LCQ2: Enhancing fire safety of old buildings
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Question:
As at the end of April last year, 8 730 and 8 843 buildings had yet to comply with the Fire Safety Directions (the Directions) issued respectively by the Hong Kong Fire Services Department (FSD) and the Buildings Department (BD) on carrying out specified fire safety improvement works (improvement works). On the other hand, the Government plans to amend the Fire Safety (Buildings) Ordinance to empower the BD and FSD to carry out improvement works for owners of old buildings who have failed to comply with the requirements of the Ordinance (including complying with the Directions) (default works), and to recover relevant fees from such owners. In this connection, will the Government inform this Council:
(1) whether it will consider carrying out free inspections and assessments for buildings which have received the Directions, and allowing the owners concerned to adopt an approach of "dealing with simple tasks first before dealing with difficult ones" in carrying out the improvement works (e.g. first installing simple equipment such as emergency lighting systems and fire extinguishers), as well as setting a compliance deadline that allows ample time for carrying out more complicated improvement works; if so, of the details; if not, the reasons for that;
(2) whether it will establish a clear tendering system for the default works, increase the transparency of the charges, and ensure that the works will be carried out at market prices, as well as let the owners concerned know the costs of the works and the administrative fees before commencement of the works; if so, of the details; if not, the reasons for that; and
(3) whether it will extend the existing arrangement of installing improvised hose reel systems, which is applicable to old buildings of three storeys or less, to those old buildings of four to eight storeys, so as to reduce the costs of works and resolve technical difficulties, ownership problems, etc in the installation of fire service water tanks and pumps; if so, of the details; if not, the reasons for that?
Reply:
President,
Fire safety in buildings is a matter of great concern to the public. It is the Government's goal to provide residents with better protection by enhancing fire safety in buildings, especially the old ones, and that was what led to the enactment of the Fire Safety (Buildings) Ordinance (hereafter referred to as Ordinance) in the first place.
The Ordinance, which came into operation in 2007, stipulates that about 13 500 composite and domestic buildings across the territory constructed in or before 1987 (hereafter referred to as "target buildings") must be enhanced to meet modern fire protection requirements. The Fire Services Department (FSD) and the Buildings Department (BD) will conduct inspections and issue to owners and/or occupiers Fire Safety Directions (hereafter referred to as Directions) that specify the fire safety improvement works required. As of end-October 2022, the two Departments (hereafter referred to as the enforcement authorities, "EAs") completed the inspection of about 10 470 target buildings and issued over 333 750 Directions, about 60 per cent of which are yet to be complied with.
My reply to the question raised by the Member is as follows:
(1) From the perspective of fire safety, only by carrying out the fire safety improvement works as required by the EAs in a holistic manner to improve fire service installations and fire safety construction of buildings will fire safety standards of buildings be enhanced effectively. This is also the policy objective of the Government. Carrying out of works in buildings in a "piecemeal" manner cannot effectively enhance the overall fire safety of old buildings. We understand that building owners require time to co-ordinate for and carry out the fire safety improvement works, including arranging investigation and assessment subsequent to the receipt of Directions. In this connection, the EAs normally give building owners one year to comply with the Directions. The EAs will, on the premise that basic fire safety will not be compromised, adopt a flexible and pragmatic approach in handling individual cases. If the owners need more time to prepare for and carry out the works, we will consider their applications for extending the compliance period of the Directions in the light of the justifications provided in their applications and/or the scale of works involved.
(2) The Government has adopted a multi-pronged approach to providing support to old building owners. Nevertheless, some owners may still have difficulties in carrying out the works due to reasons such as the lack of technical knowledge or co-ordination capability. The Government agrees that there is a need to take into account the BD's experience in the work of building safety and the similar mechanism under the Buildings Ordinance, to amend the Ordinance in order to empower the EAs to carry out fire safety improvement works for owners of target buildings who have failed to comply with the Ordinance (hereafter referred to as "default works"), and to recover the relevant fees from such owners upon completion of the works.
In July 2022, the Government listened to the views of the Panel on Security of the Legislative Council and commenced a public consultation. The views we collected generally supported the Government's legislative amendments proposal with a view to enhancing the fire safety of target buildings holistically.
When formulating the default works mechanism, the EAs will draw reference from the BD's experiences, act in accordance with the Government's tendering system which is clear, open and fair. Specifically, the requirements under the Government's Stores and Procurement Regulations will be followed in the formulation of appropriate assessment criteria, such as price reasonableness, technical proposal and past performance, etc for consideration and approval; and the appointment of contract consultants and government-approved contractors to carry out the default works for owners will be made through a tender process, ensuring the maintenance of cost effectiveness, transparency, equity and fairness in the selection of consultants/contractors.
Following the completion of investigation and assessment on the default works by the contract consultants appointed by the EAs, the EAs may make available to the building owners concerned the initial proposal and preliminary total cost estimate (including costs of works, other relevant fees including supervision charges and surcharge of not exceeding 20 per cent on the afore-mentioned costs) for the default works.
If building owners arrange fire safety improvement works themselves, they can make reference to the reference unit rate of typical works items listed on the website of the Urban Renewal Authority.
(3) The EAs understand that owners of individual old buildings may encounter difficulties in complying with the Directions due to structural or spatial constraints or other reasons. As such, the EAs have adopted a flexible and pragmatic approach in handling individual cases on the premise that basic fire safety will not be compromised, and have put in place an array of facilitation measures. The FSD has launched the "improvised hose reel systems (direct-feed type)" which allows buildings of three or fewer storeys to have their fire services systems operating on direct water supply from government mains (commonly known as "town mains"). Besides, the capacity requirement for fire services water tanks of most four to six-storey buildings has been lowered from 2 000 litres to 500 litres whilst that of most buildings of seven or more storeys has also been lowered from 9 000 litres to 4 500 litres, having regard to the structures and geographical locations of the buildings. The BD has also amended the Building (Minor Works) Regulation, allowing owners to, amongst others, erect small water tanks according to the simplified requirements and procedures under the Minor Works Control System. The FSD has also been actively exploring more facilitation measures, including working with the Water Supplies Department to expand the use of the "improvised hose reel systems (direct-feed type)" to four to six-storey buildings where installation of water tanks is unfeasible due to structural or spatial constraints or other reasons. The FSD is now taking a step further to study the feasibility of applying the concept of the above-mentioned system on seven to 12-storey buildings such that installation of fire services water tanks will not be required, with a view to facilitating target buildings to tackle challenges arising from technical or spatial constraints or other reasons.
We have also been proactively rendering assistances to old building owners on other aspects. On the financial front, the Government, in partnership with the Urban Renewal Authority, has announced the launch of the third round of Fire Safety Improvement Works Subsidy Scheme, which will accept applications from April this year, to assist more owners in need to carry out the works. On co-ordination among owners, the Government has a series of measures in place to assist the owners in forming owners' corporations and advise them on building management matters, and more.
It is the responsibility of owners to timely repair and properly maintain private buildings, including carrying out the fire safety improvement works. The Government will only, under exceptional circumstances, carry out default works for buildings which do not comply with the Ordinance. Our objective is to assist owners in complying with the Ordinance by adopting a multi-pronged approach. In tandem with the work to improve the Ordinance, the Government will continue to strive to improve fire safety standard through providing financial, technical and co-ordination support, as well as taking enforcement actions, and more, with a view to creating a safe living environment for the community.
Thank you, President.
Ends/Wednesday, January 18, 2023
Issued at HKT 15:00
Issued at HKT 15:00
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