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FIRE SAFETY LEGISLATIONS AND NATIONAL BUILDING CODE OF INDIA, 2005: GROUND REALITY AND DESIRED IMPROVEMENTS

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PP: 95-99 ISSN No: 2320-7124 (Print)

FIRE SAFETY LEGISLATIONS AND NATIONAL BUILDING CODE OF INDIA, 2005: GROUND REALITY AND DESIRED IMPROVEMENTS

Neelam Rani

Assistant Professor (In Laws), GHG Institute of Law for Women, Sidhwan Khurd, Ludhiana, Punjab.

“Be careful of your wires; watch your chimney Too, You have seen disastrous fires, why let it happen to you.”

(Fire Prevention Week Slogan) Abstract

Modern cities with scientific and technological development are moving a lot with the presence of a number of multi-storey buildings, malls, multiplexes, etc. and hence are leading to fire problems. There was a vibrant increase in construction activities in India during the past decade, especially in high-rise buildings. Thousands of high rise buildings have been constructed in metropolitan cities and major cities in India and thousands are under construction. Due to its distinctive nature, fires in high-rise buildings in particular as well as in residential buildings become more complex and rescue work becomes more difficult and sometimes many deaths and huge property da mage also occur. The National Building Code, 2005 is a national instrument formulated by the Bureau of Indian Standards (BIS) which provides general standards for structural adequacy, design, fire hazards and health aspects of buildings. 'Part 4' of the National Building Code of India 2005 on 'Fire and Life Safety' covers the requirements of fire prevention and life safety in respect of fire and fire safety of all sections of buildings. Various State Governments and local bodies have incorporated several provisions of the Indian National Building Code, 2005 in their own building regulations

INTRODUCTION

Ever since mankind first began building structures out of wood rather than stone, fire has been a part of the learning process.

These infernos are so common throughout history that nearly every major city in the world has been largely burnt to the ground at one time or another in its history. For example, Constantinople was burned five times between 406 and 1204, like a damaged anthill, rebuilt each time, thereby setting the stage for the next great inferno.

These fires are man-made results of war, although most of the time nature in combination with poor construction techniques, the far-reaching use of flammable building materials, and the sheer lack of any capability to battle with these large blazes was the major problem. Death by fire is the worst possible scenario that could ever enter in one’s minds.

A few of these fires be noticeable in our memory, however, both for their size and some for having had a major role in shaping historical events. Fire can destroy homes, places of business, entire cities and forests, and most sometimes collectively take human life. Fires can be caused by natural events and/or human activities, such as earthquakes, lightning strikes, human error, and intentional arson.

History can never forget the major fire tragedies of Boston (1872), London (1212), London (1666), Rome (64 A.D.), Chicago (1871), San Francisco (1906), Peshtigo, Wisconsin (1871), Texas City, Texas (1947), and Tokyo, Japan (1923) at international level and Dayananda Anglo School, Mandi Dabwali Fire (1995), Uphaar Cinema Fire (1997), Erwadi Fire Incident (2001), Srirangam Marriage Hall Fire (2004), Kumbakonam Fire Tragedy (2004), Meerut Fire Tragedy (2006), North-East Delhi Fire Tragedy (2011), AMRI Hospital Kolkata Fire Tragedy (2011), Sivakasi Factory Explosion (2012), Kolkata Market Fire (2013), Kerala Temple Fire Accident (2016) at national level. However, list is endless.

In the modern scenario, technological developments led the modern cities to become much advance with the presence of number of multi-storeyed buildings, malls, multiplexes etc. and hence giving rise to fire-problems. Thousands of High Rise buildings have already constructed in metros and major cities in India, and thousands are under construction. Because of its peculiar nature, fire in residential buildings in particular, high rise buildings become more complex and the salvaging operations become more difficult and sometimes even resulting in many deaths and huge property losses

On an average, in India, every year, about 25,000 persons die due to fires and related causes. Female accounts for about 66% of those killed in fire accidents. It is estimated that about 42 females and 21 males die every day in India due to fire. According to the statistics released by the National Crime Records Bureau, fire accounts for about 5.9% (23,281) of the total deaths reported due to natural and un-natural causes during the year 2012. Probably many of these deaths could have been prevented, had we taken enough fire protection measures.

