Professional Practice (Part 1)

8/13/2019 Professional Practice (Part 1)

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Induction Course for new M&E Engineers

4 –

6 March 2013

Professional Practice

Ir. Douglas Chow Tet Fah

Director

Petareka Perunding (M) Sdn Bhd



ASSOCIATION OF CONSULTING ENGINEERS MALAYSIA

First Edition; 12 April 2009

This is the First Edition of ‘Lectures on Professional Practice – Part I’ which is structured around the

syllabus for Paper 1 (Common Paper) of the Professional Competency Examinations (P.C.E.).

© COPYRIGHT; ASSOCIATION OF CONSULTING ENGINEERS MALAYSIA & IR. LOOI HIP PEU

ACEM; No.63‐2 & 65‐2, Medan Setia 1, Damansara Heights, 50490 Kuala Lumpur, Malaysia

Ir. H.P. Looi; No. 23, Jalan SS21/34, Damansara Utama, 47400 Petaling Jaya, Selangor Darul Ehsan

Email: [email protected] Email: [email protected]



Page 2 of 33 © Ir. H.P. Looi (12 April 2009)

THIS PAGE IS INTENTIONALLY BLANK.



1 INTRODUCTION AND OBJECTIVES

1.1 WHAT IS PROFESSIONAL PRACTICE? A Q UICK DEFINITION!

‘Professional Practice’ is a topic which deals with the standard of practice expected of a

professional

engineer.

Figure 1 –Defining

“Professional

Practice

1.2 STRUCTURE OF PAPER

This lecture series on ‘Professional Practice’ is structured into 2 Parts. Both Parts of the

lectures are based on the syllabus for Paper 1 (Common Paper) of the Professional

Competency Examinations. The two Parts of this lecture series are:

(a) Part I – Professionalism

(b) Part II – Practice

1.3 OBJECTIVE OF ‘PROFESSIONAL PRACTICE – PART I (PROFESSIONALISM)’

Professional Practice – Part I aims to provide an understanding of the following topics, both

from a conceptual and practical view point:

(a) Professionalism on a conceptual basis and ethical conduct.

(i) The four universal concepts of Professionalism.

(ii) Code of professional conduct (The Registration of Engineers Regulation)

(b) Engineer’s responsibility to society and to the public

(i) Introduction to Common Laws as practiced in Commonwealth Countries.

(ii) Introduction to the ‘Civil Law Act’, basic concepts of ‘torts’.

(iii) Introductory concepts of professional responsibility, duty of care and due

diligence, minimum level of expertise and diligence expected under tort laws.

(c) Laws and regulations governing the engineering profession in Malaysia

(i) Categorisation of Laws, Regulations, By‐Laws and Local Rules.

(ii) The Registration of Engineers Act.

(iii) The Registration of Engineers Regulations.

(d) Overview of Laws and Regulations Pertaining to Buildings and Construction

WORK/ACTIVITY CARRIED OUT IN ACCORDANCE WITH STANDARD OF

ETHICAL BEHAVIOR.

PROFESSIONAL

PRACTICE

ACTIVITY, TO CARRY OUT, TO APPLY, TO PERFORM

PERSON WITH SPECIAL EXPERTISE WHO ADHERES TO A MINIMUM

STANDARD OF ETHICAL BEHAVIOR IN HIS WORK. PROFESSIONAL

PRACTICE

© Ir. H.P. Looi (12 April 2009) Page 1 of 33




(i) ‘Streets, Drainage & Building Act’ & the ‘Uniform Building By‐Laws’

(ii) Other laws and regulations having relevance (brief listing and description of its

objectives and relevance to the submitting engineer).

2 UNIVERSAL CONCEPTS OF PROFESSIONALISM AND CODE OF CONDUCT

2.1 FOUR KEY CONCEPTS OF PROFESSIONALISM

Professionalism for the engineer relates to the ethical conduct and professional standing of

the engineer in the course of his work or interaction with his peers, client and the public. The

obligation and conduct expected of a professional engineer can be summarised into four key

concepts (listed in order of importance):

“Peers” – Equal. Person of the same rank or social standing, e.g. an engineer’s peers will be his fellow engineers.

FIGURE 2 – THE FOUR UNIVERSAL CONCEPTS OF “PROFESSIONALISM”

(a) Interest of the Public The public interest holds paramount consideration in the

conduct and work of the professional engineer. Under this principle, engineering

decisions which are deemed injurious to public interest (engineering practice or design

which is unsafe, can cause harm to the public or are injurious to the environment etc)

take precedence even if such decisions may not be to the economical advantage to his

client or to himself.

(b) Fiduciary Interest

of

the

Client

in

practical

terms

requires

the

professional

engineer

to

hold in trust the interest of his client. Like a doctor, the interest of the client is held as

in his own interest. Under this principle the consultant engineer shall take all

measures to ensure that the interest of the client take precedence over his own

interest. Measures under this principle include economy in engineering, best practice

in engineering, providing proper advice to the client especially where it relates to

statutory laws, and timely completion of works.

“Professionalism” is a standard of conduct which is generally ethical (moral) in nature.

Fiduciary – ‘Fi du cia ry’ (a) of or relating to, a holding of something in trust for

another; a fiduciary heir; a fiduciary contract; (b) of or being a trustee or trusteeship;

(c) held in trust.

Public Interest

Client’s Interest

Code of Conduct

Expert

Knowledge




(c) Professional Conduct generally pertains to a code of conduct which is specific to the

engineering profession. Under this principle professional engineers are enjoined to

uphold the status of the profession by maintaining a standard of conduct which are

ethical, moral

and

in

some

cases

personal

in

nature.

Broad

principles

of

honourable

conduct which are encoded as a “Code of Conduct”, include the following:

(i) honesty – a professional must be honest at all times.

(ii) modesty e.g. professionals are not to openly advertise their expertise, a

professional will not make superlative claims in advertising his expertise.

(iii) maintaining a fair and unbiased judgement and opinion based on his expertise,

e.g. a professional in making recommendations on appointment of contractor

must base such recommendations solely on his technical judgement and

expertise.

(iv) fair consideration for his fellow professional (his peers); e.g. a professional will

not supplant another professional, a professional will refrain from commenting

on the Work of another professional without knowing the full facts of the case.

“Supplant” – to take over the work or interest of another.

(v) avoidance of conflict of interest, e.g. a professional must not act as the

contractor and design consultant for the same project, a professional must not

recommend a supplier or contractor of which he has interest.

(vi) undertaking work

of

which

he

has

the

expertise,

e.g.

a civil

engineer

with

limited expertise in structure must engage the services of an engineer with

expertise in structural engineering.

Principles of honourable conduct are universal values which when translated into a

written code may vary from country to country (where engineers are recognised as

professionals); e.g. the degree of modesty (advertisement) allowed, conflict of

interest situations specified etc.

