BOILERS AND PRESSUER VESSELS ORDINANCE

BOILERS AND PRESSUER VESSELS ORDINANCE

LAWS OF HONG KONG

BOILERS AND PRESSURE VESSELS
ORDINANCE

CHAPTER 56





CHAPTER 56

BOILERS AND PRESSURE VESSELS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title and commencement .................... ................................................. 4

PART 1

INTERPRETATION AND APPLICATION

2.......................Interpretation ................................................. 4

3..........Application ................................... ................................................. 7

PART 11

APPOINTMENT OF AUTHORITY, ETC.,
KEEPING OF REGISTERS, CERTIFICATES OF
COMPETENCY,
BOARDS OF INQUIRY AND EXEMPTIONS

4..............................Authority and authorized officers .......................... 8

5. Appointment, etc. of boiler inspectors, air receiver inspectors and pressurized

fuel container inspectors ...........9

5A......................Revocation and suspension of appointment ................................................. 9

6.......................................Certificates of competency 10

7. Authority to keep certain registers, and particulars to be entered in register of

boilers and pressure vessels .........10
8.......................................Inquiries into accidents in boilers and pressure vessels 12

9. Power of Authority to exempt individual boilers or pressure vessels from

provisions of Ordinance .............13

10. Power of Authority to exempt classes or types of boiler or pressure vessel from

provisions of Ordinance .............14

PART 111

REGISTRATION OF BOILERS, PRESSURE VESSELS AND STEAM
CONTAINERS

Boilers, pressure vessels (other than pressurized fuel containers)
and steam containers

11-12....................................(Repealed) 14

13. Documents to be delivered to Authority in respect of new boilers and pressure

vessels .............................14

14.......................................Documents to be delivered to Authority in respect of new steam containers 15
15.......................................Documents to be certified by appointed examiner 15
15A......................................Owner of new boiler, pressure vessel etc. to apply for registration 15






16.......................................Registration of boilers and pressure vessels, etc . 15

17.................................Authority to be notified of sale or hiring of boilers, etc . ........ is

18. Power of Authority to require details of boilers or pressure vessels to be

delivered to him ........................... 16

18A. Codes of Practice.......................................................................................................
... 16





Section.................................... Page
Pressurized fuel containers
19. Authority to be notified of pressurized fuel containers that are being used 16
20. Registration of pressurized fuel containers, etc . 17
21. Authority to be notified of sale of pressurized fuel container, etc . 17

PART IV

MAINTENANCE AND EXAMINATION OF BOILERS, PRESSURE VESSELS AND
STEAM CONTAINERS, AND CONTROL OF USE AND OPERATION THEREOF

22. Maintenance of boilers and pressure vessels, boiler-houses and fire-fighting
appliances, etc . ...1 ............17
23...................................(Repealed) 18
24...New boilers and pressure vessels to be examined before being put into use 18
25. Boilers and steam receivers to be used in new premises to be examined before
being put into use ................. is
26. Boilers and pressure vessels to which extensive repairs, etc. have been made to
be examined before being again put into use is
27..............Periodic examination of boilers and pressure vessels 18
28..........................Examination of steam containers ....................................... 20
29.Examination of new fuel burning installations and heaters fitted therein, etc. 20
30........Steam or water pipes to be hydraulically tested in certain cases 20
31..............Periodic examination of pressurized fuel containers 21

32. Power of Authority to prohibit use and operation of boiler or pressure vessel
in certain cases, and procedure thereafter 21
33........................Issue of certificates of fitness 22
34...Appeals from refusal of appointed examiner to issue certificate of fitness 23
35.............Procedure on examination of pressurized fuel container 24

36. Appeals from decision of appointed examiner on examination of pressurized
fuel container ...................24

PART V
PROVISIONS AS TO PREPARATION FOR, PROCEDURE ON, AND METHOD OF,
EXAMINATION OF BOILERS, STEAM RECEIVERS AND AIR RECEIVERS, AND
AS TO PRESSURE ACCUMULATION TESTS AND HYDRAULIC TESTS
37..................Preparation of boilers, etc. for examination 25
38..............Procedure on, and method of, examination of boilers 25
39..........Procedure on, and method of, examination of steam receivers 27
40...........Procedure on, and method of, examination of air receivers 29
41....Examination of pipes of new boilers, steam receivers or steam containers 30
42. Procedure where, on certain examinations of boiler, etc., appointed examiner
is not satisfied as to condition of steam or water pipes 30
43..........................Pressure accumulation tests 31
44................................Hydraulic tests 32

45. Appointed examiner examining boiler, etc. under maximum permissible
working pressure to set safety valve 33
46. (Repealed)......................................................................................................................
..........................................33





Section Page

PART VI

INITIAL DETERMINATION OF MAXIMUM PERMISSIBLE WORKING
PRESSURE OF
BOILERS AND PRESSURE VESSELS

47. Initial determination of maximum permissible working pressure of boilers and

pressure vessels ..................33

48. Appeals from determination of appointed examiner as to maximum

permissible working pressure of boiler or pressure vessel 34
48A.....................................Variation by Authority of determination of appointed examiner 34

PART VII
OFFENCES AND PENALTIES
49......................................Offences in relation to use and operation of boilers or pressure vessels 35

50. Contravention of certain provisions of Ordinance to be an offence and penalty

therefor .................
.................................................................... 36

51. Owner of boiler or pressure vessel to be guilty of offence in event of
Contravention

of certain provisions of Ordinance or of certain conditions 36
52......................................Persons not to enter or be in certain boilers 36
53......................................Offences in relation to use and operation of portable gas generators, etc . 37

54.............................Offences in relation to Boards of Inquiry ..........................
37
55.............................Miscellaneous offences and penalties therefor ............ 37

56......................................Corruption 38
57......................................(Repealed) 39

PART VIII

SUPPLEMENTARY AND MISCELLANEOUS

58......................................Approval of pressurized fuel containers 39
59......................................Portable gas generators 39

60............(Repealed) ..............................................................
39

61. Owner of boiler, etc. to deliver latest certificate of fitness to examiner before

next examination ..................40

62. Certificate of fitness to be kept in premises at which boiler or pressure vessel in

respect of which it was issued is installed 40

63. Provisions as to notification of accidents and defects in boilers and pressure

vessels ..............................40
64......................................Limitation of public liability and of personal liability of public officers 41

65............Regulations ...............................
.................................................................. 41







66.............................Powers of Authority and inspectors, etc . ......................... 41

67......................................Power of Authority to prescribe forms 43

68.............................Service of orders and notices ..........................
43

69......................................Prosecution of offences 43
70......................................Saving of certain Ordinances 43





CHAPTER 56

BOILERS AND PRESSURE VESSELS

To control the use and operation of boilers and pressure vessels, to provide for the
holding of inquiries into accidents in or to boilers and pressure vessels and to
provide for matters connected with the purposes aforesaid. (Amended 67 of
1978 s. 2; 87 of 1988 s. 34)

[1 March 19631 L.N. 18163

Originally 38 of 1962 11 of 1965, 60 of 1967, 93 of 1970, 73 of 1977, 67 of 1978, R. Ed.
1978, L.N. 377181, 18 of 1982, 87 of 1988

Short title and commencement

1. (1) This Ordinance may be cited as the Boilers and Pressure Vessels
Ordinance. (Amended 87 of 1988 s. 2)

(2) Sections 19, 20, 21, 31, 49(3) and 50(3) shall not come into operation until
the day appointed for their commencement by the Governor by Proclamation in the
Gazette.

PART 1

INTERPRETATION AND
APPLICATION

Interpretation

2. (1) In this Ordinance, unless the context otherwise requires-

'accident' means an explosion of a boiler or pressure vessel and also means any
damage or other occurrence to or in a boiler or pressure vessel or any part of a
boiler or pressure vessel that weakens the boiler or pressure vessel and renders
it liable to explode or collapse or is calculated to weaken it and render it liable to
explode or collapse; (Amended 87 of 1988 s. 33)

'air receiver' means

(a)any vessel (other than a pipe or coil, or an accessory fitting or part of a
compressor) for containing compressed air and which is connected with
an air compressing plant;

(b)any fixed vessel for containing compressed air or compressed exhaust
gases that is used for the purpose of starting an internal combustion
engine;

(c)any fixed or portable vessel (not being part of a spraying pistol) used for
the purpose of spraying, by means of compressed air, any paint, varnish,
lacquer or similar material; and

(d) any pressurized fuel container; (Amended 87 of 1988 s. 31)

'air receiver inspector' means a person who has been appointed under section 5(1)
to be an air receiver inspector and whose appointment to be an air receiver
inspector has not been suspended; (Amended 87of 1988s.3)





'appointed examiner' means

(a)in the case of a boiler or pressure vessel, other than an air receiver, and its
auxiliary equipment, a boiler inspector;

(b)in the case of an air receiver, other than a pressurized fuel container, and
its auxiliary equipment, a boiler inspector or an air receiver inspector;

(c)in the case of a pressurized fuel container, a boiler inspector, an air
receiver inspector or a pressurized fuel container inspector; (Amended 87
of 1988 ss. 31 33)

'Authority' means the public officer appointed under section 4(1) to be the Boilers
and Pressure Vessels Authority; (Added 87 of 1988 s. 3)

,,authorized officer' means a public officer authorized under section 4(3);

(Added 87 of 1988 s. 3)

,,auxiliary equipment means every pipe, fitting and attachment connected to or with
a boiler or pressure vessel, as the case may be, and, in the case of a boiler, also
means any fuel burning installation connected therewith; (Amended 87 of
1988 s. 33)

'Board of Inquiry' means a Board of Inquiry appointed under section 8;

'boiler' means any closed vessel in which for any purpose steam is generated
under pressure greater than atmospheric pressure and also means any
economizer used to heat water being fed into any such vessel, any superheater
used for heating steam and any fitting directly attached to such vessel that is
wholly or party under pressure when steam is shut off, and any vessel in which
oil is heated at a pressure greater than atmospheric pressure; (Amended 87of
1988s.3)

'boiler inspector' means a person who has been appointed under section 5(1) to be
a boiler inspector and whose appointment to be a boiler inspector has not been
suspended; (Amended 87 of 1988 s. 3)

'certificate of competency' means a certificate of competency issued under section
6;

'certificate of fitness' means a certificate of fitness issued under section 33;

'certificate of inspection during construction' means a certificate issued in respect
of a boiler or pressure vessel certifying that the boiler or pressure vessel and, if
such be the case, its auxiliary equipment was inspected during its construction
and complies with the provisions of a recognized engineering standard, or
code, specified in the certificate; (Replaced 87of 1988s.3)

'competent person' means a person whose name is for the time being entered in the
register of competent persons kept pursuant to section 7(1)(e);

'existing', when used in relation to a pressurized fuel container, means a pressurized
fuel container that is in use in Hong Kong at the commencement of the day
appointed by the Governor under section 1(2); (Amended 87 of 1988 ss. 31
38)





'fuel burning installation' means any oil, or other liquid, or gas fuel burning
installation by means of which heat is applied to a boiler for the purpose of
generating steam or heating oil therein; (Amended 87of 1988s.3)

'legal officer' has the meaning that it has for the purposes of the Legal Officers
Ordinance (Cap. 87);

'maker's certificate' means a certificate issued by the manufacturer of a boiler,
pressure vessel or steam container certifying that he has constructed the
boiler, pressure vessel or steam container, as the case may be, and that the
particulars stated in the certificate relate to such boiler, pressure vessel or
steam container; (Amended 87 of 1988 s. 33)

'new', when used in relation to a boiler, a pressure vessel, other than a pressurized
fuel container, a steam container or a fuel burning installation, means a boiler,
pressure vessel, steam container or fuel burning installation that is first put into
use in Hong Kong after the commencement of this Ordinance or that is put into
use, or intended to be put into use, in circumstances where this Ordinance,
after having been inapplicable thereto by virtue of section 3, first applies
thereto in accordance with subsection (3) of that section; (Amended 67 of
1978 s. 3; 87 of 1988 ss. 31, 33 38)

