An Ordinance to provide for the design, construction, installation and maintenance in safe working order of builders' lifts and tower working platforms, for the examination and testing of such lifts and platforms, and to provide for related matters. (Enacted 1995) [Parts I, II, III, VIII and IX and sections 42, 43, 44(2), 47(5) and (6) and 50］ 20 July 1995 L.N. 313 of 1995 The remaining provisions ［30 December 1995 L.N. 596 of 1995] (Originally 23 of 1995) Cap 470 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Builders' Lifts and Tower Working Platforms (Safety) Ordinance. (2) (Omitted as spent) (Enacted 1995) Cap 470 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "appeal board" (上诉委员会) means an appeal board appointed under section 38; "builder's lift" (建筑工地升降机) means a lifting machine- (a) that has a cage; (b) the operating controls for which are located inside the cage; (c) the cage of which is raised and lowered by means of a rack and pinion suspension system or rope suspension system; (d) the direction of movement of which is restricted by a guide or guides,and is used for construction work, and includes the supports, liftway and enclosures and the whole of the mechanical and electrical apparatus required in connection with the operation and safety of the builder's lift;"builder's lift work" (建筑工地升降机工程) means any kind of work, not being construction work, connected with the installation, commissioning, testing, maintenance, repair, alteration or demolition of a builder's lift or of any machinery or equipment provided in or connected with a builder's lift, and includes the supervision and certification of that work and the certification of design of that installation; "competent operator" (合资格的操作员), in relation to a builder's lift or tower working platform, means a person who has undergone basic training on the general construction and operating principles of a builder's lift or tower working platform; "competent worker" (合资格人员), in relation to builder's lift work or tower working platform work, means a person- (a) who- (i) is the holder of a certificate in mechanical engineering, marine engineering or building services engineering issued by a person approved by the Director; and (ii) has not less than 3 years' experience in builder's lift work or tower working platform work or other relevant practical experience as approved by the Director; or(b) who has been in the employment, for an aggregate period of not less than 4 years, of one or more registered contractors and is considered by the registered contractor by whom he is currently employed to carry out builder's lift work or tower working platform work, as the case may be, to have had sufficient experience or training in such work to be capable of carrying it out competently without supervision;"construction site" (建筑工地) means a place where construction work is undertaken; "construction work" (建筑工程) has the same meaning as in the Factories and Industrial Undertakings Ordinance (Cap 59); "Director" (署长) means the Director of Electrical and Mechanical Services; "driving machine brake" (驱动机制动器) means the electro-mechanical brake of the driving machine; "final limit switch" (最后限位掣) means an emergency switch arranged to stop a builder's lift or tower working platform automatically in the event of the lift cage or platform travelling a predetermined distance beyond a terminal landing or level; "lift cage" (升降机吊笼) means the cage of a builder's lift; "lift work" (升降机工程) means builder's lift work and tower working platform work; "liftway" (升降通道) means the total space within which the lift cage or platform travels; "overspeed governor" (限速器) means a device which, when a builder's lift or tower working platform attains a predetermined speed, causes it to stop and, if necessary, causes the safety gear to be applied; "owner" (拥有人) means the owner of a builder's lift or tower working platform or, where it is leased, means the lessee of it, and includes- (a) any agent or person in charge or having the control or management of it; and (b) the contractor who is responsible for the construction site at which it is being used;"platform" (平台) means the platform of a tower working platform; "rack and pinion suspension system" (齿轮齿条式悬挂系统) means a suspension system which uses a toothed rack and pinion to suspend the lift cage or the platform on the mast; "rated load" (额定负载) means the maximum load that a builder's lift or tower working platform has been designed to carry in service; "rated speed" (额定速度) means the normal speed at which a lift cage or platform has been designed to be operated; "registered contractor" (注册承建商), in relation to lift work, means a person whose name is for the time being on the register of contractors kept under this Ordinance; "registered examiner" (注册检验员), in relation to lift work, means a person whose name is for the time being on the register of examiners kept under this Ordinance; "safety gear" (安全钳) means a mechanical device for stopping, and maintaining stationary on the guide or guides, the lift cage or the platform in cases where it exceeds the rated speed in the downward direction; "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Replaced L.N. 106 of 2002) "tower working platform" (塔式工作平台) means a fixed or mobile tower that contains a lifting machine- (a) that has a platform, the dimensions and design of which permit the conveyance of persons; (b) the operating controls of which lifting machine are located on the platform; and (c) the direction of movement of which is restricted by a guide or guides,and is used for construction work, and includes the supports, liftway and enclosures, the platform and the whole of the mechanical and electrical apparatus required in connection with the operation and safety of the tower working platform;"tower working platform work" (塔式工作平台工程) means any kind of work, not being construction work, connected with the installation, commissioning, testing, maintenance, repair, alteration or demolition of a tower working platform or of any machinery or equipment provided in or connected with a tower working platform, and includes the supervision and certification of that work and the certification of the design of that installation. (2) For the avoidance of doubt, "builder's lift" (建筑工地升降机) does not include a lift to which the Lifts and Escalators (Safety) Ordinance (Cap 327) applies. (Enacted 1995) Cap 470 s 3 Register of examiners PART II REGISTERED EXAMINERS (1) The Director shall keep a register (hereinafter referred to as the register of examiners) of persons who are, in his opinion, qualified to carry out the duties and exercise the functions required by this Ordinance to be carried out and exercised by a registered examiner. (2) Subject to subsection (3), no person shall be registered as an examiner unless he- (a) is a registered professional engineer registered under the Engineers Registration Ordinance (Cap 409) within the discipline of mechanical, building services or marine engineering; and (b) has at least 1 year's experience in connection with the installation, testing and examination of builders' lifts and tower working platforms.