AIR POLLUTION CONTROL (FURNACES, OVENS AND CHIMNEYS) (INSTALLATION AND ALTERATION) REGULATIONS

AIR POLLUTION CONTROL (FURNACES, OVENS AND CHIMNEYS) (INSTALLATION AND ALTERATION) REGULATIONS

AIR POLLUTION CONTROL
(FURNACES, OVENS AND CHIMNEYS)
(INSTALLATION AND ALTERATION) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation
Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

3. Application... ... ... ... ... ... ... ... ... ... ... .. ... ... A 2

4. Submission of plans for approval by Authority . ... ... ... ... ... ... A 3

5. Power of Authority to require additional plan ... ... ... ... ... ... ... A 3

6. Plans to be prepared by authorized person or qualified engineer and to scale
... A 4

7. Specifications ... ... ... ... ... ... ... ... ... ... ... .. ... ... A 4

8. Refusal of approval of plan ... ... ... ... ... ... ... ... ... ... ... A 5

9. Approval deemed given if refusal not notified ... ... ... ... ... ... ... A 5

10. Certificate of approval... ... ... ... ... ... ... ... ... ... ... ... A 6

11. Prohibition of carrying out work without approval ... ... ... ... ... ... A 6

12. Offences and penalties... ... ... ... ... ... ... ... ... ... ... ... A 6

Schedule. Form of Certificate of Approval ... ... ... ... ... ... ... ... ... ... A 7





AIR POLLUTION CONTROL
(FURNACES, OVENS AND CHIMNEYS)
(INSTALLATION AND ALTERATION) REGULATIONS

(Cap. 311, section 43)

[15 December 1972.]

1. These regulations may be cited as the Air Pollution Con-
trol (Furnaces, Ovens and Chimneys) (Installation and Alteration)
Regulations.

2. In these regulations, unless the context otherwise
requires-

,,authorized person' means a person whose name is for the time
being on the authorized persons' register kept under section
3(1) of the Buildings Ordinance-

(a) as an architect, in list 1 therein; or

(b) as a civil or structural engineer, in list 11 therein; or

(c) as a surveyor, in list 111 therein;

,,occupier' means-

(a)the occupier of premises on which a furnace, oven, chim-
ney or flue is to be installed, altered or modified; and

(b)the person having the management or control or receiving
the profits of the business carried on in such premises;

'qualified engineer' means a person who is a corporate member of
the Institution of Chemical Engineers, the Institute of Energy,
the Institution of Gas Engineers, the Chartered Institution of
Building Services Engineers, the Institution of Mechanical
Engineers or the Institute of Marine Engineers or a corporate
member of the Hong Kong Institution of Engineers (building
services, chemical, marine or mechanical engineering disci-
plines) admitted on or after 5 December 1975;

'specifications' in relation to a furnace, oven, chimney or flue means
the specifications prescribed under regulation 7.

3. (1) These regulations shall not apply to premises on which
any work is intended to be carried out in relation to the installation,
alteration or modification of-

virtue of section 36(1) of the Interpretation and General Clauses Ordinance,
continue to have the like effect as if they had been made under the present Air
Pollution Control Ordinance.





(a)a furnace or oven, or a chimney or flue connected thereto,
which consumes not more than

(i) 25 litres of conventional liquid fuel per hour; or

(ii) 35 kilograms of conventional solid fuel per hour; or

(iii) 1 150 megajoules of any gaseous fuel per hour;

(b) a furnace or oven which is operated solely by electricity; or

(e)a furnace, oven, chimney or flue used for the conduct of a
specified process upon any premises where

(i) the conduct of that specified process is licensed under
the Ordinance; or

(ii) the owner of such premises is exempt from the operation
of section 13 of the Ordinance by reason of the application of
section 20 of the Ordinance in relation to that specified
process.

(2) In this regulation-

'conventional liquid fuel' means kerosene, diesel oil, petroleum and
any equivalent liquid fuel;

'conventional solid fuel' means coal, coke, charcoal, wood and any
equivalent solid fuel.

4. (1) The occupier of any premises on which work is intended to
be carried out in relation to

(a)the installation on the premises of a furnace, oven, chimney or
flue;

(b)the alteration or modification of a furnace, oven or chimney
existing on the premises; or

(c)the alteration or modification of a flue between a furnace and
chimney or between an oven and chimney existing on the
premises,

shall, not less than 28 days prior to the commencement of such work,
submit to the Authority for his approval plans showing the elevations
and plan views of the furnace, oven, chimney or flue which is to be
installed, altered or modified, together with specifications of the same.

(2) Any plans and specifications submitted to the Authority in
pursuance of an application under section 14, 16, 18 or 23 of the
Ordinance shall be deemed to have been submitted also for the
purposes of paragraph (1) if those plans and specifications include the
plans and specifications of any furnace, oven, chimney or flue.

5. The Authority may, if he considers it necessary, require the
occupier to submit for his approval, in addition to the plans required by
regulation 4, a block plan showing the buildings surrounding the
premises and may specify the period within which such block plan shall
be submitted to him.





