CHAPTER 8 Uniform Building By-Laws (UBBL)
Lesson Learning Outcome • At the conclusion of this lesson, the student should be able to: – Explain the relevance of having uniform building by-laws – Differentiate between a law and a by-law. – Describe generally the content and purpose of the uniform building by-laws 1984.
By-law : Meaning (dictionary) • Secondary Law
Building by-law? • Building by-laws most commonly refers to a city or municipal law or ordinance, passed under the authority of a state or federal law specifying what things may be regulated by the municipality. • The main difference between a by-law and a "law" passed by a federal, state or provincial body, is that a by-law is a regulation passed by a non-sovereign body, which derives its authority from another governing body. • A municipal government gets its power to pass laws through a charter or a law of the state/provincial or federal government which specifies what things the city may regulate through bylaws.
Uniform Building By-laws? • UBBL [Uniform Building By-Laws] are secondary laws passed by the local authorities in the administration of construction industry activities. • In exercise of the powers conferred by section 133 of the Street, Drainage and Building Act 1974, the Minister/State Authority makes the following by-laws:(Act 133.) • These By-laws may be cited as the Uniform Building By-laws 1984.
Drainage and Building Act 1974, section 133 •
133. The State Authority shall have the power to make by-laws for or in respect of every purpose which is deemed by him necessary for carrying out the provisions of this Act, and for prescribing any matter which is authorized or required under this Act to be prescribed, and in particular and without prejudice to the generality of the foregoing for or in respect of all or any of the matters specified hereunder— – (i) the laying or carrying of any line of rails, mains, pipes, conduits or electric lines *(other than sewers) along, through, across, over or under any street or any place laid out or intended for a street; – (ii) the granting of licences for the carrying and maintenance of telegraphic wires or cables or wires for the conveyance of electricity along or across or under public streets and the fixing and levying of annual or other fees therefor; etc……
Building By-Laws: Function • a set of rules that specify the minimum acceptable level of safety for constructed objects such as buildings and nonbuilding structures. The main purpose of the building codes is to protect public health, safety and general welfare as they relate to the construction and occupancy of buildings and structures. The building by-laws becomes law of a particular jurisdiction when formally enacted by the appropriate authority. • Building by-laws are generally intended to be applied by architects and engineers, but are also used for various purposes by safety inspectors, environmental scientists, real estate developers, contractors and subcontractors, manufacturers of building products and materials, insurance companies, facility managers, tenants, and others.
Building By-Laws: Scope • Building by-laws generally include: – Structural safety: buildings should be strong enough to resist internally and externally applied forces without collapsing; – Fire safety: includes requirements to prevent the fire spread to/from neighbours, provide warning of occupants, and safe exiting of building, limitation on fire spread, and provisions for fire suppression/fire fighting; – Health requirements: adequate washrooms, adequate air circulation, and plumbing materials.
Building By-Laws: Scope • Some building by-laws sometimes include requirements for: – Noise mitigation to protect building occupants from noise pollution (see Noise regulation) – Accessibility: requirements to ensure that a building is accessible for persons in wheelchairs or having other disabilities. – Energy conservation, either by prescribing design requirements for the building envelope, heating & cooling equipment, lighting load, etc., or by requiring the building to meet specified energy performance standards (typically expressed as the maximum energy use per unit floor area). The Indian Energy Conservation Building Code provides a choice to building designers to use either of the two approaches. – Indoor air quality
Building By-Laws: Scope • Building by-laws generally do not include: – Aesthetics: Any regulation of the aesthetics of buildings are usually included in zoning by-laws; – Traffic convenience: Limitations on traffic flow are usually either in zoning or other municipal by-laws; – Building Use: the safe use of a building is generally in the Fire code; or – Required upgrades for existing building: unless the building is being renovated the building code usually does not apply.
