Cap. 132 sub. leg. CE

Ventilation of Scheduled Premises Regulation(78 of 1999 s. 7)(Cap. 132, section 94A)[26 November 1977](Format changes—E.R. 4 of 2020) 1. (Repealed 78 of 1999 s. 7) 2. (Repealed 78 of 1999 s. 7) 3. Interpretation In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7)licensing authority (發牌當局) has the meaning assigned in section 93(5) of the Ordinance.(78 of 1999 s. 7) 4. Requirements with respect to ventilating systems (1) Save as provided in subsection (2) and section 101 of the Ordinance, every ventilating system in any scheduled premises shall comply with the following provisions—(a) all moving parts thereof shall be securely fenced; (b) every part thereof shall be accessible for the purposes of inspection, and, in particular—(i) the spindle of every fan shall be so sited that its guard may be removed and a tachometer applied thereto; and (ii) every air intake and exhaust shall be accessible for the purposes of measurement; (c) no air intake for the ventilating system shall be sited in any place—(i) which constitutes a fire hazard in the opinion of the Director of Fire Services; (ii) where waste or rubbish is likely to accumulate; or(iii) where the air is for any reason impure or likely to become impure;(d) the opening of every air intake shall be fitted with a screen constructed of corrosion-resistant material having a mesh not greater than 12 mm; (e) an air intake damper shall be—(i) adjusted to a setting approved by the Director of Food and Environmental Hygiene;(ii) marked indelibly to indicate the approved setting; and (iii) secured against interference; (f) no exhaust from the ventilating system shall be sited in any place where it causes, or is likely to cause, annoyance or inconvenience to the public; (g) every duct shall—(i) be wholly constructed of non-combustible material having a strength and durability similar to that of galvanized sheet iron or steel; (ii) be accessible for the purposes of cleaning throughout its entire length; (iii) where its size is sufficient to allow any person to enter therein, be fitted with access openings to allow a person to enter the same for the purpose of cleaning, and shall be constructed to bear the weight of any person who has so entered; (iv) be provided with a smooth and impervious internal surface; (v) where it passes through any floor, wall or ceiling, be fitted with a damper which shall be operated by fusible links of a type approved by the Director of Fire Services, and designed to operate up to a temperature of 69°C, and be so constructed or protected as to resist the action of fire for a period not less than the period for which the floor, wall or ceiling through which it passes is designed to resist the action of fire; (L.N. 301 of 1982) (h) no duct shall serve more than one building; (i) an air filter shall be—(i) constructed wholly of non-combustible material, other than steel wool;(ii) of a design approved by the Director of Food and Environmental Hygiene; and(iii) installed in such manner that all incoming air passes through it before being distributed within the premises; (j) every electrostatic filter or precipitator shall be of a type approved by the Director of Fire Services; (k) every blower fan shall be fitted with a fused running hour meter connected to the load side of the fan contractor with a device for recording time in minutes and hours or tenths or lesser fractions of an hour; (l) each fused running hour meter shall be sited in an easily accessible and conspicuous place to facilitate inspection; (m) each set of filters in a ventilating system shall be indicated by a filter gauge, filter flag indicator or differential pressure switch; (n) filters shall be cleaned or replaced when the filter gauge, filter flag indicator or differential pressure switch shows an increase of 50 pascals over the designed air filter pressure drop; and (o) a filter flag indicator shall indicate “dirty” when there is an increase of 50 pascals over the designed air filter pressure drop. (2) Where he thinks fit and subject to such conditions as he may specify, the Director of Food and Environmental Hygiene may exempt any ventilating system in respect of which application in writing in that behalf is made from compliance with all or any of the requirements of subsection (1).(78 of 1999 s. 7) 5. Ventilating system to be kept in operation, etc. (1) Every ventilating system provided pursuant to the requirements of a notice given under the provisions of subsection (1) or (2) of section 93 of the Ordinance shall, at all times when the premises for which it is provided are open to the public, be kept in operation so as to provide, respectively, the amount of outside air required to be provided by the provisions of subsection (1) or the notice given under the provisions of subsection (2). (2) Every ventilating system provided in any scheduled premises otherwise than pursuant to the requirements of a notice given under the provisions of subsection (1) or (2) of section 93 of the Ordinance shall, at all times when the premises are open to the public, be kept fully in operation. (3) Where the ventilation of any scheduled premises is derived wholly or partly from natural ventilation, the natural ventilation shall, at all times when the premises are open to the public, be kept free from obstruction. 6. Annual inspection of dampers, filters and precipitators (1) Every damper, filter and precipitator in any ventilating system that embodies the use of ducting or trunking in any scheduled premises shall be inspected at intervals not exceeding 12 months by a registered specialist contractor (ventilation works category). (2) A registered specialist contractor (ventilation works category) who inspects any ventilating system under this section shall within 14 days of such inspection issue to the person on whose instructions the inspection was carried out a certificate and send a copy thereof to the Director of Fire Services.