With a view to strengthening fire safety systems in a modern, efficient and citizen-centric manner in a developed urban area like Chandigarh, the Central Government has extended the provisions of the Haryana Fire and Emergency Services Act, 2022 to the Union Territory of Chandigarh, with suitable modifications.
The extension has been made through a notification issued under Section 87 of the Punjab Reorganisation Act, 1966. This is in accordance with the established practice of extending suitable State legislations to Chandigarh, which does not have its own legislature.
At present, fire safety in Chandigarh is governed by the Delhi Fire Prevention and Fire Safety Act, 1986 (as extended to Chandigarh). However, in view of evolving urban requirements, expanding commercial activity and the need for contemporary fire safety standards, it was considered necessary to adopt an updated and comprehensive legal framework.
The Haryana Fire and Emergency Services Act, 2022 as extended to Chandigarh is aligned with the Model Fire Service Bill, 2019 and the Government of India’s deregulation initiatives being implemented to further the objectives of Ease of Living and Ease of Doing Business.
So far, 12 States have adopted the model law by enacting new legislation or amending their existing fire service laws, while reforms are under process in 16 States/Union Territories. Amongst the Union Territories, Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, while Jammu & Kashmir and Puducherry are in advance stages of implementing these reforms.
The key provisions of the Act, along with the benefits to residents and businesses in Chandigarh, are as follows:
Modern legal framework: The Act replaces the existing outdated law with a comprehensive and contemporary legal framework for fire safety and emergency services, which is better suited to the needs of a planned urban area like Chandigarh.
Reduced compliance burden through longer validity of Fire Safety Certificate: The validity of Fire Safety Certificate has been increased to five years, which will reduce the need for frequent renewals and provide relief to commercial establishments, institutions and residential complexes.
Risk-based approach to fire safety: The Act adopts a modern approach wherein fire safety requirements are determined based on the nature and usage of the building, occupant load, evacuation capacity and available safety measures, rather than relying solely on rigid parameters such as building height. This enables more appropriate and effective safety provisions for different categories of buildings.
Professional and regulated compliance ecosystem: Provision for licensed agencies will facilitate professional assessment and certification of fire safety measures, improving quality of compliance and reducing procedural delays.
Streamlined approval and enforcement mechanism: Clearly defined roles of the Chief Fire Officer and authorities will lead to more transparent, time-bound and efficient approvals and enforcement.
Rationalised penalty framework: The Act provides for administrative penalties in place of stringent criminal provisions, enabling quicker enforcement while encouraging voluntary compliance.
Continuous safety through certification and inspections: Provisions for periodic certification and inspections will help ensure sustained compliance and improved safety of life and property.
Clear allocation of responsibilities: The roles and responsibilities of building owners/occupiers, licensed agencies and fire authorities are clearly defined, which will enhance accountability and reduce ambiguity.
Thus the extension of this law is expected to strengthen safety of life and property while providing a transparent and facilitative regulatory environment for residents, businesses and institutions.