Building By-Laws: History • Building codes have a long history. What is generally accepted as the first building code was in the Code of Hammurabi which specified: – 229. If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death. – 230. If it kill the son of the owner the son of that builder shall be put to death. – 231. If it kill a slave of the owner, then he shall pay slave for slave to the owner of the house. – 232. If it ruin goods, he shall make compensation for all that has been ruined, and inasmuch as he did not construct properly this house which he built and it fell, he shall re-erect the house from his own means. – 233. If a builder build a house for some one, even though he has not yet completed it; if then the walls seem toppling, the builder must make the walls solid from his own means.
- Public Sector - Private sector
CLIENT / OWNER - Federal - State - Local
AUTHORITIES
Construction Project Participants
- Project Management Consultant - Partner - Architect - Engineers: Civil, Structure, M&E - Quantity Surveyor - Land Surveyor - Interior Designer - Landscape Architect - Other Specialist
CONSULTANT
FINANCIER
- Bank - Financial Company - Credit Corporation - Leasing Company
SUPPLIER
CONTRACTOR - Main Contractor - Nominated Sub-contractor
- Nominated Supplier - Manufacturer - Importer - Distributor
MANPOWER - Technologist - Technician - Skilled Worker - Semi Skilled Worker - Unskilled Worker
Authorities • Authorities‘ requirements vary from project to project and from place to place. • The Project Manager needs to be aware of the departments involved, its submission requirements, activity flow procedures and the approximate time frame required to secure the necessary approvals such as density, zoning, plot ratio, height, massing and other technical requirements. • Jabatan Kawalan dan Bangunan, Fire Department, Police Department, Telekom Malaysia, Jabatan Kerja Raya, Tenaga Nasional Berhad (TNB), Jabatan Pengairan dan Saliran, Jabatan Bekalan Air (JBA), Land District Office and Health Department.
UNIFORM BUILDING BY-LAWS 1984 - Contents • • • • • • • •
•
PART I PRELIMINARY PART II SUBMISSION OF PLANS FOR APPROVAL PART III SPACE. LIGHT AND VENTILATION PART IV TEMPORARY WORKS IN CONNECTION WITH BUILDING OPERATIONS PART V STRUCTURAL REQUIREMENTS PART VI CONSTRUCTIONAL REQUIREMENTS PART VII FIRE REQUIREMENTS PART VIII FIRE ALARMS, FIRE DETECTION, FIRE EXTINGUISHMENT AND FIRE FIGHTING ACCESS PART IX MISCELLANEOUS
PART I PRELIMINARY
• By-law – 1. Citation 2. Interpretation
PART II SUBMISSION OF PLANS FOR APPROVAL •
3. Submission of plans for approval 4. Return of plan 5. Supervision of work 6. Plans to be signed 7. Withdrawal or change of qualified person 8. Plans to be deposited in triplicate 9. Scale of plans 10. Plans required 11. Exemption from by-law 10 12. Sketch plans for approval in principle 13. Special permission to commence building operations 14. Plans of alterations 15. Specification 16. Details and calculations of structural plans 17. Power of local authority to reject structural plans and calculations 18. Permits 19. Temporary permits 20. Advertisement Hoarding 21. Materials not to be deposited in a street without permission 22. Notice of commencement or resumption of building operations 23. Notice of completion of setting out 24. Notice of completion of excavation for foundation 25. Certificate of fitness for occupation 26. Temporary certificate of fitness for occupation 27. Partial certificate of fitness for occupation 28. Offence under the Act 29. Fees for consideration of plans and for permits
PART III SPACE. LIGHT AND VENTILATION • 30. Open spaces to be provided 31. Open spaces not to be altered or roofed 32. Space about buildings abutting a street and a back lane 33. Space about buildings on lots abutting a street and having no back lane 34. Space about detached buildings 35. Access from a street 36. Splayed corners 37. Projections over the street and over the building line 38. Width of footway 39. Natural lighting and ventilation 40. Air-wells 41. Mechanical ventilation and air-conditioning 42. Minimum area of rooms in residential buildings 43. Minimum dimensions of latrines, water-closets and bathrooms 44. Height of rooms in residential buildings, shophouses, schools, etc. 45. Places of public resorts 46. Heights of rooms in buildings 47. Project longs over verandah-way
