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Which types of buildings are required to remove scaffold nets?
All buildings currently undergoing major maintenance, including public, private, and government buildings, must immediately remove any scaffold nets on scaffolds erected on their external walls.
However, public housing estates and buildings under the Home Ownership Scheme are under the control of the Housing Department and the Independent Checking Unit (ICU) under the Office of the Permanent Secretary for Housing. Whilst, government buildings fall under the control of Architectural Services Department.
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Under what circumstances must scaffold nets on the scaffolds be removed within three days, and are there any guidelines regarding this?
All scaffold nets required for projects, including maintenance works, addition and alteration works, as well as minor works projects, that are installed on building external walls must be removed immediately. If the nets are set up on suspended scaffolding, commonly known as "flying scaffolds," and are used solely for maintenance work on individual units’ exterior walls, such as drainage works or repair of air conditioners, then removal is not necessary.
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For detached houses, is it necessary to remove scaffold nets used for building works?
Yes.
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Do the scaffold nets on the building's exterior wall for the maintenance of air conditioners of individual flat units need to be removed?
No.
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Do the scaffold nets on the scaffolds erected on lightwell external walls or building external walls for painting works need to be removed?
Yes.
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If owners or contractors fail to remove the scaffold nets within the specified timeline, i.e. 3-days what penalties may be imposed?
Given the diverse nature and varying circumstances of current major maintenance projects, if there are genuine justifiable reasons in specific cases, or when the estate covers an extensive area making completion of removing all scaffold nets within three days unfeasible, or when there are other technical constraints that genuinely prevent timely completion, the owners or contractors concerned should proactively notify the related inspection department(s). The department will then assess whether reasonable grounds exist for granting flexibility in handling the matter.
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Who is responsible for bearing the costs associated with the removal of the scaffold nets?
If the relevant contractor is instructed by the government to remove the scaffold nets, such instruction is based on the assessment by the Director of Buildings or other authorised regulatory bodies that there are concerns or suspicions. The prime consideration is public safety, and this request is made in accordance with the law. The associated costs for removal should be borne by the contractor responsible.
If the works involve private, the allocation of responsibility between the contractor and the Owners’ Corporation must be handled according to the terms of their contract. For government buildings or public housing, these matters are handled by the relevant government departments and contractors in accordance with the contract.
The Urban Renewal Authority (URA) and the Hong Kong Institute of Surveyors (HKIS) offer public consultancy services regarding building contractual issues. For further assistance or enquiries, please contact URA directly through its hotline 3188 1188 or HKIS’s WhatsApp Enquiry no. 7097 7439.
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What can I do when the contractor refused to remove the scaffold nets due to completion of the contract and no insurance cover for the works?
Refer to Q6 and Q7 above.
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What should I do when I received the cease works orders?
Contractors who received the cease works order from the Buildings Department shall immediately cease the works being carried out as mentioned in the order, and following the instruction to remove the safety hazard in concern. Upon removal of the hazard, the contractor shall report to the Buildings Department for withdrawing the order and resuming the works subject to his satisfaction.
Prosecution proceeding may be instigated against the contractors for failing to comply with the cease works order without a reasonable excuse. Conviction will be subject to a fine at level 5 and to imprisonment for 1 year; and a further fine of $5,000 for each day.
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Please advise the progress of the special inspection operation for scaffold nets.
Buildings Department (BD) has conducted building inspections and sampling of scaffold nets. The number of test samples involved has reached thousands. We have requested the laboratory to expedite the testing process and to provide the results in batches accordingly. For each batch of test results, the BD will take the same follow-up actions. If any samples are found not to meet the fire-retardant standards, the BD will consider instigating prosecution under the Buildings Ordinance or taking disciplinary actions, and referring the case to the police for investigation.
The BD will continue its inspection work. If scaffold nets on scaffoldings for large-scale maintenance are found, the department will require their immediate removal and take samples for laboratory testing. Additionally, any foam boards discovered must be removed immediately.
The BD will also issue a cease work order immediately, instructing the contractor to remove the scaffold nets and suspend the works to eliminate risks. The cease work orders will be posted upon a conspicuous part of the buildings to inform residents.
