Overview of Fire NOC
Fire Accidents can easily result in serious human injury and property damage. Fire-related incidents or mishappenings are not always predictable and are often unexpected and sudden. Fire accidents can be caused due to defective smoke detectors, damaged wiring, flawed products. Therefore, it is prudent and necessary for every resident or business to take all the required precautions to avoid fire accidents.
The increasing growth in the property sector and its flexible legal system has increased the fraudulent practices in matters related to purchase of property. The Government concerned in this matter has taken steps for prevention of any fire related incidents such as mandating Fire Department NOC for some specific class and also ordered to scrutinise each document of the property before completion of any property deal.
What is a Fire Department NOC?
For avoiding any future mishappening or conflagration, which can ensue in injuries or damage to the human and property, it is obligatory to take a right caution, i.e., to obtain a Fire NOC from the Fire Department of the respective state in which the said building is situated.
Fire Department NOC (No Objection Certificate) is the certificate issued by the Fire Department of the particular state after examining and verifying the building’s fire assistance and the machinery installed for fire safety. The mechanism installed must meet all the standards and guidelines prescribed for fire safety issued by the BIS (Bureau of Indian Standards). Hence, a Fire NOC is mandatory and compulsory to make sure the safety of both people and the business in the building. A Fire License also ascertains there are no or less probabilities of fire outbreak in the building.
Which Law Governs Fire Department NOC?
In India, the regulations that are governing Fire Department NOC are covered under the purview of the 12th Schedule of the Indian Constitution, which comes under the ambit of the various municipalities.
The Fire and related activities are governed and administered by the State Governments under the Municipal By-Laws or State Regulations.
What is the need to obtain a Fire License?
The following listed are the reasons justifying the need for obtaining Fire NOC:
- Getting a Fire License is a mandatory and compulsory requirement for those who are willing to apply for a trade license to the civic body in a respective state.
- In India, Fire NOC is one of the essential requirements specified by the Fire Department for carrying out any trade or business activities.
- Fire NOC guarantees that safety precautions and measures are duly incorporated for safeguarding and protecting people in building against any hazard.
What are the Causes of Fire Accidents?
The causes of fire and fire-related accidents are explained below:
- Human Error and General Negligence
One of the significant causes of Fire Accidents is the General Negligence and Human Error. Human Error and General Negligence includes leaving the switch of lights and electrical appliances on. Ignorance in incorporating the safety measures which can prevent conflagration such as fire extinguisher not installed in the working area, not abiding by the instructions concerning to smoking restrictions, and not detecting the blazes in a correct place.
- Ignorance while using Ignitable and Flammable Materials
Thousands of chemicals and substances are used as Ignitable and Flammable products. Any kind of ignorance or mishandling while using these chemicals and substances results in a high risk of fire. It is necessary to abide by the OSHA Guidelines to avoid the fire accident caused by these materials.
- Breakdown of Electrical Wires
Most cases of fire accidents happen due to the breakdown of electrical wires. Major fire-related accidents are reliant upon electrical fire as it is a frequent basis of ignition for a significant fire. Establishing an electrical safety program is the only way out to avoid the fire accident due to the breakdown of electrical fire.
Categories for which a Fire NOC can be Obtained
The categories for which a Fire NOC can be acquired is listed below:
- Residential Apartment buildings;
- Educational Institutes;
- Telephone Exchange;
- Custodial institutions;
- Hospitals and Sanatoria;
- Multiplex buildings;
- Mercantile buildings;
- Industrial buildings with low/moderate/high hazard;
- Assembly buildings;
- Corporate buildings;
- Storage buildings with high hazards.
What are the Types of NOCs issued by the Fire Department?
There are two types of NOCs issued by the Fire Department. They are:
- Provisional Certificate
Once the verification of fire safety measures is done by the Fire Inspector. The Fire Department will then issue a Provisional NOC (No Objection Certificate). Provisional NOC acts as a fire safety certificate temporarily issued by the department, subject to the compliance made by the owner according to the recommendation made by the department. Provisional NOC is valid for a certain period in which the owner requires to prepare and comply with all the recommendations.
- Final No Objection Certificate (NOC)
Once the inspection is complete, the authority will again test and certify that the owner is abiding by all the recommendations, and all the installations are functioning in satisfactory condition. After that, the fire department will issue a Final No Objection Certificate, which will be valid for one year starting from the date of issue. However, the said NOC is required to be renewed each year by applying to the India Fire Department.
What are the Checklist for Acquiring Fire License from the Fire Department?
The following listed are the checklists to be followed at various stages for obtaining fire department NOC:
- The application must provide the information such as the business establishment's address, nature of the business, contact details, etc., duly signed by the concerned business owner.
- Sanctioned Site Plan or Building Plan showing the fire-fighting system's installation shall be annexed with an application.
- Within ten days after the receipt of the application for the Fire NOC, a Technical Officer from the Fire and Emergency Department will visit the site for carrying out a Fire Safety Audit of the said premise. He will issue a Provisional NOC to the business.
- Suggestions and Recommendations issued by the Fire Department shall be adhered to by the owner. The business owner is required to submit a compliance report to the Fire and Emergency Department.
- Upon the receipt of the declaration and compliance report by the owner, the technical officer will again visit the site. He will re-inspect the site and shall again forward his recommendation and opinion to the head of the Fire Department for providing a Final NOC.
- After approving the application filed, the Department’s head shall then issue a Final NOC to the business owner.
What are the Documents needed to obtain a Fire NOC?
