BOILERS ORDINANCE, 1909

BOILERS ORDINANCE, 1909

No. 22 of 1909, incorporated in No. 2 of 1892,
repealed by No. 13 of 1925.

No. 23 of 1909, repealed by No. 4 of 1914.

No. 24 of 1909, repealed by No. 43 of 1912,
Supp. Sched.

No. 25 of 1909, incorporated in No. 5 of 1893,
repealed by No. 21 of 1927.

No. 26 of 1909, repealed by No. 43 of 1912,
Supp. Sched.

No. 27 of 1909, repealed by No. 9 of 1911.

No. 28 of 1909, repealed by No. 10 of 1910.

No. 29 of 1909, disallowed.

No. 30 of 1909, repealed by No. 9 of 1911.

No. 31 of 1909, repealed by No. 8 of 1912.

No. 32 of 1909.

An Ordinance to provide for the periodical inspection of
steam-boilers and for purposes connected therewith.

[29th October, 1909.]

1. This Ordinance may be cited as the Boilers Ordinance,
1909.

2. In this Ordinance-

(a) ' Accident ' includes an explosion of a boiler and any
damage to a boiler or any part thereof calculated to weaken it
and render it liable to explode;

The provisions of this Ordinance, which are set out in full in the Schedule
to the Law Revision Ordinance, 1939, have been rearranged, amplified
and re-enacted.





(b) ' Boiler ' means any closed vessel whose total content
exceeds one cubic foot and which is used expressly for generating
steam under pressure, for use outside such vessel, and includes
any fitting attached to such vessel and wholly or partly under
pressure when steam is shut off, and also, in the case of a boiler
installed in the Colony, any pipe through which steam passes
directly from a boiler to a prime mover or other first user;

(c) ' Certificate of fitness ' means a certificate by an in-
spector, in a form prescribed by regulations, that a boiler is in
good condition and that the provisions of this Ordinance and
any regulations have been complied with in respect of such
boiler;

(d) Competent person ' means a person approved by an
inspector as competent to be in charge of the operation of a boiler
and named in the certificate of fitness relating to such boiler;

(e) '' Inspecting authority ' means any society which or
person whom the Governor in Council may approve as competent
to grant a certificate of inspection in respect of boilers constructed
outside, for use in, the Colony;

(f) ' Inspector ' means a person appointed by the Governor
to be an inspector of boilers for the purposes of this Ordinance

(g) 'Owner' includes a body corporate and a firm, and
also the hirer of any boiler and the agent of the owner or hirer
of any boiler;

(h) ' Regulations ' means regulations made by the Gover-
nor in Council under this Ordinance.

3. The Governor may appoint such inspectors as he thinks
necessary for the execution of this Ordinance and may assign
them their duties, and may regulate the cases and manner in
which they are to perform the duties of inspectors under this
Ordinance, and may remove such inspectors.

4.-(1) Every inspector shall for the purposes of this Ordin-
ance have power to do all or any of the following things-

(g) to enter at all reasonable times, by day and night, any
premises in or upon which he has reasonable cause to believe
that any boiler may be, and to inspect and examine any boiler
and every part thereof;





(b) subject to the provisions of this Ordinance, to grant,
suspend and revoke any certificate of fitness in respect of any
boiler;

(c) to require the production of any certificate and any
document kept in pursuance of this Ordinance or any regulations,
and to inspect, examine and copy such certificate or document;

(d) to make such examination and inquiry as may be
necessary to ascertain whether the provisions of this Ordinance
and of any regulations are complied with as respects any boiler;
and

(e) to exercise such other powers as may be necessary for
giving effect to the provisions of this Ordinance.

(2) The owner of every boiler and his servants shall furnish
the means required by an inspector as necessary for any entry,
inspection, examination, inquiry or the exercise of his powers
under this Ordinance in relation to such boiler.

