2 structures collapse due to incompetent engineers and irresponsible officer of MPPP

Three slammed over finwall tragedy

GEORGE TOWN: An incompetent engineer, a irresponsible one and a neglectful senior civil servant have come under fire in the report on the collapse of the finwall from the top of the 21-storey Menara Umno building in Jalan Macalister here.

A car driver and a lorry attendant died in the incident on June 13, 2013. Several vehicles and property were damaged. The body of the motorist was never been recovered.

The Commission of Enquiry, headed by Datuk Yeo Yang Poh, recommended that the Board of Engineers take action against finwall design engineer Lee Ah Yew and Dr Gerry Wong Kong Ming who signed and submitted the engineering drawings to the then Penang Municipal Council.

The report stated that (the then) North-East district officer Azizi Zakaria ought to have played a central role as the person in charge of emergency responses under ‘Arahan 20’, but had totally ignored and abandoned his duties.

It said Azizi was unfit to hold his post and “should have the honour of resigning, failing which he should be removed from office.”

Chief Minister Lim Guan Eng distributed copies of the 312-page “Report of The Commission of Enquiry into the Failure of Two Civil Structures in the State of Penang” to pressmen yesterday.

The report also details investigations into the ramp collapse at the Batu Maung Interchange of the second Penang bridge on June 6, 2013.

On the Menara Umno building, the report said the collapse of the finwall was due to “grossly inadequate design.”

The finwall, which was called “a lightning arrester” by the media, is a reinforced-concrete structure weighing about 200 tonnes.

“The engineer Lee has no experience in designing a slender cantilever column on top of a tall building.

“He committed multiple serious errors when designing the structure,” it said.

On Dr Wong, the report said that he signed and submitted the engineering drawings to the council without checking.

“As such, the errors and inadequacies in the design of the finwall are deemed to be his; for which he must bear equal responsibility.”

The report said Azizi’s dereliction of duty was “so complete that it is difficult to imagine anyone who could have done worse”.

“His lack of remorse or contrition when he testified before the Commission and his unabashed downplay of his total neglect of duty are very disturbing,” it said.

Lee and Dr Wong could not be reached for comments. It is learnt that Azizi has retired.

BY K. SUTHAKAR and CHRISTOPHER TAN The Star/Asia News Network

Inquiry into 2013 mishap at Menara Umno in Jalan Macalister blames engineers

GEORGE TOWN: The Commission of Inquiry into the failures of two civil structures in Penang has come down hard on the engineer who designed the fin wall atop the 21st storey of Menara Umno in Jalan Macalister.

The engineer, Lee Ah Yew, was "grossly incompetent and grossly negligent" and had committed multiple serious errors, which resulted in the reinforced-concrete structure weighing about 200 tonnes collapsing on June 13, 2013.

In its report, the three-member commission headed by Datuk Yeo Yang Poh said Monday that Lee, who designed the fin wall in 1995, was then a graduate engineer with no experience in designing a "slender" cantilever column on top of a tall building.

The commission has recommended that the Board of Engineers (BEM) initiate disciplinary action against Lee.

It said the board should also take disciplinary action against Dr Gerry Wong Kong Ming, the submitting engineer who signed and submitted the engineering drawings to the local planning authorities.

"As such, the errors and inadequacies in the design of the fin wall are deemed to be his; for which he must bear equal responsibility, though he signed them without checking," it said.

The commission rapped the North-East district officer Azizi Zakaria for abandoning his duties as the person in-charge of emergency responses under Arahan 20.

"His dereliction of duty was so complete and that it is difficult to imagine anyone who could have done worse.

"Encik Azizi's lack of remorse and contrition when he testified before the commission and his unabashed downplay of his total neglect of duty, are very much disturbing,” the report stated.

In the incident, the fin wall collapsed and hit a passing car and buried it (together with its driver) beneath the ground. A lorry attendant nearby was also killed. Several vehicles and properties were damaged.

The commission also submitted its findings into the ramp which collapsed on June 6, 2013 at the Batu Maung interchange leading to the second Penang Bridge.

BY K. SUTHAKAR/ The Star/Asia News Network

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Harness STEM for engineering

DATUK IR. LIM CHOW HOCK President The Institution of Engineers, Malaysia

AS Malaysia gears up to developed nation status by 2020, there is still much to do to get there.

One of the most direct ways to arrive at the vision is to ensure a sufficient and growing number of engineers.