(3) The Director may include in the register of examiners an individual who does not meet the requirements referred to in subsection (2) if he is satisfied that the individual, by reason of other qualifications and experience, is qualified to carry out the duties and exercise the functions required to be carried out and exercised by a registered examiner under this Ordinance. (4) The register of examiners shall be kept in such form and shall contain such particulars as the Director thinks fit. (5) A certified copy of an entry in the register of examiners, or a certificate to the effect that a named person is not included in the register, issued under the signature of the Director shall, in the absence of evidence to the contrary, be accepted as proof in any proceedings of the facts stated in the certificate. (Enacted 1995) Cap 470 s 4 Procedure on application for registration (1) Every application for inclusion in the register of examiners shall be made to the Director in the form specified by him and shall be accompanied by the prescribed fee. (2) Where, upon application, the Director is of the opinion that the applicant is qualified in accordance with section 3, he shall, within 3 months of his receipt of the application, include the name of the applicant in the register of examiners, and shall issue to him a certificate of registration in the specified form. (3) Where, upon application, the Director is of the opinion that the applicant is not qualified in accordance with section 3, he shall refuse the application and shall, within 3 months of his receipt of the application, notify the applicant in writing of his refusal. (4) Any person whose application for inclusion in the register of examiners is refused may, within 1 month of the date of notification to him of the refusal, appeal to an appeal board by submitting the appeal to the Director. (5) Registration under this section shall be effective for a period of 3 years and, where a person wishes to continue to be registered, he shall, at least 3 months before his registration would otherwise cease, apply for re-registration in the form specified by the Director and pay the prescribed fee. (Enacted 1995) Cap 470 s 5 Removal from register The Director may remove from the register of examiners the name of any person who- (a) dies; or (b) ceases, for any reason, to be an examiner. (Enacted 1995) Cap 470 s 6 Register of contractors PART III REGISTERED CONTRACTORS (1) The Director shall keep a register (hereinafter referred to as the register of contractors) of persons who are, in his opinion, qualified to carry out lift work. (2) The register of contractors shall be kept in such form and shall contain such particulars as the Director thinks fit. (3) A certified copy of an entry in the register of contractors, or a certificate to the effect that a named person is not included in the register, issued under the signature of the Director shall, in the absence of evidence to the contrary, be accepted as proof in any proceedings of the facts stated in the certificate. (Enacted 1995) Cap 470 s 7 Procedure on application for registration (1) Every application for inclusion in the register of contractors shall be made to the Director in the form specified by him and shall be accompanied by the prescribed fee. (2) The Director shall not include a person in the register of contractors unless he is satisfied that, in the case of- (a) an individual, he is a competent worker or else employs at least one competent worker; (b) a company, it employs at least one competent worker; (c) a partnership, at least one partner is a competent worker or the partnership employs at least one competent worker.(3) In considering an application under subsection (1), the Director may require the applicant to submit such further particulars as the Director may require and shall have regard to the qualifications and experience of- (a) the applicant, if an individual who, or partnership which, does not employ a competent worker; or (b) competent workers employed by the applicant to supervise and carry out the lift work.(4) The Director shall, within 3 months of his receipt of an application under subsection (1) or such further particulars as he may require under subsection (3)- (a) where he is of the opinion that the applicant, if applicable, and any persons employed by the applicant are qualified and experienced in accordance with subsection (2), include the name of the applicant in the register of contractors and shall issue to the applicant a certificate in the specified form; or (b) where he is of the opinion that the applicant, if applicable, and any persons employed by the applicant are not qualified and experienced in accordance with subsection (2), refuse the application and notify the applicant in writing of his refusal.(5) Any person whose application for inclusion in the register of contractors is refused may, within 1 month of the date of notification to him of the refusal, appeal to an appeal board by submitting the appeal to the Director. (6) Registration under this section shall be effective for a period of 3 years and, where a person wishes to continue to be registered, he shall, at least 3 months before the registration would otherwise cease, apply for re-registration in the form specified by the Director and pay the prescribed fee. (Enacted 1995) Cap 470 s 8 Removal from register The Director may remove from the register of contractors the name of any person who- (a) dies; (b) ceases, for any reason, to be a contractor; (c) ceases to be qualified for inclusion under section 7 in such register; or (d) ceases to employ at least one competent worker, unless the registered contractor is an individual who is a competent worker or a partnership one of the partners of whom is a competent worker. (Enacted 1995) Cap 470 s 9 Duties of registered contractor and registered examiner PART IV SAFETY AND DESIGN REQUIREMENTS A registered contractor and a registered examiner in carrying out his responsibilities under this Ordinance shall ensure that the following requirements are complied with- (a) that a builder's lift or tower working platform- (i) is of good design and construction; (ii) has adequate mechanical strength for the purpose for which it is intended to be used; (iii) is properly installed, adequately supported and securely anchored;(b) that a builder's lift has a gate of robust construction- (i) for the lift cage; and (ii) at every point at which there is access to the liftway, and that all gates are kept in good working condition and a proper state of repair;(c) that a builder's lift has both electrically and mechanically operated locking devices on all gates referred to in paragraph (b) and that all such locking devices are kept in good working condition and a proper state of repair; (d) that a platform has a fence around its perimeter of robust construction with a minimum height of 1 metre, and that the fence is kept in a proper state of repair; (e) that the lift cage or platform, as the case may be, has an overload sensing device which, when activated- (i) renders the builder's lift or tower working platform inoperative; and (ii) sounds an audible alarm, and that the overload sensing device is kept in good working condition and a proper state of repair;(f) that the lift cage is of robust design and capable of safeguarding passengers against shearing and crushing by objects outside the lift cage, and that the lift cage is kept in a proper state of repair; (g) that the suspension device of a builder's lift or tower working platform, including the rack and pinion suspension system or rope suspension system and, where applicable, the suspension system for the counterweight, is kept in good working condition and a proper state of repair; (h) that the driving machine of a builder's lift or tower working platform is equipped with an effective driving machine brake that- (i) operates immediately to arrest the lift cage or platform, as the case may be, when the electrical circuit of any safety device is interrupted; and (ii) is capable of bringing the lift cage or platform, as the case may be, to rest under maximum load and at maximum speed and maintaining it in a stationary position, and that the driving machine brake is kept in good working order and a proper state of repair;(i) subject to paragraph (j), that a builder's lift or tower working platform is equipped with effective safety gear and an effective overspeed governor, and that the safety gear and overspeed governor are kept in good working condition and a proper state of repair; (j) where a tower working platform is not equipped with safety gear and an overspeed