Professional Documents
Culture Documents
Engineering
Practice
contents
Volume 39 Sept - Nov 2008
4 Presidents Message
Editors Note
6 Announcements
Publication Calendar
7 Update
17
Cover Feature
In Malaysia (Part 1)
Be Mandatory?
32
Feature
56
Guidelines
Engineering Nostalgia
presidents message
KDN PP11720/1/2009(020604)
ISSN 0128-4347
Executive Director
Ir. Ashari Mohd Yakub
Publication Officer
Pn. Nik Kamaliah Nik Abdul Rahman
editors note
4 THE INGENIEUR
announcement
ASEAN CHARTERED
PROFESSIONAL ENGINEER
Registration Fees for Asean Chartered
Professional Engineer (ACPE) will be
waived until 2009.
Application Form for registration is
available on BEMs website
www.bem.org.my
June 2009:
PUBLIC AMENITIES
6 THE INGENIEUR
update
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(Part 1)
Flooding, Landslides, Debris Flow and Tsunami are some of the disasters experienced in Malaysia.
The flooding of Kuala Lumpur in the 1970s caused serious damage to lives and properties and
called for flood mitigation schemes in Kuala Lumpur. Over the years despite the repeated dredging
and canalization of floodwater in Kuala Lumpur, there were repeated incidences of severe flooding
in the city centre. As part of the overall solution to the frequent flooding problem, the diversion
tunnel project known as SMART was constructed and completed in June 2007. The tunnel is
dual-purpose designed to cater to flow of water and ease traffic congestion in the city of Kuala
Lumpur.
In recent times, climate change has brought about severe flooding in many parts of Malaysia
with increased frequencies. The landslide that caused the collapse of Block 1 of the Highland
Towers condominium in December 1993 claimed 48 lives. The landslide occurred during 10 days
of incessant rainfall. In November 2002, another landslide occurred and buried a bungalow at
the foothill within the vicinity of the Highland Towers site. The incidence also occurred during
the period of incessant rainfall and eight people were killed. Drainage of the Highland Towers
area has been unsatisfactory as there were numerous complaints from the residents to the local
authorities prior to the disastrous landslides.
Debris flow occurred at the Genting Highlands area emerging from the mountainside flanking
the access road and causing debris to flow onto the highway on June 30, 1995 and caused
temporary closure of Kuala Lumpur-Karak Highway. In the incident, 20 people were killed and
23 people were injured.
Debris flow also occurred in the Gunong Tempurong area along the North-South highway,
causing debris-comprising boulders, timber logs and mud to impact on the beams of a bridge,
necessitating closure of a stretch of the highway. This paper reports three cases of landslides
including the rehabilitation of a massive landslide of a tipped-fill slope that was unstable since
construction. Climate change is believed to be a factor contributing to this landslide.
8 THE INGENIEUR
cover feature
The
Highland
Towers
Condominium collapse (Fig. 2)
shows that it is important for a
designer to consider all aspect
of foreseeable possible danger
to the buildings in relation to
the environment including future
maintenance. Slope stability and
the structural foundation of the
building are integral in the design
analysis process. Professionals
must put health and safety above
all other factors in the design
consideration. The need to get
rid of surface and subsurface
water from site is clear from this
tragedy.
Debris flow type of slope
failures will increase with more
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Date
Location
Landslide Details
January 4,
1971
Bukit Gasing,
Petaling Jaya
September
1988
Ulu Kelang,
Ampang Jaya
December
1993
Ulu Kelang,
Ampang Jaya
June
1995
Genting,
Selangor
May
1999
Ulu Kelang,
Ampang Jaya
November
2002
Ulu Kelang,
Ampang Jaya
November 2003
Bukit Lanjan,
NKVE
GASING HEIGHT
DEVELOPMENT
May
2006
Taman Zooview,
Ulu Kelang,
Ampang Jaya
10 THE INGENIEUR
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THE INGENIEUR 11
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Tipped-fill slope
The sixteen units of terrace
houses located on top of the
slope were constructed on fill
of over 13m thick over a ravine
with loose tipped-fill slope at
their backyard that was constantly
slipping over the last 20 years
since the houses were built. The
drainage system has since not been
functioning. To make matter worst,
the residents have taken upon
themselves to indiscriminately
discharge domestic and storm
water over the slope from their
houses. Figs. 7 and 8 respectively
show photographs taken in 2004
on the condition of the slope
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Rainfall Record
The total amount of rainfall
during the consecutive months
of May 2006 and the 11 months
preceding it were very much
higher than the long term means.
