Beruflich Dokumente
Kultur Dokumente
2007
Author's Note:
This paper was compiled and started in 2007 when the Certificate of Completion
and Compliance was just enforced but there was still much discussions on its
implementation. It was an attempt to understand the UBBL 1984 as well as its
amendments which included the CCC and to share the understanding with
engineering students as the audience. The paper was revised in 2009 and now
uploaded to be shared with a larger audience.
Badrul Hisham Mohamad Said 2011
NB: References used for this paper is listed at the end of the series
UBBL 1984
1.0 INTRODUCTION
This paper is intended as an overview of the current legislations governing
building and construction industry in Malaysia.
The paper is not meant to be a comprehensive discourse on all the laws
concerning property development and construction. Nonetheless, it will give a
specific review on the Uniform Building By-Laws, 1984 / Amendments 2007 that
had undergone significant amendments, as well as touching on the principal Act
133 - Street, Drainage & Building Act, 1974 / Act A1286 - Amendment 2007, in
light of the implementation of the Certificate of Completion and Compliance
[CCC].
1.1 LAWS AND THE PROFESSIONALS IN PROPERTY DEVELOPMENT
To understand the extent of the arm of the law in the building and construction
industry it is best to illustrate the effects of some of these Acts in a property
development. The following is a general idea of the coverage of the various Acts
in property development procedures and construction processes:
DEVELOPERS
In order to start a property development on a piece of land, a developer and his
consultants, especially the surveyors and town planners and to a lesser extent
the architect and engineers, must understand the provisions in the National Land
Code, 1965. As an example, before turning a piece of land into a developable real
estate, the property developer will need to ascertain the Category of Land Use
and Express Conditions and Restrictions in Interest of the said land. The
developer must decide whether it will be necessary to convert its Category of
Land Use from Agriculture into Building or Industry and to undertake
Amalgamation or Sub-division exercise or Surrender and Re-alienation of the
land. The developer should also be familiar with the Land Acquisition Act, 1960, if
the development involves acquisition of land by the Government for public use or
of economic benefits to the public.
As the property developer moves deeper into the development processes and
beyond land matters, the developer should be very well versed with Housing
Development (Control and Licensing) Act, 1966 and Strata Titles Act, 1985. These
engineer to be acquainted with some details in Acts such as the Drainage Works
Act, 1954, the Irrigation Areas Act, 1953, the Environmental Quality Act, 1974,
the Sewerage Services Act, 1993, the Waters Act, 1920 and also the Street,
Drainage & Building Act, 1974,
A geotechnical engineer may wish to know about soil properties and the
underground nature of the development land, but a structural engineer will work
within a prescribed standards and laws in order to design structures.
The structural engineers main concern is to ensure the stability and soundness
of buildings foundations, sub-structures and super-structures, which nowadays
are usually of steel or concrete. Additionally, concrete work usually involves
additional requirements for the concrete to withstand fire, high impact and, its
ability to prevent or water leakages or seepages.
Even though quite a number of structural engineers refer to the British Standards
and related British references for their design guidelines, some of these
conditions and requirements are actually covered in the Uniform Building ByLaws, 1984.
If the C&S engineer is involved in commercial developments, they should also be
very well versed with the Housing Development (Control and Licensing) Act, 1966
and the Strata Titles Act, 1985, similar to the architects, as the C&S engineer will
be a party to the certification processes described in the said Acts.
MECHANICAL & ELECTRICAL ENGINEERS
The M&E engineer will be most concerned with the efficient delivery of all of the
building services. Their scope of work varies greatly between small buildings, and
tall and large buildings. Definitely, for large and tall buildings, the M&E engineer
must be very familiar with the Uniform Building By-Laws, 1984, in particular its
fire protection system, lighting and mechanical ventilation requirements. In
addition, they should also be very conversant with the Factories and Machinery
Act, 1967 for guidelines on building transportations such as lifts and escalators,
the Fire Services Act, 1988 for additional fire protection requirements, the
Electricity Supply Act, 1990, the Sewerage Services Act, 1993, the
Communications and Multimedia Act, 1988 and the Waters Act, 1920.