governor as required by paragraph (i), that it is equipped with an additional braking system which is capable of regulating its downward speed, and that the additional braking system is kept in good working condition and a proper state of repair; (k) that all safety switches used on a builder's lift or tower working platform are of a positive mechanically operated type and are kept in good working order and a proper state of repair; (l) that the travel of a lift cage or platform and, where applicable, the counterweight, shall be limited at the bottom by an effective buffer system; (m) that effective guards are provided for all moving parts of a builder's lift or tower working platform to prevent accidental human contact; (n) that all electrical components of a builder's lift or tower working platform are kept in a proper state of repair and are examined in accordance with the requirements of any laws relating to such components; (o) that a builder's lift or tower working platform is equipped with an audible emergency alarm that is- (i) activated from inside the lift cage or on the platform, as the case may be; and (ii) sufficiently loud to attract assistance from other persons on the construction site on which it is situated, and that the alarm is kept in good working condition and a proper state of repair;(p) that all structural and mechanical components of a builder's lift or tower working platform are kept in a proper state of repair. (Enacted 1995) Cap 470 s 10 Duties of owner The owner of a builder's lift or tower working platform shall ensure that the following requirements are complied with- (a) that the builder's lift or tower working platform is properly maintained, adequately supported and securely anchored; (b) that a notice in both English and Chinese with letters and characters not less than 30 millimetres in height is prominently displayed in the lift cage or on the platform stating- (i) the maximum number of persons; and (ii) the maximum weight, permitted to be carried, and that the notice is kept legible at all times;(c) that the lift cage and every landing is sufficiently well lit, whether by natural light or artificial light, to permit its safe use when the builder's lift is in operation; (d) that the platform is sufficiently well lit, whether by natural light or artificial light, to permit its safe use when the tower working platform is in operation; (e) that any part of the liftway that is accessible to persons is properly enclosed so as to prevent a person from being struck by the lift cage or platform; (f) that a builder's lift has a gate of robust construction- (i) for the lift cage; and (ii) at every point at which there is access to the liftway, and that all gates are kept in good working condition and a proper state of repair;(g) that a platform has a fence around its perimeter of robust construction with a minimum height of 1 metre, and that the fence is kept in a proper state of repair; (h) that the lift cage is of robust design and capable of safeguarding passengers against shearing and crushing by objects outside the lift cage, and that the lift cage is kept in a proper state of repair; (i) that effective guards are provided for all moving parts of a builder's lift or tower working platform to prevent accidental human contact; (j) that a builder's lift or tower working platform is equipped with an audible emergency alarm that is- (i) activated from inside the lift cage or on the platform, as the case may be; and (ii) sufficiently loud to attract assistance from other persons on the construction site, and that the alarm is kept in good working condition and a proper state of repair. (Enacted 1995) Cap 470 s 11 Codes of practice PART V CODES OF PRACTICE (1) The Director may establish codes of practice for lift work. (2) Where the Director establishes a code of practice or amends a code of practice already established, he shall publish a notice in the Gazette identifying the code that is established or amended, specifying the date on which it is to take effect and advising the place at which a copy of the code or amendment may be examined. (Enacted 1995) Cap 470 s 12 Lift work to be carried out to satisfaction of Director (1) All lift work shall be carried out to the satisfaction of the Director. (2) Where a registered examiner or registered contractor carries out lift work in accordance with the relevant portions of codes of practice established under this Part, he shall be deemed to have carried them out to the satisfaction of the Director. (3) Where a person referred to in subsection (2) carries out lift work that is not in accordance with the relevant portions of codes of practice, he shall, before carrying it out, submit details of the proposed lift work to the Director and obtain the approval in writing of the Director that the proposed work, if carried out, will be to his satisfaction. (Enacted 1995) Cap 470 s 13 Duty of owner PART VI LIFT WORK The owner of a builder's lift or tower working platform shall, at all times, retain the services of a registered contractor and shall ensure that no lift work is carried out except by or under the supervision of such registered contractor or a registered examiner employed by such registered contractor. (Enacted 1995) Cap 470 s 14 Prohibition of carrying out lift work by unauthorized person (1) Subject to subsection (2), no person shall carry out lift work other than- (a) a registered examiner; (b) an individual who is- (i) a registered contractor; or (ii) a member of a partnership that is a registered contractor, and is a competent worker;(c) a competent worker employed by a registered contractor; or (d) a worker directly supervised, at the site where the lift work is being carried out, by a person referred to in paragraph (a), (b) or (c).(2) The Director may in any particular case permit in writing a person other than a person referred to in subsection (1) to carry out lift work, subject to such conditions as the Director may impose. (Enacted 1995) Cap 470 s 15 Approval of Director before first installation Before a builder's lift or tower working platform is installed for the first time in Hong Kong, the registered contractor responsible for the installation shall- (a) submit the following to the Director- (i) basic design details and technical data as specified by the Director; (ii) a copy of the maintenance manual; (iii) test certificates in respect of the driving machine brake, overspeed governor, safety gear and rack and pinion suspension system issued by an institution which is acceptable to the Director; and(b) obtain the written approval of the Director. (Enacted 1995) Cap 470 s 16 Notification of Director of installation Before installing a builder's lift or tower working platform at any construction site, a registered contractor shall notify the Director of the location at which it will be installed. (Enacted 1995) Cap 470 s 17 Director to be notified of major alterations (1) Before carrying out lift work that involves a major alteration of a builder's lift or tower working platform, a registered contractor shall notify the Director of his intention to do so in writing and in a form and with the information specified by the Director. (2) For the purposes of this Part, "major alteration" (主要更改) means any of the following- (a) modification resulting in any increase or decrease in the rated load or rated speed; (b) modification resulting in any increase or decrease in the dead weight of the lift cage or platform, as the case may be; (c) modification resulting in any change in the system of operation or control; (d) modification resulting in any change in the suspension system including the rack and pinion suspension system or rope suspension system; (e) modification resulting in any change in the size or type of the guide or guides; (f) modification resulting in any change in the type of electro-mechanical interlocking