MORE CONTRACT AND LEGAL EXPOSURES TO STUDENTS OF ARCHITECTURE

I had a chat on contract and legal matters in building works with a number of soon-to-be graduates of architecture and some not-so-fresh graduates.   Mostly, they were waiting to enroll for their 5th year in a number of universities after completing 4th year a couple of months ago and a number have been working a few years.

What surprised me after the chat was the level of their comprehension on contractual matters.   I did not expect them to understand or even know the details of all contract details – actually quite a number of graduates and registered architects cannot say they understand the contract well – but I had expected them to know the basic matters concerning building contract and the uniform building by-law [UBBL].  

Afterall, an architect cannot actually design a habitable building, in accordance with the laws in Malaysia, without understanding the UBBL requirements - that is apart from understanding building construction methods - and other governing laws.   Furthermore, how can architects manage a construction contract if they do not understand the basics of a contract?   And what about design coordination meetings – a sit down with the engineers, contractors and QS to look at minutes of previous meetings?   I found out a number of these coordination meetings did not involve looking to coordinate drawings of the various disciplines; rarely plans were opened and gawk at in these meetings.

If the universities have been emphasising on the laws and contracts on their architectural students as well as the importance of being the chief designer cum coordinator cum the team leader, I am yet to see the results; may be the ones I had met were the exceptions rather than the norm students.  

But if the universities have been concentrating on design at the expense of the real world needs, we hope something would be done soon.   A balance of theories and the practical aspects of architecture need to be achieved.   At least before the graduates were let loose into the market, they should have the basic exposures to know that when they design, there are rules and regulations to be dealt with on top of the project brief.   And when they manage a construction work, they knew that the reference in managing the contract is the contract documents which include among others, the terms of the contract, specifications and drawings - which normally comprises architectural, civil & structural and mechanical & electrical drawings – and not just refer to architects drawings.   The architect must lead.

Otherwise, I am sure that I would still be meeting with soon-to-graduate and fresh architectural graduates who drew blank faces when asked why their designs did not meet the governing laws of Malaysia or why they managed the building contracts on the contrary to the provisions of the contract documents.   Or worst, were surprised that the building turned out to be different from their design because actually the structural engineers had designed the building for them since the structures would be constructed first and architects drawings did not match the engineers, hmmm...

BHA FAMILY TRIP 2011 _ Bandung, Indonesia

2011, June 2 - 5 _ Jakarta - Bandung

For a project that we are currently undertaking we need to study what makes factory outlets work and how to manage the abundant natural resources God has created for us for a sustainable lifestyle.

Since quite a number of us had to go for the study trip, we turned the trip into a BHA Family Trip affair.
A bus load of us made the trip to Bandung via Jakarta.   KL - Jakarta via Garuda Airlines and by bus to Bandung.   

The trip turned out to be an eye opener how low tech solutions made architecture very pleasant [ and how cheap clothing were in Bandung factory outlets compared with KL! ].


CONTEMPORARY SHOPPING

Bandung do have the latest Shopping Centres in Paris van Java and CiWalk [Cihampelas Walk] Mall and a few others but the houses turned into shops were more interesting.
CiWalk Mall is a street mall which is good to emulate - with its interesting individual formed shops and the heavily landscaped malls.  

THEMATIC RESTAURANT _ KAMPUNG DAUN

Kampung Daun, a sprawling restaurant set along a forest stream next to granite hillside, was a dream.   The setting was surreal.   Might look for a natural setting here in Malaysia to turn into something like that.   It would be great!

Kampung Daun Restaurant

CULTURAL SHOW - SAUNG PAK UDJO

The trip to Saung Pak Udjo to watch a cultural show with the main feature on an Angklung orchestra was enlightening.   Preserving and presenting the local cultural heritage with all artists trained from the whole of the village [ I was made to believe as an effort to enable them to have something worthwhile to do, beats leaving them to turn into Mat Lepaks or Mat Rempits, I am sure ].

It was a noble cause and looked like a commercially rewarding venture. 

We could learn a trick or two from the cultural show, the architectural set up is basic but very vernacular and interestingly done.   The show is a must see.  

