Hong Kong Ordinances

FIRE SAFETY (BUILDINGS) ORDINANCE - SECT 3

Interpretation

(1) In this Ordinance, unless the context otherwise requires-

"authorized officer" (獲授權人員) means a public officer authorized under
section 15 or a person taken to be an authorized officer because of that
section;

"composite building" (綜合用途建築物) means a building that is
constructed, or intended to be used, partly for domestic purposes and partly
for non-domestic purposes-

   (a)  the plans of the building works of which were first submitted to the
        Building Authority for his approval under regulation 29 of the
        Building (Administration) Regulations ( Cap 123 sub. leg. A) on or
        before 1 March 1987; or

   (b)  which was constructed on or before 1 March 1987 where no plans of the
        building works of the building were submitted to the Building
        Authority for his approval under regulation 29 of the Building 
        (Administration) Regulations ( Cap 123 sub. leg. A) on or before that
        date, but excludes a building where the part intended for
        non-domestic purposes consists wholly of a factory or industrial
        undertaking, godown, warehouse or place of bulk storage;

"domestic building" (住用建築物) means a building that is constructed, or
intended to be used, for domestic purposes, with more than 3 storeys used
principally for such purposes-

   (a)  the plans of the building works of which were first submitted to the
        Building Authority for his approval under regulation 29 of the
        Building (Administration) Regulations ( Cap 123 sub. leg. A) on or
        before 1 March 1987; or

   (b)  which was constructed on or before 1 March 1987 where no plans of the
        building works of the building were submitted to the Building
        Authority for his approval under regulation 29 of the Building 
        (Administration) Regulations ( Cap 123 sub. leg. A) on or before that
        date, and includes ancillary club house, carpark and recreation
        facilities that are provided for the exclusive use of residents of the
        building and persons invited to use them by such residents;

"domestic purposes" (住用用途), in respect of a composite building or
domestic  building, means use for human habitation, but does not include a
building or part of a building that is used for a hotel, guesthouse, home for
the elderly, child care centre or nursery;

"enforcement authority" (執行當局)-

   (a)  in relation to the planning, design and construction of a
        composite building or domestic building, means the Director of
        Buildings; and

   (b)  in relation to any fire service installation or equipment, means the
        Director of Fire Services;

"fire safety compliance order" (符合消防安全令) means a
fire safety compliance  order made under section 6;

"fire safety direction" (消防安全指示) means a fire safety direction
given under section 5;

"fire service installation or equipment" (消防裝置或設備) means any
installation or equipment manufactured, used or designed to be used for the
purpose of-

   (a)  extinguishing, attacking, preventing or limiting a fire;

   (b)  giving warning of a fire; (7 of 2003 s. 24)

   (c)  providing access to any premises or place for the purpose of
        extinguishing, attacking, preventing or limiting a fire;

   (d)  facilitating the evacuation from any premises or place in case of
        fire; or (7 of 2003 s. 24)

   (e)  providing a stand-by power supply to an installation or equipment the
        purposes of which are mentioned in paragraphs (a) to (d) in the event
        of the loss of normal power supply; (7 of 2003 s. 24)

"function" (職能) includes a power and a duty;

"mechanical ventilating system" (機械通風系統) includes an air
conditioning system;

"non-domestic purposes" (非住用用途), in respect of a composite building,
means use for a purpose other than domestic purposes;

"occupier" (佔用人) means the person who is occupying a building or part of
a building (whether as owner or under any form of lease or licence);

"owner" (擁有人) has the same meaning as in the Buildings Ordinance (
Cap 123);

"prohibition order" (禁止令) means an order made under section 7.

(2) For the purposes of this Ordinance, where a building or part of a building
is unoccupied, the owner shall be deemed to be the occupier and the
enforcement authority may exercise any of his powers in relation to an
occupier by exercising them with respect to the owner, and the owner shall
continue to be liable in respect of any exercise of such powers under this
subsection notwithstanding that the building or part of a building in respect
of which the powers were exercised are subsequently occupied.

(3) For the avoidance of doubt, "non-domestic purposes" (非住用用途)
includes use as a hotel, guesthouse, home for the elderly, child care centre
or nursery.

"authorized officer" (獲授權人員)

"composite building" (綜合用途建築物)

"domestic building" (住用建築物)

"domestic purposes" (住用用途)

"enforcement authority" (執行當局)

"fire safety compliance order" (符合消防安全令)

"fire safety direction" (消防安全指示)

"fire service installation or equipment" (消防裝置或設備)

"function" (職能)

"mechanical ventilating system" (機械通風系統)

"non-domestic purposes" (非住用用途)

"occupier" (佔用人)

"owner" (擁有人)

"prohibition order" (禁止令)