Académique Documents
Professionnel Documents
Culture Documents
2 Presidents Message
Editors Note
4 Announcement
Payment Of Stamp Duty
Requirement Of Engineering Consultancy Practice To Register 32
Publication Calendar
5 Event Calendar
Cover Feature
6 Sustainability In Asset Management
Feature
28 Rainwater Management And Utilisation System
44
39 Enforcement Of Coastal Development Guidelines
Engineering Nostalgia
56 Welcoming A New Teacher To A School In Sabak Bernam
Coconut Estate - 1958
presidents message
KDN PP11720/01/2010(023647)
ISSN 0128-4347
The term asset management has become the
buzzword among property industry players lately.
This is understandable given the fact that new
developers and owners of building complexes are
Vol. 45 March - May 2010
getting more aware of the benefits of life cycle
MEMBERS OF THE BOARD OF ENGINEERS MALAYSIA costing and the importance of asset management with
(BEM) 2009/2010
respect to the service level that their buildings can
President offer. In some countries, Systemic Asset Management
YBhg. Dato Sri Prof. Ir. Dr Judin Abdul Karim
or SAM is one of the major considerations for the
Secretary
Ir. Ruslan Abdul Aziz design and delivery of buildings.
Registrar The emergence of Real Estate Investment Trust (REIT) and the
Ir. Hizamul-Din Ab. Rahman growing interest of oversea investors in local properties have further
Members necessitated the incorporation of good asset management in order to
YBhg. Dato Sri Prof. Ir. Dr. Judin Abdul Karim
YBhg Tan Sri Prof. Ir. Dr. Mohd Zulkifli bin Tan Sri Mohd Ghazali benchmark international standard to these properties. Local facilities
YBhg Dato Ir. Hj. Ahmad Husaini bin Sulaiman managers and technical staff should take asset management seriously
YBhg. Dato Ir. Abdul Rashid Maidin
YBhg. Dato Ir. Dr. Johari bin Basri as it is going to be the norm as more service sectors are opened up
YBhg. Datuk (Dr) Ir. Abdul Rahim Hj. Hashim
YBhg. Dato Prof. Ir. Dr. Chuah Hean Teik by 2015.
YBhg. Brig. Jen. Dato Pahlawan Ir. Abdul Nasser bin Ahmad
YBhg. Datuk Ar. Dr. Amer Hamzah Mohd Yunus The huge stock of Malaysian properties also means more
Ir. Mohd Rousdin bin Hassan
Ir. John Anthony
opportunities for facilities engineers. As of 3rd quarter 2009, there were
Ir. Wong Siu Hieng 4,295,930 residential units, 10,044,849 sq m of shopping complexes
Prof. Ir. Ishak Abdul Rahman
Ir. Tan Yean Chin and 16,075,929 sq m of purpose-built offices according to National
Ir. Chong Pick Eng Property Information Centre (NAPIC) - Property Stock Report. These
Ir. Dr. Lee Teang Shui
Mr Jaafar bin Shahidan are assets as well as liabilities, depending on the level of management
EDITORIAL BOARD by local asset managers and their engineering teams. The recently
Advisor launched Government Transformation Programme road map entails
YBhg. Dato Sri Prof. Ir. Dr Judin Abdul Karim further supply of infrastructure inventory and housing for the poor. It is
Secretary therefore timely that these cumulating built environment are planned,
Ir. Ruslan Abdul Aziz
designed and constructed towards Total Asset Management.
Chairman
YBhg. Dato Ir. Abdul Rashid bin Maidin
Dato Sri Prof Ir. Dr. Judin bin Abdul Karim
Editor
Ir. Fong Tian Yong President
Members BOARD OF ENGINEERS MALAYSIA
Prof. Sr. Ir. Dr Suhaimi bin Abdul Talib
Ir. Ishak bin Abdul Rahman
Ir. Prof. Dr K.S. Kannan
Ir. Prem Kumar
Ir. Mohd Rasid Osman
Ir. Dr Zuhairi Abdul Hamid
Ir. Ali Askar bin Sher Mohamad
editors note
Ir. Rocky H T Wong
Executive Director
Ir. Ashari Mohd Yakub The accumulation of property assets over the last
Publication Officer few decades has attracted keen interest of industry
Pn Nik Kamaliah Nik Abdul Rahman players on Asset Management. The emergence of
Assistant Publication Officer more shopping complexes and commercial centres
Pn Che Asiah Mohamad Ali
with more sophisticated M&E facilities requires more
Design and Production
Inforeach Communications Sdn Bhd
systemic asset management to ensure a higher level
of service to the occupants.
Printer
Art Printing Works Sdn Bhd The concept of Total Asset Management is well
29 Jalan Riong, 59100 Kuala Lumpur documented in the article on Achieving Sustainability in Asset
The Ingenieur is published by the Board of Engineers Malaysia Management. The article recognizes the contribution of IT in
(Lembaga Jurutera Malaysia) and is distributed free of charge to
registered Professional Engineers. assisting business process and managing asset. Similarly, the role
The statements and opinions expressed in this
of IT is expressed in another article on facilities management for
publication are those of the writers. the health sector.
BEM invites all registered engineers to contribute articles or Some case studies on rain harvesting by National Hydraulic
send their views and comments to the following address: Research Institute of Malaysia (NAHRIM) should provide tips to
Commnunication & IT Dept. designers since rain harvesting constitutes four points in the Green
Lembaga Jurutera Malaysia,
Tingkat 17, Ibu Pejabat JKR, Building Index (GBI) total score of 100.
Jalan Sultan Salahuddin,
50580 Kuala Lumpur.
Asset Management as an integral part of service providers
Tel: 03-2698 0590 Fax: 03-2692 5017 operation will be an important subject to engineers as the nation
E-mail: bem1@streamyx.com; publication@bem.org.my
Website: http://www.bem.org.my approaches a developed nation status by 2020.
Advertising
Subscription Form is on page 56 Ir Fong Tian Yong
Advertisement Form is on page 55
Editor
2 THE INGENIEUR
announcement
[269th Board Meeting / 12th May 2009] Please be informed that under the amendments to
DATO SRI PROF. Ir. Dr. JUDIN ABDUL KARIM the Registration of Engineers Act 1967 (Revised
President 2002) it is now mandatory for a sole proprietorship,
BOARD OF ENGINEERS MALAYSIA partnership or body corporate to be registered with
the Board as an Engineering consultancy practice
(ECP), failing which it is an offence for that sole
proprietorship, partnership or body corporate to
provide professional engineering services. Prior
to the amendment, any registered Professional
Engineer who intended to practice as a sole
June 2010: proprietor and/or a partnership just needed to
WATER inform the Board of their intention and the place
of the business.
4 THE INGENIEUR
event calendar
Meeting in session
Press Conference by co-hosts BEM & UTM
Meeting chaired by Ir. Ruslan Right: Dr. Nguyen Truong Tien posing
Abdul Aziz, Secretary of BEM questions
Section of Participants THE INGENIEUR 5
cover feature
Sustainability In
Asset Management
By A.I. Che-Ani and W.H.W. Badaruzzaman,
Faculty of Engineering and Built Environment, Universiti Kebangsaan Malaysia,
T.Z.T. Mahmood and M.S.I. Syahrial,
SV Solution Centric Sdn. Bhd
The term sustainability carries a wide range of definition. In some instances, its definition is taken
rather vaguely and regarded as almost too ambitious or impossible to achieve. The recently published
Manual of Total Asset Management (Pengurusan Aset Menyeluruh) introduced by the Ministry of
Work shows our Governments commitment in supporting the notion of sustainability with respect to
asset management. Sustainable asset management crystallized the concept of cradle to the grave
into existence. It basically puts forth the consideration for maintenance right from the design stage
all the way to the operation of the building, as well as making it ready for adaptive re-use. The
beauty about the various terms such as building maintenance, facility management, customer driven,
design maintenance, and maintenance input from the drawing board is in its goal towards achieving
sustainable asset management. The question to ponder at this point is how do we actually implement
what we have set out to achieve. In this regard, we cannot deny the contribution of Information
Technology (IT) in assisting our business process, particularly in managing the asset. However, IT
itself does not constitute to the best practice in asset management without clear business process
and technical expertise. With this in mind, human capital, business processes and systems we use in
managing our asset have to be set in parallel to achieve sustainable asset management.
B
uilding and infrastructure construction in building life-cycle Total Asset Management (TAM)
nowadays are no more in has brought forward the concept of Manual and Dasar Pengurusan Aset
simplified form. There are sustainability in asset management. Kerajaan (DPAK). It is a Government
many new innovative features It basically takes the cradle to document, but does provide the
that have been introduced into the grave idea when defining the bottom line aspiration for all nature
our built asset. With the Green maximum performance and usage of Malaysian industries, be it
Building Index (GBI) in place and of a built asset. Government or private sector.
carbon credit initiatives, various This paper explores the approach
stakeholders are really serious of bringing sustainability in asset Malaysian Total Asset
in designing and managing their management. It proposes three Management Manual
assets. This does not only apply key areas that need to be taken
to new construction, but also care of i.e. business process, The Malaysian industry reference
existing buildings that need to human capital and the system point for asset management has to
be managed and maintained (IT mechanism). These aspects be the TAM Manual, part of the
efficiently. The importance of post- actually go parallel to the Malaysian DPAK. Launched in April 2009 by
6 THE INGENIEUR
cover feature
Sustainable Asset
Management
Achieving sustainable asset
management basically deals with the
business process, human resource
Figure 1: The TAM model for infrastructure, building and movable assets
and Information Technology (IT)
(Manual Pengurusan Aset Menyeluruh, 2009)
s y s t e m . I n wh a t e ve r t a s k w e
perform, the business process
must be there and in ensuring it
is well implemented, we need
various levels and competency of
team members. It is not a one-
man show. As we are now living
in the millennium era, IT in every
business process. Data needs to be
converted into information and IT
makes this happen within a click.
The explanation of these three key
areas is as follows.
THE INGENIEUR 7
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Human Capital
H av i n g i d e n t i f i e d t h e b e s t
practices in business process, we
need human capital in executing the
idea. Humans are the best machines
and super-power computer in
ensuring best practices are put in
place. Therefore, we need team
members with various technical
knowledge and competence. It
ranges from the design team to
Figure 4: ROI in asset development the building management team.
8 THE INGENIEUR
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IT System
Figure 5: Painting the picture clearer Typical Current Practice
Before getting IT in place,
baseline data have to be made
available and reliable. The existing
organizational asset management
business process perhaps has to
be adjusted and customized to
suit the CMMS. The myth about
IT system is it will take care of
every mechanistic task of asset
management. We have to realize
that IT is enabler for the whole
structure of asset management,
thus providing total solution for
sustainable asset management. It is
not that when we have a superb IT
system, everybody just stays back
and become the observer. The IT
system needs input to convert data
into information, and this is found Figure 6: Painting the picture clearer Portal Based Idea
THE INGENIEUR 9
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BIBLIOGRAPHY
Atkin, B., Brooks, A. (2009).
