केन्द्रीय सचू ना आयोग Central Information Commission बाबा गगं नाथ माग,ग मनु नरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 नितीय अपील संख्या / Second Appeal No. CIC/BISHQ/A/2024/631717 Shri Kavar Harshadbhai … अपीलकता/ग Appellant VERSUS/बनाम PIO, …प्रनतवािीगण /Respondent Bureau of Indian Standards Date of Hearing : 17.06.2025 Date of Decision : 17.06.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

RTI application filed on : 17.06.2024 PIO replied on : 24.06.2024 First Appeal filed on : 24.06.2024 First Appellate Order on : 23.07.2024

2ndAppeal/complaint received on : Nil Information sought and background of the case:

The Appellant filed an RTI application dated 17.06.2024 seeking information on following points:-

“My Below Question Is Related To National Building Code 2016 (Part 4) Fire And Life Safety.

1. Does The Table 7 Of Minimum Requirements For Fire Fighting Installations Apply To The Educational Buildings Whose All Floors Total Area Is Less Than 500 Square Meters, Hight Below 9 Meter And Having No Any Basement?”

The CPIO vide letter dated 24.06.2024 replied as under:-

“The information contained in the National Building Code of India (NBC) [a Special Publication of the Bureau of Indian Standards (BIS)] and its Amendment No. 1 be referred. See Note.

The applicability of Part 4 'Fire and Life Safety' of NBC 2016 is given in its clause '1 Scope' and its Note. Specific to Table 7 regarding Group B Educational Buildings, the requirements for firefighting installations are already listed in it for:

(i) Less than 15 m in height Ground plus one or more storeys (ii) 15 m and above but not exceeding 24 m in height (iii) Above 24 m but not exceeding 30 m in height.

The additional requirements for educational buildings given in clause 6 and 6.2 may also be referred.

Based on the decision of the technical committee it is to mention that the buildings not mentioned under clause 1 Scope also need to be planned as per Part 4; but those buildings mentioned under 1 Scope necessarily require NOC from local fire body of the respective states/UTs.

The Code is voluntary in nature and its enforcement depends on adoption by concerned parties or stipulations in a contract or by appropriate adoption by the concerned authorities.

Regulation of development and buildings is a State subject and is dealt by the States. through appropriate Acts/Rules/Regulations and by local bodies such as urban local bodies within their jurisdiction through building regulatory documents like building byelaws/fire regulations.

NOTE – The Indian Standards (IS) including Special Publications (SP) formulated by BIS are priced publications and the same may be accessed online from the BIS website www.bis.gov.in, and can be purchased from the BIS’ e-sale portal www.standardsbis.in or from any of our Sales outlets, details of which are also available in the website. The indigenous Indian Standards including NBC 2016 are available for free download from the e-sale portal”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 24.06.2024. The FAA vide order dated 23.07.2024 stated as under:-

“The information, as available in the records, was already provided timely by the CPIO in response to your RTI query.

Kindly note that the reply to your query which is interpretation/opinion related is not required to be provided under the RTI Act 2005.”

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Not present Respondent: Ms. Meenakshi Saluja, PA, Mr. Abhishek Pal, Sc D, Mr. Dheraj Damachya, Sc C- participated in the hearing.

The Respondent reiterated the averments made in their written submission and stated that the relevant information as available in their records has been duly provided to the Appellant. They averred that Indian Standards (IS) including Special Publications (SP) formulated by BIS are pr