devices; (g) modification resulting in any change in the operating method of the cage door or the landing doors of a builder's lift; (h) the replacement of, or any change in type, model, make or design of, the safety gear; (i) the replacement of, or any change in type, model, make or design of, the overspeed governor; (j) the replacement of the driving machine; (k) the replacement of the controller; (l) the replacement of the driving machine brake; (m) the replacement of the rack or the driving pinion of the rack and pinion suspension system. (Enacted 1995) Cap 470 s 18 Test and examination by registered examiner after installation or major alteration (1) Where a registered contractor- (a) installs a builder's lift or tower working platform at a construction site; (b) dismantles and re-erects a builder's lift or tower working platform at a different location on the same construction site; or (c) carries out lift work that involves a major alteration,he shall, before allowing it to be used, employ a registered examiner to carry out a test and examination of it. (2) In this section and section 19, "test and examination" (测试及检验) means carrying out the following safety checks- (a) examination of all machinery and equipment to ensure it is in good working condition; (b) functional tests at rated speed and at rated load; (c) testing of driving machine brake, and additional braking system, if any, at 125% of rated load and at rated speed; (d) testing of overload sensing device at not more than 110% of rated load; (e) testing of safety gear at rated load and at tripping speed of the overspeed governor. (Enacted 1995) Cap 470 s 19 Report and certificate of registered examiner after installation or major alteration (1) Where a registered examiner, after carrying out the test and examination, is satisfied that a builder's lift or tower working platform, as the case may be, complies with the relevant requirements set out in section 9 and is in safe working order, he shall forthwith deliver to the registered contractor, in the form and containing the information specified by the Director- (a) a report on the test and examination; and (b) a certificate of test and examination in duplicate.(2) The registered contractor shall forthwith countersign the certificate and deliver it and the report to the owner. (3) The owner shall deliver the report and certificate to the Director together with the prescribed fee, and the Director shall, if he is- (a) satisfied with the report and certificate, endorse the original of the certificate and return it to the owner; or (b) not satisfied with the report and certificate, notify the owner in writing that the use of the builder's lift or tower working platform, as the case may be, is prohibited, and the Director shall give his reasons for prohibiting its use.(4) Where the registered examiner is not satisfied that the builder's lift or tower working platform, as the case may be, complies with the relevant requirements set out in section 9 or is not in safe working order, he shall immediately report that fact to the Director and the registered contractor, and the registered contractor shall take the necessary steps to correct the problem. (5) When the registered contractor has taken the necessary steps to correct the problem, the registered examiner shall carry out a further test and examination under this section. (6) The owner shall ensure that a builder's lift or tower working platform to which this section applies is not used until he receives the endorsed original of the certificate from the Director under subsection (3)(a). (Enacted 1995) Cap 470 s 20 Report of registered examiner after alteration of height of travel (1) Where a registered contractor carries out lift work that alters the height of travel of a lift cage or platform, he shall, before allowing it to be used, employ a registered examiner to carry out a test and examination of the builder's lift or tower working platform, as the case may be. (2) In this section, "test and examination" (测试及检验) means carrying out the following safety checks- (a) examination of all machinery and equipment to ensure it is in good working condition; (b) checking the condition of the mast extension and its anchorage to adjacent structure; (c) checking the condition of the suspension system including the rack and pinion suspension system or rope suspension system; (d) checking the operation of the safety gear; (e) checking the operation of other safety devices including final limit switches and the electro-mechanical interlocking devices; (f) testing the running of the lift cage or platform, as the case may be, over the full range of normal operating travel.(3) Where the registered examiner, after carrying out the test and examination, is satisfied that the builder's lift or tower working platform, as the case may be, complies with the relevant requirements set out in section 9 and is in safe working order, he shall forthwith deliver to the registered contractor a report on the test and examination in the form and containing the information specified by the Director. (4) The registered contractor shall attach the report to the log book required to be kept under section 21 and shall make the report available to the Director on request. (5) Where the registered examiner is not satisfied that the builder's lift or tower working platform, as the case may be, complies with the relevant requirements set out in section 9 or is not in safe working order, he shall immediately report that fact to the Director and the registered contractor, and the registered contractor shall take the necessary steps to correct the problem. (6) When the registered contractor has taken the necessary steps to correct the problem, the registered examiner shall carry out a further test and examination under this section and, if satisfied, shall advise the Director of that fact. (7) The owner shall ensure that a builder's lift or tower working platform to which this section applies is not used until he is advised by the registered contractor that the report has been received from the registered examiner. (Enacted 1995) Cap 470 s 21 Routine maintenance by registered contractor (1) A registered contractor shall, at intervals not exceeding 7 days, inspect, clean, oil and adjust all machinery and equipment to ensure that the builder's lift or tower working platform, as the case may be, is in safe working order. (2) A registered contractor shall maintain a log book, in the form and containing information specified by the Director, either- (a) at the construction site where the builder's lift or tower working platform, as the case may be, is located; or (b) at his principal office if the builder's lift or tower working platform, as the case may be, is not located at a construction site.(3) A registered contractor shall, at all reasonable times, make the log book available for inspection by the Director. (Enacted 1995) Cap 470 s 22 Periodic test and examination of safety equipment by registered examiner (1) A registered contractor whose services have been retained by the owner of a builder's lift or tower working platform under section 13 shall employ a registered examiner to carry out a test and examination of such builder's lift or tower working platform, as the case may be, at intervals not exceeding 6 months. (2) In this section, "test and examination" (测试及检验) means- (a) examination of all machinery and equipment to ensure it is in good working condition; (b) functional tests at rated speed and at rated load; (c) testing of driving machine brake, and additional braking system, if any, at 125% of rated load and at rated speed; (d) testing of overload sensing device at not more than 110% of rated load; (e) testing of safety gear at rated load and at tripping speed of the overspeed governor.