“Vocation” – a career, a work profession, a trade, an occupation.

(d) Expert Knowledge The professional engineer’s knowledge, which distinguishes him

from the general public, is a defining feature of the profession. The promotion and

advancement of knowledge specific to the engineering profession is a major activity in

most societies or organisations styling themselves as learned society or association of

professionals. Sub‐agenda under this principle include advancing expert knowledge

and promotion of and participation in continuing professional development (CPD).

The presence of a “Code of Conduct” is a principal characteristic of any vocation

claiming

to

be

a

Profession.




Except for some specific variations in interpretation described in (c) above, all four ‘core

concepts’ of Professionalism are universal in all countries recognising the engineer as a

professional. The four ‘core concepts’ also hold commonality with other professionals

(doctors, lawyers

architects

etc),

again

except

for

some

variations

in

(c)

which

are

specific

to

each profession.

2.2 CODE OF PROFESSIONAL CONDUCT – PART IV OF THE REGISTRATION OF ENGINEERS REGULATION

The basis of any profession is a “Code of Conduct”. The basis of any Professional “Code of

Conduct” is the four fundamental concepts of Professionalism discussed in 2.1 above. For the

engineering profession, a Code of Conduct is included in the “Registration of Engineers

Regulations”

CODE OF PROFESSIONAL CONDUCT

23 Every registered Engineer shall at all times uphold the dignity, high

standing and reputation of his profession.

Conduct of Registered

Engineer

24 A registered Engineer in his responsibility to his employer, client or the

profession shall have full regard to the public interest.

Responsibility to

employer, clients or

profession.

25 (1) A registered Engineer shall discharge his duties to his employer or

client as the case may be with complete fidelity.

Discharge of duties.

“Fidelity” – faithfulness to something to which one is bound by pledge or

duty. Fidelity implies strict and continuing faithfulness to an obligation,

trust, or

duty.

(2) Except with the permission of his employer, a registered Engineer

shall not accept any remuneration for services rendered other

than from his employer.

26 A registered Engineer shall not maliciously injure or attempt to

maliciously injure whether directly or indirectly, the professional

reputation, prospects or business of another registered Engineer.

Reputation etc. of a

Registered Engineer

not to be injured.

27 A registered Engineer shall not:‐ Canvassing and

advertising prohibited.

(a)

Canvass

or

solicit

professional

employment;

(b) Offer to make by way of commission or any other payment for the

introduction of his professional employment;

(c) Except as permitted by the Board, advertise in any manner or

form in connection with his profession; or

(d) Provide professional engineering services to any person unless the

scope of such services are clearly defined in a written agreement

between both parties.





28 A registered Engineer in any Engineering consultancy practice shall not

practice engineering

with

any

person

whose

registration

has

been

cancelled.

A registered Engineer

in an Engineering

consultancy practice

not to practice with

any person whose

registration has been

cancelled.

29 A registered Engineering in an Engineering consultancy practice shall not

be a medium of payment made on his client’s behalf unless he is so

requested by his client nor shall he, in connection with work on which he

is employed, place contracts or orders except with the authority of and

on behalf of his client.

Restrictions on making

payments or placing

contracts.

30

Repealed 2003

31 A registered Engineer shall not directly or indirectly:‐

(a) Supplant or attempt to supplant another registered Engineer; A registered Engineer

not to intervene or to

take over the work of

another.

(b) Intervene or attempt to intervene in or in connection with

engineering work of any kind which to his knowledge has already

been entrusted to another registered Engineer; or

(c) Take over any work of that other registered Engineer acting for

the same client unless he has:‐

(i)

obtained the

consent

of

that

other

registered

Engineer;

or

(ii) been formally notified by the client that the services of

that other registered Engineer have been terminated in

accordance with the provisions of any contract for

professional engineering services entered into between

that other registered Engineer and the client, provided

always that in the case of dispute over non‐payment of

fees or quantum of any outstanding fees under the

contract, the client may request the Board to be the

stakeholder.

32 (1) Except with the prior approval of the Board, a registered Engineer

in an Engineering Consultancy Practice shall not be a director or

executive of or substantial shareholder in or agent for any

contracting or manufacturing company or firm or business related

to building or engineering.

Restrictions on being a

director, member or

shareholder of contr‐

acting and manuf ‐

acturing company etc.

(2) If such approval is given, such registered Engineer shall not

undertake any contract work wherein he is engaged to provided

professional engineering services in such project unless it is in

respect of a “design and build” project.





33 Every registered Engineer while acting in his professional capacity shall

disclose in

writing

to

his

client

of

the

fact

if he

is

a director

or

member

of

or substantial shareholder in or agent for any contracting or

manufacturing company or firm or business, with which he deals on

behalf of his client.

Disclosure of interest.

The “Code of Conduct” which is a mandatory for ALL registered Engineers can be categorised

based on the universal concepts of Professionalism as follows:

Clause Brief Description Professionalism

Concept

Description of

Concept

23

Conduct of

Registered

Engineer

(uphold

dignity,

high standing, reputation of profession). 3a

standing of

profession

24 Responsibility to employer, clients or profession. 1 & 2a Public & fiduciary

interests

25 (1) Discharge of duties with complete fidelity. 2a Fiduciary interest

25 (2) Accept remuneration only from his employer. 2 & 3a Conflict of interest

26 Reputation etc. of a Registered Engineer not to

be injured.

3a Fair consideration of

his peers.

27

Canvassing and

advertising

prohibited.

3a

Modesty

28 Registered Engineer not to practice with any person

whose registration has been cancelled. 3a

standing of

profession

29 Restrictions on making payments or placing contracts. 2 & 3a

Conflict of interest

31 A registered Engineer not to intervene or to take over

the work of another.

3a Fair consideration of

his peers.

32 Restrictions on being a director, member or

shareholder of contracting and manufacturing

company etc.

2 & 3a Fiduciary interest &


33 Disclosure of interest. 2 & 3a


Note : 1 = Public Interest ; 2a = Fiduciary Interest; 3a = Code of Conduct; 4a = Expert Knowledge

Exercise:

Participants should read the “Code of Conduct” of the Architects (download from

http://www.lam.gov.my/codeofconduct.html ) and categorised the Code in accordance with

universal concepts of professionalism as in table above. Compare the Code for similarities with

the Code of Conduct for Engineers.