'new', when used in relation to a pressurized fuel container, means a pressurized
fuel container that is first put into use in Hong Kong after the commencement
of the day appointed by the Governor under section 1(2) or that is put into use,
or intended to be put into use, in circumstances where this Ordinance, after
having been inapplicable thereto by virtue of section 3, first applies thereto in
accordance with subsection (3) of that section; (Amended67of]978s.3;87of
1988ss.31&38)

,,owner', in relation to a boiler or pressure vessel, includes any person who is in
possession of the boiler or pressure vessel under an agreement of hire
purchase or under a contract between a supplier of boilers or pressure vessels,
or the agent of any such supplier, and such person for the sale of the boiler or
pressure vessel, notwithstanding that the property in the boiler or pressure
vessel has not passed to such person, and, where the owner of a boiler or
pressure vessel cannot be found or ascertained or is absent from Hong Kong
or is under disability, also includes the agent of the owner; (Amended 87 of
1988 ss. 33, 34 38)

'portable gas generator' means a vessel, not being part of a fixed installation, within
which acetylene gas is generated by the admixture of calcium carbide and
water;

'pressure vessel' means a steam receiver, an air receiver and a portable gas
generator; (Added 87 of 1988 s. 3)

'pressurized fuel container' means a vessel intended or adapted for the expulsion
by compressed air of liquid fuel or fuel vapour stored in the vessel; (Added
87of 1988s.3)

'pressurized fuel container inspector- means a person who has been appointed
under section 5(1) to be a pressurized fuel container inspector and whose
appointment has not been suspended; (Added 87 of 1988 s. 3)

'recognized- means recognized by the Authority;(Amended 87 of 1988 s.36)





'registered', when used in relation to a boiler, a pressure vessel, other than a
pressurized fuel container, or a steam container, means a boiler, pressure vessel
or steam container that is entered in the register of boilers, pressure vessels,
other than pressurized fuel containers, and steam containers kept pursuant to
section 7(1)(a); (Amended 93 of 1970 s. 2; 87 of 1988 ss.31-34)

'registered', when used in relation to a pressurized fuel container, means a
pressurized fuel container that is entered in the register of pressurized fuel
containers kept pursuant to section 7(1)(b); (Amended 87of 1988ss.31&32)

'repairs' includes renewals, alterations or additions;

'steam containe?' means any vessel or apparatus (other than a steam pipe or coil)
constructed with a permanent outlet into the atmosphere or into a space where
the pressure does not exceed atmospheric pressure, and through which steam
is passed at atmospheric pressure or at approximately that pressure for the
purpose of heating, boiling, drying, evaporating or other similar purpose;

',steam receiver' means any vessel or apparatus (other than a boiler, a steam
container, a steam pipe or coil, or a part of a prime mover) used for containing
steam under pressure greater than atmospheric pressure;

'uncertified', when used in relation to a boiler or pressure vessel, means a boiler or
pressure vessel in respect of which the owner has delivered to the Authority
neither the documents specified in section 13(a) nor the documents specified
in section 13(b). (Added 87 of 1988s.3)

(Amended 87 of 1988 s. 3)

(2) For the purposes of this Ordinance, the expression 'extensive repairs'
means any repairs that affect or may affect the structure of the boiler or pressure
vessel, as the case may be, in respect of which they have been carried out, but, save
where the same are occasioned by an explosion in the boiler or pressure vessel,
does not include repairs that consist of the renewal of a part of a boiler or pressure
vessel where

(a) the part or fitting used in the renewal is a part or fitting that-

(i) was manufactured by the person who manufactured the boiler or
pressure vessel; or

(ii) if not having been so manufactured, is, to the satisfaction of an
appointed examiner, not less in strength and efficiency than the part
which it replaces; and

(b)if the fixing of the part or fitting affects or may affect the structure of the
boiler or pressure vessel, the same is fixed to the satisfaction of an
appointed examiner. (Amended 87 of 1988 s. 33)

Application

3. (1) This Ordinance applies to every boiler, pressure vessel and steam
container other than

(a)a boiler, a pressure vessel or a steam container belonging to the Crown;





(b)a boiler, a pressure vessel or a steam container that is used solely for
domestic purposes;

(e)a boiler, pressure vessel or steam container that is part of the fixed
equipment of a vessel or other floating craft, whether or not the vessel or
craft is used or intended for use in navigation; (Replaced 67 of 1978s.4)

(ca) an air receiver that is used solely for, or that is part of the equipment used
solely for, either or both of the following purposes

(i) supplying locomotive power to a vehicle intended or adapted for
use on a road, railway or tramway;

(ii) operating the ancillary equipment of such a vehicle which is used
for the carriage of passengers or goods; and (Added 67 of 1978 s.4.
Amended 87of 1988s.4)

(d)a pressurized fuel container having a maximum storage capacity that does
not exceed 4.5 litres of liquid fuel or of fuel vapour. (Replaced 67of
1978s.4. Amended87of 1988ss.4&31)

(e) (Repealed 87 of 1988 s. 4)

(Amended 87 of 1988 s. 33)

(2) Parts 11, Ill, IV, V and VI and sections 49, 50, 51, 61 and 62 do not apply to
portable gas generators.

(3) Where a boiler or pressure vessel is, or is intended to be, put into use in
such circumstances that this Ordinance becomes applicable thereto for the first time
after having been inapplicable thereto by operation of subsection (1), the provisions
of this Ordinance relating to new boilers or pressure vessels shall apply to that
boiler or pressure vessel. (Added 67of 1978s.4. Amended 87of 1988 ss. 33 34)

PART 11

APPOINTMENT OF AUTHORITY
ETC.,

KEEPING OF REGISTERS, CERTIFICATES OF COMPETENCY,
BOARDS OF INQUIRY AND EXEMPTIONS
(Amended 87 of 1988 s. 5)

Authority and authorized officers

4. (1) For the purpose of carrying out the provisions of this Ordinance, the
Governor may appoint a public officer to be the Boilers and Pressure Vessels
Authority.

(2) An appointment under subsection (1) shall be notified in the Gazette.

(3) The Authority may authorize in writing any public officer to perform or
exercise all or any of the functions, duties or powers which are imposed or conferred
on the Authority or an authorized officer by this or any other Ordinance.

(Replaced 87 of 1988 s. 6)





Appointment, etc. of boiler inspectors, air receiver
inspectors and pressurized fuel container inspectors

5. (1) The Authority may appoint such number of persons as the
Authority considers necessary, having such qualifications as the Authority
considers sufficient, to be boiler inspectors, air receiver inspectors, or pres-
surized fuel contai(2) An appointment under subsection (1) shall be notified in the Gazette.
(Replaced 8 7 of 1988 s. 6)

Revocation and suspension of appointment

5A. (1) The Authority may by notice in writing to a person appointed
under section 5(1) revoke or suspend for any length of time his appointment if-

(a) that person so requests; or

(b)it appears to the Authority that the person has ceased to practise as a
boiler inspector, air receiver inspector, or pressurized fuel container
inspector, as the case may be; or

(c)the Authority does not consider the person to be competent, fit and
proper to remain appointed.

(2) Every notice referred to in subsection (1) shall-

(a)include an adequate statement of the reasons for revoking or sus-
pending the appointment; and

(b) set out subsections (3), (4) and (5).

(3) A person whose appointment is revoked or suspended otherwise than at
his own request may, by notice in writing which states the grounds of appeal and
is delivered to the Authority within 21 days of his being notified by the Authority
of the decision, appeal to the Secretary for Education and Manpower.

(4) A revocation or suspension of an appointment under subsection (1)
shall have immediate effect, notwithstanding any appeal against the decision
under subsection (3).

(5) The Secretary for Education and Manpower, when considering any
appeal against a decision of the Authority-

(a)shall give the person appealing against the decision an opportunity of
being heard; and

(b) may confirm or reverse the decision.
and shall give an adequate statement of the reasons for his decision.

(6) On the confirmation or reversal of a decision under subsection (5)(b),
the Authority shall, as soon as reasonably practicable, serve notice in writing of
that confirmation or reversal, and of the reasons given for that confirmation or
reversal, on the person who appealed against the decision.

(7) A revocation or suspension of an appointment under subsection (1)
and a reversal of a decision under subsection (5)(b) shall be notified in the
Gazette.
(Added 8 7 of 1988 s. 6)





Certificates of competency

6. (1) The Authority may, upon application in writing therefor and upon
payment of the prescribed fee, issue a certificate of competency to any person who

(a)has produced to him evidence that satisfies him as to the suitability of that
person to be issued therewith and as to his experience in the operation of
all classes and types of boiler and steam receiver or of boilers or steam
receivers, or both, of the class or type to be specified in the certificate of
competency, as the case may be; or

(b)has satisfied such examiners as the Authority may appoint as to his
suitability to be issued therewith and as to his competence to operate all
classes and types of boiler and steam receiver or boilers or steam receivers,
or both, of the class or type to be specified in the certificate of
competency, as the case may be.

(2) Every certificate of competency shall be in the prescribed form and shall, as
the case may be, certify that the person to whom it is issued is

(a)competent to operate all classes and types of boiler and steam receiver and
their auxiliary equipment; or

(b)competent to operate boilers or steam receivers, or both, and their auxiliary
equipment, of the class or type specified therein.

(3) Where the Authority is satisfied that a person to whom he has issued a
certificate of competency certifying that that person is competent to operate boilers
or steam receivers, or both, of a specified class or type is, as the case may be,
competent to operate all classes and types of boiler and steam receiver or competent
to operate a class or type of boiler or steam receiver in addition to the class or type
specified in that certificate, he may, upon payment of the prescribed fee, endorse the
certificate accordingly or issue to that person a new certificate of competency.

(4)(a) The Authority may revoke a certificate of competency at any time.

(b)A certificate of competency shall be deemed to have been revoked if the
person to whom it was issued has not, for a period of 4 years or more than
4 years, been engaged in the operation of the class or type

p

of boiler or steam receiver in respect of which the certificate was
issued.

(Amended 87 of 1988 s. 35)

Authority to keep certain registers, and particulars to he
entered in register of boilers and pressure vessels

7. (1) The Authority shall keep the following registers-

(a)a register of boilers, pressure vessels, other than pressurized fuel
containers, and steam containers; (Replaced 93 of 1970 s. 3)

(b) a register of pressurized fuel containers;

(c)a register of boiler inspectors and air receiver inspectors, in which shall be
entered the name of every person who is appointed under section 5





to be a boiler inspector or an air receiver inspector; (Amended 87 of
1988s. 7)

(d)a register of pressurized fuel container inspectors, in which shall be
entered the name of every person who is appointed under section 5 to be a
pressurized fuel container inspector and his registration number, which
shall be allotted by the Authority; and

(e)a register of competent persons, in which shall be entered the name of
every person to whom a certificate of competency is issued under section
6, together with a statement as to the class or type of boiler or steam
receiver that that person is for the time being competent to operate.

(2)(a) The following particulars shall be recorded by the Authority in the
register of boilers and pressure vessels in respect of each registered boiler
or pressure vessel

(i) the name and address of the owner for the time being of the boiler or
pressure vessel;

(ii) except in the case of a boiler or pressure vessel that is designed so
as to be transportable from one place to another, the address at which the
boiler or pressure vessel is installed;

(iii) the class or type of the boiler or pressure vessel;

(iv) the registration number of the boiler or pressure vessel;

(y) the maximum permissible working pressure of the boiler or pressure
vessel notified to him in accordance with section 47(2);

(vi) the maximum permissible working pressure of the boiler or pressure
vessel specified in the current certificate of fitness issued in respect of the
boiler or pressure vessel if the pressure therein specified differs from the
maximum permissible working pressure notified to him in accordance with
section 47(2) or entered in the register pursuant to paragraph (b);

(vii) the date on which each certificate of fitness issued in respect of the
boiler or pressure vessel was issued; and

(viii) the making by the Authority of an order under section 32 in
respect of the boiler or pressure vessel and the date (if any) on which the
same ceased to be in force.