The documents required for obtaining Fire NOC from Fire Department are as follows:
- A copy of the Building Plan Layout issued by the Building Authority, comprising the Site Plan, Layout Plan, Analysis Report, etc.
- Building Model.
- Checklist with filled in a questionnaire.
- Certified checklist of the building issued by architect.
- A copy of the Aadhar and PAN Card of the applicant.
- A Photograph of the full building clicked from outside.
- Building Stability Certificate.
- The Building plans must contain all the information as prescribed by the bye-laws.
- Electric Wiring- Quality and the Completion Certificate from a recognized authority.
What is the Procedure to obtain a Fire Department NOC?
The following listed are the steps involved in the procedure to obtain a Fire Department NOC:
- The business owner can apply for the Fire NOC either online by visiting the official website of the particular state or offline just by submitting the physical application form to the Chief Fire Officer or the Fire Service Department for getting a Fire Clearance Certificate.
- Whether the application is submitted offline or online, it must be accompanied by all the required documents.
- After the application's receipt, the Chief Fire Officer (CFO) forwards the same application to the concerned Fire Inspector of the particular state, having the jurisdiction of a respective state.
- The concerned Fire Inspector will visit the premises and verify all the equipment and machinery installed together with the requisite arrangement for the Fire Safety.
- The Inspector of the Fire Department of the respective state will issue a Fire Clearance Certificate after duly inspecting the premises and satisfying that all the Fire Mechanisms are found properly installed, and all the safety measures are equipped in a building.
- Once the No Objection Certificate is issued, it will remain valid for:
- For commercial
- For residential
- For commercial
How to obtain Renewal of NOC Certificate?
The provisions concerning the Renewal of NOC Certificate are as follows:
- Application for the renewal must be made to the concerned state authority of the fire department to which the previous application was submitted.
- The renewal application will be attached with the declaration certified by the competent authority that all the necessary electrical installations are duly installed and are in proper condition.
- If the business owner fails to apply for the Fire NOC renewal within the prescribed time limit, he shall be levied with the following charges:
- If delay is for seven days
- If delay is for 7 to 15 days
Rs. 5 per day.
- If delay is beyond 15 days
Rs. 15 per day.
- If delay is for seven days
What is the Prescribed Government Fee for obtaining Fire NOC?
The department does not charge any fees for issuing Fire Department NOC. Thus, it is a no-cost legal compliance for ensuring the safety and protection of the public.
How much Time is Required for obtaining Fire Department NOC?
The Fire Department takes approximately three to four weeks to grant Fire NOC (No Objective Certificate) starting from the date of receipt of the application provided that all the declarations made and information given is true and accurate.
Frequently Asked Questions
Yes, the applicant must acquire Fire NOC (No Objection Certificate) to obtain Fire License in India.
A Fire NOC is a certificate issued by the State Fire Service Department. The main aim of this NOC is to declare that a building is fire resistant and is unlikely to face any fire-related accidents.
The Deputy Chief Fire Officer (DCFO) is the head of the Fire Prevention Wing. Further, the DCFO is assisted by the DFO (Divisional Fire Officer) and Station Officer.
The Fire Service Department of the respective state has the power to grant Fire NOC (No Objection Certificate). For example, in the case of Delhi, the Delhi Fire Services is the concerned authorised authority.
The Fire Department takes approximately 3 to 4 weeks time to issue a Fire NOC (No Objective Certificate), starting from the date of receipt of the application. However, all the declarations made and the information given by the applicant must be true and accurate.
The Fire Department does not charge any fees for the issuance of Fire Security Certificate or Fire Department NOC. That means it is a no-cost legal compliance for ensuring the safety and protection of the public.
In case a business owner fails to apply for the Fire NOC renewal within the prescribed time limit, then he/she will not be levied with any charges for the first 7 days. However, he/she will be charged Rs 5 per day if the delay is for 7 to 15 days and Rs 15 per day if the delay is beyond 15 per day.
The various causes of Fire Accident include general negligence and human error; Ignorance while dealing with Flammable and Ignitable Material; Break Down of Electrical Wires.
In India, the regulations that are governing Fire Department NOC are covered under the purview of the 12th Schedule of the Indian Constitution, which comes under the ambit of the various municipalities. Further, the Fire and related activities are governed and administered by the State Governments under the Municipal By-Laws or State Regulations.
The different types of NOC issued by the authority are Provisional Certificate and Final NOC (No Objection Certificate).
The documents required to obtain Fire NOC in India are a copy of the Building Plan Layout issued by the Building Authority, comprising the Site Plan, Layout Plan, Analysis Report, etc.; Building Model; Checklist with filled in a Questionnaire; Certified checklist of the Building issued by Architect; a copy of the Aadhar and PAN Card of the applicant; a Photograph of the full building clicked from outside; Building Stability Certificate; and Electric Wiring- Quality and the Completion Certificate from a recognized authority.
The categories for which a Fire NOC is issued are Residential Apartments, Hotels, Educational institutes, Hospitals, Multiplexes, Corporate buildings, Storage Buildings having high hazards, Industrial Buildings, and Assembly buildings.
A Fire NOC (No Objection Certificate) is valid for a period one year, i.e., it needs to be renewed every year.
Occupancy NOC (No Objection Certificate) is a License granted after the completion of the construction of the building. Further, this license will be granted only after the Fire Inspector inspects that all the provisional NOC compliances are complied with.
The two main advantages of obtaining a Fire NOC are preventing any mis-happening occurred due to the fire outbreak and ensuring safety for both company and people working in it.