Increase in the number of engineering students is paramount to meet the nation’s need for engineers who would implement and maintain the many economic development projects.

During his visit to the International Bureau of Education (IBE) in Geneva in April, Deputy Prime Minister Tan Sri Muhyiddin Yassin spoke of the need for Malaysia to harness skills and knowledge in Science, Technology, Engineering and Mathematics (STEM).

Muhyiddin also pointed out that the countries which started on the same level as Malaysia had moved much further ahead, crediting it to their wisdom in making full use of STEM to boost their country’s fortunes.

As such, he emphasised the need for human capital development in STEM, which he considers vital in the national transformation process.

To achieve this, a strategy comprising a series of actionable plans must be able to support the production rates needed for generating skilled STEM human capital at two levels, namely secondary schools and tertiary institutions, to reach the target of 500,000 STEM graduates by 2020, according to Muhyiddin.

Although the solution is apparent, its execution remains challenging.

One of the factors hindering this step to greater national development is getting students to love science, or science classes. Science and mathematics as school subjects must be made interesting, easy to understand, as well as more hands-on and exploratory. This is in line with the Government’s aim for 60% science and technology-based education by 2020.

For the engineering profession, interest in science, technology, engineering and mathematics in school will result in more qualified students who are eligible to pursue engineering courses in universities.

Through the increase in engineering students, the nation’s need for engineers would be met. This would translate into greater implementation and maintenance of the country’s economic development projects.

The Institution of Engineers Malaysia (IEM) lauds the Government’s effort to promote interest among students to study science in schools.

Without the large number of science students, there will surely be a corresponding limitation in the ability of universities to produce the number of engineers needed.

As a national association with the nation’s interests at heart, IEM has been actively involved in conducting school career awareness talks, arranging competitions and exhibiting interesting projects on engineering to school children to promote interest in engineering. IEM has also set up IEM Student to encourage students to choose sections in various universities in Malaysia.

Engineering students are also encouraged to join IEM as Student Members which will enable them to access IEM resources and activities such as talks and networking. IEM is one of the supporting members (together with AAET, MiGHT, Utar and NSC) for the Kuala Lumpur Engineering Science Fair, an annual programme to promote interest in STEM among primary and secondary school pupils.

We believe that career prospects will be a major factor in the students’ decision in their studies and career options.

Prospects for engineers include top level positions, attractive remuneration as well as status recognition, which will be a great motivation for students to take up STEM Education and thus pursue a career in engineering.

Students must be made aware that job prospects for engineering graduates remain bright as Government allocation for infrastructure development has supported the demand for engineers.

National development towards an industrial nation has also spurred the demand for engineers.

Students, and parents too, must realise that a career in engineering is not only limited to the five traditional branches of engineering, namely Civil, Mechanical, Electrical, Electronic and Chemical Engineering. Through the years, engineering has expanded into many new disciplines such as Aeronautical Engineering, Environmental Engineering, Maritime Engineering, Mining Engineering, Oil and Gas Engineering, among many others, which would be exciting career options for students.

The Government being the largest employer should provide equal opportunity and create a structured pathway for all science-based professionals, in particular engineers, to take up high positions in the civil service.

Recognition of the contribution of engineering success and seeing it as a pathway to top positions in the civil service will be a great motivator for students to pursue STEM education in Malaysia.


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Getting titles right in the engineering field in Malaysia

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However, in 2009, IEM further amended the constitution to allow only graduate members and corporate members, who are not professional engineers, to use the title “Engr” before their names. This will ... In so far as the approving authorities are concerned, the title “Engr” does not pose any confusion because all submission of plans need to have the stamp of a professional engineer (P.Eng.) with the title “Ir” as required by the Board of Engineers Malaysia (BEM).

 

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Fighting corruption must be serious !

We must separate the roles of the Attorney-General as legal advisor to the Government and Public Prosecutor who prosecutes cases in court.

IT has become fashionable for critics to express dissatisfaction every time the Auditor-General presents his report to Parliament. So when the second report this year was tabled on June 15, the reaction was generally expected.

But the reaction from Public Accounts Committee (PAC) Chairman Datuk Nur Jazlan Mohamed is particularly important. Nur Jazlan, who is also Ideas’ Council member this time, says that he is disappointed with the performance of many Government agencies because they have failed to improve.

He also said that not long ago he praised Government officials for showing improvements every time the Auditor-General’s report is published. But he felt compelled to retract that praise because this time it was particularly bad.

