ปัญหาและผลกระทบจากกฎหมายที่เกี่ยวข้อง ต่อการปฏิบัติวิชาชีพสถาปัตยกรรม กรณีศึกษา ประเภทอาคารพักตากอากาศสาธารณะจังหวัดภูเก็ต บริเวณหาดป่าตอง และหาดกะรน / อลงกรณ์ จารุสมบัติ = Problems and impact from laws on architectural professional practice : resort building in Phuket in Patong and Karon beaches / Alongkorn Charusombat
As Phuket is a province with a beautiful natural environment, the tourism industry has been continuously expanding. Many buildings, especially resort buildings, were constructed. That causes environmental problems. Therefore, several governmental departments have declared acts to protect and preserve environmental quality. Among all these acts, several of them are related to building control. The objective of this study is to analyze the problems and the impact of law to architectural professional practice in resort building (resort hotels and resort condominiums). This study analyzes related substances of laws, ministerial regulations, declarations and regulations and interviews architects, local and central officers about the problems and impacts. From the study, it was found that the laws that relate to the problems are 1. Building Act (1979) on building control area and building types 2. Urban Planning Act (1975) on land use control area 3. Enhancement and Conservation of National Environmental Quality Act (1992) on action of Environmental Impact Assessment Report and building control area. From surveys and interviews, the results show that these laws are the cause of two major problems ; unclear and duplications of laws. First, the unclear is the combination of the process of Initial Environmental Examination, the interpretation of “coastal line”, the measurement of building height, the reference of height and slope area and the interpretation of “mixed residential building”. Second, the problems of duplication are the declarations of building control area and reference standard in building design. These problems affect architectural professional practice in several areas, these are feasibility study, preliminary design, design development, construction drawing and construction state. These problems cause architects to adjust design or even redesign their works. It wastes not only time and manpower, but also resources. Moreover, in design, there is a tendency that architects will design according to local officers’ interpretation. That frequently limits alternative in architectural design. However, there are some projects that employ regulatory gaps to avoid following certain laws. The recommendation is that the governmental departments should set up a conference with all involving parties to find out the suitable solutions for the unclear and duplication problems. The attendants should include the local governmental department, the architectural professional association, architects and companies in local area. For new laws, the central governmental department should concern itself about the participation of the involving local parties. On top of this, it should disseminate this information to the architect, project owner and involving parties. These solutions will be consistent with the constitution about the decentralization of the administration to local administration and public participation.
