Chapter: 56 BOILERS AND PRESSURE VESSELS ORDINANCE Gazette Number Version Date. Long title 30/06/1997

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1 Chapter: 56 BOILERS AND PRESSURE VESSELS ORDINANCE Gazette Number Version Date Long title To control the use and operation of boilers and pressure vessels, to provide for the holding of inquiries into accidents in or to boilers and pressure vessels and to provide for matters connected with the purposes aforesaid. (Amended 67 of 1978 s. 2; 87 of 1988 s. 34) (Originally 38 of 1962) [1 March 1963] L.N. 18 of 1963 Section: 1 Short title and commencement 54 of /07/1997 Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) This Ordinance may be cited as the Boilers and Pressure Vessels Ordinance. (Amended 87 of 1988 s.2) (2) Sections 19, 20, 21, 31, 49(3) and 50(3) shall not come into operation until the day appointed for their commencement by the Chief Executive by Proclamation in the Gazette. (Amended 54 of 2000 s. 3) Part: I INTERPRETATION AND APPLICATION Section: 2 Interpretation 54 of /07/1997 Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) In this Ordinance, unless the context otherwise requires- "accident" ( 意外 ) means an explosion of a boiler or pressure vessel and also means any damage or other occurrence to or in a boiler or pressure vessel or any part of a boiler or pressure vessel that weakens the boiler or pressure vessel and renders it liable to explode or collapse or is calculated to weaken it and render it liable to explode or collapse; (Amended 87 of 1988 s. 33) "air receiver" ( 空氣容器 ) means- (a) any vessel (other than a pipe or coil, or an accessory fitting or part of a compressor) for containing compressed air and which is connected with an air compressing plant; (b) any fixed vessel for containing compressed air or compressed exhaust gases that is used for the purpose of starting an internal combustion engine; (c) any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of spraying, by means of compressed air, any paint, varnish, lacquer or similar material; and (d) any pressurized fuel container; (Amended 87 of 1988 s. 31) "air receiver inspector" ( 空氣容器檢驗師 ) means a person who has been appointed under section 5(1) to be an air receiver inspector and whose appointment to be an air receiver inspector has not been suspended; (Amended 87 of 1988 s. 3) "appointed examiner" ( 委任檢驗師 ) means- (a) in the case of a boiler or pressure vessel, other than an air receiver, and its auxiliary equipment, a boiler inspector; (b) in the case of an air receiver, other than a pressurized fuel container, and its auxiliary equipment, a boiler inspector or an air receiver inspector; (c) in the case of a pressurized fuel container, a boiler inspector, an air receiver inspector or a pressurized fuel container inspector; (Amended 87 of 1988 ss. 31 & 33) "Authority" ( 監督 ) means the public officer appointed under section 4(1) to be the Boilers and Pressure Vessels Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 1

2 Authority; (Added 87 of 1988 s. 3) "authorized officer" ( 獲授權人員 ) means a public officer authorized under section 4(3); (Added 87 of 1988 s. 3) "auxiliary equipment" ( 輔助設備 ) means every pipe, fitting and attachment connected to or with a boiler or pressure vessel, as the case may be, and, in the case of a boiler, also means any fuel burning installation connected therewith; (Amended 87 of 1988 s. 33) "Board of Inquiry" ( 研訊委員會 ) means a Board of Inquiry appointed under section 8; "boiler" ( 鍋鑪 ) means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure and also means any economizer used to heat water being fed into any such vessel, any superheater used for heating steam and any fitting directly attached to such vessel that is wholly or partly under pressure when steam is shut off, and any vessel in which oil is heated at a pressure greater than atmospheric pressure; (Amended 87 of 1988 s. 3) "boiler inspector" ( 鍋鑪檢驗師 ) means a person who has been appointed under section 5(1) to be a boiler inspector and whose appointment to be a boiler inspector has not been suspended; (Amended 87 of 1988 s. 3) "certificate of competency" ( 合格證書 ) means a certificate of competency issued under section 6; "certificate of fitness" ( 效能良好證明書 ) means a certificate of fitness issued under section 33; "certificate of inspection during construction" ( 建造期檢驗證明書 ) means a certificate issued in respect of a boiler or pressure vessel certifying that the boiler or pressure vessel and, if such be the case, its auxiliary equipment was inspected during its construction and complies with the provisions of a recognized engineering standard, or code, specified in the certificate; (Replaced 87 of 1988 s. 3) "competent person" ( 合格人員 ) means a person whose name is for the time being entered in the register of competent persons kept pursuant to section 7(1)(e); "existing" ( 現有 ), when used in relation to a pressurized fuel container, means a pressurized fuel container that is in use in Hong Kong at the commencement of the day appointed by the Chief Executive under section 1(2); (Amended 87 of 1988 ss. 31 & 38; 54 of 2000 s. 3) "fuel burning installation" ( 燃料燃燒裝置 ) means any oil, or other liquid, or gas fuel burning installation by means of which heat is applied to a boiler for the purpose of generating steam or heating oil therein; (Amended 87 of 1988 s. 3) "legal officer" ( 律政人員 ) has the meaning that it has for the purposes of the Legal Officers Ordinance (Cap 87); "maker's certificate" ( 製造商證明書 ) means a certificate issued by the manufacturer of a boiler, pressure vessel or steam container certifying that he has constructed the boiler, pressure vessel or steam container, as the case may be, and that the particulars stated in the certificate relate to such boiler, pressure vessel or steam container; (Amended 87 of 1988 s. 33) "new" ( 新 ), when used in relation to a boiler, a pressure vessel, other than a pressurized fuel container, a steam container or a fuel burning installation, means a boiler, pressure vessel, steam container or fuel burning installation that is first put into use in Hong Kong after the commencement of this Ordinance or that is put into use, or intended to be put into use, in circumstances where this Ordinance, after having been inapplicable thereto by virtue of section 3, first applies thereto in accordance with subsection (3) of that section; (Amended 67 of 1978 s. 3; 87 of 1988 ss , 33 & 38) "new" ( 新 ), when used in relation