Fire safety amendment bill 2024 to be published by Hong Kong government

by

New fire safety measures for pre-1987 buildings in Hong Kong

The Government of the Hong Kong Special Administrative Region will publish the Fire Safety (Buildings) (Amendment) Bill 2024 in the Gazette on July 5 2024.

A spokesperson for the Security Bureau stated: “Existing buildings were constructed in accordance with applicable construction and fire safety standards prevailing at the time when they were constructed.

“The Fire Safety (Buildings) Ordinance (Cap. 572) aims to require the upgrading of fire safety standards of pre-1987 composite and domestic buildings to meet modern fire protection requirements.”

The spokesperson mentioned that some owners, particularly of ‘three-nil’ buildings, face challenges in complying with the Ordinance due to lack of coordination.

The Government sees the need to introduce targeted measures to assist those with genuine difficulties in meeting statutory requirements and to encourage other owners to comply with the Ordinance.

Empowering authorities for fire safety improvements

The amendment will empower the Fire Services Department and the Buildings Department as enforcement authorities to carry out fire safety improvement works for owners who have failed to comply with the Ordinance.

Costs for these defaulted works will be recovered from the owners upon completion.

The spokesperson explained: “We will also take the opportunity to introduce different measures to drive owners’ compliance with the Ordinance on their own initiative.

“Relevant measures include increasing penalties for non-compliance and introducing provisions to prevent obstruction of an owners’ corporation in complying with the Ordinance.”

Financial support and subsidy schemes for owners

To address financial difficulties faced by some owners, the Government will allow eligible owners to apply for the Fire Safety Improvement Works Subsidy Scheme.

This scheme can cover up to 60% of the costs of the defaulted works.

The spokesperson highlighted: “Owners who cannot set up owners’ corporations due to special circumstances can also apply for the subsidy.

“It is the responsibility of owners to repair and properly maintain private buildings, including carrying out required fire safety improvement works.”

Legislative timeline and commitment to fire safety

The Government aims to introduce the Amendment Bill into the Legislative Council on July 10 for its First and Second Readings.

The urgency of these amendments has been highlighted by recent fire incidents, such as the No. 3 alarm fire at New Lucky House in Jordan.

The spokesperson added: “While perfecting the Ordinance, the Government remains committed to improving fire safety standards of old buildings by providing financial, technical, and coordination support, alongside enforcement actions.”

Co-owners fined over $37,000 for fire safety non-compliance in Hong Kong

by Featured NewsSafety

Conviction and fines for fire safety non-compliance

Two co-owners were fined $18,530 each at the Fanling Magistrates’ Courts on May 28 for not complying with a fire safety direction issued under the Fire Safety (Buildings) Ordinance (FS(B)O) (Cap. 572), as reported by The Government of the Hong Kong Special Administrative Region.

The Buildings Department (BD) had issued the direction under section 5(2)(a)(ii) of the FS(B)O, requiring the co-owners of a domestic flat in a 54-year-old composite building in Tai Po to install a fire-rated door and remove a metal gate at the unit entrance, which opens directly to a staircase.

The owners’ failure to meet these requirements led to their prosecution and subsequent conviction.

Legal implications and penalties

A BD spokesperson highlighted the gravity of the offence: “According to the FS(B)O, failing to comply with a statutory direction issued under the ordinance without reasonable excuse is a serious offence. The BD may instigate prosecution proceedings against the owner.”

Under section 5(8) of the FS(B)O, failure to comply with a statutory direction can result in a fine at level 4 ($25,000) and an additional $2,500 for each day of non-compliance.

Upon conviction, the court may also issue a Fire Safety Compliance Order directing the owner to meet the requirements of the direction.

Specific case details

The case involved a domestic flat in a composite building in Tai Po, which is 54 years old.

The fire safety direction mandated the installation of a fire-rated door and the removal of a metal gate that opened directly to a staircase, a critical safety concern.

The owners did not comply, leading to their prosecution and subsequent fines.

The BD’s actions reflect its commitment to ensuring fire safety compliance in buildings across Hong Kong, reinforcing the importance of adhering to statutory directions to prevent potential fire hazards.

Hong Kong government intensifies efforts to enforce fire safety regulations

by Featured NewsSafety

Government action on fire safety non-compliance

The Government of the Hong Kong is actively addressing fire safety non-compliance issues at New Lucky House, as reported by the Government spokesman on May 21.

The Government said it is committed to supporting building owners who comply with Fire Safety Directions and assisting them in completing necessary improvements promptly.

The Fire Safety (Buildings) Ordinance mandates that buildings constructed on or before March 1, 1987, must be upgraded to meet modern fire safety standards.

