[24 Of 2023] [11th May 2023] An
Act further to amend the Maharashtra Fire Prevention and Life Safety Measures
Act, 2006. WHEREAS,
it is expedient further to amend the Maharashtra Fire Prevention and Life
Safety Measures Act, 2006, for the purposes hereinafter appearing; it is hereby
enacted in the Seventy-fourth Year of the Republic of India as follows :- (1)
This
Act may be called the Maharashtra Fire Prevention and Life Safety Measures
(Amendment) Act, 2023. (2)
It
shall come into force on such date as the State Government may, by notification
in the Official Gazette, appoint. (1)
in
clause (1), for the Explanation, the following Explanation shall be substituted,
namely:- "
Explanation.- For the purposes of this Act, the expression " building
" shall also include the temporary structure such as tents, shamiyanas and
the tarpaulin shelters erected for temporary and ceremonial occasions ;"; (2)
in
clause (4), for the words " Fire Services " the words "Fire and
Emergency Services" shall be substituted; (3)
after
clause (4), the following clause shall be inserted, namely :- "(4A) " Fire and Emergency
Services " means services required to be rendered by any local authority
or planning authority or any other such authority notified by the State
Government, in case of manmade or natural disaster or any eventuality, where
the life or property is at risk;" ; (4)
in
clause (5), for the words and figures "National Building Code of India,
2005 " the words "National Building Code of India" shall be
substituted ; (5)
for
clause (6), the following clause shall be substituted, namely :- "(6) "Licensed
Agency" means a person or an association of persons licensed by the
Director for undertaking or executing fire prevention and life safety measures
or performing such other related activities required to be carried out under
this Act;"; (6)
in
clause (8), for the words and figures "National Building Code of India,
2005" the words "National Building Code of India" shall be
substituted; (7)
in
clause (9), for the words " and includes an officer nominated by a local
authority or a planning authority" the words " or by a local
authority or a planning authority " shall be substituted ; (8)
for
clause (14), the following clause shall be substituted, namely :- " (14) " relevant
municipal law " means,- (a)
the
Mumbai Municipal Corporation Act ; (b)
the
Maharashtra Municipal Corporations Act ; (c)
the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act,
1965 ;". (1)
in
sub-section (1),- (a)
for
the portion beginning with the words "Without prejudice to the
provisions" and ending with the words " provisions of this Act or the
rules ", the following shall be substituted, namely :- "
Without prejudice to the provisions of any law for the time being in force or
the rules, regulations or bye-laws made thereunder or the National Building
Code of India, relating to fire prevention and life safety measures, the owner,
or where the owner is not traceable, the occupier of any building as classified
in Schedule-I or part of any such building, shall obtain necessary Provisional
Fire Safety Approval or Final Fire Safety Approval or Renewal of Fire Safety
Approval, as the case may be, from the Chief Fire Officer of the concerned
local authority or planning authority; and where there is no Chief Fire Officer
in such area or in the area outside the limits of the local authority or
planning authority, from the Director. The owner or occupier shall provide fire
prevention and life safety measures as recommended in the respective Fire
Safety Approval, which shall not be less than the minimum requirements of fire
safety installations prescribed in Part 4 of the National Building Code of
India or any relevant Part thereof and as specified against such building in Schedule-I
as applicable from time to time and shall maintain the fire prevention and life
safety measures in good repair and efficient condition at all times, in
accordance with the provisions of this Act and the rules made
thereunder:"; (b)
after
the proviso, for the Explanation, the following Explanation shall be
substituted, namely :- "Explanation.-For
the purposes of this sub-section,- (a)
"Provisional
Fire Safety Approval" means the recommendation given by the Director or
Chief Fire Officer of the concerned local authority or planning authority as
per the fire prevention and life safety measures as provided by or under this
Act and the rules made thereunder at the time of building plan approval and
before the construction thereof; (b)
"Final
Fire Safety Approval" means the certificate issued by the Director or
Chief Fire Officer of the concerned local authority or planning authority after
ascertaining that the fire prevention and life safety measures are in
accordance with Provisional Fire Safety Approval before granting building
completion certificate or occupancy certificate by the appropriate authority; (c)
"Renewal
of Fire Safety Approval" means the renewal of a certificate issued by the
Director or Chief Fire Officer of the concerned local authority or planning
authority : Provided
that, renewal certificate shall be issued by the said authority, if required or
mandatory as per the relevant Acts, Rules, etc."; (2)
after
sub-section (1A), the following sub-sections shall be inserted, namely :- "(1B) Notwithstanding anything
contained in sub-section (1) or any other provisions of this Act or any other
law for the time being in force,- (a)
buildings
above 30 meters in height but not exceeding 45 meters in height may be
permitted in the areas of Municipal Corporation and Special Planning Authority,
in case of occupancies specified as (B) in Schedule-I, that is to say
Educational Buildings, if such building fulfils the minimum requirements of