to a pressurized fuel container, means a pressurized fuel container that is first put into use in Hong Kong after the commencement of the day appointed by the Chief Executive under section 1(2) or that is put into use, or intended to be put into use, in circumstances where this Ordinance, after having been inapplicable thereto by virtue of section 3, first applies thereto in accordance with subsection (3) of that section; (Amended 67 of 1978 s. 3; 87 of 1988 ss. 31 & 38; 54 of 2000 s. 3) "owner" ( 擁有人 ), in relation to a boiler or pressure vessel, includes any person who is in possession of the boiler or pressure vessel under an agreement of hire purchase or under a contract between a supplier of boilers or pressure vessels, or the agent of any such supplier, and such person for the sale of the boiler or pressure vessel, notwithstanding that the property in the boiler or pressure vessel has not passed to such person, and, where the owner of a boiler or pressure vessel cannot be found or ascertained or is absent from Hong Kong or is under disability, also includes the agent of the owner; (Amended 87 of 1988 ss. 33, 34 & 38) "portable gas generator" ( 輕便型氣體生產機 ) means a vessel, not being part of a fixed installation, within which acetylene gas is generated by the admixture of calcium carbide and water; Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 2

3 "pressure vessel" ( 壓力容器 ) means a steam receiver, an air receiver and a portable gas generator; (Added 87 of 1988 s. 3) "pressurized fuel container" ( 壓力燃料容器 ) means a vessel intended or adapted for the expulsion by compressed air of liquid fuel or fuel vapour stored in the vessel; (Added 87 of 1988 s. 3) "pressurized fuel container inspector" ( 壓力燃料容器檢驗師 ) means a person who has been appointed under section 5(1) to be a pressurized fuel container inspector and whose appointment has not been suspended; (Added 87 of 1988 s. 3) "recognized" ( 認可 ) means recognized by the Authority; (Amended 87 of 1988 s.36) "registered" ( 已登記 ), when used in relation to a boiler, a pressure vessel, other than a pressurized fuel container, or a steam container, means a boiler, pressure vessel or steam container that is entered in the register of boilers, pressure vessels, other than pressurized fuel containers, and steam containers kept pursuant to section 7(1)(a); (Amended 93 of 1970 s. 2; 87 of 1988 ss ) "registered" ( 已證記 ), when used in relation to a pressurized fuel container, means a pressurized fuel container that is entered in the register of pressurized fuel containers kept pursuant to section 7(1)(b); (Amended 87 of 1988 ss. 31 & 32) "repairs" ( 修理 ) includes renewals, alterations or additions; "steam container" ( 蒸汽甑 ) means any vessel or apparatus (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose; "steam receiver" ( 蒸汽容器 ) means any vessel or apparatus (other than a boiler, a steam container, a steam pipe or coil, or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure; "uncertified" ( 未經核證 ), when used in relation to a boiler or pressure vessel, means a boiler or pressure vessel in respect of which the owner has delivered to the Authority neither the documents specified in section 13(a) nor the documents specified in section 13(b). (Added 87 of 1988 s. 3) (Amended 87 of 1988 s. 3) (2) For the purposes of this Ordinance, the expression "extensive repairs" ( 大修 ) means any repairs that affect or may affect the structure of the boiler or pressure vessel, as the case may be, in respect of which they have been carried out, but, save where the same are occasioned by an explosion in the boiler or pressure vessel, does not include repairs that consist of the renewal of a part of a boiler or pressure vessel where- (a) the part or fitting used in the renewal is a part or fitting that- (i) was manufactured by the person who manufactured the boiler or pressure vessel; or (ii) if not having been so manufactured, is, to the satisfaction of an appointed examiner, not less in strength and efficiency than the part which it replaces; and (b) if the fixing of the part or fitting affects or may affect the structure of the boiler or pressure vessel, the same is fixed to the satisfaction of an appointed examiner. (Amended 87 of 1988 s. 33) Section: 3 Application 54 of /07/1997 Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) This Ordinance applies to every boiler, pressure vessel and steam container other than- (a) a boiler, a pressure vessel or a steam container belonging to the State; (Amended 54 of 2000 s. 3) (b) a boiler, a pressure vessel or a steam container that is used solely for domestic purposes; (c) a boiler, pressure vessel or steam container that is part of the fixed equipment of a vessel or other floating craft, whether or not the vessel or craft is used or intended for use in navigation; (Replaced 67 of 1978 s. 4) (ca) an air receiver that is used solely for, or that is part of the equipment used solely for, either or both of the following purposes- (i) supplying locomotive power to a vehicle intended or adapted for use on a road, railway or tramway; Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 3

4 (ii) operating the ancillary equipment of such a vehicle which is used for the carriage of passengers or goods; and (Added 67 of 1978 s. 4. Amended 87 of 1988 s. 4) (d) a pressurized fuel container having a maximum storage capacity that does not exceed 4.5 litres of liquid fuel or of fuel vapour. (Replaced 67 of 1978 s.4. Amended 87 of 1988 ss. 4 & 31) (e) (Repealed 87 of 1988 s. 4) (2) Parts II, III, IV, V and VI and sections 49, 50, 51, 61 and 62 do not apply to portable gas generators. (3) Where a boiler or pressure vessel is, or is intended to be, put into use in such circumstances that this Ordinance becomes applicable thereto for the first time after having been inapplicable thereto by operation of subsection (1), the provisions of this Ordinance relating to new boilers or pressure vessels shall apply to that boiler or pressure vessel. (Added 67 of 1978 s. 4. Amended 87 of 1988 s. 34) (Amended 87 of 1988 s. 33) Part: II APPOINTMENT OF AUTHORITY, ETC., KEEPING OF REGISTERS, CERTIFICATES OF COMPETENCY, BOARDS OF INQUIRY AND EXEMPTIONS* Note: * (Amended 87 of 1988 s. 5) Section: 4 Authority and authorized officers 54 of /07/1997 Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) For the purpose of carrying out the provisions of this Ordinance, the Chief Executive may appoint a public officer to be the Boilers and