A BILL

To

Amend the Fire Safety (Commercial Premises) Ordinance.

Enacted by the Provisional Legislative Council.

1. Short title and commencement

  1. This Ordinance may be cited as the Fire Safety (Commercial Premises)(Amendment) Ordinance 1998.
  2. This Ordinance shall come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette.

2. Long title amended

The long title to the Fire Safety (Commercial Premises) Ordinance (19 of 1997) is amended by adding "and commercial buildings" after "premises".

3. Purpose of Ordinance

Section 2 is amended by repealing ", such as banks and department stores" and substituting "and commercial buildings".

4. Interpretation

Section 3 is amended--

  1. in subsection (1)--
    1. in the definition of "enforcement authority" by repealing "premises" and substituting "prescribed commercial premises or a specified commercial building";
    2. by repealing the definition of "occupier" and substituting--
""occupier" (�ucirc;�Icirc;人)--

(a)

in relation to prescribed commercial premises, means the person who is occupying the premises (whether as owner or under any form of lease or licence), and in particular means--
　

(i)

any person who is carrying on or managing a prescribed commercial activity on the premises; and
　

(ii)

any person who is controlling and managing the premises as the agent of the person so occupying the premises; or

(b)

in relation to a specified commercial building, means--
　

(i)

the person who is occupying the building (whether as owner or under any form of lease or licence); or
　

(ii)

(if no person is occupying the specified commercial building) the owner of the building;";
  1. by repealing the definition of "owner" and substituting--

    2. ""owner" (�Ouml;有人), in relation to prescribed commercial premises or a specified commercial building, has the same meaning as in the Buildings Ordinance (Cap.123);";

  2. by adding--

""commercial building" (�Oacute;業�Oslash;築物) means the whole of a non-domestic building--

    1. which contains any number of flats or units therein comprising one or more levels including basements or under-ground parking areas, and which is constructed or intended to be used for the purposes of an office, business, trade or any entertainment, other than a non-domestic building constructed or intended to be used exclusively for the purposes of a--
    1. hotel, serviced apartment, guest-house or similar establish-ment;
    2. school, college, university or similar educational establish-ment;
    3. hospital, clinic, medical centre, rehabilitation centre or similar establishment;
    4. carpark;
    5. elderly home, child care centre or social services centre;
    6. factory or industrial undertaking;
    7. godown, warehouse or place of bulk storage;
    8. utilities building or power station or sub-station; or
    9. cinema or theatre;
other than a building which is partly constructed or intended to be used for domestic or industrial purposes; and

b.

(i)

being a building 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.) on or before 1 March 1987; or
　

(ii)

constructed on or before 1 March 1987;
"domestic" (�iacute;�Icirc;), in relation to a commercial building, means a part of the commercial building that is constructed or intended to be used for human habitation or family dwelling, but excludes the use of the part of the commercial building for hotel, serviced apartment, guest-house, dormitory, elderly home, child care centre or similar establishment;

"fire safety improvement compliance order" (�iuml;善�oslash;防安�thorn;令) means a fire safety improvement compliance order made under section 6;

"fire safety improvement direction" (�iuml;善�oslash;防安�thorn;�uuml;�Uuml;) means a firesafety improvement direction given under section 5;

"prohibition order" (禁�icirc;令) means an order made under section 7A;

"specified commercial building" (�uuml;�uacute;�Oacute;業�Oslash;築物) means any commercial building specified in Schedule 4 and includes a part thereof;".

  1. in subsection (5) by repealing "In" and substituting "For the purposes of subsection (2), in".

5.Section substituted

Section 4 is repealed and the following substituted--

"4. Application of Ordinance

    1. This Ordinance applies to--
    1. prescribed commercial premises comprising or forming part of an existing building that was constructed on or before 2 May 1997 as well as to premises comprising or forming part of an existing building that is constructed after that date;
    2. any specified commercial building listed in Schedule 4.
    1. The fact that the requirements of this Ordinance relating to specified commercial buildings apply to any particular commercial building shall not be regarded as having the effect of disapplying the requirements of this Ordinance or of any other enactment, not relating to specified commercial buildings, from that particular commercial building.
    2. The fact that part of any particular commercial building falls within the meaning assigned to "prescribed commercial premises" in section 3 shall not be regarded as having the effect of disapplying the requirements of any other sections of this Ordinance from that part.