Like his counterparts, the architects and the C&S engineers, if the M&E engineer
is involved with commercial developments, he should also be very well versed
with the Housing Development (Control and Licensing) Act, 1966 and the Strata
Titles Act, 1985, as he will be a party to the certification processes described in
these Acts.
BUILDERS AND CONTRACTORS
Builders and contractors are also bound by the same regulations governing the
consultants; particularly the Uniform Building By-Laws, 1984 and its principal Act,
the Street, Drainage & Building Act, 1974. However, Occupational Safety and
Health Act, 1994 [OSHA] and the Construction Industry Development Board Act,
1994 [CIDB] are two of the Acts most identifiable with the construction industry.
For specialist contractors, especially M&E contractors, the Factories and
Machinery Act, 1967, the Electricity Supply Act, 1990, the Sewerage Services Act,
1993, the Communications and Multimedia Act, 1988 and the Waters Act, 1920
are very relevant to their work.
The Standards of Malaysia Act, 1995 is the main Act the CIDB refers to in its
pursuit for an Industrialised Building System [IBS] wherein CIBD advocates to the
industry to adopt a construction process that utilises techniques, products,
components, and/or building systems which involve pre-fabricated components
and on-site installation. Of particular interest to the construction industry are the
standardised Pre-cast Concrete Structural Framing, Panel and Box Systems, Steel
Formwork and Framing Systems, Prefabricated Timber Framing Systems and
Block Work Systems.
With the implementation CCC, builders and contractors are now required to be
responsible and accountable under UBBL and the related Acts for their
handiworks.
ABSTRACT
In summary, none of the players in the industry, be they property developers,
building contractors or construction professionals such as architects, engineers,
surveyors and town planners, can work without being governed or at least taking
consideration of or making references to the Acts and Regulations of the land.
The Acts that have been referred herein so far are:
1. Act 56 - National Land Code, 1965
2. Act 117 Architects Act, 1967 / A1287 Amendments 2007
3. Act 118 Housing Development (Control and Licensing) Act, 1966 / Act A1289
Amendment 2007
4. Act 127 Environmental Quality Act, 1974
5. Act 133 - Street, Drainage & Building Act, 1974 / Act A1286 Amendment 2007
6. Section 133 . By-Laws of Act 133 - Uniform Building By-Laws, 1984 /
Amendment 2007
7. Act 138 Registration of Engineers Act, 1976 / A1288 Amendments 2007
8. Act 139 - Factories and Machinery Act, 1967
9. Act 171 Local Government Act, 1976
10. Act 172 - Town and Country Planning Act, 1976
11. Act 318 Strata Titles Act, 1985 / Act A1290 Amendments 2007
12. Act 341 - Fire Services Act, 1988
13. Act 418 - Waters Act, 1920
14. Act 447 - Electricity Supply Act, 1990
15. Act 486 Land Acquisition Act,1960
16. Act 508 - Sewerage Services Act, 1993
17. Act 514 - Occupational Safety and Health Act, 1994
18. Act 520 - Construction Industry Development Board Act, 1994
19. Act 588 - Communications and Multimedia Act, 1988
2.0 THE LOCAL GOVERNMENT
Before going farther into the discourse, it is best to look into how the many laws
governing buildings and construction came into existence.
It was widely believed that in 1974, the second Prime Minister, Tun Abdul Razak,
had a vision to make the local governments undertake more than their traditional
roles of maintaining public sanitation and general welfare of their residents. He
had a vision to turn the local governments into agents or catalysts for industrial,
commercial and residential developments. The local governments were also to be
turned into effective organisations to bring about development activities within
their localities.
2.1 ACT 171 - LOCAL GOVERNMENT ACT, 1976
The aforementioned vision was then drafted into Act 171 - the Local Government
Act, 1976. Effectively, Act 171 was a replacement and consolidation of the many
separate laws governing local authorities which were inherited from the colonial
era:
1.
2.
3.
4.
5.
6.