(3) If any.person wilfully delays an inspector in the exercise
of any power under this section or fails to comply with the
requisition of an inspector in pursuance of this section, or to
produce any certificate or document which he is required by or
in pursuance of this Ordinance to produce, he shall be deemed
to obstruct an inspector in the execution of his duties, and to be
guilty of an offence, under this Ordinance.

5. The Governor in Council may make regulations with
respect to any of the following matters or for any of the following
purposes-

(1) the design and construction of boilers and the mater is
of which boilers shall be made;

(2) the use, management and maintenance of boilers

(3) restricting pressures in boilers and prescribing methods
of determining such pressures;

(4) the registration and numbering of boilers

(5) the inspection and examination of boilers;

(6) defining the duties and powers of inspectors;

(7) the grant, suspension and revocation of certificates in
respect of boilers and persons employed in connexion therewith ;





(8) the effect which is to be given in the Colony to
certificates of inspection granted by inspecting authorities in
respect of boilers constructed outside the Colony;

(9) prescribing qualifications to be possessed by persons
employed, in connexion with boilers and providing for the
examination of such persons;

(10) imposing obligations for secur ing compliance with the
provisions of this Ordinance or of any regulations upon owners
of boilers, their servants and persons employed in connexion with
boilers;

(11) pr escribing means of preventing accidents and requiring
notifications to be made in relation to accidents;

(12) prescribing the forms to be used in carrying out the
provisions of this Ordinance and of any regulations;

(13) the payment of fees;

(14) exempting boilers or persons from the operation of this
Ordinance or any part thereof; and

(15) generally, for the control of boilers and the purposes
of this Ordinance.

6.-(1) No person shall use or operate any boiler, or permit
any boiler to be used or operated, unless a certificate of fitness
under this Ordinance has been duly issued in respect thereof
and except in accordance with any terms or conditions indorsed
on or attached to such certificate, or if such a certificate has been
issued, after the expiration of the period for which it is expressed
to be valid or while such certilicate is suspended or after it has
been revoked.
(2) No person shall operate any boiler unless he is a com-
petent person named in the certificate of fitness granted in respect
of such boiler.

(3) No person shall permit any boiler to be used or operated
by any other than a competent person named in the certificate of
fitness granted in respect of such boiler.

7. If the owner of a boiler gives notice to an inspector of
his desire to have it inspected, at the same time paying the fee
prescribed by regulations for such inspection, the inspector shall,





subject to any regulations relating to certificates of inspection
granted by inspecting authorities in respect of boilers constructed
outside the Colony, make a thorough examination of the boiler
and every part thereof at a time to be appointed by him, between
sunrise and sunset, and within a reasonable period after such
notice.

8. If the inspector after making such examination is satisfied
that a certificate of fitness may properly be granted in respect of
any boiler, he shall deliver or cause to be delivered to the owner
thereof such a certificate, authorizing the use of the boiler for a
period not exceeding twelve months.

9.-(1) Any inspector may suspend or revoke any certificate
of fitness if on inspection or examination of the boiler in respect
of which it was granted he is satisfied that-

(a) the certificate was fraudulently obtained or improperly
granted; or

(b) the boiler or any part thereof has sustained material
damage or is not in good condition or, contrary to the provisions
of this Ordinance or any regulations, has been altered, added to
or renewed; or

(c) the pressure of steam used in the boiler is at any time
greater than is prescribed in the certificate; or

(d) in any other case, the provisions of this Ordinance or
of any regulations are not complied with in respect of the boiler.

(2) The suspension or revocation of a certificate of fitness
shall be indorsed on the certificate and signed by an inspector,
but if it is not immediately practicable to make such indorsement
and it is necessary in the inspector's opinion for the protection
of life or property to stop the operation of the boiler, he may
give notice of such suspension in writing, conspicuously posted
at the place where the boiler may be, and on the posting of such
notice the certificate shall be deemed to be suspended ; and the
inspector may also if he thinks fit take such steps as may be
necessary to procure the immediate stoppage of the operation of
the boiler.

