Writing is on the wall for illegal signboards (Poll Inside)

The demolition of illegal signboards by Kuala Lumpur City Hall at Kuchai Entrepreneur’s Park in 2020 involved 25 personnel. (Courtesy of DBKL)

AN ESSENTIAL marketing tool, signboards are indispensable for a business’ visibility.

However, shop and building owners must ensure their signage complies with council guidelines for the sake of public safety as well as the preservation of building uniformity.

In several parts of Kuala Lumpur, StarMetro observed that not all installations adhered to Kuala Lumpur City Hall (DBKL) guidelines.

The absence of Bahasa Malaysia wordings, blocking of windows and covering of building facades were among some of the violations.

Fire hazard

Under the 2018 guidelines by Plan Malaysia, which comes under the Local Government Development Ministry, it is clearly stated that signboards blocking the windows of premises may jeopardise public safety as they may impair escape and close off outlet channels for smoke in the event of fires.

In September 2008, a fire that had broken out at Jalan Gurdwara in George Town, Penang, swept across a row of nine shophouses.

A nasi kandar eatery, two tailors, two communication appliance providers, a print shop, an optician, a bicycle shop and an electronic gadget seller were affected.

Although there was no loss of life, the print shop operator and electronic gadgets seller told The Star then that up to RM200,000 worth of goods had gone up in smoke that day.

What had hampered firefighting efforts by the 98 firemen that day were two large business signboards.

Chief Minister Chow Kon Yeow, who was then state local government, traffic management and environment committee chairman, was quoted as saying, “The firemen had problems breaking the windows to put out the fire because of the signboards.”

Fast forward 15 years, and it appears that many shophouse owners are still unaware of the potential fire risks arising from signage that block windows.

Architect Chong Lee Siong, 58, who is a member of the Institute of Architects and Institute of Fire Engineers UK Malaysia branch, said when signage block windows, they may also interfere with ventilation and natural light.

“According to the Uniform Building By-Laws (UBBL) 1984 (Amendments) 2021, some windows may be designated as a secondary means of escape when there is a fire, especially for shophouses with a single staircase.

“In Malaysia, most of our typical shophouses are served by a single staircase. For these buildings, designated windows must be able to open as a secondary means of escape in case of a fire.

“However, this provision does not apply to buildings with two or more exit staircases in their designs.

“For large signage covering the building facade, in addition to hampering the provision of natural light and ventilation, the materials may serve as a fire risk, increasing the flammability of the building facade.

“Even if the outer layer is not flammable, the ‘sandwich material’ that gives the signage panel its stiffness, may be.”

An example of this is the 2017 Grenfell Tower fire in London, the United Kingdom, where 74 people died. The building’s aluminium composite cladding and infill insulation were identified as one of the causes of the rapid upward spread of the flames.

“When it comes to fire safety breaches, the building owner is wholly responsible for the consequences and penalties.

“Should he allow any activity or installation that can be seen as an impairment to rescue efforts in case of fire, the Fire and Rescue Department can issue the owner with notices to rectify the situation. If he fails to comply, they may have the right to shut down the building and haul the owners to court,” said Chong.

A check-and-balance system for signboards is already in place and it comes in the form of permits from the local authorities, he added.

“Some applications may also require construction and installation to be endorsed by a qualified engineer.”

Signage solution provider Kenneth Ratnam, 53, who has 30 years of experience in the design, fabrication, installation and assisting clients with licensing applications of signboards, said the onus lies with the business owner to ensure his signage complies with local council guidelines.

“If the business is in violation of health standards like vape or electronic cigarettes, for example, then the consultant must highlight to the client that licence approvals for signage that advertise such businesses will not be given.

“Before any signage can be installed, proper plans must be submitted. If there are additional structural requirements when it comes to rooftop or larger than usual signage, it must be endorsed by a certified engineer who will take into account wind and load factors based on the signage’s material, weight, height and size,” said Kenneth.