He went on to say that many of the problems originate from the attitude of civil servants. Apparently the quality of our civil servants has deteriorated, and they don’t even bother to read the rules.

When the PAC Chairman makes such a bold statement, you know that there is something really wrong in the way civil servants manage our money. It is ironic that the Prime Minister recently announced a bonus for our civil servants despite such abysmal indictment.

Under Nur Jazlan, the PAC has been doing a much better job in identifying weaknesses in Government machinery and in demanding accountability. In fact, thanks to the PAC, the public now knows about the risk posed by Pembinaan PFI Sdn Bhd, a Government-linked company that has one of the biggest liabilities among Malaysia’s GLCs. The company has been off the audit radar for almost 10 years, despite the large amount of debt that it has accumulated.

The work of bodies like the PAC is important in our push for better governance in the country. The issues the PAC looks into are not necessarily about corruption.

Their responsibility is wider, covering also problems such as leakages and failure to adhere to published policies and procedures.

Fighting corruption, on the other hand, is more commonly associated with the Malaysian Anti-Corruption Commission (MACC). I am still waiting to see if the MACC would act on a recent admission by Home Minister Datuk Seri Ahmad Zahid Hamidi that a Special Branch report found that around 80% of our border enforcement officers are involved in corruption.

Nevertheless, I am very aware that even if the MACC were to start an investigation, that is only half of the journey. The other half lies outside of the MACC’s jurisdiction, and that is the prosecution of corruption cases.

Our system is designed in such a way that the MACC, just like the police, can only investigate and not prosecute. Prosecution is the sole discretion of the Attorney-General, who doubles up as our Public Prosecutor.

I have no problem with the MACC not having the power to prosecute. In fact, I think it is right to keep prosecutorial powers away from the investigation agency. Back in 2012, we at Ideas looked into this issue and compared the experience of Indonesia and Hong Kong in fighting corruption.

We published the findings in July 2012 and concluded that it really does not matter whether or not the MACC has prosecution power. Instead, what is most important is the integrity of the judiciary and the Attorney-General’s office.

Any effort to improve the quality of MACC, therefore, will have to be accompanied by reform in both the judiciary and the Attorney-General’s Office. Focusing on the MACC alone is not sufficient.

If we want to see a more effective fight against corruption we must separate the roles of the Attorney-General as legal advisor to the Government and Public Prosecutor who prosecutes cases in court.

Let me justify that with a simple analogy using the case of the allegedly corrupt border enforcement officers.

Let’s say the MACC do investigate the allegation and find that the problem runs all the way up to Ministerial level.

The MACC then passes the files to the Attorney-General. How much confidence do we have that the Attorney-General will prosecute his friends in Cabinet?

It is obvious that as legal advisor to the Government, he is conflicted. How can he prosecute the very party he is supposed to advise?

There are actually many more proposals to improve the MACC that deserve public attention. If you are interested in this topic, I suggest you search for reports published by the Special Committee on Corruption now chaired by Tan Sri Abu Zahar Ujang. This bipartisan committee, whose membership consists of members of the Dewan Rakyat and Dewan Negara, regularly comes up with some very good ideas.

One of those ideas is for the MACC to be given independence in recruiting their own officers. This suggestion has been mooted since 2010 and it makes a lot of sense. To be truly independent, MACC cannot continue to be dependent on seconded staff from the Public Service Commission, because this creates a conflict of loyalty.

But unfortunately, this idea has not received the attention that it deserves from the Government. There are times when I ask myself if our Ministers are really serious in the fight against corruption. For if they are really serious, why are they ignoring sensible ideas coming from a committee whose membership is from among their own colleagues?

Don’t they realise that the longer they choose to do nothing, the more people will feel that they have things to hide?


By Wan Saiful Wan Jan, thinking liberally The Star

Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs (www.ideas.org.my). The views expressed here are entirely the writer’s own.

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Getting titles right in the engineering field in Malaysia

RECENTLY, the Institution of Engineers Malaysia (IEM) received an enquiry on the usage of the title “Engr.” for members of the institution.

http://www.myiem.org.my/default.aspx?redirect=oldsite

The title “Ir” was first introduced by IEM in the early 1970s for both the graduate and corporate members of the Institution. The amendment to the Registration of Engineers Act in 1987 provided for the use of the title “Ir” to registered professional engineers only.