3 ENGINEER’S RESPONSIBILITY TO SOCIETY AND TO THE PUBLIC

3.1 INTRODUCTION TO COMMON LAWS AS PRACTICED IN COMMONWEALTH COUNTRIES

(a) Parliamentary Democracy

and

the

role

of

the

Judiciary

Commonwealth countries that were previously under the rule of imperial Great Britain

follow a system of government known as parliamentary democracy or ‘Westminster’

parliamentary system. Under this system, the state is headed by a ‘head‐of ‐state’ (the

Yang Di‐Pertuan Agong) with the following independent arms of government:

(1) THE EXECUTIVE arm is the government responsible for the day‐to‐day running

of the country and has no power to enact laws neither has it powers to

interpret the laws. The Prime Minister is the head of Government or

legislative arm of the State.

(2) THE LEGISLATIVE arm of the State is Parliament which comprises members of

parliament elected by the citizens. The legislative arm is responsible for

creating and amending laws which are passed onto the executive arm for

implementation and enforcement.

Malaysia has a bicameral legislature meaning she has two legislative chambers (one

appointed and the other elected). The two chambers are the Dewan Rakyat and the Dewan

Negara.

(3) THE JUDICIARY which is the third branch of the state, is responsible for

interpreting

laws

enacted

by

the

legislature.

The

judiciary

is

also

responsible

for acting as a “referee” or “check‐and‐balance” between the Legislative and

Executive arm of the State.

Figure 3 – Executive, Legislature and Judiciary of the Sovereign State of Malaysia.

The three branches of the State are in theory INDEPENDENT of each other and acts

as check‐and‐balance against any branch from accumulating too much power.




(b) Justice of Commonwealth Countries and Common Law

The judiciary is the system of courts which administer justice in the name of the

sovereign State. In Westminster system of Government, the judiciary is responsible for

interpreting laws and is independent of the other two arms of the State.

“COMMON LAW” refers to a body of rulings developed through decisions of courts. A

decision in a current case depends on decisions in previous cases of a similar nature.

Where no authoritative ruling exists, then the presiding judge has the authority and

duty to create a precedent which then passes into the body of “Common Law”. Once a

ruling based on a specific condition relevant to a case passes into Common Law, future

judges are duty‐bound to adhere to the precedent made, on similar cases. Precedent

of Common Law can also be reinterpreted or revised, if it can be concluded that the

conditions and environment (social, political etc.) have change or are different from

the original precedent.

“NATURAL JUSTICE” is a basic principle of Common Law Justice System which can be

defined as PROCEDURAL FAIRNESS in the dispensation of justice. “Natural Justice” is also

closely related to the principle of “Natural Laws”. Natural Laws deem that certain

principles of laws are so basic and obvious that they can be universally applied.

Natural Justice or Procedural fairness includes the following guiding principles:

(1) Adequate notice to be given to respondents.

(2) Person making decision should declare any personal interest.

(3) Person making a decision should be unbiased and act in good faith.

(4) Proceedings should be fair to all parties.

(5) Each party is entitled to ask questions and cross‐examine.

(6) A decision maker must take into account all relevant considerations and

extenuating circumstances.

The assertion of the United States Declaration of Independence , “We hold these

truths to be self ‐evident …” is an expression of ‘natural justice’.

Precedent set by British Common Law is commonly referred to as precedent in

courts of Commonwealth countries.

Understanding Common

Law

concept

is

important

as

basic

principles

of

Professional liability and torts are taken from British Common Law.

In Socialist country the National People’s Congress is the final authority on the

interpretation of laws.

In the U.S.A., the Supreme Court is the final authority on the interpretation of

Constitution, Statutes and Regulations.




(7) Justice must not only be done but must be seen to be done.

3.2 ‘CIVIL LAW’ AND BASIC CONCEPTS OF ‘TORTS’.

In Common

Law

justice

system,

legal

action

may

only

be

brought

between

parties

as

follows:

(a) Contract Law – parties to a Contract or Agreement (Civil Law).

(b) Criminal Law – State and an individual or organisation (Public Law).

(c) Statutory Law – State and an individual or organisation (Public Law).

(d) Civil Law – between individuals or organisations (Civil Law).

In Civil

Law,

the

objectives

are:

(i) Right a wrong, honour an agreement or settle a dispute

(ii) The person responsible for a wrong is made to pay compensation to the person who

is wronged or is a victim of a civil wrong.

As a comparison, the objectives of public laws are primarily deterrence and retribution.

Tort law is the body of law that addresses and provides remedies for, civil wrongs not arising

out of contractual obligations. Torts may classified as follows:

Figure 4 – Classification of Torts

“Tortfeasor” – pronounced \‘Tor ‐ feser\’; noun; a person who commits a tortious act

(Meriam‐Webster Dictionary)

“Tortious” – pronounced \‘Tor ‐‐shəs\’; adjective; implying or involving tort (Meriam‐

Webster Dictionary)

“Torts” – pronounced \‘Tort\; a wrongful act other than a breach of contract for which

relief may be obtained in the form of damages or an injunction (Meriam‐Webster

Dictionary)

Body of laws dealing with disputes between individuals or

organisations, in which compensation may be awarded to a victim.

C IVIL

L AW

NEGLIGENCE TORTS INTENTIONAL TORTS

TORTS

Accidents

Duty of Care

Product Liability

Nuisance

Defamation

Trespass

False Imprisonment




This lecture will however only focus on tort laws which are of interest to professional

engineers (or any person claiming to have a vocation as a professional); in this case

“Negligence Torts” relating to “Duty of Care”.

3.3 THE ‘CIVIL LAW ACT 1956’ ACT 67

This section will present a brief introduction to the Civil Law Act. All participants can download

a copy of the Act from ACEM website (http://www.acem.com.my). The parts Civil Law Act

having relevance to a practicing professional are summarised as follows:

PART I – PRELIMINARY

The Act is cited as the ‘Civil Law Act 1956’.

PART II – GENERAL

The application

of

UK

‘common

law’

and

the

‘rules

of

equity’

as

administered

in

England

shall

be legal in the interpretation of the Act in Peninsular Malaysia (April 1956), Sabah (1951) and

Sarawak (1949).

In case of conflict or variance between common law and rules of equity, the rules of equity

shall prevail.

Other sections of part II deals with insolvent estates, winding up of companies, commercial

matters and immovable properties.

PART III – ACCIDENTS AND SURVIVAL OF CAUSES OF ACTION

Part III as the title implies deals with accidents and compensations arising.

PART IV – TORTFEASORS AND AWARD OF INTEREST

Part IV deals with the principles in award of interest against a tort‐feasor:

(a) Action can be taken against tort‐feasors jointly or severally.

(b) The total (aggregate) amount of damages shall be fixed by the judgement first given.

Any other action (or law suit) for the same case if brought against any or other tort‐

feasors shall not exceed the total aggregate amount in the first judgement.

(c) Any tortfeasor liable may recover contribution from other tortfeasors who are also

liable for the same case.

