Practices/ ADVOCACY : Implementation and enforcement of UD
by kuala lumpur city hall, (KLCH) malaysia
CH’NG GAIK BEE @ DALILAH BEE ABDULLAH
ARCHITECT
INNOVATION AND BUILDING STANDARD UNIT,
URBAN AND BUILDING DESIGN DEPARTMENT
Kuala Lumpur City Hall, Malaysia
27th FLOOR, Menara DBKL 3, Jalan Raja Abdullah, 50350 Kuala Lumpur , Malaysia)
Tel: 603-2617 6593 Fax: 603 2698 3869
Email: Cell: 019- 3298169
1. INTRODUCTION
Malaysia is experiencing a prevalent rise in the number of persons with disability each year. This is due to several reasons such as ageing populations which purport the higher risk of disability in older people, increase in chronic health conditions such as diabetes, cardiovascular disease, cancer and mental health disorders as well as road accidents. According to a study made by the Department of Statistics Malaysia the elderly population will increase to 3.4 million by the year 2020, the rise which equals to 4.8% of the increased of the population. The above scenario had driven concerns among various stakeholders that resulted in extra attention being given and more extensive program being planned and carried out by governmental and non-governmental agencies concerned.
Kuala Lumpur, the capital city of Malaysia has its elderly residence aged 65 years and above of only 4% from its total population of 2.2 million. The population of its Persons with Disability who are registered with Social Welfare Department Malaysia by the year 2011 constituted of 22,000 which equals to 1.13% of the total population (compare with 331,606 in Malaysia). Although the number seem negligible but plans and programs were underway in ensuring that the city is accessible to them and that they could reach to places such as public buildings and spaces as what had been laid out in “The Draft KL City Plan 2020 - Planning with and for the People”. This has been well planned so as to allow them to lead a socially inclusive and progressive life.
2.0 PROBLEM STATEMENT AND ISSUES PERTAINING TO PERSONS WITH DISABILITIES.
Kuala Lumpur City Hall (KLCH) is working towards making our city of Kuala Lumpur a barrier-free city for all and especially for those with special needs or disabilities. One of the strategies under the Persons with Disabilities Policy is to ensure the provisions of barrier-free environment which includes facilities inside and outside buildings, workplaces, residential areas, public spaces as well as public transportation.
KLCH is responsible in monitoring various stages of development in the city. There exist in each stage some loopholes in guaranteeing that the facilities for the Persons With Disabilities are provided and are built according to the specification as spelled out in Malaysian Standards for Disabled Person.The three main stages of development are Designing & Planning Stage, Implementation or Construction Stage and Monitoring & Enforcement Stage.
2.1 Designing & Planning Stage
2.1.1 Lack of expert knowledge in Universal Design
There appear some scarcities in expert knowledge among the Principal Submitting Persons (PSP) on application of universal design when submitting for development approval. This occur at several different context of development control process such as when building owner is issued with notice to renovate his building or when submitting for renovation approval or when submitting for approval to refurbish and adaptively re-use of buildings. Each submission will only be granted with approval upon compliance with guidelines stipulated by the local authority and standards relating to clause 34A of Uniform Building By Law 1984.
This lack of expert knowledge is relatively obvious when the PSP does not have an acceptable understanding of universal design and thus fail to specify the facilities for the Persons With Disabilities or specify them wrongly in terms locations, sizes etc.
2.1.2 Checking drawings in a very basic way
Presently, checking drawings by local authority are often done in a less thorough manner. A simple checklist is being used as reference when checking the plans. The hasty situation is due to the regulation set forth by KLCH whereby all submission for development approval must be processed within 7 days. As a result the number of days left to spend on checking drawings is only 3 days. This had resulted in the lack of attention being given in assuring whether accessibility features are being incorporated in the design.
2.1.3 More responsibilities for Principal Submitting Person (PSP)
In the year 2007, Malaysian Government had initiated a drastic change in the development control process. The Certificate of Fitness for Occupation (CFO) which was previously used to entrust on completed projects had now been changed to the Certificate of Completion and Compliance (CCC). In so doing the power of deciding the fitness and completeness of a building is no longer the responsibility of the local authority but the Principal Submitting Person (PSP) who are comprised of Professional Architect, Professional Engineer or a Registered Building Draughtsman (ACEM, 2007; PAM, 2007).
