Gujarat HC exempts Zydus Hospital and Apex Heart Institute from removing glass facades for fire safety

Zydus Hospital and Healthcare Research Private Ltd and Apex Heart Institute had moved the Gujarat HC seeking a clarification on the directions.

A significant portion of the hospitals’ buildings comprise glass facades. Zydus, in July 2022, was issued notice by the Ahmedabad Municipal Corporation’s health officer, deputy town development officer as well as from the fire department, directing that they implement the court directions and remove the glass façade; and if not complied with, the hospital shall be sealed.

It was Zydus’ case that they do not have a glass facade but rather a glass atrium “which provides a visual appeal to the structure” and the same does not obstruct any staircase, lobby, lifts, refuge area on common open passages and increases the daylight on the premises.

In July 2022, Zydus had submitted an undertaking to the authorities that in case of any casualty in the absence of compliance of the specific directions with regard to removal of glass facades, only the management of the hospital shall be responsible.

The Gujarat HC, while dealing with fire safety in hospitals after a fire at the Shrey Hospital in Ahmedabad killed eight people in the ICU three years ago, had issued directions in December 2020 and June 2022 that glass facades are to be removed and staircases shall be fully ventilated above the parapet wall. The court barred hospitals from installing glass facades on hospital buildings.

The directions were issued for ensuring that the building is not engulfed in smoke in case of fire and to prevent choking due to the smoke.

The bench of Justices Biren Vaishnav and Nisha Thakore Tuesday clarified that the two hospitals are exempted from the directions after they submitted that they do not have any glass facade which obstructs staircases, lifts or lobbies, and also taking into consideration the undertaking.

The bench’s exemption to Apex Heart Institute has been made conditional to the fact that they too provide a similar undertaking as Zydus within a week.