(b)Where, upon an appeal under section 48, the maximum permissible
working pressure of the boiler or pressure vessel determined by the
Authority differs from the maximum permissible working pressure thereof
determined by the appointed examiner from whose decision the appeal
was made, the Authority shall delete the entry made in the register of
boilers and pressure vessels in accordance with paragraph (a)(v) and
enter in the register the maximum permissible working pressure determined
by the Authority. (Amended 87of1988s.7)

(c)The Authority shall delete from the register of boilers and pressure
vessels the entry therein in respect of a boiler or pressure vessel if he is
satisfied that it has been destroyed or is otherwise no longer being used
in Hong Kong.





(3)(a) The following particulars shall be recorded by the Authority in the
register of pressurized fuel containers in respect of each registered
pressurized fuel container

(i) the name and address of the owner for the time being of the
pressurized fuel container;

(ii) the place at which for the time being the pressurized fuel container is
being used;

(iii) the registration number of the pressurized fuel container;

(iv) the making by the Authority of an order under section 32 in respect
of the pressurized fuel container and the date (if any) on which the same
ceased to be in force.

(b)The Authority shall delete from the register of pressurized fuel containers
the entry therein in respect of a pressurized fuel container if he is satisfied
that it has been destroyed or is otherwise no longer being used in Hong
Kong.

(4) The Authority shall remove from the register of boiler inspectors and air
receiver inspectors or the register of pressurized fuel container inspectors, as the
case may be, the name of any person whose appointment to be a boiler inspector or
an air receiver inspector or a pressurized fuel container inspector has been revoked
and shall, during the continuance in force of a suspension of the appointment of a
person to be a boiler inspector or an air receiver inspector or a pressurized fuel
container inspector, keep in the register of boiler inspectors and air receiver
inspectors or the register of pressurized fuel container inspectors, as the case may
be, such entry as he considers sufficient to indicate the suspension.

(5) The Authority shall remove from the register of competent persons the
name of any person whose certificate of competency has been revoked or is, under
section 6(4)(b), deemed to have been revoked.

(Amended 87 of 1988 ss. 31-36 38)

Inquiries into accidents in boilers and pressure vessels

8. (1) Whenever an accident has occurred in or to a boiler or pressure vessel

(a)an authorized officer may make a preliminary inquiry with respect to the
accident; and

(b)whether or not an authorized officer makes a preliminary inquiry, the
Authority may appoint a Board of Inquiry whose function it shall be to
inquire into and determine, so far as may be possible, the cause of the
accident. (Amended 67of 1978s. 6; 18 of 1982 s. 4; 87of 1988s. 8)

(2) (a) Every Board of Inquiry shall consist of-

(i) a magistrate nominated by the Chief Justice or a legal officer
nominated by the Attorney General;

(ii) an authorized officer or a boiler inspector; and (Amended 18 of 1982 s.
4; 87 of 1988 s. 8)





(iii) one other person who has such qualifications as the Authority
considers suitable and who is not a public officer or a boiler inspector.

(b)The magistrate or legal officer, as the case may be, shall be the chairman of
a Board of Inquiry.

(3) For the purposes of a preliminary inquiry, an authorized officer shall have
the following powers- (Amended]8of]982s. 4,.87 of 1988s.8)

(a)to enter and inspect any premises the entry or inspection of which appears
to him to be necessary;

(b)to inspect and examine the boiler or pressure vessel and its auxiliary
equipment;

(e)to require the production of any document or thing in the possession of
any person; and

(d)to require any person to answer such inquiries as he considers it necessary
to make.

(4)(a) For the purpose of its inquiry, a Board of Inquiry shall have the
following powers

(i) to hear evidence on oath or otherwise;

(ii) to summon any person to attend any sitting of the Board to give
evidence or to produce any document or thing in his possession and to
examine him as a witness or require him to produce such document or
thing, subject to all just exceptions;

(iii) to enter and inspect any premises the entry or inspection of which
appears to it to be necessary; and

(iv) to inspect and examine the boiler or pressure vessel and its auxiliary
equipment.

(b)A witness summons shall be in such form as the chairman of the Board of
Inquiry directs and shall be signed by him.

(5) The report on a preliminary inquiry may, save where a Board of Inquiry has
been, or is to be, appointed, be made public in such manner as the authorized officer
thinks fit, and the report of a Board of Inquiry shall be made public in such manner
as the Authority directs. (Amended 87 of 1988 s. 8)

(Amended 87 of 1988 ss. 33 36)

Power of Authority to exempt individual boilers or
pressure vessels from provisions of Ordinance

9. (1) An authorized officer may, upon application in writing in that behalf,
exempt from any of the provisions of this Ordinance a boiler or pressure vessel to
which he is satisfied that such provision cannot reasonably be applied.

(2) Any such exemption shall be subject to such conditions as the authorized
officer specifies and may be withdrawn at any time.

(3) (Repealed 87 of 1988 s. 9)

(Amended 87 of 1988 ss. 9 33)





Power of Authority to exempt classes or types of boiler or
pressure vessel from provisions of Ordinance

10. (1) The Authority may by order exempt from any of the provisions of this
Ordinance boilers or pressure vessels of a class or type to which he is satisfied that
such provision cannot reasonably be applied.

(2) Any such exemption shall be subject to such conditions as may be
specified in the order.

(3) The Authority may by order cancel or amend any order made under
subsection (1).

(4) A notification of every order made under this section shall be published in
the Gazette.

(Amended 87 of 1988 ss. 34 36)

PART 111

REGISTRATION OF BOILERS, PRESSURE VESSELS
AND
STEAM CONTAINERBoilers, pressure vessels (other than pressurized fuel containers)
and steam containers

(Amended 87 of 1988 ss. 32 3~

11-12. (Repealed 67 of 1978 s. 7)

Documents to be delivered to Authority in respect of new
boilers and pressure vessels

13. The owner of a new boiler or pressure vessel, other than a pressurized fuel
container, shall, not less than 30 days before the day on which he intends to put the
boiler or pressure vessel into use, deliver to the Authority

(a)one copy of the maker's certificate and one copy of the certificate of
inspection during construction issued in respect of the boiler or pressure
vessel by a recognized inspection body; or

(b)documentary evidence, to the satisfaction of the Authority, that the boiler
or pressure vessel complies with a recognized engineering standard or
code in respect of

(i) the welders employed and welding procedures used in the
construction and erection of and, if repairs have been carried out, in the
repairs to, the boiler or pressure vessel;

(ii) heat treatment before and after welding;

(iii) tests and inspections carried out on the boiler or pressure vessel;
and

(iv) any other relevant technical details that the Authority may, by
notice in writing, specify; or

(c)where the owner can deliver neither the documents referred to in
paragraph (a) nor the documents referred to in paragraph (b), details





of the design and methods of construction, inspection and testing of the
boiler or pressure vessel and its auxiliary equipment.

(Replaced 87 of 1988 s. 10)

Documents to be delivered to Authority in respect of new
steam containers

14. The owner of a new steam container shall, not less than 30 days preceding
the day on which he intends to put the same into use, deliver to the Authority in
respect thereof- (Amended 67 of 1978 s. 9; 87 of 1988 s. 36)

(a) 2 copies of the maker's certificate; or

(b)2 copies of a plan thereof prepared, to the satisfaction of the Authority,
by a boiler inspector. (Amended 87 of 1988 s. 35)

Documents to he certified by appointed examiner

15. (1) Every copy of a document that is delivered to the Authority pursuant to
section 13 or 14 shall have endorsed thereon a declaration by an appointed examiner
that it relates to the boiler or pressure vessel in respect of which it is so delivered.
(Amended 67 of 1978 s. 10; 87 of 1988 ss. 33 36)

(2) Where a copy of a document referred to in subsection (1) is not written in
the English or Chinese language it shall be accompanied by an English translation.
(Added 67 of 1978 s. 10)

Owner of new boiler, pressure vessel etc. to apply for
registration

15A. The owner of a new boiler, pressure vessel other than a pressurized fuel
container, or steam container shall, not later than 30 days preceding the day on
which he intends to put the same into use, apply to the Authority in the prescribed
form for registration of the same under this Ordinance.

(Replaced 67 of 1978 s. 11. Amended 87 of 1988 ss. 31, 33 36)

Registration of boilers and pressure vessels, etc.

16. (1) The Authority shall, upon receipt of the documents required by section
13 or 14, as the case may be, and of an application for registration under section
15A, allot a registration number to the boiler, pressure vessel or steam container and
enter particulars of the boiler, pressure vessel or steam container in the appropriate
register. (Replaced 67 of 1978 s. 12)

(2) The owner of a registered boiler, pressure vessel or steam container shall
cause the registration number thereof to be engraved, whether by impression or
incision, in a conspicuous position on the boiler, pressure vessel or steam container
and to be clearly legible at all times. (Amended 60 of 1967 s. 4)

(Amended 87 of 1988 ss. 33 36)

Authority to he notified of sale or hiring of boilers, etc.

17. (1) The owner of a registered boiler, pressure vessel, other than a
pressurized fuel container, or steam container who sells the same or hires it to





any person shall, within 7 days of the sale or the agreement for hire, as the case may
be, notify the Authority of the name and address of the person to whom the boiler,
pressure vessel or steam container, as the case may be, has been sold or hired and,
where the boiler, pressure vessel or steam container is not so designed as to be
transportable from one place to another, shall also notify the Authority whether or
not the sale or hiring has resulted or will result in the removal of the same.

(2) The owner of a registered boiler, pressure vessel, other than a pressurized
fuel container, or steam container shall, within 7 days of the change, notify the
Authority of any change in his address.

(Amended 8 7 of 1988 ss. 31, 33 36)

Power of Authority to require details of boilers or
pressure vessels to he delivered to him

18. The Authority may, where he considers it necessary to do so for the
purpose of enabling him to make an assessment of the maximum permissible working
pressure at which a boiler or pressure vessel may be operated, require the owner of
the boiler or pressure vessel to deliver to him complete details of the materials used
in, and the method of, the construction of the boiler or pressure vessel and its
auxiliary equipment and dimensions of all the parts and fittings thereof or of such of
those parts and fittings as he specifies.

(Amended 67 of 1978 s. 13; 87 of 1988 ss. 33 35)

Codes of Practice

18A. (1) For the purpose of ensuring acceptable standards in the design,
manufacture, installation, maintenance, examination, testing and operation of boilers
and pressure vessels, the Authority may give advice, either generally in the form of
Codes of Practice or particularly in writing, to any person.

(2) Failure on the part of any person to observe the provisions of any such
Code or to accept any such particular advice shall not of itself render that person
liable to criminal proceedings of any kind, but any such failure may, in any
proceedings whether civil or criminal and including proceedings for an offence
under this Ordinance, be relied upon by any party to the proceedings as tending to
establish or to negative any liability which is in question in those proceedings.

(3) The Authority shall give notice in the Gazette of the publication of any
advice given under subsection (1) in the form of a Code of Practice.

(Added 87 of 1988 s. 11)

Pressurized fuel containers

(Amended 87 of 1988 s. 32)

Authority to he notified of pressurized fuel containers that
are being used

19. (1) Within 30 days after a new pressurized fuel container is first put into
use, the owner of the pressurized fuel container shall notify the Authority that it has
been put into use and of the place at which it is being used and shall also notify the
Authority of his address.





