Professional Practice (Part 1)

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]

THIS PAGE IS INTENTIONALLY BLANK.

Page 2 of 33

© Ir. H.P. Looi (12 April 2009)

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.

PROFESSIONAL PRACTICE

PROFESSIONAL PRACTICE

PERSON WITH SPECIAL EXPERTISE WHO ADHERES TO A MINIMUM STANDARD OF ETHICAL BEHAVIOR IN HIS WORK. ACTIVITY, TO CARRY OUT, TO APPLY, TO PERFORM

WORK/ACTIVITY CARRIED OUT IN ACCORDANCE WITH STANDARD OF ETHICAL BEHAVIOR.

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:

1.3

(a)

Part I – Professionalism

(b)

Part II – Practice

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)

(b)

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)

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)

(d)

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.

Overview of Laws and Regulations Pertaining to Buildings and Construction


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

Public Interest Client’s Interest Code of Conduct Expert Knowledge

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.

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.

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(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. The presence of a “Code of Conduct” is a principal characteristic of any vocation claiming to be a Profession. “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).


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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.

24

Conduct of Registered Engineer

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

Responsibility

to

profession shall have full regard to the public interest.

employer, clients or profession.

25

(1)

A registered Engineer shall discharge his duties to his employer or

Discharge of duties.

client as the case may be with complete fidelity. “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

27

A registered Engineer shall not maliciously injure or attempt to

Reputation etc. of a

maliciously injure whether directly or indirectly, the professional

Registered

reputation, prospects or business of another registered Engineer.

not to be injured.

A registered Engineer shall not:‐

Canvassing

Engineer

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.

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cancelled.

A registered Engineer in an Engineering consultancy practice not to practice with any person whose registration has been cancelled.

A registered Engineering in an Engineering consultancy practice shall not

Restrictions on making

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

payments or placing

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

contracts.

A registered Engineer in any Engineering consultancy practice shall not practice engineering with any person whose registration has been

29

is employed, place contracts or orders except with the authority of and on behalf of his client. 30

Repealed 2003

31

A registered Engineer shall not directly or indirectly:‐ (a)

Supplant or attempt to supplant another registered Engineer;

(b)

Intervene or attempt to intervene in or in connection with engineering work of any kind which to his knowledge has already

A registered Engineer not to intervene or to take over the work of another.

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

Restrictions on being a

in an Engineering Consultancy Practice shall not be a director or

director, member or

executive of or substantial shareholder in or agent for any

shareholder of contr‐

contracting or manufacturing company or firm or business related to building or engineering. (2)

acting

and

manuf ‐

acturing company etc.

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.


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Every registered Engineer while acting in his professional capacity shall

Disclosure of interest.

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.

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

23 24

Brief Description

Conduct of Registered Engineer (uphold dignity, high standing, reputation of profession). Responsibility to employer, clients or profession.

Professionalism

Description of

Concept

Concept

3a

standing of profession

1 &

2a

Public & fiduciary interests

25 (1)

Discharge of duties with complete fidelity.

25 (2)

Accept remuneration only from his employer.

26

Reputation etc. of a Registered Engineer not to

Fiduciary interest

2a 2 & 3a

Conflict of interest Fair consideration of

3a

his peers.

be injured.

27

Canvassing and advertising prohibited.

3a

Modesty

28

Registered Engineer not to practice with any person whose registration has been cancelled.

3a

standing of

29

Restrictions on making payments or placing contracts.

2 & 3a

Conflict of interest

31

A registered Engineer not to intervene or to take over

3a

Fair consideration of

profession

the work of another.

32

his peers.

Restrictions

on

being

a

director,

shareholder

of

contracting

and

member

or

2 & 3a

manufacturing

Fiduciary interest & Conflict of interest

company etc.

33

Disclosure of interest.

2 & 3a

Conflict of interest

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.

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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:

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

(1)

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.

THE LEGISLATIVE arm of the State is Parliament which comprises members of

(2)

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.

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

(3)

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.


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(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. 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.

“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. 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.

“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. The assertion of the United States Declaration of Independence , “We hold these truths to be self ‐evident …” is an expression of ‘natural justice’. 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.

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(7)

3.2

Justice must not only be done but must be seen to be done.

‘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).

C IVIL L AW

Body of laws dealing with disputes between individuals or organisations, in which compensation may be awarded to a victim.

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. “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)

“Tortious” – pronounced \‘Tor ‐‐shəs\’; Webster Dictionary)

adjective; implying or involving tort (Meriam‐

“Tortfeasor” – pronounced \‘Tor ‐ feser\’; (Meriam‐Webster Dictionary)

noun; a person who commits a tortious act

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:

TORTS NEGLIGENCE TORTS

INTENTIONAL TORTS

Accidents

Nuisance

Product Liability

Trespass

Duty of Care

Defamation

Figure 4 – Classification of Torts


False Imprisonment

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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). “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’. 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.

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(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.

“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. 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.


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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.

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.

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. 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.

