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50 dept stores violate city code


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50 dept stores violate city code

 

Published on Jun 4, 2004

 

 

BMA says 3,313 buildings unsafe and legal delays prolong the risks

 

About 50 department stores are among the 3,313 structures found by Bangkok inspectors with building code violations.

 

Besides New World - part of which collapsed on Wednesday - Banglamphu, Kaew Fah Plaza, ATM, Merry King's, Phahurat Plaza, Laksi Plaza, City Pratunam, Future Park and some branches of Tang Hua Seng, Central and The Mall are among the illegally modified stores reported by the Bangkok Metropo-litan Administration (BMA).

 

Most of the offending buildings - including shop houses, residences and skyscrapers - are located in Huai Khwang and Phra Nakhon districts, Krisda Klantanon, director of the BMA's city law enforcement administration division, said yesterday.

 

Legal action is being taken against them but rectification has been slow in coming due to the lengthy proceedings, he said.

 

"Usually the legal battle goes to the Supreme Court and takes several years to end. Sometimes we have to start all over again when the building gets a new owner," Krisda said.

 

Lax supervision and law en-forcement by district authorities are also to blame for the seriousness of the problem, he added.

 

Deputy Interior Minister Pra-muan Ruchanaseeri urged city au-thorities and other agencies to step up their inspections of high-rises.

 

Pongpayom Vasaphuti, director-general of the Disaster Prevention and Mitigation Department, said rectification had been made to more than 800 of the illegally modified buildings.

 

The New World building has been declared off-limits after it was found unsafe for use, city clerk Nathanon Thavisin said, adding that the demolition had been halted as a result of Wednesday's disaster.

 

Pramuan, who inspected the building along with senior Bangkok officials in the morning, admonished the city's authorities for failing to order its closure earlier, which he blamed for the cave-in that injured seven people.

 

"I wonder why the local authorities didn't enforce the law even though a court had long ago ordered the demolition of the illegal sections," he said.

 

Seven floors had been added without a permit, and a court ordered levels five to 11 to be torn down - but the ruling did not cover the use of the original four storeys.

 

"Local authorities should have dared to issue a closure order with no fear of being sued. It's a legitimate action," Pramuan said, while admitting that the law had loopholes that could be abused by the building's management.

 

The law will be amended to eliminate the loopholes, he added.

 

Prakob Saisuwan, a legal adviser and representative of Kaew Fah Shopping Arcade Co, said the company - which operates New World - and Sunisa Construction and Supplies Co, the contractor hired to carry out the demolition, would bear all the cost of the damage.

 

"But the BMA should also shoulder responsibility," Prakob said, claiming the city had turned down their request to expedite the demolition work by using heavy machinery and large trucks.

 

Kosin Teswong, director of Phra Nakhon district, blamed the companies for ignoring the district's orders to halt the demolition work and close the building to the public.

 

Bangkok Governor Samak Sundaravej said a civil lawsuit by the store's management in March asking for a court order to allow them to carry out the demolition, had stalled action by the city authorities.

 

The Civil Court is scheduled to read its ruling on July 19.

 

 

 

The Nation

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UNSAFE BUILDINGS: BMA needs power to demolish: judge

 

Published on Jun 4, 2004

 

 

'Law required to prevent another New World case'

 

Wednesday's partial collapse of the New World building could have been avoided if Bangkok had the funds to raze unsafe structures expeditiously, a judge said yesterday.

 

"There should be a new law to authorise a city administration to seize assets of owners of such buildings to auction off for demolition expenses," said Sri-amporn Salikupti, a senior judge at the Appeals Court Region 2.

 

The delay in the partial demolition of the New World building in Bang Lumphu was mainly caused by the owner's refusal to pay the Bangkok Metropolitan Administration to do it, he said.

 

The 11-storey edifice housing the New World Department Store was closed in 1985 for building-code violations. The addition of its six top floors were condemned by a court.

 

The BMA won the right to tear down the six "extra" floors and demanded Kaewfa Shopping Arcade Co Ltd pay Bt36 million for the expense. The firm instead hired Susisa Construction and Supplies Co to carry out the work.

 

Progress on dismantling the floors had reached level 8, where heavy debris piled up, causing that floor and level seven to cave in. This sent rubble and concrete slabs down on ground-floor shops.

 

Sri-amporn said the BMA would have to fight lengthy court battles to force Kaewfa to reimburse it for demolition costs, while more Bangkok buildings were in violation of safety measures and awaiting demolition.

 

A public works official at the Phra Nakhon district office said the office had been seeking an advance from the city to pay for a wrecking crew but Kaewfa moved in to remove the floors on its own.

 

Apirak Kosayothin, a candidate for Bangkok governor, said he would propose that all buildings be re-inspected and those found illegal should be declared danger zones and closed to public access pending demolition. He said the BMA had to take responsibility in the New World collapse.

 

Chat Thai MP Janista Liewchalermwong, secretary-general of the House committee on consumer protection, said her panel would consider whether it could ask to inspect buildings believed to be public hazards.Charnchao Chaiyanukij, director general of the Civil Rights and Freedom Protection Department, said people injured in the collapse could file for compensation as crime victims, but they might not get the full amount as they were using it while aware that it was declared unsafe and under demolition.

 

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Illegally modified stores

 

The following are among 50 buildings that have been illegally extended:

 

 

New World building, from the fifth to the 11th storey

 

Banglamphu Department Store, from the fourth to the 11th storey

 

Phahurat Plaza, from the fourth to the sixth storey

 

Tang Hua Seng Department Store's Bang Lumphu branch, from the third to the seventh storey

 

ATM Department Store, constructed without safety plan

 

Merry King's Wang Burapa branch, extended without permission

 

Central Trading Wang Burapa, illegally extended

 

Kaew Fah Plaza, from the fourth to the sixth storey

 

Laksi Plaza, turned its car park into a department store

 

City Pratunam, turned its car park into a department store

 

Tang Hua Seng Department Store's Thon Buri branch, turned its car park into a department store

 

Future Park's Bang Khae branch, encroached on public land

 

The Mall's Bang Khae branch, built a car park over a public waterway

 

The Mall's Ramkhamhaeng branch, built a car park over a public waterway

 

 

 

The Nation

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The Bangkok Post said among the others ready to collapse is a movie theater in Siam Square. Sure would be nice of them to let us know which theater that is.

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