WHEREAS, it is expedient further to amend the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (Mah. III of 2007), for the purposes hereinafter appearing; it is hereby enacted in the Seventy-fourth Year of the Republic of India as follows:—

1. Short title and commencement.—(1) This Act may be called the Maharashtra Fire Prevention and Life Safety Measures (Amendment) Act, 2023.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Amendment of ## Section 2 of Mah. III of 2007.—In Section 2 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (Mah. III of 2007) (hereinafter referred to as “the principal Act”),—

(1) in clause (1), for the Explanation, the following Explanation shall be substituted, namely:—

“Explanation.—For the purposes of this Act, the expression “building” shall also include the temporary structure such as tents, shamiyanas and the tarpaulin shelters erected for temporary and ceremonial occasions;”;

(2) in clause (4), for the words “Fire Services” the words “Fire and Emergency Services” shall be substituted;

(3) after clause (4), the following clause shall be inserted, namely:—

“(4-A) “Fire and Emergency Services” means services required to be rendered by any local authority or planning authority or any other such authority notified by the State Government, in case of manmade or natural disaster or any eventuality, where the life or property is at risk;”;

(4) in clause (5), for the words and figures “National Building Code of India, 2005” the words “National Building Code of India” shall be substituted;

(5) for clause (6), the following clause shall be substituted, namely:—

“(6) “Licensed Agency” means a person or an association of persons licensed by the Director for undertaking or executing fire prevention and life safety measures or performing such other related activities required to be carried out under this Act;”;

(6) in clause (8), for the words and figures “National Building Code of India, 2005” the words “National Building Code of India” shall be substituted;

(7) in clause (9), for the words “and includes an officer nominated by a local authority or a planning authority” the words “or by a local authority or a planning authority” shall be substituted;

(8) for clause (14), the following clause shall be substituted, namely:—

“(14) “relevant municipal law” means,—

(a) the Mumbai Municipal Corporation Act (III of 1888);

(b) the Maharashtra Municipal Corporations Act (LIX of 1949);

3. Amendment of ## Section 3 of Mah. III of 2007.—In Section 3 of the principal Act,—

(1) in sub-section (1),—

(a) for the portion beginning with the words “Without prejudice to the provisions” and ending with the words “provisions of this Act or the rules”, the following shall be substituted, namely:—

“Without prejudice to the provisions of any law for the time being in force or the rules, regulations or bye-laws made thereunder or the National Building Code of India, relating to fire prevention and life safety measures, the owner, or where the owner is not traceable, the occupier of any building as classified in Schedule-I or part of any such building, shall obtain necessary Provisional Fire Safety Approval or Final Fire Safety Approval or Renewal of Fire Safety Approval, as the case may be, from the Chief Fire Officer of the concerned local authority or planning authority; and where there is no Chief Fire Officer in such area or in the area outside the limits of the local authority or planning authority, from the Director. The owner or occupier shall provide fire prevention and life safety measures as recommended in the respective Fire Safety Approval, which shall not be less than the minimum requirements of fire safety installations prescribed in Part 4 of the National Building Code of India or any relevant Part thereof and as specified against such building in Schedule-I as applicable from time to time and shall maintain the fire prevention and life safety measures in good repair and efficient condition at all times, in accordance with the provisions of this Act and the rules made thereunder:”;

(b) after the proviso, for the Explanation, the following Explanation shall be substituted, namely:—

“Explanation.-For the purposes of this sub-section,—

(a) “Provisional Fire Safety Approval” means the recommendation given by the Director or Chief Fire Officer of the concerned local authority or planning authority as per the fire prevention and life safety measures as provided by or under this Act and the rules made thereunder at the time of building plan approval and before the construction thereof;

(b) “Final Fire Safety Approval” means the certificate issued by the Director or Chief Fire Officer of the concerned local authority or planning authority after ascertaining that the fire prevention and life safety measures are in accordance with Provisional Fire Safety Approval before granting building completion certificate or occupancy certificate by the appropriate authority;

(c) “Renewal of Fire Safety Approval” means the renewal of a certificate issued by the Director or Chief Fire Officer of the concerned local authority or planning authority:

Provided that, renewal certificate shall be issued by the said authority, if required or mandatory as per the relevant Acts, Rules, etc.”;

(2) after sub-section (1-A), the following sub-sections shall be inserted, namely:—

“(1-B) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act or any other law for the time being in force,—

(a) buildings above 30 meters in height but not exceeding 45 meters in height may be permitted in the areas of Municipal Corporation and Special Planning Authority, in case of occupancies specified as (B) in Schedule-I, that is to say Educational Buildings, if such building fulfils the minimum requirements of fire prevention and life safety measures as recommended in the respective Fire Safety Approval and which shall not be less than the minimum requirements for fire fighting installations specified in the Schedule-I;

(b) in areas outside the limits of the Municipal Corporation and Special Planning Authority, the State Government may permit the authority empowered to sanction the construction plan on its request, to issue such certificate, in respect of buildings exceeding 30 meters in height in case of occupancies specified as (B) in Schedule-I, that is to say Educational Buildings, if such buildings fulfils the minimum requirements of fire prevention and life safety measures as recommended in the respective Fire Safety Approval and which shall not be less than the minimum requirements for fire fighting installations specified in Schedule-I;

