Cap. 59 sub. leg. V

Factories and Industrial Undertakings (Fire Precautions in Notifiable Workplaces) Regulations(Cap. 59, section 7) [10 July 1981](Format changes—E.R. 1 of 2012) 1. Citation These regulations may be cited as the Factories and Industrial Undertakings (Fire Precautions in Notifiable Workplaces) Regulations.(50 of 1985 s. 9) 2. Interpretation In these regulations, unless the context otherwise requires— (E.R. 1 of 2019)Building Authority (建築事務監督) means the Building Authority as defined in section 2(1) of the Buildings Ordinance (Cap. 123); (L.N. 210 of 1985)inflammable substance (易燃物品) means any Class 3 dangerous goods or Class 3A dangerous goods, as defined by section 2 of the Dangerous Goods (Application and Exemption) Regulation 2012 (Cap. 295 sub. leg. E). (E.R. 1 of 2019; 29 of 2021 s. 14) 3. Application These regulations apply to every notifiable workplace.(50 of 1985 s. 9) 4. Doors (1) Every door leading out of a notifiable workplace shall—(a) be maintained in such condition that it can be readily opened and closed at any time;(b) if it is a sliding door—(i) be so designed as to be self-closing, by its own weight or otherwise; or (ii) be connected to a counterweight by means of a fusible link which shall fuse at a temperature of not more than 68oC thereby disconnecting the counterweight from the door so that the door will close; (c) if it is not a sliding door, be kept closed by means of a self-closing mechanism which shall at all times be fully operational and maintained in good working order;(d) if it is made of metal, be of solid steel with an overall thickness of not less than 3 mm; and (L.N. 210 of 1985)(e) if it is made of materials other than metal—(i) conform to the standards laid down in *Tables F and G of the Third Schedule to the Building (Construction) Regulations (Cap. 123 sub. leg.); or(ii) be in accordance with the specifications shown in the plan approved by the Building Authority under section 14(1) of the Buildings Ordinance (Cap. 123). (L.N. 210 of 1985)(2) Every door in a notifiable workplace, other than a sliding door, shall be constructed to open outwards and shall not when open reduce the effective width of any means of escape—(a) from the workplace, if the door is a door leading out of the workplace; or (b) if the door is a door of a room in the workplace being a room in which more than 10 persons are employed, from the room. (L.N. 210 of 1985)(3) While any person employed in a notifiable workplace is within the workplace, whether such person is working or not, the doors, gates and shutters leading out of the workplace and the doors of every room in the workplace in which any such person is, shall not be locked or fastened in such a manner that they cannot be easily and immediately opened from the inside.(4) (Repealed L.N. 210 of 1985)(50 of 1985 s. 9)Editorial Note:* See Cap. 123 sub. leg. B (Revised Edition 1985). 5. Maintenance of fire escapes (1) The proprietor of every notifiable workplace shall maintain in good condition and free from obstruction every doorway, stairway and passageway within the workplace which affords a means of escape from the workplace in case of fire. (50 of 1985 s. 9)(2) No person shall wilfully alter, damage, obstruct or otherwise impair any such doorway, stairway or passageway. 6. Fire fighting (1) The Commissioner may, by notice in writing, require the proprietor of any notifiable workplace to provide and maintain at that workplace, in addition to any fire service installation or equipment already in that workplace, means for fighting fire appropriate to the size, type and nature of the undertaking being carried on, which shall be so placed as to be readily available for use. (50 of 1985 s. 9)(2) The notice given under this regulation shall specify in detail the means for fighting fire to be provided and maintained, and the time within which the notice is to be complied with.(3) The proprietor of a notifiable workplace shall, on being served with a notice under this regulation, comply with the notice. (50 of 1985 s. 9)(4) No person shall wilfully alter, damage, obstruct or otherwise impair any means for fighting fire provided in accordance with this regulation.(5) In this regulation, maintain (保持) means maintain in an efficient state, in efficient working order and in good repair. (E.R. 1 of 2019) 7. Smoking (1) An occupational safety officer may, by notice in writing, prohibit smoking in any notifiable workplace, or in any part thereof, where any inflammable substance or any other substance or article which in his opinion involves danger from fire is present for the purposes of or in connexion with, any industrial process or operation, and the circumstances are such that smoking would give rise to a serious risk of fire. (32 of 2000 s. 48)(2) No person shall smoke in any part of a notifiable workplace in which smoking is prohibited under paragraph (1).(3) The proprietor of a notifiable workplace in which smoking is prohibited under paragraph (1)— (71 of 1989 s. 13; 5 of 2023 s. 48)(a) must take all reasonably practicable steps to ensure compliance with the prohibition; and(b) must display in prominent positions within the workplace sufficient number of notices bearing the words and characters “NO SMOKING 不准吸煙”, in letters and characters not less than 180 millimetres high. (5 of 2023 s. 48)(4) All notices displayed in accordance with paragraph (3) shall be maintained in good condition by the proprietor.