LCQ4: Safety of demolition works

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Following is a question by the Hon Yeung Sum and a reply by the Secretary for Planning and Lands, Mr Gordon Siu, in the Legislative Council today (April 12):

Question

Last month, a canopy collapsed in the course of the works to demolish unauthorized structures of a building, causing injuries to a number of passers-by. In this connection, will the Government inform this Council:

(a) whether existing legislation stipulates that when carrying out works to demolish unauthorized structures as ordered by the authorities, the owner must engage registered specialist contractors or authorized persons to take charge of the works concerned; if not, of the reasons for that;

(b) whether, for the sake of safeguarding public safety, it will consider extending the application of the Building (Demolition Works) Regulations to cover demolition works in respect of unauthorized structures on external walls and rooftops; if so, of the implementation schedule; if not, the reasons for that; and

Madam President,

There is a duty of care under the Buildings Ordinance (Cap. 123) for all those involved in building works, including demolition works, to perform the works in a competent and safe manner. If they perform the work in an unsafe manner, they are liable to prosecution under section 40(2B) of the Buildings Ordinance and subject to a fine of $250,000 and to imprisonment for three years. They may also incur civil liability.

Regarding unauthorized building works (UBWs), the Building Authority (BA) may issue an Order under section 24 of the Buildings Ordinance on owners of such works requiring their demolition.

If, in the professional opinion of the BA, these demolition works are, or appear to be, substantial or significant in scope, then the BA would require the owners to appoint an Authorized Person (AP) or a Registered Structural Engineer (RSE) to supervise the demolition works and to employ a registered specialist contractor to do the works. Demolition works will be considered substantial or significant if the demolition could give rise to concerns for the structural integrity of the building; for instance, works involving beams, columns, slabs or structural walls. In those cases the provisions of the Building (Demolition Works) Regulations apply and the AP/RSE must prepare a Demolition Plan and have it approved by the BA before demolition begins.

However, some demolition Orders are for the removal of works not affecting the structure of the building: such as for the demolition of metal cages, flower racks and light canopies. In these instances, owners are advised to carry out the works by a specified date and the owners are not required to engage the services of APs/RSEs or registered specialist contractors. Nevertheless, the contractors whom the owners engage are still subject to section 40(2B) of the Buildings Ordinance and have the duty of care to perform the works in a competent and safe manner.

Following the incident last month, the BA has issued guidelines for contractors for minor demolition works where the contractors are not required to be supervised by APs or RSEs. These guidelines make it clear that the demolition works should be carried out in a safe manner by technically competent and experienced workers. General guidance is given on : precautionary measures to ensure the safety of workers and passers-by when undertaking demolition works at a height; the conduct of a general survey of the works to be demolished and the protective measures such as temporary support of the UBWs, catch-fans, etc which may be necessary; the sequence in which demolition should occur and precautions to take against overloading of surfaces by demolition debris. Guidance is given on the steps to be taken in undertaking demolition of typical UBW structures, such as canopies and roof-top structures. Guidelines are also provided on the use of double scaffolding to provide for public safety when working on external walls. These guidelines are being distributed through the Hong Kong Construction Association Ltd., Home Affairs Department's Building Management Resource Centres and public enquiry centres, and are freely available at the Buildings Department. In addition, officers of the Buildings Department will hand out copies of the guidelines to building managers or owners incorporations in the course of their work. The guidelines will also be attached to the advice given to owners in receipt of demolition Orders.

To enhance the quality of buildings work and demolition work, the Buildings Department is giving consideration to the registration of minor work contractors. This has been discussed and supported by the Working Group on Built Quality, chaired by the Director of Buildings and comprising representatives from the building industry. Registration will help advance the quality of our building contractors and of the work they undertake. At the same time, in consultation with the industry and training organizations, such as the Construction Industry Training Authority, we are considering improvements to training on demolition works for technicians and workers doing such work.

It is our common responsibility as home owners, employers, buildings professionals and technicians, contractors and workers to ensure safe demolition works. As the regulator for the building industry, the BA will continue working with the industry to achieve this aim of safe demolition works. To prevent the recurrence of similar incidents like the one happened last month, it is most important for contractors and workers undertaking demolition works to exercise their professional knowledge and to follow the ethic. While carrying out these works, they should take extra care to avoid hurting the workers, residents and passers-by.

Thank you.

End/Wednesday, April 12, 2000

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