(2) Within 6 months after the commencement of this section, the owner of an
existing pressurized fuel container shall notify the Authority of the place at which it
is being used and of his address.

(Amended 8 7 of 1988 ss. 31 36)

Registration of pressurized fuel containers, etc.

20. (1) The Authority shall enter in the register of pressurized fuel containers
every pressurized fuel container in respect of which he receives notice under
section 19 and may enter in the register any other pressurized fuel container whose
existence comes to his notice if the same is being used.

(2) The Authority shall allot a registration number to every pressurized fuel
container that he enters in the register of pressurized fuel containers and shall,
wherever practicable, notify the owner of the pressurized fuel container of the
number so allotted.

(3) The owner of a pressurized fuel container shall cause the registration
number thereof, notified by the Authority under subsection (2), to be engraved,
whether by impression or incision, in a conspicuous position on the pressurized
fuel container and to be clearly legible at all times. (Replaced 60 of 1967 s. 5)

(Amended 87 of 1988 ss. 31, 32 36)

Authority to be notified of sale of pressurized fuel
container, etc.

21. (1) The owner of a registered pressurized fuel container who sells the same
shall, within 7 days after the sale, notify the Authority of the name and address of
the person to whom it has been sold.

(2) The owner of a registered pressurized fuel container shall, within 7 days
after the change, notify the Authority of any change in the place at which he is
using the pressurized fuel container or in his address.

(Amended 87 of 1988 ss. 31 36)

PART IV

MAINTENANCE AND EXAMINATION OF BOILERS,
PRESSURE
VESSELS AND STEAM CONTAINERS, AND CONTROL
OF USE AND OPERATION THEREOF

(Amended 8 7 of 1988 s. 34)

Maintenance of boilers and pressure vessels, boiler-
houses and fire-fighting appliances, etc.

22. (1) Every boiler and pressure vessel and its auxiliary equipment shall be
properly maintained. (Amended 87 of 1988 s. 33)

(2) Every steam container shall be so maintained that the outlet therefrom is, at
all times, open and free from obstruction.

(3) Without prejudice to the generality of the provisions of subsection (1),
every fitting and storage tank connected with a fuel burning installation shall be
free from defective joints.





(4) Every place in which a boiler is situated shall be maintained in a clean
condition and free from any waste inflammable material.

(5) Every appliance provided in connection with a boiler or its auxiliary
equipment for use in combatting an outbreak of fire shall be properly maintained and
situated in a readily accessible place.

23. (Repealed 67 of 1978 s. 14)

New boilers and pressure vessels to he examined before
being put into use

24. (1) Upon completion of the installation of a new boiler or pressure vessel,
other than an air receiver, and before the same is put into use, the boiler or pressure
vessel and its auxiliary equipment shall be examined by an appointed examiner.
(Amended 87 of 1988 s. 12)

(2) Every new air receiver, other than a pressurized fuel container, and its
fittings and attachments shall be examined by an appointed examiner before it is put
into use. (Amended 87 of 1988 s. 31)

Boilers and steam receivers to he used in new premises to
be examined before being put into use

25. Every boiler or steam receiver that is to be put into use in premises other
than those in which it was previously used shall, together with its auxiliary
equipment, be examined by an appointed examiner before it is put into use in such
premises.

Boilers and pressure vessels to which extensive repairs, etc.
have been made to he examined before being again put into
use

26. (1) Every boiler or steam receiver in respect of which extensive repairs have
been carried out or, save where the same is designed so as to be transportable from
one place to another, that has been removed from one part of any premises to
another part thereof shall, together with its auxiliary equipment, be examined by an
appointed examiner before it is again put into use.

(2) Every air receiver, other than a pressurized fuel container, in respect of
which extensive repairs have been carried out or, save where the same is designed
so as to be transportable from one place to another, that has been removed from one
part of any premises to another part thereof shall, together with its fittings and
attachments, be examined by an appointed examiner before it is again put into use.
(Amended 87 of 1988 s. 31)

Periodic examination of boilers and pressure vessels

27. (1) Save as otherwise provided-

(a)a boiler, other than a boiler to which paragraph (b) applies, shall be
examined by an appointed examiner within 14 months after the date of any
certificate of fitness issued in respect thereof; and

(b)the following shall be examined by an appointed examiner within 26
months after the date of any certificate of fitness issued in respect thereof





(i) any boiler to which this paragraph applies, in the case of which a
period of 21 years has not expired since it was first taken into use;

(ii) any air receiver, other than a pressurized fuel container;

and(Amended 87 of 1988 s. 31)

(iii) any steam receiver.

(2) Subsection (1)(b) shall apply to a boiler of any of the following kinds

(a)a water tube boiler of which the drums and any headers are of fusion
welded or solid forged construction and which has an evaporative
capacity of not less than 22 000 kilograms of steam per hour; (Amended 67
of 1978 s. 15; 87 of 1988 s. 13)

(b)a boiler in a group of water tube boilers of which the drums and any
headers are of fusion welded or solid forged construction, being a group
in which

(i) each boiler has an evaporative capacity of not less than 11000
kilograms of steam per hour; and

(ii) the total evaporative capacity of all the boilers is not less than 45 000
kilograms of steam per hour; and (Amended 67 of 1978 s. 15; 87 of 1988 s. 13)

(c)a boiler which is a waste heat boiler or heat exchanger with fusion welded
longitudinal and circumferential seams, or a super-heater of fusion welded
construction, and which is an integral part of a continuous flow
installation in a chemical or oil refinery processing plant.

(2A) Where

(a)the Authority is satisfied that a boiler or pressure vessel cannot, because
of operational requirements, be shut down for an examination required by
subsection (1); and

(b)an appointed examiner has examined the boiler or pressure vessel while
operating and is satisfied that it could continue to operate safely beyond
the period within which the boiler or pressure vessel must be examined
under subsection (1),

the Authority may, by notice in writing to the owner, extend that period for not more
than 6 months and, if he does so, the relevant certificate of fitness shall remain in
force until the end of that extended period. (Added 87of 1988s.13)

(2B) Where an appointed examiner or authorized officer issuing a certificate of
fitness in respect of a boiler or pressure vessel considers that the boiler or pressure
vessel should, in the interests of safety, be examined within a shorter period than
that specified in subsection (1), he shall notify the Authority of that fact and the
Authority may, by endorsement on the certificate, shorten the period. (Added 87 of
1988 s. 13)

(3) For the purposes of this section-

(a)'boiler' and 'steam receiver include the auxiliary equipment of any such
boiler or steam receiver;

(b) 'air receiver' includes the fittings and attachments thereof,





(c)the date of a certificate of fitness shall, where different dates are
entered therein in respect of different examinations and tests carried
out, be deemed to be the date first in time of such dates.
(Replaced 60 of 1967 s. 6)

Examination of steam containers

28. (1) Save as provided in subsection (2), every steam container shall be
examined by a boiler inspector, in order to ensure that the outlet therefrom is
open and free from obstruction, whenever the boiler that supplies steam thereto
is examined in accordance with this Ordinance.

(2) Every steam container shall be examined by a boiler inspector for the
like purpose before it is put into use.

Examination of new fuel burning installations and heaters
fitted therein, etc.

29. (1) Every new fuel burning installation shall be examined by an
appointed examiner before it is put into use.

(2) Every new heater fitted in a fuel burning installation shall, before it is
put into use, be subjected by an appointed examiner to an hydraulic test, which
shall be to not less than twice the maximum pressure to which the heater may be
subjected when it is being used.

(3)(a) Every pipe that is used for conveying fuel from a pump or gravity
tank to the burners in a fuel burning installation and every fitting
connected with any such pipe shall be tested by an appointed
examiner-
(i) in the case of a new such pipe, after the pipe has been jointed
and before it is put into use; and
(ii) in the case of any such pipe, within 7 days after the Authority
so requires. (Amended 87 of 1988 s. 35)
(b) Every such test shall be to-
(i) twice the maximum pressure to which the fuel system is or will
be subjected under normal working conditions; or
(ii) the pressure specified in a recognized engineering standard or
code. (Amended 87 of 1988 s. 30)

Steam or water pipes to he hydraulically tested in certain cases
30. Where-
(a)any pipe that conveys or will or may convey oils, steam or water under
pressure to or from a boiler, steam receiver or steam container is
renewed or is added to a boiler, steam receiver or steam container;
or (Amended 87 of 1988 s. 37)
(b)extensive repairs or alterations are carried out to any such pipe or to
any system of such pipes,
the pipe or pipes shall, before being subjected or again subjected, as the case
may be, to pressure, be subjected by a boiler inspector to an hydraulic test.
(Amended 87 of 1988 s. 14)





Periodic examination of pressurized fuel containers

31. (1) Every existing pressurized fuel container shall be examined by an
appointed examiner within 12 months after the commencement of this section.

(2) Every new pressurized fuel container shall be examined by an appointed
examiner within 12 months after the date on which it is first put into use.

(3) Save as provided in subsections (1) and (2), every pressurized fuel
container shall be examined by an appointed examiner within 12 months after the
date marked thereon in accordance with this Ordinance as the date on which the last
examination thereof was completed.

(Amended 8 7 of 1988 s. 31)

Power of Authority to prohibit use and operation of boiler or
pressure vessel in certain cases, and procedure thereafter

32. (1) Where it appears to the Authority that-

(a)a boiler or pressure vessel or any of its auxiliary equipment is not, or may
not be, in safe working order;

(b)a boiler or pressure vessel or any of its auxiliary equipment has not been
examined or tested in accordance with this Ordinance or in accordance with
a requirement of the Authority made under this Ordinance;

(e)a boiler or pressure vessel, other than a pressurized fuel container, is being,
or has been, operated at a pressure greater than its maximum permissible
working pressure; or

(d)the seal attached to a safety valve by an appointed examiner has been
broken, or the setting of a safety valve has been altered, by a person who
is not an appointed examiner,

he may, by notice in writing served upon the owner thereof, prohibit the further use
and operation of the boiler or pressure vessel, as the case may be.

(2) Every such order in respect of a boiler or pressure vessel, other than a
pressurized fuel container, shall continue in force until the boiler or pressure vessel
has been examined by an appointed examiner and a certificate of fitness issued by
him in respect thereof under section 33 and the Authority has, upon production to
him of the certificate of fitness, permitted the use thereof to be resumed, and every
such order in respect of a pressurized fuel container shall continue in force until the
pressurized fuel container has been examined by an appointed examiner and the
examiner has, in the manner provided by section 35, certified that he is satisfied that
it is in safe working order.

(3) At any time after any such order in respect of a boiler or pressure vessel,
other than a pressurized fuel container, has been served, the Authority or an
appointed examiner acting under his directions may take such steps as he considers
necessary to procure the immediate stoppage of the use and operation of the boiler
or pressure vessel to which the order relates.

(Amended 8 7 of 1988 ss. 31, 33 35)





Issue of certificates of fitness

33. (1) Save as otherwise provided, a certificate of fitness in respect of a
boiler or pressure vessel shall be issued-

(a)in the case of a boiler, only under the hand of the appointed examiner
who examined the boiler when it was under the pressure that will be
specified in the certificate of fitness as its maximum permissible
working pressure; or

(b)in the case of a pressure vessel, only under the hand of the appointed
examiner who examined the pressure vessel when it was under the
pressure that will be specified in the certificate of fitness as its
maximum permissible working pressure or who carried out the
pressure accumulation test.

(2)(a) Subject to the provisions of subsection (1) and without prejudice
to any other provisions of this Ordinance, an appointed examiner may
issue a certificate of fitness in respect of a boiler or pressure vessel
notwithstanding that every part of the examination in question or
every test required by this Ordinance to be carried out during such
examination has not been carried out by him if he is satisfied that
those parts of the examination in question that have not been carried
out by him have been carried out in accordance with this Ordinance
and that those tests of the boiler or pressure vessel, as the case may be,
or its auxiliary equipment that have not been carried out by him have
been carried out in accordance with this Ordinance and that the results
thereof were satisfactory.

