Page:Fire Safety (Buildings) Ordinance (Cap. 572).pdf/8

FIRE SAFETY (BUILDINGS) ORDINANCE (10) For the purposes of assisting the relevant enforcement authority in determining under subsection (1) or (2) what, if any, measures in place of any of the requirements in Schedule 1 or 2, as the case may be, would be appropriate in a particular case, having regard to the structural integrity of the building and the technology available to comply with such requirements, the relevant enforcement authority must establish a committee (referred to in this section as “advisory committee”) consisting of such persons with relevant expertise as he considers appropriate to give advice on such matters.

(11) Only the relevant enforcement authority may refer a case to the advisory committee for advice.

(12) The advisory committee may, before giving advice on any case referred to it, receive representations from an owner of a building to whom the case is related.

(13) Where advice has been given by the advisory committee, the relevant enforcement authority must take into consideration such advice before determining under subsection (1) or (2) what, if any, measures in place of any of the requirements in Schedule 1 or 2, as the case may be, would be appropriate.

6. Magistrate may make fire safety compliance orders

(1) A magistrate who finds an owner or occupier of a composite building or an owner of a domestic building guilty of an offence against section 5(8) may, on the application of the relevant enforcement authority, make a fire safety compliance order directing the owner or occupier to comply with all or any of the requirements specified in the fire safety direction to which the offence related.

(2) A fire safety compliance order must specify the period within which it is to be complied with. That period must be a reasonable one that allows the owner or occupier concerned sufficient time to comply with the requirements of the order.

(3) A fire safety compliance order replaces the relevant fire safety direction.

(4) A magistrate may, on the application of the relevant enforcement authority or the applicable owner or occupier, revoke or vary a fire safety compliance order made in respect of that owner or occupier.

(5) The applicable owner or occupier is entitled to be heard on the hearing of an application made by an enforcement authority under this section.