Fire Safety in High-Rise: Owners exploit legal loopholes

Many building owners do not comply with fire safety regulations, taking advantage of conflicting legal definitions of high-rise buildings, according to urban experts.

As per Building Construction Rules 2008 and Bangladesh National Building Code, a building with over 10 storeys or taller than 33 metres is a high-rise.

However, the fire prevention act defines any structure with over six storeys as high-rise. Owners are supposed to take no objection certificate (NOC) from the Fire Service and Civil Defence if the building has over six storeys.

"But many owners do not bother taking the NOC because as per the building construction rules, it is not obligatory when the structure has fewer than 10 storeys," says Adil Mohammad Khan, president of Bangladesh Institute of Planners.

In the absence of a uniformed definition, many seven- to 10-storey buildings, especially the residential ones, do not have two stairways and fire safety equipment, he adds.

The owners simply get approval from Rajdhani Unnayan Kartripakkha (Rajuk) which does not recognise these buildings as high-rise. Rajuk does not make it mandatory for these buildings to have multiple stairways and other safety measures, Adil says.

Fire safety has been a widely talked-about issue since last week's deadly fire on Bailey Road that claimed 46 lives. The building that went up in flames had just one stairway and lacked fire safety equipment.

Having a uniformed definition of high-rise is crucial as it dictates whether a building must have multiple stairways, emergency lift, sprinklers, fire-rated doors, adequate extinguishers, and water reservoirs.

"Many lives could have been saved had there been a uniformed rule and regular monitoring," says Adil.

In Dhanmondi, Banani and Khilgaon areas of the capital, many buildings with over six storeys, which makes them high-rise as per the fire prevention act, have just one stairway in violation of the rule.

Before the enactment of the Building Construction Rules 2008, Rajuk used to recognise buildings above six storeys as high-rise.

Lt Col Mohammad Tajul Islam Chowdhury, director (operations) at fire service, says, "I think 90 percent of the residential high-rise [above six-storey] owners do not bother implementing our safety plan."

Besides, any building being used for commercial purposes needs a fire safety plan from the fire service. The director general of fire service issues NOC based on its occupancy.

According to him, many owners of commercial buildings get the NOC. But once they get it, they forget about the safety plan.

"They just put up some extinguishers and a hose reel, but do not implement the other components of the plan."

Businessmen do not want to invest in fire safety, he adds.

Around 84 percent of the high-rise buildings (above six storeys) in Dhaka are risky.

Iqbal Habib, vice-president of Bangladesh Paribesh Andolon, says owners of the ill-fated seven-storey commercial-cum residential building took advantage of the legal ambiguity.

"As Rajuk does not specify its definition, owners can get approval with a single stairway even though they use the building for commercial purposes, especially as restaurants."

Contacted yesterday, Ashraful Islam, chief town planner of Rajuk, said, "It was primarily agreed at an inter-ministerial meeting that buildings above six storeys will be recognised as high-rise. But progress was not made due to pressure from other stakeholders."

Requesting anonymity, an eight-story building owner in Mirpur says he is not even aware that a fire service NOC is needed.

According to another building owner, people try to avoid getting NOCs because of harassment at government offices.