Total Facilities Management.
3 rd Edition. Oxford: Wiley-
Blackwell.
D a s a r Pe n g u r u s a n A s e t
Kerajaan (2009). Malaysian
Figure 7: Maintenance Approach of UKM Future Prospect Roadmap Government.
10 THE INGENIEUR
cover feature
This paper briefly examines one case study of a teaching hospital in Malaysia to explore the current
uptake of Information Technology (IT) in Facilities Management (FM) and to learn whether the
Strategic IT in FM framework developed by NHS Trusts in UK is applicable to the Malaysian health
sector. The Malaysian case study examines the effectiveness of the framework in order to develop a
preliminary understanding of FM in Malaysian hospitals to set up the scene for future work in this
field. This paper also aims to look at the current uptake of IT in FM for that particular hospital and
to explore the potential of implementing strategic IT in FM by relevant authorities in Malaysia.
A
lthough FM is prominent A statement by the former Prime construction (Omar, 2002; Hamid,
in Western Europe, US and Minister of Malaysia: Unless 2002; 2003; 2004).
Japan, it is still a relatively Malaysians change their mentality to
new concept in Malaysia (Omar, become more aware of the need to Lessons Learnt from UK
2004; Hamid, 2004; CIDB, 2007). provide good services and improve Experience and Plan for
Like other countries in South East the upkeep of buildings, we will Technology Transfer
Asia, Malaysia shares a similar forever be a Third World country
approach to FM. There is limited with First World infrastructure A study by the European Centre
understanding and practice of FM (Badawi, 2001) has stressed the for TQM (Jarrar and Zairi, 2000)
benchmarking in the South East Asian importance of FM in the Malaysian suggested that effective transfer
(Moore et al., 2004) region. Whilst context. of best practices is made up of
the Asian region in general continues The average use of IT systems in six major steps as shown in Figure
to suffer from a property overhang in the Malaysian construction industry 1. Each step captures the crucial
most sectors, the cost of occupying, is shown in Table 1 (Hamid, 2002; elements and information from the
servicing and maintaining space Hamid, 2003). The results suggest research stages that are relevant
continues to generally represent a that advanced IT systems in FM in the transfer process of good
high cost in business terms for both is still very limited in its use. The practices.
owners and occupiers, and hence Malaysian construction industry Three dominant issues namely
demands a level of understanding, has realised this and is taking corporate culture, relationships
operation and management (Moore initiatives in ensuring the role of within an organisation and level
et al., 2004). FM for the whole life-cycle cost in of technology use are pertinent
12 THE INGENIEUR
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Table 1 Average Use of ICT Systems as a Percentage of IT Software Blueprint of Malaysia (Ministry of
Application in Malaysian Construction Industry in 2002 (Hamid, 2002) Health Malaysia, 1997) under the
banner of Leading Healthcare
ICT Systems Average %
into the Information Age as the
Internet/web 14.1 reference document.
Office tools 13.6 The Malaysian health vision is
to develop a nation of healthy
Database 10.5
individuals, families and communities
Finance and Accounting 10.4 through a health system that is
Document management 10.2 equitable, affordable, efficient,
technologically appropriate,
CAD 10.1
environmentally adaptable and
Network (internal) 9.5 consumer friendly, with emphasis
Bills of Quantities 7.5 on quality, innovation, health
promotion and respect for human
Planning tools 6.0
d i g n i t y, a n d wh i ch p r o m o t e s
FM 2.6 i n d iv i d u a l r e s p o n s i b i l i t y a n d
Product modelling 2.0 community participation towards
an enhanced quality of life. The
Decision Support Systems 1.6
Malaysian Telehealth Application
GIS 1.0 will, on completion, provide every
VR 0.5 resident of the country with an
Others 0.4 electronic Lifetime Health Record
(LHR) and Lifetime Health Plan
(LHP) (Abidi et al., 1998).
The Malaysian health vision
to the transfer of best practices Hospital Information also does not specifically mention
(APQC, 1998). These are some System in Malaysia the importance of IT in FM despite
salient points to remember in the the contribution of FM and the
transfer of UK experience to the In Malaysia, the development importance of information sharing
implementation of strategic FM and of strategic IT in the health sector to deliver value-for-money services
IT to the Malaysian health sector. is known as t
he Telemedicine to patients and healthcare.
Applying Strategic IT in
FM to the Malaysian
E
n
Searching Health Sector
a
b This paper includes one case
l Evaluating
i study from the perspective of the
n Malaysian health sector. The Strategic
g
IT in FM derived from the UK NHS
Validating
E Trusts is tested on its practicality in
n
v one hospital. It is not the intention
i of this research paper to go in
r
o Transfer depth to propose a similar strategic
n IT framework for the Malaysian
m health sector. The inclusion of the
e
n
Review Malaysian hospital is to answer the
t following questions:
Routinizing
1. Why is IT in FM significant to
Figure 1 Efective Transfer of Best Practices (Jarrar and Zairi, 2000) Malaysia?
THE INGENIEUR 13
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14 THE INGENIEUR
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THE INGENIEUR 15
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16 THE INGENIEUR
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THE INGENIEUR 17
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Building Industry
Stakeholders Association
By Building Management Association of Malaysia
Building industry stakeholders in Malaysia have come together to form the Building Management
Association of Malaysia (BMAM) to enhance and protect their collective interests. What are their
aspirations and expectations?
P
roperty management in Malaysia, particularly housing projects which began during the immediate
stratified property management, has evolved post-independence era, is being continued as Projek
through time. In the earlier years, most Perumahan Rakyat (Peoples Housing Project). The
storeyed buildings were largely constructed and active involvement of the private sector in the
owned by the Federal and State Governments, construction of stratified commercial and residential
hence the popularly known Bangunan Persekutuan buildings only became visible in the late 70s and
(Federal Building) located in most important cities early 80s. Prior to this period, private developers
and towns countrywide housed Ministries and were mostly involved in the construction of landed
Government departments. This practice was then commercial, industrial and residential properties
extended to provide cheap public housing in the such as two or three-storey shop-houses, factories,
form of multi-storeyed municipal flats for the low detached and semi-detached bungalows, terrace link
income groups. The construction of such public houses, and the like.
18 THE INGENIEUR
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THE INGENIEUR 19
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20 THE INGENIEUR
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10. To undertake research, collect, collate, co- Pro-Tem Executive Committee of BMAM
ordinate, and distribute by any means deemed
advisable, data, information, ideas, knowledge, Dato Teo Chiang Kok (ACCCIM) - President
methods and techniques on the building management Mr Lee Weng Onn (IEM) - Deputy President
industry of Malaysia Mr S. Venkateswaran (Bunga Raya Management
Corporation) - Secretary General
11. To seek, where appropriate, affiliation and Datuk Eddy Chen (REHDA) - Treasurer
accreditation with other like-minded professional, Ms Joyce Yap (PPK) - Committee Member
e d u c a t i o n a l a n d t ra i n i n g b o d i e s t o e n h a n c e Mr Lee Chor Wah (PAM) - Committee Member
professionalism in the building management Mr Richard Chan (PPK) - Committee Member
industry of Malaysia and to upgrade the educational (Ex-Officio)
and training programmes of the Association; Mr Philip Choy (Stratified Property Management) -
Committee Member (Ex-Officio)
12. To print and publish journals, magazines and
newsletters with the view to promoting quality The Way Forward
building management in Malaysia;
The way forward to develop and maintain a
13. To promote professionalism in the building dynamic and sustainable building industry in Malaysia
management industry of Malaysia; in a rapidly globalising economic environment is
through consultation and networking among multiple
14. To represent, defend and protect the collective stakeholders in the industry. BMAM is confident of
interests of all stakeholders in the building contributing significantly towards this laudable national
management industry of Malaysia; objective. BEM
THE INGENIEUR 21
engineering & law
C
ompletion of the works under a typical The Malaysian Position
construction/engineering contract remains
the single most important obligation of the It should be appreciated that in Malaysia, the
contractor and the main expectation of the employer. relevant statutory provision that deals directly with the
When such completion is delayed i.e. the contractor issue of liquidated damages and penalties is Section
is unable to complete the works by the original date(s) 75 of the Contracts Act 1950 (Rev. 1974) entitled
set in the contract or by any new date(s) fixed by the Compensation for breach of contract where penalty
contract administrator and the cause(s) of the delay stipulated for. It states:
does not entitle the contractor to any extension of
time under the contract, he is culpable of breaching When a contract has been broken, if a sum is
the contract. Accordingly, the contractor is thereby named in the contract as the amount to be paid in
liable for all the consequences flowing such breach; the the case of such breach or if the contract contains
principal of which is to compensate the employer for any other stipulation by way of penalty, the party
the loss or expense suffered by him as a consequence complaining of the breach is entitled, whether or
of the non-completion. Most forms of contract have not actual damages or loss is proved to have been
clauses on the financial contractual remedy in the caused thereby, to receive from the party who has
form of damages provisions available to the employer broken the contract reasonable compensation not
in the event of the contractors said default. The exceeding the amount so named or, as the case
provision of such clauses on the employers financial may be, the penalty stipulated for.
contractual remedy, is and has been, the object of
much criticism, but nevertheless, on an overall basis, The said Section 75 is in pari materia with Section
remains the most practical mechanism for resolving 74 of the Indian Contracts Act 1872 where it was first
the issue on a win-win basis for both parties. Such enacted and then followed in the local jurisdiction.
provisions are common, although their labels differ
from form to form; the more popular of which are The first interpretation to this provision was given
liquidated damages, liquidated and ascertained in the Indian case of Bhai Panna Singh v Bhai Arjun
damages, penalty, etc. Though used synonymously, Singh [AIR 1929 PC 179] where the Privy Council held
there are distinct differences between these labels. One in regard to the Section 74 of the Indian Contracts
should be mindful of the relevant pronouncements Act 1872 that:
of the Malaysian Federal Court, in particular, in the
case of Selva Kumar a/l Murugiah v Thiagarajah a/l The effect of S74 of the Contracts Act 1872 is to
Retnasamy [1995] 2 MLJ 817 and the recent case of disentitle the plaintiffs to recover simpliciter the
Johor Coastal Development Sdn. Bhd. v Constrajaya sum of RS10,000, whether as penalty or liquidated
Sdn. Bhd. [2009] 4 MLJ 445 which have shed light on damages. The plaintiff must prove the damages
the way the local courts view these clauses. they have suffered.