It is evident that the area was
exceptionally wet and registered
cover feature
Updates On Route
To Professional Engineer
By Ir. Prof Dr K. S. Kannan
The purpose of this article is to provide guidance to registered Graduate Engineers who are seeking
registration as Professional Engineers based on the current requirements.
Professional engineering services
professional engineering services means engineering services and advice in connection with any feasibility
study, planning, survey, design, construction, commissioning, operation, maintenance and management of
engineering works or projects and includes any other engineering services approved by the Board;
The relevant extracts from the Registration of Engineers Act 1967 (Revised 2007) in respect of graduate/
professional registration is provided below:
Restrictions on unregistered persons, Graduate Engineers, etc.
7.
(1) No person shall, unless he is a Professional Engineer(a) practise, carry on business or take up employment which requires him to carry out or perform
professional engineering services.
(aa) be entitled to describe himself or hold himself out under any name, style or title (i) bearing the words Professional Engineer, or the equivalent thereto in any other
language;
(ii) bearing any other word whatsoever in any language which may reasonably be construed
to imply that he is a Professional Engineer; or
(iii) using the abbreviation Ir. before his name or the abbreviation P.Eng. after his name or
in any way in association with his name;
(b) use or display any sign, board, card or other device representing or implying that he is a Professional
Engineer;
(c) be entitled to recover in any court any fee, charge remuneration or other form of consideration for
any professional engineering services rendered; or
(d) use the stamp as prescribed in the Second Schedule.
(2) Notwithstanding subsection (1) (a) a Graduate Engineer may, subject to section 8, take up employment which requires him to
perform professional engineering services;
Only Professional Engineer and Engineering Consultancy Practice may submit plan, drawing, etc.
8. (1) Except as otherwise provided under any other written law, no person or body, other than a Professional
Engineer who is residing and practising in Malaysia, or an Engineering consultancy practice providing
professional engineering services in Malaysia, shall be entitled to submit plans, engineering surveys,
drawings, schemes, proposals, reports, designs or studies to any person or authority in Malaysia.
16 THE INGENIEUR
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Figure 1
18 THE INGENIEUR
Professional Engineer
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Replaceable to
(Capital Control Spare Part)
Hydro Instruments Chlorinator
Jesco
Metering
pump
Other Services
Skid mounted dosing systems
Chemical preparation system
Flocculator and Mixer
THE INGENIEUR 19
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20 THE INGENIEUR
BEM
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Extent Of Liability
The engineers liability has no limits in quantum
and in time.
In some countries for damages arising from
negligence time is limited by what is called the long
stop of 10 to 15 years, from the time the services
were performed, after which period the engineer
will not be held liable. In Malaysian law we have
no long stop but it is felt among most professions
that this would be desirable.
As for quantum, this depends on the nature
of the project, e.g. collapse of a tall building or
a major bridge would obviously have far greater
consequences than a (minor) slope failure on a
road embankment or cracks in a single residential
building.
22 THE INGENIEUR
cover feature
Amount(RM)
100,000
1,000,000
500,000
700,000
Cumulative(RM)
1,100,000(A)
1,600,000(B)
2,300,000(C)
Slope failure
cover feature
911
Collapse of major insurers in Australia and
Europe
Large hikes on premiums
Construction in progress
24 THE INGENIEUR
BEM
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he Board of Engineers Malaysia (BEM) has, from time to time, received enquiries and complaints from the public
about the conduct of engineers in relation to the Registration of Engineers Act. BEM has, therefore, produced the
guidelines herein that outline the conduct expected of engineers. These guidelines are set out under a number
of broad areas relating to the engineering profession.
1) Registration
Under the Registration of Engineers Act 1967 (Act 138) and subsequent amendments, the most recent being year
2002, it is a requirement of the Law that any person providing engineering services be a qualified person and
registered with the Board of Engineers Malaysia. This requirement extends to foreigners who are required to seek
registration as Temporary Engineers. The Dos and Donts below relate to the requirement of this Act.