Town Boards Enactment of the Federated Malay States [F.M.S. Cap. 137],
Municipal Ordinance of Straits Settlements [Cap. 133],
Johore Town Boards Enactment [Johore No. 118],
Municipal Enactment of Kelantan, 1938 [No. 20/1938],
Town Boards Enactment of Trengganu, 1955 [Cap. 64 3/1955],
Local Councils Ordinance, 1952
2. Use the same as guidelines for the preparation of Local Plans, which are set to
control the use of land and buildings and property developments,
2.3 ACT 133 - STREET, DRAINAGE & BUILDING ACT, 1974
Upon independence, the governmental system for Malaysia was divided into
three platforms, namely Federal, State and Local Governments. Prior to the
introduction of Act 171 the Local Government Act, 1976, these Local
Governments or Authorities, i.e. the town or municipal councils, had written
separate laws and regulations under the provisions of the various preindependence town boards and municipal enactments and ordinances,
mentioned earlier, to suit their local needs and requirements. These varying laws
and regulations had created confusions and distress among the industry players.
For instance, architects and engineers then had to submit building plans and
other documentation of various standards to comply with the variety of Local
Authorities peculiarities.
To consolidate the differences, many sections of these pre-independence
enactments and ordinances of the Local Governments which were related to
street, drainage and building were repealed or absorbed into this Act 133 - the
Street, Drainage & Building Act, 1974. This Act however is only applicable in West
Malaysia.
Since, this Act is the principal Act to the Uniform Building By-Laws, 1984 [UBBL],
which is the main topic of this paper, we shall refer to its latest amendments
which affect the UBBL directly.
Extracts of Act A1286
STREET, DRAINAGE AND BUILDING (AMENDMENT) ACT 2007
An Act to amend the Street, Drainage and Building Act 1974.
(1) This Act may be cited as the Street, Drainage and Building (Amendment) Act
2007.
(2) This Act shall apply only to Peninsular Malaysia.
Amendment of section 3
2. The Street, Drainage and Building Act 1974 [Act 133], which is referred to as
the principal Act in this Act, is amended in section 3
(a) by inserting after the definition of building
the following definition:
building plans means plans that include site plans, key plans, floor plans,
sections and elevations as set out specifically in any by-laws made under this
Act;;
Redefinition of Certificate of Fitness for Occupation to Certificate of Completion
and Compliance
(b) by substituting for the definition of Certificate of fitness for occupation,
temporary certificate of fitness for occupation and partial certificate of fitness for
occupation
the following definition:
certificate of completion and compliance
As a result, a draft uniform building by-laws was issued in 1973, with further
amendments in 1974.
The Building By-Laws, which was the pre-cursor to the Uniform Building By-Laws,
1984, was based on the existing Kuala Lumpur and Singapore legislations and
recommendations from the Building Research Station, UK. The By-Laws were
compiled under the provisions under Section 113 - By-laws - in the Street,
Drainage & Building Act, 1974.
In 1976, a Uniform Building Regulations Standing Committee, comprising public
and private sectors, made a review of the Kuala Lumpur Municipal (Building)
(Amendments) By-Laws, 1975 and it was adopted as the model for the draft
Uniform Building Regulations. From this effort, the Ministry of Housing and Local
Government issued the draft as the Uniform Building By-Law, 1976. 1978
amendments included updates on fire requirements on buildings.
The objectives behind the formulation of the Uniform Building By-Laws, 1984
[UBBL], among others were to:
1.
Set a standardized building regulations for the whole of Malaysia and
applicable to all Local Authorities and building professionals,
2.
Clarify line of legal responsibilities for buildings with clear definitions on
the Principal Submitting Persons,
3.
Regulate architectural, structural, health & safety, fire protection
capabilities and constructional requirements of buildings; with clear references to
the approved standards,
4.
Expedite the processing and building approvals and occupation of
buildings,
It was later gazetted in 1985 as the Uniform Building By-Laws, 1984 [UBBL].
A number of amendments had since been made to the UBBL. Later additions
made references to the Fire Services Act, 1988 and compliance to the Code of
Practice for Access for Disabled People to Public Buildings, 1991 [with reference
to the Malaysian Standard MS1184:1991].