6. A plan submitted under regulation 4 or 5 to the Authority
for approval shall be-
(a) if it is a block plan-
(i) prepared by an authorized person; and
(ii) drawn to a scale of not less than 1:500; and
(b) if it is a plan showing elevations or plan views-
(i) prepared by either an authorized person or a quali-
fied engineer; and
(ii) drawn to a scale of not less than 1: 100.

7. (1) Specifications in respect of a furnace, oven, chimney
or flue submitted to the Authority for approval shall include the
following-
(a)the type, grade and quantity (including the estimated
maximum and average quantity according to the manu-
facturer's published ratings) of fuel to be consumed-
(i) if a furnace or oven is to be installed, altered or
modified, in that furnace or oven and in any other furnace
or oven connected to the same common chimney or flue as
that furnace or oven; and
(ii) if a chimney or flue is to be installed, altered or
modified, in the furnace or oven connected to that chimney
or flue;
(b)the number of hours in each period of 24 hours during
which the furnace, oven, chimney or flue to be installed,
altered or modified will be operated;
(c)details of any automatic or semi-automatic control con-
nected to the furnace, oven, chimney or flue to be installed,
altered or modified;
(d)details of any control on the quantity of fuel consumed in
and air admitted to the furnace or oven to be installed,
altered or modified;
(e)if the furnace or oven to be installed, altered or modified is
attached to a boiler for the purpose of raising steam or
heating water, the manufacturer's published rating of the
boiler;
structural details which shall include the height, the cross
sectional area at the top and the material of construction
of any chimney, whether to be installed or existing on the
premises, through which the products of combustion from
the furnace or oven to be installed, altered or modified may
be conveyed to the atmosphere;
(g)if the fuel to be consumed in the furnace or oven to be
installed, altered or modified is a solid fuel, full details of
any mechanical stoking device connected thereto; and





(h)if the fuel to be consumed in the furnace or oven to be
installed, altered or modified is a liquid or gaseous fuel, full
details of the burner appliance which is to be fitted to that
furnace or oven and to any existing furnace or oven using the
same common chimney or flue.

(2) The Authority may, if he considers it necessary, require the
occupier to submit for his approval further details in respect of
specifications specified in paragraph (1) and may specify the period
within which the details shall be submitted to him.

(3) Specifications specified-

(a)in paragraphs (1)(a), (b), (c), (d), (e), (g) and (h) shall be
prepared by a qualified engineer; and

(b)in paragraph (1)(f) shall be prepared by an authorized person.

8. (1) The Authority may refuse to give his approval to any plans
and specifications submitted to him under regulation 4, 5 or 7 if he is not
satisfied that the furnace, oven, chimney or flue in respect of which
such plans and specifications are submitted, can be operated

(a) without contravening the Ordinance;

(b)without causing or contributing to the existence or imminence
of an air pollutant nuisance; or

(c)without emitting a greater quantity of air pollutant than need
be by reason of

(i) unsuitable design, defective construction or
maintenance;

(ii) excessive wear and tear;

(iii) the use of unsuitable fuel or other material; or

(iv) any other cause.

(2) If the Authority refuses to give his approval under paragraph
(1), he shall by notice in writing signify his refusal and the reasons
therefor to the occupier who submitted the plans and specifications.

9. (1) If any plans and specifications are submitted to the Authority
for his approval under regulation 4, 5 or 7, approval shall be deemed to
have been given unless he has signified his refusal to give his approval
under regulation 8(2) within 28 days from the time of submission of the
plans and specifications.

(2) Nothing in this regulation shall apply to an application which is
deemed by regulation 4(2) to have been submitted for the purposes of
regulation 4(1).





10. If the Authority gives his approval to any plans and
specifications submitted to him, he shall issue a certificate of
approval in the form prescribed in the Schedule, to the occupier who
has submitted the same.

11. No occupier shall carry out or cause or permit to be carried
out any work in relation to installation, alteration or modification of
any furnace, oven, chimney or flue on his premises unless approval
in respect of all the plans and specifications of the same is obtained
in accordance with these regulations.

12. (1) An occupier who contravenes regulation 11 shall be
guilty of an offence and shall be liable on conviction to a fine of
$5,000 and, in addition, shall be liable to a fine of $50 for each day
during which the offence has continued.

(2) If in any proceedings in respect of a contravention of
regulation 11 the court is satisfied that the defendant committed the
contravention, it may, either of its own volition or on the application
of the Authority, in addition to or instead of imposing a fine, make
an order-

(a)prohibiting the defendant from operating the furnace,
oven, chimney, or flue involved in the contravention from
such date as may be specified in the order; or

(b)requiring him, within such period as may be specified in the
order, to dismantle or remove the furnace, oven, chimney,
or flue; or

(c)requiring him to submit to the Authority, within 28 days
after the making of the order, such plans and specifications
as would have been required under regulation 4 if the
contravention had not taken place.

(3) If the court makes an order under paragraph (2)(b) or (c) it
shall adjourn the proceedings for such period as it thinks necessary
to enable the order to be complied with, in which case it may defer its
decision as to whether or not to impose a penalty in respect of the
contravention until the proceedings are resumed.