PART IV TEMPORARY WORKS IN CONNECTION WITH BUILDING OPERATIONS
• 48. Commencement of building operation 49. Responsibility of persons granted temporary permits 50. Cancellation of temporary permits 51. Vehicular access to site 52. Rising mains to be installed progressively
PART V STRUCTURAL REQUIREMENTS •
53. Building materials 54. General requirements of loading 55. Dead and imposed loads 56. Dead loads calculated from weights of materials used 57. Weight of partitions 58. Contents of tanks and other receptacles 59. Imposed floor loads 60. Mechanical stacking 61. Imposed loads on ceilings, skylights and similar structures 62. Reduction in total imposed floor loads 63. Imposed roof loads 64. Curved roofs 65. Roof coverings 66. Internal suspended loads on primary structural members 67. Amount of suspended load 68. Dynamic loading 69. Crane gantry girders 70. Parapets and balustrades 71. Vehicle barriers for car parks 72. Basement walls and floors 73. Foundations 74. Foundations of buildings not exceeding four storeys 75. Reinforced concrete foundations 76. Strip foundations 77. Brick footings 78. Foundations below invert of drains 79. Foundations under external and party walls 80. Structure above foundations
PART VI CONSTRUCTIONAL REQUIREMENTS •
81. Building site 82. Drainage of subsoil 83. Protection against soil erosion, etc. 84. Prevention of dampness 85. Nominal thickness of walls 86. Party walls 87. Openings in party walls 88. Recesses 89. Chases 90. Underpinning 91. Coping, etc. to be impervious 92. Projections in brickwork 93. Measurement of the length of a wall 94. Use of 100 millimetre brickwork and concrete blocks in loadbearing walls 95. External panel walls 96. Non load-bearing partitions 97. Timbers built into party walls 98. Fences and boundary walls 99. Cooking facilities in residential buildings 100. Cooking facilities in quarters 101. Boilers, fireplaces, forges and incinerators in factories
PART VI CONSTRUCTIONAL REQUIREMENTS •
102. Combustible materials adjoining smoke flues 103. Timber floors 104. Bearing of joists 105. Space below floors to be ventilated 106. Dimensions of staircases 107. Handrails 108. Maximum flights 109. Winders 110. No obstructions in staircases 111. Lighting and ventilation of staircases 112. Enclosure of staircases in a shop 113. Use of timber staircases 114. Timber roofs 115. Roofs coverings and drainage 116. Accessible flat roofs, balconies, etc. 117. Access to roof space 118. Refuse chutes and alternate means for disposal of refuse 119. Change of use of building 120. Design and construction of refuse chutes 121. Requirements for refuse receptacle chambers 122. Access to refuse receptacle chambers 123. Pipes and service ducts 124. Lifts 125. Swimming pools 126. Steps and footway 127. Openings into swimming pool 128. Depth of water 129. Location of driving boards 130. Changing rooms 131. Foot-bath and shower 132. Private, residential swimming pools
PART VII FIRE REQUIREMENTS •
133. Interpretation 134. Designation of purpose groups 135. Rules of measurement 136. Provision of compartment walls and compartment floors 137. Floor in building exceeding 30 metres in height to be constructed as compartment floor 138. Other walls and floors to be constructed as compartment walls or compartment floors 139. Separation of fire risk areas 140. Fire appliance access 141. Separating walls 142. External walls 143. Beam or column 144. Cladding on external wall 145. Reference to Sixth Schedule 146. Relevant boundary 147. Construction of separating walls 148. Special requirements as to compartment walls and compartment floors 149. Horizontal and vertical barriers at the external walls 150. Protected shafts 151. Ventilation to lift shafts 152. Openings in lift shafts 153. Smoke detectors for lift lobbies 154. Emergency mode of operation in the event of mains power failure
PART VII FIRE REQUIREMENTS •