The very recent amendments were drafted in 2007 to incorporate the
amendments to the Street, Drainage & Building Act, 1974 with regard to the
Certificate of Completion and Compliance [CCC].
3.1 THE MAIN PARTS IN THE UBBL
The UBBL defines the following:
1.
PART I - Definitions and interpretations used in the by-laws [By-Laws
Sections 1 - 2],
2.
PART II - The procedures for submitting plans to the Local Authorities for
their approval for permanent and temporary buildings, advertisement and
perimeter hoardings [By-Laws Sections 3 - 29],
3.
PART III - The required space [dimensions], light and ventilation to be
provided in buildings [By-Laws Sections 30 - 47],
4.
PART IV - The required temporary works during construction [By-Laws
Sections 48 - 52],
5.
PART V - Structural requirements and considerations e.g. dead,
superimposed and dynamic loads and, structural materials and elements [ByLaws Sections 53 - 80],
6.
PART VI - Constructional requirements e.g. site preparation, constructional
materials, method of construction and, architectural and related Structural and
M&E requirements [By-Laws Sections 81 - 132],
7.
PART VII - Passive fire protection requirements [By-Laws Sections 133 224]
8.
PART VIII - Active fire protection requirements [By-Laws Sections 225 253] and
9.
PART IX - Miscellaneous definitions and references and, the procedures on
reporting on building failures [By-Laws Sections 254 - 258].
There are 10 Schedules listed in the appendix covering the following:
1.
First Schedule - submission fees,
2.
Second Schedule - standard forms,
3.
Third Schedule - ventilation requirements [M&E considerations],
4.
Fourth Schedule - weight of materials [structural considerations],
5.
Fifth Schedule - designation of purpose group [for building types],
6.
Sixth Schedule - limits of unprotected areas [architectural considerations
for privacy and fire safety],
7.
Seventh Schedule - travel distance, occupancy loads and exits [for
architectural and structural considerations],
8.
Eighth Schedule - class of materials [spread of flame],
9.
Ninth Schedule - limit of compartment and fire resistant of material
[architectural and structural considerations] and
10.
Tenth Schedule - active fire fighting requirements [M&E considerations].
3.2 THE KEY AMENDMENTS TO THE UBBL (Soon to be gazetted
AMENDMENTS 2007)
1. Amendments to By-Law 2
2 (c) Principal Submitting Person means a qualified person who submits
building plans to the local authority for approval in accordance with these ByLaws and includes any other qualified person who takes over the duties and
responsibilities of or acts for the first-mentioned qualified person in accordance
with by-law 7.
2(d) qualified person means a Professional Architect, Professional
Engineer or building draughtsman registered under any written law relating to
the registration thereof.
2(f) building plans means plans that include site plans, key plans, floor
plans, sections and elevations of buildings, and are as stipulated under by-laws 8,
9 and 10.
2(j) technical conditions means conditions pertaining to health and
safety issues to buildings and essential services serving the buildings.
2. Substitution of By-Law 25: Certificate of Completion and
Compliance
25(1) A certificate of completion and compliance in Form F as set out in
the Second Schedule shall be issued by the principal submitting person
a. when all the technical conditions as imposed by the local authority have
been duly complied with;
b. when Forms G1 to G21 in respect of stage certifications as set out in the
Second Schedule have been duly certified and received by him;
c. when all the essential services, including access roads, landscape, car
parks, drains, sanitary, water and electricity installations, fire hydrants, sewerage
and refuse disposal requirements and, fire lifts where required, have been
provided; and
d. when he certifies in Form F that he has supervised the erection and
completion of the building and that to the best of his knowledge and belief the
building has been constructed and completed in accordance with the Act, these
By-Laws and the approved plans.
25(2) Upon the issuance of the certificate of completion and compliance,
the principal submitting person accepts full responsibility for the issuance of the
certificate of completion and compliance and he certifies that the building is safe
and fit for occupation.
25(3) The principal submitting person shall within fourteen days from the
issuance of the certificate of completion and compliance or partial certificate of
completion and compliance, as the case may be, deposit a copy of the said
certificate and the Form G1-G21 with the local authority and the Board of
Architects Malaysia or Board of Engineers Malaysia, as the case may be.
