PARLIAMENTARY ADDRESS
BY THE
HONOURABLE BRADLEY B. ROBERTS, M.P.
MINISTER OF WORKS AND UTILITIES
REMARKS ON THE WIND UP ON THE DEBATE ON THE BILL
FOR
AN ACT TO PROVIDE FOR THE REGISTRATION OF
ENGINEERS, FOR THE REGULATION AND CONTROL OF PROFESSIONAL ENGINEERING AND RELATED PURPOSES
September 17, 2003
Mr. Speaker:
I have sought to be bi-partisan on this long over due issue. It is uncharacterized of me to be non political. Members opposite have been overly political.
This Bill is for the regulation of Professional Engineers in the Bahamas.
Mr. Speaker, all Professional Bills by their very nature appear to be discriminatory to other professions, but they are not. The purpose of engineering legislation is to safeguard the health, safety and welfare of the public by ensuring that only competent persons are put in responsible charge of engineering works. It creates a legal framework to allow the qualification, regulation, and accountability for those persons that seek to use the designation of “Professional Engineer”, and be in ‘responsible charge’ of engineering related works.
But this legislation will not affect those involved in incidental works, nor will it affect other professionals that operate under their respective Acts. In this regard, I should like to address the particular concerns raised by the Architectural profession with regard to this Engineering Bill.
Architects can and will continue to be able to provide engineering related services that are incidental to Architecture. The ability of an Architect to submit incidental engineering designs – as well as detailed structural designs in accordance with the Building Regulations Act – will remain unaffected by the Professional Engineers Bill. In fact, in this Bill, Section 13 of the First Schedule specifically makes reference to The Building Regulations Act. This means that it will rightly remain the discretionary power of the Buildings Control Officer [as per Rule 3 of the Buildings Regulation (General) Rules] to designate when an Engineer (or an Architect) is required. In fact, it is under this clause that Architects have submitted their structural, mechanical or electrical designs and had them accepted and approved by the Buildings Control Division of the Ministry of Works and Utilities for many years.
The Bahamas already has a universal exemption Clause under the Fifth Schedule of the Local Government Act. Section 30 of the Architects Act was amended through the fifth schedule of the Local Government Act, to provide for any Bahamian Resident to make plans and specifications for single-storey structures which are 3000 square feet or less. This exemption includes both the engineering and architectural aspects of any such structure.
Mr. Speaker, I cannot imagine a scenario in which an Architect would legitimately need to perform any engineering works beyond this, without engaging the services of a Professional Engineer.
The 2001/2002 Bill follows other international legislation in that it provides no open exemptions. It is my understanding, Mr. Speaker, that in most, if not all of the international legislation that has been reviewed relative to the Engineering Profession, there is no provision for an Architect or any other professional to practice engineering without reference to a particular Act or Standard. To do so unconditionally would be dangerous. In fact such acts expressly prohibit such practices. In the Bahamas, we have established the Building Regulations Act, which is regulated by the Ministry of Works and Utilities. This Act also empowers other trades – electricians, plumbers, etc. The regulatory powers of the Building Control Officer are essential adjunct to both the Architects’ and the Engineers’ legislation, given the known challenges we face in the Bahamian construction environment.
Mr. Speaker, when one looks at the full reading of the Florida Engineering Statute, it is clear that it articulates in a general manner when the services of a Professional Engineer are required. It stands to reason then, that any activity not “protected” or named in the sections of the Statute cannot be legally prohibited, including the “incidental” works.
The Professional Engineers’ Bill adopts a similar approach. The Bill provides a general overview, and the further delineation of these items will then be placed in the accompanying Regulations, and not in the Act itself, as is typically done under Bahamian law.
Additionally, Mr. Speaker, in the California Regulations, which are in fact more stringent than the building regulations of the Bahamas, exemptions are only allowed for traditional wood frame construction. The exemptions exclude any steel or masonry structure, which are typically designed and constructed in the Bahamas by many who would not be classified as Professional Engineers.
Mr. Speaker, I have an additional concern in this regard: How does one define “incidental” engineering or architectural works, and who will be the best arbiter of this? In a small society such as ours, it could prove rather difficult. I could well foresee, Mr. Speaker, endless controversy over the definition and classification of “incidental” engineering works. There is also the potential risk of disenfranchising those who engage in the design and implementation of “small structures”. At this time, therefore, I believe it is best to stick with the current, long-established provisions of the Buildings Regulation (General) Rules, which leaves the discretion to the Buildings Control Officer.
This is a simpler and more realistic approach in our current context, and provides one point of control, rather than a potentially endless variety of viewpoints.
I believe, Mr. Speaker, that the current Bill before parliament provides more than adequate provisions to allow for Architects, Engineers and others to continue their services, as currently practiced, and as contemplated under the Professional Architects Act and The Building Regulations Act. A particular clause for “incidental works” by Architects and Engineers not necessary at this stage, as any additional specifics should to be addressed under the Regulations, which are to follow.
I now encourage all concerned parties, the Engineers and Architects to work with the Government in the development of the Regulations. I am confident that, by joining our efforts, we can develop a comprehensive framework to encourage the development of a safer Bahamas, while we all carry out our respected and valuable roles.
Mr. Speaker. I encourage the Architects and the Engineers to work together in the interest of all Bahamians and those who reside and live in the Bahamas.
Mr. Speaker, I take great delight on behalf of all members of this Parliament to commend this long, long, over due Bill.
