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BUILDING (ADMINISTRATION) REGULATIONS, 1956
Explanatory Note.
This Note is not part of the regulations but is intended to indicate their general purport).
INTRODUCTORY.
The subsidiary Building legislation is divided into three gote of regulations: Administration, Planning, and Construction. They have been split up in this way to make it easier to add to and amend them as the need arisen. Their arrangement suggested itself as the natural chronological one from the architects' point of view, since he and the contractor will work their way from 'administration' to 'construction' as they carry out each new job.
Much reference has been made to, and much material taken from the London County Council Building By-laws and the Model By-laws Series IV. Buildings. British Standard Specifications and British Standard Codes of Practice have been cited in the regulations only where essential. It has been decided that brand directions and re- ference to Speciflcations and Codes are not really suitable for Hong Kong, and that what is required are detailed regulations in the nature of "rules of thumb”, regulations permitting design by calculation and a few regula- tions allowing designs based on Codes of Practice. In setting these minimum requirements it has been borne in mind that the Building Authority will at all times have powers to grant exemptions under vection 29 of the Buildings Ordinance, 1955, a discretionary power which is fettered by the prohibition on ita nae to the prejudice of the standards of structural stability and public health established by these regulations. In this way it is hoped both to ensure a standard of maximum safety and give Aexibility which will allow scope to the architeet. These are building regulations in a literal senge. Thus the rules by which it is hoped to establish those standards are not concerned primarily with such matters ea town planning or the private rights of adjoining property owners for which legislation already exists. For example, the height and shape of new buildings are controlled by rules whose aim is to ensure that they will be well lit and ventilated without turning our streets into dark canyons.
Part II-Authorized Architects.
The regulations in this l'art deal more fully with authorized architects than was done in the former Buildings Ordinance (sections 187 and 181). Whereas formerly the Governor in Council had the discretion sa to whom to add to the list of authorized architects, the necessary qualifications are now fully set out in regulation 4. It will be noted that the class of person entitled to become an authorized architect includes those who do not belong to any professional body which bind their corporate members to a code of professional conduct; for this reason it was thought necessary to write into the regulations that part of the architects pro- fessional code which forbide him "to act as a contractor or deal in building materials or receive any payment, commission, advantage or benefit of any nature or kind either directly or indirectly from any contractor (regulation 7(8)). The duties of the architect, which are described in more general terms in section 4 of the Buildings Ordinance, 1955, are further expanded in ragulation 7. He becomes responsible not only for the plans which he is required to submit on behalf of the building owner, but also for the work of construction itself and under paragraph 5 is
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BUILDING (ADMINISTRATION) REGULATIONS, 1956
required "to give such periodical supervision and inspection as may be necessary to ensure that the works are being executed in general accordance with the Building Regulations". If after the completion of the building works more than one inspection by the Building Authorities staff is made necessary “elther by faulty or defective work or by incorrect information" he is required to pay a fee for such additional inspection.
in the same way he is required to pay a fee where he has to submit fresh plans by reason of the errors in his original plans (regulation 1440) In Part IV) In the lutter case the fee not only pays for the additional work done by the staff of the Building Authority but will, it is hoped, deter the architect who does not lake sufficient care to ensure that the plans, details and calculations, submitted by him to the Building Authority, comply fully with the provisions of the regulations.
Part III-Registered Contractora.
The provisions of this Part are intended to bring home to an place on contractors, their share of the reaponsibility for carrying out building works in accordance with the reguisitions and in a workmanlike klarer. Regulation 13 deals with registered contrastorn on similar terma to architects with regard to their duties, but in the case of a contractor bis duly is to “give continuous supurvision to the building works": is also required to sign an undertaking which is an assumption by him of responsibility for the strict compliance with the regulations.
Puri JP-Plane and Notices,
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The plnos required to be submitted by the authorized architect under these regulations are the medium through which the Building Authority exercises his initial control. The detailed requirements are set out in regulation 16. These plane are required to be signed by the authorized architect, and the Building Authority may refuse speculative plaws put in by several architects in respect of the some premises. The requirement that they be submitted in triplicate (16(1)) is designed to spœÍ the administrative process since several departmenta of Government may need to study these plans. As is the case with the Building Authority'a general consent under section 9 of the Ordinance, his approval of plans is not to be taken as an acknowledgment that such plans comply with lease conditions or with the requirements of any other authority" (regulation 22(1)). The various notices required to be given to the Building Authority by the building owner, authorized architect and registered contractor are set out in regulation 24. These notices enable the Building Authority to exercise what may be called his secondary control, namely inspection with Buch subsequent orders to stop werk, alter or demolish the building as may be found necessary (sections 13 to 15 of the Ordinance).
Part V-Feers.
The various fees payable under the Buildings legislation are collected in this Part. The fees for the registration of architects and contractors (items 1 and 2) are the sane na those payable by a doctor for his registration. This fee was fixed by taking into account that in addition the architect pays an annual $50 fee under the Stamp Ordinance (Cap. 117). The fee of $200 for the permit to erect a balcony over a street (Item 3) is in- tended to cover Government's expenses in paving and maintaining that por- tion of the public footpath under the balcony out to the inside edge of the
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