“Before submitting these plans to the local council, applicants need to refer to Dewan Bahasa dan Pustaka (DBP) to ensure the signage is displaying the correct usage of Bahasa Malaysia.

“The nature of the business, whether it’s a restaurant, grocery or car workshop, must either be located at the upper left or middle part of the signage.”

The requirement for DBP’s approval was made compulsory in 2014 following an announcement by then Deputy Prime Minister Tan Sri Muhyiddin Yassin at the launch of the National Language Month programme.

“Though approvals can be obtained within one to three days, there may be times when a trade name may require trademarking, a process which may take up to two years,” said Kenneth.

“As the trademark requirement was only implemented a few years ago, not many customers are aware of this.

“Not many clients are prepared to wait this long. Some will take the risk and proceed without getting the green light from DBP, which ultimately means that they will also not receive licence approval from the local council.

“Some 80% of establishments will go ahead with the signage fabrication despite knowing this.

“For these businesses, the issuing of warning notices, fines and having their signage taken down by the relevant council is imminent,” he added.

Online applications have made the process easier, he added.

“Since the movement control order, local councils including DBKL, are encouraging business owners as well as runners, to submit their licensing applications online.

“At DBKL, the process for signage licensing is best done online. It will only require a certificate of approval from DBP, the business owner’s identity card, business registration certificate from the Companies Commission of Malaysia and current photos of the site.

“Provided that all is in order, temporary approval will be granted within seven to 10 days.

“Within the next six months, the authorities which are relevant to the nature of business such as Fire and Rescue Department and the Health Department will carry out physical inspections at the site,” said Kenneth.

Local authority purview

When contacted, the Fire and Rescue Department said jurisdiction as well as enforcement for signage that fail to abide by specifications, belong solely to the local authority.

“The Fire Department, however, is part of the technical team required for the Certificate of Completion and Compliance, a certificate which provides the final sign-off on a building after assessment has been undertaken by industry professionals and the local authorities.

“This is to ensure that the building has been made true to its original plans, is safely constructed and is fit for habitation, said the department’s public relations officer Mohammad Nu’aim ‘Izzuddin Mohammad Hanafiah

As for fire safety risk of signage that blocks windows, he said that windows are only an alternative escape route under the UBBL 1984.

“If coverings are placed over windows, rescue efforts may be impeded slightly but we are equipped with the correct tools for rescue purposes. If we cannot go through the window, we will use the main door.

“However, windows do have their part to play when it comes to smoke management such as in times when the use of extractor fans are required,” he said.

According to DBKL guidelines, horizontal signs over 12.19m long and 1.21m wide that are positioned on the fourth floor or higher must have public liability insurance as well.

Upright signs can only be installed on the first floor and must not exceed 2.13m in width and 0.91m in length.

The Licensing Department must also be notified of any change in company name, business premise address or signage size during the licence approval period.

In a statement, DBKL public relations officer Hassan Azahari said 1,355 applications for signboard licences were received from January to April. Of these, 528 were approved.

DBKL issues notices to business owners whose signboards do not comply with any of the requirements and order them to rectify the violations.

Those that do not will have the signboards torn down, and they will also be billed for the action.

Hassan said 157 notices were issued and 18 operations to take down and demolish illegal signage were carried out between 2019 and 2023.

One such operation took place at Kuchai Entrepreneurs Park, Kuala Lumpur, in 2020, whereby 25 personnel and a skylift were deployed to remove the signboards of six premises for size and height violations.

The most number of personnel involved in such an operation was in 2012 where 82 DBKL personnel were deployed to take down six signboards at Jalan Tun Tan Siew Sin for not abiding by the regulation on prioritising Bahasa Malaysia as the national language.

These included businesses which had applied for single licences but had put up multiple signboards on their premises.

Those found guilty of flouting the guidelines may be fined up to RM2,000 or be jailed for a year, or both under the Advertising Bylaws (Federal Territories) 1982.

Under the same bylaws, for the display of unlicensed signage, a fee equivalent to three times the original yearly fee will also be imposed upon approval.