BUILDINGS ORDINANCE - minor amendment

BUILDINGS ORDINANCE - minor amendment

CHAPTER 123

BUILDINGS

1. The Buildings Ordinance is amended-

(1) by repealing section 1(2) and substituting-

(2) This Ordinance shall apply to the New Territories
in the manner provided by the Buildings Ordinance
(Application to the New Territories) Ordinance.
(Replaced 60 of 198 7 s. 14)

(2) in section 2-

(a) in subsection (1)-
(i) in the definition of 'authorized person', in
paragraph (b) by repealing 'municipal';
(ii) in the definition of 'Building Authority', by
repealing 'Building Development' and substituting
'Buildings and Lands';
(iii) by adding after the definition of 'drainage
works'
'escalator' has the meaning assigned to it in section 2
of the Lifts and Escalators (Safety) Ordinance;
(Added43 of 1987s. 44)
(iv) by repealing the definition of 'registered escalator
contractor' and substituting-
'registered escalator contractor' has the meaning
assigned to it in section 2 of the Lifts and
Escalators (Safety) Ordinance; (Replaced 43 of
1987s.44)
(v) by repealing the definition of 'registered lift
contractor' and substituting-
'registered lift contractor' has the meaning assigned
to it in section 2 of the Lifts and Escalators
(Safety) Ordinance; (Replaced 43 of 1987s. 44)

(b)in subsection (2) by repealing 'Director of Building
Development' and substituting 'Director of Buildings and
Lands';

(3) in the Heading to Part I by repealing ', REGISTERED
LIFT CONTRACTORS, REGISTERED ESCALATOR
CONTRACTORS';

(4) in section 3-

(a) in subsection (2)(b) by repealing ', municipal';

(b) in subsection (5)-





(i) in paragraph (b)-
(A) in sub-paragraph (ii) by adding after 'Office'-

, who shall, in the absence of the Principal
Government Building Surveyor, act as
chairman
(B)in sub-paragraph (vii) by repealing 'the
Technical Secretary,' and substituting 'a
technical secretary of the';
(ii) in paragraph (d)-
(A) by repealing '6' and substituting '5';
(B)by repealing 'the persons referred to in
paragraph (b)(i), (ii) and (vii)' and substituting-

at least one of the persons referred to in
paragraph (b)(i) and (ii), and the person
referred to in paragraph (b)(vii)

(c) by adding after subsection (9)-

(9A) An application that has been deferred
under subsection (9)(b) shall, when it comes up for
consideration again-

(a)be accepted, so that the applicant is included
in the appropriate list or registered, as the
case may be, upon payment of the
prescribed fee; or

(b) berefused.(Added57of 1987s. 3)

(5) in section 8-

(a) in subsection (1)-
(i) by adding 'and' at the end of paragraph (a);
(ii) by repealing paragraphs (b) and (c);

(b)in subsection (3)(b) by repealing 'the register of lift
contractors or the register of escalator contractors or',
'lift works or escalator works or' and ', as the case may
be';

(c)in subsection (4)(b) by repealing 'the register of lift
contractors or the register of escalator contractors or';

(d)in subsection (6) by repealing ', registered lift contractor,
registered escalator contractor' and 'lift works, or
escalator works,';

(6) by repealing section 10(3);

(7) in section 11(3)-

(a) by repealing '8(4)(a)' and substituting '8(4)(b)';
(b)by repealing 'a registered lift contractor or a registered
escalator contractor or';





(8) in section 13-

(a) in subsection (1)-
(i) by repealing ', a registered lift contractor, a
registered escalator contractor';
(ii) by adding 'or' at the end of paragraph (a);
(iii) by repealing paragraphs (b) and (c);

(b)in subsection (2)(a) by repealing 'or the register of lift
contractors or the register of escalator contractors';

(c)in subsection (3) by repealing ', lift contractor, escalator
contractor';

(d)in subsection (4)(a) by repealing ', registered lift
contractor, registered escalator contractor';

