FIRE SAFETY REGULATIONS IN INDIA

The Union of India’s stance on fire safety emphasizes the Model Building Bye-Laws, 2016, particularly Chapter 11 on “Fire Protection and Fire Safety Requirements,” which serves as a framework for State governments responsible for fire safety enforcement. Adherence to fire safety norms and standards outlined in Part 4 of the National Building Code (NBC) is required, with States tasked with incorporating these mandatory provisions.

Classification of Assembly Buildings

• According to the bylaws, the Rajkot game zone would be categorised under assembly buildings.
• This classification includes venues without permanent seating where 300 or more people gather.
• The definition of assembly buildings is broad, encompassing any building or part of a building where “not less than 50 gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes.”
• Examples include theatres, motion picture houses, assembly halls, museums, skating rinks, gymnasiums, restaurants, places of worship, dance halls, club rooms, passenger stations, terminals of public transportation services, recreation piers, and stadia.

Regulations for Other Building Types

• Hospitals, custodial, penal, or mental health institutions are classified as institutional buildings. Separate categories exist for educational, business, industrial, and specialized-use buildings.

Pandemic-Era Fire Safety Guidelines

• Amidst a series of fires during the pandemic, the Health Ministry issued guidelines on September 28, 2020, mandating third-party accreditation for fire safety and the implementation of a fire response plan. Chapter 11 of the Bye-Laws specifies fire safety and infrastructure requirements for buildings 49 feet in height or more and those with low occupancies across various categories for the issuance of a No Objection Certificate (NOC).

Gujarat's Specific Fire Safety Regulations

• Under Gujarat’s Comprehensive Development Control Regulations 2017, obtaining the Chief Fire Officer’s opinion is mandatory even for temporary structures.
• These regulations require all structures to comply with fire prevention and safety provisions as specified by the Fire Authority, in the Fire Prevention and Life Safety Measures Act, 2013.

Compliance Issues at Rajkot Game Zone

• The Rajkot game zone was reportedly constructed as a non-standard structure to bypass regulatory requirements.
• The ongoing inquiry will determine whether it meets the qualifications for use as an assembly building offering leisure and entertainment services.

2. Judicial Perspective on Fire Safety Neglect

Uphaar Cinema Tragedy

• The Uphaar cinema tragedy of 1997 in Delhi remains one of the most high-profile deadly fire accidents in India.
• The fire resulted in the deaths of 59 people trapped in the balcony due to illegally installed seats and a blocked exit.
• This incident led to the conviction of the venue owners, Sushil Ansal and Gopal Ansal, along with others for negligence and evidence tampering.
• The legal battle was lengthy, with victims' families forming an association to seek justice.
• The owners were prosecuted under charges of causing death by negligence (IPC 304A), hurt or grievous hurt by rash or negligent act (337, 338), and culpable homicide (304).
• Additionally, theatre staff and public agency employees, such as those from the electricity authority, were held accountable.
• The fire was triggered by an unsanctioned transformer installed without safeguards, for which the owners bore direct responsibility due to structural deviations.
• The court held property owners, employees, and electricity agency staff liable for the fire's devastating toll.
• Despite their convictions, the Ansal brothers' reduced sentences sparked criticism from the Association of Victims of Uphaar Tragedy, particularly on the fire's anniversary, June 13.

High Court's Suo Motu Action

• Following the Rajkot gaming centre fire, the Gujarat High Court took suo motu cognizance, scrutinizing the enforcement of fire and building laws and identifying unauthorized leisure and entertainment venues.
• The court was informed by the Ahmedabad Municipal Corporation about the Gujarat Regularisation of Unauthorised Development Act, 2022, which has been in force since January 2, 2023. This law was cited by an unauthorized game zone seeking regularization.

Previous Incidents and Ongoing Concerns

• Gujarat has experienced several tragic fires in recent years, prompting calls for stricter fire safety regulations.
• Notably, the 2019 fire in Surat’s Takshashila Arcade tuition centre claimed the lives of over 20 students.
• In the wake of the Rajkot fire, the Gujarat High Court acknowledged a Public Interest Litigation (PIL) and criticized the State government for not complying with its earlier orders, stating that “insult [had been] added to injury.”
• The judiciary's stance on these incidents underscores the critical need for stringent adherence to fire safety regulations and proactive measures to prevent such tragedies in the future.

3. Enforcing Fire Safety Laws