22 THE INGENIEUR
engineering & law
This was followed locally in Maniam v The State of agreement to pay a specified sum by way of
Perak [1957] MLJ 75 where Thomson J held: liquidated damages.
In the first place, in this country there is no The Federal Court was given an opportunity in
difference between penalty and liquidated damages the case of Selva Kumar a/l Murugiah v Thiagarajah
.. As is said in Pollock and Mulla on the Indian a/l Retnasamy [1995] 2 MLJ 817 to revisit the matter
Contracts Act (7th Edn.) at p40, The section boldly and make a ruling on it. Peh Swee Chin FCJ (who
cuts the most troublesome knot in the common delivered the judgment), effectively held at p823 that
law doctrine of damages. In brief in our law in in Malaysia, Section 75 of the Contracts Act 1950
every case, if a sum is named in a contract as to does away with the distinction between liquidated
be the amount to be paid in case of breach it is damages and penalties as understood under English
to be treated as a penalty. See Bhai Panna Singh Law. This flows from Section 75 providing that in every
v Bhai Arjun Singh [AIR 1929 PC 179]. case where a fixed sum is specified in the contract as
payable upon breach thereof, the court must determine
In Wearne Brothers (M) Ltd v Jackson [1966] 2 what is the reasonable compensation, whether or not
MLJ 155, the Malaysian High Court held that whether actual damage or loss is proved to have been caused
the clause in the agreement was a penalty clause or thereby. The words whether or not actual damage
otherwise was irrelevant in view of Section 75 which or loss is proved to have been caused thereby must
provides that in every case, the court must determine be given a restricted construction so that a plaintiff
what is the reasonable compensation. It went on to who is claiming for actual damages in an action for
state that the effect of the Section is that the plaintiff is breach of contract must still prove the actual damages
disentitled from recovering simpliciter the sum fixed in or reasonable compensation in accordance with the
the contract whether as penalty or liquidated damages settled principles in Hadley v Baxendale (1854) 9
and must prove the damages suffered by him unless Exch. 341(which is per 74 of the Contracts Act 1950).
the sum is a genuine pre-estimate. This interpretation Any failure to prove such damages will result in the
was confirmed subsequently by the Privy Council in the refusal of the court to award such damages. However,
cases of Linggi Plantations Ltd v Jagatheesan [1972] 1 for cases where the court finds it difficult to assess
MLJ 89 where Lord Hailsham held that Section 75 of damages for the actual damage as there is no known
the Contracts Act 1950 was intended to cut through measure of damages employable, and yet the evidence
the rather technical rules relating to liquidated damages clearly shows some real loss inherently which is not
and penalties. Robert CJ in the Brunei case of Chung too remote, the words in question will apply. The
Syn Kheng Electrical Co Bhd v Regional Construction court ought to award substantial damages as opposed
Sdn Bhd [1987] 2 MLJ 763 commenting on the effect to nominal damages which are reasonable and fair
of Section 75 said: according to the courts good sense and fair play. In
any event, the damages awarded must not exceed the
This means that the amount provided for liquidated sum so named in the contractual provision.
damages will only be enforced in favour of the
plaintiff if it can be shown that this amount was The above pronouncement in the said case (in short
a genuine pre-estimate of the damages likely to Selvakumars case) was applied with mixed results in
flow from the specified breach. The amount the subsequent cases. The principle requiring proof of
of loss or damage which has actually occurred actual loss before imposing liquidated damages/agreed
must be a major factor in deciding whether the compensation was applied in Reliance Shipping &
amount provided for was an honest pre-estimate Travel Agencies v Low Ban Siong [1996] 2 MLJ 543 and
of the likely loss or damage. If the actual loss Lion Engineering Sdn. Bhd. v Pauchuan Development
or damage suffered is very much less than the Sdn Bhd [1997] 4 AMR 3315; to quote some examples.
sum agreed, the court will refuse to enforce the In a similar vein, a case that apparently comes within
THE INGENIEUR 23
engineering & law
the exception to the said restrictive interpretation of of such clauses in question. Selvakumars case falls
Section 75 of the Contracts Act 1950 is Keen Builders squarely in this second category.
Sdn. Bhd. v Utara Dua (M) Sdn Bhd (Samudra
(Malaysia) Sdn Bhd, Garnishee) [1998] 2 CLJ Supp. Recent Developments
256 where it was held that owing to the nature of
the damages arising from the delayed completion of Whilst the above-mentioned developments were
a building project which involved variable factors happening in Malaysia, the Indian Courts were
including currency fluctuation, the parties consensus given various opportunities to review the previous
of having mutually agreed upon a figure must come interpretations that had been given to their Section
within the said exception. 74 of the Contracts Act 1972; this culminating in the
case of Oil & Natural Gas Corporation Ltd v SAW
A shift from Selvakumars case was seen in a Pipes Ltd AJR 2003, Supreme Court 2629 where the
number of cases; the first of which was Arab Malaysian court at para 65 held:
Corp. Builders Sdn Bhd v ASM Development Sdn
Bhd [1998] 2 CLJ 169 that has been considered Jurisdiction of the Court to award compensation
previously in relation to the reluctance of the courts in case of breach of contract is unqualified as to
to injunct the employer from deducting liquidated the maximum stipulated and compensation has
damages. However, a more pronounced movement to be reasonable. Under S73, when a contract
away in thinking was shown in the High Court case has been broken, the party who suffers by such
of Sakinas Sdn Bhd v Siew Yik Hau & Anor [2002] 2 breach is entitled to receive compensation for any
MLJ 497 where Abdul Aziz Mohamed J reiterated the loss caused to him which the parties knew when
principles in Selvakumars case into two categories of they made the contract to be likely to result from
cases, namely: the breach of it. This section is to be read with
S74, which deals with penalty stipulated in the
1. The first category where the evidence must show contract, inter alia (relevant for the present case)
some real loss inherently and that such loss was not too provides that when a contract has been broken
remote but it would be difficult for the court to assess the amount to be paid in case of such breach,
damages or the actual damage or loss because there the party complaining of breach is entitled,
is no known measure employable. Therefore, even if whether or not actual loss is proved to have been
there was no evidence of actual damage or loss, the caused, therefore to receive from the party who
court would nevertheless award substantial damages has broken the contract reasonable compensation
not exceeding the sum so named in the contract as not exceeding the amount so named. Section 74
liquidated damages; being a sum which was reasonable emphasises that in case of breach of contract,
and fair according to the courts good sense and fair the party complaining of the breach is entitled to
play. It was held that delay in construction projects receive reasonable compensation whether or not
was a species of breach for which no known measure actual loss is proved to have been caused by such
of damages was employable; this being applied in breach. Therefore, the emphasis is on reasonable
Sakinass case and in the subsequent case of Yap Yew compensation. If the compensation named in
Cheong & Anor v Dirga Niaga (Selangor) Sdn Bhd the contract is by way of penalty, consideration
[2005] 7 MLJ 660; and would be different and the party is only entitled
to reasonable compensation for the loss suffered.
2. The second category where the damage for such But if the compensation named in the contract for
loss was not too remote and could be assessed by such breach is genuine pre-estimate of loss which
settled rules. In this case, the failure to prove damages the parties know when they made the contract
for actual loss or damage would result in the courts to be likely to result from the breach of it, there
refusal to award such damages despite the wording is no question of proving such loss or such party
24 THE INGENIEUR
engineering & law
is not required to lead evidence to prove actual In the majority decision dismissing the appeal
loss suffered by him. Burden is on the other Arifin Zakaria FCJ, after having reviewed S 75 of the
party to lead evidence for proving that no loss Contracts Act and the relevant authorities, had this to
is likely to occur by such breach. say at p 459 to 461:
The said decision appears to show a shift by the Reverting to the first question posed to us, based
Indian Courts away from their previous restrictive on the authorities considered above, it is my
approach towards the position generally held under view that the legal position may be summarized
English Law. Whether the local courts would follow
as follows:
suit was tested recently in the case of Johor Coastal
Development Sdn Bhd v Constrajaya Sdn Bhd [2009]
The appellant/vendor cannot recover or retain
4 MLJ 445 where the appellant contended before the
without proof by evidence of the loss or damage
Federal Court that:
suffered as a result of the breach of the agreements.
(a) The decision in Selva Kumar as identified in This is because S 75 of the Act provides that in
the first issue is incorrect on the grounds that: every case, the court must determine what is
reasonable compensation, whether or not actual
(i) the Federal Court in Selva Kumar decided damage or loss is proved to have been caused
not to construe S 75 literally but to adopt a thereby.
more limited construction;
And as was held in Selva Kumar actual damages
(ii) the Federal Court in its judgment had relied or reasonable compensation must be proved in
on two old Indian cases. The Indian Supreme accordance with the principles set out in Hedley
Court has in a recent case, Oil & Natural v Baxendale (1854) 9 Exch. 341.
Gas Corp. Ltd. v Saw Pipes Ltd. AIR 2003
2629 departed from these cases; and The appellant urged this court to depart from
Selva Kumar and the long series of decisions
(iii) Selva Kumars decision insists that damage on S 75 relying on a recent two bench decision
must be strictly proved in every case despite of the Supreme Court of India in Oil & Natural
the presence of mutually agreed liquidated
Gas Corporation Ltd v SAW Pipes Ltd LRI 348.
damages clause, parties are forced to always
Upon close examination, I find that Oil & Natural
litigate as the defaulting party would argue
Gas falls in the category of cases where the loss
that there is no actual proof of actual
suffered is incapable of assessment. Hence, the
damage.
amount stipulated may be regarded as a genuine
(b) The parties in the instant case have by Cl pre-estimate of damages and therefore it is
16.2 of the agreements contracted out of S 75 recoverable. Further in Selva Kumar itself the
of the Act. In the agreements, by Cl 16.2, the court recognized that where the court finds it
parties unconditionally and irrevocably agreed difficult to assess damages as there is no known
that the sum stipulated to be payable by the party measure of damages employable, the stipulated
would constitute reasonable compensation and sum may be recoverable. It should also be noted
that each party expressly waives any objection that nowhere in Oil & Natural Gas the Indian
it may now or hereafter have that those sums Supreme Court stated that the provisions of the
would be otherwise than fair compensation. Indian Contracts Act can be contracted out. In
Clearly the parties intended to and have Cl 16.2, view of the above, I am of the view that Selva
contracted out of S 75 of the Act. Kumar is still good law
THE INGENIEUR 25
engineering & law
This decision being that of the apex court of the by the relevant clauses of the Sale and Purchase
country vide the doctrine of stare decisis binds all Agreement and the Housing Developers (Control &
the lower courts and must therefore be followed. Licensing) Regulations 1989. Section 56(3) of the
Though it precluded an attempt to overrule Selva Contracts Act 1950 has no relevance. The right to
Kumars case, the application of the said decision be paid the liquidated and ascertained damages was
as envisaged by Sakinas case may still be relevant automatic once there was a delay by the developer/
especially in terms of its two-fold categorization defendant to hand over possession. The latter must pay
exercise. However as Sakinas case was never cited the purchaser/plaintiff immediately, without further ado
and therefore not reviewed, its actual effect and status once there was a delay. There was no obligation on
is a moot point. But what is clear from a long list the part of the plaintiff/purchaser to give notice to the
of other authorities is that neither Selva Kumar (and defendant. Several reasons have been cited both by
therefore Johor Coastal Development) is applicable for the courts as well as the practitioners for this departure
contracts drafted in accordance with Schedule H of from the rigors of the decision in Selva Kumar but it
the Housing Developers (Control and Licencing Act) is patently obvious that the main purpose for this is
1966 for accommodation type of building contracts. presumably based on public policy grounds and the
In Brisdale Resources Sdn Bhd v Law Kim [2004] 6 need to protect purchasers of housing projects.