fire prevention and life safety measures as recommended in the respective Fire
Safety Approval and which shall not be less than the minimum requirements for
fire fighting installations specified in the Schedule-I; (b)
in
areas outside the limits of the Municipal Corporation and Special Planning
Authority, the State Government may permit the authority empowered to sanction
the construction plan on its request, to issue such certificate, in respect of
buildings exceeding 30 meters in height in case of occupancies specified as (B)
in Schedule-I, that is to say Educational Buildings, if such buildings fulfils
the minimum requirements of fire prevention and life safety measures as
recommended in the respective Fire Safety Approval and which shall not be less
than the minimum requirements for fire fighting installations specified in
Schedule-I; (1C) Notwithstanding anything contained in sub-section (1) or any other
provisions of this Act or any other law for the time being in force, building
above 15 meters in height but not exceeding 24 meters in height, Multi-Level
Car Parking (MLCP) upto 45 meters, Mechanised Automated Car Parking attached to
minimum one side of the building or stand alone structure upto 100 meters, or
any such other structure used for utility purpose such as storage of Diesel
Generators (DG) Sets, may be permitted, in case of occupancies specified as (H)
in Schedule-I, that is to say storage buildings, if such buildings fulfils the
minimum requirements of fire prevention and life safety measures as recommended
in the respective Fire Safety Approval and which shall not be less than minimum
requirements of fire fighting installations specified in Schedule-I."; (3)
after
sub-section (3), the following sub-section shall be inserted, namely :- "(3A) For the building as
specified under section 45, the owner, or where the owner is not traceable, the
occupier of a building, shall ensure that the fire fighting systems as
recommended in the relevant Fire Safety Approval, is provided with automated
continuous monitoring system as may be prescribed for ensuring that the fire
fighting systems are in good repair and efficient working condition and these
shall be certified by the Licensed Agency in the prescribed form and the manner
and shall submit the same to the concerned authority in the manner as may be
prescribed.". (1)
for
the words "Chief Fire Officer", wherever they occur, the word
"Director" shall be substituted ; (2)
in
sub-section (2), for the words "a court-fee stamp of five rupees" the
words "such court-fee stamp as may be prescribed" shall be
substituted ; (3)
in
sub-section (3), for the words "one year" the words "two
years" shall be substituted ; (4)
sub-section
(5) shall be deleted. (1)
for
sub-sections (1) and (2), the following sub-sections shall be substituted,
namely :- "(1) With effect from the date of commencement of the Maharashtra Fire
Prevention and Life Safety Measures (Amendment) Act, 2023, and subject to the
provisions of this Act, there shall be levied a Fire and Emergency Service Fee,
for the purposes of this Act on all owners or occupiers, as the case may be, of
buildings as classified in Schedule-II (hereinafter, in this Chapter, referred
to as "the said Schedule"), within the areas of a local authority or
a planning authority (hereinafter, save as otherwise mentioned, throughout in
this Act, collectively referred to as "the Authority"), or other
areas, to which this Act applies. (2) The
rate of such fee, in respect of each type of building situated within the area
of any of the Authority and the areas to which this Act applies, shall be such
as specified in Schedule-II." ; (2)
in
sub-section (3),- (a)
for
the words "The Authority may" the words "The Authority, and in
the areas outside the limits of the Authorities to which this Act applies, the
Director may," shall be substituted ; (b)
in
the proviso,- (i)
for
the words "the Authority may," the words "the Authority, and in
the areas outside the limits of the Authorities to which this Act applies, the
Director may," shall be substituted ; (ii)
for
the words "the minimum rate specified in the said Schedule" the words
"the rate specified in the said Schedule" shall be substituted ; (3)
in
sub-section (4),- (a)
after
the words "the Authority" the words "or the Director" shall
be inserted ; (b)
for
the words "Fire Services" the words "Fire and Emergency
Services" shall be substituted. (1)
after
sub-section (1), the following sub-section shall be inserted, namely :- "(1A) The Director, on receipt
of an application or suo moto, before enhancing or reducing the enhanced rate
and levying the fee at such rate, shall obtain the previous sanction of the
State Government to the proposal." ; (2)
in
sub-section (2), after the words "the Authority" the words "or
the Director" shall be inserted ; (3)
in
sub-section (3), in clause (a), after the words "The Authority" the
words "or the Director" shall be inserted ; (4)
in
the marginal note, after the word "Authority" the words "or
Director" shall be inserted. (1)
in
sub-section (1), for the portion beginning with the words " the minimum
fees specified" and ending with the words "Parts of the said
Schedule" the words and letters "the fees specified against each type
of building in the said Schedule" shall be substituted ; (2)
in
sub-section (2), for the words "The Authority may" the words
"The Authority, and in the areas outside the limits of the Authorities to
which this Act applies, the Director may" shall be substituted. (1)
in
sub-section (1), for the words " the Authority", at both the places
where they occur, the words "the Authority, and in the areas outside the
limits of the Authorities to which this Act applies, the Director," shall
