VENTILATION OF SCHEDULED PREMISES (URBAN COUNCIL) BY-LAWS
Title
VENTILATION OF SCHEDULED PREMISES (URBAN COUNCIL) BY-LAWS
Description
VENTILATION OF SCHEDULED PREMISES (URBAN
COUNCIL) BY-LAWS
ARRANGEMENT OF BY-LAWS
By-law Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 2
4. Requirements with respect to ventilating systems ... ... ... ... ... ... ... CE2
5. Ventilating system to be kept in operation, etc. ... ... ... ... ... ... ... CE 4
6. Annual inspection of dampers, filters and precipitators ... ... ... ... ... ... CE 4
7. Cleaning of filters ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 5
8. Ventilation of kitchens, etc . ... ... ... ... ... ... ... ... ... ... ... ... CE 5
9. Electric motors to form part of ventilating system ... ... ... ... ... ... ... CE 5
10. Pipings or apparatus containing certain refrigerants not to be situated within air
stream of ventilating system ... ... ... ... ... ... ... ... ... ... ... CE 5
11. Requirements with respect to ventilating systems in scheduled premises used for
stage performances ... ... ... ... ... ... ... ... ... ... ... ... ... CE 5
12. Log books to be kept to record reading of fused running hour meters in theatres
and cinemas ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 5
13. Power of licensing authority to revoke licence of scheduled premises in certain
cases ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 6
14. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... CE6
15. Name in which proceedings for offences may be brought ... ... ... ... ... CE 7
VENTILATION OF SCHEDULED PREMISES (URBAN
COUNCIL) BY-LAWS
(Cap. 132, section 94A)
[26 November 1977.1
1. These by-laws may be cited as the Ventilation of Scheduled
Premises (Urban Council) By-laws.
2. These by-laws apply to the Urban Council area only.
3. In these by-laws, unless the context otherwise requires-
'Council' means the Urban Council;
'licensing authority' has the meaning assigned in section 93(5) of
the Ordinance.
4. (1) Save as provided in paragraph (2) and section 101 of
the Ordinance, every ventilating system in any scheduled premises
shall comply with the following provisions-
(a) all moving parts thereof shall be securely fenced;
(b)every part thereof shall be accessible for the purposes of
inspection, and, in particular-
(i) the spindle of every fan shall be so sited that its
guard may be removed and a tachometer applied thereto;
and
(ii) every air intake and exhaust shall be accessible for
the purposes of measurement;
(c)no air intake for the ventilating system shall be sited in any
place-
(i) which constitutes a fire hazard in the opinion of the
Director of Fire Services;
(ii) where waste or rubbish is likely to accumulate; or
(iii) where the air is for any reason impure or likely to
become impure;
(d)the opening of every air intake shall be fitted with a screen
constructed of corrosion-resistant material having a mesh
not greater than 12 mm;
(e) an air intake damper shall be-
(i) adjusted to a setting approved by the Council;
(ii) marked indelibly to indicate the approved setting;
and
(iii) secured against interference;
no exhaust from the ventilating system shall be sited in any
place where it causes, or is likely to cause, annoyance or
inconvenience to the public;
(g) every duct shall-
(i) be wholly constructed of non-combustible material
having a strength and durability similar to that of galva-
nized sheet iron or steel;
(ii) be accessible for the purposes of cleaning through-
out its entire length;
(iii) where its size is sufficient to allow any person to
enter therein, be fitted with access openings to allow a
person to enter the same for the purpose of cleaning, and
shall be constructed to bear the weight of any person who
has so entered;
(iv) be provided with a smooth and impervious internal
surface;
(v) where it passes through any floor, wall or ceiling, be
fitted with a damper which shall be operated by fusible
links of a type approved by the Director of Fire Services,
and designed to operate up to a temperature of 69'C, and
be so constructed or protected as to resist the action of fire
for a period not less than the period for which the floor,
wall or ceiling through which it passes is designed to resist
the action of fire;
(h) no duct shall serve more than one building;
(i) an air filter shall be-
(i) constructed wholly of non-combustible material,
other than steel wool;
(ii) of a design approved by the Council; and
(iii) installed in such manner that all incoming air
passes through it before being distributed within the
premises;
(j)every electrostatic filter or precipitator shall be of a type
approved by the Director of Fire Services;
(k)every blower fan shall be fitted with a fused running hour
meter connected to the load side of the fan contactor with a
device for recording time in minutes and hours or tenths or
lesser fractions of an hour;
(1)each fused running hour meter shall be sited in an easily
accessible and conspicuous place to facilitate inspection;
(m)each set of filters in a ventilating system shall be indicated
by a filter gauge, filter flag indicator or differential pressure
switch;
(n)filters shall be cleaned or replaced when the filter gauge,
filter flag indicator or diflerential pressure switch shows an
increase of 50 pascals over the designed air filter pressure
drop; and
(o)a filter flag indicator shall indicate 'dirty' when there is an
increase of 50 pascals over the designed air filter pressure
drop.
