In an affidavit filed in response to the Gujarat High Court’s directions with respect to fire safety in hospitals and ICUs, the Ahmedabad Fire and Emergency Services (AFES) has submitted that relocating ICUs would require structural changes in the existing premises and therefore “the same cannot be insisted in the existing hospitals having ICUs.”

Following a fire at a commercial building in Ahmedabad on June 25, where 75 people were rescued, including 13 newborn babies housed at a neonatal hospital in the building, the Gujarat High Court on June 30 directed the state “to take immediate steps” to ensure compliance of an earlier order in December 2020 where the court had issued a number of directions to ensure fire safety in “hospitals, especially for the ICUs”. The court was hearing a public interest litigation on fire safety.

In an order dated December 15, 2020 in the same PIL, a division bench of the Gujarat High Court had issued directions such as ensuring monthly servicing of heavy load equipment like ventilators and air conditioners. The court had also directed that ICUs should preferably be located “only on the ground floor” and have alternate exits wide enough to roll the beds out if needed. Glass facades of hospital buildings “should not be permitted in any event”, with such facades removed forthwith, the bench has said. It had also held that certain officers should be fixed with accountability and responsibility.

Dated July 20, the AFES affidavit filed through its in-charge chief fire officer Jayesh Khadia submits that “in the new hospital building, which would be constructed hereinafter, the above-referred condition (of locating ICUs in the ground floor) can be observed.” The affidavit also submits that with respect to the issue of glass facades, “it is observed by the officer of the fire department of the corporation that in most of the hospitals having ICU within city limit of Ahmedabad, the staircase(s) are not covered by glass facades”. From now on, the affidavit says, at the time of issuing a fire NOC or no-objection certificate, the fire department officer “would see to it that the hospital is having adequate approach of the fire-fighting equipment and machineries and only after examining such aspects, the fire NOC would be issued”.

Meanwhile, Ahmedabad Hospitals and Nursing Homes Association (AHNA) in a press conference held on July 19 had opposed notices issued to health establishments by AFES along with the estate department of Amdavad Municipal Corporation, seeking compliance of the Gujarat High Court’s December 15, 2020 directives. AHNA announced that it will be forced to shut down its ICUs if these “unscientific directions” are not withdrawn.

With respect to fixing accountability and responsibility of officers, AFES submitted in its affidavit that “it would not be proper to fix the responsibility and/or accountability to anybody with respect to an incident which is result of an accident,” since occurrence of fire is a result of an “unwarranted accident and such accident can take place even in the building which is having valid fire NOC”.

The Gujarat High Court is due to take up the PIL for further hearing on Friday, July 22.

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