With this development, IEM had to amend its constitution to disallow the use of the said title. Hence, the title “Ir” which once signified the membership of the Institution was taken away.

Since then, IEM has strongly felt that there was a need to provide an identity for the members of the Institution. Many suggestions and calls were made for the institution to look into the issue of a suitable title for its graduate and corporate members who are qualified engineers with accredited and recognised engineering degrees.

Therefore in 2006, the use of the pre-nominal “Engr” for the graduate and corporate members was introduced with the aim of not only giving due recognition and honour to the engineers, but also encouraging the younger generation to take up engineering.

However, in 2009, IEM further amended the constitution to allow only graduate members and corporate members, who are not professional engineers, to use the title “Engr” before their names. This will clearly distinguish between the title “Ir” for professional engineers and “Engr” for IEM members who are not professional engineers.

Moreover, the usage of the title “Engr” shall be used in conjunction with the post-nominal of “FIEM”, “MIEM” or “Grad IEM”, whichever is appropriate. As such, the use of pre-nominal “Engr” shall not be construed to imply that the person is a professional engineer.

With the progress of society and the Government’s aspiration for Malaysia to achieve the status of a developed nation by 2020, IEM shall always support the Government’s vision to produce more qualified engineers who will play a very important role in nation-building.

IEM graduate members can use the title “Engr” with pride and confidence as their degrees have been vetted and recognised by the Institution.

The admission as graduate members of IEM is only accorded to the holders of engineering degrees accredited under the Washington Accord. In so far as the approving authorities are concerned, the title “Engr” does not pose any confusion because all submission of plans need to have the stamp of a professional engineer (P.Eng.) with the title “Ir” as required by the Board of Engineers Malaysia (BEM).

http://www.bem.org.my/v3/index.html

“Engr” is now a title where members of the institution who are not professional engineers can be addressed.

This will give high recognition and honour to the engineers and promote the growth of the engineering profession for the progress of the nation.

Currently, there are more than 10,500 members of IEM who are entitled to use the title “Engr”

By IR YAM TEONG SIAN Secretary Institution of Engineers, Malaysia

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Report on collapses ready 

THE open investigation into two civil structures that collapsed in June 2013 has been completed and the report submitted to the Penang government, said Chief Minister Lim Guan Eng.

 
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Reponsible housing developers' traits and qualiies expected

Traits of a responsible housing developer

KNOCK, knock! Any “good” housing developers out there?

I am reluctant to use the words “good developers” as the words are not in my vocabulary. However, there are responsible ones and more are joining this category.

The qualities of a responsible developer are to be emulated, if you can find them.

The housing industry has come a long way since the advent of large-scale housing development in the late 50s and early 60s. The players in those times were bona fide entrepreneurs. Most probably, conscience ruled and pride in workmanship, timely delivery of quality and affordable houses were their hallmarks.

The present delivery system of “sell-then-build” through progressive payments is fraught with risks for the unsuspecting house buyers. These second generation housing developers, “good” or bad, are used to the lucrative profits from the housing industry. This is so because the post-independence period has been a period of high population and economic growth. Hence, the demand for housing is ever increasing. In a sellers’ market, the buyers are always at a disadvantage. When greed is inversely proportionate to conscience among industry players, the situation can get very bad indeed.

We often hear of developers lamenting about the shortage of workers (legal or illegal, skill or inexperienced), shortage of building materials, complying with new laws or regulations that made it hard for them to complete their projects on time. At the same time, we also hear of projects making multi-million ringgit in profits for the developers and we do not see or hear news of housing developers retiring or quitting the business entirely.

This would mean that the housing development is still a lucrative business. In fact, more rookie developers are joining the arena because the sell-then-build system allows them to make money from people’s money.

It has become a ‘riskless venture’ where profits are guaranteed, and in the worst scenario, the government will mop up the abandoned housing project, befitting the adage: Profit Privatised, Losses Nationalised’

Enough of the bad ones, we at HBA do keep our ears opened for the qualities of responsible developers to be emulated. In the first place, how do buyers judge if their developers have been responsible? The construction industry is a unique field. It is one of a few professions where no formal education is required.

There is no formal award giving ceremony by buyers to tell the world their developers have been ‘good’ and responsible.

There are also some other things the responsible developers do that prove they have a passion for their profession. Here are some of the traits practised by responsible developers.

