VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - CHAPTER 132CD VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - LONG TITLE Empowering section (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552). According to section 7(3) of that Ordinance, the Ventilation of Scheduled Premises Regulation (Cap 132 sub. leg. CE) applies to and in relation to matters to which these by-laws applied immediately before the repeal and is taken to have replaced these by-laws. For other related savings and transitional provisions, please see sections 8 to 13 of Cap 552. VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 132 section 94A) [26 November 1977](L.N. 287 of 1977) (L.N. 287 of 1976) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 1 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552). According to section 7(3) of that Ordinance, the Ventilation of Scheduled Premises Regulation (Cap 132 sub. leg. CE) applies to and in relation to matters to which these by-laws applied immediately before the repeal and is taken to have replaced these by-laws. For other related savings and transitional provisions, please see sections 8 to 13 of Cap 552. VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 1 Citation VerDate:30/06/1997 These by-laws may be cited as the Ventilation of Scheduled Premises (Regional Council) By-laws. (10 of 1986 s. 32(2)) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 2 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 2 Application VerDate:30/06/1997 These by-laws apply to the Regional Council area only. (10 of 1986 s. 32(2)) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 3 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 3 Interpretation VerDate:30/06/1997 In these by-laws, unless the context otherwise requires- "Council" means the Regional Council; (10 of 1986 s. 32(2)) "licensing authority" (發牌當局) has the meaning assigned in section 93(5) of the Ordinance. "Council" "licensing authority" (發牌當局) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 4 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 4 Requirements with respect to ventilating systems VerDate:30/06/1997 (1) Save as provided in paragraph (2) and section 101 of the Ordinance, every ventilating system in any scheduled premises shall comply with the following provisions- (a) all moving parts thereof shall be securely fenced; (b) every part thereof shall be accessible for the purposes of inspection, and, in particular- (i) the spindle of every fan shall be so sited that its guard may be removed and a tachometer applied thereto; and (ii) every air intake and exhaust shall be accessible for the purposes of measurement; (c) no air intake for the ventilating system shall be sited in any place- (i) which constitutes a fire hazard in the opinion of the Director of Fire Services; (ii) where waste or rubbish is likely to accumulate; or (iii) where the air is for any reason impure or likely to become impure; (d) the opening of every air intake shall be fitted with a screen constructed of corrosion-resistant material having a mesh not greater than 12 mm; (L.N. 238 of 1977) (e) an air intake damper shall be- (i) adjusted to a setting approved by the Council; (ii) marked indelibly to indicate the approved setting; and (iii) secured against interference; (f) no exhaust from the ventilating system shall be sited in any place where it causes, or is likely to cause, annoyance or inconvenience to the public; (g) every duct shall- (i) be wholly constructed of non-combustible material having a strength and durability similar to that of galvanized sheet iron or steel; (ii) be accessible for the purposes of cleaning throughout its entire length; (iii) where its size is sufficient to allow any person to enter therein, be fitted with access openings to allow a person to enter the same for the purpose of cleaning, and shall be constructed to bear the weight of any person who has so entered; (iv) be provided with a smooth and impervious internal surface; (v) where it passes through any floor, wall or ceiling, be fitted with a damper which shall be operated by fusible links of a type approved by the Director of Fire Services, and designed to operate up to a temperature of 69 degrees Celsius, and be so constructed or protected as to resist the action of fire for a period not less than the period for which the floor, wall or ceiling through which it passes is designed to resist the action of fire; (L.N. 236 of 1982) (h) no duct shall serve more than one building; (i) an air filter shall be- (i) constructed wholly of non-combustible material, other than steel wool; (ii) of a design approved by the Council; and (iii) installed in such manner that all incoming air passes through it before being distributed within the premises; (j) every electrostatic filter or precipitator shall be of a type approved by the Director of Fire Services; (k) every blower fan shall be fitted with a fused running hour meter connected to the load side of the fan contractor with a device for recording time in minutes and hours or tenths or lesser fractions of an hour; (l) each fused running hour meter shall be sited in an easily accessible and conspicuous place to facilitate inspection; (m) each set of filters in a ventilating system shall be indicated by a filter gauge, filter flag indicator or differential pressure switch; (n) filters shall be cleaned or replaced when the filter gauge, filter flag indicator or differential pressure switch shows an increase of 50 pascals over the designed air filter pressure drop; and (L.N. 238 of 1977) (o) a filter flag indicator shall indicate "dirty" when there is an increase of 50 pascals over the designed air filter pressure drop. (L.N. 238 of 1977) (2) Where it thinks fit and subject to such conditions as it may specify, the Council may exempt any ventilating system in respect of which application in writing in that behalf is made from compliance with all or any of the requirements of paragraph (1). (10 of 1986 s. 32(2)) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 5 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 5 Ventilating system to be kept in operation, etc. VerDate:30/06/1997 (1) Every ventilating system provided pursuant to the requirements of a notice given under the provisions of subsection (1) or (2) of section 93 of the Ordinance shall, at all times when the premises for which it is provided are open to the public, be kept in operation so as to provide, respectively, the amount of outside air required to be provided by the provisions of subsection (1) or the notice given under the provisions of subsection (2). (2) Every ventilating system provided in any scheduled premises otherwise than pursuant to the requirements of a notice given under the provisions of subsection (1) or (2) of section 93 of the Ordinance shall, at all times when the premises are open to the public, be kept fully in operation. (3) Where the ventilation of any scheduled premises is derived wholly or partly from natural ventilation, the natural ventilation shall, at all times when the premises are open to the public, be kept free from obstruction. VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 6 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 6 Annual inspection of dampers, filters and precipitators VerDate:30/06/1997 (1) Every damper, filter and precipitator in any ventilating system that embodies the use of ducting or trunking in any scheduled premises shall be inspected at intervals not exceeding 12 months by a registered