155. Fire mode of operation 156. Protected shafts as ventilating duct 157. Protected shafts consisting of staircase 158. Stages in places of assembly 159. Open stages 160. Fire precaution in air-conditioning systems 161. Fire-stopping 162. Fire doors in compartment walls and separating walls 163. Half hour and one hour doors 164. Door closers for fire doors 165. Measurement of travel distance to exits 166. Exits to be accessible at all times 167. Storey exits 168. Staircases 169. Exit route 170. Egress through unenclosed openings 171. Horizontal exits 172. Emergency exit signs 173. Exit doors 174. Arrangement of storey exits 175. Calculation of occupant load 176. Computing storey exit widths 177. Computing number of staircases and staircase widths 178. Exits for institutional and other places of assembly 179. Classification of places of assembly 180. Spaced standards for calculating occupancy loads 181. Width of means of egress 182. Rate of discharge 183. Exit details for places of assembly 184. Seating
PART VII FIRE REQUIREMENTS •
186. Exit doors in places of assembly 187. Notice affixed to door of gate 188. Travel distance in places of assembly 189. Enclosing means of escape in certain buildings 190. External staircase 191. Openings in adjacent walls not permitted 192. Moving walks 193. Power operated door as means of agrees 194. Building with single staircase 195. Staircases to reach roof level 196. Smoke lobbies 197. Protected lobbies 198. Ventilation of staircase enclosures 199. Ventilation of staircase enclosures in buildings not exceeding 18 metres 200. Ventilation of staircase enclosures in buildings exceeding 18 metres 201. Staircase enclosures below ground level 202. Pressurized system for staircase 203. Restriction of spread of flame 204. Classification of restriction of flame over surfaces of walls and ceilings 205. Classification of interior finish materials 206. Classification of surface of wall or ceiling
PART VII FIRE REQUIREMENTS •
207. Exceptions relating to ceilings 208. Reference to roofs 209. Reference to buildings 210. Construction of roofs 211. Roofing materials 212. Category designation for fire penetration and spread of flame on roof surface 213. Fire resistance 214. Additional requirements 215. Height of buildings 216. Single storey buildings 217. Fire resistance of structural member 218. Compartment wall separating flats and maisonnette 219. Application of these By-laws to floors 220. Floor area and capacity of buildings and compartments 221. Test of fire resistance 222. Fire resistance for walls 223. Fire resistance for floors above ground floor 224. Fire resistance for any element of structure
PART VIII FIRE ALARMS, FIRE DETECTION, FIRE EXTINGUISHMENT AND FIRE FIGHTING ACCESS • 225. Detecting and extinguishing fire 226. Automatic system for hazardous occupancy 227. Portable extinguishes 228. Sprinkler valves 229. Means of access and fire fighting in buildings over 18.3 metres high 230. Installation and testing of dry rising system 231. Installation and testing of wet rising system 232. Wet or dry rising system for buildings under construction 233. Foam inlets 234. Underground structures and windowless buildings to have foam inlets 235. Fixed installations 236. Special hazards 237. Fire alarms
PART VIII FIRE ALARMS, FIRE DETECTION, FIRE EXTINGUISHMENT AND FIRE FIGHTING ACCESS • 238. Command and control centre 239. Voice communication system 240. Electrical isolating switch 241. Special requirements for fire alarm systems 242. Fire fighting access lobbies 243. Fire lifts 244. Standards required 245. Approval of D.G.F.S. 246. Certification on completion 247. Water storage 248. Marking on wet riser, etc. 249. Smoke and heat venting 250. Natural draught smoke vent 251. Smoke vents to be adequate to prevent dangerous accumulation of smoke 252. Smoke vents to be openable by Fire Authority 253. Emergency power system
PART IX MISCELLANEOUS
• 254. Buildings to which Parts VII and VIII apply 255. Power of local authority to extend period, etc. 256. Buildings exempted 257. Malaysian Standard Specification and Code of Practice to prevail over British Standard Specification and Code of Practice 258. Failure to Buildings