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

Section 5 is amended--
  1. by adding--
    "(1A) The relevant enforcement authority may serve on the owner of a specified commercial building a fire safety improvement direction directing the owner to comply with all or any of the requirements specified in Schedule 5 or such other appropriate measures in place of any of those requirements specified in paragraph (b) of that Schedule.";
  1. by adding--
      2. "(2A) The relevant enforcement authority may serve on the occupier of a specified commercial building a fire safety improvement direction directing the occupier to comply with all or any of the requirements of Schedule 6.";
  1. in subsection (3)--
    1. by adding "or fire safety improvement direction" after "direction" where it first appears;
    2. by adding "or building" after "premises";
  2. in subsection (4) by repealing "or suspend its operation";
  3. in subsection (5)--
    1. by adding "or fire safety improvement direction" after "direction";
    2. in paragraph (c), by adding "or fire safety improvement compliance order, as the case may be" after "order";
  4. in subsection (6)--
    1. by adding "or fire safety improvement direction" after "direction" where it first appears;
    2. by repealing ", or its operation may be suspended,";
  5. by renumbering subsection (7) as subsection (7)(a);
  6. in subsection (7), by adding--
    "(b) An owner or occupier of a specified commercial building who, without reasonable excuse, fails to comply with a fire safety improvement direction is guilty of an offence and is liable on conviction to a fine at level 4 and to a further fine of $2,500 for each day or part of a day during which the failure continues after the expiry of the period specified in the direction.";
  • in subsection (8)--
  1. by repealing "(7)" and substituting "(7)(a) or (b)";
  2. by adding "or fire safety improvement direction, as the case may be," after "direction" where it first appears;
  3. by adding "or building" after "premises" where it twice appears.

7.Magistrate may make fire safety compliance orders or fire safety improvement compliance orders

Section 6 is amended--

    1. in subsection (1)--
      1. by adding "or a specified commercial building" after "premises";
      2. by repealing "5(7)" and substituting "5(7)(a) or (b)";
      3. by adding "or fire safety improvement compliance order, as the case may be," after "order";
      4. by adding "or fire safety improvement direction, as the case may be," after "direction";
    2. in subsection (2), by adding "or fire safety improvement compliance order" after "order" where it first appears;
    3. by repealing subsection (3) and substituting--
        4. "(3) A fire safety compliance order or fire safety improvement compliance order replaces the relevant fire safety direction or fire safety improvement direction, as the case may be, relating to those premises or buildings.";
    4. in subsection (4)--
      1. by adding "or building" after "premises";
      2. by adding "or fire safety improvement compliance order, as the case may be," after "order";
    5. in subsection (5), by adding "or building" after "premises";
    6. in subsection (6)--
      1. by adding "or fire safety improvement compliance order" after "order" where it first appears;
      2. by adding "or building" after "premises";
    7. by renumbering subsection (8) as subsection (8)(a);
    8. in subsection (8), by adding--

"(b)

An owner or occupier of a specified commercial building who fails to comply with a fire safety improvement compliance order is guilty of an offence and is liable on conviction to a fine at level 5 and to a further fine of $5000 for each day or part of a day during which the failure continues after the expiry of the period specified in the order.".