MLJ 76, Faiza Tamby Chik J held that:
Returning to the recent decision in Johor Coastal
(1) There was no provision in the sale and Development, many practitioners especially employers
purchase agreement which required the plaintiff to were disappointed once again that instead of overruling
give notice of his intention to claim for damages. Selva Kumar, it has on the other hand reaffirmed it.
The agreement was drafted in accordance with Critics have long argued that Selva Kumars decision
Schedule H of the Housing Developers (Control & itself has defeated the very purpose of drafting and
Licensing) Act 1966 for accommodation type and incorporating liquidated damages provisions in
it is a statutory contract that cannot be contracted contracts as in any case the defaulting party will always
out, unless with the consent of the Controller challenge any imposition of such damages, leaving
of Housing or Government. The intention is to the employer to come to court or to an arbitral forum
protect purchasers such as the plaintiff from the to prove their actual loss or damage; an onerous task
defendant who has more bargaining power and incurring additional costs and time. Furthermore, the
who unilaterally take advantage of interpreting consequence of such an approach has been to put
the plaintiffs conduct as a waiver and who could the liquidated damages recovery mechanism on a
refuse to pay compensation even though in similar footing to the recovery of unliquidated (general)
breach of the agreement. damages at common law. Therefore the very purpose
of including a financial contractual remedy is seriously
(2) The agreed liquidated damages for late comprised and rendered materially ineffective
delivery of vacant possession as contained in
Cl 22 of the sale and purchase agreement was Discounting the fact that the distinction between
a mandatory provision. Therefore, the plaintiff liquidated damages and penalties within the context of
need not prove his losses pursuant to S75 of the Malaysian Law has been removed by the relevant case
Contracts Act 1950. law, it is submitted that the common law position as
enunciated above is equally relevant and applicable
A similar finding was made in Tai Kim Yew & Ors v when a challenge is made to the enforceability of a
Sentul Raya Sdn Bhd [2004] 4 MLJ 227 where it was liquidated damages provision. Accordingly, if the
held that the right of the plaintiff was solely governed contractor can prove on a balance of probabilities that
26 THE INGENIEUR
engineering & law
such damages are anyway not due to the employer It is also trite law that the courts have to give
because they fall under the second category of effect to the provision of the statute. In the
damages under Sakinas and are not too remote and instant appeal, the parties had agreed to a
could be assessed by settled rules, then the burden stipulated sum and the manner of payment at
is on the employer to prove his actual loss and/or fixed installments. All these payments could
damage. It was the appellants contention that by the be easily calculated and the parties have
provision of the said clause, the parties had contracted specifically agreed under Section 82(b) of the
out of S 75 of the Contract Act 1950 (and thereby SPA, that in the event of a breach, all monies
circumvented Selvakumar); relying on certain dicta already paid shall be forfeited. So clearly a
of Lord Wilkinson in Ooi Boon Leong v Citibank NA sum has been named as the amount to be
[1984] 1 MLJ 222 (PC) and the Indian case of Oil & paid in case of such breach and the vendor
Natural Gas Corporation Ltd v SAW Pipes Ltd [2003] (the appellant) is therefore entitled to receive
LRI 348. The respondents case on the other hand was from the purchaser (the respondent) who has
that S 75 of the Contracts Act 1950 spells out different broken the contract reasonable compensation
consequences and the Indian and local authorities that not exceeding the sum so named, whether or
deal with general principles do not appear to have not actual damage or loss is proved to have
been drawn to the attention of the Privy Council in Ooi been caused thereby. Under clause 16.2 of
Boon Leong and that nowhere does Oil & Natural Gas the SPA, the parties had agreed that the sums
suggests that the provisions of the Contracts Act can stipulated in the SPA to be payable by the
be contracted out where the provision was a deliberate defaulting party would constitute reasonable
departure from the common law. compensation to the non-defaulting party and
had also waived any objection thereafter that
The Federal Court was posed with the following those sums would be otherwise than fair or
question of law: Whether or not parties entering into a reasonable compensation. This stipulation I
contract are entitled to contract out of the provisions of feel, is not contrary to S 75 of the Act.
S 75 of the Contracts Act 1950. To this Arifin Zakaria
FCJ in delivering the majority decision held that as Although not answering the question posed
regards this question, it had to be determined whether, directly, the majority decision nevertheless leaves
on the proper construction of the Agreement (i.e. the the possibility of the parties being entitled to
SPA), the parties had in fact excluded the application contract of the Contracts Act 1950 and in particular
of S 75 of the Act. There was no clear provision in exclude the application of S 75 if there was a
the SPA which excluded the application of S 75 of the clear provision to this effect in their agreement
Act. As such, the question did not arise based on the and as determined by a proper construction of
facts of the case. Commenting on the respondents the agreement. However, more convincing is
contentions, in agreeing with it, Arifin Zakaria FCJ at the approach taken in the dissenting judgment
p460 said: of Hashim Yusoff FCJ which, if adopted would
make the enforceability of such a clause easier
It should also be noted that nowhere in Oil & u n d e r t h e c i rc u m s t a n c e s . Fo r a n e m p l oye r,
Natural Gas the Indian Supreme Court stated that under the prevailing conditions, the inclusion of
the provisions of the Indian Contracts Act can be a circumventing clause is the best alternative to
contracted out. ensure that the pre-agreed liquidated damages as
stipulated in the contract can be recovered upon
In his dissenting judgment Hashim Yusoff FCJ held the contractors breach of non-completion/late
at p470: completion.
THE INGENIEUR 27
feature
Rainwater Management
And Utilisation System
By Ir. Hj Ahmad Jamalluddin Shaaban, Ir. Mohd Zaki M.Amin & Dr. Huang Yuk Feng,
National Hydraulic Research Institute of Malaysia, NAHRIM
A
part from the traditional Rainwater Management planning with relevant planning
development of water sources processes in order to address the
in the form of dams, ponds Rainwater management focuses impact of rainwater on community
and pipelines, rainwater harvesting on providing the right stormwater values. It is a necessity in the
is certainly a refreshing approach solution. With a full range of planning processes, the approach
towards an integrated, environment new technologies, rainwater of design with nature to integration
friendly and sustainable urban water management can provide an of rainwater management with
resources development initiative. In engineered solution for many community. The desired outcome
many parts of the world, the uses of our needs. A good rainwater is to improve both the natural and
of rainwater are expanding in order management system can be a cost- built environments in an urban
to accommodate the needs of the effective approach to the escalating setting. This means determining
environment and growing water issue of water conservation and how rainwater management
supply demands. In many parts of management for now and the objectives can be integrated with
the world, unfortunately, it remains future. However, there has been land development processes and
the only choice. In addition to a ch a n g e i n t h i n k i n g o n t h e tools to mitigate the cumulative
providing a dependable and locally- single function view of traditional impact of landscape alteration,
controlled water supply, proper stormwater management to the and produce cumulative watershed
rainwater management can also integrated and comprehensive landscape benefits. In general,
provide tremendous environmental perspective that is captured by rainwater management is aimed
benefits. It can help in reducing the term rainwater management. at resolving existing problems
or mitigating urban flash flood Stormwater suggests there is a and protecting environmental
problems through a reduction of problem, whereas rainwater is a resources as both are associated
peak storm runoff, and also assist resource. Traditional stormwater with land use change, either past
in reducing sedimentation and management is reactive. It only or proposed.
pollution problems. The utilization deals with the consequences of
of rainwater harvesting should the rare extreme events. Rainwater Tool to re-position the altered
also be related to other aspects of management, on the other hand, hydrologic characteristics
living like food and water security, i s p r o a c t ive i n m a n a g i n g a l l
e nv i r o n m e n t a l r e h a b i l i t a t i o n , rainfall events that occur in a Urban development can change
protecting wetlands and now in ye a r. R a i n wa t e r m a n a g e m e n t a regions hydrology (water flow
coping with climate change. integrates drainage infrastructure amounts and patterns). Where
28 THE INGENIEUR
feature
natural vegetation and soils allows Coping with climate change be more efficient to manage both
the gradual absorption and slow A No Regret Approach flooding and drought simultaneously
movement of rain, paved streets using the same facilities. The
and buildings speed both water The impact of climate change concept of multipurpose rainwater
and pollutants to our waterways. on the lives of people, and how management has been serving this
Po l l u t a n t s f r o m c o m m e r c i a l , the changes eventually challenge purpose very well.
industrial and residential activities the resolve in water resources In addition, the use of low-
that may appear insignificant at management has become an impact development strategies
their source are moved by rain important issue. In Malaysia, studies which include permeable paving
into storm drains that flush the on hydroclimate projection show materials, detention and retention
wastes into rivers, lakes, or marine that an increment of 10% in ponds, green roofs and rain gardens,
waters. average annual rainfall in Kelantan, will also be able to reduce flooding
Sustainable urban development Terengganu and Pahang States, and without expensive upgrades to the
must encompass a balanced a decrement of 5% for Selangor existing drainage infrastructure. This
programme that take into and Johor States, are projected concept is really a No Regrets way
consideration many factors respectively, over the next 40 years. to prepare for possible flooding,
amongst which are environmental There is a consistent relationship where if climate change doesnt
soundness, economic efficiency, between changes in maximum produce the extreme rainfall as
etc. Sustainable development and minimum monthly rainfall and predicted, the detention and
also must pursue a water balance changes in the river flows. The flood retention ponds, rain gardens, green
w i t h i n t h e hy d r o l o g i c cy c l e . flow changes range from +11% to roofs and permeable pavements
Impervious surfaces such as roads, +43%, while the low flow changes will still make our neighbourhoods
h i g h way s , h o u s i n g a r e a s a n d range from -31% to -93%, which and natural habitats greener and
parking areas prevent rainwater mean more frequent floods and pleasant, improve the health of
from infiltrating naturally into the droughts are predicted in future urban watersheds, and also provide
ground in a timely fashion. Runoff (NAHRIM, 2006). storage facility of a conjunctive
remaining on the soil surface is With higher extreme rainfall in water supply.
termed stormwater, and eventually the future, how should we cope
finds its way into streams, rivers, with the extra water? Rainwater Green Infrastructure,
and finally discharges into water harvesting can be one of the Green Technology
bodies such as lakes and sea. solutions for coping with these A s c i t e d by B a r t e n s e t . a l .