25(4) Nothing contained in this by-law shall prevent the local authority or
any officer authorised by it in writing for the purpose, from inspecting any
building works at any stage thereof and calling attention to any failure to the
building or non-compliance with these By-laws which he may observe and, giving
notice in writing to the principal submitting person ordering such failure or noncompliance to be rectified.
25(5) Subject to paragraph (4), the local authority may issue a directive in
writing to the principal submitting person to withhold the issuance of the
certificate of completion and compliance or partial certificate of completion and
compliance, as the case may be.
25(6) The principal submitting person shall within twenty-one days after
the receipt of the notice issued in pursuance of paragraph (4) or such further
period as may be approved by the local authority, rectify the failure or noncompliance.
25(7) When the principal submitting person has rectified the failure or noncompliance, he shall issue a notice to the local authority confirming that such
rectification works have been satisfactorily completed.
25(8) Upon receipt of the notice as mentioned in paragraph (7), the local
authority shall within fourteen days from the receipt of such notice inspect the
building to confirm that the failure or non-compliance has been satisfactorily
rectified.
25(9) When the local authority is satisfied that the failure or noncompliance as stipulated in paragraph (4) has been satisfactorily rectified, the
local authority shall issue a directive in writing to the principal submitting person
to issue the certificate of completion and compliance or partial certificate of
completion and compliance, as the case may be.
25(10) When the local authority does not carry out the inspection of
rectification works in pursuance of paragraph (8) within the period as stipulated
in that paragraph, it shall be deemed that the local authority is satisfied that the
rectification works have been satisfactorily completed.
17.
o
18.
o
19.
o
20.
o
21.
o
4. FORM F
Certificate of Completion and Compliance
5. FORM F1
Partial Certificate of Completion and Compliance
3.3.2. PART II - The procedures for submitting plans to the Local Authorities for
their approval for permanent and temporary buildings, advertisement and
perimeter hoardings [By-Laws Sections 3 - 29],
Clause 3
Submission of plans for approval [By a qualified person / principal
submitting person] FORM A
Clause 5
No erection or continued erection of a building shall take place
unless the qualified person undertakes the supervision of the erection and the
setting out
Clause 7
Withdrawal or change of qualified person / principal submitting
person [With the agreement of the authority] No work to commence until another
qualified person takes over.
Clauses 8 12
Submission procedures
Clause 13
Special permission to commence building operations early
Clauses 14 & 15
Submission procedures
Clauses 16 & 17
Clause 139
Separation of fire risk areas from areas of occupancy.
Clause 140
Fire appliance access e.g. 12m width road to support fire engine for
buildings over 7000cum of volume & minimum proportion building perimeter as
road for fire access based on building volume.
Clause 141
Rules on Penetrations of Pipes through separating walls and height
of separating walls at roof junctions e.g. 225mm wall extension above roof.
Clauses 142 - 145
External Walls Design and Materials to comply with Permitted Limits
of Unprotected Areas specified in the Sixth Schedule including Beams
Clause 146
Definition of Relevant Boundary
Clause 147
Construction of Separating Walls to be on Non-Combustible
Materials
Clause 148
Special Requirements for Compartment Walls and Floors
Clause 149
Horizontal and Vertical Barriers of the external walls to extend
minimum 750mm and 900mm respectively.
Clause 150
Protected Shafts Requirements
Clause 151 - 155
Lifts Requirements _ Ventilation, Openings, Smoke Detectors in Lift
Lobbies & Emergency Mode
Clause 156 157
Protected Shafts as Ventilation Duct and Staircases
Clauses 158 159
Stages in Places of Assembly and Open Stages _ Requirement for a
proscenium wall of 225mm thick unless suitable protection devices installed
Clause 160
Fire precautions in air conditioning systems
Clause 161
Fire Stopping Materials
Clauses 162 164
Fire Doors _ 162(2) Openings in compartment and separating walls
to be protected by Fire Doors in accordance with the FRP requirements of the
relevant walls referred in the Ninth Schedule 162(3) Openings in protected
structures to be protected by Fire Doors with FRP not less than of the relevant
walls referred in the Ninth Schedule 162(4) Openings in protected corridor or
lobby to be protected by Fire Doors having FRP of hour.