be substituted; (2)
in
sub-section (2), for the words "the Authority", wherever they occur ,
the words "the Authority, and in the areas outside the limits of the
Authorities to which this Act applies, the Director" shall be substituted; (3)
in
sub-section (4), for the words "the Authority", wherever they occur,
the words "the Authority, and in the areas outside the limits of the
Authorities to which this Act applies, the Director," shall be
substituted; (4)
in
sub-section (6), for the words "the Authority", at both the places
where they occur, the words "the Authority, and in the areas outside the
limits of the Authorities to which this Act applies, the Director," shall
be substituted; (5)
in
sub-section (7), in clause (b), for the words "the Authority" the
words "the Authority, and in the areas outside the limits of the
Authorities to which this Act applies, the Director," shall be
substituted. (1)
for
sub-section (1), the following sub-section shall be substituted, namely :- "(1) Where it appears to the State Government that the balance of the
Fire Protection Fund of any Authority or Director is insufficient for meeting
any expenditure required to be incurred for purchasing and maintaining fire fighting
equipments and property and for maintenance thereof or for creating posts of
officers, staff and servants for meeting the requirements to provide Fire and
Emergency Services or generally, for performance of fire fighting operations;
or that such balance is more than the requirements for the purposes aforesaid,
the State Government may, by notification in the Official Gazette, require the
Authority or Director to enhance the rate of fee or reduce the enhanced fee, if
any, at such rate as may be specified in the said notification."; (2)
in
the marginal note, after the word "Authority", the words "or
Director" shall be inserted. (1)
in
sub-section (1), for the words "Director of Fire Services" the words
"Director of Fire and Emergency Services" shall be substituted; (2)
in
sub-section (2), for the words "fire services" the words "Fire
and Emergency Services" shall be substituted. (1)
the
words, brackets and figure "sub-section (3) of" shall be deleted; (2)
for
the words "fire services" wherever they occur, the words "Fire
and Emergency Services" shall be substituted. (1)
in
sub-section (1), for the words "fire services" the words "Fire
and Emergency Services" shall be substituted; (2)
in
the marginal note, for the words "fire services" the words "Fire
and Emergency Services" shall be substituted. (1)
for
the words "Fire Service", "fire service", "fire
services" or "fire service or services", wherever they occur,
the words "Fire and Emergency Services" shall be substituted; (2)
in
the marginal note, for the words "Maharashtra Fire Services" the
words "Maharashtra Fire and Emergency Services" shall be substituted. (1)
in
sub-section (1),- (a)
for
the words "of fire" the words "of fire or any emergency
situation" shall be substituted; (b)
in
clause (a), for the words "for extinguishing the fire or for saving life
or property" the words "for extinguishing the fire or responding to
any emergency situation for saving life or property" shall be substituted; (c)
in
clause (b), after the words "fire is burning" the words "or any
emergency situation has arisen" shall be inserted; (d)
in
clause (c), after the words "extinguishing fire" the words "or
dealing with any emergency situation" shall be inserted; (e)
in
clause (e), after the words "fire-fighting" the words "or
handling of any emergency situation" shall be inserted; (f)
in
clause (f), for the words "extinguishing the fire or the protection of
life or property" the words "extinguishing the fire or dealing with
any emergency situation for the protection of life or property" shall be
substituted ; (2)
for
sub-section (2), the following sub-section shall be substituted, namely :- "(2) Any damage done to any premises or property, on the occasion of fire
or any emergency situation, by members of the Fire and Emergency Services in
the due discharge of their duties shall be deemed to be damage by fire or any
emergency situation within the meaning of any policy of insurance against fire
or insurance for any emergency situation."; (3)
after
sub-section (2), the following Explanation shall be added, namely :- "Explanation.-
For the purpose of this section, the expression "emergency situation"
means any manmade or natural disaster or any eventuality where the life or
property is at risk." ; (4)
in
the marginal note, after the word fire the words or any emergency situation
shall be added. (1)
after
the words "fire-fighting purposes" the words "or dealing with
any emergency situation" shall be inserted; (2)
for
the word "fires" the words "fires or any emergency
situation" shall be substituted. (1)
before
clause (a), the following clause shall be inserted, namely :- "(1-a) Fire Safety Approval
issued under sub-section (1) of section 3, or"; (2)
after
clause (b), the following clause shall be inserted, namely :- "(bb) order under sub-section
(3) or (4) of section 9, or"; (3)
after
clause (c), the following clause shall be inserted, namely :- "(d) order under sub-section
(5) or (6) of section 45A;". (1)
for
sub-clause (i), the following sub-clause shall be substituted, namely :- "(i) under clause (1-a), (a), (b), (bb) or (d) of sub-section (1) of
section 32 is brought within thirty days from the date of issue of Fire Safety
Approval or from the date of service of notice or the date on which the refusal
is communicated to the appellant or from the date of issue of order ;"; (2)
in
the proviso, for the words "fifteen days" the words "thirty
days" shall be substituted. "(b) Building used as,- (1)