(1-C) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act or any other law for the time being in force, building above 15 meters in height but not exceeding 24 meters in height, Multi-Level Car Parking (MLCP) upto 45 meters, Mechanised Automated Car Parking attached to minimum one side of the building or stand alone structure upto 100 meters, or any such other structure used for utility purpose such as storage of Diesel Generators (DG) Sets, may be permitted, in case of occupancies specified as (H) in Schedule-I, that is to say storage buildings, if such buildings fulfils the minimum requirements of fire prevention and life safety measures as recommended in the respective Fire Safety Approval and which shall not be less than minimum requirements of fire fighting installations specified in Schedule-I.”;

(3) after sub-section (3), the following sub-section shall be inserted, namely:—

“(3-A) For the building as specified under Section 45, the owner, or where the owner is not traceable, the occupier of a building, shall ensure that the fire fighting systems as recommended in the relevant Fire Safety Approval, is provided with automated continuous monitoring system as may be prescribed for ensuring that the fire fighting systems are in good repair and efficient working condition and these shall be certified by the Licensed Agency in the prescribed form and the manner and shall submit the same to the concerned authority in the manner as may be prescribed.”.

4. Amendment of ## Section 9 of Mah. III of 2007.—In Section 9 of the principal Act,—

(1) for the words “Chief Fire Officer”, wherever they occur, the word “Director” shall be substituted;

(2) in sub-section (2), for the words “a court-fee stamp of five rupees” the words “such court-fee stamp as may be prescribed” shall be substituted;

(3) in sub-section (3), for the words “one year” the words “two years” shall be substituted;

(4) sub-section (5) shall be deleted.

5. Amendment of ## Section 10 of Mah. III of 2007.—In Section 10 of the principal Act, in sub-section (1), in the proviso, for the words “Chief Fire Officer” the word “Director” shall be substituted.

6. Amendment of ## Section 11 of Mah. III of 2007.—In Section 11 of the principal Act,—

(1) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:—

“(1) With effect from the date of commencement of the Maharashtra Fire Prevention and Life Safety Measures (Amendment) Act, 2023 (Mah. XXIV of 2023), and subject to the provisions of this Act, there shall be levied a Fire and Emergency Service Fee, for the purposes of this Act on all owners or occupiers, as the case may be, of buildings as classified in Schedule-II (hereinafter, in this Chapter, referred to as “the said Schedule”), within the areas of a local authority or a planning authority (hereinafter, save as otherwise mentioned, throughout in this Act, collectively referred to as “the Authority”), or other areas, to which this Act applies.

(2) The rate of such fee, in respect of each type of building situated within the area of any of the Authority and the areas to which this Act applies, shall be such as specified in Schedule-II.”;

(2) in sub-section (3),—

(a) for the words “The Authority may” the words “The Authority, and in the areas outside the limits of the Authorities to which this Act applies, the Director may” shall be substituted;

(b) in the proviso,—

(i) for the words “the Authority may” the words “the Authority, and in the areas outside the limits of the Authorities to which this Act applies, the Director may” shall be substituted;

(ii) for the words “the minimum rate specified in the said Schedule” the words “the rate specified in the said Schedule” shall be substituted;

(3) in sub-section (4),—

(a) after the words “the Authority” the words “or the Director” shall be inserted;

(b) for the words “Fire Services” the words “Fire and Emergency Services” shall be substituted.

7. Amendment of ## Section 12 of Mah. III of 2007.—In Section 12 of the principal Act,—

(1) after sub-section (1), the following sub-section shall be inserted, namely:—

“(1-A) The Director, on receipt of an application or suo moto, before enhancing or reducing the enhanced rate and levying the fee at such rate, shall obtain the previous sanction of the State Government to the proposal.”;

(2) in sub-section (2), after the words “the Authority” the words “or the Director” shall be inserted;

(3) in sub-section (3), in clause (a), after the words “The Authority” the words “or the Director” shall be inserted;

(4) in the marginal note, after the word “Authority” the words “or Director” shall be inserted.

8. Amendment of ## Section 13 of Mah. III of 2007.—In Section 13 of the principal Act,—

(1) in sub-section (1), for the portion beginning with the words “the minimum fees specified” and ending with the words “Parts of the said Schedule” the words and letters “the fees specified against each type of building in the said Schedule” shall be substituted;

(2) in sub-section (2), for the words “The Authority may” the words “The Authority, and in the areas outside the limits of the Authorities to which this Act applies, the Director may” shall be substituted.

9. Amendment of ## Section 14 of Mah. III of 2007.—In Section 14 of the principal Act,—

(1) in sub-section (1), for the words “the Authority”, at both the places where they occur, the words “the Authority, and in the areas outside the limits of the Authorities to which this Act applies, the Director” shall be substituted;

(2) in sub-section (2), for the words “the Authority”, wherever they occur, the words “the Authority, and in the areas outside the limits of the Authorities to which this Act applies, the Director” shall be substituted;

(3) in sub-section (4), for the words “the Authority”, wherever they occur, the words “the Authority, and in the areas outside the limits of the Authorities to which this Act applies, the Director” shall be substituted;

(4) in sub-section (6), for the words “the Authority”, at both the places where they occur, the words “the Authority, and in the areas outside the limits of the Authorities to which this Act applies, the Director” shall be substituted;

(5) in sub-section (7), in clause (b), for the words “the Authority” the words “the Authority, and in the areas outside the limits of the Authorities to which this Act applies, the Director” shall be substituted.

