This blog is in continuation of our blog on check list for warehouses. In this blog we are sharing our thoughts on most critical part of compliance i.e. Fire NoC. While we engage with SCM team of on the requirement of Fire NoC, the most common answer is “Fire NoC not required as the height of warehouse/Building is less than 15 mts.”

This is view is correct only from the limited prospective. Imagine someone storing 1000 filled LPG gas cylinders in a warehouse having height of less than 15 mts. So going with the view Fire NoC is not required. Criteria of 15 mts are mentioned in laws relating to fire and safety of few states or building bye laws.

However what we fail to appreciate that how legislatures have taken such a limited view on such critical aspects which directly impacts the life and security of Human beings. But legally legislatures have provided for Fire NoC and safety measures by way various statutes and are not limited building bye laws or Fire Safety laws.

In simple terms key aspects to keep in mind for Fire NoC besides height of the of the building are as under:

1. Products manufactured/traded/stored/consumed in the premises are flammable or not?
2. Type of the business activity i.e. Manufacturing , Trading or Service
3. Conditions of land allotment letter or lease deed

If you are storing any flammable substances, the while you take approval under following statutes, Fire NoC and compliance of National Building Code are integral part:

1. The Petroleum Act, 1934;
2. The explosive Substance Act, 1908 ; or
3. Gas Cylinders Rules, 2016

Similarly if you are applying for factory license then Fire Noc is a primary requirement. Now this requirement of Fire NoC is irrespective of height of the building.

Our humble submission is that we should take more holistic view while are addressing sensitive matters like Fire NoC. Every year Fire results substantial loss of life and property. So we should not only obtain Fire NoC but also have provisions for Fire safety keeping in view the type of business activity and quantity of flammable material.

Disclaimer: This is an effort by Lexcomply.com to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.

CS Gaurrav Jaiin

He carries over 21 years of experience of providing advisory services around Corporate Law Compliances, Due Diligence, FIPB, Venture Capital Fund, Joint Ventures, Equity Participations, NGOs, etc. He was one of the founding members of RSJ Professionals which serves 500+ corporate clients for various advisory services. He brings with himself a strong understand of laws and nuances related to managing compliance in Indian corporates.

Gaurav is a Fellow Member of ICSI and holds Bachelors in Law.