Law and Policy Considerations on Building Work

TITLE: LAW AND POLICY QUESTIONNAIRE

1. What is the meaning Certificate of Completion and Compliance?
2. How to control of the building was done?
3. What universal service provision system in communication systems and multimedia?
4. Who has the power to investigate the commission of any fault?

ANSWER

1. Certificate of Completion and Compliance are certificate issued by building professionals such as registered Professional Architect with LAM, Professional Engineer registered with the LJM and / or registered Building Draughtsmen with LAM as the Principal Submitting Person. Certificate of Completion and Compliance replace toCFO[Certificate of Fitness for Occupation]. Act 1984 Uniform Building [Amendment 2007] [UBBL], which is responsible for monitoring the construction of the building process, to confirm that the building has been completed is safe and fit for occupation for which construction is in full compliance with the provisions of the law, approved building plan and also the conditions laid down by the PBT level approvals.

2. Certificate of Fitness for Occupation (CFO) to help in determining the characteristics of a building needs in terms of safety, convenience and so on. the aim is for the construction of a control and meet the requirements and regulations set by the local authorities to encourage the construction of an uncontrolled and unsafe.

3. In Section 202, the universal service provision system in communication systems and multimedia Minister can direct the Commission to determining a system to promote widespread use of network services atau112 Laws of Malaysia Act 588 applications services throughout Malaysia by encouraging installation of network facilities and provision of services networks or services in the areas of application underserved areas or for underserved groups within the community. The Minister may make regulations under section 16 for the implementation of this system.

4. The Commission shall have the power to investigate the commission of any offense under this Act or any regulations made under. The Commission may, in relation to any investigation in respect of any offense committed in under this Act or any regulations made under it, exercise the special powers in relation to police investigation except that the power to arrest without warrant given by the Criminal Procedure Code [Act 593] for any fault can capture not be exercised by the Commission.

INTRODUCTION For as an overview of the current legislations governing building and construction industry in Malaysian, it is be a comprehensive discourse on all the laws concerning property development and construction. The specific review on the Uniform Building By-Laws, 1984 / Amendments 2007 that had undergone significant amendments, as well as touching on the principal Act 133 - Street, Drainage & Building Act, 1974 / Act A1286 - Amendment 2007, in light of the implementation of the Certificate of Completion and Compliance (CCC). To understand the extent of the arm of the law in the building and construction industry it is best to describe the effects of some of these Acts in a property development. The following is a general idea of the coverage of the various Acts in development procedures and construction processes. None of the participant in the industry, whether property developers, building contractors or construction professionals such as architects, engineers, surveyors and town planners, can work without being governed or at least taking consider of or making references to the Acts and Regulations. SPECIFIC LAW AND POLICY DIVIDED INTO ELEMENT

1. WATER

Water Services Industry Act 2006 [Act 655] has been implemented on 1 January 2008 and has been in effect for more than 5 years. This period enforcement of Act 655 has shown weaknesses in provision existing terms of the implementation and enforcement of which are caused by problems are less clear interpretation, implementation / enforcement and modification policy.

1. Amendment of Section 177 - Instruction by the Commission.

SPAN produced guidelines to be followed in the industry water supply and sewerage services. To ensure that these guidelines are followed, the amendments suggested for provide penalties for any failure to comply with these guidelines.

2. Amendment Of Section 144 - Maintenance, Repair And Improvements

Install. This amendment seeks to enable the implementation of emergency work the public sewerage system or public water supply system that is on private land or premises without the need to give notice to the owner, occupant or land management agency or premises. Work emergency should be done quickly to prevent danger to the public, or the owner, occupant or management body land or premisesas the permission from the owner, occupier or management body can take.

3. Amendment of section 129 - use or supply of illegal law equipment, devices, materials, systems or facilities a non-standard

This amendment aims to increase fines and jail terms for any offense committed by any person who uses or suppliers who supply the equipment, devices, materials, systems or facilities relating to water supply or sewerage system is not as the use of the standard may result in serious. Source: Law of Water Services Industry (Amendment) 2013

2. VENTILATION
   1. Section 39, Light and natural ventilation

Subsection 1, Every room designed, matched or used for residential purposes, business or other, except hospitals and schools should be equipped with a lighting natural and natural ventilation through one or more windows that have a total area of not less than 10% of the floor area of the room and was relieved to be have open space that could allow the passage of air freely and undisturbed not less than 5% of the floor area of legal. Subsection 2, Every room used to put patients in a hospital must equipped with natural lighting and natural ventilation through one or more windows that have a total area of not less than 15% of the floor area of relief room and shall have open space that could allow passage of air freely and not subject to being not less than 7 A½% of the floor area. Subsection 3, Every room used for the purpose of conducting classes in a school shall be provided with natural lighting and natural ventilation through a or more windows that have a total area of not less than 20% of the floor area of the room and should have open space that could allow the passage of air independent and not subject to being not less than 10% of the floor area. Subsection 4, Every water closets, lavatories, urinals and bathrooms must be completed with natural lighting and natural ventilation through one or more open space which has a total area of not less than 0.2 square meters per closets, toilets, urinals and bathrooms and open space shall be allowed airway freely and undisturbed.