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Fire accident in buildings, establishments such as hospitals, commercial houses and high rise buildings have been found flouting fire safety norms which ultimately resulting into major fire tragedies. Awareness towards fire safety has not been quite forthcoming. The present paper focused on finding the reasons, frequency and giving protection to all type of buildings which in fact has became a challenge to the professionals and investigators. It has been further revealed that in most cases, fire occurred due to sheer negligence. In the past years many committees concerned with safety have developed a number of building regulations, codes and standards for the prevention of fire. The National Building Code of India (NBC), 2005 is a national instrument that guides the regulations for construction activity. It contains all the important aspects relevant for safe and orderly building development.

BUILDING AND FIRE LAWS: UNDER HISTORICAL AND INTERNATIONAL SCENARIO

King Hammurabi, who was the famous law-making monarch of Babylonian, reigned from approximately 1955 to 1913 B.C., is probably best remembered for the Code of Hammurabi, a statute primarily based on retaliation.

The following decree is from the Code of Hammurabi:

“In the case of collapse of a defective building, the architect is to be put to death if the owner is killed by accident; and the architect’s son if the son of the owner loses his life.”

The Code of Hammurabi symbolizes the early developments of requiring wellbeing in the Built-in environment. In the face of retaliation society seeks, rather, to prevent accidents and loss of life and property. In the face of vengeance, society wants to prevent accidents and loss of life and property. These objectives paved the way for rules and regulations that represent standards for today's code and built environment.

Arthur E. Cote and Casey C. Grant states that we can map out the earliest evidences of building laws which were alarmed the anticipation of collapse of buildings. During the speedy development of the Roman Empire under the reigns of Julius and Augustus Caesar, building collapse due to structural failure was recurrent. Many legislations in this regard were voted for that limited the heights of buildings, first to 70 feet (21 m) and then to 60 feet (18 m).

Arthur E. Cote and Casey C. Grant further states that during the fourteenth century in London, an ordinance was passed requiring that chimneys be built of tile, stone, or plaster; the ordinance outlawed the use of wood for this point. Among the first building ordinances of New York City was a related condition and among the foremost legislative acts of Boston was one requiring that be constructed of brick or stone and roofed with slate or tile rather than being built of wood and having thatched roofs with wood chimneys covered with mud and clay similar to those to which the early settlers had been accustomed in Europe.

To prevent the fire, the houseowners were fined 10 shillings to prevent chimney fire. This fine encouraged citizens to keep their chimneys free from soot and creosote. So it was first installed and implemented fire codes in the United States.

According to Arthur E. Cote and Casey C. Grant, the swift augmentation of early North American cities encouraged much speculative building and the structures by and large were built close to one another. Many insurance companies suffered great losses when fire spread out of control before the great Chicago fire of 1871.

The National Board of Fire Underwriters (NBFU) which renamed as the American Insurance Association (AIA) and finally become the American Insurance Services Group (AISG) was organized in 1866, began to emphasize safe building construction, control of fire hazards, and improvements in both water supplies and fire departments.

Finally to limit the risk of fire, the new tall buildings which were constructed of concrete and steel, were grouped as ‘Class A’

buildings. In 1905, the National Board of Fire Underwriters published the first edition of its Recommended Building Code which was later called as the National Building Code (NBC).

The fire damage caused by the San Francisco disaster in early 1906 and other major fires, the National Board of Fire Underwriters became convinced of the need for more comprehensive standards and codes relating to the design, construction, and maintenance of buildings which became the basis for the early codes and standards.

Later, three code organizations emerged and developed regionally in the United States as Building officials and Code Administrators (BOCA) in the Northeast, International Conference of Building officials (ICBO) in the West, and Southern Building Code Congress International (SBCCI) throughout the Southeast.and the American National Standards Institute (ANSI), in the United States.

