The House of Representatives is this afternoon set to start debating the long-awaited Building Act which, in addition to a national building code and the prevention of squatter settlements, includes a provision that is being strongly opposed by professional architects and engineers.

According to a spokesman for architects, Christopher Whyms-Stone, the long-standing concern that the proposed legislation will empower draftsmen to provide similar services to architects and engineers under the new designation of ‘Building Practitioners’ has still not been addressed in the new Bill.The architects and engineers first voiced their concern when the Bill was introduced in 2011.“We have been reliably informed that the driving factor for the intention to register draftspersons as independent ‘building practitioners’ is to capture that category of persons into the tax net,” Whyms-Stone told the

Jamaica Observer yesterday. “Public and national interest were not large concerns, as we have been led to believe.”Chairman of Architects Registration Board (ARB) Robert V Woodstock confirmed that there were outstanding matters that need to be addressed.“There is a need to expressly recognise existing professional registration Acts, and if in conflict, the Building Act should cease to have effect in that area,” Woodstock recommended.He said that the definition of the term “building practitioner” in the new Bill includes the word “design”, which architects see as in conflict with the Architects Registration Act (ARA), as “building practitioners” would be allowed to operate as architects.“There has been no change from what was included in the original Act, and that the Building Act should expressly require all architectural drawings submitted with the application for a building permit to be stamped and sealed by a registered architect,” he insisted.However, Woodstock admitted that there have been some revisions to Section 6 of the Bill that may have dealt with some of their concerns in the new Bill.Whyms-Stone also sees the possibility of a solution to the long-term issue of how draftsmen are treated in the new Act.“I believe a position to the impasse, unanimously agreed to by the Jamaican professionals at very recent meetings of the ARB and JIA (Jamaica Institute of Architects), has been found in South Africa,” he told the

Observer.He explained that in 2000, a change in the South African legislation required that architectural technologists and draftspersons be registered under the Architects Registration Act as a new category — ‘Registered Architectural Building Practitioner’.“This type of building practitioner would be removed from the Building Act, which would then license only tradesmen as building practitioners,” Whyms-Stone pointed out.He added that the registered Architectural Building Practitioner would then be added to the ARA, with the role being defined by and under the control of the Architects Registration Board, as opposed to the Building Advisory Council and Building Practitioners Board, which have been proposed in the new Building Act.Local Government and Community Development Minister Desmond McKenzie said last week that the Government’s approach to the issue of squatter settlements and the increased risks from natural disasters would begin with the passage of the Building Act, coupled with changes to the Disaster Risk Management Act which was passed in 2015, arising from a recent review of its provisions.McKenzie could not be contacted yesterday for a response due to Cabinet duties, but is expected to address the issues raised by the architects and engineers when he opens the debate this afternoon.The Building Act 2017, a revised version of the Bill tabled last year by his predecessor Noel Arscott, points out that the existing legislative framework for the regulation of building activities has become outdated and is impeding the effective regulation and development of a modern building sector.The Bill says that a modern legislative framework is particularly urgent and relevant to reduce the vulnerability of Jamaica’s built environment and to ensure public safety and welfare, minimise damage caused by natural and man-made hazards, prevent squatter settlements and promote sustainable development.It will require building professionals to submit plans or designs that are in compliance with the National Building Code; ensure the rights of persons with disabilities regarding accessibility, safety and user-friendliness; require a building permit and other authorisation to carry out building work; confirm the Bureau of Standards as the standards-making body for the industry; specify the regulatory and enforcement responsibilities of the local authorities; facilitate the adoption and efficient application of international building standards; reduce the vulnerability of the built environment; minimise damage from natural and man-made hazards; prevent squatter settlements; and promote sustainable development.