Clause 165 167
Measurement of Travel Distance to Exits, Condition of Exits and
Storey Exits based on Seventh Schedule _ Open plan travel distance calculated
no more than 2/3 permitted travel distance, room with 6 or less persons
measured from the doors if travel distance within room less than 15m, minimum
2 separate exits from each storey not nearer than 4.5m apart and located within
the limits of travel distance, widths of exits as specified in Seventh Schedule
Clauses 168 - 169
Exit Staircases _ Every upper floor to have minimum 2 staircases
except buildings lower than 12m that comply with Clause 194, Number of
Staircases should accommodate highest occupancy load under Seventh Schedule
even though one staircase is not accessible/available, handrails may encroach
into staircase width to a maximum 75mm, widths of staircases and exit routes
shall be maintained [not reduced in width] throughout & door swings should not
encroach the access width. Also refer Clauses 174 177, 181 182, 190 & 191.
Clause 170
Egress Conditions for Mezzanine Floors and Open Staircases
Clause 171
Conditions for Horizontal Exits
Clause 172
Conditions for Emergency Exit [KELUAR] Signs
Clause 173
Conditions for Exit Door
Clause 174
Arrangement of Storey Exits to be not less than 5m apart with direct
access to [1] a final exit [2] a protected staircase to a final exit [3] an external
route to a final exit. Basements and Roof Structures for services need not have
alternative egress.
Clauses 175 - 177
Calculation of occupancy load, capacity of exits, exit widths and
number of staircases to refer to Seventh Schedule. At least one staircase should
be a minimum of 2 unit widths [552mm x 2 = 1104mm wide] except 900mm
allowed where total occupancy of all floors less than 50. Refer Clauses 168 169,
181 & 182
Clause 178
Exits for institutional and places of assembly to be located to avoid
undue danger from fire originating in other occupancy (areas)
Clauses 179 188
Classifications of places of assembly, space standards for calculating
occupancy loads, exit details for places of assembly, seating, gangways, exit
doors and travel distance
Clause 181 - 182
Calculation for width of means of egress and rate of discharge _
552mm per unit width with unit width = 300mm, no exits less than 700mm
[clear width of opening], rates of travel per floor are [1] 60 persons per minute
horizontally (doors & level passage ways) and [2] 45 person per minute vertically
(stairs)
Clauses 190 - 191
External Staircases may used as exit staircases provided they
comply with requirements of internal staircases and separated from the interior
of building by walls and fire doors and no openings next to the staircase within
Clause 219
Application of these by laws to floor [ceilings do not attribute to fire
rating other than those in Ninth Schedule]
Clause 220
Definitions on Floor Area and capacity of buildings and
compartments
Clause 221
Test of fire resistance [Method of testing based on BS 476: Part I]
Clause 222
Fire resistance for walls
Clause 223 Fire resistance for floors above ground floor
Clause 224 Fire resistance for any element of structure [based on Ninth
Schedule]
3.3.8. PART VIII - Active fire protection requirements [By-Laws Sections 225 - 253]
and
Clause 225
Every building to have [1] means of detecting and extinguishing
fire, equipped with fire alarm and exit signs based the Tenth Schedule and [2] a
minimum one Fire Hydrant not more than 91.5m from nearest fire brigade access
Clause 226
Automatic fire protection system for hazardous occupancy to suit
hazard
Clause 227
Portable extinguishers provided based on relevant codes and sited
prominently and visible along exit routes
Clause 228
Sprinkler valves to be located on exterior walls accessible to
Firemen and alarm electrically connected to nearest Bomba station
Clause 229
Buildings with top most floor higher than 18.3m to be provided with
means of access and fighting fire from within building via fire fighting access
lobbies directly accessible from outside, staircases, fire lifts in protected lobbies
or staircases or corridors and dry or wet risers. Fire fighting lobbies at every level
no more than 45.75m from furthermost point.
Clause 230
Dry rising system to be provided in buildings with top most floor
more than 18.3m but less than 30.5m.