8. Section added

The following is added--

"7A. District Court may make orders prohibiting occupation of a specified commercial building

    1. An enforcement authority may apply to the District Court for an order under this section in respect of a specified commercial building on the ground that a requirement of a fire safety improvement direction or a fire safety improvement compliance order is not being, or has not been, complied with in relation to the building.
    2. An application under this section may be made at any time after the period for complying with the relevant fire safety improvement direction or the relevant fire safety improvement compliance order has expired and not before.
    3. An application under this section may be made by both enforcement authorities acting jointly.
    4. An enforcement authority must give at least 7 days' notice to the owner or occupier of the building concerned before making an application under this section.
    5. The procedure for hearing and determining an application under this section is to be in accordance with rules of court made under the District Court Ordinance (Cap. 336).
    6. On the hearing of an application under this section, the District Court may make an order prohibiting the occupation of the specified commercial building, but only if it is satisfied that--
        1. the owner or occupier of the building has failed to comply with a requirement specified in a fire safety improvement direction or a fire safety improvement compliance order;
        2. it is reasonable to expect the owner or occupier to comply with the requirement;
        3. the time allowed for complying with the requirement is reasonable; and
        4. it is reasonable and necessary in the circumstances to make the order.".

      9.Effect of use restriction order

      Section 8(1) is amended by adding "prescribed commercial" before "premises" where it first appears.

      10.Section added

      The following is added--

      "8A. Effect of prohibition order

        1. While a prohibition order is in force in respect of a specified commercial building--

          (a)

          (i)

          save with the permission in writing of the enforcement authority, no person, other than an authorized officer in the course of his duty shall occupy the building;
          　

          (ii)

          where he thinks fit, the enforcement authority may, subject to such conditions as he thinks fit, by notice in writing permit any person to occupy the building; or
          　

          (iii)

          any permission granted under paragraph (ii) may be cancelled by the enforcement authority at any time and for any reason; and

          (b)

          the owner of the building and, if the owner is not the occupier, the occupier of the building must take all practicable steps to ensure that any of the requirements in paragraph (a) is complied with.
          1. A prohibition order takes effect--

        (a)

        28 days after the date on which it is served on the owner or occupier of the building concerned; or

        (b)

        if that owner or occupier appeals against the order, when the appeal is finally rejected or is withdrawn.
        1. Despite subsection (2), the District Court may, if of the opinion that in the particular circumstances it is appropriate to do so, direct a prohibition order to come into force from the date on which the order is served on the owner or occupier of the building concerned or from a later date that is before the end of the 28-day period referred to in subsection (2)(a).
        2. A prohibition order remains in force until it is discharged under section 12(5), is revoked under section 13 or the building concerned cease to exist, whichever first occurs.
        3. In subsection (2)(b), a reference to an appeal includes a reference to an appeal from a decision determining the appeal.".

      11.Offence in relation to the contravention of use restriction order or prohibition order

      Section 9 is amended--

        1. by renumbering it as section 9(1);
        2. by adding--

      "(2)A person who, without reasonable excuse, contravenes section 8A(1) is guilty of an offence and is liable on conviction to a fine of $250,000 and to imprisonment for 3 years and to a further fine of $25,000 for each day or part of a day during which the contravention continues.".

      12. Copy of use restriction order or prohibition order to be posted at entrances to affected premises or building

      Section 10 is amended--
          1. in subsection (1)--
            1. by adding "or prohibition order" after "restriction order";
            2. by adding "or a building" after "of premises";
            3. by adding "or building" after "the premises";
            4. by adding "inside those premises or building" after "it";
            5. by adding "or the building" after "those premises";
          2. in subsection (3)--
            1. by adding "or prohibition order" after "restriction order";
            2. by adding "or a building" after "premises";
          3. in subsection (4)--
            1. by adding "or prohibition order" after "restriction order";
            2. by adding "or a building" after "of premises";
            3. by adding "or building" after "the premises".

      13. Power to remove persons from premises or buildings, etc.

      Section 11 is amended--

        1. in paragraph (a)--
          1. by adding "or a building" after "premises";
          2. by adding "or prohibition order, as the case may be," after "order";
          3. by adding "or 8A(1)" after "8(1)";
        2. in paragraph (b), by adding "or building" after "premises".