2.1.4 Poor Coordination Among Utility Agencies
The development control process has that different utility agencies such as those related to electricity, water and gas supply, sewerage, telecommunication and fire escape procedure be involved in administering all projects accordingly prior to the issuance of development order, building plan or CCC approval. However, poor coordination as well as lack of expert knowledge among the agencies is found to also contribute to the poor provision of facilities for the PWDs.
2.2 Implementation Stage
Upon obtaining the design and building plan development approval from an authority, a project is then permitted to be constructed. This construction period of a project experience another predicament of building or installing the facilities of PWDs. This is again due to the lack of understanding of the principal of Universal Design and an unfamiliarity of the details and the specifications of the facilities.
2.3 Monitoring and Enforcement Stage
Monitoring and enforcement period takes place after the construction is completed and when the building is in used. Several mishaps have been identified at this stage relating to either abusive of facilities, vandalism, poor maintenance or barriers posted by utility devices. These detrimental are emanated from the absence of public awareness on the PWDs facilities.
3.0 OBJECTIVE
In 2002 Malaysia had made a commitment to achieve a minimum of 75% of an inclusive, barrier-free and rights-based society for persons with disabilities by the year 2012 by referring to Biwako Millennium Framework For Action Towards An Inclusive Barrier-Free And Rights-Based Society For Persons With Disabilities In Asia And Pacific. Subsequently Kuala Lumpur City Hall had initiated plans as means of achieving the vision by identifying effective ways of making accessibility a mandatory in any type of development. This is done by enforcing laws, regulations, acts or by developing effective policies and way of carrying out the enforcement.
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4.0 PROCESS AND MECHANISM
As a local authority, Kuala Lumpur City Hall (KLCH) has role to play in executing the existing legislation and policies as mechanisms in creating a “Barrier Free City of Kuala Lumpur”. The role is carried out by departments concerned to ascertain that all development conform to requirement of standards or act associated with Persons With Disabilities such as the Malaysian Standards, Uniform Building By Law and Persons With Disability Act 2008. Kuala Lumpur Structure Plan 2020 which was developed in the year 2000 had put forward the need to make the city a barrier free, safe and accessible for disabled people.
Consequently, KLCH in administering the development of barrier free built environment has taken proactive measures in providing comprehensive steps right from the designing and planning stage until completion as shown in the flow chart below.
All development is administered through 3 main processes which are related closely to 3 main approvals. During the designing process a development needs to obtain Development Order Approval before it could further proceed to submitting detailed building plan. Upon approval of a building plan, a permit for erection of building will be granted which will then denote the starting of a construction process. Throughout the construction process the PSP has to obtain endorsement from all other agencies and utility departments in order to justify the completion of the construction prior to the issuance of Certificate of Practical Completion and then the issuance of Certificate of Completion and Compliance (CCC) which takes place during the post-construction process.
4.1 Design Process
When designing a development, certain requirements must be abided before it is justified for initial approval or Development Order Approval and before the development is allowed to be constructed. Prior to that a PSP can obtain information on how to integrate the facilities for PWDs in their designs either by checking through the related website or having direct enquiries from the specific unit in-charged called Innovation and Building Standard Unit, KLCH.
This stage necessitates the compliance be made on the accounts pertaining to legislation as listed below.
• Town and Country Planning Act 1976 (Act 172) including amended act 1995 (Act A 933)
• Federal Territory (Planning) Act 1982 (Act 267)
• Street, Drainage and Building Act,1974 (Akta133)
• Uniform building By- Law, 1984
• Guideline of “Building Requirement for Disable” by Local Government Department, 1999
• Building Requirement for Disable by JPBD, 2000.