Movement of this stormwater extreme climate variations so as not (2009), Green Infrastructure (GI)
across the soil not only cause to be caught unaware. For example, is a means to adapt to effects
erosion but also carries and the No Regret Approach of the Star of climate change with regards
deposits untreated pollutants City Rainwater Harvesting System to flooding, biodiversity, urban
such as sediment, nutrients and in Korea is a good strategy for cooling, renewable energy and
pesticides, into surface water bodies climate change adaptation. Existing noise and light pollution. The main
which can result in disastrous centralised water infrastructures benefits of GI regarding hydrology
pollution problems. Rainfall are vulnerable to climate change are rainfall interception, increased
in the urban areas inevitably and urbanization. The system soil infiltration, water uptake, water
c r e a t e s s t o r m wa t e r r u n o f f i n d e m o n s t ra t e s t h a t s a f e t y a n d storage and delaying & decreasing
the watershed. Implementing a sustainability of current centralised peak flows all of which decrease
rainwater harvesting system that water system can be increased by the volume of water that requires
can cover wide surfaces is one the addition of a decentralized management. Meanwhile, the term
way to decrease the amount of rainwater management system of green technology encompasses
stormwater runoff and minimize (Rainwater Research Centre, 2009). a continuously evolving group
the problems associated with Th e c o n c e p t o f m u l t i p u r p o s e of methods and materials, from
i t . R a i n wa t e r h a r v e s t i n g a n d rainwater management implemented techniques for generating energy to
management can then be used as in the Star City is not only useful for non-toxic cleaning products and a
a tool to re-position the altered efficient flooding mitigation, but also host of other strategies.
hydrologic characteristics back to for drought management. It should Green technology subject areas
their original condition. be borne in mind that it would include energy, green building,
THE INGENIEUR 29
feature
environmentally preferred harvesting projects have less water multipurpose rainwater management
purchasing, green chemistry and loss to evaporation because the was suggested, in order to create a
green nanotechnology (Green- rain is collected locally and can be more efficient management system,
Technology, 2010). Harvesting stored in a variety of ways. and some examples of proactive
rainwater is one of the green management were introduced. The
i n f r a s t r u c t u r e t e ch n o l o g i e s Supplement to the existing Seoul Metropolitan Government
approach, either in the absence or treated water supply (SMG)
has
been plagued by repeated
presence of other water sources, is damage to the city by flooding
essential for any future sustainable Rainwater tanks complement because the urban area is covered
development of cities. It has mains water supply infrastructure with impervious surfaces. As a
become one of the important in certain countries. Rainwater remedy, SMG has enforced two
elements in the Green Building harvesting has become one of the multipurpose rainwater management
Index (GBI) under water efficiency possible choices that can be used to projects, which are the Seoul
criterion (GBI, 2010). It has great solve the problem of water scarcity City Rainwater Management and
potential to decrease the volume of in developing countries like India, the Star City Specific Rainwater
stormwater needing management Sri Lanka, Kenya and Tanzania, System Project. Rainwater harvesting
at all levels. Rainfall interception, where the hundreds of millions of can also act as a buffer against
mainly by trees, reduces the people depend on rainwater for drought.
amount of water reaching the their domestic water needs whilst
ground. Increased infiltration of rain is not a regular phenomenon Solution to environmental
soils through root growth and throughout the year. Sumida City, problems
root turnover increases the rate at which is located in the east of central
which water is relocated from the Tokyo, Japan, started to introduce Rainwater harvesting resolves
surface to the subsoil/groundwater. the Innovative Sky-Water Projects in many social and economical issues,
Vegetation removes water from the 1982 (Murase, 2003). The City Hall and enhances the communitys
ground through transpiration and has taken initiatives to promote sky capacities to manage or reduce
therefore increases the capacity of water projects, not only in Japan, the risk of disaster such as flood
the soil to store water. Finally the but also in other areas in Asia. and drought. Rainwater harvesting
remaining rainwater can be stored Tokyos annual average rainfall as can be used to combat flooding
in ponds, wetlands and other open a water resource is some 25 billion and erosion. According to research
spaces within the floodplain and cubic meters, while the annual carried out by the NAHRIM at
prevent damage to homes and other city water consumption in Tokyo Taman Wangsa Melawati Kuala
properties. is 2 billion cubic meters. If Tokyo Lumpur, it was also found that
were to use this rainwater, most with the incorporation of rainwater
Rainwater Utilisation of which is at present discharges harvesting system, it is possible to
into drains, it would achieve much achieve a 20% reduction of the
Rainwater harvesting and greater water independence. As peak discharge in this housing
utilization has been practiced in cited by Murase (2003), a city area, with the assumption that
Malaysia especially in the villages totally reliant on a large, centralized every terrace house here has been
for a long time. From research water supply pipeline (life-line) is installed with the same system.
carried out by NAHRIM at Taman very vulnerable in the face of a Further reduction of peak discharge
Wangsa Melawati, Kuala Lumpur large-scale natural disaster (major of up to 50%, could be achieved by
(Shaaban and Appan, 2003), the earthquake etc.). A shift from life- installing the systems in the other
household use of rainwater for non- line to decentralized life-points commercial and public buildings
potable purpose contributes 34% of should be encouraged. within the housing area. Besides
the total monthly household water Ko r e a i s r e c o g n i z e d a s a that, the impact of climate change,
use. Rainwater is a dependable and most difficult area for rainwater which has become a hot issue in
locally-controlled water source and management because of the uneven these years, will change the rainfall
can be implemented quickly and distribution of rainfall and where spatial and temporal patterns of the
modularly. Unlike big dams that about 70% of the country is country that will result in challenges
collect and store water over large mountainous with steep rocky slopes related to water such as floods and
surface areas, small-scale rainwater (Han, 2007). Thus, the concept of drought. Flash floods are likely
30 THE INGENIEUR
feature
to become more frequent while their source are moved by rain and where runoff can pond and infiltrate
the potential for drier conditions snowmelt into storm drains that flush into deep constructed soils and
could lead to more severe droughts. wastes into rivers, lakes, or marine then into the native soils below.
Rainwater harvesting can then be waters. Pollutants commonly include Figure 3.1 shows the concept of
an important mitigation measure. nutrients, sediments, pathogens and rain garden that can minimize
Flooding has also led to serious pollutants. First rainfalls discharges runoff volumes, as sediment and
problems associated with the quality can be the most dangerous, because pollutant trap and also increase
and quantity of groundwater. The first flush concentrations of the amount of water for recharging
short duration but intense heavy pollutants are high. When we build local ground water. Figure 3.2
rains falling on the surface tend more hard surfaces like roofs, roads shows the anatomy of rain garden
to flow away rapidly leaving very and parking lots, we also increase concept (Hinman, C., 2007). The
little for recharge of groundwater. the volume of runoff. These higher use of rain garden has the following
Capturing the rain and releasing it flows flush with great energy into our advantages:
slowly to the aquifers has become waterways, scouring out essential
an ideal solution to retain or habitat such as fish spawning and Rain gardens can be sized
improve the quality of groundwater. refuge areas, and eroding stream to temporarily store runoff from
Thus, it cannot be denied that banks. smaller to medium sized storm
rainwater harvesting is a sustainable Rainwater utilization by means events in the depression area itself,
approach and can be very cost- of the rain garden concept, also the constructed soils, and any
effective in the long term. known as vegetated infiltration constructed reservoir;
basins, biorentention gardens or Pollutant removal - vegetated
Approach to sediment and facilities, and infiltration rain soils remove more stormwater
pollutant trap gardens, are landscape features pollutants than non-vegetated soils
designed to treat stormwater runoff through processes of absorption,
Pollutants from commercial, from hard surface areas such as filtration, sedimentation, infiltration,
industrial and residential activities roofs, roads and parking lots. They phytoremediation, volatilization,
that may appear insignificant at consist of depressed garden spaces surface resist;
Figure 3.1: Benefit of Rain Garden as a tool for rainwater management in minimizing the impact of stormwater problem
THE INGENIEUR 31
Source: Rain Gardens, by Roger Bannerman
feature
Rainwater Harvesting
System Components
And Designs
A rainfall water harvesting
system has three components:
Newly planted Seattle rain garden the supply (rainfall), the demand
Source: Rain Garden Handbook for Western
Washington Homeowners (Hinman, C.< 2007)
32 THE INGENIEUR
feature
THE INGENIEUR 33
feature
(a) (b)
34 THE INGENIEUR
feature
Determine and calculate forest or tall trees. First flush device system, coefficient of rainwater
storage required Storage or tank can be used to improve the quality utilization, storage efficiency, and
size is mainly affected by rainfall of the rainwater. UV type filter is percentage time of tank empty. This
intensity, catchment area and used for potable system. simulator software is only meant to
water demand. An optimum tank be a guide in estimating the size
size can be determined taking into TANGKI NAHRIM Rainwater of the rainwater storage tank with
account these three factors using Simulation Software its respective reliability. A step-
the TANGKI NAHRIM Rainwater by-step simulation example of the
Simulation Software. Estimation for the size of software is shown in Figure 4.2 and
D e t e r m i n e s t o ra g e t y p e rainwater tank can be calculated this software can be downloaded
The storage tank can be located using Tangki NAHRIM rainwater at http://www.nahrim.gov.my/my/
above ground or under ground, simulation software, as it was perisian-tangki-nahrim.
depending on the space available. p u r p o s e l y d e ve l o p e d f o r t h e
Various types of tank can be used rainwater harvesting system projects. Case Studies
depending on the budget. The main purpose of this software
Filtering system Selection of is to estimate the optimum size NAHRIM has also installed systems
a filtering system is dependent on of tank for rainwater harvesting at a mosque in Taman Bukit Indah
the purpose of the system and the systems used to store rainwater. This Ampang and the
National
Zoo
, and
quality of rainwater harvested. Leaf software can generate the amount of at some islands and rural areas,
guards are generally mandatory rainwater captured, total rainwater where rainwater is an important
for catchment areas surrounded by volume delivered, reliability of the water source for the residents.
Figure 4.2: Simulation Example for Tangki NAHRIM Rainwater Simulation Software
THE INGENIEUR 35
feature
NAHRIM embarked on the rainwater project at the Taman Bukit Indah Mosque, Ampang, in 2003,
on the request of the mosque committee. The main objective of the project is to use rainwater as the
supplement or the alternative water supply for the flushing of toilets. The system cost is about RM95,000.