ventilation contractor. (2) A registered ventilation contractor who inspects any ventilating system under this by-law shall within 14 days of such inspection issue to the person on whose instructions the inspection was carried out a certificate and send a copy thereof to the Director of Fire Services . (10 of 1986 s. 32(2)) (3) A certificate issued under paragraph (2) shall state- (a) the address at which the inspection was carried out; (b) whether or not the dampers, filters and precipitators are in safe and efficient working order; and (c) the name and address of the registered ventilation contractor who carried out the inspection. VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 7 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 7 Cleaning of filters VerDate:30/06/1997 Every filter in a ventilating system in scheduled premises shall be cleaned to the satisfaction of the Council at intervals not exceeding 14 days. (10 of 1986 s. 32(2)) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 8 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 8 Ventilation of kitchens, etc. VerDate:30/06/1997 A ventilating system, which shall be independent of any ventilating system provided for the public parts of any scheduled premises, shall be provided for the kitchens, latrines and any other parts of such premises as may be considered necessary by the Council. (10 of 1986 s. 32(2)) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 9 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 9 Electric motors to form part of ventilating system VerDate:30/06/1997 (1) Electric motors and other apparatus shall not be installed in any air duct or in the air stream of any ventilating system unless they form part of the ventilating system. (2) Electric motors and other apparatus forming part of the ventilating system- (a) shall be totally enclosed in a way to exclude dust and dirt; and (b) if they are installed in an air-input duct, shall be of such design that, in the event of overheating, smoke will not be discharged into the air stream. VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 10 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 10 Pipings or apparatus containing certain refrigerants not to be situated within air stream of ventilating system VerDate:30/06/1997 (1) Pipings or apparatus containing a refrigerant having inflammable, toxic or irritant properties shall not be situated within the air stream of any ventilating system in scheduled premises. (2) Notwithstanding paragraph (1), the Council may permit in a ventilating system the use of a refrigerant referred to in that paragraph if the air is cooled by indirect means. (10 of 1986 s. 32(2)) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 11 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 11 Requirements with respect to ventilating systems in scheduled premises used for stage performances VerDate:30/06/1997 Scheduled premises used for stage performances shall be so ventilated that- (a) during performances the direction of air movement is from the auditorium to the stage; (b) extract openings (if provided) from the stage shall be at a high level and above the stage grid; and (c) any mechanical air-input system serving a stage with a safety curtain shall be entirely independent of the auditorium air-input system. VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 12 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 12 Log books to be kept to record reading of fused running hour meters in theatres and cinemas VerDate:30/06/1997 (1) Where a theatre or cinema is provided with a ventilating system, the reading of every fused running hour meter shall be correctly recorded in a log book at the beginning and end of each performance. (2) The log book shall be retained for not less than 2 months and shall be available for inspection by the Council at all reasonable times. (10 of 1986 s. 32(2)) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 13 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 13 Power of licensing authority to revoke licence of scheduled premises in certain cases VerDate:30/06/1997 The licensing authority may revoke the licence issued or granted by it in respect of any scheduled premises, either temporarily or permanently, in the following cases- (a) in the event of any contravention in respect of the ventilating system provided for such premises of any of the provisions of by-law 4, 5, 7, 8, 9 or 10; (b) in the event of any contravention of any of the provisions of by-law 11 or 12; (c) in the event of any failure to comply with any conditions imposed under the provisions of by-law 4(2); (d) where the Director of Fire Services receives a certificate under the provisions of by-law 6(2) specifying that the dampers, filters and precipitators, or any of them, of the ventilating system provided for such premises are not in safe and efficient working order; (e) where the Director of Fire Services is satisfied that the dampers, filters and precipitators, or any of them, of the ventilating system provided for such premises have not been inspected in accordance with the provisions of by-law 6(1); (f) if, at any time, the Director of Fire Services is of the opinion that the ventilating system provided for such premises, or any part of such ventilating system, is not in safe and efficient working order. (10 of 1986 s. 32(2)) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 14 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 14 Offences and penalties VerDate:30/06/1997 (1) Any licensee or owner of any scheduled premises who- (a) fails to comply with any conditions imposed under by-law 4(2); (b) fails to keep the ventilating system provided therefor in operation in accordance with the provisions of by-law 5(1) or (2), as the case may be; (c) fails to keep the natural ventilation free from obstructions in accordance with the provisions of by-law 5(3), shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and imprisonment for 3 months. (L.N. 324 of 1987; L.N. 177 of 1996) (2) Any person who- (a) alters or tampers with the approved setting of an air intake damper as provided under by-law 4(1)(e); or (b) interferes with the proper functioning of the instruments in any ventilating system in scheduled premises, with intent to deceive the Council or any public officer authorized in writing by the Council to exercise the powers conferred by the Ordinance or these by-laws shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and imprisonment for 3 months. (L.N. 324 of 1987; L.N. 177 of 1996) (3) Any person who- (a) contravenes by-law 6(2); or (b) makes or causes to be made in a certificate issued under by-law 6(2) a statement which he knows or reasonably ought to know to be false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and imprisonment for 3 months. (L.N. 324 of 1987; L.N. 177 of 1996) (4) For the purposes of paragraph (1), "owner" (擁有人) means any person in control of the scheduled premises whether as tenant thereof or under any licence from a tenant thereof. (10 of 1986 s. 32(2)) "owner" (擁有人) VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 15 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS - BYLAW 15 Name in which proceedings for offences may be brought VerDate:30/06/1997 Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Attorney General in relation to the prosecution of such offences, prosecutions for an offence under any of the provisions of these by-laws may be brought in the name of the Council. (10 of 1986 s. 32(2))