Pressure Vessels Authority. (Amended 54 of 2000 s. 3) (2) An appointment under subsection (1) shall be notified in the Gazette. (3) The Authority may authorize in writing any public officer to perform or exercise all or any of the functions, duties or powers which are imposed or conferred on the Authority or an authorized officer by this or any other Ordinance, with the exception of section 65 of this Ordinance. (Amended 78 of 1993 s. 2) (Replaced 87 of 1988 s. 6) Section: 5 Appointment, etc. of boiler inspectors, air receiver inspectors and pressurized fuel container inspectors (1) The Authority may appoint such number of persons as the Authority considers necessary, having such qualifications as the Authority considers sufficient, to be boiler inspectors, air receiver inspectors, or pressurized fuel container inspectors. (2) An appointment under subsection (1) shall be notified in the Gazette. (Replaced 87 of 1988 s. 6) Section: 5A Revocation and suspension of appointment (1) The Authority may by notice in writing to a person appointed under section 5(1) revoke or suspend for any length of time his appointment if- (a) that person so requests; or (b) it appears to the Authority that the person has ceased to practise as a boiler inspector, air receiver inspector, or pressurized fuel container inspector, as the case may be; or (c) the Authority does not consider the person to be competent, fit and proper to remain appointed. (2) Every notice referred to in subsection (1) shall- (a) include an adequate statement of the reasons for revoking or suspending the appointment; and (b) set out subsections (3) and (4). (Amended 6 of 1994 s. 34) (3) A person whose appointment is revoked or suspended otherwise than at his own request may, by notice in writing which states the grounds of appeal and is delivered to the Authority within 28 days of his being notified by the Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 4

5 Authority of the decision, appeal to the Administrative Appeals Board. (Amended 6 of 1994 s. 34) (4) A revocation or suspension of an appointment under subsection (1) shall have immediate effect, notwithstanding any appeal against the decision under subsection (3). (5)-(6) (Repealed 6 of 1994 s. 34) (7) A revocation or suspension of an appointment under subsection (1) and a reversal of a decision of the Authority by the Administrative Appeals Board shall be notified in the Gazette. (Amended 6 of 1994 s. 34) (Added 87 of 1988 s. 6) Section: 6 Certificates of competency 15 of /06/2002 Remarks: For savings and transitional provisions relating to the amendments made by the Boilers and Pressure Vessels (Amendment) Ordinance 2002 (15 of 2002), see section 6 of that Ordinance. (1) The Authority may, upon application in writing, issue a certificate of competency to a person if that person- (a) has produced evidence that satisfies the Authority that he has adequate experience, skill and knowledge in the operation of all classes and types of boiler and steam receiver or of boilers or steam receivers, or both, of the class or type to be specified in the certificate, as the case may be; or (b) has, by passing an examination conducted by the Authority, satisfied the Authority that he has adequate experience, skill and knowledge in the operation of all classes and types of boiler and steam receiver or of boilers or steam receivers, or both, of the class or type to be specified in the certificate, as the case may be. (Replaced 15 of 2002 s. 2) (2) Every certificate of competency shall be in the prescribed form and shall, as the case may be, certify that the person to whom it is issued is- (a) competent to operate all classes and types of boiler and steam receiver and their auxiliary equipment; or (b) competent to operate boilers or steam receivers, or both, and their auxiliary equipment, of the class or type specified therein. (3) The Authority may, upon application in writing by a person who has been issued with a certificate of competency referred to in subsection (2)(b), endorse the existing certificate of the person or issue a new certificate of competency to certify that the person is competent to operate all classes and types of boiler and steam receiver or is competent to operate boilers or steam receivers, or both, of a class or type ("additional class or type") in addition to the class or type specified in the existing certificate, as the case may be. (Replaced 15 of 2002 s. 2) (3A) The Authority may endorse an existing certificate of competency of, or issue a new certificate of competency to, a person under subsection (3) only if that person- (a) has produced evidence that satisfies the Authority that he has adequate experience, skill and knowledge in the operation of all classes and types of boiler and steam receiver or of boilers or steam receivers, or both, of the additional class or type, as the case may be; or (b) has, by passing an examination conducted by the Authority, satisfied the Authority that he has adequate experience, skill and knowledge in the operation of all classes and types of boiler and steam receiver or of boilers or steam receivers, or both, of the additional class or type, as the case may be. (Added 15 of 2002 s. 2) (4) The Authority may- (a) revoke a certificate of competency if it ceases to be satisfied that the holder of the certificate has adequate skill or knowledge in the operation of all classes and types of boiler and steam receiver specified in the certificate; or (b) amend a certificate of competency by deleting a class or type of boiler or steam receiver specified in the certificate if it ceases to be satisfied that the holder of the certificate has adequate skill or knowledge in the operation of that class or type of boiler or steam receiver, as the case may be. (Replaced 15 of 2002 s. 2) (5) A person who makes an application under subsection (1) or (3) shall pay the prescribed application fee. (Added 15 of 2002 s. 2) (6) The Authority shall cause examinations to be conducted and shall appoint assessors for the purposes of subsections (1)(b) and (3A)(b). (Added 15 of 2002 s. 2) (7) A person who has taken an examination referred to in subsection (1)(b) or (3A)(b) may, within 28 days of Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 5

