Cap 502 s 3 Interpretation (Fire Safety (Commercial Premises) Ordinance)

Contents of Section

Chapter:	502	Title:	Fire Safety (Commercial Premises) Ordinance	Gazette Number:	E.R. 1 of 2012
Section:	3	Heading:	Interpretation	Version Date:	09/02/2012

(1) In this Ordinance, unless the context otherwise requires-
authorized officer (獲授權人員) means a public officer authorized under section 14 or a person taken to be an authorized officer because of that section;
commercial building (商業建築物) means the whole of a non-domestic building-

(a) which contains any number of units therein comprising one or more levels including basements or underground parking areas, and which was constructed to be used or is being used for the purposes of an office, business, trade or any entertainment, and does not include the whole of a non-domestic building which was constructed to be used or is being used exclusively for the purposes of a-

(i) hotel, serviced apartment, guest-house or similar establishment;

(ii) kindergarten, school, college, university or similar educational establishment;

(iii) hospital, clinic, medical centre, rehabilitation centre or similar establishment;

(iv) carpark;

(v)

home for elderly persons, home for persons with disabilities, child care centre, nursery or social services centre; (Amended 12 of 2011 s. 46)

(vi) factory or industrial undertaking;

(vii) godown, warehouse or place of bulk storage;

(viii) utilities building or power station or sub-station; or

(ix) cinema or theatre; and

(b) being a building-

(i) the plans of the building works of which were first submitted to the Building Authority for his approval under regulation 29 of the Building (Administration) Regulations (Cap 123 sub. leg. A) on or before 1 March 1987; or

(ii) which was constructed on or before 1 March 1987 where no plans of the building works of the building were submitted to the Building Authority for his approval under regulation 29 of the Building (Administration) Regulations (Cap 123 sub. leg. A) on or before that date,

and excludes a building which was partly constructed to be used or is being partly used for domestic or industrial purposes; (Added 15 of 1998 s. 4)
domestic (住用), for the purposes of the definition of "commercial building" and in relation to a part or the whole of a building, means the use of such part or the whole of the building for human habitation or family dwelling, but excludes the use of such part or the whole of the building for hotel, serviced apartment, guest-house, dormitory, home for elderly persons, home for persons with disabilities, child care centre, nursery or similar establishment; (Added 15 of 1998 s. 4. Amended 12 of 2011 s. 46)
enforcement authority (執行當局)-

(a) in relation to the planning, design and construction of prescribed commercial premises or a specified commercial building, means the Director of Buildings; and (Amended 15 of 1998 s. 4)

(b) in relation to any fire service installation or equipment, means the Director of Fire Services;

fire safety compliance order (符合消防安全令) means a fire safety compliance order made under section 6;
fire safety direction (消防安全指示) means a fire safety direction given under section 5;
fire safety improvement compliance order (改善消防安全令) means a fire safety improvement compliance order made under section 6; (Added 15 of 1998 s. 4)
fire safety improvement direction (改善消防安全指示) means a fire safety improvement direction given under section 5; (Added 15 of 1998 s. 4)
fire service installation or equipment (消防裝置或設備) means any installation or equipment manufactured, used or designed to be used for the purpose of-

(a) extinguishing, attacking, preventing or limiting a fire; or

(b) giving warning of a fire; or

(c) providing access to any premises or place for the purpose of extinguishing, attacking, preventing or limiting a fire; or (Amended 7 of 2003 s. 23)

(d) facilitating the evacuation from any premises or place in case of fire; or (Added 7 of 2003 s. 23)

(e) providing a stand-by power supply to an installation or equipment the purposes of which are mentioned in paragraphs (a) to (d) in the event of the loss of normal power supply; (Added 7 of 2003 s. 23)

function (職能) includes a power and a duty;
home for elderly persons (安老院) means a residential care home as defined by section 2 of the Residential Care Homes (Elderly Persons) Ordinance (Cap 459); (Added 12 of 2011 s. 46)
home for persons with disabilities (殘疾人士院舍) means a residential care home for PWDs as defined by section 2 of the Residential Care Homes (Persons with Disabilities) Ordinance (Cap 613); (Added 12 of 2011 s. 46)
mechanical ventilating system (機械通風系統) includes an air conditioning system;
occupier (佔用人)-

(a) in relation to prescribed commercial premises, means the person who is occupying the premises (whether as owner or under any form of lease or licence), and in particular means-

(i) any person who is carrying on or managing a prescribed commercial activity on the premises; and

(ii) any person who is controlling and managing the premises as the agent of the person so occupying the premises; or

(b) in relation to a specified commercial building, means-

(i) the person who is occupying the building (whether as owner or under any form of lease or licence); or

(ii) (if no person is occupying the specified commercial building) the owner of the building; (Replaced 15 of 1998 s. 4)

owner (擁有人), in relation to prescribed commercial premises or a specified commercial building, has the same meaning as in the Buildings Ordinance (Cap 123); (Replaced 15 of 1998 s. 4)
prescribed commercial activity (訂明商業活動) means an activity of a kind specified in Schedule 1;
prescribed commercial premises (訂明商業處所) means a building, or a part of a building, of a kind specified in subsection (2);
prohibition order (禁止令) means an order made under section 7A; (Added 15 of 1998 s. 4)
shopping arcade (商場) includes the passageway between the shops that form the arcade and any ceiling above the passageway;
specified commercial building (指明商業建築物) means any commercial building specified in Schedule 4 and includes a unit or part thereof; (Added 15 of 1998 s. 4)
use restriction order (限制使用令) means an order made under section 7.
(2) A building or part of a building is prescribed commercial premises for the purposes of this Part if-

(a) the building or part is used, or is proposed to be used, for carrying on a commercial activity specified in Schedule 1; and

(b) the total floor area of the building or part exceeds 230 square metres

(3) For the purposes of subsection (2), in the case of a building, or a part of a building, that is used or designed to be used as a shopping arcade, the building or part is taken to be prescribed commercial premises for the purposes of this Part if the total floor areas of all the shops and any passageway between the shops exceed 230square metres.
(4) For the purpose of subsection (2)(b), the total floor area of a building or part of a building is to be calculated by reference to-

(a) the area contained within the external walls of the building or part measured at each floor level (including any floor below ground level); and

(b) the area of any balcony of the building or part; and

(5) For the purposes of subsection (2), in calculating the total floor area of a building or part of a building, a part of the floor area is to be disregarded if it is- (Amended 15 of 1998 s. 4)

(a) used or is to be used only for parking motor vehicles or for loading or unloading them; or

(b) occupied only by machinery or equipment comprising or forming part of a lift or escalator, or an air conditioning, heating or cooling system or any other system that serves the building or part.

(6) A part of a building is not to be regarded as prescribed commercial premises for the purpose of this Ordinance if-

(a) members of the public have access to that part only by express invitation; and

(b) that part-

(i) is physically separated by a fire resistant wall, floor or ceiling from the parts to which members of the public generally have access; and

(ii) has a means of egress that is separated from the means of egress provided for those parts; and