The Cayman Contractors Association has read with interest the lead article in the Caymanian Compass of Friday 31st August, titled, ‘Builders’ storm prep criticized’.
The CCA wholeheartedly agrees that there are builders on Cayman who do not prepare their projects sufficiently prior to a hurricane. In fact, we can say with authority that there are builders who performed no preparation whatsoever on their building sites prior to Hurricane Dean.
In the collective opinion of the CCA, there is no question that this failure to prepare is not only unprofessional, but irresponsible to the community.
After Dean passed, Leader of Government Business Hon. Kurt Tibbetts was alarmed enough about the safety of the people of Cayman that he was moved to consider that action be taken against those builders who are irresponsible, and he even suggested legislation.
Director of Planning Kenneth Ebanks felt that builders should be held accountable for damage caused to properties and/or individuals; however, he does not personally subscribe to more legislation.
Developer Don Ebanks had this to say: ‘I guess you have to decide if this is an issue about construction sites or if this is an issue about public health and safety. I would contend it is the latter.’
In suggesting that potted plants and patio furniture could be equally dangerous to the public, Mr. Ebanks points out that anyone who does not secure loose items is behaving irresponsibly, regardless of whether or not he is a building contractor. ‘If you’re having a standard, it can’t just be for builders. It should be for everyone,’ he said.
As the public will know, the CCA has, in recent years, been on a campaign to raise the standards of construction in the Cayman Islands. We have worked hand-in-hand with the present Government to create the Builders Law to license and regulate builders and the Safety Regulations of the Labour Law to raise the standards of construction site safety. Our hats are off to Government for recruiting the CCA as partners in getting this legislation in place.
The CCA is eager to eliminate the practice of irresponsibility by some builders prior to a hurricane. There is, however, an unusual difficulty in addressing this problem. There is no way to check every jobsite on the island the day prior to the arrival of the next storm.
We can only enforce the law after a hurricane, after damage has taken place. We cannot, therefore, force people to prepare, we can only punish after the storm is over.
Additionally, if a sheet of plywood crashes through the window of a home, it is easy to conclude that that sheet of plywood was not secured prior to the storm, but where did it come from? The construction site next door? The one further down the street? Or was it even poorly secured to a window several houses away?
Building materials almost never have the name of the builder on them. They can therefore not be identified. There is no proof as to the source of the problem. And, again, the same would be true for a lawn chair.
Mr. Ebanks is right. ‘If you’re having a standard, it can’t just be for builders. It should be for everyone.’
In reviewing this problem, the CCA doubts that legislation is the answer, as ownership of the flying debris would be extremely difficult to prove.
We do, however, believe that, over the next few years, there is a direct means by which repeat offenders can be dealt with if they are builders.
Mr. Tibbetts has approved and, indeed, supported the concept of a complaints department for the Builders Board and a position for an inspector has been allowed for in the Builders Board budget.
If complaints are received about a given builder from the public, the inspector has the authority to follow up and determine whether the builder is guilty of an offense. The Board itself has the authority to suspend or revoke the license of a builder who commits a serious offense or numerous minor offenses.
Over the next few years, the Builders Board can certainly have an impact on those builders who act irresponsibly. The problem that will not be addressed by the Builders Law, however, is irresponsible behaviour by non-builders and, in this, Mr. Ebanks is again correct in saying, ‘This is an issue about public health and safety. (The standard) should be for everyone.’
Unless the source of the debris can be identified, there is little that any law can do to penalize those who fail to secure objects on their property prior to a hurricane.
Cayman Contractors Association
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