The Fire Services Department (FSD) and the Buildings Department (BD) are responsible for enforcing this ordinance.

Directions from the FSD focus on fire service installations, while the BD addresses building construction requirements.

Prosecution for non-compliance

Currently, around 9,000 buildings have expired Directions and have not complied.

The FSD and BD will prioritise over 2,000 buildings lacking progress without reasonable excuse for prosecution.

This prioritisation considers factors such as building age, absence of fire service installations, and the presence of unauthorised structures.

Starting from the second quarter of this year, the FSD and BD will initiate prosecutions against non-compliant owners.

Assistance will be provided to owners, including attending meetings of owners’ corporations and liaising with project consultants or registered fire service installation contractors.

Support for subsidised buildings

The Government’s $5.5 billion Fire Safety Improvement Works Subsidy Scheme has issued Approval-in-Principle Letters to about 3,000 applications in its first two rounds.

The Urban Renewal Authority (URA) is processing 1,300 applications from the third round and will begin issuing Approval-in-Principle Letters by the end of this month.

The URA will continue to monitor the progress of subsidised buildings, urging owners to expedite actions and tightening applications for deadline extensions.

Subsidies may be revoked for cases that fail to meet progress requirements despite reminders.

Enhancing public education and support

The FSD and BD will conduct regular district briefings through the Central Platform on Building Management to explain compliance details.

The Home Affairs Department (HAD) will invite non-compliant owners to attend these briefings.

The first briefing will be held in Tsuen Wan District on May 23, with future briefings listed on the HAD’s website.

The Government will also monitor the effectiveness of these actions and review follow-up strategies.

The FSD Building Improvement Support Centre will provide one-stop support services to owners and occupiers of old buildings, from receiving Directions to completing necessary works.

Expediting amendments to the Ordinance

The Security Bureau (SB) is expediting the amendment of the Ordinance to empower the FSD and BD to carry out fire safety improvement works for non-compliant owners and recover relevant fees.

The Government said aims to submit the proposed amendment bill to the Legislative Council for scrutiny in July.

The Government issued a reminder to private building owners to make timely repairs and maintain their buildings properly, noting that it is the owner’s responsibility to carry out necessary fire safety improvement works in accordance with the Ordinance.

Hong Kong FSD publishes list of contractors completing fire safety improvements

by Featured NewsSafety

Contractors completing fire safety improvement works

The Fire Services Department (FSD) has published a list of registered fire service installation contractors who have successfully assisted owners in completing fire safety improvement works as required by the Fire Safety Directions issued under the Fire Safety (Buildings) Ordinance (Cap. 572).

This list is available for public reference on the department’s website.

According to the Ordinance, buildings constructed on or before 1 March 1987, or with plans first submitted to the Buildings Department (BD) for approval on or before that date, must be updated to meet modern fire protection standards.

The FSD and the BD issue Directions to owners or occupiers, requiring necessary fire safety improvements.

Upon receiving these Directions, owners or occupiers must appoint qualified registered contractors to carry out the required works.

List of qualified contractors

The FSD has published a list on its website of contractors who have successfully completed fire safety improvement works for entire buildings.

This list is intended to help owners and occupiers comply with the Directions and ensure that their buildings meet modern fire safety standards.

Contractors included on the list have not been ordered to be removed from the registers of fire service installation contractors by the Registered Fire Service Installation Contractors Disciplinary Board within the past five years.

The list will be regularly updated for public reference.

Updating fire safety standards in Hong Kong

The Ordinance mandates improvements to ensure that older buildings are equipped with adequate fire protection installations.

By providing this list of qualified contractors, the FSD aims to streamline the process for building owners and occupiers, making it easier for them to find professionals who can help them meet the required fire safety standards.

Regular updates for transparency

The regular updating of the list of registered contractors ensures transparency and helps maintain high standards in fire safety improvements.

The FSD’s initiative supports ongoing efforts to enhance fire safety across Hong Kong.

By keeping this information current, the FSD ensures that building owners and occupiers have access to reliable and qualified contractors who can help them comply with legal requirements and improve safety.

IFSJ comment

The FSD’s publication of this list is a step forward in maintaining and enhancing fire safety standards in Hong Kong.

By providing a regularly updated list of registered contractors, the FSD ensures that building owners and occupiers can easily identify qualified professionals to carry out necessary fire safety improvements.

This initiative not only supports compliance with the Fire Safety (Buildings) Ordinance but also promotes transparency and accountability within the fire safety sector.

As older buildings are upgraded to meet modern fire protection standards, the safety of residents and occupants is significantly enhanced, contributing to the overall well-being of the community.

