### Fire Safety (Industrial Buildings) Ordinance 《消防安全(工業建築物)條例》

5. Directing owner to comply with fire safety requirement
(1) If a building has only 1 owner, an enforcement authority may issue and serve on the owner a fire safety direction to direct the owner to comply with a fire safety requirement for the building.
(2) If a building has more than one owner and each owner has the right to exclusively occupy a part of it, an enforcement authority may issue and serve on any of the owners a fire safety direction to direct the owner to comply with a fire safety requirement for—
(a) the part of the building that the owner has the right to exclusively occupy; or
(b) a part of the building that none of the owners has the right to exclusively occupy.
(3) If different owners of a building have the right to exclusively occupy different parts of the building, then in order to integrate fire service installations or equipment among those parts, a fire safety direction may include a direction to any of the owners to provide the relevant connections, or other forms of integration, for the installations or equipment.
(4) Moreover, in order to integrate fire service installations or equipment between—
(a) a part of a building that an owner of the building has the right to exclusively occupy; and
(b) a part of the building that none of the owners of the building has the right to exclusively occupy,
a fire safety direction may include a direction to the owners concerned to provide the relevant connections, or other forms of integration, for the installations or equipment.

6. Directing occupier to comply with fire safety requirement
An enforcement authority may issue and serve on the occupier of a building or a part of a building a fire safety direction to direct the occupier to comply with a fire safety requirement for the building or part.

7. Directing other appropriate measures
If an enforcement authority considers that it would be unreasonable to direct the owner or occupier of a building or a part of a building to comply with a fire safety requirement having regard to—
(a) the structural integrity of the building or part;
(b) the technology available to comply with the requirement; or
(c) any other relevant factors,
the authority may issue and serve on the owner or occupier a fire safety direction to direct the owner or occupier to take other measures the authority considers appropriate instead of complying with the requirement.

8. Fire safety direction: general requirements
(1) A fire safety direction must be in writing.
(2) A fire safety direction must specify the time limit for compliance with it.
(3) The time limit must allow reasonable time for compliance.

9. Amending or withdrawing fire safety direction
An enforcement authority that has issued a fire safety direction may from time to time amend or withdraw it by written notice.

### Fire Safety (Industrial Buildings) Ordinance 《消防安全(工業建築物)條例》

10. When fire safety direction ceases to be in force
A fire safety direction for a building or a part of a building ceases to be in force if—
(a) a certificate of compliance is issued for the building or part;
(b) the enforcement authority withdraws the direction under section 9; or
(c) the direction is replaced by a fire safety compliance order.

11. Not complying with fire safety direction is offence
(1) An owner or occupier of a building or a part of a building who, without reasonable excuse, fails to comply with a fire safety direction for the building or part commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction—
(a) to a fine at level 4; and
(b) to a further fine of $2,500 for each day (or part of a day) during which the failure continues after the expiry of the time limit for complying with the fire safety direction.
(3) The reasonable excuse referred to in subsection (1) includes, but is not limited to, it not being reasonable to expect the owner or occupier to comply with the direction during the time for complying with it—
(a) because compliance would pose a risk of prejudicially affecting the structural integrity of the building or part; or
(b) because the technology required for compliance is not reasonably available.

12. Advisory committee
(1) An enforcement authority may set up an advisory committee to advise the authority on—
(a) whether to direct the owner or occupier of a building or a part of a building to take other appropriate measures under section 7; and
(b) if so—what measures would be appropriate.
(2) Members of an advisory committee must be persons with relevant expertise whom the enforcement authority considers appropriate.
(3) Only the enforcement authority may refer a case to an advisory committee for advice.
(4) An advisory committee may by written notice invite representations from the owner or occupier, and consider them before advising on a case.
(5) If an advisory committee has advised on a case, the enforcement authority must consider the advice.

13. Magistrate may make fire safety compliance order
(1) A magistrate who finds an owner or occupier guilty of an offence under section 11(1) for failing to comply with a fire safety direction may, on the application of the enforcement authority, make a fire safety compliance order to order the owner or occupier to comply with any requirement or measure specified in the direction.
(2) The owner or occupier is entitled to be heard at the hearing of the application.
(3) A fire safety compliance order must specify the time limit for compliance with it.
(4) The time limit must allow reasonable time for compliance.
(5) A fire safety compliance order replaces the fire safety direction.

### Fire Safety (Industrial Buildings) Ordinance 《消防安全(工業建築物)條例》

14. Varying or revoking fire safety compliance order
(1) If a magistrate makes a fire safety compliance order against an owner or occupier, the magistrate may vary or make an order revoking the fire safety compliance order on the application of the enforcement authority or the owner or occupier.
(2) The enforcement authority and the owner or occupier are entitled to be heard at the hearing of the application.

15. When fire safety compliance order ceases to be in force
(1) A fire safety compliance order for a building or a part of a building ceases to be in force if—
(a) a certificate of compliance is issued for the building or part; or
(b) the magistrate revokes the order under section 14.
(2) If subsection (1)(a) applies, the enforcement authority must as soon as practicable—
(a) give written notification to the magistrate’s clerk that a certificate of compliance has been issued; and
(b) serve on the owner or occupier a copy of the notification.

16. Not complying with fire safety compliance order is offence
(1) An owner or occupier of a building or a part of a building who fails to comply with a fire safety compliance order for the building or part commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction—
(a) to a fine at level 5; and
(b) to a further fine of $5,000 for each day (or part of a day) during which the failure continues after the expiry of the time limit for complying with the fire safety compliance order.

17. Applying for prohibition order
(1) An enforcement authority may apply to the District Court for a prohibition order for a building or a part of a building if the authority considers that a requirement or measure specified in a fire safety direction, or in a fire safety compliance order, for the building or part has not been complied with by an owner or occupier of the building or part.
(2) An application may only be made after the expiry of the time limit for complying with the fire safety direction or the fire safety compliance order.
(3) An enforcement authority must give at least 7 days’ notice to the owner or occupier before making the application.
(4) As soon as practicable after giving notice under subsection (3), the enforcement authority must post a copy of the notice at a conspicuous place—
(a) inside the building or part; or
(b) at, or in the immediate vicinity of, each entrance to the building or part.