An underground rainwater storage tank was constructed under the parking area with the total volume
of rainwater approximately about 60m3. The storage tank is constructed using polyethylene modules
wrapped in geotextile called hydronet and an impermeable High Density Polyethylene liner. The reliability
of the system is about 80% based on the simulation using the Tangki NAHRIM Simulation Software.
The schematic arrangement of the system is shown in Figure 5.1.
Figure 5.1: Schematic arrangement of the Rainwater Harvesting System at Mosque Taman Bukit Indah Ampang
36 THE INGENIEUR
feature
National Zoo at
Ulu Klang
NAHRIM in collaboration with
DID initiated the rainwater
project at the National Zoo
in 2008 on the request of
the National Zoo. The main
o b j e c t iv e o f t h e p r o j e c t
is to use rainwater as the
supplement or the alternative
water supply for the public
toilets flushing and the two
hippopotamus ponds. The total
cost for the system is about Figure 5.2(a): System Layout of the Rainwater Harvesting System at the
RM324,750. The rainwater National Zoo
harvesting system is designed
to store a total volume of
365.7 m3. The average total
daily water demand is about
17.36 m3. Rainwater is used
to replace river water for
the hippopotamus ponds.
Th e r e f o r e , t h e r e i s n o
direct saving in the water
bill. However, based on the
estimated average total daily
wa t e r d e m a n d , t h e t o t a l
rainwater consumption is
about 520 m3 per month. The
system layout and the detailed
system components are shown
in Figures 5.2(a) and (b),
respectively. Figure 5.2(b): System Components of the Rainwater Harvesting System at
the National Zoo
Research Needs For tank, which are low cost and as optimum temperature and pH
Rainwater Utilisation And suitable for the local weather values to make the treatment a
Management conditions encourage installation success needs to be characterized.
of system and ensure good quality Besides that, utilisation of rainwater
Development of low cost and of rainwater storage. to supplement public water supply
efficient technology to support Natural treatment chain in the and groundwater is also essential
rainwater harvesting is very important rainwater tank to treat harvested for the high water consumption
to promote rainwater utilization. rainwater is necessary in order to i n d u s t r i e s s u ch a s f o o d a n d
Invention and investigation of local reduce the presence of bacterial electronic factories. Research on
made rainwater harvesting system and metal contaminants for how rainwater can be used as non-
components such as first flush producing good quality of potable potable water source, in terms of
chamber and rainwater storage rainwater. The best conditions such quantity and quality, to substitute or
THE INGENIEUR 37
feature
supplement existing water supplies system. Implementing bodies may successful implementation of the
has to be carried out in order to take into cognizance the initiative project. Rainwater utilisation should
convince factory owners of all the to promote the implementation of not be restricted to supplementing
pros about adopting a rainwater rainwater harvesting by subsidising water supply but has to be justifiably
harvesting system. facilities of rainwater harvesting related to other aspects of living
The
reduction of peak storm systems and incentives for rainwater like food and water security,
runoff
can help in reducing or utilisation. flood mitigation, environmental
mitigating urban flash flood rehabilitation, and now coping
problems in the cities.
Research on CONCLUSION with climate change. Rainwater
rainwater management to help in management in response to climate
flash flood reduction for a big scale In order to strengthen the case extremes ultimately enhances the
river catchment needs to be carried for its large-scale implementation of resilience of human society. It
out in order to assess the impact of rainwater utilization in the country, is a necessity in the planning
rainwater harvesting on big scale serious efforts should be given to processes, with the desired outcome
flood protection projects. The
use several aspects. Comprehensive plans to improve both the natural and
of rain garden in conjunction with have to be prepared by the relevant built environments in an urban
other Low Impact Development stakeholders to ensure extensive and setting. BEM
(LID) practices in reducing the
amount of stormwater entering the
drainage systems is yet to be widely REFERENCES
practised in the country. Researches
on how effective rain garden can be Bartens, J. et.al. (2009), Green Infrastructure & Hydrology, http://www.
greeninfrastructurenw. co.uk/ climatechange/
used as alternative to the traditional
stormwater management and its Capital District Region, CRD (2010), Low Impact Development-Rainwater
specific functions as sediment and Management http://www.crd.bc.ca/watersheds/lid/garden.htm
pollutant trap and a recharge source
GBI (2010), What is the Green Building Index? http://www.greenbuildingindex.
to local ground water need to be org/index.html
figured out.
Green-Technology (2010), Green Technology What is it? http://www.
Regulation And Policy Needs green-technology.org/what.htm
38 THE INGENIEUR
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Enforcement of Coastal
Development Guidelines
By Ir. Tan King Seng
F
or development in coastal areas, there is already
a set of guidelines well in place to be used by
all the three levels of Government i.e Local
Authorities; State and Federal Governments in approving
development projects as well as sand mining in coastal
areas.
The framework of the guidelines was based on
the spirit of Cabinets intention to conserve national
environment and Rio Summit Declaration 1992 in
ensuring that proper development is carried out in
coastal zones of Malaysia. About 70% of Malaysian
population live in coastal towns comprising Kuala Perlis,
Kuala Kedah, George Town, Seberang Perai, Lumut, Extract from the Coastal
Port Klang, Port Dickson, Malacca, Muar, Batu Pahat, Development Guidelines
Johor Bahru, Kota Bahru, Kuala Terengganu, Kuantan,
Mersing, Kuching, Bintulu, Miri, Kota Kinabalu, Tawau Types of Coastal Development
For the purpose of these guidelines, development
and Sandakan.
projects in the coastal zone may be classified into
The Cabinet had on Jan 23, 1997, agreed that with
four broad types:-
the Cabinet paper put up by the Ministry of Agriculture
(a) Shore front development
(which oversees JPS until March 2003. JPS has since
(b) Back shore development
been placed under the purview of Ministry of Natural
(c) Land reclamation
Resources and Environment) in preparation of the
(d) Sand mining and river mouth dredging.
Coastal Zone Development Guidelines that:
Setback Limits
(i) The guidelines be used by all Local Authorities in (a) The following setback limits are proposed:-
processing all proposed developments in coastal zones (i) 60 metres for sandy coast measured from
including coastal towns for Mean High Water Line; and;
(a) foreshore development including large scale (ii) 400 metres for muddy coast measured from
development projects, construction of ports and the seaward edge of mangrove vegetation/forest.
harbours However, no development should be allowed
(b) backshore development such as construction of in areas where mangrove vegetation/forest have
mixed development and construction of hotels and been gazetted as permanent forest reserve under
buildings as well as complexes for all purposes in the National Forestry Act 1984.
between high and low water marks
THE INGENIEUR 39
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Agricultural Areas in Coastal Zone, Perlis Urban centers along shoreline, Pulau Pinang
(ii) The guidelines be used by all State Governments eight existing harbours in Malaysia has significant impact
and Federal PTG in processing sand mining in State on coastal stability and water quality in nearby areas
and Federal territorial waters as well as sand dredging but are allowed provided there are sufficient mitigating
at river mouth areas to solve flooding and siltation measures to abate the negative impact as outline by the
problems as well as ports and harbours capital and EMP consultants engaged by the project proponents.
maintenance dredging In Malaysia, we have a total of seven existing
The spirit of the Guidelines has taken into account major ports and a new proposed major port which
the physical processes of the coastlines, the impact of needs maintenance dredging on a yearly basis and
development and sand mining on the stability of the capital dredging on a three yearly or a five-yearly
shorelines and the negative effect of siltation and erosion basis depending on the technical specification put
and lowering of water quality. up by ports operators or port authority, Besides that
The employment of licensed Environment Impact the planned capital dredging schedule are also based
Assessment (EIA) and Environment Management on the availability of funds annually and five yearly
Plant (EMP) consultants approved by Department of approved by Parliament and allocated to the Ministry
Environment (DOE) is therefore essential to ensure the of Transport (MOT). In any case, capital dredging
project proponents will adhere to all EIA requirements for major ports will costs Government at least RM15
as outlined in the reports approved by DOE during EIA billion to maintain the designed depth of the navigation
one-stop committee meeting. channels. It is estimated that at least another RM5
The Local Authorities as the custodian of nations billion are required to carry out capital dredging for
land and mines as well as waterways shall be transparent minor ports. (About 17 minor ports are under the
and uniform when comes to approving any development jurisdiction of Marine Department, MOT).
in coastal zone. Local authorities should ensure that all In conclusion, both the Government and private
coastal development projects which they approved are sector have good mechanism to ensure smooth running
built with nature or built in nature and not built against of approved coastal development projects including
nature. Examples of projects built against nature are ports. The approving authorities also have development
large scale land reclamation projects, construction of guidelines in making decision on EIA matters. What is
tiger prawns/fishes ponds in coastal zone which causes lacking is strict enforcement of EIA and EMP mitigating
severe water pollution problems measures to ensure that the on-going projects are not
Development without destroying the environment, detrimental to to environment and bio-diversity.
bio-diversity and flora & fauna in project areas is a In doing so, and to fulfil DOEs idea of self regulating
project built with nature such as eco-tourism projects to reduce the burden of its enforcement officers, the
including the construction of chalets and restaurants on approving authorities should follow-up and follow
stilts e.g a project in mangrove swamps in north west through all EMP programmes of the approved projects
part of Langkawi Island and Tg. Piai areas in Johor closely i.e strict monitoring and enforcement of the
which is earmarked and gazetted by State Government EMP mitigating/abating measures of all approved major
of Johor as Ramsar site through request made by Federal coastal development projects. One way is to get an
Government as signatory of Ramsar Conventions. impartial independent EMP consultant to monitor and
Projects like construction of new harbours and ensure implementation of all mitigating measures by
capital dredging as well as maintenance dredging of project proponents. BEM
40 THE INGENIEUR
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I
n recent years, the demand for raw materials in
the manufacturing industries have risen sharply so
much so that material cost contributes the largest
portion of the total unit cost of a product. A change
in material cost can determine the total cost and
profit margin. Many methods have been practiced
to bring down material cost as the way to enhance
competitiveness. Some of the common practices are
Negotiating with suppliers to cut down material
price
Developing several vendors who supply the same
raw material as the strategy to compare price and
select the lowest
Localizing the supplier of raw material and
eliminate the transportation cost incurred through
import.
