Botanic Garden Of Penang

The Botanic Garden of Penang used to have an accessible toilet. I used it before many years ago. But when I visited the garden on 7 Nov 2015 I discovered that the accessible toilet was no longer there. I was very surprised and could not understand why the management of the garden made the decision to demolish the accessible toilet. The thoughtless action contradicted the legal requirements of Malaysia's Uniform Building By-laws (UBBL). By-laws 34A of UBBL clearly states that public gardens must have disabled access. (Full content of by-laws 34A can be found HERE.) The management of the garden has completely ignored the by-laws and I could not understand why the authority has not taken any action against them.

While I was there, I took some photos of the toilet. I am posting them here for the wheelchair users who plan to visit the garden. I hope the photos will give you a rough idea of what to expect.

By-laws 34A of the Uniform Building Bylaws (UBBL)

By-laws 34A of the Uniform Building Bylaws (UBBL)
In Malaysia, it is mandatory that all public buildings must provide facilities for disabled persons.  In Sep. 20^th 1990, an amendment was made to the Uniform Building Bylaws (UBBL) at the 35th National Council of Local Government (NCLG).
The amendment, namely 34A in UBBL, makes it compulsory for buildings to provide access to enable disabled persons to get into, out of and within the buildings.  Buildings already built before the commencement of this by-law must be altered to comply with the by-law within 3 years from the date of commencement.
Under National Constitution article 95A, the provision of NCLG is binding on all state governments.  By-law 34A of the UBBL was gazetted in the State of Penang on Nov. 11th 1993. (State Gazette No. Pg. P.U 26).
The following is the full text of bylaws 34A of the UBBL:

STREET, DRAINAGE AND BUILDING ACT 1974 UNIFORM BUILDING (AMENDMENT) BYLAWS 1991 In exercise of the powers conferred by section 133 of the Street, Drainage and Building Act 1974, the State. Authority Makes the following By-laws: 1. These By-laws may be cited as the Uniform Building (Amen4ai6w), By-laws 1991. 2. By-law 2 of the Uniform Building By-laws 1984 which in this By-laws is referred to as "the principal By-laws" is amended by inserting immediately after interpretation “detached building” the following inter­pretation. "disabled persons" means people; with a physical, hearing or sight impairment which affects their mobility or their use of buildings as referred to under by-law 34A;". 3. The principal By-laws is amended by inserting immediately after by-law 34, the following new by-law 34A: 34A (1) Any building or part thereof to which this by-law applies shall- (a) be provided with access to enable disabled persons to get into, out of and within the: building except for any part of the building for which access is provided wholly or mainly for the in­spection, maintenance or repair of the building, its services or fixed plant or machinery; and (b) be designed with facilities for used by disabled persons. (2) The requirements of this by-law shall be deemed to be satisfied by compliance with Malaysian Standard MS 1184 and MS 1183. (3) Buildings to which this by-law applies and which on .the date of commencement of this by-law have been erected, are being erected or have not been erected but plans have been submitted and approved shall be modified or altered to comply with this by-laws within 3 years from the date of commencement of this by-law. (4) Notwithstanding paragraph (3) the local authority may where it is satisfied that it is justifiable to do so- (a) allow an extension or further extensions of the period within which the requirements of this by-law are to be complied with: or (b) allow, variations, deviations, or exemptions as it may specify from any provisions of: this by-law. (5) Any persons aggrieved by the decision of the local authority under paragraph (4) may within 30 days of the receipt of the decision appeal in writing to the State Authority whose decisions shall be final. (6) The requirements of this by-law shall apply to any of the following buildings or any part thereof – (a) offices, banks, post offices, shops, department stores, supermarkets and  other administrative anti commercial buildings. except shop-houses existing, at the commencement of this by-law; (b) rail, road, sea ad air travel buildings and associated concourses, car parking, buildings and factories; (c) hospitals, medical centers, clinic, and other health and welfare buildings; (d) restaurants, concert halls, theatres, cinemas, conference buildings, community buildings, swimming pools, sports buildings and other refreshment, entertainment and recreation  buildings; (e) religious buildings; (f) schools, colleges, universities, zoos, museums, art galleries, libraries, exhibition buildings and other educational, cultural andscientific buildings; and (g) hostels, hotels and other residential buildings other than single family private dwelling houses.

The following table shows the gazette dates of by-laws 34A of the UBBL :-

LIST OF STATE GAZETTE NOTIFICATION ON AMENDMENT TO UBBL 1984 ON BUILDING REQUIREMENTS FOR DISABLED PERSONS
No.	State	Gazette Date	Gazetted Document
1	Perlis	3 March 1994	PS. P.U.2
2	Kedah	30 November 1992	-
3	Pulau Pinang	11 November 1993	Pg. P.U.26
4	Perak	13 May 1994	Pk. P.U.26
5	Selangor	20 January 1994	Sel. C.U.95
6	Negeri Sembilan	31 January 1991	N.S.P.U.1
7	Melaka	22 May 1996	-
8	Johor	7 May 1992	J.P.U.14
9	Pahang	28 March 1996	-
10	Terengganu	15 December 1993	-
11	Kelantan	3 July 1992	Kn. P.U. 5/92
12	Wilayah Persekutuan	13 August 1993	P.U.A. 305/92