### Gas Safety (Gas Supply) Regulations 《氣體安全 (氣體供應)規例》

1. Citation
(E.R. 5 of 2022)(1) These regulations may be cited as the Gas Safety (Gas Supply) Regulations.
(2) (Omitted as spent—E.R. 5 of 2022)

2. Interpretation
(1) In these regulations, unless the context otherwise requires—
approved plans (批准圖則), in relation to construction work which has construction approval, means the plans, including any modifications thereto, specified in a notice under regulation 5(1)(a) or (b) as the plans in accordance with which the construction work shall be carried out;
cargo compartment (載貨間), in relation to a cylinder wagon, means that part of the wagon which is used to carry cylinders;
construction approval (建造批准) means the approval under regulation 5(1)(a) or (b) of construction work;
construction work (建造工程) means work in connection with the erection, relocation or major alteration of a notifiable gas installation, or major repairs of a structural nature to a notifiable gas installation;
direct-fired vaporiser (明火直熱式汽化器) means a vaporiser which burns liquefied petroleum gas or other fuel to provide heat directly to that part of the vaporiser through which liquefied petroleum gas flows;
equipment (設備), in relation to a gas vehicle, includes fittings and accessories;
fill (注入), in relation to a container, includes refill;
fixed maximum level device (固定式最高液位計) means a device fitted to a tank for the purpose of ascertaining whether the amount of liquefied petroleum gas in the tank is more than the safe filling capacity of the tank;
flexible gas tubing (氣體接駁軟喉) means flexible gas tubing within the meaning of the Gas Safety (Miscellaneous) Regulations (Cap. 51 sub. leg. F); (E.R. 5 of 2022)
high pressure (高壓) means a pressure of more than 700 kPa;
intermediate pressure (次高壓) means a pressure of more than 240 kPa but not more than 700 kPa;
label (標籤) means a label issued under regulation 34;
liquefied petroleum gas storage installation (石油氣儲存裝置) means a gas installation as described in paragraph (f) of the definition of notifiable gas installation

### Gas Safety (Gas Supply) Regulations 《氣體安全 (氣體供應)規例》

3. No person to construct, etc. notifiable gas installation unless construction approval, etc. has been obtained
(1) No person shall—
(a) carry out any construction work unless such work has construction approval; or
(b) use any notifiable gas installation to which any construction approval relates unless the use of such installation is approved under regulation 6.
(2) No person shall supply gas to a notifiable gas installation where he knows, or ought reasonably to know, that—
(a) construction work has been carried out on it; or
(b) it is being used,
in contravention of subregulation (1).
(3) For the avoidance of doubt, it is hereby declared that the erection of a notifiable gas installation which is a store includes placing any container or containers in the place which is or is to be the store, and whether or not—
(a) the container or containers, as the case may be, are—
(i) placed in any premises or part of any premises;
(ii) owned by one or more persons;
(b) any other construction work has been carried out in relation to the store. (L.N. 462 of 1995)
(4) For the avoidance of doubt, it is hereby declared that the definition of container in section 2 of the Ordinance shall apply for the purposes of subregulation (3). (L.N. 462 of 1995)

4. Application for construction approval
(1) The person who proposes to carry out construction work may make an application to the Authority for construction approval of the construction work, including modifications of construction work for which construction approval has already been given.
(2) An application under subregulation (1) shall be—
(a) in the approved form; and
(b) accompanied by—
(i) a written statement as to the purpose of the notifiable gas installation to which the application relates;
(ii) the prescribed fee;
(iii) 2 copies of all plans relating to the installation, including—
(A) a plan showing the siting of the installation; and
(B) a plan showing details of the environment surrounding the installation; and
(iv) a written statement setting out particulars of all buildings, containers, machinery, plant and equipment to form part of, or to be used in connection with, the installation.
(3) The Authority may, by notice in writing served on a person who has made an application under subregulation (1), require the person to furnish him with—
(a) 2 copies of all such plans as are specified in the notice, being plans in addition to those specified under subregulation (2)(b)(iii); or
(b) such particulars as are specified in the notice,
being plans and particulars which the Authority thinks necessary for determining the application under regulation 5.

### Gas Safety (Gas Supply) Regulations 《氣體安全 (氣體供應)規例》

6. Approval of use of notifiable gas installation
(1) Where a person who has been granted construction approval of construction work is of the opinion that the construction work has been completed in accordance with that construction approval, he may, by notice served on the Authority and accompanied by the prescribed fee—
(a) state that he is of that opinion; and
(b) request the Authority to approve the use of the notifiable gas installation concerned.
(2) Where the Authority is served a notice under subregulation (1) by a person he shall, not later than 14 working days after such service—
(a) inspect the notifiable gas installation concerned; and
(b) if, after such inspection—
(i) he is of the same opinion as that stated in that notice, by notice served on that person approve the use of that installation subject to such conditions, if any, as he thinks fit; and
(ii) he is not of that opinion, by notice served on that person refuse to approve the use of that installation.
(3) Where the Authority—
(a) approves the use of a notifiable gas installation subject to conditions; or
(b) refuses to approve the use of a notifiable gas installation,
he shall specify in the notice under subregulation (2) of such approval, or refusal to approve, the use of the notifiable gas installation, his reasons for the imposition of the conditions or the refusal, as the case may be.

6A. Application
This Part applies to a notifiable gas installation whether or not it was constructed before, on or after the commencement* of this Part.

Editorial Note:
* Commencement date: 24 May 1996.

6B. General duty of owner of notifiable gas installation to maintain, etc. installation in safe condition
Without prejudice to the operation of any other provisions of these regulations in relation to a notifiable gas installation (howsoever described), the owner of the installation shall maintain and operate the installation in a safe condition for the prevention of fire, explosion or other danger arising from the installation.

### Gas Safety (Gas Supply) Regulations 《氣體安全 (氣體供應)規例》

6C. Inspections to be carried out by owner of notifiable gas installation
(1) The Authority may, by notice in the Gazette, specify—
(a) the inspections which the owner of a notifiable gas installation specified in the notice, or belonging to a class of notifiable gas installations specified in the notice, shall carry out on the installation to ascertain whether the installation is maintained and operated in accordance with regulation 6B;
(b) the intervals at which, or the circumstances in which, such inspections shall be carried out;
(c) the written records which shall be kept of such inspections by such owners and the periods for which any such records shall be retained by such owners;
(d) the copies of any such records to be submitted to the Authority by such owners and the periods within which any such records are to be so submitted after they have been made.
(2) The owner of a notifiable gas installation shall—
(a) comply with the requirements of any notice under subregulation (1) applicable to him;
(b) if required to carry out any inspection specified in the notice, ensure that the inspection is carried out by—
(i) a person who is competent, by virtue of his training and substantial practical experience, to carry out that inspection; or
(ii) a person who is under the supervision of a person referred to in subparagraph (i).