temporary structures
having an area of less than 1000 square meter or where the congregation is less
than 2000 or where no flammable or explosive materials are proposed to be used
shall be deemed to be self-regulators as per Fire Safety Recommendation for
taking fire prevention and fire safety measures. (9)
The erector of a temporary structure or a
pandal shall display at prominent places in the temporary structure a
declaration in Form-I under his signature to the effect that he has taken all
necessary fire prevention and fire safety measures and shall remain liable if
any loss or damage caused on account of his negligence. (10)
It shall be lawful for an Officer in-charge
not below the rank of Station Officer or an officer senior to him to enter and
inspect the temporary structure with a view to verify the correctness of the
declaration and direct rectification of deficiencies, if any, in fire
prevention and fire safety measures within a specified time and if such
directions are not complied within the time specified, he shall report to the
Sub-divisional Magistrate and local Police for cancellation of permission and
closure of function and initiation of prosecution under these rules. (11)
Any erector of a pandal who falsely declares
that he has complied with the prescribed fire prevention and fire safety
measures in the pandal shall be deemed to have committed an offence punishable
under section 17 of the Act. (1)
All buildings or premises or occupancies as
specified in rule 9 shall, at all times, have a valid Fire Safety Certificate
under rule 13. (2)
No owner, developer, promoter or builder of a
building or premises or part thereof as specified in rule 9, shall sell, lease,
occupy or allow its occupation without first obtaining a Fire Safety
Certificate thereof issued by the Director or an officer authorized by him in
this behalf. (3)
No Authority or Officer empowered to issue
certificate of completion or permission for occupation in respect of classes of
buildings or premises or part thereof as specified in rule 9, shall issue such
Certificate or permission, except on production of Fire Safety Certificate
issued by the Director or an officer authorized by him in this behalf. (4)
No Authority or Officer empowered to issue or
renew a licence for operation of cinema hall and multiplex, clinical establishments,
factory, hotel, warehouse and cold storage or any business, trade or
profession, or any other activity whatsoever in a building or premises or part
thereof as specified in rule 9, unless he is satisfied about the adequacy and
operability of the fire prevention and safety measures therein & possession
of valid Fire Safety Certificate. (1)
Any person desirous to obtain Fire Safety
Recommendation shall apply in plain paper being signed by applicant along with
drawing containing site plan, layout plan, floor plan, elevation plan with such
fees as prescribed in Rule-14(2) in the shape of bank draft or treasury challan
to the Director, Fire Service or authorised member of jurisdiction either by
Registered Post or in person or online for issue of Fire Safety Recommendation. (2)
The Fire Safety Recommendation shall be
issued by the Director or authorised member in Form-II after document
verification and site inspection by a team of officers of Fire Service
appointed by the Director, Fire Service within thirty days of receipt of
application: Provided that when Common Application
Form for the purpose of Building Plan approval as per CAF Rules is mandated by
Planning Authorities in the State, the fire service inspection shall be
conducted within 15 days of the receipt of the Common Application Form and the
Fire Safety Recommendation shall be provided within 3 days after the common
inspection. (3)
If the Director or authorised member is of
the opinion that, the plan and sketch submitted along with the application are
not in accordance with the requirement of the rules, he may direct the
applicant within fifteen days of the date of receipt of application, to furnish
more detailed particulars or any other matter that he may consider necessary in
the interest of the fire safety of the premises. (4)
The Director or authorised member may, after
giving the applicant a reasonable opportunity of being heard, by speaking
order, refuse to issue Fire Safety Recommendation recording the reasons for
such refusal and communicate to the applicant within fifteen days from the date
of receipt of the revised application. (5)
If the application fulfils all requirements
of rules, the Director or authorised member shall approve the plan and issue
Fire Safety Recommendation in Form-II in favour of applicant. (1)
On completion of building or project and its
fire safety installations as recommended under rule 12(5), the owner or
developer or promoter or builder or occupier of premises as specified in rule
9, shall apply in Form-III along with fire safety installation plan and
documents as prescribed in rule 12(1) to the Director or an officer authorized
by him in this behalf through the Licensing Authority along with fees as
prescribed in rule 14(2) for issue of Fire Safety Certificate and such
application may be made either by Registered Post or in person or online. (2)
On receipt of application under sub-rule (1),