Clause 231
Wet rising system to be provided in buildings with top most floor
more than 30.5m. Wet riser to be provided to every staircase which extends to
the roof. Each stage of wet riser to be no more than 61.0m except in cases may
be permitted to 70.15m
Clause 232
One Wet or Dry Riser to be installed when a building is under
construction reached a height above fire brigade pumping inlet and located next
to a useable staircase within 2 floors of the topmost construction
Clauses 233 - 234
Buildings to which Parts VII & VIII apply & power of PBT to extend
compliance / exemptions.
Clause 257
Malaysian standard specification and code of practice to prevail
over British Standard Specifications or Code of Practice
Clause 258
Failure to Buildings [report failure, explain cause & state remedial
action within a week]
3.4
SHORTFALLS OF THE UBBL
1.
The Uniform Building By-Laws, 1984 [UBBL] was established out the need
for a standardised set of building regulations for the country. However, despite
the federal government gazetting the UBBL in 1985, the reality is that until today
the use and interpretation of the UBBL are anything but uniformed. The
enforcement of UBBL is governed by the states and hence gazetted separately
with slightly different versions for each of the states.
2.
As the UBBL is a state matter, many Local Authorities and Technical
Departments have their own readings and interpretation of the UBBL. The
differences in the translations between the English and Bahasa Melayu versions
also added to the confusion. Hence, there is a need to re-look into the intents of
the UBBL and persuade all state governments to agree to a Local Authorities
Endorsed standardised explanatory notes. To that effect, the fire department
had produced two definitive books on their interpretation of the fire protection
systems requirements which had become very useful references for designers.
3.
The continual advances in constructional technologies and sciences have
made some of the by-laws within the UBBL out-of-date. For instance, Malaysia
has experienced rapid development over the last two decades. Large-scale
structures, like new airports, shopping centres and mixed developments, have
been built with new concepts and design approaches. The existing UBBL and
other Fire Safety codes are not applicable to these structures. Hence, there is a
need for the UBBL to be updated to reflect the state-of-the-art and make
allowances for the by-laws therein to be amended to allow continual adaptation
to suit the ever-changing times. The Fire Safety- Performance Based Approach
has been officially adopted in 2002 by the Fire and Rescue Department, Malaysia
[Bomba] to solve some of these shortfalls. The approach, which has been widely
practiced overseas, is a scientific and engineering-based method whereby the
determination of type and standard of fire safety protection systems required
specific testing and research.
4.
There are by-laws within the UBBL which had not been referred to by
professionals and/or found to be irrelevant. As an example, a good number of
sections under the structural requirements have been ignored and not referred to
by structural engineers since most are using the British Standards as their main
design guide. Therefore, it is best to re-look these sections and decide whether
to have these clauses repealed or amended to suit the times.
4.0
4.1
DESIGN STAGE
The Technical Departments which are of interest to C&S engineers are the
Engineering Department of the PBT [Earthwork & Sub-Structures, Roads &
Drains], JKR [Public Works Department], JPS [Department of Irrigation &
Drainage],
Jabatan
Perkhidmatan
Pembentungan
[Sewerage
Services
Department], Local Water Supply Company and, JAS [Department of
Environment].
4.2
SUBMISSION STAGE
Since the implementation of the CCC, all Local Authorities have implemented One
Stop Centres [OSCs] to process building plans applications. It is now compulsory
to submit all architectural, civil & structural and mechanical & electrical plans and
documentation simultaneously to the OSCs at the Local Authorities in order to
have their applications processed. Under OSC, Professionals no longer submit
direct to the relevant Technical Departments but instead compile all applications
in a combined submission to the Local Authorities.
At the same time, all professionals are expected to follow up with the relevant
technical departments if they wish for a speedy approval.
It should be highlighted that architects and engineers would have sworn vide a
statement on their drawings and documentation that their designs comply with
the UBBL and they would be accountable and responsible for the designs
submitted to the Local Authorities.