(9) in section 16(1) by adding after paragraph (d)-

(da) the building works are within a comprehensive
development area of an approved or draft plan
prepared under the Town Planning Ordinance and the
works contravene a master lay-out plan approved
by the Town Planning Board under section 4A(2)
of the Town Planning Ordinance; (Added 2 of 1988
S.8(1))

(10) in section 17(1), in item 6 of Column A in the table by repealing
paragraphs (a) and (b) and substituting-

(a)the structural use of materials; (Replaced 57of 1987
s.4)

(b)site formation works, excavation works, piling works
or any other structural works; or (Replaced 57 of
1987s.4)

(11) in section 18-

(a) in subsection (1)(ii)--
(i) by repealing 'Director of Building Development'
wherever it occurs and substituting 'Director of Buildings
and Lands';
(ii) by repealing 'Building Development Department'
and substituting 'Buildings and Lands Department';

(b) in subsection (3)---
(i) by repealing 'Director of Building Development'
wherever it occurs and substituting 'Director of Buildings
and Lands';
(ii) by repealing 'Building Development Department'
and substituting 'Buildings and Lands Department';





(12) in section 24(3) by adding 'building,' after 'such';

(13) in section 32(2)(b) by repealing 'Lands' and substituting
'Buildings and Lands';

(14) by adding after section 32-

32A. In any case where under this Ordinance the
Building Authority is authorized to carry out or cause to
be carried out works (in this section referred to as 'the
principal works'), he may also carry out or cause to be
carried out such other works, and provide or cause to be
provided such services, as he considers necessary for the
carrying out of the principal works and may recover the
costs thereof from the person liable for the costs of the
principal works under this Ordinance.
(Added 57 of 1987s. 5)

(15) in section 33(1) by adding after 'or caused to be carried out by
him'-

or to recover the costs of services provided by him or
caused to be provided by him

(16) in section 34 by repealing 'section 24, 24A, 26 or 27A' and
substituting 'this Ordinance;

(17) in section 38(1)(a) by repealing sub-paragraphs (iv) and (v);

(18) in section 41 by adding after subsection (3)-

(3A) Drainage works may be carried out in or for
any existing building without application to or approval
from the Building Authority if those works do not
involve-

(a) the structure of any building;

(b)any drain or sewer into which there is
discharged, or it is intended to discharge, any
trade effluent, chemical refuse, waste steam,
petroleum spirit, carbide of calcium, acid, grease
or oil;

(c)altering any manhole at which any drain or sewer
from the building is connected with a public
sewer;

(d) altering any septic tank or cesspool; or

(e)making a direct or indirect connection of an
additional drain or sewer to a septic tank or
cesspool:





Provided that nothing in this subsection shall permit
any drainage works to be carried out in contravention of
any regulation.(Added 57 of 1987s. 8)

(19)in section 114(10) in the Second Schedule, by repealing
'Building Development' and substituting 'Buildings and
Lands';

(20) by repealing the Fourth Schedule and substituting---

FOURTH SCHEDULE [s. 2(2)]
1 . Housing Department.
2. Buildings and Lands Department.

3. Architectural Services Department.

4. Territory Development Department.

5. Civil Engineering Services Department.

6. Highways Department.
(Replaced L.N. 94 of 1986.Amended L.N. 127 of 1986)

2. The Building (Administration) Regulations are amended-

(1) in regulation 3-

(a) in paragraph (1)-
(i) in sub-paragraph (a) by repealing 'Royal Institute
of British Architects' and substituting-
Hong Kong Institute of Architects
(ii) in sub-paragraph (b) by adding after 'recognized
by'--

the Building Authority on the recommendation of
(iii) in sub-paragraph (d)-
(A)by repealing sub-sub-paragraph (i) and sub-
stituting-
(i) has an academic qualification in
architecture recognized by the Building
Authority on the recommendation of the
Registration Committee;
(B)in sub-sub-paragraph (ii) by repealing 'degree'
and substituting---
academic qualification