Sukajadi Hotel, Bandung

Kampung Daun, Bandung

Saung Pak Udjo

CULTURAL SHOW

The Angklung + Traditional Percussions Band

The Angklung Orchestra

Badrul Hisham Architect / June 2011

BHA Family Trip 2009 + Architectural Discourse _ Sg Klah, Perak

The team needed a short discourse session to rejuvenate their architectural senses.   So we organised a weekend discourse programme on 14-15 Nov 2009 in Felda Residence, Sg Klah Hotsprings with Ar Hj Ahmad Fadzil Mohamed and Ar Hj Nasharuddin Abdul Majid to give short talks on architectural practice.  

Ar Hj Ahmad Fadzil and Ar Hj Nasharuddin talks were the very refresher the team needed.   We hope to have the discourse sessions once in a while and next time hopefully we can invite other offices to join in these kind of sessions, God willing, inshaAllah.

Apart from the semi-serious talks that we had, we also organised games for the whole family.

The Family

The Team

Badrul Hisham Architect / Nov 2009

BHA Family Trip 2008 _ Cameron Highlands

We checked into Equatorial Cameron Highlands  20-22 December 2008 for a well deserved break from work.

It was a cool weekend to relieve stressed our muscles and mind.    But the period which was school holidays did not actually fully refreshed us all since the roads and attractions were a bit jammed-packed.

Despite the busy streets, we had a quite good break.

BHA Family 2008 @ Equatorial Cameron Highlands

Boh Tea - A Nice Piece of Work

Badrul Hisham Architect / Dec 2008

BHA Family Trip 2007 _ Pangkor Beach Resort

We made every effort possible that BHA team studies relevant examples before we design and document work we undertook.

This was the case when we made our Family Trip in 01-02 April 2007 into a Study Tour for our Felda Residence Resort, Tanjung Leman / Mersing, Johor project.

The Pangkor Beach Resort was of similar  concept to our beach-side proposal - isolated from mainstream infrastructure & tourist interests - and it had to be an attraction by itself.

Pulau Pangkor Island Beach Resort

Badrul Hisham Architect / April 2007

An overview of the Uniform Building By-Laws, 1984 & the Amendments 2007 [Part 5/5]

4.0       THE APPLICATIONS OF THE UBBL & RELATED ACTS

4.1       DESIGN STAGE

As mentioned in the earlier sections of this paper, all the construction professionals [e.g. Land Surveyors, Architects, C&S Engineers and M&E Engineers] will need to refer to a number of Acts and regulations in order to prepare their designs.   The Uniform Building By-Laws, 1984 [UBBL] is the main reference used by all the Local Authorities [Pihak Berkuasa Tempatan / PBT] and Technical Departments.   As such, a quick reference into the UBBL and other Acts mentioned earlier is the least any professionals should do.   Whenever practical it is best that a standard checklist is to be drawn up with reference to the UBBL and the relevant Acts.  

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.

As such, all design drawings and documentations by all the construction professionals must be compiled and submitted to the OSCs for review by a team from the PBT and all the relevant Technical Departments.   The OSC team will issue written comments upon review and the professionals are expected to comply with all their comments before submitting to the OSC for application for approval.   The OSC personnel will then distribute the “pre-reviewed” submissions to the relevant departments.   The onus is on OSC to follow up with the status of the application at the technical departments.

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

Parallel with the submission is normally the contract documentation exercise.   Since 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.   The danger with non-compliance is that an incomplete documentation may result in a redesigning of the work to suit the Technical Departments’ requirements at a later 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

THE REASONS TO KNOW AND APPLY THE STATUTORY REQUIREMENTS

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.

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.  

Therefore, all construction professionals should make more effort to be conversant with the provisions in the various Acts controlling the building industry and the terms, and the conditions of their professional duties to all parties, be they directly or indirectly involved.