(3) A certificate issued under subsection (2) shall state—(a) the address at which the inspection was carried out; (b) whether or not the dampers, filters and precipitators are in safe and efficient working order; and (c) the name and address of the registered specialist contractor (ventilation works category) who carried out the inspection.(78 of 1999 s. 7) 7. Cleaning of filters Every filter in a ventilating system in scheduled premises shall be cleaned to the satisfaction of the Director of Food and Environmental Hygiene at intervals not exceeding 14 days.(78 of 1999 s. 7) 8. Ventilation of kitchens, etc. A ventilating system, which shall be independent of any ventilating system provided for the public parts of any scheduled premises, shall be provided for the kitchens, latrines and any other parts of such premises as may be considered necessary by the Director of Food and Environmental Hygiene.(78 of 1999 s. 7) 9. Electric motors to form part of ventilating system (1) Electric motors and other apparatus shall not be installed in any air duct or in the air stream of any ventilating system unless they form part of the ventilating system. (2) Electric motors and other apparatus forming part of the ventilating system—(a) shall be totally enclosed in a way to exclude dust and dirt; and (b) if they are installed in an air-input duct, shall be of such design that, in the event of overheating, smoke will not be discharged into the air stream. 10. Pipings or apparatus containing certain refrigerants not to be situated within air stream of ventilating system (1) Pipings or apparatus containing a refrigerant having inflammable, toxic or irritant properties shall not be situated within the air stream of any ventilating system in scheduled premises.(2) Notwithstanding subsection (1), the Director of Food and Environmental Hygiene may permit in a ventilating system the use of a refrigerant referred to in that subsection if the air is cooled by indirect means. (78 of 1999 s. 7) 11. Requirements with respect to ventilating systems in scheduled premises used for stage performances Scheduled premises used for stage performances shall be so ventilated that—(a) during performances the direction of air movement is from the auditorium to the stage;(b) extract openings (if provided) from the stage shall be at a high level and above the stage grid; and(c) any mechanical air-input system serving a stage with a safety curtain shall be entirely independent of the auditorium air-input system. 12. Log books to be kept to record reading of fused running hour meters in theatres and cinemas (1) Where a theatre or cinema is provided with a ventilating system, the reading of every fused running hour meter shall be correctly recorded in a log book at the beginning and end of each performance. (2) The log book shall be retained for not less than 2 months and shall be available for inspection by the Director of Food and Environmental Hygiene at all reasonable times. (78 of 1999 s. 7) 13. Power of licensing authority to revoke licence of scheduled premises in certain cases The licensing authority may revoke the licence issued or granted by it in respect of any scheduled premises, either temporarily or permanently, in the following cases—(a) in the event of any contravention in respect of the ventilating system provided for such premises of any of the provisions of section 4, 5, 7, 8, 9 or 10;(b) in the event of any contravention of any of the provisions of section 11 or 12;(c) in the event of any failure to comply with the conditions imposed under the provisions of section 4(2);(d) where the Director of Fire Services receives a certificate under the provisions of section 6(2) specifying that the dampers, filters and precipitators, or any of them, of the ventilating system provided for such premises are not in safe and efficient working order;(e) where the Director of Fire Services is satisfied that the dampers, filters and precipitators, or any of them, of the ventilating system provided for such premises have not been inspected in accordance with the provisions of section 6(1);(f) if, at any time, the Director of Fire Services is of the opinion that the ventilating system provided for such premises, or any part of such ventilating system, is not in safe and efficient working order.(78 of 1999 s. 7) 14. Offences and penalties (1) Any licensee or owner of any scheduled premises who—(a) fails to comply with any conditions imposed under section 4(2); (b) fails to keep the ventilating system provided therefor in operation in accordance with the provisions of section 5(1) or (2), as the case may be; (c) fails to keep the natural ventilation free from obstructions in accordance with the provisions of section 5(3), shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and imprisonment for 3 months. (L.N. 323 of 1987; L.N. 177 of 1996) (2) Any person who—(a) alters or tampers with the approved setting of an air intake damper as provided under section 4(1)(e); or(b) interferes with the proper functioning of the instruments in any ventilating system in scheduled premises,with intent to deceive the Director of Food and Environmental Hygiene or any public officer authorized in writing by that Director to exercise the powers conferred by the Ordinance or this Regulation shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and imprisonment for 3 months. (L.N. 323 of 1987; L.N. 177 of 1996) (3) Any person who—(a) contravenes section 6(2); or (b) makes or causes to be made in a certificate issued under section 6(2) a statement which he knows or reasonably ought to know to be false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and imprisonment for 3 months. (L.N. 323 of 1987; L.N. 177 of 1996) (4) For the purposes of subsection (1), owner (擁有人) means any person in control of the scheduled premises whether as tenant thereof or under any licence from a tenant thereof.(78 of 1999 s. 7) 15. Name in which proceedings for offences may be brought Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offences, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director of Food and Environmental Hygiene.(L.N. 362 of 1997; 78 of 1999 s. 7)