residential
building with height more than 70 meters; (2)
large
oil and natural gas installation such as refineries, LPG bottling plant and
other similar facilities; (3)
industrial
building with moderate hazardous activities in nature having built up area
30,000 square meters or more and industrial building with high hazardous
activities in nature having built up area of 10,000 square meters or
more.". "45A. Fire and Life Safety
Audit of certain buildings. (1)
(a)
Fire and Life Safety Audit shall be carried out by the owner, or where the
owner is not traceable, the occupier of a building, for all the occupancies
mentioned in sub-section (1) of section 45 by licensed Fire and Life Safety
Auditor and such Fire and Life Safety Audit shall be carried out within a
period of one year from the date of commencement of Maharashtra Fire Prevention
and Life Safety Measures (Amendment) Act, 2023 and thereafter, once in every
two years. (b)
The owner or occupier, as the case may be, shall furnish to the Director or
Chief Fire Officer or the nominated officer, a certificate in the prescribed
form issued by a licensed Fire and Life Safety Auditor regarding the evaluation
of the fire prevention and life safety measures in his such building or part
thereof, as required by or under the provisions of this Act or rules made
thereunder. Explanation.-For
the purposes of the Act, the expression "Fire and Life Safety Audit"
means the evaluation of fire prevention and life safety measures required as
per prevalent Acts or rules or National Building Code of India in force. (2)
The
Director may grant any person or association of persons as he thinks fit, a
licence to act as a Fire and Life Safety Auditor for the purposes of this Act
possessing such qualifications and experience as may be prescribed. (3)
The
duties and responsibilities of such auditor shall be such as may be prescribed. (4)
Any
person intending to have or renew such licence shall apply to the Director in
the prescribed form and in the prescribed manner. Such application shall bear
such court-fee stamp as may be prescribed and shall be accompanied by the
prescribed fee. (5)
On
receipt of such application, the Director may, after holding such inquiry as he
deems fit, either grant the licence in the prescribed form for a period of two
years or renew the same for a like period or, for reasons to be recorded in
writing, by order refuse to grant or renew the licence. (6)
Where
the Director has reason to believe that any person to whom a licence has been
granted has contravened any provisions of this Act or of the rules made
thereunder or failed to comply with the conditions of the licence or is unfit
by reason of incompetency, misconduct or any other grave reason, the Director
may, after giving reasonable opportunity to show cause, for reasons to be
recorded in writing, by order suspend or cancel the licence. (7)
No
person other than a licensed Fire and Life Safety Auditor shall carry out the
work of fire audit or perform such other related activities required to be
carried out in any place or building or part thereof. (8)
No
Fire and Life Safety Auditor or any other person claiming to be such Fire and
Life Safety Auditor shall give a certificate under subsection (1) regarding the
evaluation of the fire prevention and life safety measures are in good and
efficient condition, without there being actual such fire prevention and life
safety measures.". "48A. Power to amend Schedule-I (1)
Where
the State Government is satisfied that it is necessary or expedient to do so,
for the purposes of implementation of any Part of the National Building Code of
India relating to protection of life and property, it may, by notification in
the Official Gazette, amend Schedule-I and thereupon, the said Schedule shall
be deemed to have been amended accordingly. (2)
Every
notification issued under sub-section (1) shall be laid before each House of
State Legislature.". SCHEDULE 1 (See section 3 (1)) Minimum Requirement for Fire
Fighting Installation Sr. No. Type of Buil ding Occu pancy Type of Instal lation Water Sup ply (in 1) Pump Capa city (in 1/min) Fire Exti ngui sher First Aid Hose Reel Wet Riser Down Cor ner Yard Hyd rant Auto matic Spri nkler Sys tem Man ually Ope rated Elec tronic Fire Alarm
Sys tems (Note 1) Auto matic Dete ction and Alarm Sys tem
(Note 2) Under -gro und Static Water Sto rage Tank
Capa city for one set of pu mps Ter race Tank (No te 9) Fire Pu mp Near Under ground Sta tic Water
Stor age Tank Pump at the Terrace Tank Level (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) RESIDENTIAL
BUILDINGS (A) (a) Lod ging and
Roo ming Houses (A-1) and One or two Fam ily Private Dwelli ngs (A-2) (see
Note 3(d)) (1) Less than 15m
in height R NR NR NR NR R (Note 4) NR NR NR 5000 (Note 5) NR NR (2) 15 m and
above but not excee ding 35 m in height R R NR R NR R (Note 4) R NR NR 25,000 NR 900 (3) Above 35m but
not excee ding 45m in height R R R NR NR R (Note 4, Note 15(a)) R NR 75,000 5,000 (Note 10) NR (b) Dormi tories
(A-3) Apart ment Houses (A-4) (Notes 8 and 22) (1) Less than 15m
in height R R NR NR NR R (Note 4) NR NR NR 5000 (5000) (Note 6) NR 450 (450) (Note 6) (2) 15m and above
but not exce eding 35m in height R R NR R NR R (Note 4) R NR NR 25000 NR 900 (3) Above 35m but
not excee ding 45m in height R R R NR NR R (Note 4, Note 15(a)) R NR 75000 5000 (Note 10) NR (4) Above 45m in
height but not exce eding 60m in hei ght R R R NR R R (Notes 15(a) and 15(b)) R NR 150000 10000 (Note 11) NR (5) Above 60m in
height R R R NR R R (Note 15(b)) R R 200000 10000 (Notes 12 and 13) NR (c) Hotels (A-5)
(Notes 8 and 22) (1) Less than 15m
in height (i) Floor
area not exce eding 500 m2 on any of the floor R R NR NR NR R (Note 4) R NR NR 5000 (5000) (Note 6) NR 450 (450) (Note 6) (ii) Floor
