The Chandigarh administration will now be empowered to levy a fire tax or cess on buildings that pay property tax under the municipal corporation. This follows the extension of the Haryana Fire and Emergency Services Act, 2022, to the Union Territory of Chandigarh.
Fire Tax Details
Under the new provisions, the fire tax will be charged as a percentage of the property tax. The rates will be determined by the administration from time to time, providing flexibility in implementation.
Major Overhaul of Fire Safety Framework
This move is part of a significant overhaul of Chandigarh's fire safety framework. It replaces the decades-old Delhi Fire Prevention and Fire Safety Act, 1986, which was previously in force in the city.
Extended Validity of Fire Safety Certificates
One of the key changes is the extension of the validity of fire safety certificates (FSCs). Previously valid for three years, FSCs will now be valid for five years. The law also clearly defines the powers and responsibilities of the Chief Fire Officer and other authorities, ensuring transparent and time-bound approvals and enforcement.
Rationalised Penalty Mechanism
A significant shift is the move towards a rationalised penalty mechanism. This relies more on administrative penalties rather than stringent criminal provisions. The aim is to promote voluntary compliance while enabling faster enforcement.
Role of Licensed Agencies
Licensed agencies will play a larger role in the professional assessment and certification of fire safety measures. This is expected to improve compliance and reduce delays. In exceptional cases, the Chief Fire Officer can authorise other persons to carry out the work.
Self-Certification Provision
A new self-certification provision has been introduced. Owners or occupiers must submit an annual self-declaration certificate confirming that the firefighting systems are in good condition and that there have been no unauthorised additions or alterations. The Fire Officer may conduct random checks to ensure compliance.
Modernisation and Better Protection
The reforms are expected to modernise fire safety enforcement, enhance preparedness, and ensure better protection for residents. At the same time, they streamline processes for building owners.
Risk-Based Approach to Fire Safety
The Act adopts a risk-based approach to fire safety. Norms will now be determined by factors such as the building's nature and use, occupant load, evacuation capacity, and existing safety measures, rather than rigid criteria like building height alone. Importantly, the height of a building by itself shall not constitute a limiting factor for approval.
Buildings Requiring Fire Safety Certificates
All high-rise buildings, except residential structures up to 16.5 metres, will require a fire safety certificate. Several categories of “special buildings” will also need mandatory FSCs. These include hotels, educational, institutional, business, mercantile, industrial, storage, hazardous, and mixed-occupancy buildings with a floor area exceeding 500 square metres on any floor. Educational and institutional buildings 9 metres and above, assembly buildings, structures with significant incidental assembly occupancy, and buildings with two or more basements (or one large basement over 500 sq m) are also covered.
Other Key Provisions
Charging for Fire Services
Provisions have been made for charging other government bodies or local authorities when Chandigarh's fire services are deployed beyond the UT's limits on their request. No charges will apply for operations within the state.
Compensation for Fire Personnel
The administration will provide adequate compensation to fire personnel who die or become permanently disabled while on duty.
Training Institute
The legislation enables the administration to establish a training institute for fire service personnel and private candidates from industries, high-rises, and other establishments.
Appointment of Fire Safety Officer
To ensure effective fire prevention and life safety measures, every owner or occupier shall appoint a Fire Safety Officer with prescribed qualifications and eligibility criteria.
This comprehensive update aims to strengthen fire safety in Chandigarh while reducing bureaucratic hurdles and encouraging compliance through modern, risk-based regulations.
