Hong Kong Regulations

AIR POLLUTION CONTROL (CONSTRUCTION DUST) REGULATION - SECT 2

Interpretation

(Past version on 30/06/1997).



"construction site" (建造工地)

"construction work" (建造工程)

"contractor" (承建商)

"dusty materials" (易生塵埃物料)

"emergency work" (緊急工程)

"excluded work" (除外工程)

"notifiable work" (應呈報工程)

"plant" (裝置)

"reclamation" (填海工程)

"regulatory work" (規管工程)

"road construction work" (道路建造工程)

"road opening or resurfacing work" (道路開掘或重鋪工程)

"site formation" (工地平整工程)

"specified" (指明),

"utility services" (公用服務設施)

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

"construction site" (建造工地) means a place where construction work is or
is intended to be carried out and includes any area, whether located in such a
place or elsewhere, that is used for the storage of-

   (a)  dusty materials or plant used or intended to be used for the purpose
        of the construction work; or

   (b)  dusty materials produced as a result of the construction work being
        carried out;

"construction work" (建造工程) means-

   (a)  the construction, demolition, reconstruction, shoring, alteration,
        maintenance or repair of the whole or any part of any arch, bridge,
        building, chimney, dock, hoarding, shelter, tunnel, wall, pier, wharf
        or other structure or any road, slope, embankment, street, railway,
        tramway, airport, channel, drain, service lane, water conduit,
        lighting or public utility;

   (b)  dredging;

   (c)  the extraction from the earth of any matter whatsoever;

   (d)  piling;

   (e)  quarrying;

   (f)  reclamation;

   (g)  site formation;

   (h)  any work involved in preparing for any operation of the type referred
        to in paragraph (a), (b), (c), (d), (e), (f) or (g); and

   (i)  the use of machinery, plant, tools, gear and material in connection
        with or for any operation referred to in paragraph (a), (b),

   (c)  , (d), (e), (f), (g) or (h);

"contractor" (承建商) means any person or firm engaged in carrying out
construction work by way of trade or business, either on his own account or
pursuant to a contract or arrangement entered into with another person or
firm, including the Government or any public body;

"dusty materials" (易生塵埃物料) includes cement, earth, pulverized fuel
ash, aggregates, silt, stonefines, sand, debris, sawdust and wooden chips;

"emergency work" (緊急工程) means-

   (a)  work that is required under emergency situations where human life or
        building safety is immediately threatened or is being threatened; or

   (b)  repair work that is immediately required as a result of failure of
        utility services, road collapse or road blockade due to natural
        uncontrollable forces or accidents;

"excluded work" (除外工程) means-

   (a)  renovation, maintenance and alteration work carried out entirely
        within the external walls and under the roof of a building;

   (b)  work carried out exclusively for asbestos investigation, abatement and
        removal;

   (c)  any specified process;

   (d)  work carried out entirely within a tunnel (except work carried out in
        any part of the tunnel that is within 100 m of any exit to the open
        air);

   (e)  work carried out entirely under water;

   (f)  repair work (including cleansing and inspection) to an underground
        sewer, drain, culvert or other pipeline that is carried out entirely
        within the confines of such sewer, drain, culvert or pipeline;

   (g)  paint brushing and patch repairs carried out on the outer surface of
        the external wall or the upper surface of the roof of a building;

   (h)  work carried out in a quarry including any associated rehabilitation
        of the excavated surface; or

   (i)  farming or archaeological activities;

"notifiable work" (應呈報工程) means-

   (a)  site formation;

   (b)  reclamation;

   (c)  demolition of a building;

   (d)  work carried out in any part of a tunnel that is within 100 m of any
        exit to the open air;

   (e)  construction of the foundation of a building;

   (f)  construction of the superstructure of a building; or

   (g)  road construction work, but does not include any emergency work,
        excluded work or regulatory work;

"plant" (裝置) includes any plant, equipment, gear, machinery, apparatus or
appliance, or any part thereof;

"reclamation" (填海工程) has the same meaning as in section 2 of the
Foreshore  and Sea-bed (Reclamations) Ordinance ( Cap 127);

"regulatory work" (規管工程) means-

   (a)  renovation carried out on the outer surface of the external wall or
        the upper surface of the roof of a building;

   (b)  road opening or resurfacing work;

   (c)  slope stabilization work; or

   (d)  any work involving any of the following activities-

        (i)    stockpiling of dusty materials;

        (ii)   loading, unloading or transfer of dusty materials;

        (iii)  transfer of dusty materials using a belt conveyor system;

        (iv)   use of vehicles;

        (v)    pneumatic or power-driven drilling, cutting and polishing;

        (vi)   debris handling;

        (vii)  excavation or earth moving;

        (viii) concrete production;

        (ix)   site clearance; or

        (x)    blasting, but does not include any emergency work,
               excluded work or notifiable work;

"road construction work" (道路建造工程) means construction of any
permanent road, bridge or underpass for vehicular traffic but does not include
any maintenance or resurfacing work to an existing road, bridge or underpass;

"road opening or resurfacing work" (道路開掘或重鋪工程) includes
excavation, backfilling to trenches, and temporary or permanent reinstatement
of existing roads, streets, footway or bridges for the purpose of-

   (a)  maintenance or resurfacing;

   (b)  erection of poles or structures;

   (c)  trial hole opening; or

   (d)  laying or repairing of pipes, cables, ducts, valve boxes, chambers or
        any other utility services;

"site formation" (工地平整工程) includes-

   (a)  excavations on sloping land;

   (b)  filling;

   (c)  any earth moving work for preparation of a construction site; and

   (d)  groundwater drainage work as defined in section 2 of the
        Buildings Ordinance ( Cap 123);

"specified" (指明), in relation to a form or the particulars to be given on
a form, means specified by the Authority;

"utility services" (公用服務設施) means public services involving
electricity, lighting, traffic control, gas, telecommunications, cable
television, water supply, drainage and sewerage, public transportation, and
any associated supporting services. (36 of 2000 s. 28)

(2) For the purpose of this Regulation, a contractor is responsible for a
construction site if he is carrying out construction work at the site or,
where more than one contractor is carrying out construction work at the site,
if he is the principal contractor carrying out such work.