Malaysia legislation
Section 133
Section 133
The State Authority shall have the power to make by-laws for or in respect of every purpose which is deemed by him necessary for carrying out the provisions of this Act, and for prescribing any matter which is authorized or required under this Act to be prescribed, and in particular and without prejudice to the generality of the foregoing for or in respect of all or any of the matters specified hereunder—
(i)
the laying or carrying of any line of rails, mains, pipes, conduits or electric lines *(other than sewers) along, through, across, over or under any street or any place laid out or intended for a street;
(ii)
the granting of licences for the carrying and maintenance of telegraphic wires or cables or wires for the conveyance of electricity along or across or under public streets and the fixing and levying of annual or other fees therefor;
(iii)
the level, width and construction of streets and the repairing, cleaning, watering and lighting of streets, roads, canals and bridges and the planting and preservation of trees;
(iv)
the supervision and control of back-lanes under the control of the local authority, of public streets and of streets laid out or constructed by the local authority, the licensing of persons to use such streets and back-lanes for any purpose or in any particular manner other than in the exercise of any right of way thereover;
(v)
the construction, paving, width and level of arcades and footways;
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(vi)
the construction, maintenance and repair in any building or on any premises of a water supply, sanitary accommodation, sink accommodation, bathing and washing accommodation;
(vii)
(Deleted by Act A867);
(viii)
(Deleted by Act A1312);
(ix)
the provision, construction, maintenance and repair of wells, tanks and cisterns;
(x)
the prevention, removal and suppression of obstructions or encroachments in or on back-lanes, public streets, private streets and arcades abutting thereon and the provision, construction, dimensions and paving along any portion of any land alongside such streets;
(xi)
the closing, fencing, lighting and repair of any works, hole or place likely to be a danger to the public;
(xii)
the construction, alteration and demolition of buildings and the methods and materials to be used in connection therewith;
(xiia) the submission of plans, specifications, calculations, particulars, documents and reports relating to erection of building, the persons principal submitting persons and submitting persons and their duties and responsibilities, and the form and nature or classification of such plans, calculations, particulars, documents and reports;
(xiib) the manner and procedure for making an application for the approval of plans and specifications for erection of building;
(xiic)
the planning, design and erection of building including—
(a)
the structural strength of the building;
(b)
the stability of the building;
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(c)
precautions against overloading;
(d)
measures to safeguard adjacent buildings; and
(e)
underpinning;
(xiid)
the provision of embankments and retaining walls;
(xiie) the submission of particulars of qualified persons, contractors, skilled construction workers and construction site supervisors engaged or employed for the purposes of or in the erection of building;
(xiif) the prescribing of documents, books or records to be kept and reports or certificates to be made or issued under this
Act;
(xiig) the time, manner and procedure for the issuance of the certificate of completion and compliance and partial certificate of completion and compliance;
(xiih) the manner and procedure for the sampling of building materials;
(xiii)
the manner for carrying out periodical inspection of buildings and slopes and the form in which the reports required in relation thereto shall be submitted;
(xiii)
the frontage of, air space about, lighting, air conditioning, ventilation, height of and approaches and entrances to, the provision of parking places for vehicles in or for and exits from buildings;
(xiv)
the minimum timber or other building material content in any building;
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(xv)
the dimensions of rooms, cubicles, staircases and other parts of buildings and the provision of light and air thereto;
(xvi)
the provision for the paving, width and level of arcades and footways;
(xvii)
the provision in any building or on any premises of a water supply, sanitary accommodation, sink accommodation, bathing and washing accommodation;
(xviii)
the provision, construction, maintenance and repair of drains;
(xix)
(Deleted by Act A1312);
(xx)
the prescribing of forms for licences and other purposes for use in connection with this Act;
(xxi)
securing the prevention and the prevention of the spread and extinguishment of fire;
Such by-laws may include—
(a)
provisions for building materials to be fire resisting and for the fire resistance grading of such materials;
(b)
provisions regarding methods of construction and design of any building to secure its safety from fire;
(c)
provisions for means of escape from any premises in the event of fire and for the maintenance of such means of escape;
(d)
provisions for fire stops and fire breaks;
(e)
provisions with regard to access to premises for the fire brigade in the event of fire, and include means of access within a building for fire fighting purposes;
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(f)
provisions for the ventilation of buildings for the purpose of removing gases and smoke that may be caused by a fire;
(g)
provisions for fire fighting equipment both manual and automatic and of fire detectors and fire alarms and their maintenance;
(h)
provisions for an adequate supply of water for fire fighting purposes;
(i)
any other measures for the safety of fires and the prevention and spread of fire;
(xxii)
to require the owner or occupier of premises, or any other person having a duty under this Act or any by-law made thereunder, to execute any work or perform any act necessary in the opinion of the local authority to secure compliance with such Act or by-laws and in default of compliance with such requirement on the part of such owner or occupier or other person, to authorize the local authority to execute such work or perform such act itself and to recover the expenses and costs incurred by it in or about the execution of such work or the performance of any such act, from such owner, occupier or other person, as the case may be;
(xxiii)
in case of emergency or where the owner cannot after due enquiry be found, to authorize the local authority to execute such work or perform such act itself without first requiring the owner, occupier or other person as aforesaid to do so, and to recover the expenses and costs incurred by it in or about the execution of such work or the performance of such act from such owner, occupier or other person;
(xxiv)
to apportion responsibility for failure to any building or parts of a building and to require any person or class of persons to report such failures and to explain the causes of such failure;
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(xxv)
the payments to be made for, and other incidents of, licences and permits issued under this Act;
(xxvi)
the fees, costs and other sums charged for any matter or thing required or authorized to be done under this Act;
(xxvii)
the collection, remission, rebate or deferment of payment of any sum required to be paid under this Act;
(xxviii)
the offences under this Act and any by-laws made thereunder which may be compounded by the local authority, the persons who may compound, the limit of the sum of money to be collected by such local authority for compounding such offences and the procedure and forms to be complied with in compounding; and
(xxix)
in so far as they do not fall within any of the preceding paragraphs, all procedural and other matters which by this
Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.