New Delhi, Stating that the safety of people, staff and patients is of utmost importance, the Delhi High Court has directed the authorities to constitute a joint committee to inspect the various nursing homes in the city with regard to the compliance with fire safety regulations.
Justice Sanjeev Narula also asked a sub-committee constituted by the Delhi government in 2019 to review the status of nursing homes with respect to compliance with various laws, including fire prevention, to "expeditiously conclude" deliberations and submit a report. final to the court. .
Addressing a petition from a nursing home association, the court took into account recent incidents of nursing home fires and failures in fire safety compliance, saying the immediate priority is to ensure that basic safety equipment fire protection is installed in said homes. premises to keep people safe."Respondent No. 2 (Directorate General of Health Services, Government of Delhi) and 3 (Delhi Fire Services) along with respondent No. 4 – Delhi Development Authority, must constitute a Joint Committee for the inspection of all nursing homes that are members of Petitioner No. 1, within a period of two weeks from today The Petitioners shall provide a list of all member nursing homes to Respondent No. . 2," the court said in its order approved on July 3.
"The safety of the public, particularly staff and patients enrolled in nursing homes, is of utmost importance. Accordingly, the court's immediate priority is to safeguard public safety and ensure that basic fire safety equipment is installed, as required by law.
In the order, the court said that after the inspection, the committee will have to formulate a "comprehensive report" on all non-compliance, except structural defects, of fire safety standards by the nursing homes. The court requested the report within four weeks from the date of inspection and clarified that if necessary, the committee will issue notices to the challenging nursing homes regarding the non-compliances and also suggest alternative corrective measures and also give a time period reasonable to ensure compliance. .
The court added that the government subcommittee report must also contain "alternative remedial measures" for infrastructure deficiencies in nursing homes so that an effective mechanism can be established while safeguarding public interest.
"Given the importance of the matter, especially the ramifications of inadequate compliance with fire safety norms, the court requests the sub-committee to expeditiously conclude its deliberations and submit a final report to the court," it said, asking the Delhi government's lawyer to inform you of the queries on the next date of hearing. In its petition filed in 2022, the petitioner, the Delhi Medical Association, challenged an August 2019 communication issued by the Directorate General of Health Services requesting the Fire Service of Delhi to conduct an audit of fire safety measures employed by all private hospitals and nursing homes in Delhi.
The petitioner said he represented the interests of private nursing homes in Delhi and argued that the mandate to obtain a fire safety certificate does not extend to nursing homes run on "mixed-use" land in residential areas.
He claimed that the authorities wrongly consider these nursing homes as "institutional buildings" and insist on requiring a fire safety clearance before renewing registration. On the other hand, the Delhi government's lawyer said that under the applicable rules , institutional buildings with a height of more than 9 meters or consisting of a ground floor and two upper floors are likely to cause fire hazards, and since nursing homes and hospitals are "institutional occupancy buildings below 15 meters high", must obtain a fire safety certificate.
The court noted that under the National Building Code of India, hospital and nursing home premises less than 15 meters high must be equipped with fire extinguishers, first aid hose reels, wet lifts, fire hydrants. garden, automatic sprinkler systems, Manually operated electronic fire alarm, automatic detection and alarm system, underground static water tank and terrace tanks.
The petitioner stated that, in compliance with legal obligations, the nursing homes that are part of his association have provided these services in their facilities, but his complaint concerned infrastructural requirements, such as underground water tanks and the expansion of stairs and hallways."Despite the petitioners' claims about the challenges in implementing infrastructure modifications, in order to evaluate the current provisions for fire safety, the court considers it appropriate to order an inspection of the nursing homes who are part of the association of Petitioner No. 1." the court opined.
"Recent fire incidents in nursing homes, as highlighted by (Delhi government lawyer) Mr (Avishkar) Singhvi, have brought to the fore significant failures in fire safety compliance," he said.
The matter would be heard on October 14.
Justice Sanjeev Narula also asked a sub-committee constituted by the Delhi government in 2019 to review the status of nursing homes with respect to compliance with various laws, including fire prevention, to "expeditiously conclude" deliberations and submit a report. final to the court. .
Addressing a petition from a nursing home association, the court took into account recent incidents of nursing home fires and failures in fire safety compliance, saying the immediate priority is to ensure that basic safety equipment fire protection is installed in said homes. premises to keep people safe."Respondent No. 2 (Directorate General of Health Services, Government of Delhi) and 3 (Delhi Fire Services) along with respondent No. 4 – Delhi Development Authority, must constitute a Joint Committee for the inspection of all nursing homes that are members of Petitioner No. 1, within a period of two weeks from today The Petitioners shall provide a list of all member nursing homes to Respondent No. . 2," the court said in its order approved on July 3.
"The safety of the public, particularly staff and patients enrolled in nursing homes, is of utmost importance. Accordingly, the court's immediate priority is to safeguard public safety and ensure that basic fire safety equipment is installed, as required by law.
In the order, the court said that after the inspection, the committee will have to formulate a "comprehensive report" on all non-compliance, except structural defects, of fire safety standards by the nursing homes. The court requested the report within four weeks from the date of inspection and clarified that if necessary, the committee will issue notices to the challenging nursing homes regarding the non-compliances and also suggest alternative corrective measures and also give a time period reasonable to ensure compliance. .
The court added that the government subcommittee report must also contain "alternative remedial measures" for infrastructure deficiencies in nursing homes so that an effective mechanism can be established while safeguarding public interest.
"Given the importance of the matter, especially the ramifications of inadequate compliance with fire safety norms, the court requests the sub-committee to expeditiously conclude its deliberations and submit a final report to the court," it said, asking the Delhi government's lawyer to inform you of the queries on the next date of hearing. In its petition filed in 2022, the petitioner, the Delhi Medical Association, challenged an August 2019 communication issued by the Directorate General of Health Services requesting the Fire Service of Delhi to conduct an audit of fire safety measures employed by all private hospitals and nursing homes in Delhi.
The petitioner said he represented the interests of private nursing homes in Delhi and argued that the mandate to obtain a fire safety certificate does not extend to nursing homes run on "mixed-use" land in residential areas.
He claimed that the authorities wrongly consider these nursing homes as "institutional buildings" and insist on requiring a fire safety clearance before renewing registration. On the other hand, the Delhi government's lawyer said that under the applicable rules , institutional buildings with a height of more than 9 meters or consisting of a ground floor and two upper floors are likely to cause fire hazards, and since nursing homes and hospitals are "institutional occupancy buildings below 15 meters high", must obtain a fire safety certificate.
The court noted that under the National Building Code of India, hospital and nursing home premises less than 15 meters high must be equipped with fire extinguishers, first aid hose reels, wet lifts, fire hydrants. garden, automatic sprinkler systems, Manually operated electronic fire alarm, automatic detection and alarm system, underground static water tank and terrace tanks.
The petitioner stated that, in compliance with legal obligations, the nursing homes that are part of his association have provided these services in their facilities, but his complaint concerned infrastructural requirements, such as underground water tanks and the expansion of stairs and hallways."Despite the petitioners' claims about the challenges in implementing infrastructure modifications, in order to evaluate the current provisions for fire safety, the court considers it appropriate to order an inspection of the nursing homes who are part of the association of Petitioner No. 1." the court opined.
"Recent fire incidents in nursing homes, as highlighted by (Delhi government lawyer) Mr (Avishkar) Singhvi, have brought to the fore significant failures in fire safety compliance," he said.
The matter would be heard on October 14.