Clinical establishments can apply for exemption under amended fire safety rules if existing prior to the regulations, as ruled by the court.

JUDGMENT :

B.P. Routray, J.

1. Heard learned counsel for respective petitioners, Mr. D. Nayak, learned AGA for State – opposite parties in all the above matters, Mr. M.K. Panda, learned counsel for Berhampur Development Authority and Mr. R. Sahoo, learned counsel for Berhampur Municipal Corporation.

2. All the four writ petitioners are the clinical diagnostic centers / nursing homes established as per the licenses granted under the Odisha Clinical Establishment (Control and Regulation) Act, 1990. The common issue involved in all the writ petitions is relating to grant of fire safety certificate. All the petitioners have prayed to exempt them from the requirement of the Odisha Fire Prevention and Fire Safety Rules, 2017 by virtue of the amended provisions inserted in 2025.

3. Rule 9 of the Odisha Fire Prevention and Fire Safety Rules, 2017 (hereinafter referred as „2017 Rules‟) prescribes the classes of premises or occupancies likely to cause risk of fire, which includes all clinical establishments. Sub-Rule 12 of Rule 9 prescribes that in case of existing buildings constructed or occupied as per approval prior to commencement of 2017 Rules, the Director may grant exemption from the conditions prescribed under these rules with reasons to be recorded in writing, without sacrificing reasonable safety, on receipt of an application from the owner of the building. By virtue of 2025 Amendment Rules, notified on 17^th March 2025, inter alia, a new sub-Rule 13 was inserted to Rule 9 , prescribing as follows:-

“(13) In case of existing buildings constructed or occupied after 1982 and prior to the commencement of the Odisha Fire Prevention and Fire Safety Rules, 2017, on receipt of an application from the owner of the building, without sacrificing reasonable safety, the Director may grant exemption from the condition of plan approval of the building as required in Form III and IV.”

4. The common grievance of all the petitioners, who are clinical establishments, that, their respective buildings / establishments were inspected by the Fire Officer upon their application after commencement of 2017 Rules and certain deficiencies have been pointed out, whereas the amended sub-Rule (13) of Rule 9 prescribes for exemption from the approval required in terms of Form-III & IV. According to the petitioners these clinical establishments exist after 1982 but before commencement of 2017 Rules and so the exemption clause applies to their case.

5. On the other hand Mr. Nayak, learned AGA, submits as per the counter affidavit that none of the petitioners have applied for exemption after commencement of the 2025 Amendment Rules. Therefore, they need to apply for exemption in accordance with such amended provisions which is to be verified and considered in accordance with law.

6. It is admitted by all the petitioners that they have not made any application for exemption after commencement of the amended rules, but they all had made the applications initially and accordingly the buildings were inspected and certain deficiencies have been noticed by the concerned authorities. It is also agreed by learned counsels for all the petitioners that such deficiencies as noticed in their respective buildings / establishments cannot be cured at present since those buildings / establishments are already there prior to commencement of 2017 Rules.

7. In view of such facts as submitted by the parties that their buildings / establishments are existing after 1982 and functioning prior to commencement of 2017 Rules, the petitioners are permitted to make application for exemption in terms of Sub-Rule (13) of Rule 9 of 2017 Rules, as amended in the year 2025, within a period of 45 days from today. In such event, the competent authority under 2017 Rules sh