4.3
DOCUMENTATION STAGE
The objective of this stage is to ensure that the documentation is complete and
consistent for tendering purposes. Any inaccuracy, error or omission may affect
the project timing, extra cost and abortive work especially if the development has
commenced. The construction professionals have a duty of care to ensure that
their documentations have incorporated all the requirements, including statutory
conditions.
4.4
CONSTRUCTION STAGE
The construction stage is where the UBBL will come in full force. At the early
stages of the work mentioned above, the construction professionals would have
already incorporated the requirements of the UBBL and other Acts in their design
drawings and documentation and sworn as such therein.
During this construction stage, all the professionals must now ensure that the
construction actually complies with the design. Legally, the UBBL now enforce
individual certification for the many stages of the work.
The relevant
construction professionals are required by the UBBL to certify the construction
work under their expertise on specific Form Gs together with the builders and
contractors. If the architect or engineer is also the Principal Submitting Person,
he will also be counter-endorsing on all the 21 Form Gs and hence will be
responsible for the whole of the work or the development.
The duty to certify the stages of the development is enforced by law vide the
UBBL and other related Acts. Construction professionals should be aware that a
breach of this duty would expose them to claims for fraud due to wrongful
certification or economic loss arising out of the natural consequence of the
breach.
5.0
SUMMARY
Among the reasons for construction professionals to know and apply the
statutory requirements, such as the UBBL, is best to quote written judgements
from two court cases in England which have been referred by the Malaysian
courts in tort cases involving construction professionals:
1. Professionals will not be judged as laymen but as persons who possess the
standard of ordinary skilled man exercising and professing to have the special
skill. [Mc Nair J in Bolam v Friern Hospital Management Committee, 1957].
2. A professional man should command the corpus of knowledge which forms
part of the professional equipment of the ordinary member of his
profession.It is the standards prevailing at the time of the acts or omission,
which provide the relevant yardstick [Bingham LJ in Eckersley v Binnie, 1988].
It should also be highlighted that the society is becoming more litigious. Many
litigation cases involving construction professionals have put the blame on the
professionals for breaches of duty of one kind or another. Lately, there have
been a number of high profile court cases where architects, engineers and
building draughtsman have been implicated in building failures where their
designs have been put to questions, and over economic loses where their
certifications have been disputed.
1.
2007
Act 133 - Street, Drainage & Building Act, 1974 / Act A1286 Amendment
2.
3.
Act 118 - Housing Development (Control and Licensing) Act, 1966 /
Act1289 Amendment 2007
4.
Act 318 - Strata Titles Act, 1985 / Act A1290 Amendments 2007
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Chen Thiam Leong, The Association of Consulting Engineers Malaysia, 15
August 2007
19.
Chong Thaw Sing & Patrick Chia, Tort in Construction Design Liability
20.
Chong Thaw Sing, Certification in Malaysia: A Choice Between the Devil
and Deep Blue Sea Continuing
Professional Development (CPD)
Seminar 2007, PAM Centre Kuala Lumpur
21.
22.
23.
Ismail Omar, Rules Affecting the Land Development Process in Malaysia
A Review on Regulation of Environmental Impact Assessment (EIA)
24.
P Kasi, The Architect and Land Matters Planning, Conversion and
Subdivision of Land
25.
Pertubuhan Arkitek Malaysia, Certificates of Compliance (CCC),
http://www.pam.org.my/ccc.asp
26.
Dalam Mahkamah Rayuan Malaysia Kuala Lumpur (Bidangkuasa Rayuan)
Rayuan Sivil No.B-02-757-98, di antara Lim Teck Kong (Pemohon), dan Dr Abdul
Hamid Abdul Rashid / Dr Khatiza Bt Haida Ali (Responden)
27.
Syamsul Zuraida Zainudin , Prof Ir Dr Siti Hamisah Tapsir , Prof Madya Ir
Dr Nor Mariah Adam , Zurkarnain Mohd Kassim, Future of Fire Safety for
Malaysian Housing,
28.
Ibu Pejabat Bomba, Jabatan Bomba Dan Penyelamat Malaysia.-Penentuan
Keperluan Kelengkapan Menentang Kebakaran Bagi Bangunan Servis Apartmen,
Pertubuhan Arkitek Malaysia