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4

LAWS AND REGULATIONS GOVERNING THE ENGINEERING PROFESSION IN MALAYSIA

4.1

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

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


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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) (i)

SUMMARY OF IMPORTANT CLAUSES OF ACT 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

(ii)

(2)

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

(3)

The Board is under the jurisdiction of the Ministry of Works.

The Act substantially regulates engineers in the building‐construction sector. This is borne out in the following clauses: (1)

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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.

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(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.

Page 16 of 33


(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) (vii)

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

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:

Page 17 of 33

(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) (ix)

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

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

Page 18 of 33


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) (xi)

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

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;


Page 19 of 33

(4) (xii)

Cancellation of registration.

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

Page 20 of 33


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 th

operation on 10 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.


Page 21 of 33

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?

Page 22 of 33


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:

(1)

Local Government Act

(2)

Town and Planning Act

(3)

Street, Drainage Building Act, 1974

(4)

Uniform Building By‐ Law

(5)

Earth Work By‐Law


Country

&

Relevance/ Function

Ministry

Department

Laws relating to local government.

Local government are local authorities where submitting engineers make applications.

Kementerian Perumahan & Kerajaan Tempatan

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

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.

A Bylaw under the Street, Drainage & Building Act.

Manual for design of building for health, ventilation, fire safety.

Bylaw under the Street, Drainage & Building Act.

Bylaw to regulate earthworks

Kementerian Perumahan & Kerajaan Tempatan Local authorities

Page 23 of 33

Relevance/ Function

Ministry

Department

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

(6)

Fire Services Act

(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.

Environmental Quality Scheduled Waste regulations

Regulations under EQA

Treatment and disposal of schedule waste.

Environmental Quality (Halon Management) regulations)

Regulation under EQA

Prohibition on halon extinguishers. Management of disposal of Halon for fire fighting installation.

(11)

Environmental Quality (Refrigerant Manage‐ ment Regulations)


Prohibition and the management of CFC (refrigerant for air cond.)

(12)

Environmental Quality (Sewage and Industrial Effluents) Regulation


Prohibition and management of Sewage and Industrial Effluent)

(13)

Environmental Quality (Clean Air) Regulations


Prohibition and management of discharge of air pollutants

(14)

Factory and Machinery Act

Safety and health of person, registration of machineries.

(15)

FMA (Certificate Competency Examination) Regulation

of –

Regulations under Factory and Machinery Act

Registration of Boiler Man, Safety Officers.

(16)

FMA (Electric Passenger and Goods Lift) Regulations


Registration of Lifts and Escalators

(17)

FMA (Steam Boiler and Unfired Pressure Vessels) Regulations


Registration of Boilers and Pressure Vessels

(18)

FMA (Building Operations


Construction Site Safety

(9)

(10)

and Works of Engineering (Safety) Construction)

Jabatan Alam Sekitar

Sumber Asli Dan Alam Sekitar. Jab. Alam Sekitar

Kementerian Sumber Manusia Dept of Occupational Safety & Health. (JKKP or DOSH)

Regulations

Page 24 of 33


Relevance/ Function

Ministry

Department Kementerian Sumber Manusia

(19)

FMA (Noise Exposure) (Safety) Regulations


Noise Level. (Gen‐Set noise level)

(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

(21)

Petroleum Development Act

(22)

Petroleum Measures Act

Prime Minister’s Dept., PETRONAS

Oil and Gas in the upstream and transmission sector Safety

Transportation of petroleum/gas by pipeline and storage.

Dept of Occupational Safety & Health. (JKKP or DOSH)

Design of LPG/NG storage and pipelines exceeding 150psi

Kementerian Sumber Manusia DOSH

5.2

(23)

The Gas Supply Act

(24)

The Gas Regulations

Supply

Transportation & storage of petroleum retail end

Design of LPG/NG at retail/distribution.

Regulations under the Gas Supply Act

Registration of Competent Person. Registration of LPG/NG installation.

Kemenenterian Tenaga . Teknologi Hijau & Air Suruhanjaya Tenaga, Jabatan Gas

(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

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.


Page 25 of 33

Registration of Engineers Act

“Submission of plans, engineering surveys, drawings, schemes, proposals, reports or studies:

Local Authorities

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”.

Town and Country Planning Act

Street, Drainage & Building Act

146 Local Governments 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.

Page 26 of 33


(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.

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.

(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.


Page 27 of 33

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

(b)

(1)

Life Safety including fire safety

(2)

Structural safety

(3)

Health and sanitation

(4)

Ventilation and lighting

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

Page 28 of 33


(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)?


Page 29 of 33

6

SUMMARY AND CONCLUSION

6.1

4 UNIVERSAL CONCEPTS OF PROFESSIONALISM Public Interest Client’s Interest Code of Conduct Expert Knowledge

6.2

CODE OF PROFESSIONAL CONDUCT The presence of a “Code of Conduct” is a principal characteristic of any vocation claiming to be a Profession.

6.3

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

Figure 7 – A Summary of the Statutory and Civil Responsibilities of the Professional Engineer

Page 30 of 33


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:

(3)



Registration of Engineers Act



Civil Law Act



Contract Law



Street, Drainage and Building Act

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?


Page 31 of 33

Professional Practice (Part 1)

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