Hong Kong Ordinances

FIRE SAFETY (BUILDINGS) ORDINANCE - SECT 5

Owner or occupier may be directed to comply with fire safety measures

PART II

COMPLIANCE WITH FIRE SAFETY MEASURES

(1) Where one person owns all of it, the relevant enforcement  authority may
serve on the owner of a composite building or domestic  building a
fire safety direction directing him to comply with-

   (a)  in the case of a composite building-

        (i)    with respect to the part that is intended for non-domestic 
               purposes, all or any of the requirements in Schedule 1;

        (ii)   with respect to the part that is intended for domestic 
               purposes, all or any of the requirements in Schedule 2;

   (b)  in the case of a domestic building, all or any of the requirements in
        Schedule 2, or such other measures in place of any of the requirements
        in Schedule 1 or 2, as the case may be, as the relevant
        enforcement authority considers appropriate, if he is of the opinion
        that it would not be reasonable for the owner to comply with such
        requirements, having regard to the structural integrity of the
        building and the technology available to comply with such
        requirements.

(2) Where more than one person owns it and each owner has an exclusive right
to occupy a specified part of it, the relevant enforcement  authority may
serve on the owner of a composite building or domestic  building, in respect
of the relevant part he exclusively occupies or in respect of the part he does
not exclusively occupy, a fire safety  direction directing him to comply with-

   (a)  in the case of part of a composite building-

        (i)    with respect to a part that is intended for non-domestic 
               purposes, all or any of the requirements in Schedule 1;

        (ii)   with respect to a part that is intended for domestic purposes,
               all or any of the requirements in Schedule 2;

   (b)  in the case of part of a domestic building, all or any of the
        requirements in Schedule 2, or such other measures in place of any of
        the requirements in Schedule 1 or 2, as the case may be, as the
        relevant enforcement authority considers appropriate, if he is of the
        opinion that it would not be reasonable for the owner to comply with
        such requirements, having regard to the structural integrity of the
        building and the technology available to comply with such
        requirements. For the purpose of integration of fire service
        installations and equipment between the parts of the building
        exclusively occupied by different owners, a fire safety direction in
        respect of such installations and equipment may include directions to
        the owner to provide the relevant connections or other forms of
        integration.

(3) The relevant enforcement authority may serve on the occupier of a
composite building, in respect of a part intended for non-domestic  purposes,
a fire safety direction directing him to comply with all or any of the
requirements in Schedule 3.

(4) A fire safety direction must be in writing and must specify the period
within which it is to be complied with. That period must be a reasonable one
that allows an owner or occupier of the building sufficient time to comply
with the requirements of the direction.

(5) The relevant enforcement authority may, by similar notice, from time to
time amend or withdraw a direction.

(6) A fire safety direction remains in force until-

   (a)  it is complied with to the satisfaction of the relevant
        enforcement authority;

   (b)  it is withdrawn by that authority; or

   (c)  it is replaced by a fire safety compliance order.

(7) A fire safety direction may be given by both enforcement authorities
acting jointly. Such a direction may be amended or withdrawn only by both
enforcement authorities acting jointly.

(8) An owner or occupier who, without reasonable excuse, fails to comply with
a fire safety direction is guilty of an offence and is liable on conviction to
a fine at level 4 and to a further fine of $2500 for each day or part of a day
during which the failure continues after the expiry of the period specified in
the direction.

(9) The reference in subsection (8) to reasonable excuse includes, but is not
limited to, the excuse that, at the time when the fire safety  direction was
not complied with, it was not reasonable to expect the owner or occupier to
comply with the direction-

   (a)  because of the risk of prejudicially affecting the structural
        integrity of the building or part of a building where it is located;
        or

   (b)  because the technology required to comply with the direction is not
        reasonably available.

(10) For the purposes of assisting the relevant enforcement  authority in
determining under subsection (1) or (2) what, if any, measures in place of any
of the requirements in Schedule 1 or 2, as the case may be, would be
appropriate in a particular case, having regard to the structural integrity of
the building and the technology available to comply with such requirements,
the relevant enforcement authority must
establish a committee (referred to in this section as "advisory committee")
consisting of such persons with relevant expertise as he considers appropriate
to give advice on such matters.

(11) Only the relevant enforcement authority may refer a case to the
advisory committee for advice.

(12) The advisory committee may, before giving advice on any case referred to
it, receive representations from an owner of a building to whom the case is
related.

(13) Where advice has been given by the advisory committee, the relevant
enforcement authority must take into consideration such advice before
determining under subsection (1) or (2) what, if any, measures in place of any
of the requirements in Schedule 1 or 2, as the case may be, would be
appropriate.