The FSD’s efforts in this regard are commendable and reflect a commitment to public safety and regulatory compliance.

Hong Kong reviews building management ordinance to enhance fire safety

by Building ManagementFeatured NewsSafety

Legislative council revisits renovation regulations

As reported by RTHK, Secretary for Home and Youth Affairs, Alice Mak, announced on Saturday that the Legislative Council is actively reviewing the Building Management Ordinance.

This review aims to encourage tenants, particularly of older buildings, to undertake necessary renovation work to meet safety standards.

This initiative follows a tragic incident last month where five individuals lost their lives in a fire, in a building that lacked adequate fire safety equipment.

Mak highlighted the challenges in rallying tenants for general meetings and resolving disputes over renovation costs.

She stressed the importance of these renovations in ensuring the buildings’ compliance with safety and fire safety regulations.

Government outreach and proposed amendments

The government is particularly focusing on ageing buildings in districts such as Yau Tsim Mong, Sham Shui Po, and Kowloon City.

“The Home Affairs Department has been actively assisting and helping the owners of the corporation to reach consensus among their tenants to carry out necessary repairs to maintain their building, to make sure that they will observe all the building’s safety and fire safety requirements,” Mak said.

Further, Mak revealed that the proposed amendments to the Building Management Ordinance include a new provision.

This provision would require at least five percent of owners, or 100 owners, whichever is lesser, to vote in person on decisions regarding large-scale maintenance works.

This amendment aims to facilitate better decision-making processes and ensure the execution of essential maintenance.

Challenges in building management and safety enhancements

Mak also acknowledged the difficulties some buildings face in gathering tenants for a general meeting, which is crucial for agreeing on renovation undertakings.

The disagreements over renovation charges pose another hurdle in the timely execution of necessary safety improvements.

The city’s effort to aid these old buildings is crucial as many of them do not meet current safety standards, posing significant risks to residents.

The government’s proactive approach aims to mitigate these risks by ensuring buildings are well-maintained and safe for occupants.

IFSJ comment

The review and proposed amendments to the Building Management Ordinance by the Hong Kong Legislative Council are timely interventions in the wake of recent fire-related tragedies.

By facilitating easier decision-making for building maintenance and enforcing renovation requirements, the government is taking a decisive step towards enhancing urban safety.

These measures are expected to significantly improve the structural and fire safety standards of ageing buildings, thereby protecting the residents and upholding public safety standards.

Government commits to enhancing fire safety in Hong Kong’s old buildings

by Building ManagementFeatured NewsSafety

Urgent need for enhanced fire safety in Hong Kong’s older structures

In response to concerns raised in the Legislative Council on April 24, 2024, regarding fire safety in Hong Kong’s ageing urban buildings, the Government has detailed its ongoing and future measures to improve safety standards.

The query, posed by the Hon Lee Chun-keung, highlighted the recent No. 3 alarm fire in Yau Ma Tei which resulted in multiple casualties.

This incident has intensified scrutiny on the so-called “three-nil buildings” which lack owner corporations, resident organisations, and property management, raising questions about their fire safety management.

Comprehensive inspections and enforcement actions

In the past five years, the Fire Services Department (FSD) and the Buildings Department (BD) have conducted extensive inspections across various districts.

Since the enactment of the Fire Safety (Buildings) Ordinance (Cap.

572), the departments have issued numerous Fire Safety Directions to enforce compliance with modern fire safety standards in buildings constructed before March 1987.

By the end of February 2024, approximately 10,920 buildings had been inspected, with over 360,000 directives issued, of which around 40% have been fully complied with.

Strategic amendments and technological advancements

The government is accelerating efforts to amend the ordinance to empower the FSD and BD to undertake fire safety improvements unilaterally for non-compliant buildings and to recover costs post-completion.

This proactive approach aims to enhance compliance and safety standards without compromising the integrity of private property maintenance.

Additionally, technology plays a crucial role in this strategy, with new systems being introduced to facilitate compliance, especially in buildings facing structural challenges.

IFSJ Comment

The Hong Kong Government’s multifaceted strategy to enhance fire safety in older buildings is a testament to its commitment to public safety.

By integrating legislative amendments, stringent enforcement, and technological aid, the authorities aim to mitigate fire risks effectively.

This comprehensive approach is crucial for improving the living conditions of residents and ensuring the structural integrity of Hong Kong’s older buildings.

Hong Kong building at site of deadly blaze failed to comply with fire safety orders

by Featured NewsSafety

Fire safety negligence in Hong Kong building leads to tragic blaze

A building in Hong Kong, identified as New Lucky House, witnessed a devastating fire on 10 April that resulted in the deaths of five individuals and serious injuries to 43 others.