10. Amendment of ## Section 16 of Mah. III of 2007.—In Section 16 of the principal Act,—

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

“(1) Where it appears to the State Government that the balance of the Fire Protection Fund of any Authority or Director is insufficient for meeting any expenditure required to be incurred for purchasing and maintaining fire fighting equipments and property and for maintenance thereof or for creating posts of officers, staff and servants for meeting the requirements to provide Fire and Emergency Services or generally, for performance of fire fighting operations; or that such balance is more than the requirements for the purposes aforesaid, the State Government may, by notification in the Official Gazette, require the Authority or Director to enhance the rate of fee or reduce the enhanced fee, if any, at such rate as may be specified in the said notification.”;

(2) in the marginal note, after the word “Authority”, the words “or Director” shall be inserted.

11. Amendment of Chapter V of Mah. III of 2007.—In Chapter V, for the heading “DIRECTOR of FIRE SERVICES” the heading “DIRECTOR of FIRE AND EMERGENCY SERVICES” shall be substituted.

12. Amendment of ## Section 18 of Mah. III of 2007.—In Section 18 of the principal Act,—

(1) in sub-section (1), for the words “Director of Fire Services” the words “Director of Fire and Emergency Services” shall be substituted;

(2) in sub-section (2), for the words “fire services” the words “Fire and Emergency Services” shall be substituted.

13. Amendment of ## Section 19 of Mah. III of 2007.—In Section 19 of the principal Act,—

(1) the words, brackets and figure “sub-section (3) of” shall be deleted;

(2) for the words “fire services” wherever they occur, the words “Fire and Emergency Services” shall be substituted.

14. Amendment of ## Section 21 of Mah. III of 2007.—In Section 21 of the principal Act,—

(1) in sub-section (1), for the words “fire services” the words “Fire and Emergency Services” shall be substituted;

(2) in the marginal note, for the words “fire services” the words “Fire and Emergency Services” shall be substituted.

15. Amendment of ## Section 22 of Mah. III of 2007.—In Section 22 of the principal Act,—

(1) for the words “Fire Service”, “fire service”, “fire services” or “fire service or services”, wherever they occur, the words “Fire and Emergency Services” shall be substituted;

(2) in the marginal note, for the words “Maharashtra Fire Services” the words “Maharashtra Fire and Emergency Services” shall be substituted.

16. Amendment of ## Section 24 of Mah. III of 2007.—In Section 24 of the principal Act, for the words “fire service” the words “Fire and Emergency Services” shall be substituted.

17. Amendment of ## Section 27 of Mah. III of 2007.—In Section 27 of the principal Act,—

(1) in sub-section (1),—

(a) for the words “of fire” the words “of fire or any emergency situation” shall be substituted;

(b) in clause (a), for the words “for extinguishing the fire or for saving life or property” the words “for extinguishing the fire or responding to any emergency situation for saving life or property” shall be substituted;

(c) in clause (b), after the words “fire is burning” the words “or any emergency situation has arisen” shall be inserted;

(d) in clause (c), after the words “extinguishing fire” the words “or dealing with any emergency situation” shall be inserted;

(e) in clause (e), after the words “fire-fighting” the words “or handling of any emergency situation” shall be inserted;

(f) in clause (f), for the words “extinguishing the fire or the protection of life or property” the words “extinguishing the fire or dealing with any emergency situation for the protection of life or property” shall be substituted;

(2) for sub-section (2), the following sub-section shall be substituted, namely:—

“(2) Any damage done to any premises or property, on the occasion of fire or any emergency situation, by members of the Fire and Emergency Services in the due discharge of their duties shall be deemed to be damage by fire or any emergency situation within the meaning of any policy of insurance against fire or insurance for any emergency situation.”;

(3) after sub-section (2), the following Explanation shall be added, namely:—

“Explanation.- For the purpose of this section, the expression “emergency situation” means any manmade or natural disaster or any eventuality where the life or property is at risk.”;

(4) in the marginal note, after the word “fire” the words “or any emergency situation” shall be added.

18. Amendment of ## Section 29 of Mah. III of 2007.—In Section 29 of the principal Act,—

(1) after the words “fire-fighting purposes” the words “or dealing with any emergency situation” shall be inserted;

(2) for the word “fires” the words “fires or any emergency situation” shall be substituted.

19. Amendment of ## Section 32 of Mah. III of 2007.—In Section 32 of the principal Act, in sub-section (1),—

(1) before clause (a), the following clause shall be inserted, namely:—

“(1-a) Fire Safety Approval issued under sub-section (1) of Section 3, or”;

(2) after clause (b), the following clause shall be inserted, namely:—

“(bb) order under sub-section (3) or (4) of Section 9, or”;

(3) after clause (c), the following clause shall be inserted, namely:—

“(d) order under sub-section (5) or (6) of Section 45-A;”.

