No fire law? Borrow a weak one Jharkhand and Bihar yet to put in place stringent prevention rules A.S.R.P. MUKESH

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No fire law? Borrow a weak one Jharkhand and Bihar yet to put in place stringent prevention rules

A.S.R.P. MUKESH

Ranchi, Dec. 13: Eleven years after its formation, Jharkhand is still dependent on Bihar's archaic and ineffective fire safety law and hence its watchdog department is a toothless tiger whose occasional roar is at best a whimper in the face of blatant disregard to even a basic regimen to minimise damage in case of an exigency. The loss of precious lives in the mind-numbing tragedy at AMRI Hospitals in south Calcutta, the recent Bhubaneswar fire at the directorate of agriculture and food production and last year's blaze at Mumbai's corporate hub Bandra have done nothing to jolt the people of Jharkhand as well as the government out of their collective slumber. A bill titled Jharkhand Fire Services Act, 2007, has been pending for the last five years and those in the know say it primarily deals with the administrative aspect of imposing a fire safety code without going into details of punitive action in case of non-compliance. Now, senior fire department officials claim they are drafting a separate proposal that seeks more legal teeth, but admit they are unsure how long it will take the government to okay it. "Almost every state has an independent fire services act but Jharkhand doesn't. Hence, our existence has no meaning as neither can we do anything against defaulters nor can we raise our concern without being asked to," state fire officer Suresh Prasad told The Telegraph. The role of NBC (National Building Code, amended in 2005), with 11 sections, including one dedicated to "fire and life safety" (part 4), is advisory in nature. States are meant to frame their own laws based on parameters set by it. "It's like a doctor's prescription. Heed it if you like, or else chuck it. A doctor can't sue you for not adhering to his recommendations. We are no less than that doctor," Prasad explained. The Bihar Fire Services Act (1948), which Jharkhand follows as per Section 86 of Bihar Re-organisation Act, 2000, that allows it to adopt the neighbouring state's law till such time it frames its own law, does not clearly define the powers of the state fire department, which means it is ineffective in ensuring compliance. No wonder, a majority of Ranchi's buildings lack proper fire safety mechanism. Fire audits are rarely performed. In the state capital, for instance, only two hospitals are in possession of NOCs from the department. Prasad said they had started putting their heads together to frame a comprehensive proposal for a stronger law. "The pending Jharkhand Fire Services Act, 2007, mostly contains modifications and amendments about the administrative set up. What we are now talking about is a Fire Prevention Act, which sets detailed parameters on fire safety in a building and also elaborates on punishment in case of non-compliance," he said. Even Bihar is yet to clear its own Fire Prevention Act, 1988. The Jharkhand fire services department will now form an experts' committee to frame the new proposal. "For, unless the fire department is made an independent authority with proper powers, fire violations will continue to get ignored," Prasad added. As of now, the fire department steps in only when the civic or administrative agency responsible for passing building plans — Ranchi Municipal Corporation in case of the state capital — seeks its intervention. "But after that, nobody is aware whether there is compliance or not. That's where the problem is," said another senior fire department official. The building bylaws of RMC, which has been passing building plans for a little over a year now, talk of fire safety measures but it is hardly effective in the long run. Deputy CEO Gopalji Tiwari explains the procedure. "While passing plans, we invite comments from the fire department. Under Section 236 of the RMC Act, a builder has to seek a certificate, or NOC, from the department. We send an inspection team in seven days for a physical verification of compliance concerning building laws, fire safety, water and electricity etc." What about buildings approved by Ranchi Regional Development Authority — the agency empowered to run checks before RMC — which have no fire safety measures in place? "We can't do anything," admits Tiwari. "The fire department should take action." But the state fire department can do little. The only way out, it seems, is to invoke the RMC's powers to dismantle/seize any building considered to be a threat to life on the basis of complaints. This power is usually exercised in connection with dilapidated buildings. Rarely, if ever, is it used in the context of inadequate fire safety measures.