2. Section 41, Ventilation or air conditioning mechanical

Subsection 1, If ventilation or air-conditioning system is proposed permanent mechanical, Law Small in relation to the relevant building natural ventilation, lighting natural and high rooms can be waived at the discretion of local authorities Subsection 2, Any application to set aside the By-Laws may only be relevant considered if other than the air conditioning system eternal is provided ways other approved ventilation for the house which is air enclosure, so that in half an hour from the air conditioning system damage, clean air not less than the specified number as stated in the enclosure during the air conditioning system is not running. Subsection 3, The provisions of the Third Schedule to these Bye-Laws shall apply to buildings Replaced the air or reconditioning air mechanically. Subsection 4, Where permanent mechanical ventilation with respect to the toilet, closets, rooms bathroom or corridor held and maintained in accordance with the requirements of the Third Schedule of the Law This small, the provisions of these Bye-Laws relating to natural ventilation and natural lighting does not apply to the toilet, closets, rooms bathroom or corridor. Resource : AKTA JALAN, PARIT DAN BANGUNAN [AKTA 133] Sel. P.U. 26/1985 UNDANG-UNDANG KECIL BANGUNAN SERAGAM SELANGOR 1986 [mengandungi pindaan terkini – Sel. P.U. 142/2012]

3. AIR CONDITIONING
   1. section 160 Are Actions To Prevent Fire In Air Conditioning Systems.

All air-conditioning duct, including the frame, except those channels in separate and double residential building shall be constructed completely from nonburn materials and should be enough supported along its length. Nothing can penetrate the air conditioning duct fire wall unless as provided in the by-laws 148 and 156. The inclusion of an air conditioning equipment must be located so that no air can be circulate again from any area where a lot of flammable vapours or dust polluted issued and shall be placed in such a way so as to minimize withdrawal enter any substance a may burns.

4. FIRE

An Act to make provisions need for the Fire and Rescue Department to function effectively and efficiently, to protect people and property from fire and for purposes connected therewith.

1. By-Laws 139 are Separation of Area the Risk Of Fire.

Area flammable items should be removed and he was placed with fire resisting construction of a structure that has a degree-based TKA fire:

1. The boiler room and fuel storage area relate.
2. Dobby
3. Repairs involving danger processes and materials.
4. A lot of material storage area characterized dangerous.
5. The area storage of liquefied petroleum gas.
6. The room linen.
7. The room and substation transformers; and
8. Store flammable liquids.

2. By-Laws 153 Smoke detectors for elevator lobby.

All lift lobbies must be completed by smoke detectors. If the lifts are not open to a gas chamber, it cannot use a tool to open the door controlled by a beam of light or photo-detectors unless combined with its closing force that causes the door was closed the first time after thirty seconds of any interruption in the transmission.

3. By-Law 224 is the fire resistance of any structural element.

An element of the structure shall be deemed to have a fire resistance is required if the built according to the specifications given in the Ninth Schedule Laws within assumes of fire resistance given in Table as other relevant factors are not less than the required fire resistance and test conditions specified in the By-Laws of previous. Source : The Road, Drainage And Building 1974, By-Laws Of Buildings,(Federal Territory Of Kuala Lumpur) 1985,Part Vii, The Requirements Against Fire

5. ELECTRIC

An Act to provide for the regulation of the industry the electricity supply, electricity supply at prices reasonable, licensing of any electrical installation, control any installation, plant and equipment in respect with matters related to safety of persons and efficient use of electricity and for purposes connected therewith. Resource: 1 September 1990, P.U. (B) 494/1990

1. Section 9, License is required for use of installations: the terms, conditions and content licenses

Whenever can maintain, repair or upgrade any licensed installation or any part of it, licensee, or any person authorized by him may enter any land above, below or supply lines have been laid, placed or carried, or on top of piles or other equipment has been established, and can carry out all repairs in the run, fell or lop trees, remove vegetation and do all other things that cause as little damage as possible to pay full compensation in accordance with section 16 to all persons interested for any possible damage caused by it and compensation has not been assessed under section 11.