THE INGENIEUR 41
feature
over size, over weight, over material usage, high cost tools used to prioritize and sort out the vital design
material or excessive features. Most of the parts possess factor Xs is the Failure Mode Effect Analysis (FMEA).
some kind of wasted or non value-added design. The The next step is to optimize the vital design factors
cause of this might be due to lack of study, limitation using statistical techniques such as Response Surface
of technology or undiscovered better manufacturing Methodology or RSM. Experiment quantitative data
know how when the part was initially designed. It is is used in the RSM to predict the performance of
also the belief that there is always a better way of Y and using this information, a team of designers
designing part or product that motivates humans to will be able to determine the proper design factors
do improvement. X to optimize the response of Y. All these design
activities follow a very structured roadmap consisting
PRODUCT DESIGN INNOVATION of Identify, Design, Optimize and Verify or acronym
IDOV. Advantages of DFSS are:
There are many innovative design techniques being Design new product that reaches six sigma
practiced by product designers. Some of the popular quality level and insensitive to variation
ones are Design For Six Sigma (DFSS), Design For Cut down product development time
Manufacture (DFM), Design For Assembly (DFA), Reduce development cost.
Value Analysis (VA) and Tear Down Design Concept
(TDDC). Each technique has its own focus that allows Design For Manufacture
the designer to achieve the desired product design
either in terms of cost, function, development lead Design For Manufacture (DFM) is a design practice
time or manufacturability. Even though they may differ that ensures that the realities of manufacturing are
in approach, all are innovation techniques meant for incorporated into the product design. Engineers can
designing a product to fulfill customer needs. It is up come up with any product design but it is meaningless
to a designer to choose the right technique to satisfy if it is not or difficult for manufacturability. The
the needs of both external and internal customers. objective of DFM is to improve manufacturability
by factoring product design features that will make
Design For Six Sigma them easier to be manufactured, hence reduce cost
(Whitney, 2004).
Design For Six Sigma (DFSS) can be defined as a Translating a concept into a manufactured
rigorous approach of designing a product with the aim product involves numerous considerations, such
to reduce delivery time, development cost, increase as:
effectiveness and better satisfy customers. It is actually Material to use (metals, plastics, ceramics,
an extension of the primary six sigma breakthrough organic materials)
improvement methodology pioneered by Motorola. M a t e r i a l f o r m i n g a n d s h a p i n g p r o c e d u r e s
The term six sigma refers to the quality level in which (extruding, pressing, casting, molding, etc)
variation about the average causes product defect of Machining processes (milling, drilling, reaming,
3.4 part per million (ppm) with the assumption that the broaching, sawing, grinding)
average value shifted by 1.5 standard deviation over Machine and tool changeover procedures
a long period of time (Pyzdek, 2003). The objective Material handling
here is to eliminate and control the variation in the Quality control
process in order to achieve zero defect.
The basic equation of DFSS is a transfer function Minimizing the number of parts is probably
represented by: the important consideration in DFM that has the
greatest impact on manufacturability, cost, quality
Y = f (X) or Y = f (X1 + X2 + .. X1X2
+ X1X3..) and time. Fewer parts translate into fewer materials
used and suppliers (hence lower material/supplier
This equation defines the relationship between related costs), simpler bill of materials (thus
dependent variable (final product output) Y and lower costs of parts, handling and control), lesser
independent variable (input design factors) Xs. The assembly steps (hence fewer workstations and
fundamental approach of DFSS is to identify the lower overhead cost) and higher product reliability
key design factor Xs which have significant impact (thus less maintenance, fewer breakdowns and
to the final product performance Y. The common lower costs).
42 THE INGENIEUR
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THE INGENIEUR 43
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44 THE INGENIEUR
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M
ost people think that method statement for demolishing management system on how to
managing Occupational activities? What were the safety manage Safety and Health at a
Safety and Health (OSH) is codes of practice or guidelines, workplace.
easy. But, the majority of companies precautions and considerations I n t h i s p a p e r, t h e a u t h o r
fail to manage OSH as part of their before the demolition was will explain OSH management
business process. Without thinking executed? These are some of principles from a general point of
of the importance of OSH, most the common questions when an view. Based on statistics from the
organisations underestimate the accident happens. From Safety Department of Occupational Safety
impact of OSH managements and Health management point and Health (DOSH) in Figure 1,
failure in their businesses. An old of view, this is what we call an most fatal accidents occur in the
supermarket building collapsed Occupational Safety and Health construction industry. This is due
during demolition activity in Petaling (OSH) accident. This type of to physical hazards involved in
Jaya on May 28, 2009, shocking the occupational accident can be construction activities. Different
public and professionals especially prevented if we understand and physical project progress will
engineers and safety and health implement a basic and systematic create different levels of risks.
practitioners. This was a unique
accident that caused six deaths.
The public and Government wonder
how this accident can occur when
the demolition activities have
already been approved by the
Local Council. What were the
safety aspects or risk assessments
before the approval? What were
the safety aspects and risk control
during the demolition? Are the
Local Council, project consultants
and project contractors taking
OSH management seriously during
the planning and execution of
demolition? Did the engineer study
the strength of the building when
they decided to use an excavator
to demolish the building from the
top? Did the engineer identify other
alternative methods and define the Figure 1 Statistics of Fatality Accident by sectors by DOSH
THE INGENIEUR 45
feature
Occupational Safety and Table 1: Summary of disciplines required when managing OSH at
Health Management workplace
Principles
Knowledge
Description
Most people would agree that Discipline
poor working environment and
unsafe acts may directly affect - It explains the properties or characteristics of
employees health and safety. different substances and ways they behave in
Chemistry and
Furthermore, most employers see different circumstances.
physics
the need to minimize the risk of - Examples: electricity, explosive and flammable
accidents and to protect ill-health materials, acid and caustic chemicals
effects among workers. However,
this is not easy to achieve in - This includes toxicology, hygiene and medicine
actual practice. People are aware - It explains living organisms composition and
of the cost implication when any processes.
Biological sciences
accident or disease occur at the - Examples: harmful organisms effect on human,
workplace. Both the direct and human body responses and reactions when under
indirect cost are significant. Some physical stress
of the direct costs are the medical
costs, repair or replacement of - It involves designing the risk controls, building
equipment, compensation cost constructions, mechanical processes
Engineering
for the victims family and others. - Examples: safe design for machineries and
Much higher indirect cost can affect buildings, fire protection system,
the company such as the loss of
- It explains human behaviour at workplace
productivity, supply chain effects,
delay in projects execution, damage Psychology - Examples: stress effects on the mind, individual or
to the companys image, legal group behaviour at the workplace
impacts etc. This is what we call
- It explains the behaviour of people in a group
in OSH management, the Icebergs
- Examples: management processes, work patterns,
Concept. Sociology
communication among humans and also in the
The main objective of OSH
organisations
management is to understand the
possible causes of accidents and - OSH laws or rules enforcement
other events at the workplace which Law - Examples: Employment Act, OSH Acts (OSHA),
harm the workers and damage
Factories and Machinery Act (FMA)
the properties. With growing
scientific knowledge, the political Ref: NEBOSH, International General Certificates Notes
and social concerns over OSH at
workplace has broadened, and the
effects of work have been studied damages can be minimized. The There are two management
extensively. The study is not just common direct incident impacts systems that are widely used in
on the one possible root cause but are summarized in Figure 2. Malaysia namely
also multiple possible root causes OSH management principles 1. Malaysian Standard MS1722:
(direct or indirect causes). Some of comprises three-pronged 2004 based on International
the knowledge disciplines which strategies: Labour Organisation Guidelines
are needed to manage OSH are 1. Safe place for employees to on Occupational Safety and Health
summarized in the Table 1. work Management Systems 2001(ILO-
Understanding the basic 2. Safe plant and equipment for OSH 2001)
Occupational Safety and Health employees to use 2. O c c u p a t i o n a l H e a l t h
Management (OSHM) principles 3. Safe system or management and Safety Assessment Series
is crucial to ensure that fatalities, system for the organisation or (OHSAS18001:2007) Standard
serious injuries and property project Management System
46 THE INGENIEUR
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Management Commitment
From the management team
perspective, any money required
and spent for companys activities
must have value added and return
to the organisation. But, from
OSH point of view, it is difficult to
quantify the real value in terms of
financial return. The main reason
is, OSH activities are indirectly
linked to project or manufacturing
operations. Management, however,
has a narrow and short-sighted view
on how to manage organisations
risk.
So, where do we begin? A
paradigm shift among the
shareholders and organisations top
Figure 2 Negative impacts due to incident at workplace. management is needed to ensure
the success of OSH management at
Th e b a s i c O S H f ra m e wo r k OHSAS18001:2007, all OSH the workplace. OSH management
management system based on hazards and risks can be managed must be a part of business strategies
OHSAS18001:2007 is summarized efficiently and effectively. This will especially in a competitive business
in Figure 3. By using OSH minimize any incidents related to environment. By allocating financial
m a n a g e m e n t s y s t e m s u ch a s OSH. support, manpower and commitment
THE INGENIEUR 47
feature
to OSH management, risk from and Management) Regulations to the CDM coordinator. The duties
accidents at workplace can be 2007 (CDM 2007) are the revised of CDM coordinator are to:
managed efficiently and effectively. form of Construction (Design Advise and assist client
The organisation will be surprised in and Management) Regulations Liaise with client, designers and
terms of workers productivity and 1994 (CDM 1994). CDM 2007 contractors
companys image when OSH issues was enacted on April 6, 2007 Notify project detail to Health
are tackled systematically. A sense with one year transition period Safety Executive
of responsibility and accountability (mandatory by April 2008). These Coordinate safety and health
from the top management on Safety regulations apply to all construction aspects of design work
and Health issues at the workplace works in Great Britain and its Identify, collect and pass on
will make the worker feel safe territorial waters. CDM 2007 is the pre-construction information
and cared for. The management combination of updated CDM 1994 Prepare and update Safety and
team must walk the talk on their and the Construction (Health, Safety Health File
commitment stated in the OSHs and Welfare) Regulations 1996 into
policy. Failure to deliver the OSH a single regulatory package. All In Australia, Construction Hazard
commitment from top to bottom those who work in the construction Assessment Implication Review
will make the workers lose respect industry have their part to look after (CHAIR) was developed in support
of the management and this, in safety and health and improving of Memorandum of Understanding
turn, can de-motivate them. the industrys safety and health between the New South Wales
Management commitment in records. The objectives of CDM Government and the contractors.
