Page:Fire Safety (Buildings) Ordinance (Cap. 572).pdf/9

FIRE SAFETY (BUILDINGS) ORDINANCE (6) A fire safety compliance order ceases to have effect when revoked under subsection (4) or when the relevant enforcement authority has, by written notice, informed the magistrate’s clerk that the order has been complied with. That authority is required to serve a copy of the notice on the applicable owner or occupier.

(7) An application under this section may be made by both enforcement authorities acting jointly.

(8) An owner or occupier who fails to comply with a fire safety compliance order is guilty of an offence and is liable on conviction to a fine at level 5 and to a further fine of $5,000 for each day or part of a day during which the failure continues after the expiry of the period specified in the order.

7. District Court may make orders prohibiting occupation of a building or part of a building

(1) An enforcement authority may apply to the District Court for an order under this section on the ground that a requirement of a fire safety direction or a fire safety compliance order is not being, or has not been, complied with.

(2) An application under this section may be made at any time after the period for complying with the relevant fire safety direction or the relevant fire safety compliance order has expired and not before.

(3) An application under this section may be made by both enforcement authorities acting jointly.

(4) An enforcement authority must give at least 7 days’ notice to the applicable owner or occupier before making an application under this section.

(5) As soon as practicable after a notice is given under subsection (4), the relevant enforcement authority must post a copy of such notice in a conspicuous place—
 * (a) inside the relevant building or part of a building; or
 * (b) at or in the immediate vicinity of each entrance to the relevant building or part of a building.

(6) The procedure for hearing and determining an application under this section is to be in accordance with rules of court made under the District Court Ordinance (Cap. 336).

(7) On the hearing of an application under this section, the District Court may make an order prohibiting the occupation of the relevant building or part of a building, but only if it is satisfied that—
 * (a) the owner or occupier has failed to comply with a requirement specified in a fire safety direction or a fire safety compliance order;