Badrul Hisham Mohamad Said    

November 24, 2009

Further Readings & References:

1.           Act 133 - Street, Drainage & Building Act, 1974 / Act A1286 Amendment 2007

2.           Act 139 - Factories and Machinery Act, 1967

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.           Act 56   - National Land Code, 1965

6.           Act 341 - Fire Services Act, 1988

7.           Act 514 - Occupational Safety and Health Act, 1994

8.           Act 520 - Construction Industry Development Board Act, 1994

9.           Act 127 - Environmental Quality Act, 1974

10.        Act 138 - Registration of Engineers Act, 1976 / A1288 Amendments 2007

11.        Act 171 - Local Government Act, 1976

12.        Act 172 - Town and Country Planning Act, 1976

13.        Act 418 - Water 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 588 - Communications and Multimedia Act, 1988

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.        Ho Wai Ping, Building Legislation and Regulations II

22.        Hussein Hamzah, Building Legislation and Regulations I

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

An overview of the Uniform Building By-Laws, 1984 & the Amendments 2007 [Part 4/5]

 

3.3 ESSENTIAL SECTIONS IN THE UBBL 

3.3.1. PART I - Definitions and interpretations used in the by-laws [By-Laws Sections 1 - 2],

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 
• Submission of structural drawings and calculations
• Clause 18 
• Permits [May submit sketch plans for minor erections and minor alteration]
• Clause 19 
• Temporary permits [Erections of a sheds for shows or builders, place of worship, building materials, scaffoldings, staging or hoarding on streets]
• Clause 20 
• Advertisement hoarding [Erection of hoarding subject to an annual temporary permit]
• Clause 22 
• Notice of commencement or resumption of building operations. FORM B
• Clause 23 
• Notice of completion of Setting Out of building. FORM C [Not Applicable for CCC]
• Clause 24 
• Notice of completion of Excavation for Foundation. FORM D [Not Applicable for CCC]
• Clauses 25 - 28 
• Certification of Fitness for Occupation [CFO] / Certificate of Completion and Compliance [CCC] and offence occupying a building without CFO / CCC.
• Clause 29 
• Refer to First Schedule for Payment Rates for Submission of Plans

3.3.3. PART III - The required space [dimensions], light and ventilation to be provided in buildings [By-Laws Sections 30 - 47],

• Clauses 32 – 34 
• Open Space and Plinth ratio for buildings abutting a street and a backlane in relation to a lot size and Setbacks
• Clause 36 
• Requirement for a Splayed Corner for a building erected at a junction
• Clause 37 & 47 
• Building abutting a street allowed a Projection over Street over the building line
• Clause 38 
• Width of footway and requirements for steps and pedestrian ramp. To refer MS1184 & MS1185 in conjunction with this clause.
• Clauses 39 - 42 
• Requirements for Natural Lighting and Ventilation according to building use. Rules on Air Wells dimensions, Mechanical Ventilation and Air-Conditioning
• Clauses 42 & 43 
• Minimum areas and dimensions of rooms in buildings
• Clauses 44 – 46 
• Height controls for rooms in buildings

3.3.4. PART IV - The required temporary works during construction [By-Laws Sections 48 - 52],

• Clause 48 
• Requirements for Project Signboard & Hoarding [To obtain Temporary Permit]
• Clause 49 
• Responsibilities of person granted temporary permits
• Clause 51 
• Control of vehicular access to site by the Local Authority.
• Clause 52 
• Rising mains for fire fighting facilities to be installed progressively for buildings designed to exceed 18.3m [Refer Clause 232]

3.3.5. PART V - Structural requirements and considerations e.g. dead, superimposed and dynamic loads and, structural materials and elements [By-Laws Sections 53 - 80],

• Clause 53 
• Building materials use
• Clause 54 
• General requirement of loading [Dead loads, imposed loads and winds load considerations]
• Clause 55 
• Dead and imposed loads [Provisions for loads]
• Clause 56 
• Dead loads calculated from weight of materials used [Based on BS648 or actual known weights and as laid out in Fourth Schedule]
• Clause 57 
• Weight of partitions [To include in dead load calculations]
• Clause 58 
• Contents of tanks and other receptacles [Treated as dead loads]
• Clause 59 
• Imposed floor loads [Methods to allow for imposed loads i.e. distributed or concentrated loads]
• Clause 60 
• Mechanical stacking [Special provisions in the design of the floors]
• Clause 61 
• Imposed loads on ceilings skylight and similar structures [Methods to allow for these loads]
• Clause 62 
• Reduction in total imposed floor loads [Methods to allow for these loads]
• Clauses 63 – 67 
• Imposed roof loads, Curved roof, Roof covering, Internal suspended loads on primary structural members, Amount of suspended load [Methods to allow for these loads]
• Clauses 68 – 69 
• Dynamic loading, Crane gantry girders
• Clauses 70 – 71 
• Parapets and balustrades, Vehicle barriers for car-parks [8km/hr for access ramp and up to 32km/hr for downward travel for a representative 1.5 metric ton vehicle]
• Clause 72 
• Basement walls and floors [Provisions for lateral pressure and buoyancy/hydrostatic pressure]
• Clauses 73 – 79 
• Foundations [Provisions to transmit load to the ground], Foundations of building not exceeding four storey, Reinforced concrete foundations, Strip foundations, Brick footings, Foundations below invert of drains, Foundations under external and party walls
• Clause 80
• Structure above foundations