“Rules of Equity’ (or doctrine of equity) is a set of legal principles in English law parallel to

English common law, acts as a supplement to strict rules prescribed by laws so as to achieve

principles of ‘natural justice’. Whereas remedy in Civil Law may provide award for damages

(frequently monetary), relief under equity include injunctions or writs e.g. injunction

directing a person to act or to refrain from acting etc., writ of habeas corpus etc.

In law decisions are made with reference to strict rules of legal doctrines or statutes.

However in

Equity,

which

its

emphasis

on

fairness

and

‘natural

justice’,

decisions

are

based

on general guides which in English law are the ‘rules of equity’.




(d) The court shall make decision on the amount of contribution recoverable from a

tortfeasor, shall be ‘just’ and equitable and shall have regards to that person’s

responsibility for the damage.

(e) Judgement or award do not affect criminal proceedings if brought against the

tortfeasor.

(f) The court also has the power to award interest on debts and damages.

PART V – CONTRIBUTORY NEGLIGENCE AND COMMON EMPLOYMENT

Liability (or damages) may be apportioned (or reduced) if negligence is also partly a fault of

the person suffering damages.

Other section of this part deals with Malaysian Shipping Ordinance and negligence arising

from employer/employee.

PART VI – FRUSTRATED CONTRACTS

Part VI deals with Contracts which are not concluded or ‘consummated’.

PART VII – DISPOSAL AND DEVOLUTION OF PROPERTY

Part VII deals with disposal of property.

PART VIII – MISCELLANEOUS

Miscellaneous provisions include voidable contracts arising from gaming clauses, custody of

infants, landlord‐tenant relief, and damages for personal injury.

3.4 PROFESSIONAL RESPONSIBILITY AND DUTY OF CARE

Summarising the previous, the responsibility of the professional engineer in law and in

practice is as follows:

(a) Principles of professionalism placed (1) public interest and (2) fiduciary interest of

the client over and above all else.

(b) Action may be taken by the public suffering damages against any tortfeasor based

on British common law and the rules of equity.

(c) In negligence tort, the professional owes a ‘duty of care’ to the public and his client.

Note: Mr Bolam (a voluntary patient at a mental hospital) sued the hospital due to injury caused by not being

properly strapped down during electro‐shock treatment. The judge ruled that the hospital was not negligent as it

was common medical opinion (at that time) that strapping down may cause more damage, and it was not (at that

time) the norm to advice patient of risk attendant to a course of treatment unless specifically asked.

“Bolam Test’ Bolam v Friern Hospital Management Committee, U.K. [ 1957 ]

“He (the hospital) is not guilty of negligence, if he has acted in accordance with a practice

accepted as proper by a responsible body of medical men skilled in that particular art.”

The standard ‘duty of care’ required of a professional engineer is sufficient by exercising the

ordinary skill of an ordinary engineer exercising their particular art.




From the above we can summarise the responsibility of the professional engineer as follows:

(1) In discharging his duty as a professional, the engineer is required to exercise due

diligence. The opposite of due diligence is negligence which will open him to action

under principles of negligence tort.

(2) In exercising due diligence it is sufficient for the engineer to exercise the ordinary

skill of an ordinary engineer; i.e. expert knowledge is NOT a requirement in due

diligence. However under principles of Bolam Test, the engineer is expected to be

proficient in the technical skills normally expected of a design/consultant engineer.

(3) It should

be

noted

that

skills

considered

as

currently

“expert”

may

become

“normal”

skill in future. Therefore under principles of Bolam Test, the engineer is required to

keep his skill “current” by attending refresher course or Continuing Professional

Development (CPD).

Exercise:

List down, in simple point form, the basic obligations of a professional engineer from the

perspective of civil law.

If an engineer volunteers to provide free professional services to a charity, can the ‘charity’

enjoying this free service, sue the engineer for alleged negligence?

Why is

it

mandatory

for

the

professional

engineer

to

maintain

CPD

under

civil

law.

Steven Phoa Cheng Loon v Highland Properties Sdn Bhd & Ors [2000] 4 CLJ 508,

the condition of the land on which the building is to be built as well as those in the vicinity

must be considered and evaluated, particularly if it has potential to adversely affect the

building that is being planned.

The professional engineer must considered all factors including the vicinity of the site

outside the boundary of his works/contract.

Dr Abdul Hamid Rashid v Jurusan Malaysian Consultants [1997] 3 MLJ 546:

The court held that there was an implied term in the agreement that the fourth defendant,

by publicly proclaiming himself as a consulting civil engineer to the general public, was

expected to take reasonable care and skill in the performance of his craft.

The professional

engineer

is

liable

for

tort

of

negligence

even

in

the

absence

of

a written

contract.

Highland Tower Ruling, K.L. High Court, Aug 2000:

the learned

judge

ruled

that

“...

the

unqualified

architect

who

undertook

the

works

would

be judged on the standard of a reasonably qualified architect ...

Even an unregistered engineer who practices engineering will be liable under civil law for

tort of neligence.




4 LAWS AND REGULATIONS GOVERNING THE ENGINEERING PROFESSION IN MALAYSIA

4.1 CATEGORISATION OF LAWS, REGULATIONS, BY‐LAWS AND LOCAL RULES.

An understanding of the differences between laws, bylaws, regulations etc. are essential

before embarking on a study of laws governing the professional engineer. Examples of laws,

regulations and bylaws are as follows:

(a) ‘The Street, Drainage and Building Act’ is an Act to regulate the building of houses

and buildings. The Minister of ‘Housing & Local Government’ is empowered under

this Act to managed/implement this Act. The Act can only be amended by

Parliament. Bylaws

under

this

Act

include”

(i) Uniform Building By‐Law (UBBL)

(ii) Earth Work By Law (EABL).

(b) The ‘Registration of Engineers Act’ is an Act to regulate the registration of engineers.

The Minister of Works is empowered to administer this Act. This Act can only be

amended by Parliament.

The ‘Registration of Engineers Regulation’ is approved by the Minister under the

authority of the Act to administer the registration of engineers and to maintain a

code of conduct for engineers.

4.2 THE REGISTRATION OF ENGINEERS ACT.

All participants should have a copy of this Act before proceeding with this lecture.

(A) STRUCTURE OF THE ACT

The Act is divided in Parts which group Sections or paragraph of the Act under

common topics:

Part I – Preliminary; Sections 1 & 2 deals with short title & interpretation of terms

“Law’ is a primary legislation passed by an Act of Parliament.

“Regulations’ (or secondary legislations or delegated legislations ) are laws made by an

executive authority (usually the Minister) empowered by a primary legislation to make such

regulations. Regulations are also limited by the scope defined in and subordinate to the

primary legislation empowering the enactment of such regulations.