(b)Where, pursuant to paragraph (a), a certificate of fitness is issued by
an appointed examiner who has not carried out the whole of the
examination of the boiler or pressure vessel or all of the tests thereof,
each appointed examiner by whom a part of the examination was
carried out or by whom some of the tests were carried out shall enter in
the certificate of fitness particulars as to the part of the examination,
or as to the tests, that he carried out.

(3) Where, upon an examination of a boiler or pressure vessel for the
purposes of this Ordinance, the appointed examiner-

(a)who has carried out the examination in accordance with this
Ordinance and has carried out such tests of the boiler or pressure
vessel or its auxiliary equipment as are required by this Ordinance to
be carried out; or

(b)who, not having carried out the whole of the examination or not
having carried out some or all of the tests of the boiler or pressure
vessel or its auxiliary equipment required by this Ordinance to be
carried out, has carried out the examination of the boiler or the
examination or test of the pressure vessel specified in subsection (1),

is satisfied-
(i)that the boiler or pressure vessel, as the case may be, and, in the case of
a boiler or steam receiver, its auxiliary equipment and, in the case of
an air receiver, its fittings and attachments are in safe working order or
that, subject to the conditions that will be specified in the certificate of





fitness, the boiler or pressure vessel may safely be used and operated
having regard to the pressure to be specified in the certificate of fitness as
the maximum permissible working pressure at which the boiler or pressure
vessel may be operated; and

(ii)in the case of a steam receiver, that the steam receiver and the pipe
connecting the steam receiver with any supply of steam are of sufficient
strength to withstand any pressure of steam to which they may be
subjected; and

(iii)in the case of an air receiver, that the air receiver and the pipe connecting
the air receiver with any supply of air are of sufficient strength to
withstand any pressure to which they may be subjected,

he shall issue to the owner of the boiler or pressure vessel a certificate of fitness,
and, where, upon such an examination, such appointed examiner is not satisfied as
to any of the matters set out in paragraph (i), (ii) or (iii), he shall refuse to issue a
certificate of fitness.

(4)(a) Every certificate of fitness shall be in the prescribed form and shall
contain the particulars required thereby.

(b)The pressure specified in a certificate of fitness as the maximum permissible
working pressure at which the boiler or pressure vessel to which the
certificate relates may be operated shall be the maximum permissible
working pressure determined in accordance with Part VI or such lesser
pressure as the appointed examiner by whom the certificate is issued
considers necessary for the safe operation of the boiler or pressure vessel,
having regard to its age, general condition or history or the quality of the
workmanship used in its construction or in any repairs that have been
carried out in respect thereof.

(5) In any certificate of fitness issued by him for the purposes of this
Ordinance, an appointed examiner may specify such conditions with respect to the
repair of the boiler or pressure vessel to which the certificate relates as he considers
necessary for its continued safe working.

(6) Whenever an appointed examiner issues a certificate of fitness, he shall also
deliver to the owner of the boiler or pressure vessel 2 copies of the certificate and,
within 7 days after the copies are delivered to him, the owner shall deliver them to
the Authority.

(7) Whenever an appointed examiner refuses to issue a certificate of fitness, he
shall, in writing, notify the Authority as soon as practicable of the circumstances in
which he has refused to issue the certificate.

(Amended 87 of 1988 ss. 33 36)

Appeals from refusal of appointed examiner to issue
certificate of fitness

34.(1) (a) The owner of a boiler or pressure vessel who considers himself
aggrieved by the refusal of an appointed examiner to issue a certificate of
fitness in respect of the boiler or pressure vessel may, within 7 days after
the day on which the examiner notified him of his refusal to issue the
certificate, appeal to the Authority.

(b) Every such appeal shall be in writing.





(2)(a) Where, upon such an appeal, the Authority considers that a certificate
of fitness should be issued in respect of the boiler or pressure vessel, as
the case may be, he shall issue a certificate of fitness to the owner of the
boiler or pressure vessel and shall also deliver to him 2 copies of the
certificate. (Amended 87 of 1988 s. 15)

(b)Where, under paragraph (a), the Authority issues a certificate of fitness,
he shall send a copy thereof to the appointed examiner from whose refusal
to issue such a certificate the appeal was made.

(c)Where, upon such an appeal, the Authority considers that a certificate of
fitness should not be issued in respect of the boiler or pressure vessel, as
the case may be, he shall notify the owner thereof accordingly.

(3) The decision of the Authority upon such an appeal shall be final.

(Amended 87 of 1988 ss. 33 35)

Procedure on examination of pressurized fuel container

35. Where, upon an examination of a pressurized fuel container for the
purposes of this Ordinance, the appointed examiner by whom the examination was
carried out is not satisfied that the pressurized fuel container is in safe working
order, he shall notify the owner thereof that he is not so satisfied, and when, upon
any such examination, the appointed examiner by whom the examination was carried
out is satisfied that the pressurized fuel container is in safe working order he shall
certify accordingly by marking, or causing to be marked, on the pressurized fuel
container, the date on which the examination thereof was completed and, if the
examination was carried out by a pressurized fuel container inspector, his
registration number.

(Amended 8 7 of 1988 s. 3 1)

Appeals from decision of appointed examiner on
examination of pressurized fuel container

36.(1) (a) The owner of a pressurized fuel container who considers himself
aggrieved by the decision of an appointed examiner that he is not satisfied
that the pressurized fuel container is in safe working order may, within 7
days after the day on which the examiner notified him that he is not so
satisfied, appeal to the Authority.

(b) Every such appeal shall be in writing.

(2) Where, upon such an appeal, the Authority considers that the pressurized
fuel container is in safe working order, he shall certify accordingly by marking, or
causing to be marked, on the pressurized fuel container the date on which he
examined the same.

(3) Where, upon such an appeal, the Authority considers that the pressurized
fuel container is not in safe working order, he shall notify the owner thereof
accordingly.

(4) The decision of the Authority upon such an appeal shall be final.

(Amended 8 7 of 1988 ss. 31 35)





PART V

PROVISIONS AS TO PREPARATION FOR, PROCEDURE ON, AND
METHOD OF, EXAMINATION OF BOILERS, STEAM RECEIVERS
AND
AIR RECEIVERS, AND AS TO PRESSURE ACCUMULATION
TESTS AND HYDRAULIC TESTS

Preparation of boilers, etc. for examination

37. (1) Whenever, for the purposes of this Ordinance, a boiler is about to be
examined when it is cold, the owner thereof shall cause the boiler to be prepared for
the examination in the following manner

(a) the boiler shall be empty and every part thereof thoroughly clean;

(b)the boiler shall be sufficiently cool to allow the person carrying out the
examination to carry out the same in safety and without inconvenience;

(e) all mountings shall be opened up and valves and cocks ground in; and

(d)in the case of boilers other than watertube boilers, all fire bars, bearers,
front plates, bridges, arches, manhole and handhole doors, cleaning plugs
and other fittings shall, unless such part does not form an integral part of
the boiler and will not interfere in any way with the examination, be
removed; or

(e)in the case of watertube boilers, the covers of all openings in headers,
muddrums, steam and water drums, manholes and handholes shall be
removed.

(2) Whenever, for the purposes of this Ordinance, a steam receiver is about to
be examined when it is cold or an air receiver is about to be examined when it is not
under pressure, the owner thereof shall cause the steam receiver or the air receiver,
as the case may be, to be prepared for the examination so that, so far as the
construction thereof permits, all parts, both internal and external, and all fittings are
thoroughly clean and accessible for examination.

Procedure on, and method of, examination of boilers

38. (1) The following provisions apply to the examination of a boiler for the
purposes of section 27 or 32- (Amended 67 of 1978 s. 16)

(a)the boiler shall first be thoroughly examined when it is cold and has been
prepared for examination in the manner prescribed in section 37(1);

(b)where, upon the examination in accordance with paragraph (a), the
appointed examiner who carried out the same is of opinion that the boiler
is in need of immediate repairs in order to maintain it in safe working order,
he shall in writing notify the owner of the boiler of the repairs that he
considers necessary;

(c)in each of the following cases, the boiler shall next be subjected by an
appointed examiner to an hydraulic test

(i) where any repairs that have been carried out pursuant to a notice
given by an appointed examiner in accordance with paragraph (b) are
extensive repairs;





(ii) where the size or design of the boiler is such that it is not possible
for an appointed examiner to enter it in order to examine the internal parts
thereof; and

(iii) without prejudice to the provisions of subparagraph (i) or (ii),
whenever an appointed examiner considers it necessary;

(ca) where the boiler is uncertified and the Authority, by notice in writing to
the owner, so requires, the boiler shall be subjected to an hydraulic test or
to testing by a specified non-destructive technique; and (Added 87 of
1988 s. 16)

(d)finally, on the first occasion on which the boiler is again operated, the
boiler, save for any economizer or superheater that may be fitted therein,
shall be- (Amended 87 of 1988 s. 16)

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by the appointed examiner to a pressure accumulation test
if he considers it necessary. (Replaced 67 of 1978 s. 16)

(2) The following provisions apply to the examination of a boiler for the
purposes of section 24

(a)where an appointed examiner considers it necessary, the boiler shall first
be examined when it is cold and has been prepared for examination in the
manner prescribed in section 37(1)(a), (c), (d) and (e);

(b)where an appointed examiner considers it necessary, the boiler shall next
be subjected by an appointed examiner to an hydraulic test;

(ba) where the boiler is uncertified and the Authority, by notice in writing to
the owner, so requires, the boiler shall be subjected to an hydraulic test or
to testing by a specified non-destructive technique; and (Added 87 of
1988 s. 16)

(c)finally, on the first occasion on which the boiler is operated the boiler,
save for any economizer or superheater that may be fitted therein, shall be-
(Amended 87 of 1988 s. 16)

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected to a pressure accumulation test by the appointed examiner
except where he considers that the superheater might be damaged
thereby. (Replaced 67 of 1978 s. 16)

(3) The following provisions apply to the examination of a boiler for the
purposes of section 25

(a)the boiler shall first be examined when it is cold and has been prepared for
examination in the manner prescribed in section 37(1)(a), (c), (d) and (e);

(b)where an appointed examiner considers it necessary, the boiler shall next
be subjected by an appointed examiner to an hydraulic test; and





(c)finally, on the first occasion on which the boiler is again operated, the
boiler, save for any economizer or superheater that may be fitted therein,
shall be- (Amended 8 7 of 1988 s. 16)

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by the appointed examiner to a pressure accumulation test
if he considers it necessary. (Replaced 67 of 1978 s. 16)

(4) The following provisions apply to the examination of a boiler for the
purposes of section 26

(a)the boiler shall first be subjected by an appointed examiner to an hydraulic
test; and

(b)on the first occasion on which the boiler is again operated, the boiler,
save for any economizer or superheater that may be fitted therein, shall be-
(Amended 87 of 1988 s. 16)

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by the appointed examiner to a pressure accumulation test
if he considers it necessary. (Replaced 67 of 1978 s. 16)

Procedure on, and method of, examination of steam receivers

39. (1) The following provisions apply to the examination of a steam receiver
for the purposes of section 27 or 32

(a)the steam receiver shall first be thoroughly examined when it is cold and
has been prepared for examination in the manner prescribed in section
37(2);

(b)where, upon the examination in accordance with paragraph (a), the
appointed examiner who carried out the same is of opinion that the steam
receiver is in need of immediate repairs in order to maintain it in safe
working order, he shall in writing notify the owner of the steam receiver of
the repairs that he considers necessary;

(c)in each of the following cases, the steam receiver shall next be subjected
by an appointed examiner to an hydraulic test

(i) where any repairs that have been carried out pursuant to a notice
given by an appointed examiner in accordance with paragraph (b) are
extensive repairs;

(ii) where the size or design of the steam receiver is such that the
internal parts thereof cannot be readily examined;

(iii) without prejudice to the provisions of subparagraph (i) or (ii),
whenever an appointed examiner considers it necessary;

(ca) where the steam receiver is uncertified and the Authority, by notice in
writing to the owner, so requires, the steam receiver shall be subjected to
an hydraulic test or to testing by a specified non-destructive

technique; and(Added 87 of 1988 s. 17)





(d)finally, on the first occasion on which it is again subjected to steam
pressure, the steam receiver shall be

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test
if he considers it necessary.