6 being notified of his examination result, request in writing the Authority to review the result. (Added 15 of 2002 s. 2) (8) Upon receipt of a request under subsection (7), the Authority shall review the examination result to which the request relates as soon as practicable and shall notify in writing the person of its decision within 28 days after the completion of the review. (Added 15 of 2002 s. 2) (9) The Authority shall consider any written representation submitted by the person concerned before it makes a decision under subsection (8). (Added 15 of 2002 s. 2) (10) A person aggrieved by a decision of the Authority made in respect of him under subsection (1)(a), (3A)(a) or (4)(a) or (b) may, within 28 days of being notified of the decision by the Authority, appeal to the Administrative Appeals Board. (Added 15 of 2002 s. 2) (11) A revocation or amendment of a certificate of competency by the Authority under subsection (4)(a) or (b), as the case may be, shall have immediate effect, notwithstanding any appeal lodged by the holder of the certificate against the decision under subsection (10). (Added 15 of 2002 s. 2) (Amended 87 of 1988 s. 35) Section: 7 Authority to keep certain registers, and particulars to be entered in register of boilers and pressure vessels 15 of /06/2002 (1) The Authority shall keep the following registers- (a) a register of boilers, pressure vessels, other than pressurized fuel containers, and steam containers; (Replaced 93 of 1970 s. 3) (b) a register of pressurized fuel containers; (c) a register of boiler inspectors and air receiver inspectors, in which shall be entered the name of every person who is appointed under section 5 to be a boiler inspector or an air receiver inspector; (Amended 87 of 1988 s. 7) (d) a register of pressurized fuel container inspectors, in which shall be entered the name of every person who is appointed under section 5 to be a pressurized fuel container inspector and his registration number which shall be allotted by the Authority; and (e) a register of competent persons, in which shall be entered the name of every person to whom a certificate of competency is issued under section 6, together with a statement as to the class or type of boiler or steam receiver that that person is for the time being competent to operate. (2) (a) The following particulars shall be recorded by the Authority in the register of boilers and pressure vessels in respect of each registered boiler or pressure vessel- (i) the name and address of the owner for the time being of the boiler or pressure vessel; (ii) except in the case of a boiler or pressure vessel that is designed so as to be transportable from one place to another, the address at which the boiler or pressure vessel is installed; (iii) the class or type of the boiler or pressure vessel; (iv) the registration number of the boiler or pressure vessel; (v) the maximum permissible working pressure of the boiler or pressure vessel notified to him in accordance with section 47(2); (vi) the maximum permissible working pressure of the boiler or pressure vessel specified in the current certificate of fitness issued in respect of the boiler or pressure vessel if the pressure therein specified differs from the maximum permissible working pressure notified to him in accordance with section 47(2) or entered in the register pursuant to paragraph (b); (vii) the date on which each certificate of fitness issued in respect of the boiler or pressure vessel was issued; and (viii) the making by the Authority of an order under section 32 in respect of the boiler or pressure vessel and the date (if any) on which the same ceased to be in force. (b) Where, upon an appeal under section 48, the maximum permissible working pressure of the boiler or pressure vessel determined by the Authority differs from the maximum permissible working pressure thereof determined by the appointed examiner from whose decision the appeal was made, the Authority shall delete the entry made in the register of boilers and pressure vessels in accordance with paragraph (a)(v) and enter in the register the maximum permissible working pressure determined by the Authority. (Amended 87 of 1988 s. 7) (c) The Authority shall delete from the register of boilers and pressure vessels the entry therein in respect of a boiler or pressure vessel if he is satisfied that it has been destroyed or is otherwise no longer being Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 6

7 used in Hong Kong. (3) (a) The following particulars shall be recorded by the Authority in the register of pressurized fuel containers in respect of each registered pressurized fuel container- (i) the name and address of the owner for the time being of the pressurized fuel container; (ii) the place at which for the time being the pressurized fuel container is being used; (iii) the registration number of the pressurized fuel container; (iv) the making by the Authority of an order under section 32 in respect of the pressurized fuel container and the date (if any) on which the same ceased to be in force. (b) The Authority shall delete from the register of pressurized fuel containers the entry therein in respect of a pressurized fuel container if he is satisfied that it has been destroyed or is otherwise no longer being used in Hong Kong. (4) The Authority shall remove from the register of boiler inspectors and air receiver inspectors or the register of pressurized fuel container inspectors, as the case may be, the name of any person whose appointment to be a boiler inspector or an air receiver inspector or a pressurized fuel container inspector has been revoked and shall, during the continuance in force of a suspension of the appointment of a person to be a boiler inspector or an air receiver inspector or a pressurized fuel container inspector, keep in the register of boiler inspectors and air receiver inspectors or the register of pressurized fuel container inspectors, as the case may be, such entry as he considers sufficient to indicate the suspension. (5) The Authority shall remove from the register of competent persons the name of any person whose certificate of competency has been revoked under section 6(4)(a). (Amended 15 of 2002 s. 3) (Amended 87 of 1988 ss & 38) Section: 8 Inquiries into accidents in boilers and pressure vessels L.N. 362 of /07/1997 (1) Whenever an accident has occurred in or to a boiler or pressure vessel- (a) an authorized officer may make a preliminary inquiry with respect to the accident; and (b) whether or not an authorized officer makes a preliminary inquiry, the Authority may appoint a Board of Inquiry whose function it shall be to inquire into and determine, so