1.1
1.1
1.2
1.3
1.4
1.5
DOs
An engineering graduate with accredited engineering degree must register with the Board of Engineers to take up employment as an engineer.
DONTs
An engineer should not be the Submitting Person for designs beyond his/her area of competency
An engineer should not endorse his PE Stamp and sign on reports or plans not prepared by him.(see also Consultancy - 2.3 of Dont )
An engineer should not enter into partnership with any party not permitted under the Engineers Act.
An Engineering Consultancy Practice should not provide professional services in any branch of engineering where none of its directors are registered to practise in that
branch of engineering.
An engineer must not practise in the branch of engineering he is not registered in.
2) Consultancy
In the Registration of Engineers Act 1967 (Revised 2002), provision is included for the registration of Accredited
Checkers and the requirement of Continuing Professional Development (CPD) beginning year 2005.
2.3
2.4
2.5
2.6
2.7
2.8
2.9
DOs
An engineer should be transparent and receptive to peer review or checking of his work if requestd/required by the client/authorities.
A checker engineer must be open to the views and design concept of the original designer and in areas of disagreement, the checker must give justification for his
disagreement.
A checker engineer should take full responsibility for the checking of the work himself.
An engineer should undertake continuing professional development to enhance his knowledge and capability.
An employer engineer should ensure that his employee engineers are bona fide engineers registered with BEM.
An engineer should report unethical practice to BEM.
An engineer who is a Submitting Person must ensure the accuracy of and be responsible for all works delegated to others by him.
An engineer should make optimum use of manpower, materials and money.
An engineer should be aware of Government requirement to use local materials, wherever possible.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
DONTs
A checker engineer should not accept checking of work not within his area of competency as well as work that he is not familiar with.
An engineering consultant should not carry out projects for fees below the minimum outlined in the scale of fees.
An engineer should not endorse any work not performed and/or supervised by him.
An engineer should not supplant another engineer.
An engineer should not compromise on public safety.
An engineer should not offer his opinion on engineering matters unless he has full facts to support the opinion.
An engineer should not base his design on unsubstantiated data, for example designing foundation without soil investigation.
An engineer should not have any conflict of interest whatsoever in connection with the work he is undertaking unless prior approval from BEM and client are obtained.
An engineer should not accept work outside his regular work without the expressed permission of his employer.
2.1
2.2
30 THE INGENIEUR
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3) Supervision
The supervision of works designed by the Submitting Engineer is a requirement under the Uniform Building ByLaw 5 (UBBL 5). This By-Law states that supervision must be provided by the Submitting Engineer to ensure that
the works carried out are as intended in the design. Delegation of supervision is permitted but the responsibility
of this supervision still rests with the Submitting Engineer.
3.1
3.2
3.3
3.4
3.5
3.6
DOs
An engineer who is the Submitting Person should be responsible for the project regardless of whether it is self-supervised and/or delegated supervision.
An engineer must be meticulously proper and correct in certification of works.
An engineer must be familiar with and knowledgeable in the work he is to supervise.
An employer engineer shall ensure that his staff undergoes regular and proper skills-training.
An engineer supervising a project shall keep proper records of all documents and correspondence pertaining to the project.
An engineer must be conversant with time and cost implications in the issuance of any instruction.
3.1
3.2
3.3
3.4
3.5
3.6
DONTs
4) Regulatory Requirements
All engineers registered with the Board of Engineers Malaysia must be familiar with the requirements of the
Registration of Engineers Act 1967 (Act 138) and its subsequent amendments. Ignorance of the requirements of
this Act is no defense in the Courts of Law in Malaysia.
4.1
4.2
4.3
4.4
DOs
An engineer should notify the relevant authorities (within reasonable/statutory time limit) on changes in designs or withdrawal of services.
An engineer should submit completed forms in time for inspection and approval for Certificate of Fitness / Certificate of Completion and Compliance.
An engineer should be aware of environmental, health and safety matters during and after construction.
An engineer should ensure that environmental, health and safety measures are implemented as per drawings and specifications.
4.1
4.2
An engineer should not allow works to proceed before plans are submitted to and/or approved by the relevant authorities.
