STEAM BOILERS ORDINANCE

STEAM BOILERS ORDINANCE

CHAPTER 56.

STEAM BOILERS.

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 Steam Boilers

Ordinance.

2. In this Ordinance-

'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 or collapse;

'boiler' means any closed vessel in which for any purpose steam is
generated under pressure greater than atmospheric pressure and
includes any economizer used to heat water being fed into such
vessel, any superheater used for heating steam, and any fitting
directly attached to such vessel and wholly or partly under
pressure when steam is shut off;

'certificate of fitness' means a certificate by an inspector, in a form
prescribed by regulations, that a boiler is in good condition and
dat the provisions of this Ordinance and any regulations have
been complied with in respect of such boiler;

'competent person' means a person in possession of a certificate of
competence as a boiler attendant issued under regulations made
hereunder;

'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 for use
in the Colony;

'inspector' means a person appointed by the Governor to be an
inspector of boilers for the purposes of this Ordinance;

'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;

'regulations' means regulations made by the Governor 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 Ordinance
have power to do all or any of the following things-

(a)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.

5. The Governor in Council may by regulations prescribe or
provide for





(a)the design and construction of boilers and the material of
which boilers shall be made;

(b) the use, management and maintenance of boilers;

(c)restricting pressures in boilers and prescribing methods of
determining such pressures.,

(d) registration and numbering of boilers;

(e) inspection and examination of boilers;

(f) defining the duties and powers of inspectors;

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

(h)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;

(i)qualifications to be possessed by persons employed in
connexion with boilers and the examination of such persons;

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

(k)means of preventing accidents and requiring notifications to
be made in relation to accidents

(l) forms and fees;

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

(n)generally, 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

such certificate is suspended or after it has been revoked.

(2) No person shall operate any boiler unless he is a competent
person.

(3) No person shall permit any boiler to be used or operated by
any other than a competent person.





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, it a time to
be appointed by him, between sunrise and sunset, and within a
reasonable period after such notice.

8. It 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
fourteen 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 has first given
notice of this 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 within forty-eight hours reinspect or re-
examine the boiler.

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





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

(a) amr accident occurs to the boiler; or

(b)he becomes aware of any, defect in the boiler likely to cause
flanger to life or property, or similar defect in any connected
installation burning on, liquid fuel or gas,

shall forthwith cause the boiler to be relieved of all steam pressure, and
with the least possible delay make a report to the Commissioner of
Labour and to a boiler inspector who shall examine the boiler, and in
the event of such accident investigate the circumstances of such
accident.

13. (1) Any person who acts in contravention of or fails to comply
with the provisions of this Ordinance shall be guilty of an offence and
shall be liable on summary conviction thereof to a fine of two
thousand dollars.

(2) Regulations under section 5 may provide that a contravention
of any such regulation shall be an offence and may prescribe penalties
therefor: Provided that no penalty so prescribed shall exceed a fine of
two 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-

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

(b) to any, boiler which is the property of the Crown

(c)to the boiler of any locomotive belonging to or used by the
Kowloon Canton Railway, subject to such conditions as the
Commissioner of Labour may from time to time impose;

(d)to any boiler used solely, for domestic purposes, if such
boiler is not used in any way for the purpose of gain or
trade.
Originally 32 of 1909. Fraser 32 of 1909. 22 of 1950. 24 of 1950. Short title. 24 of 1950. Schedule. Interpretation. 24 of 1950, Schedule. 24 of 1950, schedule. 24 of 1950, Schedule. 24 of 1950. Schedule. Appointment and duties of inspector's powers of inspectors. Regulations. Prohibition of use, etc., of boiler without certificate. 24 of 1950, Schedule. Inspector to examine boiler on notice. Certificate of fitness. 24 of 1950, Schedule. Suspension or revocation of certificate of fitness. Appeals from inspector's decision. Alterations and renewals of and additions to boilers. 24 of 1950, Schedule. Accidents to, and dangerous defects in, boilers to be reported. 24 of 1950, Schedule. Offences and penalties. 22 of 1950, Schedule. Protection of inspector and inspecting authorities. Savings. 24 of 1950, Schedule.

Originally 32 of 1909. Fraser 32 of 1909. 22 of 1950. 24 of 1950. Short title. 24 of 1950. Schedule. Interpretation. 24 of 1950, Schedule. 24 of 1950, schedule. 24 of 1950, Schedule. 24 of 1950. Schedule. Appointment and duties of inspector's powers of inspectors. Regulations. Prohibition of use, etc., of boiler without certificate. 24 of 1950, Schedule. Inspector to examine boiler on notice. Certificate of fitness. 24 of 1950, Schedule. Suspension or revocation of certificate of fitness. Appeals from inspector's decision. Alterations and renewals of and additions to boilers. 24 of 1950, Schedule. Accidents to, and dangerous defects in, boilers to be reported. 24 of 1950, Schedule. Offences and penalties. 22 of 1950, Schedule. Protection of inspector and inspecting authorities. Savings. 24 of 1950, Schedule.

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