West Bengal Fire Services (Fire Licence) Rules, 2004

GOVERNMENT OF WEST BENGAL
DEPARTMENT OF FIRE SERVICES
WRITERS’ BUILDINGS, KOLKATA

No. 1079/FS/O/C-1/F1A-3/96 – 05th April, 2004

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 10, section 12, section 13, section 14, sub-section (2) and sub-section (5) of section 15, section 18, section 19 and i section 38 read with clause (aa), clause (b), clause (cc), clause (h) and clause (i) of sub-section (2) of section 40 of the West Bengal Fire Services Act, 1950 (West Ben. Act XVIII of 1950) and in supersession of all previous rules, orders and notifications on the subject, the Governor is pleased hereby to make the following rules :-

Rules

1. Short title and commencement

(1) These rules may be called the West Bengal Fire Services (Fire Licence) Rules, 2004.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions

(1) In these rules, unless the context otherwise requires-

(a) “the Act” means the West Bengal Fire Services Act, 1950 (West Ben. Act XVIII of 1950);

(b) “appeal” means an appeal preferred under section 111, or sub-section (5) of section 15, or section 38 of the Act;

(c) “appellate authority” means the authority appointed under rule 13;

(d) “fire licence” means the licence granted under section 12;

(e) “Form” means Form appended to these rules;

(f) “Schedule” means Schedule appended to these rules;

(g) “section” means section of the Act.

(2) Words and expressions used and not defined in these rules, but defined in the Act shall have the same meanings as respectively assigned to them in the Act.

3. Quantities of hazardous substance stored or processed without fire licence

No premises shall be used for-

(a) storing, pressing or keeping hazardous substances, specified in column (2) of Schedule I, in excess of the quantity exempted from fire licence as specified in column (3) of the said Schedule, or

(b) processing or keeping hazardous substances specified in column (2) of Schedule II of any quantity, unless the owner or the occupier thereof shall have previously been granted a fire licence under section 12.

4. Manner of endorsement of requisition for fire safety

(1) The owner or the occupier of any premises intending to apply for a fire licence may make an application to a concerned licensed agency for obtaining a requisition for fire safety based on the plan of warehouse or workshop and layout designs of various fire protection systems as designed in the plan:

Provided that an owner or occupier already possessing a Fire Safety Certificate duly endorsed under subsection (3) of section 11C, shall not be required to obtain a requisition for fire safety.

(2) On receipt of an application under sub-rule (1), the concerned licensed agency shall forward a duly authenticated requisition for fire safety in Form A, to the Director-General for his endorsement.

(3) On receiving the requisition for fire safety, the Director-General or the superior nominated authority, being satisfied about the adequacy of fire prevention and fire safety measures specified in the Act or the rules made there under in respect of the concerned premises, shall endorse the requisition for fire safety in the said Form A.

5. Manner of making an application for granting fire licence

The owner or the occupier of a premises, intending to obtain a fire licence under the Act, shall make an application in Form B to the Collector along with the fol lowing documents:

(a) a copy of the requisition of fire safety in Form A duly endorsed by the Director-General under rule 4 or a: copy of Fire Safety Certificate duly endorsed under section 11C, if already possessed;

(b) two copies of site plan of the warehouse or work shop drawn to the scale of 1 c.m. = 1 m.;

(c) a statement showing the name and maximum quantify, of hazardous substances, which shall be stored or processed in the premises at any material point of time;

(d) a statement showing the details of fire services, including the number of full time fire personnel and their qualifications, and names of fire prevention and fire safety appliances if any, which the owner or the occupier of such premises shall maintain.

6. Premises to conform certain conditions for granting fire licence

No fire licence shall be granted for using premises or storing or processing of hazardous substances, unless the said premises conforms to the conditions

(a) that no part of the premises shall be used, or no oven or naked light shall be kept therein, for cooking or any other purpose excepting the purpose of storing or processing of the hazardous substances, as mentioned in the application for granting fire licence;

(b) that electrical installations of the premises shall be. in proper condition fulfilling the existing electricity rules; and

(c) that there shall be such number of sources of adequate water within or in the perimeter of such premises, as the Collector or the Director-General may deem expedient.

