Fire Safety Regulations

The need for robust fire safety regulations cannot be overstated in today’s rapidly urbanizing world. These rules ensure that public and private spaces are equipped to prevent, manage, and mitigate the devastating impact of fire incidents. Proper enforcement and adherence to fire safety guidelines are essential to protect lives, property, and infrastructure. In Maharashtra, the issue of fire safety became a focal point of legal scrutiny with the filing of PIL No. 80 of 2019 by Advocate Abha Singh in the Bombay High Court. This litigation highlighted glaring lapses in the implementation of the Special Regulations for Fire Prevention and Life Safety Measures, initially drafted in 2009 after the 26/11 terror attacks. Singh's petition argued for stricter compliance, accountability from authorities, and expedited adoption of these regulations to prevent loss of life due to negligence. This PIL underscored the critical importance of proactive safety measures, pushing for systemic reforms that hold both government bodies and private entities accountable for fire safety lapses. Singh's advocacy not only emphasized the value of human life but also reinforced the role of legal intervention in ensuring civic safety and responsible governance

Ensuring Safety: The Significance of Fire Safety Regulations in Maharashtra In a state as densely populated and urbanized as Maharashtra, fire safety regulations play a crucial role in safeguarding lives and property. The devastating impact of man-made disasters, including the tragic 26/11 terror attacks in Mumbai, underscores the urgency for stringent measures. Despite this, inaction has hindered progress on critical safety protocols. Advocate Abha Singh's Public Interest Litigation (PIL No. 80 of 2019) brought to light the alarming nine-year delay by the Maharashtra government in issuing a final notification for the Draft Special Regulations for Buildings Vulnerable to Manmade Disasters. Filed under the Maharashtra Regional and Town Planning Act, 1966, these regulations were meant to be finalized within 90 days. However, prolonged inaction has left countless lives at risk, violating the fundamental "Right to Life." The PIL emphasized the urgent need to enforce these rules, as fire-related accidents and other disasters continue to claim precious lives. With the statutory authority under Section 46 of the Act, these regulations must be treated as binding, ensuring their immediate implementation. This legal intervention not only highlights the significance of timely government action but also underscores the critical role of law in upholding public safety. By addressing systemic delays, the case sets a precedent for accountability and proactive governance, ensuring that the safety of citizens is prioritized over bureaucratic inertia.

Fire safety regulations are critical to protecting lives and property, ensuring every building is equipped to prevent, control, and manage fire hazards effectively. Compliance with legislative measures like the National Building Code (NBC) and state-specific guidelines such as the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 is not optional—it is fundamental to urban safety and the "Right to Life" as enshrined in the Constitution. However, persistent violations and misinterpretations of these laws highlight systemic failures that jeopardize public safety.

Key Legislative Provisions for Fire Safety :
1. National Building Code (NBC), 2016: A comprehensive guideline mandating fire safety protocols, covering open spaces, vehicular access for fire appliances, and structural fire resistance.
2. Regulation 47 of the DCPR, 2034 (Greater Mumbai): Stipulates that all building designs must align with the NBC's fire safety requirements, ensuring proper planning, design, and construction.
3. Maharashtra Fire Prevention and Life Safety Measures Act, 2006:
Defines fire prevention measures essential for life safety, in accordance with the NBC and other building bye-laws.
4. Sections 37 and 46 of the Maharashtra Regional and Town Planning Act, 1966:
Mandate state accountability in approving development plans, ensuring compliance with fire safety provisions.

Critical Failures by the Chief Fire Officer (CFO)
The Chief Fire Officer's role is vital in enforcing fire safety norms, yet glaring violations undermine public safety:
1. Flawed Interpretation of Regulation 47: Permitting insufficient open spaces—less than 5 feet for skyscrapers up to 50 floors—directly violates NBC provisions. This compromises the entry of fire tenders during emergencies.
2. Zero Open Spaces: Allowing zero open spaces on certain sides of buildings contradicts safety mandates and endangers residents in high-rise structures.
3. Neglect of Access Planning: Failure to enforce Regulation 10(3)(vi) of the DCPR, which requires architects to demonstrate vehicular turning circles and motorable access for fire vehicles.

Expert Committee Formed to Enhance Fire Safety Regulations In 2022, the Bombay High Court mandated the formation of an expert committee to evaluate and revise the 2009 draft rules. Chaired by former BMC commissioner Pravin Pardeshi, the committee includes: 1. A representative from the Practicing Engineers, Architect, and Town Planners Association. 2. N. R. Shende, retired director of town planning. 3. The Chief Engineer (Development Planning) of BMC. The committee’s primary task is to assess the draft regulations and recommend necessary improvements in light of modern challenges and technological advancements.

Directions Issued by the Bombay High Court
On April 11, 2022 the High Court bench comprising of Chief Justice Dipankar Datta & Justice M. G . Sewlikar stated “By instituting this public interest litigation, the petitioner has brought to the notice of this Court the failure and/or omission on the part of the State Government in the Urban Development Department to finalize the Special Regulations for Building Vulnerable to Manmade Disasters.” “The petitioner, a public-spirited resident, submitted a representation on 15th January 2018 seeking that appropriate steps be taken for issuance of the final notification.” Timelines for Regulation Finalization: On 8th December 2023, High Court bench comprising of Chief Justice Devendra Kumar Upadhyaya, & Justice Arif S. Doctor , stated “In deference to our order dated 6th December, 2023, the learned Addl. Government Pleader has furnished a timeline for finalization of the requisite regulations and its final notification under Section 37 of the Maharashtra Regional and Town Planning Act, 1966.” The court required the State Government to submit a detailed timeline for finalizing the regulations and issuing a notification under Section 37 of the Maharashtra Regional and Town Planning Act, 1966.
1. CFO’s Accountability: On December 8, 2023, High Court bench comprising of Chief Justice Devendra Kumar Upadhyaya, & Justice Arif S. Doctor directed the Chief Fire Officer to file an affidavit outlining the available measures to tackle fire emergencies in residential and commercial buildings. “We direct that by the next date of listing of the matter, an affidavit-in-reply shall be filed by the Chief Fire Officer, BMC, giving details of the measures which are available for meeting the exigencies caused by sudden breaking up of fire in the residential as also other buildings in the City of Mumbai.”
2. Regular Monitoring: The State was ordered to provide updates on March 15, 2024, by the High Court bench comprising of Chief Justice Devendra Kumar Upadhyaya, & Justice Arif S. “The Court had noted the timeline as given by the learned Additional Government Pleader for finalization of regulations and issuance of final notification under Section 37 of the Maharashtra Regional and Town Planning Act, 1966, according to which final notification to be issued upto 20th May 2024.”
3. On October 9, 2024, the High Court bench comprising of Chief Justice Devendra Kumar Upadhyaya, & Justice Arif S. ordered “On the next date, the Court may consider passing order stopping all permissions for development being granted by different Planning Authorities/Corporations at least within the city of Mumbai.” This statement reflects the High Court's inclination to potentially halt all new development permissions within Mumbai. Such a step may arise from concerns related to unchecked urbanization, environmental impact, infrastructure strain, or violations of planning regulations.