Page:Fire Safety (Buildings) Ordinance (Cap. 572).pdf/12

FIRE SAFETY (BUILDINGS) ORDINANCE :(a) may remove from the building or part of a building in respect of which a prohibition order is in force any person who is apparently contravening or about to contravene section 8(1); and
 * (b) may prevent any such person from re-entering the building or part of a building while the order remains in force.

12. Owner or occupier of building may request certificate of compliance

(1) At any time while a prohibition order is in force in respect of a building or part of a building, the owner or occupier concerned may, by notice in writing served on the relevant enforcement authority, request that authority to issue a certificate that the requirements of the fire safety direction or fire safety compliance order, as the case may be, that gave rise to the making of the order have been complied with.

(2) As soon as practicable after receiving a request under subsection (1), the relevant enforcement authority must, if it is satisfied that the requirements of the fire safety direction or fire safety compliance order, as the case may be, have been complied with, issue to the owner or occupier a certificate of compliance. If that authority is not so satisfied, it must reject the request.

(3) The relevant enforcement authority may also issue a certificate of compliance to an owner or occupier in respect of a building or part of a building for which a prohibition order is in force without a request under subsection (1) if at any time it is satisfied that the requirements of the fire safety direction or fire safety compliance order, as the case may be, that gave rise to the making of the order have been complied with.

(4) As soon as practicable after issuing a certificate of compliance, the relevant enforcement authority must make an application to the District Court for the discharge of the relevant order. The application must be accompanied by a copy of the certificate of compliance.

(5) On considering an application made under subsection (4), the District Court must discharge the relevant order unless it is of the opinion that there are special grounds for not doing so.

(6) As soon as practicable after rejecting a request made under subsection (1), the relevant enforcement authority must, by written notice, inform the owner or occupier concerned of the rejection and the reasons for it.

13. Right to apply to District Court for revocation of prohibition order

(1) If the relevant enforcement authority—