20. Amendment of ## Section 33 of Mah. III of 2007.—In Section 33 of the principal Act, in clause (a),—

(1) for sub-clause (i), the following sub-clause shall be substituted, namely:—

“(i) under clause (1-a), (a), (b), (bb) or (d) of sub-section (1) of Section 32 is brought within thirty days from the date of issue of Fire Safety Approval or from the date of service of notice or the date on which the refusal is communicated to the appellant or from the date of issue of order;”;

(2) in the proviso, for the words “fifteen days” the words “thirty days” shall be substituted.

21. Amendment of ## Section 45 of Mah. III of 2007.—In Section 45 of the principal Act, in sub-section (1), the heading “Building with height more than 30 meters and used for” shall be numbered as clause (a) and after clause (a), as so numbered, the following clause shall be added, namely:—

“(b) Building used as,—

(1) residential building with height more than 70 meters;

(2) large oil and natural gas installation such as refineries, LPG bottling plant and other similar facilities;

(3) industrial building with moderate hazardous activities in nature having built up area 30,000 square meters or more and industrial building with high hazardous activities in nature having built up area of 10,000 square meters or more.”.

22. Insertion of ## Section 45-A in Mah. III of 2007.—After Section 45 of the principal Act, the following section shall be inserted, namely:—

“45-A. Fire and Life Safety Audit of certain buildings.—(1)(a) Fire and Life Safety Audit shall be carried out by the owner, or where the owner is not traceable, the occupier of a building, for all the occupancies mentioned in sub-section (1) of Section 45 by licensed Fire and Life Safety Auditor and such Fire and Life Safety Audit shall be carried out within a period of one year from the date of commencement of Maharashtra Fire Prevention and Life Safety Measures (Amendment) Act, 2023 (Mah. XXIV of 2023) and thereafter, once in every two years.

(b) The owner or occupier, as the case may be, shall furnish to the Director or Chief Fire Officer or the nominated officer, a certificate in the prescribed form issued by a licensed Fire and Life Safety Auditor regarding the evaluation of the fire prevention and life safety measures in his such building or part thereof, as required by or under the provisions of this Act or rules made thereunder.

Explanation.—For the purposes of the Act, the expression “Fire and Life Safety Audit” means the evaluation of fire prevention and life safety measures required as per prevalent Acts or rules or National Building Code of India in force.

(2) The Director may grant any person or association of persons as he thinks fit, a licence to act as a Fire and Life Safety Auditor for the purposes of this Act possessing such qualifications and experience as may be prescribed.

(3) The duties and responsibilities of such auditor shall be such as may be prescribed.

(4) Any person intending to have or renew such licence shall apply to the Director in the prescribed form and in the prescribed manner. Such application shall bear such court-fee stamp as may be prescribed and shall be accompanied by the prescribed fee.

(5) On receipt of such application, the Director may, after holding such inquiry as he deems fit, either grant the licence in the prescribed form for a period of two years or renew the same for a like period or, for reasons to be recorded in writing, by order refuse to grant or renew the licence.

(6) Where the Director has reason to believe that any person to whom a licence has been granted has contravened any provisions of this Act or of the rules made thereunder or failed to comply with the conditions of the licence or is unfit by reason of incompetency, misconduct or any other grave reason, the Director may, after giving reasonable opportunity to show cause, for reasons to be recorded in writing, by order suspend or cancel the licence.

(7) No person other than a licensed Fire and Life Safety Auditor shall carry out the work of fire audit or perform such other related activities required to be carried out in any place or building or part thereof.

(8) No Fire and Life Safety Auditor or any other person claiming to be such Fire and Life Safety Auditor shall give a certificate under sub-section (1) regarding the evaluation of the fire prevention and life safety measures are in good and efficient condition, without there being actual such fire prevention and life safety measures.”.

23. Insertion of ## Section 48-A in Mah. III of 2007.—After Section 48 of the principal Act, the following section shall be inserted, namely:—

“48-A. Power to amend Schedule-I.—(1) Where the State Government is satisfied that it is necessary or expedient to do so, for the purposes of implementation of any Part of the National Building Code of India relating to protection of life and property, it may, by notification in the Official Gazette, amend Schedule-I and thereupon, the said Schedule shall be deemed to have been amended accordingly.

(2) Every notification issued under sub-section (1) shall be laid before each House of State Legislature.”.

24. Substitution of Schedule-I and Schedule-II of Mah. III of 2007.—For Schedule-I and Schedule-II appended to the principal Act, the following Schedules shall be substituted, namely:—

“SCHEDULE I

(See Section 3(1))

Minimum Requirement for Fire Fighting Installation

Sr. No.