7. FAMILIARISING WITH ACTS RELATED TO THE CONSTRUCTION INDUSTRY WHY WE SHOULD KNOW THESE CONSTRUCTION-RELATED ACTS ? The Acts governing the construction industry and its professionals are laws. These Acts affect how people live, work and play. These Acts have impacts or demands on the construction industry and professionals Understand that construction professionals are actually governed by local laws via these Acts Know that the conditions within these Acts govern the way construction professionals do their work Understand that breaches by construction professional of these Acts may results in penalties as severe as being remanded in jail on top of monetary fines Understand that any failure to exercise a duty of care as expected by the sections within these Acts may result in construction professionals being taken to court under civil cases by third parties e.g. the public
8. LAWS AND THE PROFESSIONALS IN CONSTRUCTION INDUSTRY DEVELOPERS A land developer should know the National Land Code, 1965 – Conversion, Amalgamation & Subdivision, Surrender & Re-Alienation, Land Acquisition And, familiar with the Land Acquisition Act, 1960 If a housing development, the developer should be well versed with the Housing Development (Control and Licensing) Act, 1966 and Strata Titles Act, 1985 - Commercial developments of landed and stratified properties, ways to conduct construction and, sale transactions
8. LAWS AND THE PROFESSIONALS IN CONSTRUCTION INDUSTRY TOWN PLANNERS A town planner is governed by the Local Government Act, 1976, in addition to the National Land Code, 1965 and the Environmental Quality Act, 1974
Most importantly, the structure & local plans vide the Town and Country Planning Act, 1976 as well as the numerous important input from the civil engineers on infrastructural requirements and the architect on the building requirements.
8. LAWS AND THE PROFESSIONALS IN CONSTRUCTION INDUSTRY ARCHITECTS An architect must comprehend the Uniform Building By-Laws, 1984, the Street, Drainage & Building Act, 1974, and the relevant Malaysian Standards. These are in addition to the National Land Code, 1965, Land Acquisition Act, 1960, Local Government Act, 1976, Town and Country Planning Act, 1976, Environmental Quality Act, 1974 An architect on a housing development must know the Housing Development (Control and Licensing) Act, 1966 and Strata Titles Act, 1985.
8. LAWS AND THE PROFESSIONALS IN CONSTRUCTION INDUSTRY CIVIL & STRUCTURAL ENGINEERS A civil engineer needs to cover regulations governing designs for earthworks, roads and drains, water supply, sewerage and other infrastructures. Hence, the civil engineer should know Acts such as, the Drainage Works Act, 1954, Irrigation Areas Act, 1953, Environmental Quality Act, 1974, Sewerage Services Act, 1993, Waters Act, 1920 and Street, Drainage & Building Act, 1974, A geotechnical engineer may not be governed by specific acts. The structural engineer to ensure the stability and soundness of buildings’ foundations, sub-structures and super-structures. The structural engineer needs to be aware of related requirements such as fire protection, impact & loads and water seepages which are covered under the Uniform Building By-Laws, 1984. Also, C&S engineers involved in housing developments ought to know the Housing Development (Control and Licensing) Act, 1966 and Strata Titles Act, 1985.
8. LAWS AND THE PROFESSIONALS IN CONSTRUCTION INDUSTRY MECHANICAL & ELECTRICAL ENGINEERS 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. And other Acts, like 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. If the M&E engineer is also involved with commercial residential developments, he should be very well versed with the Housing Development (Control and Licensing) Act, 1966 and Strata Titles Act, 1985
8. LAWS AND THE PROFESSIONALS IN CONSTRUCTION INDUSTRY BUILDERS AND CONTRACTORS Builders and contractors are 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. Also, they should be very familiar with the Occupational Safety and Health Act, 1994 [OSHA] and Construction Industry Development Board Act, 1994 [CIDB]. Specialist contractors should know the Factories and Machinery Act, 1967, Electricity Supply Act, 1990, Sewerage Services Act, 1993, Communications and Multimedia Act, 1988 and Waters Act, 1920. Standards of Malaysia Act, 1995 is the main Act the CIDB refers to in its pursuit for an Industrialised Building System [IBS]
8. LAWS AND THE PROFESSIONALS IN CONSTRUCTION INDUSTRY In summary, all the players in the industry - property developers, building contractors, architects, engineers, surveyors and town planners - cannot work without being governed by Acts and Regulations of the land.