(3) Where the registered examiner, after carrying out the test and examination, is satisfied that the builder's lift or tower working platform, as the case may be, complies with the relevant requirements set out in section 9 and is in safe working order, he shall forthwith deliver to the registered contractor, in the form and containing the information specified by the Director, a certificate of test and examination in duplicate. (4) The registered contractor shall forthwith countersign the certificate and deliver it to the owner. (5) The owner shall, within 7 days of receiving the certificate, deliver it to the Director together with the prescribed fee, and the Director shall, if he is- (a) satisfied with the certificate, endorse the original and return it to the owner; or (b) not satisfied with the certificate, notify the owner in writing that the use of the builder's lift or tower working platform, as the case may be, is prohibited, and the Director shall give his reasons for prohibiting its use.(6) Where the registered examiner is not satisfied that the builder's lift or tower working platform, as the case may be, complies with the relevant requirements set out in section 9 or is not in safe working order, he shall immediately report that fact to the Director and the registered contractor, and the registered contractor shall take the necessary steps to correct the problem. (7) When the registered contractor has taken the necessary steps to correct the problem, the registered examiner shall carry out a further test and examination under this section. (8) Where the registered contractor is advised under subsection (6) that the builder's lift or tower working platform has not passed the test and examination, he shall immediately ensure that it is not used until such time as he receives a certificate from the registered examiner stating that it has passed such test and examination. (9) Where the owner receives a notice from the Director under subsection (5)(b), he shall ensure that the builder's lift or tower working platform, as the case may be, is not used until such time as he is notified in writing by the Director that its use is no longer prohibited. (10) For the purpose of determining the 6 month period under subsection (1), the fact that a test and examination has been carried out under section 18 shall be taken into consideration. (Enacted 1995) Cap 470 s 23 Failure to notify Director of periodic test and examination Where, within 4 weeks after the expiration of any period in which a test and examination is required under section 22, the Director has not received a certificate required to be delivered to him under that section, he may order the owner to arrange for such a test and examination to be carried out and to deliver the certificate to the Director within 21 days of receiving the order. (Enacted 1995) Cap 470 s 24 Director may prohibit use of builder's lift or tower working platform PART VII ADDITIONAL POWERS AND DUTIES In addition to such other powers as are provided by this Ordinance, the Director may, by order in writing, prohibit an owner from using a builder's lift or tower working platform, as the case may be, in any of the following circumstances- (a) after inspection of the log book, the Director believes that the builder's lift or tower working platform, as the case may be, has not been properly maintained in accordance with section 21; (b) the Director has not received a certificate within the 21 day period referred to in section 23; (c) the Director is not satisfied with a report or certificate submitted to him; (d) a registered examiner, after performing a test and examination, notifies the Director that the builder's lift or tower working platform, as the case may be, is not in safe working order; (e) after carrying out an inspection, the Director believes that the builder's lift or tower working platform, as the case may be, is not in safe working order. (Enacted 1995) Cap 470 s 25 Additional powers of Director The Director may- (a) enter a construction site and inspect and carry out such tests as he considers necessary in respect of a builder's lift or tower working platform; (b) order an owner of a builder's lift or tower working platform, in respect of which he has issued an order prohibiting its use, to disconnect the electricity supply to it; (c) require an owner to submit a report, which has been prepared by a registered examiner and is in the form and contains the information specified by the Director, in respect of any accident involving a builder's lift or tower working platform; (d) enter premises adjacent to a construction site where such entry is necessary in investigating an accident involving a builder's lift or tower working platform that occurred on the construction site; (e) impound any part of a builder's lift or tower working platform that has been involved in an accident where the Director believes the impounding is necessary for determining the cause of such accident; (f) order a registered contractor or registered examiner, as the case may be, to stop carrying out lift work where, in the Director's opinion, such work is being carried out- (i) in contravention of a provision of this Ordinance; or (ii) in a manner that is likely to cause injury to a person or damage to property. (Enacted 1995) Cap 470 s 26 Additional duties of owner In addition to such other duties as are imposed on him by this Ordinance, an owner shall- (a) ensure that a builder's lift or tower working platform, as the case may be, is at all times operated by a competent operator; (b) prominently display the most recent certificate of test and examination inside the lift cage or on the platform; (c) immediately notify in writing the Director and the registered contractor whose services have been retained under section 13 where- (i) any accident occurs, whether or not there is personal injury or property damage associated with it; or (ii) there is a failure of any of the following- (A) the driving machine brake; (B) the overspeed governor; (C) the safety gear; (D) the overload sensing device; (E) the suspension system including the rack and pinion suspension system or rope suspension system;(d) ensure that a builder's lift or tower working platform, as the case may be, is not used where he is advised by a registered contractor or registered examiner that it is not in safe working order. (Enacted 1995) Cap 470 s 27 Additional duties of registered contractor (1) In addition to such other duties as are imposed on him by this Ordinance, a registered contractor shall- (a) ensure that no lift work for which he is responsible is carried out by a person contrary to the requirements of section 14; (b) immediately notify the owner and the Director if he finds that a builder's lift or tower working platform, as the case may be, does not comply with any of the relevant requirements set out in section 9 or is otherwise not in safe working order; (c) when notified by an owner of an accident or failure under section 26(c), submit, within 7 days of being so notified, a report to the Director in the form and containing the information specified by the Director; (d) on the request of the Director, assist in the investigation of an accident in respect of a builder's lift or tower working platform for which he has been responsible for carrying out the lift work; (e) provide to the Director the name and relevant qualifications of each competent worker employed by him and notify the Director of subsequent changes; (f) notify the Director, within 14 days- (i) when he ceases to be retained by an owner to carry out the lift work required under this Ordinance; or (ii) of any change in his business address.