area excee ding 500 m2 but not more 1000m2 on any of the floor R R NR R NR R (Note 4) R R NR 20000 (5000) (Notes 6 and 7) NR 450 (450) (Note 6) (iii) Floor
area excee ding 1000 m2 on any of the floor R R R NR R R (Notes 15 (a) and 15(b)) R R 100000 10000 (Note 4) (Note 10) NR (2) 15m and above
but not excee ding 30m R R R NR R R (Notes 15(a) and 15(b)) R R 150000 20000 (Note 10) NR (3) Above 30m in
height R R R NR R R (Notes 15(a) and 15(b)) R R 200000 20000 (Notes 11 and 13) NR (d) Hotels (A-6) R R R NR R R (Notes 15(a) and 15(b)) R R 250000 20000 (Notes 12 and 13) NR EDUCATIONAL
BUILDINGS (B) (see Note 3(d) and 3(f)) (1) Less than 15m
in height R R NR R NR R (Note 4) NR NR NR 10000 (5000) (Notes 6 and 7) NR 450 (450) (Note 6) (2) 15m and above
but not excee ding 24m in height R R NR R NR R (Note 4) R NR NR 25000 NR 900 (3) Above 24m but
not excee ding 30m in height R R R NR NR R (Note 4) R NR 50000 (5000) (Note 6) (Note 14) NR (4) Above 30m but
not excee ding 45m in height (see note 3(f)) R R R NR NR R R R 75000 (10000) (Note 6) (Note 11) 450 INSTITUTIONAL
BUILDINGS (C) (Notes 8 and 22) (a) Hosp itals,
Sana toria and Nursing Homes (C-1) (see note 3 (e)) (1) Less than 15m
in height with plot area up to 1000 m2 (i) Upto
ground plus one storey, with no beds R R NR NR NR R (Note 4) R NR NR 2500 (2500) (Note 6) NR (450) (Note 6) (ii) Upto
ground plus one storey with beds R R NR NR NR R (Note 4) R NR NR 5000 (5000) (Note 6) NR 450 (450) (Note 6) (iii) Ground
plus two or more storeys, with no beds R R NR R NR R (Note 4) R R NR 10000 (5000) (Note 6) NR 900 (450) (Note 6) (iv) Ground
plus two or more storeys, with beds R R R NR NR R (Notes 15(a) and 15(b) R R 50000 10000 (Note 10) NR (2) Less than 15m
in height with plot area more than 1000 m2 R R R NR R R (Notes 15(a) and 15(b) R R 100000 10000 (Note 10) NR (3) 15m and above
but not excee ding 30m in height R R R NR R R (Notes 15(a) and 15(b) R R 150000 20000 (Note 10) NR (4) Above 30m and
not excee ding 45m in height R R R NR R R (Notes 15(a) and 15(b) R R 200000 200000 (Note 11) NR (5) Above 45m in
height (see note 3 (e) R R R NR R R (Notes 15(a) and 15(b) R R 20000 + 5000 per 5m abo ve 45m 20000 + 5000 per 5m abo ve 45m (Notes 12 and 13) NR (b) Custodial
(C-2), and Penal and Mental (C-3) (see note 3b) (1) Less than 10m
in height (i) Up to 300
persons R R NR NR NR R(Note 4) R NR NR 10000 (5000) (Note 6) NR 450 (450) (Note 6) (ii) More
than 300 persons R R NR R NR R (Note 4) R NR NR 15000 (5000) (Note 6) NR 900 (450) (Note 6) (2) 10m and above
but not exce eding 15m in height R R R NR R R (Note 4) R R 100000 5000 (5000) (Note 6) (Note 10) NR (3) 15m and above
but not excee ding 24m in height R R R NR R R (Notes 15(a) and 15(b) R R 150000 10000 (Note 10) NR (4) 24m and above
but not excee ding 30m in height R R R NR R R (Notes 15(a)and 15(b) R R 200000 20000 (Note 11) NR ASSEMBLY
BUILDINGS (D) ((Notes 35,8 and 22) (a) Buil dings
(D-1 TO D-5) (1) Less than 10m
in height (i) Upto 300
persons R R NR R NR R (Note 4) R NR NR 20000 (5000) (Note 6) NR 450 (450) (Note 6) (ii) More
than 300 persons R R NR R NR R (Note 4) R NR NR 25000 (5000) (Note 6) NR 900 (2) Above 10m but
not excee ding 15m in height R R R NR R R (Notes 15(a) and 15(b)) R R 100000 5000 (5000) (Note 6) (Note 10) NR (3) Above 15m but
not excee ding 24m in height R R R NR R R (Notes 15(a) and 15(b)) R R 150000 10000 (Note 10) NR (4) Above 24m but
not excee ding 30m in height R R R NR R R (Notes 15(a) and 15(b)) R R 200000 20000 (Note 11) NR (b) Buildings D-6 R R R NR R R (Notes 15(a) and 15(b)) R R 200000 20000 (Note 12) NR (c) Buildings D-7 Ref: D-7 of
Table 7 of Part 4 of National Building Code of India BUSINESS
BUILDINGS (E) (Notes 8 and 22) (1) Less than 10
m in height R R NR R NR R (Note 4) R NR NR 10000 (5000) (Note 6) NR 450 (450) (Note 6) (2) Above 10 m
but not excee ding 15m in height R R R NR NR R (Note 4) R R 50000 5000 (5000) (Note 6) (see Note 14) NR (3) Above 15m and
up to 24m in height R R R NR R R (Notes 15(a) and 15(b)) R R 100000 10000 (Note 10) NR (4) Above 24m and
up to 30m in height R R R NR R R (Notes 15(a) and 15(b)) R R 150000 20000 (Note 11) NR (5) Above 30 m in
height R R R NR R R (Notes 15(a) and 15(b)) R R 200000 20000 (Notes 12 and 13) NR MERCANTILE
BUILDINGS (F) (Notes 3(b),8 and 22) (a) F-1 and F-2 (1) Less than 15m
in height (i) Ground
plus one storey, with total of all floor area not excee ding 500 m2 R R NR NR NR R(Note 4) NR NR NR 5000 (5000) (Note 6) NR 450 (ii) Ground
plus one storey and total of all floor area excee ding 500 m2 R R NR R NR R (Note 4) R NR NR 20000 (5000) (Note 6) NR 900 (iii) More
than ground plus one storey R R NR R NR R (Note 4) R NR NR 25000 (5000) (Note 6) NR 900 (2) Above 15m but
not excee ding 24 min height R R R NR NR R (Notes 15(a) and 15(b) R R 100000 10000 (Note 10) NR (3) Above 24m but
not exce eding 30 min height R R R NR R R (Notes 15(a) and 15(b) R R 200000 20000 (Note 11) NR (b) Under ground
shop ping complex (F-3) R R R NR R R (Notes 15(a) and 15(b)) R R 150000 10000 (Note 11) NR INDUSTRIAL
BUILDINGS (G) (Notes 8 and 22) (a) Low Hazard
(G-1) (Notes 3(c), 16(a) and 16(b)) (i) Aggre
gate floor area of the largest buil ding within the plot upto 500M2 R NR NR NR NR NR NR NR NR 10000 NR NR (ii) Aggr
egate floor area of the largest buil ding excee ding 500M2 but within 2000M2 R R NR NR R NR NR NR NR 25000 (Note 17) NR (iii) Aggre
gate floor area of the largest buil ding within the plot excee ding 2000M2
but within 5000M2 R R R NR R NR R NR NR 50000 (Note 17) NR (iv) Aggre
gate floor area of the largest buil ding within the plot exce eds 5000M2 R R (Notes 18, 19, 21(a) and 21 (b)) (b) Mode rate