far as may be possible, the cause of the accident. (Amended 67 of 1978 s. 6; 18 of 1982 s. 4; 87 of 1988 s. 8) (2) (a) Every Board of Inquiry shall consist of- (i) a magistrate nominated by the Chief Justice or a legal officer nominated by the Secretary for Justice; (Amended L.N. 362 of 1997) (ii) an authorized officer or a boiler inspector; and (Amended 18 of 1982 s. 4; 87 of 1988 s. 8) (iii) one other person who has such qualifications as the Authority considers suitable and who is not a public officer or a boiler inspector. (b) The magistrate or legal officer, as the case may be, shall be the chairman of a Board of Inquiry. (3) For the purposes of a preliminary inquiry, an authorized officer shall have the following powers- (Amended 18 of 1982 s. 4; 87 of 1988 s. 8) (a) to enter and inspect any premises the entry or inspection of which appears to him to be necessary; (b) to inspect and examine the boiler or pressure vessel and its auxiliary equipment; (c) to require the production of any document or thing in the possession of any person; and (d) to require any person to answer such inquiries as he considers it necessary to make. (4) (a) For the purpose of its inquiry, a Board of Inquiry shall have the following powers- (i) to hear evidence on oath or otherwise; (ii) to summon any person to attend any sitting of the Board to give evidence or to produce any document or thing in his possession and to examine him as a witness or require him to produce such document or thing, subject to all just exceptions; (iii) to enter and inspect any premises the entry or inspection of which appears to it to be necessary; and (iv) to inspect and examine the boiler or pressure vessel and its auxiliary equipment. (b) A witness summons shall be in such form as the chairman of the Board of Inquiry directs and shall be signed by him. (5) The report on a preliminary inquiry may, save where a Board of Inquiry has been, or is to be, appointed, be made public in such manner as the authorized officer thinks fit, and the report of a Board of Inquiry shall be made public in such manner as the Authority directs. (Amended 87 of 1988 s. 8) Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 7

8 (Amended 87 of 1988 ss. 33 & 36) Section: 9 Power of Authority to exempt individual boilers or pressure vessels from provisions of Ordinance (1) An authorized officer may, upon application in writing in that behalf, exempt from any of the provisions of this Ordinance a boiler or pressure vessel to which he is satisfied that such provision cannot reasonably be applied. (2) Any such exemption shall be subject to such conditions as the authorized officer specifies and may be withdrawn at any time. (3) (Repealed 87 of 1988 s. 9) (Amended 87 of 1988 ss. 9 & 33) Section: 10 Power of Authority to exempt classes or types of boiler or pressure vessel from provisions of Ordinance (1) The Authority may by order exempt from any of the provisions of this is Ordinance boilers or pressure vessels of a class or type to which he is satisfied that such provision cannot reasonably be applied. (2) Any such exemption shall be subject to such conditions as may be specified in the order. (3) The Authority may by order cancel or amend any order made under subsection (1). (4) A notification of every order made under this section shall be published in the Gazette. (Amended 87 of 1988 ss. 34 & 36) Part: III REGISTRATION OF BOILERS, PRESSURE VESSELS AND STEAM CONTAINERS Section: 11 (Repealed 67 of 1978 s. 7) Boilers, pressure vessels (other than pressurized fuel containers) and steam containers (Amended 87 of 1988 ss. 32 & 34) Section: 12 (Repealed 67 of 1978 s. 7) Section: 13 Documents to be delivered to Authority in respect of new boilers and pressure vessels The owner of a new boiler or pressure vessel, other than a pressurized fuel container, shall, not less than 30 days before the day on which he intends to put the boiler or pressure vessel into use, deliver to the Authority- (a) one copy of the maker's certificate and one copy of the certificate of inspection during construction issued in respect of the boiler or pressure vessel by a recognized inspection body; or (b) documentary evidence, to the satisfaction of the Authority, that the boiler or pressure vessel complies with a recognized engineering standard or code in respect of- (i) the welders employed and welding procedures used in the construction and erection of and, if repairs have been carried out, in the repairs to, the boiler or pressure vessel; (ii) heat treatment before and after welding; (iii) tests and inspections carried out on the boiler or pressure vessel; and (iv) any other relevant technical details that the Authority may, by notice in writing, specify; or (c) where the owner can deliver neither the documents referred to in paragraph (a) nor the documents referred to in paragraph (b), details of the design and methods of construction, inspection and testing of the boiler or pressure vessel and its auxiliary equipment. (Replaced 87 of 1988 s. 10) Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 8

9 Section: 14 Documents to be delivered to Authority in respect of new steam containers The owner of a new steam container shall, not less than 30 days preceding the day on which he intends to put the same into use, deliver to the Authority in respect thereof- (Amended 67 of 1978 s. 9; 87 of 1988 s. 36) (a) 2 copies of the maker's certificate; or (b) 2 copies of a plan thereof prepared, to the satisfaction of the Authority, by a boiler inspector. (Amended 87 of 1988 s. 35) Section: 15 Documents to be certified by appointed examiner 54 of /07/1997 Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) Every copy of a document that is delivered to the Authority pursuant to section 13 or 14 shall have endorsed thereon a declaration by an appointed examiner that it relates to the boiler or pressure vessel in respect of which it is so delivered. (Amended 67 of 1978 s. 10; 87 of 1988 ss. 33 & 36) (2) Where a copy of a document referred to in subsection (1) is not written in the English or Chinese language it shall be accompanied by an English or Chinese translation. (Added 67 of 1978 s. 10. Amended 54 of 2000 s. 3) Section: 15A Owner of new boiler, pressure vessel etc. to apply for registration The owner of a new boiler, pressure vessel other than a pressurized fuel container, or steam container shall, not later than 30 days preceding the day on which he intends to put the same into