    14. Owner or occupier of premises or building may request certificate of compliance

    Section 12 is amended--

      1. in subsection (1)--
        1. by adding "or prohibition order, as the case may be," after "a use restriction order";
        2. by adding "or a building" after "of premises";
        3. by adding "or building" after "the premises";
        4. by repealing "or fire safety compliance order" and substituting ", fire safety improvement direction, fire safety compliance order or fire safety improvement compliance order, as the case may be,";
        5. by repealing "the use restriction" and substituting "the";
      2. in subsection (2) by repealing "or fire safety compliance order" and substituting ", fire safety improvement direction, fire safety compliance order or fire safety improvement compliance order, as the case may be,";
      3. in subsection (3)--
        1. by adding "or a building" after "premises";
        2. by adding "or prohibition order" before "is in force";
        3. by repealing "or fire safety compliance order" and substituting ", fire safety improvement direction, fire safety compliance order or fire safety improvement compliance order, as the case may be,";
        4. by repealing "the use restriction" and substituting "the";
      4. in subsections (4) and (5), by repealing "use restriction";
      5. in subsection (6), by adding "or building" after "premises".

15.Right to apply to District Court for revocation of use restriction order or prohibition order

Section 13 is amended--

    1. in subsection (1)(a)--
      1. by repealing "an owner or occupier of prescribed commercial premises" and substituting "the relevant owner or occupier";
      2. in subsection (1), by repealing "relating to the premises" and substituting "or prohibition order relating to the premises or building, as the case may be";
    2. in subsection (3)--
      1. by adding "or prohibition order" after "restriction order";
      2. by repealing "or fire" and substituting ", fire safety improvement direction, fire";
      3. by adding "or fire safety improvement compliance order, as the case may be," before "have".

16.Power to enter premises or building and other powers of authorized officers

Section 15 is amended--

    1. in subsection (1)--
      1. by adding "or a building" before "without";
      2. by adding "or building" before "are";
      3. by adding "or a specified commercial building" after "commercial premises";
      4. by adding "or buildings" after "those premises";
    2. by repealing subsection (2) and substituting--
        3. "(2)An authorized officer may also enter and inspect prescribed commercial premises or a specified commercial building without warrant in order to ascertain whether or not a fire safety direction, fire safety improvement direction, fire safety compliance order or fire safety improvement compliance order, as the case may be, made in respect of the premises or building has been complied with.";
    3. in subsection (3)(a)--
      1. by adding "or a building" after "to premises";
      2. by adding "or building" after "the premises";
    4. in subsection (3)(b), by adding "or building" after "premises";
    5. in subsection (3), by adding "or building" before "with such force";
    6. in subsection (4), by adding "or an unoccupied building" after "premises".

17.Authorized officer may request information about ownership or occupation of premises or building

    Section 16(1) is amended by adding "or an owner or occupier of a specified commercial building" after "carried on".

18.Section added

The following is added--

"24A. Amendment of Schedule 4

The Secretary for Security may by order published in the Gazette amend Schedule 4.".

19.Schedule 2 amended

Schedule 2 is amended--

    1. by repealing the heading and substituting--

      2. "FIRE SAFETY MEASURES TO BE COMPLIED WITH BY OWNERS OF PRESCRIBED COMMERCIAL PREMISES";

    2. in the heading of and in section 1, by repealing "safety" and substituting "service";
    3. in section 2(1)(b), by repealing "�Uuml;�otilde;" and substituting"耐�otilde;".

20.Schedule 3 amended

Schedule 3 is amended--

    1. by repealing the heading and substituting--

      2. "FIRE SAFETY MEASURES TO BE COMPLIED WITH BY OCCUPIERS OF PRESCRIBED COMMERCIAL PREMISES";

    2. in the heading of and in section 1, by repealing "safety" and substituting "service".

21.Schedules added

The following is added--

"SCHEDULE 4 [ss. 3, 4 & 24A]

Specified Commercial Building

Definition

A specified commercial building means any commercial building--

    1. being a building 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.) on or before 23 March 1973; or
    2. constructed on or before 23 March 1973.

