Assam Mandates Third-Party Fire Safety Audits and Continuous Maintenance for Buildings

The Government of Assam issued the Assam Fire and Emergency Services (Amendment) Rules, 2025, a piece of delegated legislation, through a notification dated October 17, 2025. These rules, made in exercise of powers conferred by section 48 of the Assam Fire and Emergency Services Act, 1985, came into force on October 29, 2025, upon their publication in the Official Gazette. The amendments primarily aim to strengthen fire safety regulations across the state by introducing a robust system of third-party audits and mandating continuous maintenance of fire fighting systems in buildings and premises. The legislative changes affect building owners, occupiers, and the Fire and Emergency Services department, establishing new compliance requirements and enforcement mechanisms.

A significant change introduced by the rules is the insertion of a new definition for "Third Party Fire Safety Auditor" (TPFSA) in rule 2. A TPFSA is defined as any person or association not directly affiliated with building owners or occupants, tasked with providing an unbiased audit of installed fire fighting systems according to the National Building Code of India, 2016, and relevant BIS Standards or other approved codes. These auditors are to be empanelled and authorized by the Director, Fire and Emergency Services, Assam.

Further amendments were made to rule 18, where the term "No Objection Certificate" was consistently replaced with "Fire Safety Certificate" (FSC), reflecting a shift towards a more comprehensive and ongoing safety certification process. The rules also substituted "Deputy Commissioner" with "District Commissioner" in certain contexts and updated references to forms.

Crucially, the amendment introduced new rules 18A, 18B, 18C, and 18D. Rule 18A empowers the Director, Fire and Emergency Services, Assam, to empanel Third Party Fire Safety Auditors to verify the maintenance and functionality of fire fighting systems. The Government is tasked with notifying the qualifications, eligibility criteria, periodicity of audits, duties, fees, and other regulatory aspects for these auditors. The procedure for their engagement will also be notified by the State Government.

Rule 18B establishes a clear liability for building owners or occupiers, or both, to whom an FSC is issued. The legislation provided: “The owner or occupier or both of the building or premises, as the case may be, to whom Fire Safety Certificate is issued shall continuously maintain the installed fire fighting system in active and good working condition throughout the occupancy of the building or premises and the owner or occupier or both shall upload a duly filled and signed self declaration in the designated online portal along with the Fire Fighting System Maintenance Report submitted by the Third Party Fire Safety Auditor.” This provision underscores a shift from a one-time clearance to a continuous obligation for fire safety.

Rule 18C addresses non-compliance, stipulating that failure to upload the required self-declaration within a notified timeframe will result in a 30-day notice from the Nominated Authority. Continued non-compliance after this notice may lead to the cancellation of the Fire Safety Certificate, necessitating a fresh application. Rule 18D specifies that the effective date for the system of fire safety audits by Third Party Fire Safety Auditors will be notified by the Government based on a status report from the Director, Fire and Emergency Services, Assam.

Finally, Form G of the principal rules was also amended to reflect the change from "No Objection Certificate" to "Fire Safety Certificate" and to update the validity clauses. The Fire Safety Certificate will now be "valid until it is cancelled by the Competent Authority" and is "liable to be cancelled if the premises... are not found conforming to the description and condition under which this Fire Safety Certificate is granted."

The legislative intent behind these amendments is to significantly enhance fire safety standards and compliance mechanisms across Assam. The earlier legal position, which relied more on a "No Objection Certificate" system, likely presented limitations in ensuring ongoing maintenance and adherence to fire safety norms post-issuance. The introduction of Third Party Fire Safety Auditors addresses these gaps by bringing in independent, expert oversight to verify the functionality and maintenance of installed fire fighting systems. This move aims to ensure that buildings and premises not only meet safety standards at the time of certification but also continuously maintain them throughout their occupancy.

The policy rationale emphasizes proactive fire prevention and mitigation. By mandating continuous maintenance, self-declarations, and third-party audits, the government seeks to reduce fire hazards and protect lives and property. The requirement to upload reports and declarations on a designated online portal also streamlines the compliance process and enhances transparency and accountability. The provisions for cancellation of Fire Safety Certificates in cases of non-compliance serve as a strong enforcement mechanism, ensuring that owners and occupiers remain vigilant about their fire safety responsibilities. These amendments introduce new obligations for building owners and occupiers, while also establishing a structured framework for the empanelment and regulation of fire safety auditors, thereby strengthening the overall fire safety ecosystem in the state.

Keywords: Assam Fire Safety Rules, Third Party Fire Safety Auditor, Fire Safety Certificate, Building Safety, Fire Fighting System, Assam Government, Legislative Amendment, Public Safety, Compliance Geo Tags: India, Assam District: Not Applicable