3.3.6. 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],

• Clause 81 
• Building site [Erection of suitable land]
• Clause 82 
• Drainage of subsoil
• Clause 83 
• Protection against soil erosion.
• Clause 84 
• Prevention of Dampness
• Clauses 85 – 89 
• Definition of Wall Thickness, Party Walls & Openings in Party Walls, Recess, Chases [Party Walls extended vertically 230 above roof surface & Minimum wall thickness of party wall left 100mm etc]
• Clauses 91 – 92 
• Materials for Coping & Projections in brickwork
• Clauses 93 – 96 
• Rules on Use of Internal & External Wall Materials of 100mm thick
• Clause 97 
• Rules on Intrusion of Timber built into Party Walls [100mm spacing for timber in party walls and separated with cement or brick]
• Clause 98 
• Control on Fences and Boundary Walls [1.8m max solid and 2.75m max impervious to air and light]
• Clauses 99 – 102 
• Rules on cooking areas
• Clause 103 
• Timber floor [Use of hardwood or treated timber, specifications for trimmer joists]
• Clauses 104 - 105 
• Bearing for joists [Min 100mm bearing on wall, Support on continuous corbelled brickwork, At least 100mm of fire- resisting material on party wall between adjoining timber structures].
• Clause 106 
• Rules on Staircases [Risers max 180mm & Tread min 255mm, Width Refer Clause 168, Landing no less than stairs width]
• Clause 107 
• Rules on Handrails [4 risers & more min 1 handrail, wider than 2225mm to have intermediate handrails, except residential width 1100mm & more handrail to be both sides of staircase at max 100mm from wall, between 825-900mm height measured from nosing step & no less than 900mm at landing]
• Clause 108 
• Maximum Flight [residential stairs landing no less than 1.8m depth every 4.25m height; other buildings no more than 16 risers between landing]
• Clauses 109 – 113 
• Various Rules on Staircases
• Clauses 114 - 117 
• Timber Roof, Roof Covering, Railing at Flat Roofs, Access to Roof Spaces
• Clauses 118 - 122 
• Refuse chutes & alternative means for refuse disposal
• Clause 123 
• Pipes and service ducts requirements [risers / cabinets]
• Clause 124 
• Lifts - non-residential buildings more than 4 storeys to be provided with a lift
• Clauses 125 - 132 
• Public Swimming Pool requirements