The Acts that have been referred herein so far are: Act 56 - National Land Code, 1965 Act 117 - Architects Act, 1967 / A1287 Amendments 2007 Act 118 - Housing Development (Control and Licensing) Act, 1966 / Act A1289 Amendment 2007 Act 127 - Environmental Quality Act, 1974 Act 133 - Street, Drainage & Building Act, 1974 / Act A1286 Amendment 2007 Section 133 . By-Laws of Act 133 - Uniform Building By-Laws, 1984 / Amendment 2007 Act 138 - Registration of Engineers Act, 1976 / A1288 Amendments 2007 Act 139 - Factories and Machinery Act, 1967
9. LAWS RELATED TO THE UNIFORM BUILDING BY-LAWS ACT 133 - STREET, DRAINAGE & BUILDING ACT, 1974 Due to the introduction of the Certificate of Completion and Compliance [CCC], the parliament had amended the Act
STREET, DRAINAGE AND BUILDING (AMENDMENT) ACT 2007 An Act to amend the Street, Drainage and Building Act 1974. (1) (2)
This Act may be cited as the Street, Drainage and Building (Amendment) Act 2007. This Act shall apply only to Peninsular Malaysia.
Redefinition of Certificate of Fitness for Occupation to Certificate of Completion and Compliance [CCC]
(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‖
9. LAWS RELATED TO THE UNIFORM BUILDING BY-LAWS Redefinition of Qualified Person to Principal Submitting Person (d) ‗ ―principal submitting person‖ means a qualified person who submits building plans to the local authority for approval in accordance with this Act or any bylaws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first mentioned qualified person;‘; (e) by substituting for the definition of ―qualified person‖ the following definition: ‗ ―qualified person‖ means a Professional Architect, Professional Engineer or building draughtsman registered under any written law relating to the registration thereof;‘; Specifically for Structural Engineers (f)
by inserting after the definition of ―structural plan‖ the following definition:‗ ―submitting person‖ means a qualified person who submits plans other than building plans to the local authority or relevant statutory authority in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first mentioned qualified person;‘.
9. LAWS RELATED TO THE UNIFORM BUILDING BY-LAWS Issuance of CCC by the Principal Submitting Person (20) No certificate of completion and compliance shall be issued except by a principal submitting person in accordance with the time, manner and procedure for the issuance thereof as prescribed by this Act or any by-laws made thereunder. (21) Before the issuance of a certificate of completion and compliance, it shall be the duties and responsibilities of the principal submitting person to — (a supervise the erection of the building to ensure that the erection is in conformity with the approved plans and the requirements of the provisions of this Act or any by-laws made thereunder; (b) ensure that the building has been duly constructed and completed in conformity with the approved plans and the requirements of this Act or any by-laws made thereunder and that all technical conditions imposed by the local authority has been duly complied with; and (c) ensure that the building is safe and fit for occupation.
9. LAWS RELATED TO THE UNIFORM BUILDING BY-LAWS Penalty for Contravening the Act on the Issuance of CCC or Allowing Occupancy without CCC (27) Any person who— (a) is not the principal submitting person but issues a certificate of completion and compliance; (b) issues a certificate of completion and compliance without the relevant forms as prescribed in any by-laws made under this Act; (c) issues a certificate of completion and compliance in contravention of a direction given by the local authority to withhold such issuance pending rectification of any noncompliance; (d) knowingly makes or produces or causes to be made any false or fraudulent declaration, certificate, application or representation of any form prescribed in any by-laws made under this Act; (e) uses any forged, altered or counterfeit declaration, certificate, application or representation of any form prescribed in any by-laws made under this Act knowing the declaration, certificate, application or representation have been forged, altered or counterfeited; or (f) occupies or permits to be occupied any building or any part thereof without a certificate of completion and compliance, shall be liable on conviction to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.�.