Attention to environment and existing neighbourhood

Responsible developers do not just depend on their buyers to pass the word around about their reputation. No new project is an island. There are existing neighbouring projects, trees etc. A responsible developer ensures the existing neighbourhood is not disturbed by their new development.

If there are complaints, such as cracks, a landslide and floods that the new construction is causing to the existing neighbours, they are quickly attended to. They also ensure that the existing roads are kept clean regularly from construction activities.

Amenities, facilitiesand infrastructure

Developers who provide adequate amenities and facilities like playgrounds, schools, markets, community halls and even police booths are not only fulfilling the obligations imposed by the local council but also their social responsibilities to society. These developers are commendable as good corporate citizens. It enhances their image too. There are also developers who invest and build infrastructure first prior to selling their houses.

Takes pride in quality and timely rectification

Whether low-cost or high-cost houses, chasing the developer to rectify shocking defects, bad workmanship is a nightmare to buyers who lose out while waiting for repair works.

Responsible developers do their own quality checks before handing over their products. Caring developers do practise the following before handing over their products:

• Adopt quality checks at all stages of construction, test and commissioned utility supplies;
• Clear and clean individual units and construction site of debris;
• Ensuring the Certificate of Compliance and Completion (CCC) is obtained with the handover of units;
• Retain a team of competent workers to do rectification promptly if there are complaints on defects.
• Keeping sufficient stock of products like floor tiles of the same quality and make.
Some developers even extend the mandatory defects liability period of 24 months. We have also heard of developers providing alternative lodgings for their buyers while waiting for defects to be corrected.

Timely delivery

Time is the essence of the contract of sale and purchase. Houses should be delivered within the time stipulated in the sale and purchase agreement ie within 24 months for ‘land and building’ and 36 months for ‘building intended for subdivision’. If, for whatever reason, there are delays, compensation should be paid immediately to buyers without second thoughts or finding devious ways to ‘short-change’ the buyers.

Responsible developers keep their buyers informed of delays and tell them of the next expected delivery date. Some buyers even told us of the extras they have received at delivery time, which surely endear them to the developers. These are some of the ‘welcome packs’ that they have received: useful gifts like a key box; warranties from paint companies, auto-gates, pest control, electrical appliances; certificates of treatment for termites / pest control; a certified copy of the CCC issued by the architect and certified copy of the building plans and plans that relate to electrical wiring and water piping so as to facilitate future renovation.

Interest charged

One clause in the sales contract states that the buyer is responsible for late payment interest. It is a common complaint by buyers that their developers would charge interest for late payment even though it is the fault of the end-financier or their lawyers doing the legal documentation. Responsible developers assist in ensuring that the documentations are in order and the buyer is not burdened with any late payment interest.

Joint Management Body (in stratified projects)

Responsible developers assist their buyers to form committees and be prepared for the formation of the management corporation. These developers realise that the projects they have developed will eventually pass to the owners to maintain and manage.

Encouraging community living

Developers who encourage forming of resident/ owners association are a welcome lot. Some even go to the extent of contributing monies for the formulation of buyers representative group for a meaningful channel to voice grievances. Some even provide meeting facilities and allocate a multipurpose room for the elected representative group.

Good communication

The line of communication should always be open between buyers and their developers:
• Keeping buyers informed of the ongoing projects and their products;
• Developers not to appear having shun away from their responsibility;
• Treating the buyers with respect as buyers can serve as their marketing tool. Show respect and you will gain respect;
• Transparency and accountability on monies collected;
• Providing regular accounting reports and budgets;
• Voicing of any grievances rather than through the media, which will bring adverse effect to the detriment of both parties.

Build first then sell

There is no step that can be more pronounced than for housing developers to adopt the absolute ‘built first then sell’ so that potential buyers can see for themselves the finished product before buying. We believe that in this way, most of the present day ailments afflicting the housing industry can be avoided and the housing industry will be a lot more orderly.

In the interim period, responsible developers have embarked on the Built then Sell (BTS) 10:90 concept where the buyers pays 10% and the balance of 90% to be paid upon completion of the house. They are already big names among developers that find the BTS 10:90 concept workable and feasible and are targeting to achieve the Government aspiration of making BTS 10:90

There are responsible developers whose names are synonymous with quality and trust. They are able to win over buyer’s confidence. Today, they have created their own brand names. No wonder some developers do not advertise, yet all their units are sold out even before the official launch.

By Chang Kim Loong AMN who is the secretary-general of the National House Buyers Association.


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