An owners' corporation (OC) was convicted and fined $13,800 at the Kwun Tong Magistrates' Courts last month for failing to comply with a fire safety direction issued under the Fire Safety (Commercial Premises) Ordinance (FS(CP)O) (Cap. 502).
The Buildings Department (BD) issued a fire safety direction under section 5(1) of the FS(CP)O to the OC of a 60-year-old composite building on Nathan Road, Tsim Sha Tsui, requiring the OC to comply with certain fire safety construction requirements which include replacing the doors of the escape staircases with fire-rated doors, improving the fire compartmentation of the protected lobbies, providing fire-rated enclosures to non-emergency services and electrical wiring installations in the staircases, etc.
Failing to comply with the statutory direction, the OC was prosecuted by the BD and was convicted and fined by the court on December 28.
"According to the FS(CP)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 of the prescribed commercial premises under the ordinance", a spokesman for the BD said today (January 21).
Pursuant to section 5(7)(a) of the FS(CP)O, any person who, without reasonable excuse, fails to comply with a statutory direction, commits an offence and is liable on conviction to a fine at level 4 ($25,000 at present) and to a further fine of $2,500 for each day of non-compliance. Upon conviction, an application may also be made to a court for a Fire Safety Compliance Order against the owner under section 6(1) of the FS(CP)O directing the owner to comply with the requirements of the direction.
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