Fire Safety Rules In Bangladesh

[Salvator Grimard]

Inthe wake of two recent fire explosions in Narayanganj and Mogbazar, a surge of deadly fires has plagued the country with daily reports of fire explosions. From the Gulistan building explosion to the blasts at Science Lab and at Sitakundu, the country has witnessed a spate of deadly fires that have caused fear and anxiety among the people. With each new fire-related fatality, the public has grown increasingly alarmed and concerned about compliance with fire safety regulations. Considering this, this piece aims to illuminate the present legislative framework for fire safety and the reasons for non-compliance.

The first law worth noting in this context is the Bangladesh National Building Code (BNBC), 2020. This law has been subject to several amendments due to the past fire-related experiences. Part 4 of the Code covers the requirements for fire prevention. It specifies the general conditions of fire protection (Chapter 1), precautionary requirements (Chapter 2), provisions for exit (Chapter 3), and requirements necessary to minimise danger to life from fire, smoke, fumes, and so forth. Some of the vital fire safety provisions of the Code include:

(b) Fire detection and alarm systems: The Code requires that buildings be equipped with fire detection and alarm systems that can detect smoke, heat, and fire and alert occupants in case of a fire (Part IV, Chapter 5);

(c) Means of escape: The Code requires buildings to have multiple means of escape, such as staircases, corridors, and exits, to enable occupants to evacuate quickly in case of a fire (Part IV, Chapter 3);

(d) Firefighting equipment: The Code mandates that buildings must be equipped with firefighting equipment such as fire extinguishers, fire hoses, and sprinkler systems to help control and extinguish fires (Part IV, Chapter 4);

(e) Smoke management systems: The Code requires buildings to have smoke management systems such as smoke vents, exhaust fans, and pressurisation systems to control the spread of smoke in case of a fire (Part IV, Chapter 3); and

(f) Fire drills and training: The Code mandates that building owners and occupants must conduct regular fire drills and training sessions to ensure that everyone is prepared to evacuate safely in case of a fire (Part 4, Chapter 1, Appendix B).

Then come the Fire Prevention and Extinguishing Act, 2003 and the Fire Prevention and Extinction Rules, 2014. Section 7 of the Act requires the approval of the Directorate General of Fire Service and Civil Defence for any structural design or layout of a multi-storied commercial building. Rule 22 of the 2014 Rules supplements the Act by requiring an occupancy certificate to ensure building compliance with safety requirements.

So, the question arises as to why there are still so many explosions despite the presence of such comprehensive laws. First, there is a lack of accountability due to the absence of an implementing authority. As per paragraph 12 of chapter 2 of part II of the Code, an authority has to be established who will work towards implementing the revised National Building Code, 2020. In the same chapter, it also mentions that there will be an office of building officials who will operate at the local levels. Unfortunately, such authorities are yet to have been formed even after two years of adopting the Code. Secondly, experts have opined that certain National Building Code modifications have rendered the Code more vulnerable. In this context, high-rise buildings with more than 10 floors are exempt from specific safety standards, including firefighting pump houses.

Furthermore, owners' non-compliance of the rules becomes one of the most significant obstacles to enforcing these regulations. The preliminary finding of the February Gulshan fire incident revealed that the 13-storied building was built without a proper fire safety plan, according to the standards laid out in the Act. Also, deliberate neglect on the owner's part regarding fire extinguishers, emergency exits, and other safety measures is rampant and causes the death of many people. Finally, the BNBC recommends fire drills quarterly, once, or twice a year, depending on the building type, to quickly escape a structure in the event of a fire. However, such a drill never happens, not even once.

Last year, the fire service officials in Dhaka evaluated 1,162 buildings and labelled 136 of them, as "extremely risky" and 499 as "risky" (The Dhaka Tribune, 9 March 2023), which is a cause for major concern. To prevent a spate of fatal fires, it is crucial to establish an effective authority for monitoring systems and collaboration at the local level, as it would not be feasible to control the fire concerns otherwise. Hence, a holistic method must be taken. Lastly, the public in general need to be made aware of the issue and taught the basics of firefighting regularly.