2. Section 23, Persons in charge competent control

Subsection 1, No installation or plant or other electrical equipment owned or managed by the supply authority can worked or operated except under control people who have qualifications and holds nothing certificate as prescribed, and no person who do not have the qualifications or hold a certificate as aforesaid shall keep any installation or can control the operation of any plant or electrical equipment. Subsection 2, Any person who violates this section is an offense and can be fined not more than ten thousand ringgit and, if the violation was continued, to a fine not more than one thousand ringgit for every day or part of a day during the infringement continued after conviction.

3. Section 23b, Installation to meet requirements

No person shall use or operate any installation unless the installation meets such requirements as may be prescribed in respect of the efficient use of electricity.

4. Section 23c, Equipment to meet requirements

No person shall manufacture, import, sell or offer for sale or lease any equipment unless the equipment meets such requirements as may be prescribed in respect of the efficient use of electricity. Resource: Laws Of Malaysia, Act 447, Electricity Supply, Act 1990 Incorporating all amendments up to 1 January 2006

6. TELECOMMUNICATION

An Act to provide for regulate the converging communications and multimedia industries, and for incidental matters. The objects for this Act are to promote national policy objectives for the communications and multimedia industry, to establish a licensing and regulatory framework in support of national policy objectives for the communications and multimedia industry, to establish the powers and functions for the Malaysian Communications and Multimedia Commissions and also establish the power and procedure for the administration of this Act. 6.1Section 27, Application for an individual licence A person may apply, in writing, to the Commission for an individual licence in respect of any matter requiring an individual licence under this Act. The Minister may set out in the regulations made under section 16 the persons or classes of persons who are not eligible to apply for an individual licence. An application under this section may be withdrawn at any time before it is granted or refused. 6.2Section 41, Effect of Suspension, Cancellation, Surrender Or Expiry Of An Individual Licence Subsection (1) If the suspension or cancellation of an individual license under section 37, or the submission of an individual license under section 35, has been enforced, or individual license has expired, the licensee shall immediately stop give any facilities or services related to the individual license was granted. Subsection (2), Notwithstanding subsection (1), the Minister may, on the recommendation of Commission, to authorize the licensee in writing to carry on providing any facility or service during a period may be specified by the Minister in the authorization for the purpose of winding up the affairs of the licensee. Subsection (3), Notwithstanding subsection (1), the licensee individual license has expired is entitled to continue give a facility or service seems individual license has not expired when the evidence submitted to the Commission that the licensee has applied individual license renewal in accordance with section 34 and applications it is awaiting a determination by the Minister. Subsection (4), Subject to subsection (2) and (3), a person a contravenes subsection (1) commits an offense and shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both. 6.3Section 133, Prohibition behaviour in anti-competitive practices A licensee shall not make any conduct which has the purpose of reducing competition with sizeable in a communications market.

7. TRANSPORTATION
   1. Section 151, If space is open for the elevator is not connected to a protected area, the elevator must be completed by air vents that are not less than 0:09 square meters for each elevator and is located in the upper part. If it does not come out of the air vents direct air to escape, the lift shall be ventilated to the outside through a channel that has a TKA required for the elevator World view.

2. Section 152, The open space in the elevator

1. Every open space in an elevator or in the elevator door opens into a lobby should be protected unless other suitable means of protection for the open space that satisfy local authority provided. These requirements do not apply to open type industrial buildings or other approved special building KPPB
2. TKA platform doors shall have not less than half of TKA for the pulley structure that has a minimum TKA for half an hour.
3. Nothing can be used for glass door or in the platform except for the sight of a panel which shall be polished with glass sight corded security, and shall be not more than 0.0161 square meters and a total area of one or more vision panel in a door shelf shall be not more than 0.0156 square meters.
4. Each panel bright open space shall reject a ball with a diameter of 150 millimeters.
5. Provision should be made to open all doors with the help of key platforms
6. emergency regardless of the position of the elevator car.

Resource : AKTA JALAN, PARIT DAN BANGUNAN [AKTA 133] Sel. P.U. 26/1985 UNDANG-UNDANG KECIL BANGUNAN SERAGAM SELANGOR 1986 [mengandungi pindaan terkini – Sel. P.U. 142/2012]

8. REFERENCE

1. https://jprb.dbkl.gov.my/Perundangan/ukb_1958/ukb_1985_Bahagian%20VII.htm
2. https://www.span.gov.my/pdf/law/draf/pindaan-akta-655/Ringkasan-Pindaan-Akta-655.pdf
3. Ringkasan-Pindaan-Akta-655.pdf%20WATER.pdf
4. https://www.agc.gov.my/Akta/Vol.%2012/Akta%20588.pdf
5. ww.agc.gov.my/Akta/Vol.%209/Akta%20447%20%20Akta%20Bekalan%20Elektrik%201990.pdf
6. https://eps.mbpj.gov.my/ukbs1984/ukbs1986pindaan.pdf

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