(b) in paragraph (2)--
(i) in sub-paragraph (a) by adding after 'corporate
member of '-
the Hong Kong Institution of Engineers (civil or
structural engineering disciplines) admitted on or
after 5 December 1975,





(ii) by repealing sub-paragraph (b);
(iii) in sub-paragraph (c) by adding after 'recognized
by'--
the Building Authority on the recommendation of
(iv) in sub-paragraph (d)-
(A)by repealing sub-sub-paragraph (i) and sub-
stituting-
(i) has an academic qualification in
engineering recognized by the Building
Authority on the recommendation of the
Registration Committee;
(B)in sub-sub-paragraph (ii) by repealing 'degree'
and substituting 'academic qualification';

(c) in paragraph (3)-
(i) in sub-paragraph (b) by repealing the full stop at the
end thereof and substituting '; and';
(ii) by adding after sub-paragraph (b)---
(c) complies with paragraph (6).

(d) in paragraph (4)-
(i) in sub-paragraph (a) by adding after 'corporate
member of '-
the Hong Kong Institution of Engineers (structural
engineering discipline) admitted on or after 5
December 1975 or
(ii) in sub-paragraph (b)(i) by adding after 'corporate
member of '-
the Hong Kong Institution of Engineers (civil
engineering discipline) admitted on or after 5
December 1975 or
(iii) in sub-paragraph (c)(i) by adding after 'recognized
by'-
the Building Authority on the recommendation of
(iv) in sub-paragraph (d)-
(A)by repealing sub-sub-paragraph (i) and sub-
stituting-
(i) has an academic qualification in
structural engineering recognized by the
Building Authority on the recommendation
of the Registration Committee;
(B)in sub-sub-paragraph (ii) by repealing 'degree'
and substituting 'academic qualification';

(e) by repealing paragraph (5) and substituting---

(5) Nothing in paragraph (1), (2), (3) or (4) shall
affect any person who has been included in a register
before 1 May 1987.





in paragraph (6) by adding 'gained in Hong Kong' after
'practical experience';

(2)in regulation 4(1) by repealing sub-paragraphs (b) and (c) and
substituting-
(b) satisfy the Registration Committee of his suitability
for inclusion in the authorized persons' register or
structural engineers' register and, if required by the
Registration Committee, attend a professional
interview before the Registration Committee; and
(c)where the application is made under regulation
3(1)(d) or 3(2)(d) or 3(4)(a), pay the prescribed fee
and pass an examination in professional practice and
practical experience based upon such syllabus as the
Registration Committee shall from time to time
specify.

(3) in regulation 8(1)(h)(i) by repealing '16,';

(4) in regulation 42 in the Table of Fees-

(a) in item 1 by repealing '$500', '$100' and '$250' and
substituting respectively '1,200', '$250' and '$600';
(b)in items 2 and 4A by repealing '$100' wherever it occurs
and substituting in each case. '$250';
(c) by repealing items 3 and 4;
(d) by repealing item 6 and substituting---
6. For an examination Applicant. $750
under regulation 4(1)(c).
(e) in item 7 by repealing '$400' and substituting '$1,000';
(f) in item 8 by repealing '$200' and substituting '$500';
(g) in item 9 by repealing '$50' and substituting '$300';
(h) in item 10 by repealing 'MY' and substituting '5150';

(5)in regulation 45 by repealing ', registered lift contractor,
registered escalator contractor';

(6)in the Schedule by repealing Form 4, Form 5, Form 6 and
Form 7.