(2) Where it thinks fit and subject to such conditions as it may
specify, the Council may exempt any ventilating system in respect of
which application in writing in that behalf is made from compliance
with, all or any of the requirements of paragraph (1).
5. (1) Every ventilating system provided pursuant to the
requirements of a notice given under the provisions of subsection (1)
or (2) of section 93 of the Ordinance shall, at all times when the
premises for which it is provided are open to the public, be kept in
operation so as to provide, respectively, the amount of outside air
required to be provided by the provisions of subsection (1) or the
notice given under the provisions of subsection (2).
(2) Every ventilating system provided in any scheduled prem-
ises otherwise than pursuant to the requirements of a notice given
under the provisions of subsection (1) or (2) of section 93 of the
Ordinance shall, at all times when the premises are open to the
public, be kept fully in operation.
(3) Where the ventilation of any scheduled premises is derived
wholly or partly from natural ventilation, the natural ventilation
shall, at all times when the premises are open to the public, be kept
free from obstruction.
6. (1) Every damper, filter and precipitator in any ventilat-
ing system that embodies the use of ducting or trunking in any
scheduled premises shall be inspected at intervals not exceeding 12
months by a registered ventilation contractor.
(2) A registered ventilation contractor who inspects any
ventilating system under this by-law shall within 14 days of such
inspection issue to the person on whose instructions the inspection
was carried out a certificate and send a copy thereof to the Director
of Fire Services.
(3) A certificate issued under paragraph (2) shall state-
(a) the address at which the inspection was carried out;
(b)whether or not the dampers, filters and precipitators are in
safe and efficient working order; and
(c)the name and address of the registered ventilation contrac-
tor who carried out the inspection.
7. Every filter in a ventilating system in scheduled premises
shall be cleaned to the satisfaction of the Council at intervals not
exceeding 14 days.
8. A ventilating system, which shall be independent of any
ventilating system provided for the public parts of any scheduled
premises, shall be provided for the kitchens, latrines and any other
parts of such premises as may be considered necessary by the
Council.
9. (1) Electric motors and other apparatus shall not be
installed in any air duct or in the air stream of any ventilating system
unless they form part of the ventilating system.
(2) Electric motors and other apparatus forming part of the
ventilating system-
(a)shall be totally enclosed in a way to exclude dust and dirt;
and
(b)if they are installed in an air-input duct, shall be of such
design that, in the event of overheating, smoke will not be
discharged into the air stream.
10. (1) Pipings or apparatus containing a refrigerant having
inflammable, toxic or irritant properties shall not be situated within
the air stream of any ventilating system in scheduled premises.
(2) Notwithstanding paragraph (1), the Council may permit in
a ventilating system the use of a refrigerant referred to in that
paragraph if the air is cooled by indirect means.
11. Scheduled premises used for stage performances shall be so
ventilated that-
(a)during performances the direction of air movement is from
the auditorium to the stage;
(b)extract openings (if provided) from the stage shall be at a
high level and above the stage grid; and
(c)any mechanical air-input system serving a stage with a
safety curtain shall be entirely independent of the audi-
torium air-input system.
12. (1) Where a theatre or cinema is provided with a ventilat-
ing system, the reading of every fused running hour meter shall be
correctly recorded in a log book at the beginning and end of each
performance.