Hazard (G-2) (No tes 3(c), 16(a) and 16(b)) (i) Aggre
gate floor area of the largest buil ding within the plot upto 1000M2 R R NR NR R NR NR NR NR 50000 (Note 14) NR (ii) Aggre
gate floor area of the largest buil ding within the plot excee ding 1000M2
but within 2000M2 R R R NR R NR R NR NR 75000 (Note 14) NR (iii) Aggre
gate floor area of the largest buil ding within the plot excee ding 2000M2 R R (Notes 18,19, 21a and 21b) (c) High Hazard
(G-3) (No tes 3(a) and 16(c)) R R (Notes 18, 19, 21a and 21b) STORAGE
BUILDINGS (H) (see note 3c, 3d, 3g and 3h) (1) Below 15
meter in height and covered area less than 1000 m2 R R R NR NR R (Note 4) NR NR 50000 NR (Note 14) NR (2) Below 15
meter in height and covered area more than 1000 m2 I. Ground
floor only R R (Notes 18, 19, 21(a) and 21(b) II. Ground
plus one floor R R II. More than
ground plus one floor R R (3) Above 15m in
height but not excee ding 24 m (see no te 3(c) and 3(g) R R (4)
Multi-Level
Car Park ing (MLCP) (see Note 3(d) R R R NR R R (Notes 15(a) and 15(b) R NR 150000 NR (Note 11) NR (5) Mecha nized
Parking (auto mated) (see note 3(h)) R R NR NR R R (see note 7) NR R 50000 NR (Note 14) NR HAZARDOUS
BUILDINGS (J) (Note 3a) (1) Up to 15m in
height R R (Notes 18, 19, 20, 21(a) and 21(b) R - Required NR - Not Required Notes Requirements 1. Manually
Operated Electronic Fire Alarm System (MOEFA) System shall also include
talk-back system and public address system in all buildings 15m and above in
height, except for A-3 and A-4 occupancies where these shall be provided for
buildings for height 24m and above. These shall also be provided in car
parking arcas more than 300 m2 and in multi-level car parking irrespective of
their areas. 2. Automatic
detection and alarm system is not required to be provided in car parking
area. Such detection system shall however be required in other areas of car
parking such as electrical rooms, cabins and other storage areas. 3(a). Buildings
above 15 m in height are not to be permitted for occupancy Group J. 3(b). Buildings
above 30 m in height not to be permitted for Group C-2 and C-3, Group D and
Group F occupancies. 3(c). Building
above 24 m in height not to be permitted for Group G (unless required for
process purpose) and for Group H. 3(d). Buildings
above 45 m in height are not to be permitted for occupancies Group A-1 and
A-2, Group B and Group H-4 (MLCP). 3(e). Building
above 45m in height may be permitted for Group C-1 occupancies, provided it
complies or, is in consonance with the parameters laid down from time to
time, by the National Fire Protection Association (U.S.A) in respect of such
occupancy. 3(f). Only the
building meant for educational purpose for higher secondary education and
above and like shall be permitted above 30 m subject to availability of local
firefighting facilities. 3(g). Storage
building may be permitted above 15 m and not exceeding 24 m subject to
availability of local firefighting facilities. 3(h). Automated
Mechanized car parking or any such other structure used for utilities purpose
such as storage of DG sets, not to be permitted above 100 meter or the
maximum height permissible,whichever is less, as specified under building
by-laws; subject to availability of local fire fighting facilities. If these
structure are attached to the building, then said wall shall be dead wall
with two fours tire resistant. 4. Required to
be installed in basement, if area thereof exceeds 200 m". 5. Required to
be provided if basement area exceeds 200 m. 6. Additional
value given in parenthesis shall be added if basement area exceeds 200 mâ„¢. 7. Required to
be provided for buildings with more than two storeys (Ground + one). 8. In case, the
complex consists of building(s) with occupancies having different
classifications, fire protection systems shall be governed by the most
restrictive provisions of the National Building code of India among those
applicable for individual occupancies. 9. Overhead tank
of specified capacity (along with Terrace pump if applicable) as indicated
under respective items in the table shall be provided for each
building/tower. Whether the building(s)/tower(s) are situated attached or
detached. Further the Tanks shall be connected to sprinkler systems, down
comers and hose reels either directly or through terrace pumps as applicable
in the table. 10. One set of
pumps shall be provided for each 100 hydrants or part thereof, with a maximum
of two sets on same underground water tank. In this case, one set consisting
of one electrically driven pump, one diesel driven standby pump (having a
capacity of 2280 LPM) and one electrical driven Jockey pump (having a
capacity of 180 LPM) shall be provided). 11. One set of
pumps shall be provided for each 100 hydrants or part thereof, with a maximum
of two sets on same underground water tank. In this case, one set consisting
of two electrically driven pumps (one each for Hydrant and sprinkler
systems), having a capacity of 2280 LPM. One diesel driven common standby
pump (having a capacity of 2280 LPM) and two electrically driven Jockey pump
(having a capacity of 180 LPM, one each for Hydrant and sprinkler systems)
shall be provided. 12. One set of
pumps shall be provided for each 100 hydrants or part thereof, with a maximum
of two sets on same underground water tank. In this case, one set consisting
of two electrically driven pumps (one each for Hydrant and sprinkler systems),
having a capacity of 2850 LPM. One diesel driven common standby pump (having
a capacity of 2850 LPM) and two electrically driven Jockey pump (having a
capacity of 180 LPM, one each for Hydrant and sprinkler systems) shall be
provided. 13. Lower levels
in high rise buildings 60 m or above in height are likely to experience high