CERTIFICATE OF COMPLETION AND COMPLIANCE [CCC] WHAT IS CCC ? The PM, in 2004, called for a replacement of the Certificate of Fitness for Occupation [CFO] by the Local Authorities with self-certification by construction professionals The intention was to improve the efficiency of building delivery system - especially to enable Malaysia becomes competitive in infrastructural deliveries. In 2007, the parliament amended the laws to effect the issuance of the Certificate of Completion and Compliance or the “CCC” by Professional Architects or Professional Engineers or Registered Building Draughtsmen - who are now individually known as the “Principal Submitting Person” [PSP] From April 12, 2007 PSPs will issue the CCC to legalise the occupation of all buildings; replacing the Certificate of Fitness for Occupation [CFO]. Hence, all development projects where the Building Plans are submitted from April 13, 2007, will be certified fit for occupation using the CCC by the PSP without requiring the Local Authorities consent.
CERTIFICATE OF COMPLETION AND COMPLIANCE [CCC] Professionals Accountable and Responsible for CCC Professional Architects & Professional Engineers - and staff under them such as graduate architects, engineers and clerks-of-works - and, Specialist Sub-Contractors and Main Contractors are legally responsible and liable
Principal Submitting Person’s [PSP] responsibilities under CCC are as follows: Submit planning and building plans to PBT for approval, Inform PBT of the commencement of construction works on site, Supervise/Inspect construction works on the site and ensuring that the laws and technical conditions of the PBT are followed. Report breaches of construction against approval, explain reasons of breach and perform recovery actions in the event of breach during construction, Present work-resumption notice to PBT, Ensure Forms G1 – G21 are completed. Upon satisfactory completion of the Works and obtaining clearances or confirmation from the six [6] essential services departments, issue the CCC to owners and developers and present a copy to the PBT and the Professional Board
12. THE APPLICATIONS OF THE UBBL & RELATED ACTS SUBMISSION STAGE 1.
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, mechanical & electrical plans and related documentation simultaneously to the OSCs.
2.
Principal Submitting Persons [PSP], e.g. 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.
12. THE APPLICATIONS OF THE UBBL & RELATED ACTS DOCUMENTATION STAGE 1.
Parallel with the submission is normally the contract documentation exercise.
2.
This is the normal practice in the industry. All professionals are required to ensure that their design drawings and documentation comply with all the requirements in the UBBL and the other Technical Departments.
3.
The danger with non-compliance with an incomplete documentation may result in a redesigning of the work to suit the Technical Departments’ requirements at a later stage.
4.
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.
5.
The construction professionals have a duty of care to ensure that their documentations have incorporated all the requirements, including statutory conditions.
12. THE APPLICATIONS OF THE UBBL & RELATED ACTS CONSTRUCTION STAGE 1.
The construction stage is where the UBBL will come in full force.
2.
During construction stage, all the professionals must ensure that the construction actually complies with the design. The relevant construction professionals, i.e. the “Principal Submitting Person�, are required by the UBBL to certify the construction work under their expertise on specific Form Gs together with the builders and contractors.
3.
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.
13. SUMMARY WHY CONSTRUCTION PROFESSIONALS MUST KNOW AND APPLY THE STATUTORY REQUIREMENTS 1.
Construction professionals are expected to apply a reasonable standard of skill and care required of their fields. Construction professionals cannot undertake their work dutifully and properly without considering all the design parameters; which include the statutory requirements.
2.
And, most importantly:
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]. ii. “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]. i.
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FORM G
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