3. The Building (Construction) Regulations are amended-

(1)in regulation 25(3), in column 2 of Table VII by repealing 'or
asbesto-cement' in paragraph (a)(i) of Class No. 9;

(2) in regulation 81(2)-
(a) by repealing the colon and substituting therefor a full stop;

(b) by repealing the proviso;





(3) in the Third Schedule-

(a) in Table C-
(i) under the heading 'SOLID PROTECTION', by
repealing the items relating to 'Sprayed Asbestos' in the
two places where they occur;
(ii) under the heading 'HOLLOW PROTECTION', by
repealing the items relating to 'Moulded asbestos' in the
two places where they occur;

(b)in Table G, by repealing the item relating to 'Fire-check
flush doors'.

4. The Building (Escalators) Regulations are amended by adding
after regulation 3-

3A. Save insofar as provision is made therefor in these
regulations, every escalator and any machinery, mechanism,
electrical installation or equipment connected or associated
therewith shall be designed and installed or constructed, as the
case may be, in accordance with the current relevant British
Standard Code of Practice or Specification and any other
national standard as may be approved by the Building
Authority.

5. The Building (Planning) Regulations are amended-

(1) by repealing regulation 3 and substituting-

3. (1) Every balcony and verandah of more than
600 mm above ground level shall have a protective barrier
along the outer edge not less than 1 100 nun high, and the
lowermost 150 mm of such barrier shall be built solid.

(2) Protective barriers provided under paragraph (1)
shall be so designed as to minimize the risk of persons or
objects falling, rolling, sliding or slipping through gaps in
the barrier, or persons climbing over the barrier.

(3) Every balcony projected from an upper storey of
a building shall have a clear height, upwards from the floor
of such balcony, of not less than the clear height of the
storey from which it projects.

3A. (1) Every opening placed on an external wall
above the ground floor of any building shall be protected
by a barrier which shall be not less than 1 100 mm high
and the lowermost 150 mm of such barrier shall be built
solid.

(2) A barrier provided under paragraph (1) shall be
so designed as to minimize the risk of persons or objects
falling, rolling, sliding or slipping through gaps in the
barrier, or persons climbing over the barrier.





(2) by repealing regulation 16;

(3) by repealing regulation 19 and substituting-

19. (1) Where a site abuts on a street not less than
4.5m wide or on more than one such street the maximum
site coverage permitted in respect of a building or
buildings to be erected thereon shall be determined in
accordance with regulation 20 and the permitted plot ratio
of such building or buildings shall be determined in
accordance with regulation 21.

(2) Where a site abuts on a street less than 4.5 m
wide or does not abut on a street, the height of any
building or buildings to be erected thereon and the
maximum site coverage and plot ratio to be permitted in
respect of such building or buildings shall be determined
by the Building Authority.

(4) by repealing regulation 19A;

(5)in regulation 20 by repealing 'regulations 19A and 22'
wherever it appears and substituting 'regulation 22';

(6)in regulation 21 by repealing 'regulations 19A and 22' in the
two places where it appears and substituting 'regulation 22';

(7) in regulation 22(1)-

(a) by repealing '5 m' and substituting '5.5 m',

(b) by repealing 'build' and substituting 'build;

(8) in regulation 23-

(a) by repealing paragraph (1) and substituting-

(1) For the purposes of regulations 20, 21 and
22, the height of a building shall be measured from
the mean level of the street or streets on which it
fronts or abuts being a street or streets not less than
4.5 m wide, or where the building abuts on streets not
less than 4.5 m wide having different levels, from the
mean level of the lower or lowest of such streets, to
the mean height of the roof over the highest usable
floor space in the building.

(b) by repealing paragraph (3) and substituting---

(3)(a) Subject to sub-paragraph (b), for the
purposes of regulations 19, 20, 21 and 22, the
gross floor area of a building shall be the area
contained within the external walls of the
building measured at each floor level (including
any floor below the level of the ground), together





with the area of each balcony in the building,
which shall be calculated from the overall
dimensions of the balcony (including the
thickness of the sides thereof), and the thickness
of the external walls of the building.

(b)In determining the gross floor area for the
purposes of regulations 20, 21 and 22, the
Building Authority may disregard any floor
space that he is satisfied is constructed or
intended to be used solely for parking motor
vehicles, loading or unloading of motor vehicles
or occupied solely by machinery or equipment
for any lift, air-conditioning or heating system or
any similar service.

