Fire Safety
The Buildings Department (BD), other than carrying out inspection of old private buildings under the Buildings Ordinance, also inspects and issues Fire Safety Directions and Fire Safety Improvement Directions to prescribed commercial premises (PCP) and specified commercial buildings (SCB) under the Fire Safety (Commercial Premises) Ordinance (Cap. 502) [FS(CP)O]. We also inspect and issue Fire Safety Directions to target composite buildings and domestic buildings (TB) under the Fire Safety (Buildings) Ordinance (Cap. 572) [FS(B)O] effective from July 1, 2007
onwards.
Prescribed Commercial Premises (PCP)
A building or part of a building is a PCP under the scope of the FS(CP)O if it is used for carrying on commercial activities as banking, off-course betting, jewelry or goldsmith's business, supermarket, hypermarket or department store and shopping arcade, and the total floor area of the building or part exceeds
230m2.
Specified Commercial Buildings (SCB)
A building is a SCB under the scope of the FS(CP)O if the building was constructed to be used or is being used for the purposes of office, business, trade or any entertainment and the building was constructed on or before
1st March 1987, or the plans of the building works of which were first submitted to the Building Authority for his approval on or before
1st March
1987.
Composite Buildings and Domestic Buildings subject to FS(B)O
(CDB)
The FS(B)O applies to a building constructed, or intended to be used, partly for domestic purposes and partly for non-domestic purposes or for domestic purposes with more than 3 storeys and the building was constructed on or before
1st March 1987, or the plans of the building works of which were first submitted to the Building Authority for his approval on or before
1st March
1987.
BD will issue Fire Safety Direction or Fire Safety Improvement Direction under the FS(CP)O and issue Fire Safety Direction under the FS(B)O to the corresponding owners in respect of the construction requirements concerning the means of escape in case of fire, means of access to facilitate access for fire fighting and rescue, and inhibiting the spread of fire and ensuring the structural integrity. These direct the owners to improve the fire safety standard of their premises/building in accordance with the fire safety construction measures under the Ordinance within a certain time
period.
In default, application may be made to a magistrate for a Fire Safety Compliance Order or a Fire Safety Improvement Compliance Order directing the owner to comply with the requirements specified in the Direction. Application may also be made to the District Court for a Use Restriction Order to prohibit the premises from being used for carrying on any prescribed commercial activity, or a Prohibition Order to prohibit occupation of the relevant building or part
thereof.
An owner of PCP , SCB or CDB who, without reasonable excuse, fails to comply with a Fire Safety Direction or a Fire Safety Improvement Direction is guilty of an offence and is liable on conviction to a fine at level 4* and to a further fine of HK$2,500 for each
day.
An owner of PCP , SCB or CDB who fails to comply with a Fire Safety Compliance Order or a Fire Safety Improvement Compliance Order is guilty of an offence and is liable on conviction to a fine at level 5* and to a further fine of HK$5,000 for each
day.
A person who, without reasonable excuse, contravenes a Use Restriction Order or Prohibition Order is guilty of an offence and is liable on conviction to a fine of HK$250,000 and to imprisonment for 3 years and to a further fine of HK$25,000 for each
day.
* The maximum fine at levels 4 and 5 are HK$25,000 and HK$50,000 respectively.
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