Type of Building Occupancy

Type of Installation

Water Supply (in 1)

Pump Capacity (in 1/min)

Fire Extinguisher

First Aid Hose Reel

Wet Riser

Down Comer

Yard Hydrant

Automatic Sprinkler System

Manually Operated Electronic Fire Alarm Systems

(Note 1)

Automatic Detection and Alarm System

(Note 2)

Underground Static Water Storage Tank Capacity for one set of pumps

Terrace Tank

(Note 9)

Fire Pump Near Underground Static Water Storage Tank

Pump at the Terrace Tank Level

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

RESIDENTIAL BUILDINGS (A)

(a)

Lodging and Rooming Houses (A-1) and One or two Family Private Dwellings (A-2) (see Note 3(d))

(1)

Less than 15 m in height

R (Note 4)

5,000 (Note 5)

(2)

15 m and above but not exceeding 35 m in height

R (Note 4)

25,000

900

(3)

Above 35 m but not exceeding 45 m in height

R (Note 4, Note 15(a))

75,000

5,000

(Note 10)

(b)

Dormitories (A-3) Apartment Houses (A-4) (Notes 8 and 22)

(1)

Less than 15 m in height

R (Note 4)

5,000 (5000) (Note 6)

450 (450) (Note 6)

(2)

15 m and above but not exceeding 35 m in height

R (Note 4)

25000

900

(3)

Above 35 m but not exceeding 45 m in height

R (Note 4, Note 15(a))

75000

5000

(Note 10)

(4)

Above 45 m in height but not exceeding 60 m in height

R (Notes 15(a) and 15(b))

150,000

10,000

(Note 11)

(5)

Above 60 m in height

R (Note 15(b))

200,000

10,000

(Notes 12 and 13)

(c)

Hotels (A-5) (Notes 8 and 22)

(1)

Less than 15 m in height

(i) Floor area not exceeding 500 m2 on any of the floor

R (Note 4)

5,000 (5000) (Note 6)

450 (450) (Note 6)

(ii) Floor area exceeding 500 m2 but not more 1000 m2 on any of the floor

R (Note 4)

20,000 (5000) (Notes 6 and 7)

450 (450) (Note 6)

(iii) Floor area exceeding 1000 m2 on any of the floor

R (Notes 15(a) and 15(b))

100000

10000 (Note 4)

(Note(10)

(2)

15 m and above but not exceeding 30 m

R (Notes 15(a) and 15(b))

150,000

20,000

(Note 10)

(3)

Above 30 m in height

R (Notes 15(a) and 15(b))

200,000

20,000

(Notes 11 and 13)

(d)

Hotels (A-6)

R (Notes 15(a) and 15(b))

250,000

20,000

(Notes 12 and 13)

EDUCATIONAL BUILDINGS (B) (see Note 3(d) and 3(f))

(1)

Less than 15 m in height

R (Note 4)

10000 (5,000) (Notes 6 and 7)

450 (450) (Note 6)

(2)

15 m and above but not exceeding 24 m in height

R (Note 4)

25,000

900

(3)

Above 24 m but not exceeding 30 m in height

R (Note 4)

50,000

(5,000) (Note 6)

(Note 14)

(4)

Above 30 m but not exceeding 45 m in height (see note 3(f))

75,000

(10,000) (Note 6)

(Note 11)

450

INSTITUTIONAL BUILDINGS (C) (Notes 8 and 22)

(a)

Hospitals, Sanatoria and Nursing Homes (C-1) (see note 3(e))

(1)

Less than 15 m in height with plot area up to 1000 m2

(i) Up to ground plus one storey, with no beds

R (Note 4)

2500 (2500) (Note 6)

(450) (Note 6)

(II) Up to ground plus one storey with beds

R (Note 4)

5,000 (5,000) (Note 6)

450 (450) (Note 6)

(iii) Ground plus two or more storeys, with no beds

R (Note 4)

10,000 (5,000) (Note 6)

900 (450) (Note 6)

(iv) Ground plus two or more storeys, with beds

R (Noto 15(a) and 15(b)

50,000

10,000

(Note 10)

(2)

Less than 15 m in height with plot area more than 1000 m2

R (Notes 15(a) and 15(b)

1,00,000

10,000

(Note 10)

(3)

15 m and above but not exceeding 30 m in height

R (Notes 15(a) and 15(b)

150,000

20,000

(Note 10)

(4)

Above 30 m and not exceeding 45 m in height

R (Notes 15(a) and 15(b)

200,000

20,000

(Note 11)

(5)

Above 45 m in height (see note 3 (e)

R (Notes 15(a) and 15(b)

200,000+5000 per 5 m above 45 m

20,000+5000 per 5 m above 45m

(Notes 12 and 13)

(b)

Custodial (C-2), and Penal and Mental (C-3) (see note 3b)

(1)

Less than 10 m in height

(i) Up to 300 persons

R (Note 4)

10,000 (5,000) (Note 6)

450 (450) (Note 6)

(ii) More than 300 persons

R (Note 4)

15,000 (5,000) (Note 6)

900 (450) (Note 6)

(2)

10 m and above but not exceeding 15 m in height

R (Note 4)

100,000

5,000 (5,000) (Note 6)

(Note 10)

(3)

15 m and above but not exceeding 24 m in height

R (Notes 15(a) and 15(b)

150,000

10,000

(Note 10)

(4)

24 m and above but not exceeding 30 m in height

R (Notes 15(a) and 15(b)

200,000

20,000

(Note 11)

ASSEMBLY BUILDINGS (D) ((Notes 3b, 8 and 22)

(a)

Buildings (D-1 TO D-5)

(1)

Less than 10 m in height

(i) Up to 300 persons

R (Note 4)

20,000 (5,000) (Note 6)

450 (450) (Note 6)

(ii) More than 300 persons

R (Note 4)

25,000 (5,000) (Note 6)