(2) The following provisions apply to the examination of a steam receiver for
the purposes of section 24

(a)where an appointed examiner considers it necessary, the steam receiver
shall first be examined when it is cold and has been prepared for
examination in the manner prescribed in section 37(2);

(b)where an appointed examiner considers it necessary, the steam receiver
shall next be subjected by an appointed examiner to an hydraulic test;

(ba) where the steam receiver is uncertified and the Authority, by notice in
writing to the owner, so requires, the steam receiver shall be subjected to
an hydraulic test or to testing by a specified non-destructive
technique;and (Added 87 of 1988s.17)

(c)on the first occasion on which the steam receiver is, or is again, subjected
to steam pressure and after the examination thereof when it was cold and
after it has been subjected to the hydraulic test where such examination or
test is considered necessary, the steam receiver shall be

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test.

(3) The following provisions apply to the examination of a steam receiver for
the purposes of section 25

(a)the steam receiver shall first be examined when it is cold and has been
prepared for examination in the manner prescribed in section 37(2);

(b)where an appointed examiner considers it necessary, the steam receiver
shall next be subjected to an hydraulic test; and

(c)on the first occasion on which it is again subjected to steam pressure and
after it has been subjected to the hydraulic test where such test is
considered necessary, the steam receiver shall be

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test
if he considers it necessary.

(4) The following provisions apply to the examination of a steam receiver for
the purposes of section 26





(a)the steam receiver shall first be subjected by an appointed examiner to
an hydraulic test; and

(b)the steam receiver shall thereafter, on the first occasion on which it is
again subjected to steam pressure, be-
(i) examined when it is under the pressure that will be specified in
the certificate of fitness as the maximum permissible working pressure
at which it may be operated; and
(ii) subjected by an appointed examiner to a pressure accumulation
test if he considers it necessary.
(Amended 67 of 1978 s. 17)

Procedure on, and method of, examination of air receivers

40. (1) The following provisions apply to the examination of an air
receiver, other than a pressurized fuel container, for the purposes of section 27
or 32-

(a)the air receiver shall first be examined when it is not under pressure
and has been prepared for examination in the manner prescribed in
section 37(2);

(b)where, upon the examination in accordance with paragraph (a), the
appointed examiner who carried out the same is of opinion that the air
receiver is in need of immediate repairs in order to maintain it in safe
working order, he shall notify the owner of the air receiver of the
repairs that he considers necessary;

(c)in each of the following cases, the air receiver shall next be subjected
by an appointed examiner to an hydraulic test-
(i) where any repairs that have been carried out pursuant to a
notice given by an appointed examiner in accordance with paragraph
(b) are extensive repairs;
(ii) where the size or design of the air receiver is such that the
internal parts thereof cannot be readily examined; and
(iii) without prejudice to the provisions of subparagraph (i) or (ii),
whenever an appointed examiner considers it necessary;

(ca) where the air receiver is uncertified and the Authority, by notice in
writing to the owner, so requires, the air receiver shall be subjected to
an hydraulic test or to testing by a specified non-destructive technique;
and (Added 87 of 1988 s. 18)

(d) finally, the air receiver shall be-
(i) examined when it is under the pressure that will be specified in
the certificate of fitness as the maximum permissible working pressure
at which it may be operated; and
(ii) subjected by an appointed examiner to a pressure accumulation
test if he considers it necessary.

(2) The following provisions apply to the examination of an air receiver,
other than a pressurized fuel container, for the purposes of section 24-





(a)where an appointed examiner considers it necessary, the air receiver shall
first be examined when it is not under pressure and has been prepared for
examination in the manner prescribed in section 37(2);

(b)where an appointed examiner considers it necessary, the air receiver shall
next be subjected by an appointed examiner to an hydraulic test;

(ba) where the air receiver is uncertified and the Authority, by notice in writing
to the owner, so requires, the air receiver shall be subjected to an
hydraulic test or to testing by a specified non-destructive technique; and
(Added 87 of 1988s.18)

(c) in every case, the air receiver shall be-

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test.

(3) The following provisions apply to the examination of an air receiver, other
than a pressurized fuel container, for the purposes of section 26

(a)the air receiver shall first be subjected by an appointed examiner to an
hydraulic test; and

(b) the air receiver shall thereafter be-

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test
if he considers it necessary.

(Amended 67 of 1978 s. 18; 87 of 1988 s. 31)

Examination of pipes of new boilers, steam receivers or
steam containers

41. Where a new boiler or steam receiver is being examined for the purposes of
section 24(1) or a new steam container is being examined for the purposes of section
28(2), every pipe that will convey oils, steam or water under pressure to or from the
boiler, steam receiver or steam container, as the case may be, shall be subjected by a
boiler inspector to an hydraulic test.

(Amended 87 of 1988 s. 37)

Procedure where, on certain examinations of boiler, etc.,
appointed examiner is not satisfied as to condition of steam
or water pipes

42. (1) Without prejudice to section 30, where, upon an examination of a boiler
or steam receiver for the purposes of section 25, 26, 27 or 32, the appointed examiner
who is carrying out the examination or any part thereof is not satisfied as to the
condition of any pipe that conveys or may convey oils, steam or water under
pressure to or from the boiler or steam receiver or a steam container, he shall notify
the Authority accordingly. (Amended 67 of 1978 s. 19; 87 qf* 1988 s. 3 7)





(2) Upon receipt of a notification under subsection (1), the Authority may

(a)require the whole of the lagging surrounding the pipe to be removed in
order to enable a thorough examination of the pipe to be made; and

(b)by notice in writing served on the owner of the boiler, steam receiver or
steam container for which or in connection with which the pipe is provided,
require him to cause the pipe to be subjected by a boiler inspector to an
hydraulic test.

(3) An hydraulic test carried out pursuant to a requirement of the Authority
made under subsection (2)(b) shall be to

(a)twice the pressure that will be specified in the certificate of fitness as the
maximum permissible working pressure of the boiler or steam receiver for
which or in connection with which the pipe is provided; or

(b)the appropriate hydraulic test pressure specified in a recognized
engineering standard or code. (Amended 87 of 1988 s. 30)

(Amended 8 7 of 1988 s. 35)

Pressure accumulation tests

43. (1) Every pressure accumulation test to which a boiler is subjected for the
purposes of this Ordinance shall be carried out

(a) under full firing conditions;

(b) with the feed water shut off; and

(c)with the stop valves closed except to the extent that it is necessary for any
stop valve to be open to supply steam to auxiliary equipment for the
purposes of the test. (Added 67 of 1978s.20)

(2) Every pressure accumulation test to which a steam receiver is subjected for
the purposes of this Ordinance shall be carried out at the maximum pressure of steam
supply to which, with the stop valve or valves fully opened and any other plant or
equipment that normally receives a supply of steam from the pipe or pipes supplying
the steam receiver shut down, the steam receiver may be subjected when the boiler
to which it is connected is being operated at the pressure that is or will be specified
in the certificate of fitness issued in respect thereof as its maximum permissible
working pressure.

(3) Every pressure accumulation test to which an air receiver is subjected for
the purposes of this Ordinance shall be carried out

(a)at the maximum pressure that can be obtained in the compressor to which
the air receiver is connected;

(b)with the reducing valve or valves, or such other appliance as may be used
to regulate the supply of compressed air to the air receiver, fully opened;
and

(c)with any other plant or equipment that normally receives a supply of air
from the pipe or pipes supplying the air receiver shut down.





Hydraulic tests

44. (1) No hydraulic test of a new boiler or pressure vessel that is being
examined for the purposes of section 24 shall be carried out until the maximum
permissible working pressure of the boiler or pressure vessel, as the case may be,
has been determined in accordance with this Ordinance. (Amended 67 of 1978 s. 21;
87 of 1988 s. 33)

(2) On the completion of an hydraulic test, the boiler, steam receiver or air
receiver, as the case may be, shall be further examined by the appointed examiner
who carried out the test in order to ascertain the condition of any parts thereof that
may have been affected by the hydraulic pressure.

(3)(a) An hydraulic test of a boiler or steam receiver, other than a new boiler
or a new steam receiver that is being examined for the purposes

of section 24, shall be to one and one-half times the pressure that will be
specified in the certificate of fitness as the maximum permissible working
pressure of the boiler or steam receiver.

(b)An hydraulic test of a new boiler or steam receiver that is being examined
for the purposes of secion 24 shall be to one and one-half times the
pressure that will be specified in the certificate of fitness as the maximum
permissible working pressure of the boiler or steam receiver. (Amended 67
of 1978 s.21)

(4) An hydraulic test of an air receiver shall, in relation to the pressure that will
be specified in the certificate of fitness as the maximum permissible working
pressure of the air receiver, be in accordance with a recognized engineering
standard or code or as follows

(a) in the case of a seamless steel air bottle-

(i) shall be to twice that pressure where the maximum permissible
working pressure does not exceed 14 megapascals;

(ii) shall be to that pressure plus 14 megapascals where the maximum
permissible pressure exceeds 14 megapascals but does not exceed
28megapascals; and (Replaced 87 of 1988 s. 19)

(iii) shall be to one and one-half times that pressure where the maximum
permissible working pressure exceeds 28 megapascals; and

(b) in the case of other air receivers-

(i) shall be to twice that pressure where the maximum permissible
working pressure does not exceed 700 kilopascals; and

(ii) shall be to one and one-half times that pressure plus 350 kilopascals
where the maximum permissible working pressure exceeds 700 kilopascals.
(Replaced 87 of 1988 s. 19)

(Replaced 67 of 1978 s.21. Amended 87of 1988s.19) (5) An
hydraulic test for the purposes of section 30 or 41 of a pipe that conveys or will or
may convey oils, steam or water under pressure shall(Amended 87 of 1988 s. 37)

(a)in the case of copper pipes, be to twice the pressure that is or will be
specified in the certificate of fitness as the maximum permissible working
pressure of the boiler or steam receiver, as the case may be, and, in the
case of steel pipes, be to 3 times that pressure; or





(b)in the case of copper pipes or steel pipes, be to the appropriate hydraulic
test pressure specified in a recognized engineering standard or code.
(Amended 87 of 1988 s. 30)

Appointed examiner examining boiler, etc. under
maximum permissible working pressure to set safety valve

45. Whenever, for the purposes of this Ordinance, an appointed examiner is
carrying out an examination of a boiler, steam receiver or air receiver under the
pressure that will be specified in the certificate of fitness as its maximum permissible
working pressure, he shall, by scaling or some other suitable method, ensure that
the safety valve is so adjusted as to prevent the boiler, steam receiver or air
receiver, as the case may be, from being operated at a pressure greater than that
pressure.

46. (Repealed 67 of 1978 s. 22)

PART VI

INITIAL DETERMINATION OF MAXIMUM PERMISSIBLE WORKING
PRESSURE OF BOILERS AND PRESSURE VESSELS
(Amended 8 7 of 1988 s. 34)

Initial determination of maximum permissible working
pressure of boilers and pressure vessels

47. (1) Where a new boiler or pressure vessel is being examined for the
purposes of section 24, an appointed examiner shall determine the maximum
permissible working pressure at which, in his opinion, the boiler or pressure vessel,
as the case may be, may be operated. (Replaced 67 of 1978 s. 23)

(2) Where, in accordance with the provisions of subsection (1), the maximum
permissible working pressure of a boiler or pressure vessel has been determined, the
appointed examiner who determined the same shall notify the Authority thereof.

