2011

2011

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(I) Long Title

To provide for the planning ( 規劃 ), design ( 設 計 ) and construction ( 建 造 ) of buildings and associated works; to make provision for the rendering safe of dangerous buildings and land; and to make provision for matters connected therewith. (Originally 68 of 1955, [1 June 1956] G.N.A. 45 of 1956, Replaced 72 of 1980 s. 2)

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(II) Development (more than 150 years)1845Nuisances Ordinance 1845

1856- The Buildings and Nuisances

Ordinance 1856.- 1st statutory control on sanitation and

building works3

(II) Development (more than 150 years) Con’t.1883 An outbreak of cholera

1889- The Public Health Ordinance and the

Buildings Ordinance 1889- Plans submitted to Surveyor General

to approve  4

(II) Development (more than 150 years) Con’t.

1894 An outbreak of bubonic plague (鼠疫 )

in Guangzhou, which spreaded to Hong Kong causing

(causing death of 2,252 persons in 1894 and accumulates up to 20,457 persons in 1923)

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(II) Development (more than 150 years) Con’t.1901 Collapse of a building at 32 & 34

Cochrane Street ( )閣麟街 causing death of 43 persons

1903 The Public Health and Buildings

Ordinance 1903 – Introduction of “Authorized Architect”

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(II) Development (more than 150 years) Con’t.1935 Buildings Ordinance 1935 and Public

Health (Sanitation) Ordinance 1935 – 1st complete overhaul

1955Buildings Ordinance 1955 – 2nd complete

overhaul; framework of current Buildings Ordinance

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(III) Fundamental issues (1) Main themesBuilding control on Development Density, Safety and Health of the Built Environment

(2) Main aspectsPlanning, design and construction of new buildings and associated works;Rendering safe of dangerous existing buildings and slopes

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(IV) Interface with Education Regulation, Cap 279A in aspect of Maintenance of School Premises (1)Development Density

(A)  Site Coverage (上蓋面積 ) - the area of the site that is covered by

the building that is erected thereon and, when used in relation to a part of a composite building, means the area of the site on

which the building is erected that is covered by that part of the building. (G.N.A. 97 of 1962) B(P)R2

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(1)Development Density (con’t.)

(B)Plot Ratio (地積比率 ) - the gross floor area of the building by the area of the site on which the building is erected.

(G.N.A. 97 of 1962) B(P)R21(3)

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(IV) Interface with Education Regulation, Cap 279A in aspect of Maintenance of School Premises

(2) Health

 (A) General

Cap 279A reg 4 - Precautions for health (design, construction, fire resistance, material used)

Cap 279A reg 5 - Keeping the school premises in a satisfactory state of repair

Cap 279A reg 40- Floor space of classroom (not less than 0.9m2 for each pupil)

Cap 279A reg 87 - Maximum number of pupils permitted in every classroom

Cap 279A reg 88- Size of classes in nursery, kindergarten, primary, secondary, post-secondary education

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(2) Health (Con’t) (B) Lighting & Ventilation

Cap 279A reg 9(1) - School premises - adequately ventilated & lightedCap 279A reg 9(2) - No cubicle or partition obstructs light or air in classroomCap 279A reg 9(3) - Min.height of 3m for classrooms (2.75m for non purposely built

schools)Cap 279A reg 30 - Lighting for machines and work-benches Cap 279A reg 41 - Blackboards to be adequately illuminated Cap 279A reg 42 - Open-air recreation for pupilsCap 279A reg 43(2) - Performance specification of latrines, incl. ratio of window area /

room area. Statutory Requirements: Cap 123F, Building (Planning) Regulations - B(P)R29 : Every storey of every building used or intended to be used for the

purpose of an office or for habitation shall be provided with effectual means of lighting and ventilation.

- B(P)R30(1) : Every room used for habitation or for the purposes of an office or as a kitchen shall be provided with natural lighting and ventilation.

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(2) Health (Con’t) (C) Water Supply, Sanitary & Ablutions

Cap 279A reg 10(b) -Structural alternations to latrine accommodation and sanitary accommodation

Cap 279A reg 43(1) - Provision of Latrines, etc. Cap 279A reg 44 - Improvements to sanitation as required by PS(Ed) Cap 279A reg 46 - Ablutions Cap 279A reg 45 - Adequate and wholesome water supply Cap 279A reg 47 - Refreshment places (such as tuckshops, canteen, etc.)

are in clean & sanitary conditionCap 279A reg 48 - All school premises shall be in a clean & sanitary

condition Cap 279A Sch I - Detailed requirements of sanitary fitments Statutory requirements: - Cap 123, Buildings Ordinance - BO 28(1) : All drainage works for any building shall, save as

provided by regulations, be carried out by the owner of such building to the satisfaction of the Building Authority and in compliance with regulations.

- Technical details : Cap 123I, Building (Standards of Sanitary fitments, Plumbing, Drainage Works and Latrines) Regulations

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(3) Safety (A) General

Cap 279A reg 4 - Precautions for health (design, construction, fire resistance, material used)

Cap 279A reg 5 - Repair (Satisfactory state of repair) Cap 279A reg 7 - Maximum height of schools < 24mCap 279A reg 8 - Minimum height of parapets and window openings < 1.1mCap 279A reg 15 - Periodic inspection of premises by an authorized person Cap 279A reg 17(1)(d) - Structural requirements - parapet wall around the roof

playground of a height of not less than 1.1 m together with a continuous chain link or similar metal fence fixed to the inner vertical side to make up the total height shall be not less than 2.5 m.