pressure and therefore, it is necessary to consider multi-stage, multi-outlet
pumps (creating pressure zones) or installation of pumps at one or more
levels or variable frequency drive pumps or any other equivalent arrangement. 14. One set of
pumps shall be provided for each 100 hydrants or part thereof, with a maximum
of two sets on same underground water tank. In this case, one set consisting
of one electrically driven pump, one diesel driven standby pump (having a
capacity of 1620 LPM) and one electrical driven Jockey pump (having a
capacity of 180 LPM) shall be provided). 15(a). Sprinklers
shall be fed water from both underground static water storage tank and
terrace tank when bath are prescribed in the Table. 15(b). Entire
building(s) i.e. Common areas as well as Livable arcas within shall be
protected as per relevant Indian standards for automatic sprinkler system. 16(a). Those industries
which were defined or licensed as "Artisans workshops, Village and
Cottage Industries, Tiny sector industries" by the Government of India
shall need to provide only Extinguishers and Fire Buckets, their quantity and
distribution shall comply with relevant Indian standards. 16(b). Multiple
Industrial occupancies in Industrial building (all in one building) shall be
protected according to the requirements for "Moderate" hazard
industries. No high hazard occupancies shall be allowed in such buildings. 16(c). In case of
high hazard industries like Petrochemical industries, Refineries and the
like, in addition to compliance of requirements of above Table, compliance to
statutory requirements like Oil Industries Safety Directorate and the like
are mandatory. 17. Entire
occupancy shall be protected by one electric driven main pump of at least 900
LPM discharge capacity, one standby pump of similar capacity (with reliable
back-up supply) and one jockey pump of capacity of at least 180 LPM. 18. Entire
occupancy shall be protected by hydrant, sprinkler, water spray, water mist,
Gas based System, foam, fire alarm systems etc. as applicable in accordance
with relevant Indian Standard Codes in all respects that include design and
installation of pumps, pipelines etc.. See note 19 and 21 below. 19. Certain
occupancies may also be protected by Automatic water mist systems with
appropriate (pressure) applications if such systems are evaluated/certified
by recognised National/International agencies for such occupancies.
Installation and design of such systems, besides complying with various
provisions of Indian Standard - 15519, shall be as per manufacturers
specifications, complying with test conditions and the same shall have
acceptance of the authorities concerned. Extrapolation of test results shall
not be allowed to provide protection to larger areas unless specifically
permitted by the reputed testing agencies. 20. Pump capacity
for hydrant system shall be based on the covered area of the buildings i.e
for area upto 500M2 pumping should be @ 2.0 LPM/M2, for areas greater than
500M2 but upto 1000M2, pumping should be @ 2.5 LPM/M2. Areas more than 1000M2
are not acceptable unless there are fire separations equivalent to two hours.
Entire hydrant and sprinkler systems shall be designed as per the relevant IS
standards. See Notes 18, 19 and 21(a) and 21(b). 21(a). For all
occupancies under classifications A to J, pumping capacities and water
requirements shall need to be provided wherever indicated in respective
columns and Notes in the above Table. However, where pumping capacities and
whatever requirements are not indicated in the respective columns, reference
shall be made to the concerned Indian Standard (IS) Codes of practices for
Hydrant/Sprinkler/Water spray etc. for details. In either case, Design and
installation of systems like hydrant, sprinkler, spray systems etc. shall
strictly be carried out as per provisions in respective Code of practices like
IS-13039, 1S-15105, IS-15325 etc. 21(b). Where
application of water as extinguishing medium is not appropriate due to the
presence of water reactive materials or other valid acceptable reasons, a
suitable alternative extinguishing system and method shall be provided in
consultation with the appropriate authorities. Protection methods suggested
shall be in compliance with relevant Indian Standards in all respects. Other
types of systems for fire alarms, Gas based Systems, etc. shall also be
designed and installed as per relevant Indian standards in all respects. 22. As per the
requirement of local authority dry riser may be used in hilly areas,
industrial areas or as required. SCHEDULE II (See section 11) Fire and Emergency Service Fee
Structure (1)
The
Fire and Emergency Service Fee shall be levied as indicated in TABLE given
below as per square meter of the built up area for the various categories of
the building in accordance to percentage of the Annual Statements of Rates
(ASR) as published under the provisions of the Maharashtra Stamp (Determination
of True Market Value of Property) Rules, 1995 made under the Maharashtra Stamp
Act (LX of 1958). TABLE Sr. No. Height of the Building in meters Percentage of the Annual Statement
of Rates (ASR) Residential Institutional Commercial Industrial 1 Building upto
45 m 0.25% 0.50% 0.75% 0.75% 2 Building
above 45m 0.50% 0.75% 1.00% 1.00% (2)
The
categorization of the occupancies in paragraph 1 above shall be as categorized
in Part 4 of the National Building Code of India, regarding Fire and Life
Safety, which are as follows :- (a)
"Residential
Building" means Residential Occupancies as mentioned in Group A of Part 4
of the said Code except Sub-Groups A-5 and A-6 thereof, viz. Lodging, Boarding,
Dormitories, Apartment, Multi-level car parking and Mechanized Automated Car
Parking. (b)