(2) The log book shall be retained for not less than 2 months
and shall be available for inspection by the Council at all reasonable
times.
13. The licensing authority may revoke the licence issued or
granted by it in respect of any scheduled premises, either temporarily
or permanently, in the following cases-
(a)in the event of any contravention in respect of the ventilat-
ing system provided for such premises of any of the
provisions of by-law 4, 5, 7, 8, 9 or 10;
(b)in the event of any contravention of any of the provisions
of by-law 11 or 12;
(c)in the event of any failure to comply with the conditions
imposed under the provisions of by-law 4(2);
(d)where the Director of Fire Services receives a certificate
under the provisions of by-law 6(2) specifying that the
dampers, filters and precipitators, or any of them, of the
ventilating system provided for such premises are not in
safe and efficient working order;
(e)where the Director of Fire Services is satisfied that the
dampers, filters and precipitators, or any of them, of the
ventilating system provided for such premises have not
been inspected in accordance with the provisions of
by-law 6(1);
if, at any time, the Director of Fire Services is of the
opinion that the ventilating system provided for such
premises, or any part of such ventilating system, is not
in safe and efficient working order.
14. (1) Any licensee or owner of any scheduled premises
who-
(a)fails to comply with any conditions imposed under
by-law 4(2);
(b)fails to keep the ventilating system provided therefor in
operation in accordance with the provisions of by-law 5(1)
or (2), as the case may be;
(c)fails to keep the natural ventilation free from obstructions
in accordance with the provisions of by-law 5(3),
shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000 and imprisonment for 3 months.
(2) Any person who-
(a)alters or tampers with the approved setting of an air intake
damper as provided under by-law 4(1)(e); or
(b)interferes with the proper functioning of the instruments in
any ventilating system in scheduled premises,
with intent to deceive the Council or any public officer authorized in
writing by the Council to exercise the powers conferred by the
Ordinance or these by-laws shall be guilty of an offence and shall
be liable on conviction to a fine of $2,000 and imprisonment for
3 months.
(3) Any person who-
(a) contravenes by-law 6(2); or
(b)makes or causes to be made in a certificate issued under
by-law 6(2) a statement which he knows or reasonably
ought to know to be false in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000 and imprisonment for 3 months.
(4) For the purposes of paragraph (1), 'owner' means any
person in control of the scheduled premises whether as tenant
thereof or under any licence from a tenant thereof.
15. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.
L.N. 260/77. L.N. 301/82. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Requirements with respect to ventilating systems L.N. 301/82. Ventilating system to be kept in operation, etc. Annual inspection of dampers, filters and precipitators. Cleaning of filters. Ventilation of kitchens, etc. Electric motors to form part of ventilating system. Pipings or apparatus containing certain refrigerants not to be situated within air stream of ventilating system. Requirements with respect to ventilating systems in scheduled premises used for stage performances. Log books to be kept to record reading of fused running hour meters in theatres and cinemas. Power of licensing authority to revoke licence of scheduled premises in certain cases. Offences and penalties. Name in which proceedings for offences may be brought.
Abstract
L.N. 260/77. L.N. 301/82. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Requirements with respect to ventilating systems L.N. 301/82. Ventilating system to be kept in operation, etc. Annual inspection of dampers, filters and precipitators. Cleaning of filters. Ventilation of kitchens, etc. Electric motors to form part of ventilating system. Pipings or apparatus containing certain refrigerants not to be situated within air stream of ventilating system. Requirements with respect to ventilating systems in scheduled premises used for stage performances. Log books to be kept to record reading of fused running hour meters in theatres and cinemas. Power of licensing authority to revoke licence of scheduled premises in certain cases. Offences and penalties. Name in which proceedings for offences may be brought.
Identifier
https://oelawhk.lib.hku.hk/items/show/2644
Edition
1964
Volume
v10
Subsequent Cap No.
132
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“VENTILATION OF SCHEDULED PREMISES (URBAN COUNCIL) BY-LAWS,” Historical Laws of Hong Kong Online, accessed April 30, 2025, https://oelawhk.lib.hku.hk/items/show/2644.