An engineer should not undertake a project for which the client is not going to fulfill statutory requirements.
DONTs
5) Code of Ethics
All engineers are expected to uphold the integrity of the profession by behaving in a manner expected of him
in the Code of Conduct of Engineers.
5.1
5.2
5.3
DOs
An engineer must be conversant with the Code of Conduct of Engineers.
An engineer must understand the need for responsibility and liability as stipulated in the Code of Conduct.
An engineer must respond promptly to complaints and enquiries by clients /authorities.
DONTs
5.1
5.2
5.3
5.4
These guidelines are by no means exhaustive and will be updated from time to time to reflect the changing needs of
the profession. All engineers are required to be fully familiar with the Registration of Engineers Act 1967 (Act 138),
and its subsequent amendments, and the Code of Ethics. The requirements of this Act are to be upheld at all times
by the engineering profession. BEM
THE INGENIEUR 31
CHANGE IN LIABILITIES
Promoters Deny That There Is
Change In Liabilities
Apartment buildings
32 THE INGENIEUR
Civil Liability
With regard to the first category,
the qualified person owed a duty
of care both under his professional
services agreement and the law
of tort to his employer to ensure
that the works were properly
supervised (see Dr Abdul Hamid
Rashid & Anor v Jurusan Malaysia
Consultants & 4 Ors [1997] 4 MLJ
243), the works had been executed
in accordance with the applicable
laws and by-laws and that Form
E had been certified and issued
to the local authority concerned
on time.
Breach of the said duty of care
would presumably have also made
him liable to third parties such
as the purchasers, lenders, etc.
under the tort of negligence (see
Chin Sin Motor Works Sdn Bhd
v Arosa Development Sdn Bhd
& Anor [1992] 1 MLJ 23). More
often than not, this head of liability
was usually covered under the
Statutory Liability
Pe r t a i n i n g t o t h e s e c o n d
category of the qualified persons
statutory liability this was confined
only to wrongful or fraudulent
certification of the Form E. For
wrongful certification, it merely
attracted a monetary sanction in
the form of a nominal fine under
the UBBL and SBDA (see By-law
26, UBBL and section 127, SBDA).
Fraudulent certification, if there
were criminal elements involved,
could presumably have attracted
a custodial sentence under the
Criminal Procedure Code (CPC),
but in practice was hardly the
case.
Professional Liability
On a professional level, if a
disciplinary offence could have
been established arising out of
the qualified persons certification
process, then the professional
involved could have been fined or
suspended depending on the gravity
of the offence and in a very serious
scenario, his registration cancelled
(for e.g. see sections 15(1), 25,
Factory
THE INGENIEUR 33
34 THE INGENIEUR
Lo c a l A u t h o r i t i e s S t i l l
Immune From Suit
Th e s e a m e n d m e n t s d o n o t
derogate the existing immunities
given to the local authority and
its officers against suit either
statutorily, or per the relevant
judicial pronouncements as
adverted to hereinbefore (see
section 97, SBDA). Hence, the
sum total of these is that the
local authority carries little or no
liability whatsoever should the CCC
process be flawed and the ultimate
certificate delayed or wrongly or
negligently or fraudulently issued.
N e i t h e r t h e d e ve l o p e r n o r
third parties such as purchasers,
lenders, etc. can look to the
local authority for any remedy or
recourse, save perhaps for a claim
for economic loss premised on
the local authorities breach of the
applicable statutory duties i.e. if the
Court of Appeals recent judgment
in the case of UDA Holdings Bhd
v Koperasi Pasaraya Malaysia Bhd
[2007] 6 MLJ 530 at 561 were to
be sustained.
No Change Of Liabilities
For Developer
As for the developer, owner
or vendor, there is no marked
change in liabilities either to the
Housing estate
36 THE INGENIEUR
PSP Open To
Disciplinary Action
Quite apart from the statutory
liability adverted to hereinbefore,
the PSP, being a professional,
may also be subjected to
disciplinary action by the Board of
Architects, Malaysia or the Board
of Engineers, Malaysia as the
case may be (see sections 17 to
19, the Architects (Amendment)
Act 2007), etc. Should there be
wrongful or negligent or false
certification by the PSP of the CCC
or any other disciplinary offence
Re g u l a t o r y B o d i e s C a n
Impose Heavier Penalties
The relevant regulatory bodies
concerned can mete out heavier
penalties in the form of bigger
fines, longer periods of suspension
of registration and even custodial
sentences (see sections 7A,
5(d), 24 and 25, Registration of
Engineers (Amendment) Act 2007).