(2) Notwithstanding subsection (1)(c), where the Director is of the opinion that a full report cannot reasonably be completed within 7 days of the registered contractor being notified by the owner of an accident or failure, the Director may notify the contractor in writing that the contractor may, instead of complying with the 7 days requirement in subsection (1)(c)- (a) submit a preliminary report to the Director within 72 hours of being notified of the accident or failure; and (b) submit a report in accordance with subsection (1)(c) within 14 days of being notified of the accident or failure or within such longer period as the Director may specify in the notice. (Enacted 1995) Cap 470 s 28 Additional duties of registered examiner In addition to such other duties as are imposed on him by this Ordinance, a registered examiner shall- (a) on the request of the Director, assist in the investigation of an accident in respect of a builder's lift or tower working platform on which he carried out the most recent test and examination; (b) notify the Director, within 14 days, of any change of his business or residential address. (Enacted 1995) Cap 470 s 29 Duties of competent operator A competent operator shall- (a) ensure that the number of passengers in the lift cage or on the platform does not exceed the maximum number specified in the notice required under section 10(b); (b) not interfere with any safety devices while operating the builder's lift or tower working platform; (c) operate the builder's lift or tower working platform in accordance with the proper operating procedures laid down by the manufacturer. (Enacted 1995) Cap 470 s 30 Director may discipline or refer to disciplinary tribunal PART VIII DISCIPLINE OF REGISTERED CONTRACTORS AND REGISTERED EXAMINERS (1) Where the Director considers that there is evidence that a registered contractor or a registered examiner has failed to comply with this Ordinance- (a) he may refer the matter to the Secretary for hearing by a disciplinary tribunal; or (b) in accordance with section 31, he may do either or both of the following- (i) reprimand the registered contractor or registered examiner; (ii) impose a penalty up to $10000 on a registered contractor or up to $1000 on a registered examiner.(2) In accordance with section 31, the Director may cancel a registration if he considers that- (a) the person obtained registration by fraud or on the basis of misleading or inaccurate information; (b) the registration was made in error; or (c) the person is no longer qualified under this Ordinance to be registered.(3) Where a person without reasonable excuse fails to pay a monetary penalty imposed on him under subsection (1) or section 35 on or before the time stipulated for payment, the Director may, in accordance with section 31, suspend his registration until the monetary penalty is paid. (4) A monetary penalty imposed under this section is recoverable as a civil debt. (Enacted 1995) Cap 470 s 31 Discipline procedure (1) Where the Director considers that there are grounds for taking action under section 30(1)(b), (2) or (3) the Director shall notify the registered contractor or registered examiner specifying the grounds and advising him that he is entitled to a hearing or to submit a written representation and that if he intends to request a hearing or submit a representation he must do so within 4 weeks after the date of the Director's notice. (2) Where the Director, in his notice under subsection (1) in respect of a proposed action under section 30(1)(b), states that the alleged failure, if proved or admitted, will not attract a penalty greater than that set out in the notice, the Director shall not impose a greater penalty. (3) Where the Director does not, within 4 weeks after the date of the notice sent under subsection (1), receive from the person a request for a hearing, he may, after considering any written representation from him, impose the appropriate penalty under section 30. (4) Where the Director, within 4 weeks after the date of the notice sent under subsection (1), receives a request for a hearing, he shall afford the person a reasonable opportunity to be heard. (5) After the hearing or, where the person fails without reasonable excuse to attend at the time set by the Director for the hearing, the Director may exonerate the person or impose the appropriate penalty under section 30. (6) The Director shall notify the person of his decision and the reasons for it. (Enacted 1995) Cap 470 s 32 Disciplinary tribunal panel (1) The Secretary shall appoint members to a disciplinary tribunal panel based on the following numbers and categories- (a) not more than 5 persons who are corporate members of the Hong Kong Institution of Engineers; (b) not more than 5 persons from organizations that he considers represent the interests of registered contractors; (c) not more than 5 persons from organizations that he considers represent the interests of registered examiners; (d) not more than 5 persons from organizations that he considers represent the interests of owners of builders' lifts or tower working platforms; and (e) not more than 5 persons from organizations that he considers represent the interests of construction workers.(2) A public officer is not eligible for appointment to the disciplinary tribunal panel. (3) A member shall be appointed for a term of 3 years and may be reappointed at the end of a term. (Enacted 1995) Cap 470 s 33 Disciplinary tribunal (1) Within 21 days after receipt of notice of a matter from the Director under section 30(1), the Secretary shall appoint a disciplinary tribunal to hear the matter and the tribunal shall consist of 1 member from each category of the disciplinary tribunal panel. (2) The members shall elect a chairman from among themselves. (3) Each member shall be remunerated out of money provided by the Legislative Council for the purpose at a rate that the Financial Secretary may determine. (Enacted 1995) Cap 470 s 34 Proceedings before the disciplinary tribunal (1) The chairman of the disciplinary tribunal shall notify the registered contractor or registered examiner and the Director of the time and place of its hearing into the matter. (2) The registered contractor or registered examiner and the Director may each be represented by an agent or legal representative at a proceeding before the disciplinary tribunal. (3) A legal adviser may be present at proceedings of the disciplinary tribunal to advise the chairman on any legal matter. (Enacted 1995) Cap 470 s 35 Disciplinary tribunal powers (1) The disciplinary tribunal may, by notice under the signature of the chairman- (a) order a person to attend before the tribunal and give evidence; (b) order a person to produce documents; and (c) authorize a person to inspect a builder's lift or tower working platform or any lift work in connection with it.(2) After concluding its hearing, the disciplinary tribunal may exonerate the registered contractor or registered examiner or may do one or more of the following- (a) reprimand the registered contractor or registered examiner; (b) impose a penalty up to $50000 on a registered contractor or up to $10000 on a registered examiner; (c) suspend or cancel the registration of the registered contractor or registered examiner; (d) suspend the registered contractor's or registered examiner's registration for a specified period of time.