900

(2)

Above 10 m but not exceeding 15 m in height

R (Notes 15(a) and 15(b))

100,000

5,000 (5,000) (Note 6)

(Note 10)

(3)

Above 15 m but not exceeding 24 m in height

R (Notes 15(a) and 15(b))

150,000

10,000

(Note 10)

(4)

Above 24 m but not exceeding 30 m in height

R (Notes 15(a) and 15(b))

200,000

20,000

(Note 11)

(b)

Buildings D-6

R (Notes 15(a) and 15(b))

200,000

20,000

(Note 12)

(c)

Buildings D-7

Ref: D-7 of Table 7 of Part 4 of National Building Code of India

BUSINESS BUILDINGS (E) (Notes 8 and 22)

(1)

Less than 10 m in height

R (Note 4)

10,000 (5,000) (Note 6)

450 (450) (Note 6)

(2)

Above 10 m but not exceeding 15 m in height

R (Note 4)

50,000

5,000 (5,000) (Note: 6)

(see Note 14)

(3)

Above 15 m and up to 24 m in height

R (Notes 15(a) and 15(b))

100,000

10,000

(Note 10)

(4)

Above 24 m and up to 30 m in height

R (Notes 15(a) and 15(b))

150,000

20,000

(Note 11)

(5)

Above 30 m in height

R (Notes 15(a) and 15(b))

200,000

20,000

(Notes 12 and 13)

MERCANTILE BUILDINGS (F) (Notes 3(b), 8 and 22)

(a)

F-1 and F-2

(1)

Less than 15 m in height

(i) Ground plus one storey, with total of all floor area not exceeding 500 m2

R (Note 4)

5,000 (5000) (Note 6)

450

(ii) Ground plus one storey and total of all floor area exceeding 500 m2

R (Note 4)

20,000 (5,000) (Note 6)

900

(iii) More than ground plus one storey

R (Note 4)

25,000 (5,000) (Note 6)

900

(2)

Above 15 m but not exceeding 24 m in height

R (Notes 15(a) and 15(b)

100,000

10,000

(Note 10)

(3)

Above 24 m but not exceeding 30 m in height

R (Notes 15(a) and 15(b)

200,000

20,000

(Note 11)

(b)

Undergrou nd shopping complex (F-3)

R (Notes 15(a) and 15(b))

150,000

10,000

(Note 11)

INDUSTRIAL BUILDINGS (G) (Notes 8 and 22)

(a)

Low Hazard (G-1) (Notes 3(c), 16(a) and 16(b))

(i) Aggregate floor area of the largest building within the plot upto 500M2

10000

(ii) Aggregate floor area of the largest building exceeding 500M2 but within 2000M2

25000

(Note 17)

(iii) Aggregate floor area of the largest building within the plot exceeding 2000M2 but within 5000M2

50000

(Note 17)

(iv) Aggregate floor area of the largest building within the plot exceeds 5000M2

(Notes 18, 19, 21(a) and 21(b))

(b)

Moderate Hazard (G-2) (Notes 3(c), 16(a) and 16(b))

(i) Aggregate floor area of the largest building within the plot upto 1000M2

50000

(Note 14)

(ii) Aggregate floor area of the largest building within the plot exceeding 1000M2 but within 2000M2

75000

(Note 14)

(iii) Aggregate floor area of the largest building within the plot exceeding 2000M2

(Notes 18, 19, 21a and 21b)

(c)

High Hazard (G-3) (Notes 3(a) and 16(c))

(Notes 18, 19, 21a and 21b)

STORAGE BUILDINGS (H) (see note 3c, 3d, 3g and 3h)

(1)

Below 15 meter in height and covered area less than 1000 m2

R (Note 4)

50000

(Note 14)

(2)

Below 15 meter in height and covered area more than 1000 m2

I. Ground floor only

(Notes 18, 19, 21(a) and 21(b)

II. Ground plus one floor

II. More than ground plus one floor

(3)

Above 15 m in height but not exceeding 24 m (see note 3(c) and 3(g)

(4)

Multi-Level Car Parking (MLCP) (see Note 3(d)

R (Notes 15(a) and 15(b)

150,000

(Note 11)

(5)

Mechanized Parking (automated) (see note 3(h))

R (see note 7)

50000

(Note 14)

HAZARDOUS BUILDINGS (J) (Note 3a)

(1)

Up to 15 m in height

(Notes 18, 19, 20, 21(a) and 21(b)