the premises shall be inspected in presence of owner or his authorized
representative by a team of officers constituted by the Director to ascertain
the adequacy and operability of the fire prevention and fire safety measures
etc. and report to the Director or authorized member in Form-IV: Provided that when Common Application
Form for the purpose of occupancy of the building as per CAF Rules is mandated
by Planning Authorities in the State, the fire service inspection shall be
conducted within 15 days of the receipt of the Common Application Form and the
Fire Safety Certificate shall be provided within 3 days after the common
inspection. (3)
The Director or an officer authorised by him
in this behalf, on being satisfied about the conformity of the building or
premises or occupancy to the approved building plan etc, the adequacy and
operability of fire prevention and fire safety measures, may issue a Fire
Safety Certificate in Form-V within forty-five days of receipt of his
application and if not satisfied, he may require the owner to rectify the
deficiencies or provide such additional measures as may be necessary within a
specified time. (4)
On receipt of satisfactory compliance, a Fire
Safety Certificate may be issued and if compliance is not received within the
time specified, the application may be rejected for reasons to be recorded in
writing. (5)
In case of rejection of application, the
owner may make a fresh application duly complying with the requirements in the
same procedure as prescribed in sub-rule (1). (6)
In case of existing buildings and premises
belonging to the classes mentioned in rule 9, the procedure for issue of Fire
Safety Certificate shall be the same as prescribed in rules 12 & 13 with
due regard to sub-rules (1), (2) & (3) of rule 13. (1)
The Fire Safety Certificate unless sooner
cancelled is valid from the date of its issue for a period as decided by the
Government from time to time and will be reflected in the Fire Safety
Certificate. (2)
Application for renewal of Fire Safety
Certificate shall be made in Form-VI to the Director or an officer authorized
by him in this behalf, three months before expiry of the Fire Safety
Certificate enclosing a copy thereof along with the fees @ Rs. 1.00 (rupees
one) per square meter built up area in case of residential buildings and Rs.
2.00 (rupees two) per square meter built up area in case of non- residential
buildings. (3)
The procedure of renewal of Fire Safety Certificate
is same as prescribed in rule-13. (1)
The occupier of following classes of premises
or buildings or occupancies shall appoint a Fire Safety Supervisor having the eligibility
as mentioned in sub-rule (2) for assistance in compliance of fire prevention
and fire safety measures and effective operation and maintenance thereof,
namely: (a)
Cinema halls, multiplexes or premises or
buildings with multiple cinema halls having: (i)
three or more screens; or (ii)
individual or combined seating capacity of
one thousand or more persons ; (b)
Clinical establishments with one hundred or
more beds; (c)
Hotels with one hundred or more guest rooms; (d)
Non-residential buildings including business,
commercial or shopping complexes or malls or district centres; (i)
with built-up area of twenty thousand square
meters or more including basements, stilts, mezzanines, underground and covered
parking areas; or (ii)
thirty meters or above height; or (iii)
with ten or more floors including all
basements, underground, stilt and mezzanine floors; (e)
Residential buildings or complexes of
forty-five meters or above height and having four hundred or more apartments or
dwelling units (both the requirements have to be satisfied); and (f)
Such other class of premises or buildings or
occupancies as the Government may specify by notification from time to time. (2)
Only those persons who are imparted
prescribed training by the Director of Fire Service and are below sixty-five
years of age and physically and medically fit shall be eligible to be appointed
as Fire Safety Supervisors: Provided that no person shall be
appointed as Fire Safety Supervisor for more than one building or premises or
occupancies. (3)
The owner or occupier or any lawful authorised
person shall report to the officer-in-charge of the local fire station
concerned complete details of the Fire Safety Supervisor at the time of his
appointment. (4)
If any owner or occupier or any lawful
authorised person of premises or buildings under sub-rule (1) fails to appoint
Fire Safety Supervisor within one year from the date of commencement of these
rules, or one year from the date of notification under clause (f) of sub-rule
(1), as the case may be and to report details thereof to the officer in-charge
of the local Fire Station concerned, from time to time, each one of them shall,
without prejudice to action under any law for the time being in force, be
jointly and severally liable to be punished under the Act, and the Fire Safety
Certificate of the said building or premises or occupancies may be cancelled. (5)
Appointment of Fire Safety Supervisor shall
not, in any way, absolve or mitigate the occupier or owner or any lawful
authorised person of his responsibility for maintaining the fire prevention and
fire safety measures in good repair and working condition at all times as
required under rule 16. (1)