(3) The disciplinary tribunal may make any order it thinks fit with regard to the payment of costs of the proceedings under this section and the costs of the Director or of the registered contractor or registered examiner. (4) The disciplinary tribunal shall notify the registered contractor or registered examiner of its decision and the reasons for it. (5) Where no notice of appeal has been delivered to the Director within the time required under section 36(2), the decision of the disciplinary tribunal takes effect at the expiration of that time. (6) Where a notice of appeal has been delivered to the Director within the time required under section 36(2), but the appellant abandons his appeal before the commencement of the hearing before the appeal board, the decision of the disciplinary tribunal takes effect on the day after the Director receives notice of the abandonment. (7) A monetary penalty imposed under this section and costs awarded or imposed under this section are recoverable as a civil debt. (Enacted 1995) Cap 470 s 36 Appeal to appeal board PART IX APPEALS (1) A person who is aggrieved by a decision or action of the Director or a decision of a disciplinary tribunal under this Ordinance may appeal to the appeal board appointed under section 38. (2) Within 4 weeks after the decision or action of the Director or the decision of the disciplinary tribunal, the appellant shall deliver to the Director a notice of appeal stating the substance of the matter and reasons for the appeal. (3) After receiving the notice of appeal the Director shall forward it to the Secretary. (4) An appeal under this section against a decision of the Director does not suspend the Director's decision unless he decides otherwise. (Enacted 1995) Cap 470 s 37 Appeal board panel (1) The Secretary shall appoint members to an appeal board panel based on the following numbers and categories- (a) not more than 5 persons who are corporate members of the Hong Kong Institution of Engineers; (b) not more than 5 persons from tertiary educational institutions; (c) not more than 5 persons from organizations that he considers represent the interests of registered contractors; (d) not more than 5 persons from organizations that he considers represent the interests of registered examiners; (e) not more than 5 persons from organizations that he considers represent the interests of owners of builders' lifts or tower working platforms; and (f) not more than 5 persons from organizations that he considers represent the interests of construction workers.(2) A public officer is not eligible for appointment to the appeal board panel. (3) A member shall be appointed for a term of 3 years and may be reappointed at the end of a term. (Enacted 1995) Cap 470 s 38 Appeal board (1) Within 21 days after receipt of a notice of appeal from the Director under section 36(3), the Secretary shall appoint an appeal board to hear the appeal and the board shall consist of 1 member from each category of the appeal board panel. (2) In respect of an appeal from a decision of a disciplinary tribunal, the Secretary shall not appoint to the appeal board a person who was on the disciplinary tribunal whose decision is being appealed against. (3) The members shall elect a chairman from among themselves. (4) The quorum of an appeal board is 5 members. (5) Each member shall be remunerated out of money provided by the Legislative Council for the purpose at a rate that the Financial Secretary may determine. (Enacted 1995) Cap 470 s 39 Proceedings before the appeal board (1) The chairman of the appeal board shall notify the appellant and the Director of the time and place of its hearing of the appeal. (2) The appellant and the Director may be represented by an agent or legal representative at a proceeding before the appeal board. (3) The appellant and the Director may adduce evidence at an appeal from a decision of the Director. (4) The appellant and the Director may appear and make representations at an appeal from a decision of the disciplinary tribunal but they shall not adduce evidence unless the appeal board consents. (5) A legal adviser may be present at proceedings of an appeal board to advise the chairman on any legal matter. (Enacted 1995) Cap 470 s 40 Appeal board powers (1) The appeal board may, by notice under the signature of the chairman- (a) order a person to attend before the board and give evidence; (b) order a person to produce documents; or (c) authorize a person to inspect a builder's lift or tower working platform or any lift work in connection with it.(2) The appeal board may- (a) confirm or revoke the decision or action of the Director or decision of the disciplinary tribunal; (b) make any decision that the Director or the disciplinary tribunal could have made; (c) order the Director to take any action within his powers; or (d) in an appeal from a decision of the Director to reprimand or impose a monetary penalty under section 30(1), do anything that the disciplinary tribunal may do under section 35(2).(3) The appeal board may make any order it thinks fit with regard to the payment of costs of the proceedings under this section and the costs of the Director or of any person in respect of whom the proceedings are brought. (4) The appeal board shall notify the appellant and the Director of its decision and the reasons for it. (5) A monetary penalty imposed under this section and costs awarded or imposed under this section are recoverable as a civil debt. (Enacted 1995) Cap 470 s 41 Submission of location plan PART X MISCELLANEOUS (1) Each time a builder's lift or tower working platform is installed at a construction site or dismantled and re-erected at a different location on the same site, the owner shall, when submitting the certificate of test and examination required under section 18(1)(a) or (b), submit a plan of the construction site showing its location on the site. (2) Where more than one builder's lift or tower working platform is installed at a construction site, each one shall be marked with a number and the number shall be shown on the construction site plan. (3) The Director shall not accept a certificate of test and examination under section 18(1)(a) or (b) unless the plan required under this section is submitted with it. (Enacted 1995) Cap 470 s 42 Authorized officers The Director may authorize in writing any public officer to exercise any powers and perform any duties conferred or imposed on the Director by this Ordinance. (Enacted 1995) Cap 470 s 43 Service of notices (1) A notice or order required to be served under this Ordinance shall be properly served if- (a) in the case of an individual, it is delivered to him or, where it cannot conveniently be so delivered, it is- (i) left at the address at which he ordinarily resides or carries on business or, if such an address is unknown, at his last known address; or (ii) sent by post to him at any such address;(b) in the case of a company, it is delivered to an officer of the company or, where it cannot conveniently be so delivered, it is left at, or sent by post to, the company's registered office; (c) in the case of a partnership, it is delivered to any partner or, where it cannot conveniently be so delivered, it is left at, or sent by post to, the address at which the partnership carries on business; (d) in the case of a body corporate other than a company or in the case of an unincorporated body of persons other than a partnership, it is delivered to an officer of the body or, where it cannot conveniently be so delivered, it is left at, or sent by post to, the address at which the body carries on business.