OSH includes complying with 2007 can be viewed in Figure 4. CHAIR is a tool developed to bring
OSH legal requirements. Some CDM 2007 consists of five parts together all the key stakeholders
of the Malaysians OSH laws are with an Approved Code of Practice involved in design to help identify
summarized in Table 2. (ACOP) that provides practical and eliminate or minimize inherent
guidance on complying duties. One risks in a structured and systematic
Design Safety of the main parts is an additional way. A facilitator is required to
duty where a project is notifiable. encourage workshop participation
Developed countries such as Notifiable is a construction project to constructively challenge the
Great Britain, United States of requring more than 30 days or 500 design and explore whether issues
America (USA) and Australia have person days. For notifiable projects, have been overlooked or not
already started a new proactive the client has to appoint a CDM sufficiently thought through. The
approach using design safety coordinator. The client and the facilitator should have the ability
method in managing OSH at the designers i.e. architects, engineers to keep the workshop on track
workplace. For example, in Great and quantity surveyors have to and moving along together with
Britain, the Construction (Design provide information of the project understanding of the principles
48 THE INGENIEUR
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Figure 4 The objectives of Construction Design Management Regulations On the other hand, our neighbour,
Singapore, introduced Guidelines
on Design for Safety in Buildings
of safety in construction and the CHAIR 2 focuses on and Structures 2008 (GUIDE). The
project. This will assist designers, construction and demolition objective of GUIDE is in line with
constructors, clients and other issues and is performed just Workplace Safety & Health Act
stakeholders to identify and prior to construction, when full (WSH Act) which aims to reduce
reduce construction, maintenance details are known risk from source. GUIDE is one of
and demolition risks associated C H A I R 3 - f o c u s e s o n the components to improve site
with design. CHAIR provides a maintenance and repair issues safety and assist key stakeholders
rigorous framework for a facilitated and is performed at the same on the process of design safety.
discussion on the risk. The risks are time as CHAIR 2 The safety and health information
then formally listed for action by will then be transferred along the
appropriate stakeholders. The aims Along with CHAIR, Code of construction process chain. This
of CHAIR are: Practice for safe design of buildings creates a framework which allows
To identify and eliminate or
minimize risks in a design as
soon as possible in the life of
a project
To involve key considerations
such as operability, aesthetics
and economics with elements
of safety
To implement measures to
improve the construction
industrys OSH and injury
management performance
THE INGENIEUR 49
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50 THE INGENIEUR
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Q
LASSIC is essentially expected to address several of the score which eventually could
an acronym for Quality predominant quality issues that attribute to improving quality in the
Assessment System In prevail in the construction realm. construction landscape. Currently
Construction. It is an assessment the application of QLASSIC is on
tool introduced by Construction OVERVIEW OF QLASSIC a voluntary basis and no fees are
Industry Development Board (CIDB) PERFORMANCE imposed by CIDB for the services.
somewhere in late 1990s in an effort
to develop a tool that can measure Based on CIDBs website i.e. ASSESSMENT STRUCTURE
objectively the quality performance e-QLASSIC since end of year 2006
of construction projects. This gave till at end year 2009, 163 projects One has to remember that
rise to the release of QLASSIC (Figure 1) have been assessed by QLASSIC is an independent
guideline. Eventually in year 2006 QLASSIC. The average QLASSIC method of measurement of the
this guideline was upgraded to score recorded is about 66%. workmanship of construction work
become construction industry The highest score is 85% and the based on an approved standard.
standard (CIS) referred as CIS 7: lowest score is 40%. From the total Currently the implementation
2006. Generally it is an adoption number of 163 projects, seven QLASSIC is benchmarked to CIS
of CONQUAS 21 which has been (4%) projects scored above 80%, 7:2006 which is meant for building
successfully practiced by Building 42 (25%) projects scored between construction work. Generally CIS
and Construction Authority (BCA), 71-75% and 43 (26%) projects 7: 2006 outlines the specifications
in Singapore. In fact, a similar scored at the range of 66-70%. of acceptable quality standards for
assessment tool is also practiced in These results indicate that it is assessing building works. Initially
Hong Kong known as Performance not easy to attain comparatively it would be advisable to have an
Assessment Scoring System (PASS) by high score. Therefore, construction insight pertaining to basic QLASSIC
the Hong Kong Housing Authority. stakeholders need to intensify their assessment structure. The first
The introduction of QLASSIC is effort in order to elevate the current level of assessment according to
No. of Projects
THE INGENIEUR 51
feature
CIS 7:2006 is categorizing the of building and also preference is architectural elements as exhibited
building construction works into given to aesthetic considerations. in Table 2. The contractors should
four categories as follows: Since the architectural work is take note that bonus weightage of
being allocated comparatively 3% will be awarded if the projects
Category A (landed housing) high weightage, generally QLASSIC plastering works apply skim coat
- detached, semi-detached, terrace scores signifies the quality of the or pre-packed plaster since the
and cluster house. finished construction works. usage of these products can lead
Category B (stratified housing) Next each of the components is to better finishing.
- flat, apartment, condominium, further subdivided into component During the assessment, the
service apartment and town elements which again are assessors will examine the works
house. allocated with different weightage. either by visual inspections or
Category C (public building) For instance the architectural physical measurements. Sample
- office building, school and other component is further divided into of assessment criteria is shown in
related facilities or building Table 3. Upon completion
intended for public use. of the assessment, the
Table 2: Sample of weightage distribution of
Category D (special assessors will calculate
component elements - architect
public building) - hospital the required score.
and airport only. Initially, the sum is the
score of the component
Then under each of elements which will
these categories, it is broken become the score for each
down into four components component. Finally the
i.e. structural, architectural, summation scores of all
M & E and external work. the building components
Each of these components will derive QLASSIC
is assigned a weightage score. In this regard,
wh i ch d i f f e r f r o m o n e the score indicates the
category to another, as level of compliance of
shown in Table 1. Among the inspected items to
these building components, the quality standards
notice that architectural as stipulated in CIS 7:
work is allocated with 2 0 0 6 . Fo r e x a m p l e i f
a comparatively high the score is 80%, simply
weightage. Generally these denotes that 80% of the
weightage are allocated total number of inspected
according to the distribution items by the assessors at
between the cost proportions the time of inspection
of the four components comply with CIS 7: 2006
in the various categories (Source: CIS 7: 2006) quality requirements.
52 THE INGENIEUR
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Random Sampling
The details on the CIS 7:2006 the normal contractual drawings The execution of QLASSIC
assessment is explicitly explained and specifications. As such it is not on a given project is based on
in the QLASSIC Awareness Course. intended to be used independently random samplings. The inspections
The latter was developed by CIDB as working specifications. Another by the QLASSIC assessors are
together with the representatives salient point to note is that QLASSIC on the predetermined sampling
from industry. This one-day course excludes works such as piling, locations calculated using an
has been awarded eight CCD foundation and sub-structure works acceptable statistical method. The
points for contractors. Therefore which are heavily equipment- same approach is also capitalized
it is highly recommended for based. In short the fundamental in CONQUAS, Singapore.
project stakeholders i.e. developers, of QLASSIC assessment can be
consultants, main contractors, sub- summarized as shown in Figure 2. Commencement of Assessment
contractors etc to subscribe to this As mentioned above, QLASSIC
training module. The list of CIDBs ASSESSMENT APPROACH assessment is broken down into
registered trainers is displayed in four components. For structural and
Table 4. Th e a p p r o a c h a d o p t e d i n M & E components the assessments
It is imperative to note that executing QLASSIC assessment is are done during the construction
QLASSIC is intended to complement as follows: process. For architectural and
THE INGENIEUR 53
feature
m a n a g e m e n t s y s t e m . Th i r d l y,
analysis of data on QLASSIC
scores especially the scoring of
their components elements can
continuously improve project
quality. Indeed the latter can
assist the contractors to prioritize
their area of improvement. For ISO
9001:2008 certified contractors,
this activity is in line with clause
8.4. Furthermore QLASSIC can be
integrated into ISO 9001:2008.
CONCLUSION
QLASSIC which was
introduced in late 1990s is
essentially an assessment tool to
Figure 2: Fundamental of QLASSIC assessment structure
measure objectively the quality
performance of construction
external works components, the will benefit the end user or rather projects. It was developed via
assessments are carried out after the customer. A project with a adaptation from CONQUAS
the practical completion of the said comparatively high score deems which was widely used by BCA
projects. Thus for engineering works to indicate less defects which in Singapore. Generally the
the assessors have to make several would definitely delight the end assessment structure starts with
site visits according to the stages user. QLASSIC can also benefit the categorizing the building projects
of work progress and take relatively consultant in area of improving into four categories. Later each
longer time to produce results. their supervisory works. If the building category is further divided
In view of this scenario, CIDB is score is comparatively low, it into four components namely
currently focusing assessment on also reflects the poor supervision structural, architectural, M & E
architectural works, external works by the consultant. Besides that and external work. The summation
and basic M & E fittings. QLASSIC can generate remarkable of the marks from the components
benefits to the client or developer. will derive QLASSIC score. The
One Time Assessment Firstly it can become a quality approach adopted is by third party
This simply means that there performance indicator to market assessment. Currently the average
is no re-assessment. The standard their products. Secondly they QLASSIC score is 66%. QLASSIC
i.e. CIS 7:2006 does not allow for can use the score as one of the can generate several benefits
second chance of assessment on the criteria in selecting their capable to industry players. Finally the
same project if the score happens contractors. implementation of QLASSIC can
to be considerably low. This is C o n t ra c t o r s c a n a l s o r e a p promote and propagate quality in
to encourage the applicants to benefits. Firstly by consistently the construction industry. BEM
seriously prepare for the assessment. achieving relatively high QLASSIC
The project team must ensure all score for their projects, it can
making good defects are done boost confidence on their
satisfactorily. Moreover this is to a b i l i t y t o d e l iv e r d i s t i n c t iv e REFERENCES
inculcate work culture of do it right quality works. Hence it can
the first time and every time. lead to market expansion as CIDB (2006), Quality Assessment
well as establishing long term System for Building Construction
BENEFITS OF QLASSIC business relationships with the Work, CIS 7: 2006
clients. Secondly, it strengthens
QLASSIC can derive a number the QA/QC departments in www.cidb.gov.my
benefits to industry. Obviously it managing the established quality
54 THE INGENIEUR
engineering nostalgia
Welcoming a new
teacher to a school
in Sabak Bernam
coconut estate -
1958
Photo by: Mr Lau Eng (Bekok, Johor)
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Inside Back Cover RM2,500 ROB Half Page (vertical) RM750
Inside Front Cover RM2,800 ROB Half Page (horizontal) RM750
Facing Inside Front Cover RM2,700 ROB Quarter Page RM500
Centre Spread RM3,300
ROB Full Page RM2,000 Publication 16th March
ROB Half Page (vertical) RM1,100 Dates 16th June
ROB Half Page (horizontal) RM1,100 16th September
ROB Quarter Page RM750 16th December
Artwork Charges:
Signature : _______________________ Typesetting, artwork and pdf conversion or
any other requested assistance by advertisers
will be charged separately at trade rates.
Send/Mail/Fax this form to: Publication Department, Board of Engineers Malaysia, The positioning of the advertisements, unless
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50580 Kuala Lumpur specified will be at the discretion of BEM.
Tel: 03-2698 0590 Fax: 03-2692 5017 E-mail: bem1@streamyx.com Cancellation will not be entertained.