As part of the self-policing or
self-regulating obligation, these
professional bodies have been
given more clout in the process
and ultimately the sanctions they
can mete out for disciplinary
breaches and offences committed
Lack Of Flexibility In
Implementation
Consultants Site
Supervisors Not Included In
CCC Procedure
Another area of concern is
non-inclusion of the consultants
site supervisors from the matrix of
responsibility. It is an undeniable
f a c t i n p ra c t i c e t h a t t h e s i t e
supervisors play a crucial role during
the execution and construction
stage of a building. They are the
38 THE INGENIEUR
Matrix Of Responsibility
Not Effective
Furthermore, the instant matrix
of responsibility appears to be
hastily constituted without having
sorted out its effectiveness as to
its enforceability. No doubt the
professionals are well registered
Professional Bodies
Disciplinary Proceedings
On the other hand, professional
bodies have pointed to the recent
strengthening of the disciplinary
40 THE INGENIEUR
Poor Conduct Of
Disciplinary Proceedings
Th i s c o n t e n t i o n i s f u r t h e r
reinforced by the current
unsatisfactory state of disciplinary
proceedings conducted by such
p r o f e s s i o n a l b o d i e s . Th e r e i s
hardly any publicity surrounding
the number of professionals
charged and disciplined or having
proceedings initiated against them.
The popular perception is that
the professionals, having been
given the statutory power to selfpolice their profession, will be
merely paying lip service to the
disciplinary provisions and more
often than not sweeping complaints
under the carpet.
Professional Indemnity
Insurance
Professionals, on the other hand,
must carefully weigh the risks and
rewards of the CCC procedure and
make both a political/professional
and commercial decision before
agreeing to undertake it. As the
likelihood of having monetary
claims, possibly a multitude, if
purchasers of a housing scheme
are involved, made against the
PSP is relatively higher with the
CCC regime, it would be prudent
for the PSP to procure adequate
Professional Indemnity Insurance,
although it is not mandatory at the
moment. He should be prepared
to pay the premiums involved
and if he is not able to recover
these as part of his professional
Limitations Of Professional
Indemnity Insurance
However, he has to be cautioned
on two consequential matters.
Firstly, the Professional Indemnity
Insurance policy may only partly
cover him for any claim sustained
against him depending on the
quantum of cover and the presence
of any excess clause; he being
liable for the balance. A body
corporate will have to pay it from
its coffers. However, if it is a
partnership or a sole proprietorship
then personal liability will be the
order of the day. Secondly, the
Professional Indemnity Insurance
Policy may serve as a doubleedged sword; for the presence
of such a policy may inevitably
attract more claims as he is then
perceived to have deep pockets
and, therefore a capacity to meet
such claims. Hence, these matters
have to be well thought of and
addressed appropriately prior to
the acceptance of the role of a
PSP.
Back-To-Back Indemnity
Provisions
Such a mechanism may not
relieve the PSP of his statutory
liability but will certainly help to
ameliorate the extent of his civil
liability. Taken a bit further, to
help in lessening his civil liability
to third parties arising out of the
breaches/defaults of the other
contracting parties for e.g. delay
in endorsing the Forms G1 to
G21, also, wrongful and negligent
certification, the PSP can insist on
having indemnity provisions on a
back-to-back basis built into the
contracts of all such parties or,
failing which he may join them
as co-defendants in the event of
any litigation. Here the input of
the construction lawyers is crucial
and the positive co-operation of the
developer/vendor essential.
CONCLUSION
CCC Procedure Is
Radical Change
The CCC procedure is a radical
change in the building industry. It
is aimed at removing the perennial
complaints of delay in the issuance of
the CFO by shifting the responsibility
of certifying completion from the
administratively inefficient and
compromised local authorities to
the professionals. On the face,
it seems a bold step. Whether it
helps to make the building delivery
system transparent and efficient is
an open verdict.