‘ Bylaws’ (or ‘ By ‐Laws’ or ‘ Byelaws’) usually refers to a law pass under the authority of a

state authority or a body which derives its authority from another governing body

‘ Local Rules’ similar to Bylaws are rules made by municipal or local authorities or local body

(e.g. town

councils,

private

companies)

which

derives

its

authority

from

a charter

recognised

in law to have authority to make such local rules.




Part II – Board of Engineers; Sections 3 & 4 deals with establishment and Function of

the Board.

Part III

–

Registration

of

Engineers;

Sections

5 to

14

deals

with

the

registrar,

registration of engineers, engineering consultancy practice, body corporate providing

professional engineer services, registration of temporary engineers etc.

Part IV – Cancellation, Removal, Reinstatement; Sections 15 to 18 deals with the

topics as listed.

Part V – General; Sections 19 to 29 deals with general issues which can be summarised

as follows:

(i) Appeal & Appeal Board

(ii) Procedure for appeal

(iii) Penalties

(iv) Restriction on unregistered person to provide professional services,

(v) Regulations

(vi) Investigating Committee etc.

(B) SUMMARY OF IMPORTANT CLAUSES OF ACT

(i) The Board

Part

II;

(1) The Board is established with the following functions (Part II, Section 4(1)):

(aa) To keep and maintain the Register,

(bb) To approved or reject applications for registrations.

(cc) To order and issue written warning or reprimand, impose fine,

suspensions, cancellation, removal or reinstatement,

(dd) To fix from time to time, scale of fees,

(ee) To hear

and

determine

disputes

relating

to

professional

conduct

and

ethics,

(ff) To determine and regulate the conduct and ethics of the engineering

profession, and

(2) The Board has power to purchase/lease property, borrow money etc.

(3) The Board is under the jurisdiction of the Ministry of Works.

(ii) The Act substantially regulates engineers in the building‐construction sector. This is

borne out in the following clauses:

(1) Section 2, paragraph 6




“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

project and

includes

any

other

engineering

services

approved

by

the

Board.

(2) Section 8, Only Professional Engineer and Engineering Consultancy

practice may submit plan, drawing etc.

Section 8 contains 4 clauses which specifically restrict the right to submit plans:

Section 8 (1): “ … 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.”

(iii) Registration of Engineers

(1) Section 5(1). The register contains 5 categories of Engineers

(aa) Professional Engineers, (bb) Graduate Engineers,

(cc) Temporary Engineers,

(dd) Engineering Consulting Practices (ECP); and

(ee) Accredited Checkers.

(2) Section 7(1). No persons shall unless he is a Professional Engineer:

(a) practice , carry on business or take up employment which requires

him to carry out or perform professional engineering services;

(aa) be entitled to described or hold himself out under any name , style or

title as;

“Professional Engineer”

Any other word which may be reasonably be construed to imply that

his is

a Professional

Engineer

Use the abbreviation “Ir”.

(b) use or display in any sign, board or card or any device representing

or implying that his is a Professional Engineer.

(c) be entitled to recover in court any fee, charge, remuneration or

other form of consideration for any professional engineering services

rendered, or

(d) use the prescribed P.E. stamp.




(iv) Section 7A Engineering Consultancy Practices (ECP),

(1) Section 7A(1). A sole proprietorship, partnership or body corporate may

practice as an ECP and recover in any court, fees, charges, remuneration

only if it is registered with the Board of Engineers as an ECP.

(2) Section 7A(3). ECP may be sole proprietorship, partnership or body

corporate:‐

(a) in case of sole proprietorship, the sole proprietor is a P.Eng;

(b) in case of partnership all the partners are P.Eng;

(c) in case of body corporate (Sdn. Bhd.):‐

(aa) has board of directors comprising persons who are P.Eng;

(bb) has shares held by members of the board of director

mentioned in (aa) above solely or with any other person who are

Professional Engineers; and

(cc) has a minimum paid‐up capital which is an amount

prescribed by the Board.

(v) Section 7B, Body Corporate Providing professional engineering services,

architectural and/or quantity surveying consulting services

(1) Section 7B(1). Body corporate providing services in architectural, QS and

engineering services, may subject to conditions imposed by the Board,

register that part of the practice providing professional engineering

services.

(2) Section 7B(2). Body corporate applying for registration as ECP under

7B(1):‐

(a) has board of directors comprising Professional Engineers,

Professional Architects and/or registered Quantity Surveyors;

(b) has shareholdings structure as follows:

(aa) Minimum 70% shares held by combined P.Arch., P.Eng., QS

or body corporate practicing arch, ECP or QS,

(bb) The P.Eng or ECP holds minimum 10% shares, and

(cc) The rest of 30% may be held by any other persons belonging

to a profession allied to engineering, architectural or QS, being a

profession approved in writing by the BEM.




(vi) Section 8, Right to submit Plans

In Section 8, only a Professional Engineer or a registered ECP has a right to submit

plans, engineering surveys, drawings, schemes, proposals, reports, designs or

studies to any person or authority in Malaysia.

Exceptions to this are contained in Section 8(4):

(a) any person registered with any Government department, local authority

or statutory authority for the purpose of submitting plans, drawings,

schemes, proposals, reports, designs or studies to that department or

authority;

(b) any person holding a certificates referred in sub section 7(3):

(1) person holding

a certificate

under

the

Electricity

Supply

Act

1990,

the Factories and Machinery Act 1967 or other written law or any

regulations made thereunder, certifying him to possess a

qualification for the purposed of those Acts;

(2) person holds a certificate issued by any person, body, authority or

institution specified from time to time by the Board by notification

in the Gazette, certifying him to hold a qualification for the

purposes of any vocation.

(c) any person submitting plans or drawings where such plans or drawings are

in connection with equipment, plant or specialised product invented or

sold by him or his employer.

(d) Person registered as “Temporary Engineers” under Section 10A.

(vii) Section 10. Qualifications for registration

(1) Subsection 10(1)(a). Graduate Members, any persons who holds:

(aa) qualifications required for Graduate Membership of IEM and which

are recognised by the Board; OR

(bb) any qualification in

engineering

which

is

recognised

by

the

Board.

(2) Subsection 10(2)(b), Professional Engineers;

(aa) is registered as a Graduate Engineer and has obtained the practical

experience;

(bb) pass a professional assessment examination conducted by the Board,

OR is a Corporate Member of the IEM.

(cc) has complied with all requirements of the Board.

(3)

Subsection

10(2)(iv)

allows

a

person:




(aa) who has obtained a qualification of Graduate Member under

10(1)(a)

(bb) but who obtained professional qualification (practical experience)

outside Malaysia which the Board considers equivalent to that

required for Corporate Membership of IEM, and

(cc) has pass a professional assessment examination (PAE).

(4) Section 10(4) Only a citizen or a permanent resident of Malaysia may

qualify for registration as a Graduate Engineer or Professional Engineer.