The owner of premises as specified under rule
9 shall provide fire prevention and fire safety measures and appliances in
accordance with these rules: Provided that, in case of such
buildings or premises or part thereof the construction of which was completed
before the date of commencement of these rules or which was under construction
on such date, the owner shall provide fire prevention and fire safety measures
within a period of one year thereof, in accordance with these rules. (2)
The occupier of building or premises as
specified under rule 9 shall provide fire prevention and fire safety measures
and maintain appliances in good repair and working condition at all times. (3)
No person, including the owner and the
occupier, shall make any permanent or temporary structure or projection within
the set-backs, escape ways or driveways or tamper with, alter, remove or cause
any obstruction or injury or damage to any fire prevention and fire safety
systems installed in any such premises or instigate any person to do so. Photo copies of the Fire Safety
Certificate issued under rule 13 shall be framed and displayed at all
conspicuous places including in all corridors and lobbies in all floors of all
towers or blocks of the premises for information of general public. (1)
The Director or an authorised member by
general or special order, may, after giving at least three days notice in
Form-VII to the owner or the occupier or the lawful authorised person of the
premises, by serving it through post or email or such other means as may be
feasible or by affixing a copy thereof on the premises, enter and inspect such
premises with a view to verify the correctness of the information furnished as
required under sub-section (1) of Section 11 of the Act and to ascertain the
adequacy and operability of fire prevention and fire safety measures or
violation of any provision of the Act or these rules and direct the owner or
occupier to rectify the deficiencies, if any, within such period as may be
specified in the order. (2)
The inspecting officers shall be provided
with all possible assistance and cooperation by the owner or occupier or any
lawful authorised person of such premises for carrying out inspection under
sub-rule (1). (3)
If the directions of the inspecting officer
under sub-rule (1) are not complied with within the specified time, the Fire
Safety Certificate of the said premises may be cancelled by the Issuing
Authority with due intimation to concerned regulatory or Licensing Authority. (4)
The owner or the occupier or any lawful
authorised person who gives inaccurate information under sub-section (1) of
Section 11 of the Act shall, without prejudice to action under any law for the
time being in force, be jointly and severally liable to be punished under the
Act and the Fire Safety Certificate of the said building or premises may be
cancelled by the Issuing Authority. (5)
Where the inspection is carried out by an
authorised member under sub-rule (1), he shall submit a report of such
inspection to the Director. (1)
The Director or the authorized member may
cancel the Fire Safety Certificate, after giving the owner or the occupier or
any lawful authorized person as the case may be, an opportunity to show cause
within fifteen days of service of the notice for, (a)
violation of any of the provisions of the Act
or these rules or any of the conditions prescribed in the Fire Safety
Certificate; or (b)
non-compliance or incomplete compliance of
directions issued under the Act or these rules; or (c)
preventing inspection under Sub-rule (1) of
Rule 18 either by obstruction or non-cooperation etc: Provided that a Fire Safety
Certificate cannot be cancelled by an officer lower in rank to the one who had
issued or renewed the same. (2)
After cancellation of the Fire Safety
Certificate of a building or premises, the Director or an authorised member
shall report to, (a)
the Licensing Authority concerned to cancel
the licence for operation of cinema hall and multiplex, clinical
establishments, factory, hotel, warehouse and cold storage or any business,
trade or profession or any other activity whatsoever for which a licence is
required. (b)
the Sub-divisional Magistrate or the District
Magistrate concerned for taking action under section 133 of the Code of
Criminal Procedure, 1973 (2 of 1974) and other relevant laws or ; (c)
the Commissioner, Municipal Corporation if
the said building or premises is situated within the limits of a Municipal
Corporation, for taking action under sections 459 and 464 of the Odisha
Municipal Corporation Act, 2003 (Odisha Act, 11 of 2003) as amended from time
to time. (3)
The authorities responsible for supply of
water and electricity shall disconnect the supply with immediate effect on
getting information from Director or Officer authorised by him. (4)
If the Licensing Authority does not act as
per the report, the Director or the authorised member may take steps for
sealing and may start prosecution after recording the reasons thereof. (1)
Where it appears to the Director or the
authorised member that the condition of any building or premises is dangerous
to life or property and it is likely to cause risk of fire he or the authorised
member shall, without prejudice to any action taken, may by order, require the