R - Required NR - Not Required

Notes	Requirements

1.	Manually Operated Electronic Fire Alarm System (MOEFA) System shall also include talk-back system and public address system in all buildings 15m and above in height, except for A-3 and A-4 occupancies where these shall be provided for buildings for height 24m and above. These shall also be provided in car parking areas more than 300 m2 and in multi-level car parking irrespective of their areas.
2.	Automatic detection and alarm system is not required to be provided in car parking area. Such detection system shall however be required in other areas of car parking such as electrical rooms, cabins and other storage areas.
3(a).	Buildings above 15 m in height are not to be permitted for occupancy Group J.
3(b).	Buildings above 30 m in height not to be permitted for Group C-2 and C-3, Group D and Group F occupancies.
3(c).	Building above 24 m in height not to be permitted for Group G (unless required for process purpose) and for Group H.
3(d).	Buildings above 45 m in height are not to be permitted for occupancies Group A-l and A-2, Group B and Group H-4 (MLCP).
3(e).	Building above 45m in height may be permitted for Group C-l occupancies, provided it complies or, is in consonance with the parameters laid down from time to time, by the National Fire Protection Association (U.S.A.) in respect of such occupancy.
3(f).	Only the building meant for educational purpose for higher secondary education and above and like shall be permitted above 30 m subject to availability of local firefighting facilities.
3(g)-	Storage building may be permitted above 15 m and not exceeding 24 m subject to availability of local firefighting facilities.
3(h)-	Automated Mechanized car parking or any such other structure used for utilities purpose such as storage of DG sets, not to be permitted above 100 meter or the maximum height permissible, whichever is less, as specified under building by-laws; subject to availability of local fire fighting facilities. If these structure are attached to the building, then said wall shall be dead wall with two hours tire resistant.
4.	Required to be installed in basement, if area thereof exceeds 200 m2.
5.	Required to be provided if basement area exceeds 200 m2.
6.	Additional value given in parenthesis shall be added if basement area exceeds 200 m2.
7.	Required to be provided for buildings with more than two storeys (Ground + one).
8.	In case, the complex consists of building(s) with occupancies having different classifications, fire protection systems shall be governed by the most restrictive provisions of the National Building code of India among those applicable for individual occupancies.
9.	Overhead tank of specified capacity (along with Terrace pump if applicable) as indicated under respective items in the table shall be provided for each building/tower. Whether the building(s)/tower(s) are situated attached or detached. Further the Tanks shall be connected to sprinkler systems, down comers and hose reels either directly or through terrace pumps as applicable in the table.
10.	One set of pumps shall be provided for each 100 hydrants or part thereof, with a maximum of two sets on same underground water tank. In this case, one set consisting of one electrically driven pump, one diesel driven standby pump (having a capacity of 2280 LPM) and one electrical driven Jockey pump (having a capacity of 180 LPM) shall be provided).
11.	One set of pumps shall be provided for each 100 hydrants or part thereof, with a maximum of two sets on same underground water tank. In this case, one set consisting of two electrically driven pumps (one each for Hydrant and sprinkler systems), having a capacity of 2280 LPM. One diesel driven common standby pump (having a capacity of 2280 LPM) and two electrically driven Jockey pump (having a capacity of 180 LPM, one each for Hydrant and sprinkler systems) shall be provided.
12.	One set of pumps shall be provided for each 100 hydrants or part thereof, with a maximum of two sets on same underground water tank. In this case, one set consisting of two electrically driven pumps (one each for Hydrant and sprinkler systems), having a capacity of 2850 LPM. One diesel driven common standby • pump (having a capacity of 2850 LPM) and two electrically driven Jockey pump (having a capacity of 180 LPM, one each for Hydrant and sprinkler systems) shall be provided.
13.	Lower levels in high rise buildings 60 m or above in height are likely to experience high pressure and therefore, it is necessary to consider multi-stage, multi-outlet pumps (creating pressure zones) or installation of pumps at one or more levels or variable frequency drive pumps or any other equivalent arrangement.
14.	One set of pumps shall be provided for each 100 hydrants or part thereof, with a maximum of two sets on same underground water tank. In this case, one set consisting of one electrically driven pump, one diesel driven standby pump (having a capacity of 1620 LPM) and one electrical driven Jockey pump (having a capacity of 180 LPM) shall be provided).
15(a).	Sprinklers shall be fed water from both underground static water storage tank and terrace tank when both are prescribed in the Table.
15(b).	Entire building(s) i.e. Common areas as well as Livable areas within shall be protected as per relevant Indian standards for automatic sprinkler system.
16(a).	Those industries which were defined or licensed as “Artisans workshops, Village and Cottage Industries, Tiny sector industries” by the Government of India shall need to provide only Extinguishers and Fire Buckets, their quantity and distribution shall comply with relevant Indian standards.
16(b).	Multiple Industrial occupancies in Industrial building (all in one building) shall be protected according to the requirements for “Moderate” hazard industries. No high hazard occupancies shall be allowed in such buildings.
16(c).	In case of high hazard industries like Petrochemical industries, Refineries and the like, in addition to compliance of requirements of above Table, compliance to statutory requirements like Oil Industries Safety Directorate and the like are mandatory.
17.	Entire occupancy shall be protected by one electric driven main pump of at least 900 LPM discharge capacity, one standby pump of similar capacity (with reliable back-up supply) and one jockey pump of capacity of at least 180 LPM.
18.	Entire occupancy shall be protected by hydrant, sprinkler, water spray, water mist, Gas based System, foam, fire alarm systems etc. as applicable in accordance with relevant Indian Standard Codes in all respects that include design and installation of pumps, pipelines etc.. See note 19 and 21 below.
19.	Certain occupancies may also be protected by Automatic water mist systems with appropriate (pressure) applications if such systems are evaluated/certified by recognised National/International agencies for such occupancies. Installation and design of such systems, besides complying with various provisions of Indian Standard - 15519, shall be as per manufacturers specifications, complying with test conditions and the same shall have acceptance of the authorities concerned. Extrapolation of test results shall not be allowed to provide protection to larger areas unless specifically permitted by the reputed testing agencies.
20.	Pump capacity for hydrant system shall be based on the covered area of the buildings i.e. for area upto 500M2 pumping should be @ 2.0 LPM/M2, for areas greater than 500M2 but upto 1000M2, pumping should be @ 2.5 LPM/M2. Areas more than 1000M2 are not acceptable unless there are fire separations equivalent to two hours. Entire hydrant and sprinkler systems shall be designed as per the relevant IS standards. See Notes 18, 19 and 21(a) and 21(b).
21(a).	For all occupancies under classifications A to J, pumping capacities and water requirements shall need to be provided wherever indicated in respective columns and Notes in the above Table. However, where pumping capacities and whatever requirements are not indicated in the respective columns, reference shall be made to the concerned Indian Standard (IS) Codes of practices for Hydrant/Sprinkler/Water spray etc. for details. In either case, Design and installation of systems like hydrant, sprinkler, spray systems etc. shall strictly be carried out as per provisions in respective Code of practices like IS-13039, IS-15105, IS-15325 etc.
21(b).	Where application of water as extinguishing medium is not appropriate due to the presence of water reactive materials or other valid acceptable reasons, a suitable alternative extinguishing system and method shall be provided in consultation with the appropriate authorities. Protection methods suggested shall be'in compliance with relevant Indian Standards in all respects. Other types of systems for fire alarms, Gas based Systems, etc. shall also be designed and installed as per relevant Indian standards in all respects.
22.	As per the requirement of local authority dry riser may be used in hilly areas, industrial areas or as required.