THE INTERNATIONAL CODE COUNCIL

Wanda Edwards, PE. (2013) states that in 1994, the three code organizations began the consolidation process to form the International Codes Council (ICC), with the first edition of the International Codes published in 2000. ICC develops and publishes a comprehensive set of codes used to construct and maintain the built environment. The codes include: International Building Code, International energy Conservation Code, International existing Building Code, and International Fire Code etc.

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NATIONAL FIRE PROTECTION ASSOCIATION

The National Fire protection Association (NFPA) is another major code organization, which was founded in the United States in 1896, which publishes and constantly updates the majority of codes that form the basis for national, state, and local legislation.

NFPA creates many fire and electrical standards. NFPA 13 is the Standard for the Installation of Sprinkler Systems, NFPA 101 is the Life Safety Code, and NFPA 70 is the Electrical Code. In 2003, NFPA released NFPA 5000, a building code entitled Building and Construction Safety Code. (Wanda Edwards, PE. (2013).

CODE ACTION COMMITTEES

International Codes Council (ICC) created Code Action Committees (CACs) to encourage participation and discussion surrounding the code development process. There are four committees that have been created to address all 15 volumes of the codes namely Building Code Action Committee (BCAC), Fire Code Action Committee (FCAC), Plumbing, Mechanical, and Fuel Gas Code Action Committee (PMGCAC), Sustainability, Energy, & High-performance Building Code Action Committee (SEHPCAC).

BUILDING AND FIRE LAWS: UNDER NATIONAL SCENARIO BUREAU OF INDIAN STANDARDS

Bureau of Indian Standards has rendered invaluable service by producing large number of national standards, which are of direct relevance to the construction industry and some of them particular to the mitigation of disasters.

Fire Fighting Sectional Committee, CED 22 of BIS is engaged in formulation of Indian Standards on Fire Fighting equipments/extinguishers using water, carbon dioxide, foam, dry powder and halon as extinguishing agents. In view of the phasing out of halons as per Montreal Protocol, BIS has recently published various standards on halon alternatives. These are intended for use by the Fire brigades and other organizations.

BIS has formulated more than 100 standards on firefighting including standards on various types of fire tenders, fire engines, trailer pumps and high capacity portable pump sets etc. Fire Safety Sectional Committee, CED 36 of BIS has formulated a series

of Indian Standards pertaining to General requirements and specific to various buildings & industries.

The National Building Code of India (NBC), 2005

The National Building Code of India (NBC), 2005 is a national instrument that contains all the important aspects relevant for safe and orderly building development. The building that does not satisfy building code or violation of National building code will lead to penalty, cancellation of sanction or demolition of the building. The NBC gives detailed guidelines for Construction Materials, General Requirements for all buildings, Life Safety, Fire Protection, Specific Occupancy wise Requirements and specific requirements for buildings above 15 meters.

NATIONAL BUILDING CODE (PART 4) – FIRE PROTECTION

The ‘part 4’ of ‘National Building Code of India – 2005’ on ‘Fire & Life Safety’ covers the requirements for fire prevention & life safety in relation to fire and fire protection of buildings. As a major development, BIS has published NBC (Part 4) Fire Protection which includes comprehensive recommendation of minimum standards of fire protection.

It specifies the demarcation of fire zones, restrictions on construction of buildings in each fire zone, classification of buildings based on occupancy, types of building construction according to fire resistance of the structural and nonstructural components and other restrictions and requirements necessary to minimize danger to life from fire, smoke, fumes or panic before the building can be evacuated.

According to Jeff Danelek (March 18, 2011), various State Governments and Local Bodies have incorporated many of the provisions of the National Building Code of India, 2005, in their own building regulations. Maharashtra state is an excellent example which has not only adopted the provisions of National Building Code but also made it mandatory in its Fire Prevention &

Life Safety Measures Rules. The Maharashtra Fire Prevention and Life Safety Measures Rules 2009, framed under the Maharashtra Fire Prevention and Life Safety Measures Act 2006.