use, apply to the Authority in the prescribed form for registration of the same under this Ordinance. (Replaced 67 of 1978 s.11. Amended 87 of 1988 ss. 31, 33 & 36) Section: 16 Registration of boilers and pressure vessels, etc. (1) The Authority shall, upon receipt of the documents required by section 13 or 14, as the case may be, and of an application for registration under section 15A, allot a registration number to the boiler, pressure vessel or steam container and enter particulars of the boiler, pressure vessel or steam container in the appropriate register. (Replaced 67 of 1978 s. 12) (2) The owner of a registered boiler, pressure vessel or steam container shall cause the registration number thereof to be engraved, whether by impression or incision, in a conspicuous position on the boiler, pressure vessel or steam container and to be clearly legible at all times. (Amended 60 of 1967 s. 4) (Amended 87 of 1988 ss. 33 & 36) Section: 17 Authority to be notified of sale or hiring of boilers, etc. (1) The owner of a registered boiler, pressure vessel, other than a pressurized fuel container, or steam container who sells the same or hires it to any person shall, within 7 days of the sale or the agreement for hire, as the case may be, notify the Authority of the name and address of the person to whom the boiler, pressure vessel or steam container, as the case may be, has been sold or hired and, where the boiler, pressure vessel or steam container is not so designed as to be transportable from one place to another, shall also notify the Authority whether or not the sale or hiring has resulted or will result in the removal of the same. (2) The owner of a registered boiler, pressure vessel, other than a pressurized fuel container, or steam container shall, within 7 days of the change, notify the Authority of any change in his address. (Amended 87 of 1988 ss. 31, 33 & 36) Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 9

10 Section: 18 Power of Authority to require details of boilers or pressure vessels to be delivered to him The Authority may, where he considers it necessary to do so for the purpose of enabling him to make an assessment of the maximum permissible working pressure at which a boiler or pressure vessel may be operated, require the owner of the boiler or pressure vessel to deliver to him complete details of the materials used in, and the method of, the construction of the boiler or pressure vessel and its auxiliary equipment and dimensions of all the parts and fittings thereof or of such of those parts and fittings as he specifies. (Amended 67 of 1978 s. 13; 87 of 1988 ss. 33 & 35) Section: 18A Codes of Practice (1) For the purpose of ensuring acceptable standards in the design, manufacture, installation, maintenance, examination, testing and operation of boilers and pressure vessels, the Authority may give advice, either generally in the form of Codes of Practice or particularly in writing, to any person. (2) Failure on the part of any person to observe the provisions of any such Code or to accept any such particular advice shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may, in any proceedings whether civil or criminal and including proceedings for an offence under this Ordinance, be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings. (3) The Authority shall give notice in the Gazette of the publication of any advice given under subsection (1) in the form of a Code of Practice. (Added 87 of 1988 s. 11) Section: 19 Authority to be notified of pressurized fuel containers that are being used Remarks: not yet in operation Pressurized fuel containers (Amended 87 of 1988 s. 32) (1) Within 30 days after a new pressurized fuel container is first put into use, the owner of the pressurized fuel container shall notify the Authority that it has been put into use and of the place at which it is being used and shall also notify the Authority of his address. (2) Within 6 months after the commencement of this section, the owner of an existing pressurized fuel container shall notify the Authority of the place at which it is being used and of his address. (Amended 87 of 1988 ss. 31 & 36) Section: 20 Registration of pressurized fuel containers, etc. Remarks: not yet in operation (1) The Authority shall enter in the register of pressurized fuel containers every pressurized fuel container in respect of which he receives notice under section 19 and may enter in the register any other pressurized fuel container whose existence comes to his notice if the same is being used. (2) The Authority shall allot a registration number to every pressurize fuel container that he enters in the register of pressurized fuel containers an shall, wherever practicable, notify the owner of the pressurized fuel container of the number so allotted. (3) The owner of a pressurized fuel container shall cause the registration number thereof, notified by the Authority under subsection (2), to be engraved, whether by impression or incision, in a conspicuous position on the pressurize fuel container and to be clearly legible at all times. (Replaced 60 of 1967 s. 5) Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 10

11 (Amended 87 of 1988 ss. 31, 32 & 36) Section: 21 Authority to be notified of sale of pressurized fuel container, etc. Remarks: not yet in operation (1) The owner of a registered pressurized fuel container who sells the same shall, within 7 days after the sale, notify the Authority of the name an address of the person to whom it has been sold. (2) The owner of a registered pressurized fuel container shall, within 7 days after the change, notify the Authority of any change in the place at which he is using the pressurized fuel container or in his address. (Amended 87 of 1988 ss. 31 & 36) Part: IV MAINTENANCE AND EXAMINATION OF BOILERS, PRESSURE VESSELS AND STEAM CONTAINERS, AND CONTROL OF USE AND OPERATION THEREOF* Note: * (Amended 87 of 1988 s. 34) Section: 22 Maintenance of boilers and pressure vessels, boiler-houses and fire-fighting appliances, etc. (1) Every boiler and pressure vessel and its auxiliary equipment shall be properly maintained. (Amended 87 of 1988 s. 33) (2) Every steam container shall be so maintained that the outlet therefrom is, at all times, open and free from obstruction. (3) Without prejudice to the generality of the provisions of subsection (1), every fitting and storage tank connected with a fuel burning installation shall be free from defective joints. (4) Every