Page:Fire Safety (Buildings) Ordinance (Cap. 572).pdf/7

FIRE SAFETY (BUILDINGS) ORDINANCE or such other measures in place of any of the requirements in Schedule 1 or 2, as the case may be, as the relevant enforcement authority considers appropriate, if he is of the opinion that it would not be reasonable for the owner to comply with such requirements, having regard to the structural integrity of the building and the technology available to comply with such requirements. For the purpose of integration of fire service installations and equipment between the parts of the building exclusively occupied by different owners, a fire safety direction in respect of such installations and equipment may include directions to the owner to provide the relevant connections or other forms of integration.

(3) The relevant enforcement authority may serve on the occupier of a composite building, in respect of a part intended for non-domestic purposes, a fire safety direction directing him to comply with all or any of the requirements in Schedule 3.

(4) A fire safety direction must be in writing and must specify the period within which it is to be complied with. That period must be a reasonable one that allows an owner or occupier of the building sufficient time to comply with the requirements of the direction.

(5) The relevant enforcement authority may, by similar notice, from time to time amend or withdraw a direction.

(6) A fire safety direction remains in force until—
 * (a) it is complied with to the satisfaction of the relevant enforcement authority;
 * (b) it is withdrawn by that authority; or
 * (c) it is replaced by a fire safety compliance order.

(7) A fire safety direction may be given by both enforcement authorities acting jointly. Such a direction may be amended or withdrawn only by both enforcement authorities acting jointly.

(8) An owner or occupier who, without reasonable excuse, fails to comply with a fire safety direction is guilty of an offence and is liable on conviction to a fine at level 4 and to a further fine of $2,500 for each day or part of a day during which the failure continues after the expiry of the period specified in the direction.

(9) The reference in subsection (8) to reasonable excuse includes, but is not limited to, the excuse that, at the time when the fire safety direction was not complied with, it was not reasonable to expect the owner or occupier to comply with the direction—
 * (a) because of the risk of prejudicially affecting the structural integrity of the building or part of a building where it is located; or
 * (b) because the technology required to comply with the direction is not reasonably available.