(3) The following provisions apply in relation to the determination under
subsection (1) of the maximum permissible working pressure of a boiler or pressure
vessel, namely--

(a)where, in the opinion of the appointed examiner who is determining such
pressure, it is necessary for him, in determining the same, to assess such
pressure by calculation, the calculation shall be based on the formulae
specified in a recognized engineering standard or code relating to boilers
or pressure vessels, as the case Tay be, of the type or class in question,
or, where, in relation to boilers or pressure vessels of the type or class in
question, no formulae are so specified, on such formulae as the Authority
specifies; (Amended 87of 1988ss.30&34)

(b)where the maximum permissible working pressure of a boiler or pressure
vessel of unknown or uncertain origin or history has been assessed by
calculation, the maximum permissible working pressure of the boiler or
pressure vessel, when determined by the appointed examiner, shall not be
greater than the pressure so assessed less 10%; and





(c)regard shall be had to the age of the boiler or pressure vessel, as the case
may be, and to its general condition, its history and the quality of the
workmanship used in its construction and in any repairs that have been
carried out in respect thereof.

(Amended 87 of 1988 ss. 33, 35 36)

Appeals from determination of appointed examiner as to
maximum
permissible working pressure of boiler or pressure vessel

48. (1) (a) The owner of a boiler or pressure vessel who considers himself
aggrieved by the decision of an appointed examiner under section 47 as to the
maximum permissible working pressure at which the boiler or pressure vessel may be
operated may, not later than 7 days after he was notified of the decision, appeal to
the Authority.

(b) Every such appeal shall be in writing.

(2) When, upon such an appeal, the Authority has determined the maximum
permissible working pressure at which, in his opinion, the boiler or pressure vessel,
as the case may be, may be operated, he shall notify thereof the owner of the boiler
or pressure vessel and, upon the delivery to him by the owner of the boiler or
pressure vessel of the certificate of fitness, if any, issued after the examination, shall,
where necessary, amend the certificate so that it indicates the maximum permissible
working pressure determined by him. (Amended 8 7 of 1988 s. 20)

(3) The determination of the Authority upon such an appeal shall be final.

(4) Where such an appeal has been made, the boiler or pressure vessel in
question shall not, until the determination of the appeal, be operated at a pressure
greater than the maximum permissible working pressure determined by the
appointed examiner.

(Amended 8 7 of 1988 ss. 33 35)

Variation by Authority of determination of appointed examiner

48A. (1) Where

(a)a decision of an appointed examiner under section 47 relates to an
uncertified boiler or pressure vessel; and

(b)the Authority is of the opinion that it would not be safe to use the boiler
or pressure vessel at the maximum permissible working pressure
determined by the appointed examiner,

the Authority may, within 30 days of being notified of that decision, reduce the
maximum permissible working pressure to a pressure at which, in the opinion of the
Authority, the boiler or pressure vessel may be operated.

(2) Where, under subsection (1), the Authority reduces the maximum
permissible working pressure of a boiler or pressure vessel, he shall notify the
owner of the boiler or pressure vessel of that reduction and, upon delivery to him by
the owner of the boiler or pressure vessel of the certificate of fitness, if any, issued
after the examination, shall, where necessary, amend the certificate so that it
indicates the maximum permissible working pressure as reduced by him. (Added 87
of 1988 s. 21)





PART VII

OFFENCES AND PENALTIES

Offences in relation to use and operation of boilers or
pressure vessels

49. (1) No boiler or pressure vessel, other than a pressurized fuel container,
shall be used or operated, except for the purposes of this Ordinance by or under the
direction of the Authority or an appointed examiner, unless the boiler or pressure
vessel and its auxiliary equipment has been examined in accordance with this
Ordinance and a certificate of fitness has been issued in respect thereof after that
examination.

(2) No pressurized fuel container shall be used or operated, except for the
purposes of this Ordinance by or under the direction of the Authority or an
appointed examiner unless the pressurized fuel container has been examined in
accordance with this Ordinance and has been certified in the manner provided by
this Ordinance to be in safe working order.

(3) No new pressurized fuel container shall be used or operated unless it has
been approved by the Authority or is of a type or brand that has been approved by
the Authority.

(4) No boiler or pressure vessel shall be operated at a greater pressure than the
pressure specified in the latest certificate of fitness issued in respect thereof as the
maximum permissible working pressure at which the boiler or pressure vessel may be
operated.

(5) No boiler or pressure vessel shall be used or operated otherwise than in
accordance with the conditions (if any) specified in the certificate of fitness issued
after the last examination thereof for the purposes of this Ordinance.

(6) No boiler or pressure vessel shall be used or operated during the
continuance in force of an order in respect thereof made under section 32.

(7) No boiler or steam receiver shall be operated except under the direct
supervision of a competent person whose certificate of competency certifies that he
is competent to operate all classes or types of boiler and steam receiver or that he is
competent to operate boilers or steam receivers of the class or type in question.

(8) In the event of a contravention of subsection (1), (2), (3), (5) or (7), the
owner of the boiler or pressure vessel, as the case may be, shall be guilty of an
offence and shall be liable on summary conviction to a fine of $30,000. (Amended 18
of 1982 s. 5)

(9) In the event of a contravention of subsection (4), the owner of the boiler or
pressure vessel, as the case may be, shall be guilty of an offence and shall be liable
on summary conviction to a fine of $30,000 unless he shows to the satisfaction of
the court that he did not know that the boiler or pressure vessel was being so
operated and that he had taken all reasonable steps to prevent its being so operated.
(Amended 18 of 1982 s. 5)

(10) In the event of a contravention of subsection (6), the owner of the boiler or
pressure vessel, as the case may be, shall be guilty of an offence and shall be liable
on summary conviction to a fine of 550,000. (Amended 18 of 1982s.5)

(Amended 87 of 1988 ss. 31, 33 35)





Contravention of certain provisions of Ordinance to be an
offence and penalty therefor

50. (1) The owner of a boiler or pressure vessel who, without reasonable
excuse, contravenes section 13, 15A, 16(2), 17, 62 or 63 shall be guilty of an offence
and shall be liable on summary conviction to a fine of $10,000. (Amended 93 of 1970 s.
6; 67 of 1978 s. 24; 87 of 1988 ss. 22 33)

(2) The owner of a steam container who, without reasonable excuse,
contravenes section 14, 15A or 62 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $10,000. (Amended 93 of 1970s.6;67of 1978s.24)

(3) The owner of a pressurized fuel container who, without reasonable excuse,
contravenes section 19, 21 or 20(3) shall be guilty of an offence and shall be liable
on summary conviction to a fine of $10,000. (Amended 87 of 1988 s. 31)

(Amended 18 of 1982 s. 6)

Owner of boiler or pressure vessel to he guilty of offence
in event of contravention of certain provisions of
Ordinance or of certain conditions

51. (1) In the event of a contravention of section 22, the owner of the boiler,
pressure vessel, steam container, fuel burning installation or appliance, as the case
may be, shall be guilty of an offence and shall be liable on summary conviction to a
fine $20,000.

(2) In the event of a contravention of section 48(4), the owner of the boiler or
pressure vessel shall be guilty of an offence and shall be liable on summary
conviction to a fine of $30,000.

(3) In the event of a contravention of a condition imposed on the grant of an
exemption under section 9 or specified in an order made under section 10(1), the
owner of the boiler or pressure vessel in question shall be guilty of an offence and
shall be liable on summary conviction to a fine $10,000.

(Amended 18 of 1982 s. 7;87 of 1988 s. 33)

Persons not to enter or he in certain boilers

52. (1) No person shall enter or be in any boiler that is one of a range of 2 or
more boilers unless

(a)all inlets through which steam, hot oil or hot water might otherwise enter
the boiler from any other part of the range are disconnected from that part;
or (Amended 87 of 1988 s. 23)

(b)all valves or cocks controlling such entry are closed and securely locked,
and, where the boiler has a blow-off pipe in common with one or more
boilers or delivering into a common blow-off vessel or sump, the blow-off
valve or cock on each such boiler is so constructed that it can be opened
only by a key that cannot be removed until the valve or cock is closed and
is the only key in use for that set of blow-off valves or cocks.

(2) In the event of a contravention of subsection (1), the owner of the boiler
shall be guilty of an offence and shall be liable on summary conviction to

a fine of $20,000.(Amended 18 of 1982 s. 8)





Offences in relation to use and operation of portable gas
generators, etc.

53. (1) Save with the permission of the Authority granted under section
59, no portable gas generator shall be used or operated.

(2) In the event of a contravention of subsection (1), the owner of the
portable gas generator shall be guilty of an offence and shall be liable on
summary conviction to a fine of $20,000.

(3) In the event of a contravention of a condition imposed on the grant by
the Authority under section 59 of his permission to use and operate a portable
gas generator, the owner of the portable gas generator shall be guilty of an
offence and shall be liable on summary conviction to a fine of $5,000.
(Amended 18 of 1982 s. 9; 87 of 1988 s. 35)

Offences in relation to Boards of Inquiry

54. Any person who, being duly summoned to attend as a witness any
sitting of a Board of Inquiry or to produce any document or thing, refuses or
neglects to do so or to answer any question put to him by or with the consent of
the Board of Inquiry shall be guilty of an offence and shall be liable on summary
conviction to a fine of $5,000 and to imprisonment for 6 months: (Amended 18
of 1982 s. 10)

Provided that no person shall be bound to incriminate himself and every
witness shall, in respect of any evidence given by him before a Board of Inquiry,
be entitled to the same privileges as those to which he would have been entitled
had he been giving evidence before a court of justice.

Miscellaneous offences and penalties therefor

55. (1) Any person who-

(a)forges a certificate of fitness or a certificate of competency or any
notice or form delivered or sent to the Authority or an authorized
officer pursuant to, or for the purposes of, this Ordinance or any other
document required by, under or for the purposes of this Ordinance;
(Amended 87 of 1988 s. 24)

(b)makes or causes to be made in a certificate of fitness or in any such
notice, form or document any statement or entry that is false in a
material particular;

(c)gives or signs a certificate of fitness or any such notice, form or
document knowing it to be false in a material particular;

(d)utters or makes use of a certificate of fitness or a certificate of
competency or any such notice, form or document knowing the same
to be forged or to be false in a material particular;

(e)utters or makes use of as applying to a boiler or pressure vessel a
certificate of fitness that to his knowledge does not so apply;

falsely certifies that he is satisfied that a pressurized fuel container is in
safe working order;





(g)applies to a pressurized fuel container a mark that to his knowledge
indicates falsely the date on which the pressurized fuel container was
examined in accordance with this Ordinance or that to his knowledge
indicates falsely that the pressurized fuel container has been examined in
accordance with this Ordinance;

(h)utters or makes use of as applying to any person a certificate of
competency that to his knowledge does not so apply;

(i) personates the person named in a certificate of competency; or

(j)wilfully obstructs or delays the Authority or an authorized officer in the
exercise of any power conferred upon him by this Ordinance, (Amended
11 of 1965 s. 3; 18 of 1982 s. 11; 87 of 1988 s. 24)

shall be guilty of an offence and shall be liable on summary conviction to a fine of
510,000 and to imprisonment for 12 months. (Amended 18 of 1982s.11;87 of 1988
ss. 31 33)

(22) Any person who, without reasonable excuse, fails to comply with a
requirement made by the Authority or an authorized officer in the exercise of a
power in that behalf conferred by this Ordinance shall be guilty of an offence and
shall be liable on summary conviction to a fine of $10,000. (Amended 11 of 1965 s. 3;
18 of 1982 s. 11; 87 of 1988 s. 24)