• Malaysia Standard 1184;1990 (MS 1184)
(Code of Practice for Access for Disabled Persons to Public Building)
• Malaysia Standard 1331;1993 (MS 1331)
(Code of Practice for Access for Disabled Persons to Outside Building)
• Malaysia Standard 1183;1991 (MS 1183)
(Code of Practice for Mean of Escape for Disabled Persons to Public Building)
• Designing a Barrier Free City, Interim report of Kuala Lumpur Local Plan
• Persons With Disabilities Act 2008
Apart from the above, PSP could make reference on several matters that could assist them in their design pertaining to requirements for PWDs such as:
· the principle of Universal Design
· the requirement of Access Statement
· signatory of agreement
· all about access audit and ways of conducting it
· related guidelines and checklists
· awareness programs and workshop
· pilot projects of KLCH
· report on dialogues with PWDs and other agencies
· Manual for Submission under One Stop Center (OSC)
Upon obtaining the Development Order Approval, the PSP will then proceed to submit the detailed drawing of the project abiding all conditions listed in the Development Order so as to be granted with the Permission on Erection of Building (KMB). One of the conditions is that the PSP must ascertain that the development comply to MS 1184, 1183 and 1331. The PSP is also required to sign an agreement which among all stated that “…I certify that all the need of PWDs to be constructed/provided are compliance with Malaysian Standard 1183, 1184 and Disability Act 2008. I accept full responsibility accordingly…” If aberration is found to occur in the agreement, then the Commissioner will have to take appropriate action either to impose fines or to revoke the approval.
After acquiring the permit and before construction begins, the PSP is then compelled to submit the Access Statement, whereby all facilities for PWDs are being described in detail in the form of words, plans and diagrams.
4.2 Construction Process
During the construction period, the site will be inspected by KLCH’s panel of access auditors. The checklist for the inspection is referred to the recently launched Manual for Universal Design Facilitator as well the description detailed by PSP in the Access Statement Form submitted. Any discrepancies discovered when executing access auditing, a ‘stop work’ order would be issued to the contractor in charged. The inspection or access audition could be more than once depending on the need and the size of a project or development.
4.3 Post-Construction Process
Similarly, the post-construction period is also regarding monitoring as well as carrying out enforcement. Upon completion of a construction, a project is once again inspected by access auditors as in construction period. A certificate of compliance to disabled requirement is proposed to be issued to the contractor/developer/PSP following positive recommendation from the access auditors. In contrary, the contractor will be instructed to build new or upgrade existing facilities as reported by the access auditors.
City Hall has established a special unit to focus on the requirements of disabled & Standards Building Innovation Unit (UIPB) in the Department of Town & Building Design (JRBB) in May 2010. Ensuring the implementation of laws relating to disabled. All implementing departments in the KLCH shall always application of Universal design approach to implement all developments in Kuala Lumpur, Pilot projects are introduced as benchmark and references, Access audits for existing and new developments and Access Consultants (professionals/training)
This unit as the secretariat to advice and planning in KLCH; to liase, monitor and coordinates all infrastructure and utility providers in terms of planning, implementation and maintenance on facilities for PWD
• To conduct workshop and training TOT -Training to provide a better skills at understanding the built-environment issues and manual for Access Audits the facilities for the PWDs
• Public awareness programmes
• To liason with PWDs to be involved in the planning and access audit
• Monitoring and liason with others govt agencies and utilities authorities and NGO
4.4 Innovation and Building Standard Unit
In May 2010, a special unit was created to focus on making the city of Kuala Lumpur accessible to PWDs as well as to look into aspects of sustainable development. The unit known as Innovation and Building Standard Unit was formed under the Urban and Building Design Department. In order to achieve the target, several measures were programmed and executed. Among the important actions taken by the unit is to produce guidelines, checklist and manuals related to universal design, details and specifications of the facilities, designing accessible walkways and methods of access auditing to name a few. The unit is also continuingly running in-house related courses and workshops especially to the implementing departments of KLCH and also received participants from other local authorities from other districts. The workshop intended to expose the participants to the existing law related to the rights and requirements of the disabled and way of checking plans by referring to standard checklist focusing on disabled facilities. In the future, the workshop will be extended to the professionals such as those who are involved with built environment which include architects, engineers, contractors and developers.