place in which a boiler is situated shall be maintained in a clean condition and free from any waste inflammable material. (5) Every appliance provided in connection with a boiler or its auxiliary equipment for use in combatting an outbreak of fire shall be properly maintained and situated in a readily accessible place. Section: 23 (Repealed 67 of 1978 s. 14) Section: 24 New boilers and pressure vessels to be examined before being put into use (1) Upon completion of the installation of a new boiler or pressure vessel, other than an air receiver, and before the same is put into use, the boiler or pressure vessel and its auxiliary equipment shall be examined by an appointed examiner. (Amended 87 of 1988 s. 12) (2) Every new air receiver, other than a pressurized fuel container, and its fittings and attachments shall be examined by an appointed examiner before it is put into use. (Amended 87 of 1988 s. 31) Section: 25 Boilers and steam receivers to be used in new premises to be examined before being put into use Every boiler or steam receiver that is to be put into use in premises other than those in which it was previously used shall, together with its auxiliary equipment, be examined by an appointed examiner before it is put into use in Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 11

12 such premises. Section: 26 Boilers and pressure vessels to which extensive repairs, etc. have been made to be examined before being again put into use (1) Every boiler or steam receiver in respect of which extensive repairs have been carried out or, save where the same is designed so as to be transportable from one place to another, that has been removed from one part of any premises to another part thereof shall, together with its auxiliary equipment, be examined by an appointed examiner before it is again put into use. (2) Every air receiver, other than a pressurized fuel container, in respect of which extensive repairs have been carried out or, save where the same is designed so as to be transportable from one place to another, that has been removed from one part of any premises to another part thereof shall, together with its fittings and attachments, be examined by an appointed examiner before it is again put into use. (Amended 87 of 1988 s. 31) Section: 27 Periodic examination of boilers and pressure vessels (1) Save as otherwise provided- (a) a boiler, other than a boiler to which paragraph (b) applies, shall be examined by an appointed examiner within 14 months after the date of any certificate of fitness issued in respect thereof; and (b) the following shall be examined by an appointed examiner within 26 months after the date of any certificate of fitness issued in respect thereof- (i) any boiler to which this paragraph applies, in the case of which a period of 21 years has not expired since it was first taken into use; (ii) any air receiver, other than a pressurized fuel container; and (Amended 87 of 1988 s. 31) (iii) any steam receiver. (2) Subsection (1)(b) shall apply to a boiler of any of the following kinds- (a) a water tube boiler of which the drums and any headers are of fusion welded or solid forged construction and which has an evaporative capacity of not less than kilograms of steam per hour; (Amended 67 of 1978 s. 15; 87 of 1988 s. 13) (b) a boiler in a group of water tube boilers of which the drums and any headers are of fusion welded or solid forged construction, being a group in which- (i) each boiler has an evaporative capacity of not less than kilograms of steam per hour; and (ii) the total evaporative capacity of all the boilers is not less than kilograms of steam per hour; and (Amended 67 of 1978 s. 15; 87 of 1988 s. 13) (c) a boiler which is a waste heat boiler or heat exchanger with fusion welded longitudinal and circumferential seams, or a super-heater of fusion welded construction, and which is an integral part of a continuous flow installation in a chemical or oil refinery processing plant. (2A) Where- (a) the Authority is satisfied that a boiler or pressure vessel cannot, because of operational requirements, be shut down for an examination required by subsection (1); and (b) an appointed examiner has examined the boiler or pressure vessel while operating and is satisfied that it could continue to operate safely beyond the period within which the boiler or pressure vessel must be examined under subsection (1), the Authority may, by notice in writing to the owner, extend that period for no more than 6 months and, if he does so, the relevant certificate of fitness shall remain in force until the end of that extended period. (Added 87 of 1988 s. 13) (2B) Where an appointed examiner or authorized officer issuing a certificate of fitness in respect of a boiler or pressure vessel considers that the boiler or pressure vessel should, in the interests of safety, be examined within a shorter period than that specified in subsection (1), he shall notify the Authority of that fact and the Authority may, by endorsement on the certificate, shorten the period. (Added 87 of 1988 s. 13) (3) For the purposes of this section- (a) "boiler" ( 鍋爐 ) and "steam receiver" ( 蒸汽容器 ) include the auxiliary equipment of an such boiler or steam receiver; (b) "air receiver" ( 空氣容器 ) includes the fittings and attachments thereof; Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 12

13 (c) the date of a certificate of fitness shall, where different dates are entered therein in respect of different examinations and tests carried out, be deemed to be the date first in time of such dates. (Replaced 60 of 1967 s. 6) Section: 28 Examination of steam containers (1) Save as provided in subsection (2), every steam container shall be examined by a boiler inspector, in order to ensure that the outlet therefrom is open and free from obstruction, whenever the boiler that supplies steam thereto is examined in accordance with this Ordinance. (2) Every steam container shall be examined by a boiler inspector for the like purpose before it is put into use. Section: 29 Examination of new fuel burning installations and heaters fitted therein, etc. (1) Every new fuel burning installation shall be examined by an appointed examiner before it is put into use. (2) Every new heater fitted in a fuel burning installation shall, before it is put into use, be subjected by an appointed examiner to an hydraulic test, which shall be to not less than twice the maximum pressure to which the heater may be subjected when it is