CANADA
AUSTRALIA &
NEW ZEALAND
42 THE INGENIEUR
Tel: 603-21711563/4
www.emigration-center.com
Fax: 603-21711560
ec@emigration-center.com
feature
Photo 1 - Taken at night on May 11, 1961. Photo taken by Mr Chew Yit Fong
of Snow Ball Foto, Tanah Rata.
Rescue workers were searching for victims throughout the night. Staff and
workers of Joint Venture Hochtief A G & Philipp Holzmann A G Germany
and CRE Cameron Highlands Hydro Electric Project were seen helping the
rescue operations to find victims buried under the thick layer of earth and
debris.
feature
44 THE INGENIEUR
guidelines
FAQs On Certificate Of
Completion And Compliance
Compiled by Ir. Chen Thiam Leong
he two-day Conference to improve the delivery system of Government services - to improve the
development processes as well as property management, held at Sunway Lagoon Hotel Ballroom,
was launched by the Hon. Prime Minister Datuk Seri Abdullah Ahmad Badawi on April 13, 2007.
The issuance of the Certificate of Completion and Compliance (CCC) by professionals was launched on
the same day.
1. When do the new laws enabling professional Architects/ Engineers to issue CCC come into force?
The CCC system came into force effective April 12, 2007.
guidelines
5. Can CCC be issued for projects with Building Plan approved before April 12, 2007?
No, CCC can only be issued for projects that have obtained their Building Plan approvals after April 12,
2007. This is because under the new CCC system, a responsibility process matrix is introduced. Each
construction process needs to be verified by professionals and contractors or trade contractors. Twenty-one
stage certification forms need to be endorsed along the entire process. These are included as new schedules
(Form Gs) under the revised UKBS 1984 (Amendment) 2007 (Uniform Building By-Laws).
6. What must be done for a project that has already obtained building plan approval to come under CCC?
The building plan must be resubmitted for approval under the new (CCC) system. Projects where works
have commenced on site will not be able to use the new CCC system.
7. Can a CCC be issued if any or several of the Forms Gs are not certified by the stated parties?
No. The PSP must ensure that all Form Gs are duly filled and certified and all the conditions have been
fulfilled before CCC can be issued. Failure to comply is a serious offence. It is advisable to ensure that CIDB
registered contractors and licensed tradesmen (e.g. electrician and plumber) are informed of their obligations
as early as possible from the time of tender and award of works, and their respective certification is obtained
immediately upon satisfactory completion of their respective scope of works. It is not prudent to leave all
such certification to the end of the project or just when the PSP is about ready to issue the CCC.
8. What are the conditions, certification, or clearances required before a PSP can issue the CCC?
The project works need to be completed in accordance with the approved Building Plans (or subsequent
revised approved building plans or as-built plans) and the PSP has supervised the works accordingly. All
Form Gs are duly filled and certified, clearances and or confirmation of supply/connection to six essential
services department TNB (confirmation of electricity supply), water authorities (confirmation of water supply),
JPP (confirmation of connection to sewage treatment plant or mains), JKKP (clearance from factories and
machinery department for lifts if applicable), Bomba (clearance for active fire fighting systems except for
residential buildings not more than 18 m height), and Roads & Drainage department. With these clearances
in place, the PSP can then issue the CCC.
THE INGENIEUR 47
guidelines
10. There seems to be a lot more things that the PSP has to do. Is there any change to the level of
responsibility required of the PSP?
There is no change to the responsibility or liability on the PSP as under the old system the PSP was already
fully liable and responsible for the entire project even though the PBT approved it and issued the CFO for
it. There could be an increase in the tasks involved such as the need to compile the 21 Form Gs under
the matrix of responsibility. However this process helps to identify and call to attention the various parties
responsible in the complex delivery process of buildings today. The CIDB registered contractor and licensed
specialist trade contractors will now be called upon to take responsibility for their respective portion of
works. There is however, possible time saved from previously having to attend to the submitting of Form
E and applying for the CFO.
As there is great need to strengthen the professionals ability to supervise works on site, the professional
boards are working with the Ministry of Works and the CIDB to upgrade and regulate the important role
of site staff / Clerk of Works.
There are increased penalties for offences. Under the amendment to the Street, Drainage and Building Act
1974 (Act 133), the penalty for the offence of not abiding by the orders of PBT is increased for general
penalty and includes imprisonment for term not exceeding three years and a fine of up to RM10,000.