No person shall be entitled to be registered as a Professional Engineer

unless, at the time of application, he has been residing in Malaysia for a

period of 6 months prior to the date of application.

(viii) Section 11. Registration of Temporary Engineers

(1) Subsection 11(2). A foreign engineer may be registered as a Temporary

Engineer:

(aa) possesses the necessary qualification of a professional engineer in

the country where he normally practises;

(bb) possesses the necessary experience and his presence is required in

Malaysia for not less than 180 days in one calendar year or he is a

resident representative of the foreign component of a joint‐venture.

(2) Subsection 11(3). Registration of Temporary Engineer is renewed annually.

(ix) Section 12. Registration of Accredited Checker

(1) Is a P.Eng in the relevant branch of engineering;

(2) Has at least 10 years experience in the design and construction of

buildings defined under the ‘Street, Drainage and Building Act 1974.

(3) Satisfies the Board that by virtue of this ability and standing in the

profession, special knowledge or practical experience, he is qualified to be

registered

(x) Section 15. Cancellation of Registration

(1) Convicted of an offence involving fraud, dishonesty or moral fortitude in

Malaysia or elsewhere;

(2) Offers or accepts commission which in the opinion of the Board is illicit;

(3) Whilst acting in his professional capacity, without disclosing the fact in

writing to his client, is also shareholder etc. of or agent for any

contracting company or manufacturing company or firm or business or has




any financial interest in any company or firm or business with which he

deals on behalf of this client;

(4) Registration is obtained by fraud or mispresentation;

(5) His qualification has been withdrawn or cancelled by the authority

through which it has been acquired or awarded;

(6) Found to be of unsound mind;

(7) Found to be incapable of or no longer able to perform his professional

duty;

(8) Becomes a bankrupt;

(9) Found by the Board to have contravene, or failed to comply with, this Act

or any

regulations

made

thereunder;

(10) Fails to observe any conditions or restriction of which he is registered;

(11) Found guilty of the Board of any Act or conduct considered disgraceful or

infamous;

(12) Procures or assist in procuring, or is a party to procuring, by fraud or

mispresentation, the approval of the Board for registration of a ECP;

(13) Conceal or assists in concealing from the Board the existence of any facts

or circumstances which if known would entitle the Board to cancel the

registration of an ECP;

(14) Contravenes or fails to perform or assists in the contravention of any

terms and conditions or restriction imposed by the Board when registering

an ECP;

(15) Causes or permit or suffers to permit any ECP of which he is a sole

proprietor or partner or director to practice as an ECP prior to its

registration as an ECP.

(16) Causes or permit or suffers to permit any ECP of which he is a sole

proprietor or partner or director to practice as an ECP after the Board has

suspended or cancel the registration of the ECP.

(17) If he fails to discharge his duty with due skill, care and diligence.

(xi) Subsection 15(1A). The Board may, issue order consequent to the contravention

under 15(1) above:

(1) Issue written warning or reprimand;

(2) Impose fine not exceeding RM10,000.00;

(3) Suspension of

registration

for

a period

not

exceeding

one

year;




(4) Cancellation of registration.

(xii) Section 16. Removal From Register

(1) Any P.Eng

who

has

died

or

any

ECP

which

has

cease

to

practice;

(2) Any registered Engineer or ECP who has failed to renew his registration

within one month of expiry;

(3) Any Engineer who registration has been cancelled under 15(1A);

(4) Any registration of Engineer or ECP effected by reasons of mistake or error

by the Board

(xiii) Section 17. Reinstatement

(1) Engineer or ECP whose name has been removed; whose appeal is allowed

by the Board;

(2) Any Registered Engineer or Graduate Engineer, or ECP whose name has

been removed by the Board for failure to renew his registration for a

period not more than three years, as soon as he has notified the Board of

his desire to be reinstated and upon payment of such fees as may be

prescribed by the Board

(xiv) Penalties

(1) Section 24, Any person or ECP procures or attempts to procure

registration on false pretence shall be guilty of an offence and shall, on

conviction, be liable to a fine not exceeding RM10,000.00 in the case of an

individual or RM50,000 in the case of an ECP, or an imprisonment for a

term not exceeding three years or to both.

(2) Subsection 25(1); Contravention of the Act or regulation, by an ECP or any

person, shall be guilty of an offence and where no penalty is specified shall

be liable on conviction to a fine not exceeding RM10,000.00.

(3) Subsection 25(2); An ECP found in contravention by 25(1), every partner,

director, manager

or

secretary

or

other

similar

officer

shall

be

liable

for

the same penalty, unless he can prove that the offence was committed

without his knowledge.

(4) Subsection 25(3); Any ECP or P.Eng who fails to comply with an order of

the Board or Appeal Board shall be liable to a penalty of

RM10,000.00 for an individual, and

RM50,000.00 for an ECP




4.3 THE REGISTRATION OF ENGINEERS REGULATIONS 1990 (REVISED 2003).

(a) General Structure of regulations

(i) The latest

version

of

the

regulations

was

gazetted

by

the

Minister

and

came

into

operation on 10th

November 2003.

(ii) The regulations principally deals with the administration of the Act and is

structured as follows:

(1) Part I – Preliminary

Sections 1 & 2 deals with citation, commencement and

(2) Part II – Administration

Sections 3 to 15 deals with administration and operation of the Board.

(3) Part III

–

Registration

of

Registered

Engineers

Sections 16 to 22 deals with the procedure for application of

registration.

(4) Part IIIA – Investigating Committee

Sections 22A to 22C deals with complaints against P.Eng and ECP and

the establishment of investigating committee and hearing by the

Board.

(5) Part IV – Code of Professional Conduct

Sections 23

to

33

contains

a code

of

professional

conduct

for

professional engineer which is explained in further details in Section

2.2 of this paper

(6) Part V – Engineering Consultancy Practice

Sections 34 to 36 deals with procedure for registration of ECPs.

(7) Part VI – Professional Assessment Examination

Sections 37 and 38 deals with the procedure for PAE.

(b) Summary of Important Clauses in the Regulations

(i) Subsection 22(1); Relevant experience of Graduate Engineer is required to

obtained so as to fulfil entitlement for registration as Professional Engineer shall

have at least three years practical experience:

(1) The Graduate Engineer must undergo:‐

(aa) at least one year of general training that will provide a sound

basis for professional development, and

(bb) at least one year of professional carreer development and

training providing wide exposure to the various managerial

and technical

expertise

in

engineering.




At least one year of training must be obtained in Malaysia under the

supervision of a P.Eng in the same branch of engineering (mentor in

other branch of engineering may be accepted with the prior approval

of the

Board);

and

(2) the Graduate must have satisfactory attendance in courses and

professional development programme (CPD).