Corruption

56. (1) Any person who, by himself, or by or in conjunction with any other
person, corruptly solicits or receives, or agrees to receive for himself, or for any
other person, any gift, loan, fee, reward or advantage whatsoever as an inducement
to, or reward for, or otherwise on account of a boiler inspector, an air receiver
inspector or a pressurized fuel container inspector, other than such an inspector
who is an officer or servant of a public body within the meaning of the Prevention of
Bribery Ordinance (Cap. 201), giving a certificate of fitness or forbearing to make any
report or notification required to be made by this Ordinance or doing or forbearing to
do anything in respect of the giving of any such certificate or the making of any
such report or notification, shall be guilty of an offence. (Amended 87 of 1988 s. 31)

(2) Any person who, by himself, or by or in conjunction with any other person,
corruptly gives, promises or offers any gift, loan, fee, reward or advantage
whatsoever to any person, whether for the benefit of that person or another person,
as an inducement to, or reward Tor, or otherwise on account of a boiler inspector, an
air receiver inspector or a pressurized fuel container inspector, other than such an
inspector who is an officer or servant of a public body within the meaning of the
Prevention of Bribery Ordinance, giving a certificate of fitness or forbearing to make
any report or notification required to be made by this Ordinance or doing or
forbearing to do anything in respect of the giving of any such certificate or the
making of any such report or notification, shall be guilty of an offence. (Amended 87
of 1988 s. 31)

(3) Any person who is guilty of an offence under subsection (1) or (2) shall be
liable

(a)on summary conviction, to a fine of 530,000 and to imprisonment for 2
years; and





(b)on conviction on indictment, to a fine of $50,000 and to imprisonment for 5
years. (Amended 18 of 1982 s. 12)

(4) A prosecution for an offence under this section shall not be instituted
except by or with the consent of the Attorney General.

57. (Repealed 87 of 1988 s. 25)

PART VIII

SUPPLEMENTARY AND
MISCELLANEOUS

Approval of pressurized fuel containers

58. (1) Every application to the Authority for his approval of a pressurized
fuel container or for his approval of a type or brand of pressurized fuel container
shall be in writing.

(2) For the purpose of his consideration of any such application, the Authority
may require the person by or on behalf of whom the application was made to supply
him with such particulars (including plans and drawings) as he specifies.

(3) The Authority may refuse to approve a pressurized fuel container or a type
or brand of pressurized fuel container if

(a)the person by or on behalf of whom the application for approval was made
refuses or fails to supply him with any particulars that he has required
under subsection (2);

(b)the pressurized fuel container does not comply with a recognized
engineering standard or code. (Amended 87 of 1988 s. 30)

(4) Whenever the Authority approves a type or brand of pressurized fuel
container, a notification thereof shall be published in the Gazette.

(Amended 87 of 1988 ss. 31 35)

Portable gas generators

59. (1) The Authority may, upon application in writing by any person, permit
that person to use and operate a portable gas generator and may for the purpose of
such application require that the portable gas generator be examined by an
appointed examiner. (Amended 67 of 1978 s. 25)

(2) The grant by the Authority under subsection (1) of his permission to use
and operate a portable gas generator shall be subject to such conditions as to the
operation, maintenance, inspection or otherwise of the portable gas generator as the
Authority considers necessary.

(3) In the event of a contravention of any such condition, the Authority may
revoke his permission to use and operate the portable gas generator.

(Amended 87 of 1988 s. 35)

60. (Repealed 87 of 1988 s. 26)





Owner of boiler, etc. to deliver latest certificate of fitness
to examiner before next examination

61. Whenever an appointed examiner is about to examine any boiler or pressure
vessel, other than a pressurized fuel container, for the purposes of this Ordinance,
the owner of the boiler or pressure vessel shall deliver to such examiner the latest
certificate of fitness issued in respect thereof.

(Amended 87 of 1988 ss. 31 33)

Certificate of fitness to he kept in premises at which boiler
or pressure vessel in respect of which it was issued is
installed

62. Save as otherwise provided-

(a)the owner of a boiler or pressure vessel, other than a boiler or pressure
vessel that is so designed as to be transportable, and is transported, from
one place to another, shall keep the latest certificate of fitness issued in
respect of the boiler or pressure vessel, or a copy thereof, at the premises
or place at which the boiler or pressure vessel is installed; and (Amended
87 of 1988 s. 33)

(b)the owner of a steam container shall keep the report made after the last
examination of the steam container for the purposes of this Ordinance, or
a copy of that report, at the premises or place at which the steam container
is installed.

Provisions as to notification of accidents and defects in
boilers and pressure vessels

63. (1) Where-

(a)an accident occurs in or to a boiler or pressure vessel or its auxiliary
equipment; or

(b)the owner of a boiler or pressure vessel becomes aware of any defect
therein or in its auxiliary equipment that is likely to cause danger to life or
damage to property,

the owner of the boiler or pressure vessel shall forthwith cause the use and
operation thereof to be stopped and shall, as soon as practicable and in any event
within 24 hours, notify the Authority of the accident or defect, as the case may be,
and, where applicable, shall, at the same time, send to the Authority the latest
certificate of fitness issued in respect of the boiler or pressure vessel.

(2) Every such notice shall include the following particulars-

(a) the address or place at which the boiler or pressure vessel is installed;

(b) a general description of the boiler or pressure vessel;

(c) the purpose for which the boiler or pressure vessel is or was used;

(d)where applicable, the name and address of the appointed examiner who
issued the latest certificate of fitness in respect of the boiler or pressure
vessel;





(e) in the case of an accident in or to a boiler or pressure vessel-

(i) the number of persons killed or injured, if any;

(ii) details of the part thereof that failed and the extent of failure
generally, if known; and

(iii) the pressure at which the same was being operated at the time of
the accident; and

in the case of a defect in a boiler or pressure vessel, details of the nature
of the defect.

(Amended 87 of 1988 ss. 33 35)

Limitation of public liability and of personal liability of
public officers

64. (1) No liability shall rest upon the Government or upon any public officer by
reason of the fact that a boiler or pressure vessel and its auxiliary equipment (if any)
is registered or is subject to examination or testing under this Ordinance, or by
reason of the carrying out by a boiler inspector, an air receiver inspector or a
pressurized fuel container inspector, other than such an inspector who is a public
officer, of an examination or test pursuant to this Ordinance or a requirement of the
Authority made thereunder, or by reason of the carrying out by any other person of
any repairs or other work in respect of a boiler or pressure vessel pursuant to or for
the purposes of this Ordinance or by reason of any other matter or thing done, or
any certificate or report given or made under this Ordinance, by a boiler inspector,
an air receiver inspector or a pressurized fuel container inspector, other than such an
inspector who is a public officer, or by any other person. (Amended 87 of 1988 ss.
31, 33 35)

(2) No matter or thing done by the Authority or an authorized officer shall, if it
was done bona fide for the purpose of executing this Ordinance, subject him
personally to any action, liability, claim or demand whatsoever. (Amended 11 of
1965 s. 4; 67 of 1978 s. 26; 18 of 1982 s. 13; 87 of 1988 s. 27)

Regulations

65. (1) The Governor in Council may by regulation provide for-

(a)the design and construction of boilers and pressure vessels and their
auxiliary equipment;

(b)the numbering of boilers and pressure vessels and control of their
operation;

(c) fees. (Amended 87 of 1988 s. 34)

(2) Regulations made under this section may provide that contravention of
specified provisions of such regulations shall be an offence and may provide
penalties therefor:

Provided that no penalty so provided shall exceed a fine of $50,000 and
imprisonment for 2 years. (Amended 18 of 1982 s. 14)

Powers of Authority and inspectors, etc.

66. (1) The Authority and an authorized officer shall have the following

powers-(Amended 67 of 1978 s. 27; 18 of 1982 s. 15; 87 of 1988 s. 28)





(a)at any time, to enter, and where necessary, in the presence of a police
officer, to break into, any premises or place in which he knows or has
reason to believe that there is a boiler or pressure vessel for the
purpose of ascertaining whether or not the provisions of this
Ordinance or any regulations made thereunder are being or have been
complied with in respect of the boiler or pressure vessel or its auxiliary
equipment;

(b)at any time, to inspect, examine and test any boiler or pressure vessel
and its auxiliary equipment;

(c)to require the production of any certificate or other document issued,
kept or made for the purposes of or in connection with this Ordinance,
and to inspect, examine and make copies of the same; and

(d)generally, to make such examination and inquiry as may be necessary
to ascertain whether or not the provisions of this Ordinance or the
regulations made thereunder are being or have been complied with in
respect of any boiler or pressure vessel.

(2) (Repealed 8 7 of 1988 s. 28)

(3) An appointed examiner who is carrying out an examination of a boiler
or pressure vessel and its auxiliary equipment for the purposes of this Ordinance
may require the production of any certificate or other document issued, kept or
made for the purposes of or in connection with this Ordinance.

(4) A boiler inspector who is carrying out an examination of a pipe that
conveys oil, steam or water under pressure to or from a boiler, steam receiver or
steam container may require such minimum part of the lagging surrounding the
pipe as he considers necessary to be removed. (Amended 87 of 1988 s. 28)

(5)(a) Where an authorized officer or an appointed examiner is carrying
out an examination of a boiler or pressure vessel pursuant to or for the
purposes of this Ordinance, he may require- (Amended 18 of 1982
s. 15; 87 of 1988 s. 28)
(i) the removal from the boiler or pressure vessel of stays, tubes,
pipes or any other fittings that, in his opinion, prevent or may prevent
him from making a thorough examination of the boiler or pressure
vessel;
(ii) the removal from the boiler or pressure vessel or its auxiliary
equipment of lagging or brickwork or any other material covering any
part thereof, and
(iii) in order to enable him to ascertain the thickness or condition
of any part of the boiler or pressure vessel, the drilling of test holes in
the plates of the boiler or pressure vessel, the cutting of holes or the
removal of rivets.

(b)Any part of a boiler or pressure vessel that has been removed, and any
holes that have been drilled or cut, pursuant to a requirement of an
authorized officer or an appointed examiner under paragraph (a) shall
be replaced and repaired, respectively, to the satisfaction of the
authorized officer or the appointed examiner, as the case may be.
(Amended 18 of 1982 s. 15; 87 of 1988 s. 28)
(Amended 87 of 1988 s. 33)





Power of Authority to prescribe forms

67. (1) The Authority may by order prescribe the form of a certificate of fitness
and a certificate of competency and of any other document that is required by this
Ordinance to be in the prescribed form. (Amended 87 of 1988 s.36)

(2) A notification of any order made under subsection (1) shall be published in
the Gazette.

Service of orders and notices

68. Wherever in this Ordinance provision is made for the service upon any
person of an order or notice, it shall be sufficient service if a copy of the order or
notice is

(a) delivered to the person upon whom it is to be served;

(b)sent by registered post to the last known place of business or residence
of such person;

(e)left with an adult person at the premises at which the boiler or pressure
vessel to which it relates is installed; or

(d)left with any person found operating the boiler or pressure vessel to
which it relates.

(Amended 87 of 1988 s. 33)

Prosecution of offences

69. (1) Prosecutions for offences under this Ordinance may be brought in the
name of the Authority and may be commenced and conducted by any public officer
appointed under section 13 of the Magistrates Ordinance (Cap. 227).

(2) Nothing in this section shall derogate from the powers of the Attorney
General in relation to the prosecution of offences.

(Replaced 87 of 1988 s. 29)

Saying of certain Ordinances

70. This Ordinance shall be in addition to, and not in derogation of the
Factories and Industrial Undertakings Ordinance (Cap. 59), the Prevention of
Bribery Ordinance (Cap. 201), and the Mining Ordinance (Cap. 285).

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