Under the Uniform Building By-Laws, the parties that issue Form Gs and CCC without complying with the
provision of the Acts can be sued and reported to the controlling professional bodies. Both the Architects
Act 1967 (Act 117), Registration of Engineers Act 1967 (Act 138) have been revised to provide for stricter
disciplinary action on professionals by increasing fines, extending the duration of membership suspension
and cancellation of membership.
13. What is the implication if a PSP passes away or is not contactable after issuance of CCC?
The responsibility and liability for the safety of the building whether it is during construction or after it
is completed, lies with the submitting person as per Section 71 of the Street, Drainage and Building Act,
and this remains unchanged for both the old CFO or the new CCC system. Under the CCC system, a
48 THE INGENIEUR
guidelines
matrix of responsibility is put in place by means of stage certification (Form Gs), by the respective parties
to ensure responsibility and accountability of all parties involved. The matrix of responsibility is also to
introduce check and balance and to minimize risk. The situation is similar to the old CFO system which
allows another PSP to be appointed to take over the project with the approval of the PBT. The owner
or developer will need to appoint a new PSP and the new PSP who takes over shall resume all liability
and responsibility.
14. Does the PBT owe a duty of care to ensure that the building constructed is safe and suitable
to be occupied?
The PBT still has a duty of care under common law to ensure that the building constructed is safe and
suitable for occupation. Under the new CCC system, the PBT still has a role and responsibility in the
process of issuance of CCC as per sub-section 70 (23) and (24) of Street, Drainage and Building Act.
The PBT is also empowered under Section 85A of the Act to direct inspection to be carried out on the
building by the owner 10 years after CCC has been issued for the said building.
16. Does the PSP need to submit Form G1 to G4 in stages to the PBT for their information or should
these be submitted only when the PSP issues Form F (CCC) together with all the Forms G1 to 21?
Based on provision of the UBBL, there is no requirement to submit Form G1-G4 to the PBT earlier or
separately, as all the 21 Form Gs are only required to be attached with Form F/F1. However, at a recent
meeting with Ministry of Housing and Local Government and as per their last published guidebook, the
Ministry has requested for the PSP to notify the PBT upon certification of Form G1-G4 as an interim measure
(so that the PBT can decide whether they would wish to inspect the site at those stages of completion).
The PSP only needs to notify the PBT and there is no need to submit Forms G1-G4 earlier.
17. Should the relevant Form Gs be endorsed by the main contractor or the building contractor
who happens to be a sub to the main contractor of a project?
The main contractor who enters into the contract to construct the building should be the party to sign the
Form Gs. Please take note that the Board of Engineers Malaysia has since published a Guide to Filling
Up Forms F/F1 and Form Gs where the signing parties are clearly identified.
18. In a Turkey project/Design and Build project where the contractor is not the building contractor,
who should endorse the Form Gs - the main contractor or the building contractor as both are CIDB
registered contractors?
The turnkey contractor who enters into the Design and Build contract, regardless of whether the PSP
is engaged by him or by the owner, shall be the party signing the Form Gs. He can choose to employ
any sub-contractor to carry out the various parts of the building construction but he will remain the
party accountable.
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guidelines
ORM
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guidelines
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guidelines
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guidelines
Notes:
1) PSP shall
notify the local authority through OSC (in writing or using prescribed form) after Forms G1-G3 are certified (i.e. after completion
of Earthwork,
Setting Out and Foundations)
2) Form
F/F1
and Form G-1 to G-21 shall be forwarded to the Local Authority and BAM/BEM within 14 days of the issuance of Form F/F1
3) If Contractor
or Trade Contractor is the same in multiple Forms, then attach only one (1) set of the required document/s.
Legend
BP = Building
LA = Local Authority
Plan
SP = Submitting
PSP = Principal Submitting Person
Person
ECP = Engineering
Consultancy Practice
PMA = Perakuan Mesin Angkat
Editors
note:
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Samples
of CCC Forms are
engineering nostalgia
Communal well behind the new village houses in 1948. Most houses were allocated space for
livestock rearing.
(Submitted by Ms Helen Tan Siew Keng)
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