(ii) Subsection 38; The Professional Assessment Examination (PAE) that a Graduate

Engineer must pass :

(1) A professional interview conducted by not less than two examiners

appointed by the Board;

(2) A written paper on any relevant subject related to the practical

experience which he has obtained;

(3) A written paper on his understanding of the Code of Professional

Conduct; and

(4) Any other examination, written or otherwise, to be determined by the

Board.

(c) Overview of Laws and Regulations

(i) ‘Streets, Drainage & Building Act’ & the ‘Uniform Building By‐Laws’

(ii) Other laws

and

regulations

having

relevance

(brief

listing

and

description

of

its

objectives and relevance to the submitting engineer).

All schedules, registration forms and application forms may be downloaded by the website of

the Board of Engineers Malaysia http://www.bem.org.my.

Exercise:

(1) List down in simple point ‐ form, the requirement to obtain registration as a Professional

Engineer with the Board of Engineers Malaysia.

(2) Does the “Engineers Act” allow for registration of foreigners?

(3) Why do you think subsection 10(4) restrict registration with the Board of engineers to

‘citizens or ‘permanent residents’ of Malaysia and even citizens are required to reside in

Malaysia for at least 6 months prior to application for registration?




5 OVERVIEW OF OTHER LAWS AND REGULATIONS HAVING RELEVANCE TO THE PROFESSIONAL

ENGINEER IN SUBMITTING PLAN

5.1 INTRODUCTION AND

LIST OF LIST OF

LAWS HAVING

RELEVANCE

(a) The Registration of Engineers Act substantially regulates the submission of plans

and/or reports in the building/construction industry:

(i) Section 2 paragraph 6 defines “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 project and includes any other

engineering services approved by the Board .

(ii) Section 8 restricts

the

submission

of

plans,

drawings

etc:

Subsection 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.”

Cross reference to other Malaysian laws will however have to be made where

submission of plans, drawings, reports etc. are relevant.

(b) A list

of

laws

having

relevance

and

cross

‐reference

to

the

“Registration

of

Engineers

Act” is listed as follows with comments on its function and relevance:

Relevance/ Function Ministry Department

(1) Local Government Act Laws relating to local

government.

Local government are

local authorities where

submitting engineers

make applications.

Kementerian

Perumahan &

Kerajaan

Tempatan

(2) Town and Country

Planning Act

Act for the proper

control and regulations

of town and country

planning in

Peninsular

Malaysia.

Town planning as a

requirement in

design/planning of

townships /large

development.

Jabatan

Kerajaan

Tempatan

(3) Street, Drainage &

Building Act, 1974

Laws relating to street,

drainage and building in

local authority areas in

Peninsular Malaysia.

Main Act where

submitting engineer is

named as the responsible

person. C.C.C. procedure

in issuing C.F.O.

(4) Uniform Building By‐

Law

A Bylaw under the

Street, Drainage &

Building Act.

Manual for design of

building for health,

ventilation, fire safety.

Kementerian

Perumahan &

Kerajaan

Tempatan

Local authorities

(5) Earth Work By‐Law Bylaw under the Street,

Drainage &

Building

Act.

Bylaw to regulate

earthworks





(6) Fire Services Act Act for the effective and

efficient functioning of

the fire

services

department.

Submission of plans

incorporating fire safety

and life

safety.

Kementerian

Perumahan &

Kerajaan

Tempatan

(7) Fire Certificate

Regulations

Regulations under the

Fire Services Act

Annual recertification of

designated premises for

Fire Safety

Jabatan Bomba

(8) Environmental Quality

Act

Protection, abatement,

control of pollution and

the enhancement of the

environment.

Submission to DOE. Kementerian

Sumber Asli Dan

Alam Sekitar.

Jabatan Alam

Sekitar (9) Environmental Quality

Scheduled Waste

regulations

Regulations under EQA Treatment and disposal of

schedule waste.


(Halon Management)

regulations)

Regulation under EQA Prohibition on halon

extinguishers.

Management of disposal

of Halon for fire fighting

installation.

Sumber Asli Dan

Alam Sekitar.

Jab. Alam

Sekitar


(Refrigerant Manage‐

ment Regulations)

Regulation under EQA Prohibition and the

management of CFC

(refrigerant for air cond.)


(Sewage and Industrial

Effluents) Regulation

Regulation under EQA Prohibition and

management of Sewage

and Industrial

Effluent)


(Clean Air) Regulations

Regulation under EQA Prohibition and

management of discharge

of air pollutants

(14) Factory and Machinery

Act

Safety and health of

person, registration of

machineries.

Kementerian

Sumber

Manusia

(15) FMA (Certificate of

Competency –

Examination)

Regulation

Regulations under

Factory and Machinery

Act

Registration of Boiler

Man, Safety Officers.

Dept of

Occupational

Safety & Health.

(JKKP or DOSH)

(16) FMA (Electric

Passenger and Goods

Lift) Regulations

Regulations under


Act

Registration of Lifts and

Escalators

(17) FMA (Steam Boiler and

Unfired Pressure

Vessels) Regulations

Regulations under


Act

Registration of Boilers and

Pressure Vessels

(18) FMA (Building Operations

and Works of Engineering

Construction) (Safety)

Regulations

Regulations under


Act

Construction Site Safety





(19) FMA (Noise Exposure)

(Safety) Regulations

Regulations under


Act

Noise Level. (Gen‐Set

noise level)

Kementerian

Sumber

Manusia

(20) OSH Act safety, health and welfare

of persons at work and

protecting others against

risks of safety and health

Safety and Health

Officers; Safety

Committee

Dept of

Occupational

Safety & Health.

(JKKP or DOSH)

(21) Petroleum

Development Act

Oil and Gas in the

upstream and

transmission sector

Prime Minister’s

Dept.,

PETRONAS

(22) Petroleum Safety

Measures Act

Transportation of

petroleum/gas by

pipeline and storage.

Design of LPG/NG storage

and pipelines exceeding

150psi

Kementerian

Sumber

Manusia

DOSH

(23) The Gas Supply Act Transportation & storage

of petroleum retail end

Design of LPG/NG at

retail/distribution.

Kemenenterian

Tenaga .

Teknologi Hijau

& Air

Suruhanjaya

Tenaga, Jabatan

Gas

(24) The Gas Supply

Regulations

Regulations under the

Gas Supply Act

Registration of Competent

Person. Registration of

LPG/NG installation.

(25) The Electricity Supply

Act

Oversight over the

electricity industry

Tariffs, Licensing of

Electricity IPPs, Electricity

Safety

Suruhanjaya

Tenaga, Jabatan

Elektrik

(26) The Electricity Supply

Regulations

Regulations under

Electricity Supply Act

Registration of Competent

Persons, Register of

controlled items for

electrical products.