owner or occupier of such premises to remove themselves from such premises
forthwith. (2)
If the direction made by the Director or the
authorised member under sub-rule (1) is not complied with, the Inspector
in-charge of the Police Station having jurisdiction in the area shall provide
necessary assistance to remove such persons from the premises and facilitate
the process of sealing. (3)
After removal of the persons, the Director or
authorised member shall seal the premises in the manner in which he deems fit
with the help of the Magistrate and inform the local Police. (4)
The seal used for sealing the premises shall
remain in custody of the Director or any authorised member. (5)
No person shall remove such seal except under
the order made by the Director or the authorised member. (6)
If the premises, required to be sealed on
receipt of the report from the authorised member, is found to be locked or
inaccessible, he may break open the lock, enter the premises and after taking
all necessary steps to be taken under the Act, relock and seal the premises: Provided that, if any premises is
forced open under this rule, an inventory of the material found in the premises
shall be prepared in the presence of the Magistrate or two respectable
independent witnesses and a copy thereof shall be delivered to the owner or
occupier. (7)
Prior to sealing, a notice in Form-VIII shall
be served on the owner or occupier of the premises indicating the reasons of
sealing and in emergency cases such notice may be dispensed with. (8)
The Inspector in-charge of the concerned
Police Station or the Magistrate having jurisdiction in the area in which the
premises are situated shall provide all assistance to the Director or
authorised member during sealing process. (9)
If the seal fixed under the rules on any
premises is found to be broken or tampered with, the Inspector In-charge of the
Police Station having the jurisdiction in the area shall be informed. (10)
It shall be the duty of the Police Officers
of all ranks to aid the members of Fire Service in execution of their duties
under this rule. (1)
The officer not below the rank of Station
Officer who issues Fire Safety Certificate within his jurisdiction shall submit
a report in the prescribed Form-IX to his immediate superior for initiating
prosecution against the offender and send a copy of the same to the Court of
competent jurisdiction. (2)
The Investigating Officer shall maintain the
case diary in Form-X and after completion of investigation, he will lodge
complaint or final report in Form-XI against the offenders/defaulters before
the Court of competent jurisdiction under section 10(1), 16,17,18,19 and 20 of
the Odisha Fire Service Act, 1993. (3)
During investigation, the Investigating
Officer will check, examine, test weigh, record and seize the properties which
he has reasons to believe to be fire prone or endangering the safety of lives
and properties and while making such seizure, he shall make a panchanama as
prescribed in Form-XII and Seizure Memorandum in Form-XIII and shall submit
complaint or final report within 60 (sixty) days from the date of filing of the
case. (4)
The Investigating Officer shall also submit a
copy of final form or complaint case to the Court of competent jurisdiction. (5)
The Investigating Officer may, if felt
necessary, seek the assistance of the Police who will aid in execution of the
investigation made by the authorised member of the Fire Service. (6)
All cases registered shall be recorded in a
case register. (7)
The Director or authorised member shall serve
a notice in Form-XIV on the occupier or owner or any lawful authorised person
of the premises who is bound to obtain a Fire Safety Certificate under the
provisions of the Act, but has failed to obtain the same or fails to comply
with any of the conditions specified in the license, requiring him to obtain
Fire Safety Certificate or comply with any of the conditions specified in the
Fire Safety Certificate, as the case may be. (8)
If the owner or occupier of the premises does
not comply with the notice, the Director or any authorised member shall serve a
show cause notice in Form-XV and if the owner or occupier or any lawful
authorised person further fails to comply with the notice, the Director or any
authorised member shall initiate prosecution punishable under section 17 of the
Odisha Fire Service Act, 1993. (1)
Subject to the provisions of the Act and
these rules, the Director may, from time to time, issue circulars and orders
for effective implementation of the fire prevention and fire safety measures in
various classes of buildings or premises and matters connected therewith or
incidental thereto. (2)
The Director or the State Government may, at
any time, call for an examination of the record of any action taken by any
officer under the Act or these rules, for the purpose of satisfying themselves
as to the legality or propriety of such action and pass such order as they may deem
fit. (3)
Before passing an order, reasonable
opportunity to show cause shall be given to the person likely to be affected by
such order. (4)
If any question arises as to the
interpretation of these rules, the decision of the State Government thereon
shall be final.ODISHA
FIRE PREVENTION AND FIRE SAFETY RULES, 2017
PREAMBLE