(4) The period for complying with an order under paragraph
(2)(b) or (c) may be extended by the court on the application of the
defendant made before or after the expiration of that period.

(5) Any defendant who, without reasonable excuse, fails to
comply-

(a) with an order under paragraph (2)(a); or
(b)with an order under paragraph (2)(b) within the period
specified in the order or within such extended period as the
court may have allowed under paragraph (4),





shall, in addition to being guilty of an offence against paragraph (1), be
guilty of a further offence and shall be liable on conviction to a fine of
$1,000 and to an additional fine of $50 for each day during which the
offence has continued.

(6) Where an order is made under paragraph (2)(c), the defendant
shall submit to the Authority for his approval within 28 days after the
making of the order the plans and specifications referred to in paragraph
(2)(c).

(7) Where the defendant has submitted plans and specifications to
the Authority in accordance with paragraph (6), the provisions of
regulations 5 to 10, shall apply, with any necessary modifications, as if
the plans and specifications had been submitted under regulation 4 and
the installation, alteration or modification had not yet been carried out.

(8) If the defendant-

(a)fails to comply with an order made under paragraph (2)(c)
within 28 days after the making of the order or such further
period as the court may have allowed under paragraph (4); or

(b)has complied with the order but the Authority has notified the
defendant that he has refused to approve the plans and
specifications submitted to him,

the court may, on the application of the Authority, make an order
against the defendant under paragraph (2)(a) or (b).

...................SCHEDULE [reg. 10.]
...................FORM OF CERTIFICATE OF APPROVAL
...................AIR POLLUTION CONTROL (FURNACES, OVENS AND CHIMNEYS)
(INSTALLATION
...................AND ALTERATION) REGULATIONS
..................
...................Certificate of Approval issued under regulation 10


Date
.............................................
......

To
occupier

of the premises at
........................



I hereby certify that approval has been given in respect of the plans




(reference Nos . ...................... and the specifications submitted by



you for approval on ...................in accordance with regulations


4, 5 and 7 of the Air Pollution Control (Furnaces, Ovens and Chimneys)






m fill A VI R 8 C -AM





(Installation and Alteration) Regulations for the *installation/alteration/
modification of a furnace/ oven/ chimney/flue at the above-mentioned premises.

.................

Authority



*Delete whichever is not applicable.



or an authorized officer and should be kept in a safe place at the
abovementioned premises.
L.N. 258/72. L.N. 36/75. L.N. 202/79. 17 of 1983. L.N. 261/87. L.N. 282/87. L.N. 367/87. Citation. 17 of 1983, s. 50. Interpretation. L.N. 36/75. L.N. 202/79. L.N. 261/87. (Cap. 123.) L.N. 367/87. L.N. 367/87. L.N. 261/87. L.N. 367/87. Application. L.N. 261/87. L.N. 261/87. Refusal of approval of plan. L.N. 202/79. 17 of 1983, s. 50. L.N. 282/87. Approval deemed given if refusal not notified. L.N. 202/79. 17 of 1983, s. 50. L.N. 282/87. L.N.. 261/87. Certificate of approval. L.N. 202/79. 17 of 1983, s. 50. Schedule. Prohibition of carrying out work without approval. Offences and penalties. L.N. 36/75. L.N. 202/79. 17 of 1983, s. 50. L.N. 261/87. Submission of plans for approval by Authority. L.N. 202/79. 17 of 1983, s. 50. L.N. 261/87. L.N. 261/87. Power of Authority to require additional plan. L.N. 202/79. 17 of 1983, s. 50. Plans to be prepared by authorized person or qualified engineer and to scale. L.N. 202/79. 17 of 1983, s. 50. L.N. 261/87. Specifications. L.N. 202/79. 17 of 1983, s. 50. L.N. 202/79.

L.N. 258/72. L.N. 36/75. L.N. 202/79. 17 of 1983. L.N. 261/87. L.N. 282/87. L.N. 367/87. Citation. 17 of 1983, s. 50. Interpretation. L.N. 36/75. L.N. 202/79. L.N. 261/87. (Cap. 123.) L.N. 367/87. L.N. 367/87. L.N. 261/87. L.N. 367/87. Application. L.N. 261/87. L.N. 261/87. Refusal of approval of plan. L.N. 202/79. 17 of 1983, s. 50. L.N. 282/87. Approval deemed given if refusal not notified. L.N. 202/79. 17 of 1983, s. 50. L.N. 282/87. L.N.. 261/87. Certificate of approval. L.N. 202/79. 17 of 1983, s. 50. Schedule. Prohibition of carrying out work without approval. Offences and penalties. L.N. 36/75. L.N. 202/79. 17 of 1983, s. 50. L.N. 261/87. Submission of plans for approval by Authority. L.N. 202/79. 17 of 1983, s. 50. L.N. 261/87. L.N. 261/87. Power of Authority to require additional plan. L.N. 202/79. 17 of 1983, s. 50. Plans to be prepared by authorized person or qualified engineer and to scale. L.N. 202/79. 17 of 1983, s. 50. L.N. 261/87. Specifications. L.N. 202/79. 17 of 1983, s. 50. L.N. 202/79.

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