"Institutional
Building" means Educational Occupancies as mentioned in Group B of Part 4
of the said Code and Institutional Occupancies in Group C of Part 4 of the said
Code, viz. School, College, University, Hospital, Nursing Home, etc. (c)
"Commercial
Building" means Occupancies as mentioned in Sub- Groups A-5 and A-6 of Part
4 of the said Code and Assembly Occupancies in Group D of Part 4 of the said
Code, Business Occupancies in Group E of Part 4 of the said Code and Mercantile
Occupancies in Group F of Part 4 of the said Code, viz. Hotels, Eateries,
Malls, Multiplex, Theatres, Shops, etc. (d)
"Industrial
Building" means Industrial Occupancies as mentioned in Group G of Part 4
of the said Code, Storage Occupancies in Group H of Part 4 of the said Code
(excluding Multi-level car parking) and Hazardous Occupancies in Group J of Part
4 of the said Code. Notes
:-The fee for the above classification of the building shall be calculated as
under :- (1)
The
fee after computing the necessary percentage of the ASR shall be multiplied by
the built up area of the building under consideration for necessary approval. (2)
For
the purposes of assessment of fee, the built-up area shall be gross built-up
area, which includes area of basement, easements, stilts, podium, stair- cases,
lifts, lobbies, passages, balconies, cantilever portions, service floors,
refuge areas, etc., as shown in the building plan certified by the Architect
and submitted to the Authority along with the application for permission for
construction of a building. The built-up area to be calculated for this purpose
will have no relation with the floor space index or the built-up area
calculated in any other manner. (3)
The
fees to be calculated shall be taken from lowest level to the last livable
floors and not slab-wise while determining height of the building as indicated
in TABLE. (4)
For
the purposes of assessment of fee, the Annual Statement of Rates published
under the provisions of the Bombay Stamp (Determination of True Market Value of
Property) Rules, 1995 are the building construction rates issued by the
Department of Registration and Stamps, Government of Maharashtra. (5)
No
fee shall be levied for the building identified as Sub-Groups A-2 and A-4 below
15 meters occupancies as per Part 4 of the National Building Code of India,
Part 4 and for all those buildings identified in section 15 of the Act."The Maharashtra Fire Prevention And Life
Safety Measures (Amendment) Act, 2023
In section 2 of the Maharashtra Fire Prevention and Life Safety Measures Act,
2006 (hereinafter referred to as " the principal Act "),-
In section 3 of the principal Act,-
In section 9 of the principal Act,-
In section 10 of the principal Act, in sub-section (1), in the proviso, for the
words "Chief Fire Officer" the word "Director" shall be substituted.
In section 11 of the principal Act,-
In section 12 of the principal Act,-
In section 13 of the principal Act,-
In section 14 of the principal Act,-
In section 16 of the principal Act,-
In Chapter V, for the heading "DIRECTOR OF FIRE SERVICES" the heading
"DIRECTOR OF FIRE AND EMERGENCY SERVICES" shall be substituted.
In section 18 of the principal Act,-
In section 19 of the principal Act,-
In section 21 of the principal Act,-
In section 22 of the principal Act,-
In section 24 of the principal Act, for the words "fire service" the
words "Fire and Emergency Services" shall be substituted.
In section 27 of the principal Act,-
In section 29 of the principal Act,-
In section 32 of the principal Act, in sub-section (1),-
In section 33 of the principal Act, in clause (a),-
In section 45 of the principal Act, in sub-section (1), the heading
"Building with height more than 30 meters and used for,-" shall be
numbered as clause (a) and after clause (a), as so numbered, the following
clause shall be added, namely :-
After section 45 of the principal Act, the following section shall be inserted,
namely :-
After section 48 of the principal Act, the following section shall be inserted,
namely :-
For Schedule-I and Schedule-II appended to the principal Act, the following
Schedules shall be substituted, namely :-
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The Maharashtra Fire Prevention And Life Safety Measures (Amendment) Act, 2023
The Maharashtra Fire Prevention And Life Safety Measures (Amendment) Act, 2023
Section - 1. Short title and commencement
Section - 2. Amendment of section 2 of Mah. III of 2007
Section - 3. Amendment of section 3 of Mah. III of 2007
Section - 4. Amendment of section 9 of Mah. III of 2007
Section - 5. Amendment of section 10 of Mah. III of 2007
Section - 6. Amendment of section 11 of Mah. III of 2007
Section - 7. Amendment of section 12 of Mah. III of 2007
Section - 8. Amendment of section 13 of Mah. III of 2007
Section - 9. Amendment of section 14 of Mah. III of 2007
Section - 10. Amendment of section 16 of Mah. III of 2007
Section - 11. Amendment of Chapter V of Mah. III of 2007
Section - 12. Amendment of section 18 of Mah. III of 2007
Section - 13. Amendment of section 19 of Mah. III of 2007
Section - 14. Amendment of section 21 of Mah. III of 2007
Section - 15. Amendment of section 22 of Mah. III of 2007
Section - 16. Amendment of section 24 of Mah. III of 2007
Section - 17. Amendment of section 27 of Mah. III of 2007
Section - 18. Amendment of section 29 of Mah. III of 2007
Section - 19. Amendment of section 32 of Mah. III of 2007
Section - 20. Amendment of section 33 of Mah. III of 2007
Section - 21. Amendment of section 45 of Mah. III of 2007
Section - 22. Insertion of section 45A in Mah. III of 2007
Section - 23. Insertion of section 48A in Mah. III of 2007
Section - 24. Substitution of Schedule-I and Schedule-II of Mah. III of 2007