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(b)
(c)
(d)
(e)
To introduce a new clause to reflect that offices in prescribed commercial premises, e.g. offices in banks, will not be covered by the Bill if they are separated by a fire resistant wall, floor or ceiling from the area to which members of the public generally have access and they have a separate means of escape.
To address members' concern about the concept of reasonableness for compliance with a fire safety direction, a new sub-clause will be added to explain what constitutes a "reasonable excuse". This includes factors mainly relating to the structural integrity of the building and the technology available to carry out the necessary improvements.
To specify the versions of the four Codes of Practice that can be applied to premises that are covered by the Bill, i.e. the Code of Practice for Minimum Fire Service Installations and Equipment 1994; the Code of Practice for the Provision of Means of Escape in Case of Fire 1996; the Code of Practice for Fire Resisting Construction 1996; and the Code of Practice for Means of Access for Firefighting and Rescue 1995. It is also stipulated that any substituted or amended code in future would apply to premises only after the passing of a resolution by the LegCo. This would address a concern expressed by members of the Bills Committee that owners who had upgraded their fire safety measures to the current standard would be required to carry out a further upgrading soon afterwards because of the issue of a substituted or amended Code of Practice.
To state clearly in the Bill that only jewellery and goldsmith shops with a security area would be covered by the legislation. As discussed in the Bills Committee, the fire risk is less in those jewellery and goldsmith shops that do not have a security partition that segregates a part of the premises from the part to which members of the public normally have
access.
In addition to the proposed committee stage amendments, we have also discussed the implementation of the legislation. It was proposed that the legislation would be implemented in stages. The 500 prescribed commercial premises without sprinkler installation as identified by FSD in a survey conducted in 1995 would be included in our first phase of implementation. The next phase will include prescribed premises completed before 1980. The third phase will include prescribed premises completed between 1980 to 1990 and phase four include those premises completed after 1990. Requirements to carry out fire safety improvements to prescribed commercial premises completed in recent years will therefore not be imposed in the immediate future. However, if particular premises are found to be at a high risk of fire, enforcement action will be taken immediately without reference to the age of the premises.