(9) in regulation 24-

(a) in paragraph (1)--
(i) by repealing 'of' and substituting 'of not less
than 2.5 m measured from floor to ceiling:';
(ii) by repealing sub-paragraphs (a) and (b);

(b) by repealing paragraph (3).

6. The Building (Standards of Sanitary Fitments, Plumbing,
Drainage Works and Latrines) Regulations are amended-

(1) in regulation 34(2) by repealing ', asbestos cement';

(2) in regulation 91 by repealing', with the consent of the Water
Authority granted under regulation 18 of the Waterworks
Regulations,'.

7. The Building (Ventilating Systems) Regulations are amended in
regulation 3(2) by repealing 'Public Health and Urban Services
Ordinance' and substituting 'Public Health and Municipal Services
Ordinance'.

8. The Building (Oil Storage Installations) Regulations are
amended---

(1) in regulation 6(3) by repealing '$2,000' and substituting
'$4,000';

(2) in regulation 7(2) by repealing '$2,000' and substituting
'$4,000'.
(Cap. 121) 57 of 1987 s. 2. L.N. 94 of 1986 (Cap. 327) (Cap. 327) (Cap. 327) L.N. 94 of 1986 43 of 1987 s. 44. 57 of 1987 s. 3. 43 of 1987 s. 44 43 of 1987 s. 44 43 of 1987 s. 44 43 of 1987 s. 44 (Cap. 131) L.N. 94 of 1986 L.N. 283 of 1986 L.N. 94 of 1986 Carrying out or other works and provision of services. 57 of 1987 s. 6. 57 of 1987 s. 7. 43 of 1987 s. 44. L.N. 94 of 1986 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 57 of 1988L.N. 331 of 1985 43 of 1987 s. 44. L.N. 70 of 1987 43 of 1987 s. 44. 43 of 1987 s. 44. L.N. 294 of 1986 Application of British Standard Code of Practice or Specification 43 of 1987 s. 44 L.N. 406 of 1987 Protection of balconies and verandahs L.N. 406 of 1987 L.N. 35 of 1988 Protection of openings L.N. 406 of 1987 Maximum site coverage and permitted plot ratio L.N. 406 of 1987 L.N. 406 of 1987 L.N. 57 of 1988 L.N. 406 of 1987 L.N. 406 of 1987 L.N. 295 of 1986 10 of 1986 s. 32(1) L.N. 332 of 1985

(Cap. 121) 57 of 1987 s. 2. L.N. 94 of 1986 (Cap. 327) (Cap. 327) (Cap. 327) L.N. 94 of 1986 43 of 1987 s. 44. 57 of 1987 s. 3. 43 of 1987 s. 44 43 of 1987 s. 44 43 of 1987 s. 44 43 of 1987 s. 44 (Cap. 131) L.N. 94 of 1986 L.N. 283 of 1986 L.N. 94 of 1986 Carrying out or other works and provision of services. 57 of 1987 s. 6. 57 of 1987 s. 7. 43 of 1987 s. 44. L.N. 94 of 1986 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 70 of 1987 L.N. 57 of 1988L.N. 331 of 1985 43 of 1987 s. 44. L.N. 70 of 1987 43 of 1987 s. 44. 43 of 1987 s. 44. L.N. 294 of 1986 Application of British Standard Code of Practice or Specification 43 of 1987 s. 44 L.N. 406 of 1987 Protection of balconies and verandahs L.N. 406 of 1987 L.N. 35 of 1988 Protection of openings L.N. 406 of 1987 Maximum site coverage and permitted plot ratio L.N. 406 of 1987 L.N. 406 of 1987 L.N. 57 of 1988 L.N. 406 of 1987 L.N. 406 of 1987 L.N. 295 of 1986 10 of 1986 s. 32(1) L.N. 332 of 1985

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