Strict Adherence to the Norms of Inspection before Issuing Fire License
Fire & Emergency Services, Fire License
Government of West Bengal
Department of Fire and Emergency Services
Bikash Bhawan, Saltlake, Kolkata – 700091
No. 1460/FES-99/34/2020 Date: 21/12/2020
ORDER
WHEREAS the matter of inspection of fire safety measures taken in the high rise and/or high risk buildings before issuance of Fire Safety Certificate or No-objection Certificate on behalf of West Bengal Fire & Emergency Services and its subsequent maintenance by the owner or occupier are under active consideration of the Government for some time past.
AND WHEREAS the proviso of sub-section (3) of section 11C of the West Bengal Fire Services Act, 1950, clearly states that “the Director or a superior nominated authority shall not endorse any Fire Safety Certificate unless he or it is satisfied about the fire prevention and fire safety measures including safety of electrical installations, structural means of escape from where the owner or occupier can evacuate the buildings or place to a place of safety at the time of fire emergency and provision of supply of adequate quantity of water for lighting purposes made by the owner or occupier of such building.”
AND WHEREAS the sub-section (1) of section 34 of the West Bengal Fire Services Act, 1950, states that “(1) The Director or the nominated authority may enter and inspect any building or part thereof or any premises at any time between sunrise and sunset where such inspection appears necessary for ascertaining the contravention, if any, of fire prevention and fire safety measures referred to in section 11C and of the conditions referred to in section 13.”
THEREFORE, after careful consideration, it is ordered that the provisions of the inspection laid down in Section 34 of West Bengal Fire Services Act, 1950 read with Rule 21 of West Bengal Fire Services (Fire Prevention and Fire Safety) Rules, 2003 shall be strictly complied with and any inspecting officer who proposes for approval for issuance of Fire Safety Certificate (FSC) or No-objection Certificate (NOC) under the West Bengal Fire & Emergency Services Act, 1950 shall have to satisfy the following conditions: –
i. Every inspecting officer shall obtain from the owner or occupier of any high rise or high risk building who seeks to obtain FSC/NOC, the photocopies of the bills/vouchers and bank statements (transfer of fund for purchase of fire fighting appliances) of the fire fighting appliances installed in the said high rise or high risk building in accordance with Rule 19 of West Bengal Fire Services (Fire Prevention and Fire Safety) Rules, 2003 or Part IV of National Building Code and/or the Fire Safety Recommendation issued by the West Bengal Fire & Emergency Services;
ii. Every owner or occupier or any person authorised by them, praying for obtaining FSC/NOC from the Fire Brigade, shall have to provide a self-declaration stating that the all the conditions mentioned in the Fire Safety Recommendation issued by Fire Brigade along with the relevant conditions of Part – IV of National Building Code and/or Indian Standard Specifications and/or relevant buildings and/or the conditions mentioned in the Rule 19 of the West Bengal Fire Services (Fire Prevention and Fire Safety) Rules, 2003, have been satisfactorily complied with, which declaration if found to be false, such owner or occupier or the person authorised by them, shall be liable for necessary actions as per law.
iii. The inspecting officers shall conduct thorough inspection in each and every case for issuance of Fire Safety Certificate and ensure compliance of all the conditions mentioned in the Fire Safety Recommendation issued by Fire Brigade along with the relevant conditions of Part – IV of National Building Code and/or Indian Standard Specifications and/or relevant buildings and/or the conditions mentioned in the Rule 19 of the West Bengal Fire Services (Fire Prevention and Fire Safety) Rules, 2003 while submitting the report of inspection and will be considered as personally liable for non-availability of fire safety measures pre and post FSC.
This order shall take an immediate effect.
Pr. Secy. to the Govt. of West Bengal