(27) Suruhanjaya

Perkhidmatan Air

Negara

Establishment of Water

Commission

Registration of QP for

submission of water

supply and sewerage

services

SPAN

(28) Construction Industry

Development Board Act

Establishment of CIDB Regulations of the

construction industry.

CIB

5.2 THE PROFESSIONAL ENGINEER AS SUBMITTING PERSON

(a) Referring back to the “Registration of Engineers Act”, the principal scope of the

Professional Engineer is defined, under the Act, as follows:‐

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.




Figure 5 – Cross Reference Between the “Engineer’s Act” and the “Local Government Act”

(b) The 146 local Authorities established under the “Local Government Act” administer

their district under the guidance of the “Town and Country Planning Act” and the

“Street, Drainage and Building Act”.

Figure 6 – Local Governments and Administering Acts

(c) The “Street. Drainage and Building Act” is the most important of the Acts having

relevance to the Professional Engineer:

(i) Section 3 –

Definition

(1) “Principal Submitting Person” means a qualified person who

submits building plans to the local authority for approval 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.

(2) “Qualified Person” means a Professional Architect, Professional

Engineer or a building draughtsman registered under any written

law relating

to

the

registration

thereof.

“Submission of

plans, engineering

surveys,

drawings,

schemes, proposals,

reports or studies:

Registration

of Engineers

Act

Local

Authorities

146 Local Governments

Town and

Country

Planning

Act

Street,

Drainage

& Building

Act




(3) “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

include

any

other

qualified

person

who

takes

over

the duties and responsibilities of or acts for the first mentioned

qualified person.

(4) “Certificate of completion and compliance” means the certificate

given or granted under any by‐laws made under this Act.

(ii) Subsection 70(20) “Certificate of Completion and Compliance” is a new

amendment added in the 2007 edition. In this revision, issuance of certificate of

fitness for buildings is now vested in the principal submitting person:

70 (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.

70(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.

(iii) Earth works. Section 70A of the Act stipulate that no earthworks can

commence until an earthwork plan is submitted to the local authority and

approval obtained. Under this section, compliance with conditions set by the

local authority and “Earth Work By‐Law” is mandatory.

The “Registration

of

Engineers

Act”’

by

itself

DO

NOT

confer

on

Professional

Engineers

the

exclusive right to submit plans. The “Street, Drainage and Building Act” is therefore the main

Law conferring on Professional Engineer (which is cross‐referenced to the Engineers Act) the

right to submit plans to local authorities.




5.3 THE UNIFORM BUILDING BY‐LAW

(a) The “Street, Drainage and Building act” has two by‐laws regulating specific aspect of

building construction:

(i) Earthwork By‐Law; specifying minimum standards and practice for earthworks;

(ii) Uniform Building By‐Law; specifying minimum standards for building design

from the aspect of

(1) Life Safety including fire safety

(2) Structural safety

(3) Health and sanitation

(4) Ventilation and lighting

(b) The UBBL is a building design manual which is mandatory for ALL practicing engineers

(in all branches). It contains specific prescription for the design engineer in the aspects

listed above. The study of the UBBL as a design manual should be a separate

undertaking which cannot be included in the scope of this paper. A brief outline of the

content of the UBBL can be listed as follows:

(i) Part I – Preliminary

Comprising Bylaw 1 and 2, contain citation to the bylaw and definition of terms.

(ii) Part II –

Submission

of

Plans

for

Approval

Bylaws 3 to 29 prescribes the format, documentation and procedures for

submission of plans. Major issues under Part II:‐

Bylaw 3 – `All principal submitting persons are required to certify that plans are

design in accordance with the UBBL

Bylaw 25 – Principal submitting person shall have supervise the works and have

satisfied himself/herself that the works are designed and

constructed to his requirement before CFO can be issued. Form E is

the instrument

for

submitting

engineer

to

issue

CFO.

Bylaw

25

contains a essential checklist of items before Form E can be issued.

(iii) Part III – Space, Light and Ventilation

Part III deals with prescription for space planning, natural lighting and ventilation

for buildings.

(iv) Part IV – Temporary Works in Connection with Building Operation

(v) Part V – Structural requirements

(vi) Part VI – Constructional requirements




(vii) Part VII – Fire requirements

(viii) Part VIII –Fire Alarm. Fire Detection, Fire Extinguishers and Fire Fighting Access

(ix) Part IX ‐Miscellaneous

Bylaw 257 – “Malaysian standard Specification and Code of Practice shall

prevail over British Standard Specification and Code of Practice

Exercise:

(1) List in order of importance the laws having direct impact on the regulation of

Professional Engineers as submitting person.

(2) List in simple point form, your understanding of “C.C.C.” or Certificate of Completion

and Compliance.

(3) Under what

law

is

it

mandatory

for

property

owners

to

appoint

professional

engineers in the erection of buildings and structures?

(4) What is the significance (or importance) of the “UBBL” to the design engineer (list in

simple point form)?




6 SUMMARY AND CONCLUSION

6.1 4 UNIVERSAL CONCEPTS OF PROFESSIONALISM

6.2 CODE OF PROFESSIONAL CONDUCT

6.3 TORT LAWS AND ENGINEERS RESPONSIBILITY TO THE PUBLIC AND HIS CLIENT

Figure 7 –

A

Summary

of

the

Statutory

and

Civil

Responsibilities

of

the

Professional

Engineer

It is sufficient for the Professional Engineer to exercise the ordinary skill of an ordinary

engineer practicing his vocation in proving due diligence is taken.

Skills or knowledge considered “expert” level currently may become “normal” skill in

future. Thus under tort laws, Professional Engineers are required to stay “current” in his

skill and knowledge by attending refresher course or CPD.

The Professional Engineer owes a duty of care to the public and his client.

Action may be taken by the public (who do not have any contractual relationship with the

Engineer) if he (the public) suffers damages due to negligence of the Professional

Engineer.

The presence of a “Code of Conduct” is a principal characteristic of any vocation claiming

to be a Profession.

Public Interest

Client’s Interest

Code of Conduct

Expert Knowledge



Exercise:

(1) If you (a member of the public) suffer damage due to negligence of an engineer,

under what law can you (a member of the public) sue the Engineer for negligence.

(2) List (in your opinion) the order of importance (from a commercial and liability

context) to the Professional Engineer of the following laws:

Registration of Engineers Act

Civil Law Act

Contract Law

Street, Drainage and Building Act

(3) In other countries which do not have any laws similar to the “Registration of

Engineers” (e.g. India), how (in your opinion) is the Engineer made liable for his

work?

(4) Apart from tort laws, what other statutory procedures, Bylaws or Act make it

mandatory that Professional Engineers ‘signing‐off’ plans for submission should be

proficient in the Code of Practice and Technical Standards currently practice in

industry?

Documents

Professional Practice (Part 1)