(2) For the purposes of subsection (1), every body corporate other than a company and every unincorporated body of persons not being a partnership shall be deemed to carry on business at its principal office or place of business. (3) Where a notice or order is served- (a) by sending it by post, it shall, in the absence of evidence to the contrary, be deemed to have been served on the 7th day after the day on which it was sent; or (b) by leaving it at an address referred to in subsection (1)(a)(i), (b), (c) or (d), as the case may be, it shall, in the absence of evidence to the contrary, be deemed to have been served on the 7th day after it was so left. (Enacted 1995) Cap 470 s 44 Limitation of public liability (1) No liability shall rest upon the Government or upon any public officer solely by reason of the fact that any builder's lift or tower working platform is subject to examination or to inspecting, cleaning, oiling and adjusting under the provisions of this Ordinance, or solely by reason of the fact that the safety equipment provided for any builder's lift or tower working platform is subject to testing under the provisions of this Ordinance, or solely by reason of the carrying out of any such examination or test or the inspecting, cleaning, oiling or adjusting of any builder's lift or tower working platform in accordance with the provisions of this Ordinance or the carrying out of any other work pursuant to the provisions of this Ordinance, or solely by reason of the carrying out by the Director of an examination of a builder's lift or tower working platform or a test of the safety equipment provided for a builder's lift or tower working platform, or both, or solely by reason of any other matter or thing done or any certificate or report given or made under the provisions of this Ordinance. (2) No matter or thing done by the Director or by any officer of the Electrical and Mechanical Services Department to whom the Director has, pursuant to section 42, delegated any of his powers or duties or by any public officer acting under the direction of the Director shall, if it was done bona fide for the purpose of executing the provisions of this Ordinance, subject him personally to any action, liability, claim or demand whatsoever. (Enacted 1995) Cap 470 s 45 Minor offences (1) A person who contravenes section 15, 16, 17(1), 19(2), 20(7), 21(2) or (3), 22(4), 27, 28 or 29 commits an offence. (2) A person who contravenes section 12(3) or, having obtained the approval of the Director under that subsection, fails to perform lift work in accordance with the details submitted to the Director, commits an offence. (3) A person who commits an offence under this section is liable on conviction to a fine at level 3. (Enacted 1995) Cap 470 s 46 Serious offences (1) A person who contravenes section 13, 14(1), 19(1) or (4), 20(1), 22(3) or (6) or 26 commits an offence. (2) A person who obstructs the Director in the exercise of any of the powers conferred on him by this Ordinance, or obstructs a public officer authorized by the Director to exercise any such powers, commits an offence. (3) A person who fails to comply with an order or requirement of the Director given under section 25(b), (c) or (f) commits an offence. (4) A person who employs or permits a person to carry out lift work in contravention of section 14(1) commits an offence. (5) A person who wilfully misuses or interferes with a builder's lift or tower working platform, or any part thereof, commits an offence. (6) A person who, without reasonable excuse, fails to obey an order of the disciplinary tribunal or appeal board to- (a) attend before it and give evidence; or (b) produce documents,commits an offence. (7) A person who commits an offence under this section is liable on conviction to a fine at level 5. (Enacted 1995) Cap 470 s 47 Very serious offences (1) A person who contravenes section 9, 10, 18(1), 19(6) or 22(8) or (9) commits an offence. (2) A person who reconnects the electricity supply to a builder's lift or tower working platform, which supply has been disconnected on the order of the Director under section 25(b), without first obtaining the written permission of the Director to do so, commits an offence. (3) A person who obstructs a person authorized by the disciplinary tribunal or appeal board under section 35(1)(c) or 40(1)(c) to inspect a builder's lift or tower working platform or to inspect lift work commits an offence. (4) A person who- (a) forges a certificate of test and examination; (b) signs a certificate of test and examination knowing it is false in a material particular; (c) makes use of a certificate of test and examination which he knows or ought reasonably to have known was forged or false in a material particular; (d) knowingly utters or makes use of any certificate which in fact does not apply to a builder's lift or tower working platform, as if it is a certificate required under this Ordinance,commits an offence. (5) A person who makes a statement which he knows or ought reasonably to have known was false in a material particular when applying for registration as a registered contractor or registered examiner commits an offence. (6) A person who commits an offence under this section is liable on conviction to a fine of $200000 and to imprisonment for 12 months. (7) Where a person has been convicted of an offence under subsection (1) for contravening section 18(1), 19(6) or 22(8) or (9), he shall, in addition to the penalty provided therefor, be liable to a fine of $1000 for each day during which it is proved to the satisfaction of the court that there has been a further contravention of the same subsection unless he shows that such further contravention occurred without his consent or connivance and that he had taken all reasonable steps to prevent the use and operation of the builder's lift or tower working platform. (Enacted 1995) Cap 470 s 48 Liability of person other than principal offender (1) Where a body corporate is guilty of an offence under this Ordinance in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (3) Where the person who is guilty of an offence under this Ordinance is a firm and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any person concerned in the management of the firm, the partner or the person concerned in the management of the firm shall be guilty of the like offence. (Enacted 1995) Cap 470 s 49 Limitation period for prosecution Any prosecution under this Ordinance shall not be commenced more than 6 months after the commission of the offence or more than 6 months after the offence is discovered by or comes to the notice of the Director, whichever is the later. (Enacted 1995) Cap 470 s 50 Regulations Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 (1) The Chief Executive in Council may make regulations including regulations for all or any of the following matters- (Amended 57 of 1999 s. 3) (a) additional procedures, qualifications and requirements for the registration of contractors and examiners and the regulation of the activities of such registered contractors and registered examiners; (b) prescribing requirements for the design, installation, inspection, test, examination, maintenance, operation and use of builder's lifts and tower working platforms; (c) the carrying out of lift work and other work in relation thereto; (d) the submission of technical data, operation and maintenance manuals, plans, notices and certificates to the Director as required by this Ordinance; (e) the procedures to be followed with respect to proceedings of the disciplinary tribunal and the appeal board.(2) Regulations made under subsection (1) may provide for a penalty not exceeding a fine at level 3. (3) The Financial Secretary may make regulations prescribing the amount of fees required to be paid under this Ordinance. (Enacted 1995) Cap 470 s 51 Transitional (1) Where, on the day section 18 comes into operation, lift work referred to in section 18(1)(a), (b) or (c) is being carried out but has not yet been completed, section 18 shall apply to such lift work. (2) Where, on the day section 22 comes into operation, a builder's lift or tower working platform is already installed at a construction site, the registered contractor whose services have been retained by the owner shall employ a registered examiner to carry out a test and examination under that section within 90 days of that section coming into operation unless, within that 90 day period, a test and examination has been carried out under section 18. (3) Where, on the day section 41 comes into operation, a builder's lift or tower working platform is already installed at a construction site, the owner shall, within 90 days of that section coming into operation, submit a plan of the construction site showing its location on the site unless, within that 90 day period, a test and examination has been carried out under section 18(1)(a) or (b). (Enacted 1995)
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