ELEMENTS RESPONSIBLE FOR FIRE TRAGEDIES

A survey on fire tragedies has find out following points for major fire incidents in India.

 Electrical short-circuits - results in an excessive electric current causing circuit damage, overheating, fire or explosion.

 Overloaded wires – results into overheat and damage to the wires’ insulation or a fire.

 Obstruction-free exit points.

 Combustible materials and inflammable debris kept in the building close to the places of potential fire outbreak.

 Cigarettes, matches, flames from stoves/candles, firecrackers and over-heating of gadgets.

 Hot and dry season from March to June add to the possibility of fire as also the careless use of electrical equipment,

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PP: 95-99 ISSN No: 2320-7124 (Print)

 Non Availability of Emergency lights and sign posts.

 Lack of proper Sound and Warning systems to convey the message in case of emergency.

 Space constraints for the entry and effective operation of firefighting vehicles and non-availability of water for contributing fire.

 Lack of smoke detectors, fire alarm, fire extinguishers, water buckets and fire drills.

IMPEDIMENTS IN FIRE FIGHTING AND IGNORANCE OF FIRE SAFETY REGULATIONS IN INDIA

 Unauthorized erections of temporary structures, such as pandals, tents, shamiana, etc. wherein electrical wires precariously hang on and are connected to the main in the adjacent building.

 Fire extinguishers are seldom found at such places.

 No check is being conducted to observe electrical and fire safety standards.

 A qualified or at least experienced electrician is rarely available in case of short circuit or other related matters.

 There is no adequate inspecting staff to visit and to keep a check on unauthorized acts/omissions or violations.

 Lack of coordination among various regulatory agencies of Government to give permission for erecting such structures.

 No proper care and attention is being given while granting the permission for construction of building or license for occupation and for renewal.

 No Regular visits by the concerned authorities to keep a check that any kind of combustible materials and inflammable debris are not kept in the building close to the places of potential fire outbreak.

 No regular check on the electrical installations and connections including wiring which is exposed to the risk of occurrence of short-circuit.

 No awareness and adequate training is imparted to the staff and occupants to use the fire-fighting kits and extinguishers in case of emergency.

 No Periodical inspections to rectify the crucial defects and potential sources of danger though that is a mandate as per the rule book.

 The punishments prescribed by the laws governing various aspects of safety and maintenance are not adequate and in any case they are not deterrent enough to exact compliance. The Management can very well pay a meager amount of fine and continue to violate the laws such as under the Cinematograph law.

 Lack of sufficient number of Fire Stations with adequate trained personnel and upgraded fire combating equipment.

 There is no training programme to the Fire and Building Inspectors or for Factories and Electrical Inspectors and Mine Safety Officers.

 Building collapses occur on account of weak foundations as no sufficient care is taken while granting permissions or to inspect during the construction stage. The architect, contractor and engineer engaged by the builder never try to comply with the provisions of National Building Code.

CLASSIFICATION OF BUILDINGS AS PER NATIONAL BUILDING CODE, 2005.

Group „A‟ Residential: Lodgings, Dwellings, Dormitories, Flats, Hotels.

Group „B‟ Educational: School, Colleges, Recreations.

Group „C‟ Institutional: Hospitals, Homes for aged, Orphanages, Jails, Mental Hospital, reformatories.

Group „D‟ Assembly: Theatres, Drama Hall, Assembly Halls, Auditorium, Exhibition, Restaurants, Place of workshop, Terminal etc.

Group „E‟ Business: Office, Labs, Computer Installations.

Group „F‟ Mercantile: Shops, Stores, Market.

Group „G‟ Industrial: Assembly Plants, Labs, Pumping stations, Refineries, Saw mills.

Group „H‟ Storage: All types of storages, Sheds, trucks & marine terminals, Garages, Hangars, Stables.

Group „J‟ Hazardous: Used to store highly combustible or explosive materials which may produce poisonous fumes or explosions or toxic etc.