--------------------

SCHEDULE 5 [s. 5]

Fire Safety Measures to be Complied with by Owners of Specified Commercial Buildings

The owners of a commercial building may be required to--

    1. provide or improve the following fire service installations and equipment--
    1. emergency lighting within the common areas of a commercial building so as to facilitate the evacuation of occupants of the building in the event of a power failure;
    2. an automatic cut-off device for the mechanical ventilating system to limit the spread of smoke through the ventilating system, where one is provided (only if the system forms an integral part of the commercial building and also serves other separately occupied areas or parts of that building);
    3. a manual fire alarm system to alert occupants of the building in the event of fire;
    4. a fire hydrant and hosereel system as a source of water supply for fire fighting;
    5. an automatic sprinkler system with or without a direct link to the Fire Services Department, to control the spread of fire and sound an alarm; and
    6. fire service installations and equipment in accordance with the requirements specified in the Code of Practice for Minimum Fire Service Installations and Equipment 1994, as published by the Director of Fire Services and printed by the Government Printer,

and the detailed specifications and requirements of the installations and equipment under subparagraphs (i) to (v) are set out in the Code of Practice for Minimum Fire Service Installations and Equipment 1994, as published by the Director of Fire Services and printed by the Government Printer. An owner of an individual unit of the commercial building may be required by the Director of Fire Services to integrate the fire service installations and equipment in his unit with those fire service installations and equipment in other parts of the commercial building;

  1. ensure that the following construction requirements are met--

(i)

a means of escape--
　

(A)

to improve staircases in terms of their width and number;
　

(B)

to protect exit routes and staircases with separating walls of adequate fire resisting construction;
　

(C)

to improve exit arrangement in terms of exit from rooms, storeys and ground storeys, access to staircases, direct distance or travel distance;
　

(D)

to provide fire doors;

(ii)

a means of access for firefighting and rescue--
　

(A)

to improve at least one of the existing lifts; or
　

(B)

to install a new lift,

up to the standard of the fireman's lift;

(iii)

fire resisting construction--
　

(A)

to improve fire resistance of external walls and the protection of openings therein to inhibit the spread of fire to adjoining buildings;
　

(B)

 to provide suitable fire resisting separation between different parts in a building;

　

(C)

to provide smoke vents to basements,

and the detailed requirements on the design, construction or installations of fire safety measures in relation to building structure are set out in the following Codes of Practice published by the Director of Buildings--

(i)

the Code of Practice for the Provision of Means of Escape in Case of Fire 1996;

(ii)

the Code of Practice for Fire Resisting Construction 1996; and

(iii)

the Code of Practice for Means of Access for Firefighting and Rescue 1995.
　 　

--------------------

SCHEDULE 6 [s. 5]

Fire Safety Measures to be Complied with by Occupiers

of Specified Commercial Buildings

1. Provision of fire service installations and equipment

The occupiers of the individual units of a commercial building may be required to provide the following fire service installations and equipment--

  1. emergency lighting within each separately occupied area located within a commercial building so as to facilitate the evacuation of occupants of the area in the event of a power failure;
  2. an automatic cut-off device for the mechanical ventilating system to limit the spread of smoke through the ventilating system, but only if the system does not serve other separately occupied areas of the building and the system--
    1. has a capacity to process air at a rate exceeding 1 cubic metre per second; or
    2. serves more than one fire compartment within the building,

and the detailed specifications and requirements of the above installations and equipment are set out in the Code of Practice for Minimum Fire Service Installations and Equipment 1994, as published by the Director of Fire Services and printed by the Government Printer.

2. Definition

In this Schedule, "fire compartment" (防�otilde;間) has the same meaning as in Schedule 3.".

Explanatory Memorandum

The main purposes of this Bill are to--

  1. add and amend certain definitions in the Fire Safety (Commercial Premises) Ordinance (19 of 1997) ("the Ordinance") (clause 4);
  2. extend the application of the Ordinance to specified commercial buildings (clause 5);
  3. require the owners or occupiers of specified commercial buildings to comply with certain fire safety measures (clause 6);
  4. empower a magistrate to make a fire safety improvement compliance order (clause ;
  5. empower the District Court to make a prohibition order regarding a specified commercial building (clauses 8 and 10);
  6. empower police officers to remove a person from a commercial building if he is in contravention of a prohibition order (clause 13);
  7. provide for the right to apply to District Court for the revocation of a prohibition order (clause 15).