SCHEDULE II

(See Section 11)

Fire and Emergency Service Fee Structure

1. The Fire and Emergency Service Fee shall be levied as indicated in TABLE given below as per square meter of the built up area for the various categories of the building in accordance to percentage of the Annual Statements of Rates (ASR) as published under the provisions of the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995 made under the Maharashtra Stamp Act (LX of 1958).

TABLE

Sr. No.

Height of the Building in meters

Percentage of the Annual Statement of Rates (ASR)

Residential

Institutional

Commercial

Industrial

Building upto 45 m

Building above 45 m

0.25%

0.50%

0.75%

1.00%

0.75%

1.00%

2. The categorization of the occupancies in paragraph 1 above shall be as categorized in Part 4 of the National Building Code of India, regarding Fire and Life Safety, which are as follows:—

(a) “Residential Building” means Residential Occupancies as mentioned in Group A of Part 4 of the said Code except Sub-Groups A-5 and A-6 thereof, viz. Lodging, Boarding, Dormitories, Apartment, Multi-level car parking and Mechanized Automated Car Parking.

(b) “Institutional Building” means Educational Occupancies as mentioned in Group B of Part 4 of the said Code and Institutional Occupancies in Group C of Part 4 of the said Code, viz. School, College, University, Hospital, Nursing Home, etc.

(c) “Commercial Building” means Occupancies as mentioned in SubGroups A-5 and A-6 of Part 4 of the said Code and Assembly Occupancies in Group D of Part 4 of the said Code, Business Occupancies in Group E of Part 4 of the said Code and Mercantile Occupancies in Group F of Part 4 of the said Code, viz. Hotels, Eateries, Malls, Multiplex, Theatres, Shops, etc.

(d) “Industrial Building” means Industrial Occupancies as mentioned in Group G of Part 4 of the said Code, Storage Occupancies in Group H of Part 4 of the said Code (excluding Multi-level car parking) and Hazardous Occupancies in Group J of Part 4 of the said Code.

Notes: The fee for the above classification of the building shall be calculated as under:—

1. The fee after computing the necessary percentage of the ASR shall be multiplied by the built up area of the building under consideration for necessary approval.

2. For the purposes of assessment of fee, the built-up area shall be gross built-up area, which includes area of basement, easements, stilts, podium, staircases, lifts, lobbies, passages, balconies, cantilever portions, service floors, refuge areas, etc., as shown in the building plan certified by the Architect and submitted to the Authority alongwith the application for permission for construction of a building. The built-up area to be calculated for this purpose will have no relation with the floor space index or the built-up area calculated in any other manner.

3. The fees to be calculated shall be taken from lowest level to the last livable floors and not slab-wise while determining height of the building as indicated in TABLE.

4. For the purposes of assessment of fee, the Annual Statement of Rates published under the provisions of the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995 are the building construction rates issued by the Department of Registration and Stamps, Government of Maharashtra.

5. No fee shall be levied for the building identified as Sub-Groups A-2 and A-4 below 15 meters occupancies as per Part 4 of the National Building Code of India, Part 4 and for all those buildings identified in Section 15 of the Act.”.

Maharashtra Fire Prevention and Life Safety Measures (Amendment) Act, 2023
[Maharashtra Act 24 of 2023][11th May, 2023]

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Maharashtra Fire Prevention and Life Safety Measures (Amendment) Act, 2023[Maharashtra Act 24 of 2023][11th May, 2023]

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Maharashtra Fire Prevention and Life Safety Measures (Amendment) Act, 2023
[Maharashtra Act 24 of 2023][11th May, 2023]