(3) After any certificate of fitness has been suspended or
revoked any inspector may, on notice being given to him by
the owner that he desires to have the boiler reinspected, inspect





or examine the boiler and, if he is satisfied that it is in good
condition and that the requirements of this Ordinance and of
any regulations are complied with in respect of the boiler, may,
on payment of the appropriate fee prescribed by regulations,
restore the certificate by an indorsement in that behalf or grant
a new certificate.

10. Any person aggrieved by the refusal of an inspector to
grant, or by the suspension or revocation by an inspector of, a
certificate of fitness may appeal to an arbitrator appointed by the
Governor, and the arbitrator's decision shall be final.

11-(1) No person shall make or cause to be made any
alteration or renewal of or any addition to any boiler in respect
whereof a certificate of fitness is in force, unless the owner of
the boiler bas first given notice of his intention to make such
addition, alteration or renewal to an inspector and has obtained
his assent thereto indorsed on the certificate.

(2) Such assent may be unqualified or, in the inspector's
discretion, subject to a condition that the boiler shall not be
operated for a specified period or until it has been reinspected
or re-examined, and the certificate of fitness shall be deemed to
be suspended for such period or, as the case may be, until the
additions, alterations or renewals have been completed to the
satisfaction of an inspector and an inspector has reinspected or
re-examined the boiler and restored the certificate.

(3) On receipt of notice from the owner of any boiler that
any alteration or renewal thereof or any addition thereto has been
completed, an inspector shall forthwith reinspect or re-examine
the boiler.

(4) Nothing in this section shall prevent the operation of
any boiler at any time if such operation he necessary for the
protection of life or property.

12. The owner or the person in charge of any boiler shall,
if-

(1) any accident occurs to the boiler; or

(2) he becomes aware of any defect in the boiler likely to
cause danger to life or property'

with the least possible delay make a report to an inspector, and





thereupon the inspector shall examine the boiler and investigate
the circumstances of any such accident.

13. Every person who acts in contravention of or fails to
comply with the provisions of this Ordinance or of any regula-
tions shall be guilty of an offence and shall be liable on summary
conviction thereof to a fine not exceeding one thousand dollars.

14. No legal proceeding of any kind whatsoever, civil or
criminal, shall without the permission of the Governor be brought
against any inspector-or any inspecting authority in respect of
any act done in pursuance or execution or intended execution of
this Ordinance, or in respect of any alleged neglect or default in
the execution of this Ordinance.

15. This Ordinance shall not apply-

(1) to any boiler used, adapted or intended to be used only
on board any ship, boat or other vessel ;

(2) to any boiler which is the property of the Crown.

No. 33 of 1909, incorporated in No. 15 of 1908.
No. 34 of 1909, incorporated in No. 4 of 1897.

No. 35 of 1909, repealed by No. 16 of 1923.

No. 36 of 1909, incorporated in No. 2 of 1870,
repealed by No. 29 of 1936.


No. 37 of 1909, incorporated in No. 7 Of 1889.
[Originally No. 32 of 1909. Law Rev. Ord., 1939.] Short title. Interpretation. Appointment and duties of inspectors. Powers of inspectors. Regulations. Prohibition of use, etc., of boiler without certificate. Inspector to examine boiler on notice. Certificate of fitness. Suspension or revocation of certificate of fitness. Appeals from inspector's decision as to certificate of fitness. Alterations and renewals of and additions to boilers. Accidents to, and dangerous defects in, boilers to be reported. Offences and penalties. Protection of inspector and inspecting authorities. Savings.

[Originally No. 32 of 1909. Law Rev. Ord., 1939.] Short title. Interpretation. Appointment and duties of inspectors. Powers of inspectors. Regulations. Prohibition of use, etc., of boiler without certificate. Inspector to examine boiler on notice. Certificate of fitness. Suspension or revocation of certificate of fitness. Appeals from inspector's decision as to certificate of fitness. Alterations and renewals of and additions to boilers. Accidents to, and dangerous defects in, boilers to be reported. Offences and penalties. Protection of inspector and inspecting authorities. Savings.

https://oelawhk.lib.hku.hk/items/show/1504

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