Cap 279A reg 18 - Pupils using roof playgrounds to be under supervision of a teacher

Cap 279A reg 20 - Limitation of activities on roof playgrounds Cap 279A reg 40 - Floor space Cap 279A reg 88 - Size of classes

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(3) Safety

 (A) General (Other legislations or requirements )

Section 8(1) & (2) of Building (Construction) Regulations,

Cap 123B – change of level

Protective barriers of not less than 1.1 m shall be provided to restrict or control the movement of persons and vehicles at the outer edge of all balconies, verandahs, staircases, landings or projections, or where there is a difference in adjacent levels greater than 600 mm  

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(3) Safety

 (A) General (Other legislations or requirements ) Con’t

Section 6(1) of Occupational Safety and Health Regulation,

Cap 509A - Certain parts of workplace are securely fenced

Fencing in form of railing or other protective barriers to height of 900mm have to be provided for the platform, pit, opening (incl. roof, flat roof) located within a workplace to the satisfaction of the Commissioner of Labour.

 PNAP 253 - Safety nets, higher railing to open, stair-well and

open well to schools

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(3) Safety

 (B) Means of escape (MoE) - 逃生途徑 Cap 279A reg 12 - Restriction on assembly of pupils Cap 279A reg 13 - Restriction on gymnastics Cap 279A reg 14 - Restriction on furniture to be in any classroom Cap 279A reg 16 - Approval for roof playgrounds Cap 279A reg 17 (1)(b) - Roof playground shall be a minimum of 2 suitable

staircases with width of 1.05 m and being fitted with continuous handrails on both sides

Cap 279A reg 17(1)(c) - Roof playground shall have landings (min.1.5m x1.5m) leading to the roof

Cap 279A reg 17(2) - School should provide a certificate of stability given by an authorized person (AP) which specifies the maximum number of pupils who may be allowed to use the roof playground.

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(3) Safety (B) Means of escape (MoE) Con’t

Cap 279A reg 19(1) -Nos. of pupils allowed on a roof playground (<60 pupil / a teacher)Cap 279A reg 19(3) - Demonstration of a certificate stating examination of AP’s

certificateCap 279A reg 24 - Limit on number of pupils in school workshops / science laboratory Cap 279A reg 28 - Number of pupils shall be taught (< 20) by a teacher in school

workshopsCap 279A reg 85 - Specifications for exit door (opened from inside without using a key) Cap 279A reg 87 - Max.nos. of pupils permitted in every classroom and exhibition of

notice Statutory requirements: Cap 123F, Building (Planning) Regulations - B(P)R41(1): satisfactory MoE as required by the intended use of the building- B(P)R41(2): building with second staircase as MoE  Technical details : Code of Practice for the Provision of Means of Escape in Case of

Fire 1996

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(3) Safety (C) Means of Access for Firefighting and

Rescue ( 消防和救援進出途徑 ) and Fire Rescue

Cap 279A reg 34 - Fire officers may inspect school premises Cap 279A reg 35 - Fire officers may inspect neighbourhood of school if fire risk

suspectedCap 279A reg 36 - Fire officers shall report to PS(Ed) on the fire precautions /

recommendation to preclude danger from fire.Cap 279A reg 37 - Notice by PS(Ed) requiring safety equipment against fire Cap 279A reg 38(1) - Fire drills to be carried out once in every 6 months Cap 279A reg 38(2) - Ensuring exits of the school premises / classrooms are free from

obstruction Cap 279A reg 39 - Maintaining fire service installation and equipment in good condition  Statutory requirements : Cap 123F, Building (Planning) Regulations Buildings should provide with the MoA to enable firemen to effect rescue and fight fire. - B(P)R 41A : Access staircases for firemen 供消防員使用的通道樓梯- B(P)R 41B : Fireman‘s lifts 消防員升降機 - B(P)R 41C : Firefighting and rescue stairway 消防員救援樓梯間- B(P)R 41D : Emergency vehicular access 緊急車輛通道 Technical details : Code of Practice for the Provision of Means of Access for Firefighting

and Rescue 2004

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(3) Safety (D) Fire Separation and Fire Resistance

ConstructionCap 279A reg 6 - Schools not to be over godowns, shops, etc.  Statutory requirements :- Cap 123B, B(C)R 90 –

Every building shall be designed and constructed so as to- (a) inhibit the spread of fire within the building and to nearby buildings by dividing the building into compartments;(b) provide adequate resistance to the spread of fire and smoke by the separation of different uses in a building by compartment walls and floors and by the separation of the building from any adjoining building or site;(c) maintain the stability of the building in case of fire; and(d) provide adequate resistance to the spread of fire over the roof of one building to another having regard to the position of the building.

Technical details : Code of Practice for Fire Resisting Construction 1996 20

(3) Safety (E) Structural stability and integrity

Cap 279A reg 10(a) -Structural alternations to the school premises

Cap 279A reg 10(c) - No subdivision of a classroom (increase of loading to existing floor)

Cap 279A reg 17(1)(a) - Roof of roof playground is constructed of reinforced cement concrete

Statutory Requirements: Cap 123B, Building (Construction) Regulations

Technical details : - Building (Construction) Regulations - Code of Practice for the Structural Use of Steel 2005- Code of Practice for Structural Use of Concrete 2004

(Second Edition) 21