3.3.7. PART VII - Passive fire protection requirements [By-Laws Sections 133 - 224]

• Clause 133 
• Interpretations and Definitions on Fire Requirements
• Clause 134 
• Designation of Purpose Group of every building [Fifth Schedule]
• Clause 135 
• Rules of Measurements for Height, Areas, Cubic Capacity of Buildings
• Clauses 136 – 137 
• Fifth Schedule _ Provisions of compartment walls and floors_ floor area exceeds relevant height e.g. floors in building exceeding 30m in height, or volume of space exceeds relevant cubic capacity to be constructed as compartment floor
• Clause 138 
• Fifth Schedule _ Walls and floors to be constructed as compartment walls or compartment floor under Purpose Group II [Institutions], flats/apartments, between different Purpose Groups and floor above a basement of area exceeding 100sqm.
• 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 ½ 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 ½ 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 ½ 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 2m distance horizontally and 9m vertically below except ventilations for toilets or other protected areas.
• Clause 192 - 193 
• Moving Walks and Power Operated Doors may be considered as egress
• Clause 194 
• Residential or Office Buildings permitted to be served by a Single Staircase when top floor is 12m high or less [except Ground Floor may be Shops or Car Parking], stairs separated from Ground Floor with fire rated walls, wall enclosing staircase is returned no less than 450mm from Ground Floor Shop or Car Park, maximum travel distance 12m from exit door to any point in the area. At Ground and First Floors, if there are windows with opening lights possible for emergency escape the maximum travel distance may be 30m.
• Clause 195 
• Buildings over 30m high to have all staircases used as mean of egress extended to roof level as access.
• Clauses 196 – 197 
• Smoke Lobbies accessed via fire doors, Smoke Lobbies for Staircases, Protected Lobbies for staircases in buildings higher than 18m without ventilation through external walls, Pressurised Lobbies for buildings higher than 45m
•  
• Clauses 198 – 202 
• Ventilation for staircases at each floor or landing with a minimum 1sqm opening per floor. In building less than 3-storeys staircase may not be ventilated if access via ventilated lobbies at all floors except the top most and; if buildings 18m high or less with top most floor ventilated at top most with 5% of area of enclosure. Buildings higher than 18m to be mechanically ventilated if not naturally ventilated at every floor or landing.
• Clause 203 – 207 
• Restriction and Classifications of Spread of Flames _ Reference to Eight Schedule and definitions of Class O and Classes 1 – 4 of materials.
• Clauses 208 – 212 
• Reference to roofs, Reference to buildings, Construction of roofs, Roofing materials, Category designation for fire penetration and spread of flame on roof surface.
• Clause 213 - 214 
• Fire resistance [on elements of structures] no less than as specified in the Ninth Schedule
• Clause 215 
• Definitions on Height of Buildings
• Clause 216 
• Conditions on fire rating of structures for Single storey buildings
• Clause 217 
• Fire resistance of structural member [a minimum fire rating for frames applicable based on the wall they support]
• Clause 218 
• Conditions on fire rating of walls for flats or maisonette
• 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 
• Foam inlets to be installed for windowless buildings, boiler rooms and structures/storage areas below ground where automated extinguishers not installed
• Clauses 235 - 236 
• Fixed installations via total flooding or unit protection system may be required e.g. for places with special hazard
• Clause 237 
• Fire alarms to be provided base on Tenth Schedule with premises exceeding area of 9,290sqm or higher than 30.5m provided with two-stage alarm system
• Clause 238 
• Large or tall buildings over 30.5m require Command and Control Centre to be located at designated floor with direct telephone connection to Bomba
• Clauses 239 – 241 
• Two voice communication systems to be provided [1] Bomba communications [2] pa system between control centre and public areas. Floor or zone of area over 929sqm of nett area to be provided with electrical isolation switches within staircases. Special visible fire alarm systems to be installed in addition to normal alarm for deaf persons or audible alarms undesirable.
• Clause 242 
• Fire fighting access lobbies to be 5.57sqm or more in area and have openable windows or openings for ventilation or mechanically ventilated.
• Clause 243 
• Buildings with top most occupied floor over 18.5m to be provided with Bomba lifts. Bomba lifts to be provided for every group of lifts discharged into the same protected enclosure but no more than 61.0m travel distance from furthermost point of the floor.
• Clauses 244 – 245 
• Standards required and approval of Ketua Pengarah Bomba.
• Clause 246 
• Certificate of Completion to be signed on Form B in Tenth Schedule once work is completed.
• Clauses 247 – 248 
• Water storage and markings to comply with Tenth Schedule and Bomba requirements.
• Clause 249 – 252 
• Smoke and heat venting in large buildings, Natural draught smoke vent, Smoke vents for exit safety to be designed to prevent accumulation of smoke during evacuation and manual vents must be openable by BOmba from outside.
• Clause 253 
• Emergency Power System to be provided for power and illumination for safety to life and property via storage batteries or generator set.

3.3.9. PART IX - Miscellaneous definitions and references and, the procedures on reporting on building failures [By-Laws Sections 254 - 258].

• Clause 254 – 256 
• 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 system’s 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.