- Recent fire incidents in Karnataka, including the fire at Sukha Sagar Metro Mall (Hubballi), the tile factory fire at Hoige Bazar (Mangaluru), and the commercial complex fire in Jayanagar (Bengaluru), highlights that there are gaps in fire safety preparedness and regulatory compliance across commercial and industrial establishments. These incidents underscore a broader concern, as fire accidents across India are becoming increasingly common amid the rapid growth of commercial establishments, rising urban density, and widespread non-compliance with fire safety compliances. Despite the increasing risk, fire safety often ends up being treated as an afterthought rather than a priority. Fire safety is prioritized below the profits of the business, and unlike other compliances, is complied with sparsely. Every year, India witnesses fire accidents that lead to tragic loss of life, significant property damage, and major disruptions to business operations.
- Despite the relevant Governmental Authorities having taken multiple steps towards legislating stricter framework towards fire compliances, the social capital towards such safety still remains scarce. Companies, do not view such safety measures, beyond the annual returns / NOCs which needs to be obtained. In today’s age, where countless human lives are lost in fire accidents, it becomes the responsibility of the society at large to ensure that fire safety goes beyond an NOC or a fire extinguisher in a building.
- Through this letter, we made certain recommendations to the regulatory framework governing Fire Prevention and Life Safety (“FPLS”) in the State of Karnataka. If incorporated, these measures would strengthen the existing framework by introducing more stringent provisions aimed at reducing the risk of fire accidents and establishing a robust compliance mechanism.
- Currently, at the State level, the following legislations have been enacted in the State of Karnataka:
- Karnataka Fire Force Act, 1964 (“Karnataka Fire Act”)
- Karnataka Fire Force Rules, 1971
- Industrial or Commercial Fire Precautions Manual Notification dated 20th September 1971
- Notification No. HD 33 SFB 2011, Bangalore, dated 7-7-2011
- Karnataka Fire Force (Amendment) Act, 2023
- At present, fire safety in the State of Karnataka is primarily governed by the Karnataka Fire Act, as amended in 2023, read with the Karnataka Fire Force Rules, 1971. Apart from the Karnataka Fire Act, the State Government has also issued certain notifications and manuals governing fire safety compliance, including the following:
- Industrial and Commercial Fire Precautions Manual Notification dated 20th September 1971 – This Manual prescribes detailed requirements relating to FPLS measures across different types of establishments. The requirements are conditionally applicable, depending upon the nature of the industry or establishment, and contain specific technical requirements such as the dimensions of exit doorways, hose reel distribution systems, placement and capacity of fire buckets, and other prescribed fire safety infrastructure.
- Notification dated 7th July 2011 – This notification imposes specific fire safety requirements on buildings situated within Bengaluru or any other city in the State of Karnataka.
- The State of Karnataka, through notification issued in 2011 (under Section 13 of the Karnataka Fire Act and pursuant to the order passed by the Hon’ble High Court of Karnataka at Bengaluru, on 06.06.2011) has strengthened the laws around fire safety. Additionally, the recent 2023 amendment to the Act has further ensured that the norms around fire safety are kept up to date. However, despite taking the required legislative steps, it seems that the fire safety still remains scarce.
- In addition to the above, at the Central level, the Bureau of Indian Standards has issued the National Building Code (“NBC”), which was recently revised in 2016. The NBC prescribes detailed standards and guidelines relating to fire prevention, fire protection systems, and life safety requirements for buildings. Notably, Part 4 of the NBC specifically addresses “Fire and Life Safety.” In addition to the NBC, the Ministry of Urban Development has issued the Model Building Bye-Laws, 2016 (“Model Bye-Laws”), which is intended to serve as a guiding framework for State Governments, Urban Local Bodies, Town Planning Authorities, and other relevant authorities for drafting, updating, and harmonizing their respective building bye-laws.
- The Ministry of Home Affairs, recognizing the evolving role of fire and emergency services and the increasing complexity of fire safety challenges, revised the earlier Model Bill titled “Maintenance of Fire Force of the State” (1958) and introduced a revised Model Bill titled the “Model Bill to Provide for the Maintenance of Fire and Emergency Services for the State” in 2019 (“Model Bill 2019”). The Model Bill 2019 was approved by the Ministry of Home Affairs in consultation with the Ministry of Law and Justice and was subsequently circulated to all States and Union Territories, with a request to review, revise, or enact their respective fire safety and fire services legislations in alignment with the provisions of the Model Bill 2019.
- Upon perusing the above mentioned legislations, we made a few recommendations or points to consider, in order to make the State of Karnataka safer from fire hazards
- The 2011 Notification requires any high rise building, having a height of 15 meters or more to obtain a NOC from the Karnataka State Fire and Emergency Services Department. However, under the 2023 Amendment to the Karnataka Fire Act, a “high-rise building” is defined as a building having a height of 21 meters or more, irrespective of its occupancy. This delivers the idea that any building between the heights of 15 meters and 21 meters need not obtain this NOC. Karnataka, as a whole is undergoing a fast pace development, in terms of infrastructure. High rise buildings, especially in Bengaluru, are seen as normal. No height is less anymore. In this regard, ensuring that maximum number of buildings shall obtain NOC should be the aim. A clarification in regards of whether the a high – rise building with a height of less than 21 meters and more than 15 meters should obtain an NOC would be beneficial.
- Further, a part of the 2011 notification only mentions compliances pertaining to the City of Bengaluru. However, we request you to issue a notification clarifying on what specific provisions are for Bengaluru and what others are to be applied throughout the state. This would ensure that the stakeholders and the building owners are aware on the exact compliance framework applicable to them.
- Additionally, we recommended the State to either organize general fire safety awareness programs, in order to ensure that the social capital around fire safety increases.
- At this stage and with the changes in climate becoming a major issue globally, we also recommended regular surprise inspections to be conducted with more frequency, in order to ensure that the building owners are, at all times prepared and complied with the regulatory framework.
- Additionally, we also believe that the provisions of the Karnataka Fire Act itself be comprehensively strengthened and aligned with the Model Bill 2019, in order to ensure strengthened compliance framework around fire safety. Robust and clearly articulated provisions in the Act, with strict enforceability, would ensure that fire safety compliance obligations are effectively imposed and implemented. This would not only minimize the risk of loss of life and property due to fire incidents but also bring greater clarity and certainty to the compliance framework governing FPLS in Karnataka.
