Cap 610 s 17 Duty to obtain Form of Compliance for major retrofitting works (Buildings Energy Efficiency Ordinance)

Contents of Section

Chapter:	610	Title:	Buildings Energy Efficiency Ordinance	Gazette Number:	L.N. 82 of 2011
Section:	17	Heading:	Duty to obtain Form of Compliance for major retrofitting works	Version Date:	21/09/2012

(1) Subject to subsection (4), if major retrofitting works are carried out in respect of any building services installation that serves any unit or common area of a building, a person who is the responsible person of the unit or the owner of the common area, as may be appropriate, as at the completion of the works must, within 2 months after the completion of the works, obtain a Form of Compliance issued in respect of the installation.
(2) Subject to subsection (4), if major retrofitting works are carried out in respect of any central building services installation, a person who is the owner of the installation as at the completion of the works must, within 2 months after the completion of the works, obtain a Form of Compliance issued in respect of the installation.
(3) For the purposes of subsections (1) and (2), major retrofitting works carried out in respect of any building services installation are regarded as completed when—

(a) the works have been carried out and the installation is ready to be used for its principal function as designed; or

(b) if the works involve 2 or more installations, the works have been carried out and all the installations are ready to be used for their principal functions as designed.

(4) The Director may, on an application in writing by the responsible person or owner concerned, extend the period specified in subsection (1) or (2) if the Director is satisfied that there is a reasonable ground for the extension.
(5) An extension granted under subsection (4) may be subject to any condition that the Director thinks fit.
(6) If—

(a) an extension granted under subsection (4) is subject to any condition under subsection (5) and the condition is contravened; or

(b) the ground on which the extension was granted no longer exists,

the Director may, by a notice issued to the responsible person or owner concerned, withdraw the extension.
(7) If the Director withdraws an extension under subsection (6), the Director may issue a notice to the responsible person or owner concerned directing the responsible person or owner to obtain a Form of Compliance issued in respect of the building services installation within a period specified in the notice.
(8) If the Director issues a notice to a person under subsection (7), the person must comply with the direction in the notice.
(9) A person who fails to comply with subsection (1), (2) or (8) commits an offence and is liable on conviction to a fine at level 5.