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PP: 95-99 ISSN No: 2320-7124 (Print)

NATIONAL BUILDING CODE, 2005 VIS-A-VIS FIRE SAFETY NORMS FOR HIGH-RISE BUILDINGS (15 METRES AND ABOVE)

Fire safety guidelines have also been mentioned in the National Building Code of India. It has specific guidelines on how to regulate construction activities across the country. The information obtained from the office of the Karnataka State Fire and Emergency Services, Bangalore, and compilation from the National Building Code (NBC), 2005 has revealed some norms about the fire safety norms for high-rise buildings (15 metres and above).

Road width & building entrance: The road where a high-rise is constructed should not be less than 12 metres wide. This is to ensure easy movement of fire services vehicles in case of an emergency. This road should be hard-surfaced so as to withstand a minimum of 45,000 kgs, which is also the maximum weight of a fire engine. The entrance of these buildings needs to be a minimum of six metres wide.

A staircase is the only safe means of escape during fire emergencies. Lifts and escalators are not considered as exits. According to the norms, all high-rises must have a minimum of two staircases, each at a remote distance from the other.

Elevators Every high-rise should have a minimum of one lift (or elevator) which can carry eight persons or a maximum weight of 545 kgs. The landing doors of the lift enclosures should open into a ventilated lobby and have a 30-minute fire resistance. The exit from the lift lobby should be through a self-closing smoke-stop door of a 30-minute resistance.

Fire safety equipment Each high-rise should have fire extinguishers, hose reel, dry/wet riser, automatic sprinkler system, manually operated electric fire alarm systems, automatic detection and alarm system, underground static water storage tank, terrace tank, and so on.

CONCLUDING PART WITH SUGGESTIONS

Fire creates havoc-loss of lives, damage to plant and property, thereby a National loss. During the early stage of fire, our action plays an essential role in the safety of family, or colleagues and the amount of damage that occurs.

Fire Safety norms are required to be incorporated in the local building regulatory documents as mentioned in Part-IV of National Building Code, 2005

The provisions contained in the Code regarding the Fire Prevention, Life Safety and Fire Protection should be adopted by State Government, local bodies, Public works department, other government construction departments and other construction agencies.

REFERENCES

1. Arthur E. Cote and Casey C. Grant. Codes and Standards for the Built Environment. pp. 1-51. Retrieved from www.nfpa.org/~/media/files/forms-and- premiums/.../codesfph.pdf?la.

2. Bureau of Indian Standards. (2005). The National Building Code of India (NBC). New Delhi.

3. Jeff Danelek. (March 18, 2011). Top 10 Most Famous Fires in History. Retrieved from http://www.toptenz.net/top-10-most-famous-fires-in-history.php 4. Ministry of Home Affairs, National Disaster Management Division. Status Report on Standardization Efforts in the Area of Mitigation of Natural

Hazards. (p.1).Government of India.

5. Ministry of Home Affairs, National Disaster Management Division. Status Report on Standardization Efforts in the Area of Mitigation of Natural Hazards. (p.9). Government of India.

6. The worst Single Building Fires in History. Retrieved from http://www.worldatlas.com/articles/deadliest-single-building-fires-in-history.html.

7. Vittal Vaishnavi. (06 Apr 2010). Fire safety norms for city high-rises. Retrieved from http://bangalore.citizenmatters.in/articles/1915-fire-safety-norms- high-rise

8. Report on manmade Disaters. (2-3) (Jul 20, 2012). Law commission of india.

9. Retrieved from lawcommissionofindia.nic.in/reports/manmadedisaster.pdf

10. Law commission of india. (2- 3) (Jul 20, 2012). Retrieved from lawcommissionofindia.nic.in/reports/manmadedisaster.pdf.

11. R.R. Nair. (2013). Fire Safety in India - An overview, Industrial Safety Review. 8, 10.

12. Jeff Danelek. (March 18, 2011). Top 10 Most Famous Fires in History. Retrieved from http://www.toptenz.net/top-10-most-famous-fires-in- history.php.

13. Wanda Edwards, PE. (2013). The International Building Codes. 28th RCI International Convention and Trade Show (81).

References

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