Hong Kong Regulations

GAS SAFETY (GAS SUPPLY) REGULATIONS - REGULATION 5

Determination of application for construction approval

(1) Subject to this regulation, the Authority shall determine an application
made under regulation 4(1) by a person for construction  approval by serving
in accordance with subregulation (2) a notice on the person-

   (a)  granting construction approval of the construction work in accordance
        with such plans as were submitted under regulation 4(2)(b)(iii) with
        that application, and such other plans as were submitted in accordance
        with any notice under regulation 4(3) served on that person;

   (b)  granting construction approval of the construction work in accordance
        with such plans as were submitted under regulation 4(2)(b)(iii) with
        that application, and such other plans as were submitted in accordance
        with any notice under regulation 4(3) served on that person, subject
        to such reasonable conditions by way of modifications to any of those
        plans as are set out in the notice served under this regulation on
        that person; or

   (c)  refusing to grant construction approval of the construction  work.

(2) A notice under subregulation (1) in respect of an application made under
regulation 4(1) shall be served-

   (a)  where no notice has been given under regulation 4(3) in respect of
        that application within a period of 60 days after that application was
        so made, not later than the expiration of that period; and

   (b)  where a notice has been given under regulation 4(3) in respect of that
        application within a period of 60 days after that application was so
        made, not later than 30 days after the Authority has been furnished
        with the plans or particulars required by the notice under regulation
        4(3).

(3) The Authority shall not grant construction approval of construction work
unless-

   (a)  the notifiable gas installation will, if constructed in accordance
        with the approved plans, comply with the requirements under the
        Ordinance applicable to such an installation; and

   (b)  the Authority is satisfied that the notifiable gas installation will
        not present an unacceptable risk to the health and safety of members
        of the public residing or working in the vicinity of the place where
        the installation will be constructed, whether during its construction
        or after it is brought into use.

(4) Without prejudice to the generality of conditions which may be imposed
under subregulation (1)(b) by way of modification to any plans submitted under
regulation 4(2)(b)(iii) or submitted in accordance with a notice served under
regulation 4(3), construction approval of construction  work may be granted
subject to such reasonable conditions, whether by way of modification to such
plans or otherwise-

   (a)  as the Authority thinks fit, in particular-

        (i)    specifying the construction and location of buildings or other
               structures on the site which is served or to be served by the
               notifiable  gas installation for the purpose of ensuring that
               ventilation of the installation will not be impaired; and

        (ii)   restricting the planting of vegetation in the vicinity of the
               notifiable gas installation for the purpose of ensuring that
               ventilation of the installation will not be impaired or that a
               potential fire hazard for the installation is not created; and

   (b)  as are specified in the notice under subregulation (1) of such
        construction approval.

(5) Where the Authority grants construction approval of construction work, he
shall endorse every page of the approved plans in respect of the
notifiable gas installation and-

   (a)  retain one set of copies of such plans; and

   (b)  forward one set of copies of such plans with the notice under
        subregulation (1) of such construction approval.

(6) Where the Authority-

   (a)  grants construction approval of construction work subject to
        conditions; or

   (b)  refuses to grant construction approval of construction work, he shall
        specify in the notice under subregulation (1) of such grant or refusal
        of construction approval, as the case may be, his reasons for the
        imposition of the conditions or the refusal, as the case may be.
        (Enacted 1990)