The Director may, with the previous sanction of the Government enter into arrangements with any person or organization who employs and maintains personnel or equipment or both, for fire fighting purposes, to secure, on such terms as to payment or otherwise as may be provided by or under the arrangements, the provision by that person or organization for assistance for the purpose of dealing with fire occurring in any area in which this Act is in force.
CHAPTER- V GENERAL MEASURE FOR FIRE PREVENTION AND SELF REGULATION
25. Preventive measures-
(1) The Government may, by notification in the Official Gazette, declare any class of occupancy and Pandals which, in its opinion is likely to cause a risk of fire.
(2) The Government may, by notification in the Official Gazette, require owner or occupiers, or both, of premises or buildings or erectors of Pandals notified under sub-section (1), to take such fire prevention and fire safety measures as may be prescribed.
26. Fire prevention and fire safety measures in the pandals to be self regulatory –
(1) notwithstanding anything contained in this Act, the erectors of Pandals shall be deemed to be self regulators for taking fire prevention and fire safety measures prescribed under sub-section
(2) of section 25.
(2) The erector of a pandal shall display at a prominent place in the pandal a declaration in the prescribed form and under his own signature to the effect that he has taken all the prescribed fire prevention and fire safety measures therein.
(3) It shall be lawful for the Director, nominated authority or any other officer authorized by the Government in this behalf to enter and inspect the pandal with a view to verify the correctness of the declaration so made by the erector under sub-section (2) and to point out the shortcomings, if any, with directions to remove them within a specified time. If the directions of the inspecting officer are not complied with within the time so given, the inspecting officer shall seal the pandal.
(4) 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 52 of this Act.
27. Removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting –
1. Where a notification has been issued under section 25, it shall be lawful for the Director or any officer of the fire service authorized by the Govt. in this behalf to direct the removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting, to a place of safety, and on failure of the owner, occupier or erector, as the case may be, to do so, the Director or such officer may, after giving the owner, occupier or erector, as the case may be, a reasonable opportunity of making representation , report the matter to the Sub- Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to adjudicate the matter:
Provided that where the Director considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to fire fighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachments or objects or goods forthwith and report the matter to the Sub-Divisional Magistrate accordingly.
2. On receipt of a report under sub-section (1), the Sub-Divisional Magistrate shall give, by means of a notice served in such manner as he may think fit, a reasonable opportunity of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to fire fighting.
3. After giving the owner an occupier or erector, as the case may be, a reasonable opportunity of making representation under subsection ( 2) , the Sub-Divisional Magistrate may make an order to seize, detain or remove such encroachments or objects or goods.
4. The person charged with the execution of the order as made in sub-section (3) shall forthwith make an inventory of the objects and goods which he seizes under such order, and shall, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods will be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice.
5. On the failure of the person in whose possession the objects or goods were at the time of seizure to claim the seized goods pursuant to notice given under sub-section (4) , the Sub- Divisional Magistrate shall sell them accordingly by public auction.
6. Any person aggrieved by any notice or order of the sub- Divisional Magistrate may, within 30 days from the date of such order, prefer an appeal to the Appellate Authority.
Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of 30 days if he is satisfied that there was sufficient cause for no filing it within that period.
7. An appeal to the Appellate Authority shall be made in such form and shall be accompanied by a copy of the notice or order appealed against and by such fees as may be prescribed.
8. an order of the Appellate Authority on an appeal under subsection (7) shall be final.
28. Powers of members of the fire service on occasion of fire and / or rescue- On the occasion of fire rescue in any area in which this Act is in force, any member of the fire service who is in charge of fire fighting operations on the spot may-
(a) remove, or order any other member of the fire service to remove, any person who by his presence interferes with or impedes the operation for extinguishing the fire or for saving life or property.
close any street or passage in or near which a fire is being fought and / or rescue work is in progress;
(b) for the purpose of extinguishing fire and carrying out rescue operation, break into or through or pull down, any premises for the passage of hose or appliances or cause them to be broken into or through or pulled down, doing as little damage as possible;
(c) require the authority in charge of water supply in the area to regulate the water mains so as to provide water at a specified pressure at the place where fire has broken out and utilize the water of any stream, cistern, well or tank or of any available source of water, public or private , for the purpose of extinguishing or limiting the spread of such fire and carrying out rescue operations;
(d) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire fighting operations as it were an officer –in –charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such officer, in respect of the exercise of such powers.
(e) arrest a person who willfully obstructs and hinders a fire service personnel in fire fighting and rescue operations and shall hand him over to a police officer or at the nearest police station without avoidable delay along with a brief note giving the time, date and reasons of arrest; and
(f) generally take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property, or both.
29. Appointment of fire safety officer - Every owner and occupier or an association of such owners and occupiers of the following classes of buildings or premises shall appoint a fire safety officer who shall ensure the compliance of all fire prevention and fire safety measures and effective operation thereof as provided in this Act and the rules made there under, namely:-
(a) cinema houses with seating capacity of more than 1000 persons and having commercial complex with built-up area more than 10000 sq. mtr.
and building having multiple cinema with seating capacity, taken together, of 1000 persons, or more, whether, having commercial complexes or not;
(b) hotels with 100 rooms and above.
(c) underground shopping complexes, district centres, sub-central business districts, including the basement with build up area of more than 25000 sq. mtr.
(d) multistoried non-residential buildings above 50 meters in height;
(e) large oil and natural gas installations such as refineries, LPG bottling plants and similar other facilities;
(f) open stadia with seating capacity more than 50,000 persons and indoor stadia with seating capacity more than 25,000 persons.
(g) hospitals and nursing homes with more than 500 beds;
(h) public and semi-public buildings like large surface and sub-surface railway stations, interstate bus terminuses, airports amusement parks and other similar buildings;
(i) Provided that the Government may, by notification in the Official Gazette, from time to time, include any other premises which, in its opinion, require appointment of fire safety officers.