7. Computation, and payment of annual fee for granting or renewal of fire licence

(1) On receipt of the application under rule 5 and subject to the provision of sub-rule (2), the Collector shall, calculate the annual fee for storing, or processing of hazardous substances in accordance with such rate percent as specified in column (4) of Schedule 1, or as the case may be, column (3) of Schedule H; but in no case the minimum annual fee payable shall be less than Rs. 100/-.

(2) If the Collector is satisfied; that the applicant for granting or renewal of fire licence maintains his own fire services by employing qualified and full-time fire personnel supported by adequate fire-fighting appliances, he may allow a rebate in annual fee at the rate specified in column (3) of Schedule 111.

(3) After computing the annual fee specified in sub-rule (1), the Collector shall direct the applicant in Form C deposit such fee in any Government treasury or sub-treasury of West Bengal and to forward the original challan (receipt) to the office of the Collector.

8. Issue of fire licence

On receipt of the original treasury challan as specified In sub-rule (3) of rule 7, the Collector shall issue a fire licence in Form D subject to the conditions noted on the back of such license.

9. Period of validity of fire licence

Every fire licence shall remain valid fora period of one year with effect from the date of issue or renewal of such licence.

10. Renewal of fire licence

(1) Every fire licence shall be renewed in the month bearing the date of expiry of its term mentioned in such fire licence.

(2) The application for renewal of fire licence shall be made in Form B, at least before a month of expiry of the license, to the Collector in the Form specified in rule 5 along with the following documents:-

(a) a copy of the Fire Safety Certificate duly endorsed under section 11C;

(b) a copy of the last fire licence; and

(c) the documents specified in clauses (c) and (d) of rule 5.

(3) Computation and payment of annual fees for renewal of fire licence shall be made in the manner specified in rule 7.

11. Manner of submission of memorandum by the applicant in case of refusal of new fire licence or renewal thereof

If the Collector refuses to grant or renew a fire licence in terms of the provisions of sub-section (4) of section 15, the applicant may, for the purpose of granting or renewal of such fire licence, submit an appeal, along with a court fee stamp of Rs. 10/-, to the authority under sub-section (5) of section 15 requesting to reconsider such decision of the Collector.

12. Change of occupation of premises having fire licence

(1) On receipt of the notice under section 19 for change in occupation of any premises requiring a licence under section 12 having a valid fire licence, if the Collector, in consultation with the Director-General or any superior nominated authority, is satisfied that the fire prevention and fire safety measures taken by the previous occupiers are adequate enough, he shall serve a notice in Form E to the person entering into occupation, requesting such person to deposit a fee of Rs. 100/- only in any Government treasury or sub-treasury of West Bengal and to forward the original challan (receipt) to the Collector within thirty days from the date of issue of the notice.

(2) On receipt of the original treasury challan (receipt) as specified in sub-rule (1), the Collector shall, in lieu of the name of the previous occupier, substitute the name of the person entering into occupation of the premises as mentioned in the fire licence in respect of such premises.

13. Appointment of appellate authority

The State Government shall, by an order, appoint an officer not below the rank of Joint Secretary to the Government, to be the appellate authority on such terms and conditions as may be specified in the said order.

14. Manner of filing appeal

An appeal shall be made to the appellant authority in Form F.

15. Notice for hearing appeal

The appellate authority shall serve a notice in Form G to the appellant at least three days before the hearing of the appeal.

16. Notice of entry for inspection

The appellate authority may, if it considers necessary for the purpose of ascertaining the adequacy or the contravention of fire prevention and fire safety measures required to be provided under the Act, by serving a notice in three days advance to the appellant in Form H, inspect the land or building of any appellant before disposal of the appeal.

17. Disposal of appeal

The appellate authority shall, after hearing the appellant or inspecting the building or premises of the appellant, dispose of die appeal by serving a notice to the appellant in Form I, for carrying out his directions within a date stipulated in the said Form:

Provided that the appellant authority may reject an appeal on the following grounds: –

(a) if the appellant absents himself on the date of hearing, and fails to show any valid reason therefor within twenty-four hours from the date of hearing; or

(b) if the appellant obstructs the appellant authority from entering into the land and building for inspection under rule 16.

By order of the Governor,

Sd/- K. SATHIAVASAN
Secy. to the Govt. of West Bengal

No. 1079/FS dated 05.04.2004, Source