(50 of 1985 s. 9) 8. Alterations and additions (1) The proprietor of a notifiable workplace shall not carry out or cause or permit to be carried out or suffer the continuance of any alteration or addition to a notifiable workplace as it is shown on the plans of the building approved by the Building Authority under Part 2 of the Buildings Ordinance (Cap. 123)— (L.N. 210 of 1985; 50 of 1985 s. 9)(a) that may create a serious risk of—(i) the outbreak of fire;(ii) the spread of fire; or(iii) the spread of smoke from any fire; or(b) that may obstruct free passageway to a means of escape from the workplace in case of fire.(2) (Repealed L.N. 210 of 1985)(E.R. 1 of 2012) 9. Storage of inflammable substances (1) The proprietor of a notifiable workplace in which any inflammable substance is present for the purpose of, or in connexion with, any industrial process or operation shall ensure that— (50 of 1985 s. 9)(a) subject to subparagraph (b), the inflammable substance is stored in suitable closed containers and that the containers are kept in a storeroom which is approved for that purpose by the Director of Fire Services;(b) in the case of any room in the workplace where the aggregate quantity of inflammable substance stored does not exceed 35 litres, the inflammable substance is stored in suitable closed containers and that the containers are kept in a cupboard or bin constructed of suitable material. The cupboard or bin shall be situated in a position where it is least likely that the inflammable substance will catch fire.(2) Every container, storeroom, cupboard and bin used for storing an inflammable substance shall be clearly and boldly marked “Inflammable Substance 易燃物品”. This requirement shall not apply to—(a) any suitable small closed container containing not more than 500 millilitres of inflammable substance; or(b) any aerosol dispenser in which the amount of inflammable substance contained is not in excess of either 45 per cent by weight of the total contents or 250 grammes in weight.(3) This regulation is in addition to and not in derogation of the Dangerous Goods (Control) Regulation (Cap. 295 sub. leg. G). (E.R. 1 of 2019; 29 of 2021 s. 15) 10. Sources of ignition (1) No naked flame or other means likely to ignite vapour from any inflammable substance shall be present in any notifiable workplace where a dangerous concentration of vapours from an inflammable substance may reasonably be expected to be present.(2) In any notifiable workplace where a dangerous concentration of vapours from any inflammable substance may reasonably be expected to be present, all cotton waste and other material in the workplace which—(a) has been used in such a manner as to render it liable to spontaneous combustion; or(b) is contaminated with any inflammable substance,shall be deposited as soon as is reasonably practicable in a metal container having a self-closing lid or be removed without delay to a safe place.(50 of 1985 s. 9) 11. Prevention of escape of vapours Where any inflammable substance is present in any notifiable workplace steps shall be taken to prevent so far as is reasonably practicable the escape of vapours from any such inflammable substance into the general atmosphere of the workplace.(50 of 1985 s. 9) 12. Naked flame Without prejudice to regulation 10(1), in every notifiable workplace where any naked flame, burner or furnace is used, adequate precautions shall be taken to prevent the accidental ignition of any combustible material.(50 of 1985 s. 9) 13. Power to require safety precautions, etc. (1) The Commissioner may, by notice in writing, require—(a) that any notifiable workplace shall be provided with such means of escape therefrom in the case of fire as may be specified in the notice;(b) that in any notifiable workplace, such measures as may be specified in the notice shall be taken to reduce the risk of—(i) the outbreak of fire;(ii) the spread of fire; or(iii) the spread of smoke from any fire;(c) that in any notifiable workplace, illuminated notices bearing the words and characters “出 EXIT 路”, in letters and characters not less than 180 millimetres high, shall be provided and maintained in good condition at each exit from the workplace. (50 of 1985 s. 9)(2) Every notice given under this regulation shall specify in detail the requirements of the Commissioner, and the time within which the notice is to be complied with.(3) The proprietor of a notifiable workplace shall, on being served with a notice under this regulation, comply with the notice. (50 of 1985 s. 9) 14. Offences (1) The proprietor of any notifiable workplace who contravenes regulation 6(3) or 9(1) commits an offence and is liable on conviction to a fine at level 6. (50 of 1985 s. 9; 71 of 1989 s. 13; 5 of 2023 s. 49)(2) A proprietor of a notifiable workplace—(a) in respect of which regulation 7(3)(a), 10(1) or (2) or 12 is contravened commits an offence and is liable on conviction to a fine of $400,000; or(b) in respect of which regulation 7(3)(b), 9(2) or 11 is contravened commits an offence and is liable on conviction to a fine at level 6. (5 of 2023 s. 49)(3) A proprietor of a notifiable workplace who contravenes regulation 7(4) commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 49)(3A) A person who—(a) contravenes regulation 5(2) or 7(2) commits an offence and is liable on conviction to a fine of $150,000; or(b) contravenes regulation 6(4) commits an offence and is liable on conviction to a fine at level 5. (5 of 2023 s. 49)(4) The proprietor of any notifiable workplace who contravenes regulation 8(1) commits an offence and is liable on conviction to a fine of $400,000 and to imprisonment for 6 months. (71 of 1989 s. 13; 5 of 2023 s. 49)(5) The proprietor of any notifiable workplace who contravenes regulation 4, 5(1) or 13(3) without reasonable excuse commits an offence and is liable on conviction to a fine of $400,000 and to imprisonment for 6 months. (71 of 1989 s. 13; 5 of 2023 s. 49)(L.N. 45 of 1994; E.R. 1 of 2012)