HOUSING DEVELOPERS STAND TO LOSE IF THEY DON'T PROVIDE FIRE EXTINGUISHERS
They risk projects being declared ‘unsafe for occupancy’ if provision is not met
HOUSING developers in states that have gazetted the Uniform Building By-Laws (UBBL) will risk having their projects declared “unsafe for occupancy” if they fail to provide every unit with a fire extinguisher.
Fire and Rescue Department deputy director-general Datuk Soiman Jahid said this was because the department would declare developers as having failed to comply with its “recommendation for building safety” if they failed to do so.
He said for states that had gazetted the law, providing a fire extinguisher in every house was a requirement before the Certificate of Completion and Compliance (CCC) could be obtained.
“It is an offence not to have one. When a state gazettes the UBBL, a clause on the need to provide a fire extinguisher would be included in the sale and purchase agreement, meaning developers who fail to comply can be sued for breach of agreement.
“We would also recommend to the Board of Architects against approving the CCC,” he told the New Straits Times.
The Board of Architects, he said, would be held responsible if it approved the CCC for projects that failed to adhere to the law.
“The CCC is approved by the Board of Architects, so if they feel that it is safe to approve the application by developers who fail to provide the fire extinguisher, then they will be held responsible if anything were to happen.
“If we find that the board had approved it despite the building being exposed to fire hazards, we can sue the board if a fire breaks out.”
Yesterday, Urban Wellbeing, Housing and Local Government Minister Tan Sri Noh Omar said homeowners in states where the law had been gazetted could soon expect Fire and Rescue Department personnel to knock on their doors.
He said inspections would be done to ensure that everyone, including housing developers, complied with the requirement spelt out under the UBBL, which was amended in 2012, and gazetted by Sabah, Selangor, Terengganu and Penang.
It was reported yesterday that every home may be required to be equipped with a fire extinguisher in the near future as the department is drawing up papers to park it under a federal law or formulate a new one for the purpose.
It is understood that it could likely be made part of the Fire Safety Act 1988.
Under the UBBL, residential buildings (whose plans were approved from 2012) and exceed 30 metres, or 10 floors, must be equipped with a fire detector, apart from other fire fighting equipment, like wet-riser and dry-riser.
Noh said although the four states had gazetted the law, it was not fully enforced.
“Every house should be equipped with a fire extinguisher and people must take precautions to face the eventuality of a fire.”
Fire and Rescue Department-director-general Datuk Wan Mohd Nor Ibrahim had said local councils, as the authority that approves building plans, would need to work with the department in enforcing the law on fire extinguishers.
“The fire department does not have the manpower to conduct door-to-door inspections on residences and it needs to work with local authorities.”
The Penang Real Estate and Housing Developers' Association (Rehda) said they had no immediate plans to give out fire extinguishers to house buyers for its members’ past projects, saying that the item was not part of their building cost.
Its chairman, Datuk Toh Chin Leong, however, said a meeting would be held soon to discuss it.
“As I understand, developers do not provide fire extinguishers in residential houses since it is not required and enforced by the fire department.
“This is despite the rules being mentioned in the bylaw ... and the projects have already been given the Certificate of Completion and Compliance,” he said, adding that it was unfair for developers to return to their past projects just to provide fire extinguishers.
Toh said the cost of providing fire extinguishers was not part of developers’ building cost, but it would be included in future projects if the law was enforced.
It was reported that once the law was passed, those who purchased houses from 2012 could ask for a fire extinguisher from their housing developers. Those who purchased their units before that would need to buy it themselves. Additional reporting by Julia Fiona