EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 436 CUTTACK, WEDNESDAY, MARCH 6, 2019/FALGUNA 15, 1940

HOME DEPARTMENT

NOTIFICATION

The 6th March, 2019

S.R.O. No.91/2019.— In exercise of the powers conferred by Section 26 of the

Odisha Fire Service Act, 1993 (Odisha Act 30 of 1993), the Governor of Odisha hereby

makes the following rules to amend the Odisha Fire Prevention and Fire Safety Rules,

2017, namely :—

1. Short title and commencement:— (1) These rules may be called the Odisha

Fire Prevention and Fire Safety (Amendment) Rules, 2019.

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

Odisha Gazette.

2. In the said rules, (hereinafter called the Odisha Fire Prevention and Fire Safety

Rules, 2017), in rule 4 for sub-rule (2) shall be substituted namely:— “ The training fees to

be charged from the trainees other than personnel of Odisha Fire Service Organisation

will be fixed by the Director, from time to time, for undergoing training relating to the

prevention and extinguishment of fire”.

3. In the said rules, in rule 9 —

(a) for sub-rule following sub-rule shall be substituted namely:—

“(1) for the purpose of sub-section (1) of Section 10 of the Act, the following

classes of premises or occupancies are likely to have risk of fire,

namely :—”

“(a) Aerodromes, airports and airstrips;

(b) Cinema Halls and Multiplexes;

storage, transportation, display and sale etc.);

(d) Factories and Industries;

(e) Depot of Petroleum and other inflammable substances and

refineries (Storing, handling, refining, blending and retail outlets

etc.);

(f) All underground or partially underground structures of five

hundred square meters or above used for any purpose or

occupancy;

(g) Places of Assembly like Auditoria, convention halls, Assembly

halls, recreation halls etc. having a built up area of five hundred

square meters and above on any one or more floors where people

congregate or gather for amusement, recreation, social, religious

or any other similar purposes.

(h) Business or office buildings—

(i) having a height of twelve meters and above; or

(ii) having a built up area of five hundred square meters or

above;

(i) Clinical Establishments—

(i) clinical establishments having height of twelve meters and

above or’

(ii) functioning in buildings having more than three floors

including all underground, basement, stilt and mezzanine

floors or,

(iii) having more than thirty beds or,

(iv) having any Critical Care Unit.

(j) Educational Buildings—

(i) having a height of twelve meters and above or,

(ii) having a built up area of one thousand square meters or

above; or

(iii) having three storied building;

(k) Hotels, Lodgings and Guest Houses—

(i) having a height of twelve meters and above or,

(ii) having a built up area of five hundred square metersor

above,

(iii) of three Star and above categories,

(iv) having places of Assembly like Auditoria, Convention Halls,

Assembly Halls, Recreation Halls etc. of built up area of five

hundred square meters and above on any one or more floors

where people congregate or gather for amusement,

recreation, social , religious and similar other purposes;

(l) Malls, shopping complexes and mercantile buildings—

(i) having a height of nine meters and above or,

(ii) having a built up area of five hundred square meters or

above,

(m) Residential Buildings (other than hotels, lodgings and guest

houses), having a height of fifteen meters and above;

(n) Temporary structures of one thousand square meters and above

where the congregation is two thousand or more;

(o) Warehouses or Storage area of five hundred square meters built

up area or above;

(p) Any other classes of buildings or premises notified by the State

Government from time to time”.

(b) For sub-rule(12) the following shall be substituted

“(12) In case of existing buildings constructed or occupied prior to

commencement of the Odisha Development Authority Act, 1982 on receipt

of an application from the owner of the building, without sacrificing

reasonable safety, the Director may grant exemption from the conditions

prescribed under these rules.

4. In the said rules, in rule 10 — (a) for sub-rule(1) following sub-rule shall be

substituted namely:—

“The person desirous to erect temporary structures over an area of one

thousand square meters or more or where the congregation of persons is more

than two thousand for the purpose of observance of festivities, for holding

commercial shows, melas, jatras, operas, temporary cinemas etc. or premises

where highly flammable or explosive materials are proposed to be used shall

apply along with the sketch map of proposed site with layout, means of access,

entrance, exit to Director, Fire Services or any other officers authorized by him

before seven days of construction for issue of Fire Safety Recommendation”

(b) In sub-rule(7) —

(i) for the figure, words, comma and bracket “Rs 10,000/- (Rupees ten

thousand)”, the words “five thousand rupees” shall be substituted; and

(ii) the phrase “out of which one third of the revenue so collected shall be

paid to the Welfare Fund of Odisha Fire Service” shall be omitted.

“Provided that in case the function is organized by any State Government

Department

or State

Government

Agencies

or Central

Government

Department or Central Government Agencies , no fee shall be payable”.;

and

(d) after sub-rule(10), the following sub-rule shall be inserted, namely:--“(11)

The Director of Fire Service shall have the discretionary power to reduce the

extent of the fees or exempt such fees completely in view of larger public

interest”.

5. In the said rules, in rule 13—

(a) for sub-rule 1 the following sub-rule shall be substituted, namely:—

sub-rule (5) of rule 12,

" the owner or developer or promoter or builder or occupier of premises as

specified in rule 9, shall apply in Form-III along with fire safety installation

plan and documents as prescribed in sub-rule (1) of rule 12 to the Director

or an officer authorized by him in this behalf through the appropriate

Licencing Authority or Developmental Authority as required or directly

along with fees as prescribed in sub-rule (2) of rule 14 for issue of Fire

Safety Certificate and such application may be made either by registered

post or in person or online”.

(b) For sub-rule 3 the following sub-rule shall be substituted namely:—

“(3)The Director, Fire Service or an officer authorized by him on his behalf,

on being satisfied about the adequacy and operability of Fire Prevention

and Fire Safety measures as mentioned in Form-IV may issue Fire Safety

Certificate in Form-V within eighteen days of receipt of his application and if

not found satisfactory, he may require the owner to rectify deficiencies or

shortage or recommend to provide such additional measures as may be

necessary within a specified time”.

6. (i) In the said rules in rule 22, after sub-rule (4), the following sub-rule shall be

substituted namely:—

"(5) The State Government in Home Department shall have the power to

review any decision taken by the Director of Fire Services or any other

authority on his behalf and to pass suitable instructions relating to any or all

provisions of these rules".

[No.10573–HOME-FS-MISC-0089/2018/H.]

By Order of the Governor

ASIT TRIPATHY

Additional Chief Secretary

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 2387-173+300