The Accord on Fire and Building Safety in Bangladesh (the Accord) was signed on 15 May 2013. It is a five-year independent, legally binding Global Framework Agreement between global brands, retailers, and trade unions designed to build a safe and healthy Bangladeshi Ready Made Garment (RMG) Industry. The agreement was created in the immediate aftermath of the Rana Plaza building collapse in Bangladesh that resulted in the death of more than 1100 people and injured more than 2000. In June 2013, an implementation plan was agreed leading to the incorporation of the Bangladesh Accord Foundation in the Netherlands in October 2013.

In addition to schemes of building inspection and enforcement of fire and safety standards, the accord requires that contracts by international retailers with Bangladesh manufacturers provide for compensation adequate to maintain safe buildings. Retailers agree to continue to support the Bangladesh textile industry despite possible higher costs. It is estimated that the total cost may be $1 billion, about $500,000 per factory.[1] Close co-operation with the International Labour Organization and the government of Bangladesh is required. A steering committee which governs the accord is established as are dispute resolution procedures such as arbitration. The accord calls for development of an Implementation Plan over 45 days.[2]

The German government sponsored a meeting of retailers and NGOs at the beginning of May, and the meeting set a deadline of midnight of 16 May 2013 to sign up to the agreement.[5] Working with the Clean Clothes Campaign, Worker Rights Consortium, International Labor Rights Forum, and the Maquila Solidarity Network, the GIZ agency and IndustriALL (a global union federation) began forming a program that needed to meet the needs of trade union and NGO representatives. The main objectives of this program were a foundation for the Accord on Fire and Building Safety in Bangladesh, specifically focusing on fire safety following the Rana Plaza factory collapse. Based on the previously submitted proposals for safety, the Accord was issued on 5 May 2013, and an official announcement of intention to sign was given by H&M on 13 May 2013. H&M signing of the Accord was a key step in encouraging other companies to declare their intent to sign as well. Numerous companies had signed up by the deadline, covering over 1,000 Bangladeshi garment factories.[6]

Since 29 October 2013, the Accord has been signed by over 200 apparel brands, retailers and importers from over 20 countries in Europe, North America, Asia and Australia; two global trade unions; and eight Bangladesh trade unions and four NGO witnesses.[7][8] Some of the notable companies are listed below. For a complete list see the Bangladesh Accord website.[9]

Most North American retailers did not sign the accord. Companies like Gap Inc. and Walmart cited liability concerns. According to spokespersons for the retail industry, American courts, which allow class actions, contingent fees, and do not require losing plaintiffs to pay legal fees, might permit liability claims against retailers in the event of another disaster which might result in substantial enforceable judgments, in contrast to European courts which generally do not allow class actions, forbid contingent fees, and require losing plaintiffs to pay winning defendants' legal fees and costs. However, as John C. Coffee, professor of corporate law at Columbia Law School, pointed out, Kiobel v. Royal Dutch Petroleum Co. might apply thus foreclosing suits by Bangladesh workers under the Alien Tort Claims Act, but this seems unlikely.[1] It is more likely that liability would be based on contract law.

On 10 July 2013, a group of 17 major North American retailers calling themselves the Alliance for Bangladesh Worker Safety announced the Bangladesh Worker Safety Initiative. The Initiative drew criticism from labour groups who complained that it was less stringent than the Accord and lacked legally binding commitments to pay for improvements.[10]

There were a significant number of accomplishments under the 2013 Accord, those of which included large scale hazard identification and remediation of these safety issues. Engineers inspected more than 2000 RMG factories where they identified more than 150,000 safety hazards.[11] Additionally, companies committed to negotiating terms with their suppliers such that it was possible for the factories to maintain and uphold a safe workplace environment along with maintaining the safety remediation requirements. There was also a Safety Training Program initiative where 1.4 million workers in Accord-covered factories were educated and informed about proper workplace safety and evacuation drills, along with the rights that they had under the Accord. Anything that was not effectively handled at the factory level, such as individual worker complaints, were processed through Safety and Health Complaints Mechanism, which allowed them to remedy these concerns. By the end of the 2013 Accord, 200 worker complaints had been effectively handed through this program.[11]

As of September 2019[update], there has been a 90% initial remediation progress rate at Accord-covered factories. 254 factories have completed the initial remediation and there has been over 90% initial remediation at 1,120 factories.

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