This incident occurred in a structure that had blatantly failed to adhere to fire safety regulations issued 16 years prior, in 2008.

Despite numerous follow-ups and consultations with consulting firms, the required safety upgrades were not implemented.

The Building Department has also issued clearance orders for immediate rectifications, which were not met by the owners.

Building and regulatory failures

The fire safety orders mandated upgrades like replacing fire doors and installing fire-resistant materials around non-emergency facilities.

However, these were largely ignored by the building’s owners’ corporation.

The Hong Kong Fire Services Department’s last inspection of the building before the fire showed no immediate hazards, yet the tragedy unfolded shortly thereafter, highlighting a severe gap in compliance and enforcement.

Legislative responses and comments

The repeated failure to comply with safety mandates has prompted lawmakers to push for stronger legislative powers for enforcing fire safety regulations.

Roundtable lawmaker Michael Tien emphasized the lack of enforcement and the need for legislative reform: “They issued these fire orders, prevention, upgrading orders 16 years ago to this building. Today, they still haven’t done anything,” Tien remarked.

This sentiment was echoed by other lawmakers, advocating for the government to limit the number of guest houses in buildings to mitigate fire risks.

Lawmakers call for tighter rules on fire safety

The tragedy has led to widespread calls from lawmakers to expedite legal amendments that would empower authorities to enforce fire safety measures more effectively and bill non-compliant building owners for mandatory safety work.

This push for stricter regulations reflects a crucial need to address the systemic issues that allow such deadly incidents to occur.

IFSJ Comment

The tragic fire at New Lucky House serves as a grim reminder of the consequences of neglecting fire safety regulations.

It underscores the urgent need for rigorous enforcement of existing laws and possibly the introduction of more stringent measures to ensure compliance.

This incident highlights the broader challenges of aging infrastructure and the complex interplay between property rights and public safety in densely populated urban environments.

Fire in Hong Kong residential building results in fatalities and injuries

by Featured News

Blaze in Kowloon district claims lives and causes widespread disruption

A fire occurred in a densely populated residential building in Hong Kong’s Kowloon district on Wednesday, resulting in the deaths of five individuals and injuring 35 others, as reported by the city’s hospital authority and fire services.

The incident disrupted the morning rush hour traffic, with several surrounding roads being sealed off.

Broadcasters noted that occupants inside the 16-storey building were seen waving towels at windows to signal for rescue, with reports suggesting the fire started in a gym within the building.

The government stated that around 150 people were evacuated to safety, and 40 were sent to public hospitals for treatment.

Official response to the fire

John Lee, Hong Kong’s Chief Executive, announced that he had instructed authorities to make an “all-out” effort to aid the injured and that different government departments were investigating the fire’s cause.

The blaze, rated three on the city’s five-grade system, was brought under control within an hour after fire services were alerted to the incident in Jordan, an area densely packed with homes and offices.

Out of the injured, at least six were in serious condition, with one critical.

Concurrent fire fighting efforts in northern New Territories

In a separate event, firefighters were also engaged in extinguishing a massive blaze at a building site in the northern New Territories.

This fire, which had been active for 15 hours, was reported to have no casualties, according to fire services spokesperson.

These incidents highlight the operational challenges faced by emergency services in managing fires within densely populated areas like Hong Kong.

IFSJ Comment

The fire incident in Hong Kong’s Kowloon district brings to the forefront the essential need for stringent fire safety protocols and emergency preparedness in densely populated urban settings.

The swift action taken by the city’s fire services and the ongoing investigation into the fire’s origin are critical in preventing similar occurrences in the future.

Moreover, this event emphasiaes the importance of public awareness and the implementation of effective evacuation strategies in buildings.

As urban populations continue to expand, applying the insights gained from such incidents is crucial for improving the safety and well-being of urban dwellers.

Fire breaks out at Hong Kong skyscraper

by Featured News

Around 170 people were evacuated from a shopping area in Hong Kong after a fire broke out in a skyscraper late on Thursday night, according to reports.

Firefighters tackled the blaze at a redevelopment project in the Tsim Sha Tsui district throughout the early hours of Friday, which produced flames visible from the other side of Victoria Harbour.

Upper floors of the building were in engulfed by fire, according to Reuters witnesses, with falling debris, including bamboo scaffolding, sparking smaller fires in adjacent structures.

Keung Sai-ming, Hong Kong’s deputy chief fire officer, told reporters that 250 firefighters and rescue workers battled the blaze for the entire night before it was extinguished around 8 a.m. (0000 GMT) local time.

Police said four other adjacent buildings also caught fire, but were later put out.