being used. (3) (a) Every pipe that is used for conveying fuel from a pump or gravity tank to the burners in a fuel burning installation and every fitting connected with any such pipe shall be tested by an appointed examiner- (i) in the case of a new such pipe, after the pipe has been jointed and before it is put into use; and (ii) in the case of any such pipe, within 7 days after the Authority so requires. (Amended 87 of 1988 s. 35) (b) Every such test shall be to- (i) twice the maximum pressure to which the fuel system is or will be subjected under normal working conditions; or (ii) the pressure specified in a recognized engineering standard or code. (Amended 87 of 1988 s. 30) Section: 30 Steam or water pipes to be hydraulically tested in certain cases Where- (a) any pipe that conveys or will or may convey oils, steam or water under pressure to or from a boiler, steam receiver or steam container is renewed or is added to a boiler, steam receiver or steam container; or (Amended 87 of 1988 s. 37) (b) extensive repairs or alterations are carried out to any such pipe or to any system of such pipes, the pipe or pipes shall, before being subjected or again subjected, as the case may be, to pressure, be subjected by a boiler inspector to an hydraulic test. (Amended 87 of 1988 s. 14) Section: 31 Periodic examination of pressurized fuel containers Remarks: not yet in operation (1) Every existing pressurized fuel container shall be examined by an appointed examiner within 12 months after the commencement of this section. (2) Every new pressurized fuel container shall be examined by an appointed examiner within 12 months after the date on which it is first put into use. (3) Save as provided in subsections (1) and (2), every pressurized fuel container shall be examined by an appointed examiner within 12 months after the date marked thereon in accordance with this Ordinance as the date on which the last examination thereof was completed. (Amended 87 of 1988 s. 31) Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 13

14 Section: 32 Power of Authority to prohibit use and operation of boiler or pressure vessel in certain cases, and procedure thereafter (1) Where it appears to the Authority that- (a) a boiler or pressure vessel or any of its auxiliary equipment is not, or may not be, in safe working order; (b) a boiler or pressure vessel or any of its auxiliary equipment has not been examined or tested in accordance with this Ordinance or in accordance with a requirement of the Authority made under this Ordinance; (c) a boiler or pressure vessel, other than a pressurized fuel container, is being, or has been, operated at a pressure greater than its maximum permissible working pressure; or (d) the seal attached to a safety valve by an appointed examiner has been broken, or the setting of a safety valve has been altered, by a person who is not an appointed examiner, he may, by notice in writing served upon the owner thereof, prohibit the further use and operation of the boiler or pressure vessel, as the case may be. (2) Every such order in respect of a boiler or pressure vessel, other than a pressurized fuel container, shall continue in force until the boiler or pressure vessel has been examined by an appointed examiner and a certificate of fitness issued by him in respect thereof under section 33 and the Authority has, upon production to him of the certificate of fitness, permitted the use thereof to be resumed, and every such order in respect of a pressurized fuel container shall continue in force until the pressurized fuel container has been examined by an appointed examiner and the examiner has, in the manner provided by section 35, certified that he is satisfied that it is in safe working order. (3) At any time after any such order in respect of a boiler or pressure vessel, other than a pressurized fuel container, has been served, the Authority or an appointed examiner acting under his directions may take such steps as he considers necessary to procure the immediate stoppage of the use and operation of the boiler or pressure vessel to which the order relates. (Amended 87 of 1988 ss. 31, 33 & 35) Section: 33 Issue of certificates of fitness (1) Save as otherwise provided, a certificate of fitness in respect of a boiler or pressure vessel shall be issued- (a) in the case of a boiler, only under the hand of the appointed examiner who examined the boiler when it was under the pressure that will be specified in the certificate of fitness as its maximum permissible working pressure; or (b) in the case of a pressure vessel, only under the hand of the appointed examiner who examined the pressure vessel when it was under the pressure that will be specified in the certificate of fitness as its maximum permissible working pressure or who carried out the pressure accumulation test. (2) (a) Subject to the provisions of subsection (1) and without prejudice to any other provisions of this Ordinance, an appointed examiner may issue a certificate of fitness in respect of a boiler or pressure vessel notwithstanding that every part of the examination in question or every test required by this Ordinance to be carried out during such examination has not been carried out by him if he is satisfied that those parts of the examination in question that have not been carried out by him have been carried out in accordance with this Ordinance and that those tests of the boiler or pressure vessel, as the case may be, or its auxiliary equipment that have not been carried out by him have been carried out in accordance with this Ordinance and that the results thereof were satisfactory. (b) Where, pursuant to paragraph (a), a certificate of fitness is issued by an appointed examiner who has not carried out the whole of the examination of the boiler or pressure vessel or all of the tests thereof, each appointed examiner by whom a part of the examination was carried out or by whom some of the tests were carried out shall enter in the certificate of fitness particulars as to the part of the examination, or as to the tests, that he carried out. (3) Where, upon an examination of a boiler or pressure vessel for the purposes of this Ordinance, the appointed examiner- (a) who has carried out the examination in accordance with this Ordinance and has carried out such tests of the boiler or pressure vessel or its auxiliary equipment as are required by this Ordinance to be carried out; or Cap 56 - BOILERS AND PRESSURE VESSELS ORDINANCE 14