Fire Service (Installation Contractors) Regulations
[1 June 1972] L.N. 56 of 1972
(Format changes—E.R. 7 of 2020)
These regulations may be cited as the Fire Service (Installation Contractors) Regulations.
In these regulations, unless the context otherwise requires—
applicant (申請人) means a person, company or firm that has applied for registration as a fire service installation contractor under regulation 3(1) or (1A); (L.N. 263 of 1986) class (級別) means a class specified in regulation 4; interview (面試), for the purposes of regulation 4(4), includes a practical test and interviewing (進行面試) shall be construed accordingly; (L.N. 263 of 1986) portable equipment (手提設備) means any fire service equipment which is manufactured, used or designed to be used as an independent unit for the purpose of extinguishing, attacking, preventing or limiting a fire; register (註冊紀錄冊) means any register kept under regulation 5, and registered (註冊) in relation to a name or address means the name or address entered in the register; (L.N. 268 of 1978; L.N. 263 of 1986) registered contractor (註冊承辦商) means a fire service installation contractor registered under these regulations; (L.N. 263 of 1986) workshop (工場) means a workshop the address of which has been forwarded to the Director under regulation 3(2)(b) or notified to him under regulation 4C(1) and used by a registered contractor for the purpose of these regulations. (L.N. 263 of 1986)Any person, or any company or firm having at least a director, partner or employee, as the case may be, who is—
21 years of age or more;
resident in Hong Kong; and
holding the qualifications specified in regulation 4(2) or (3),
may apply to the Director in Form 1 in the First Schedule for registration as a fire service installation contractor in class 1 or class 2, or in classes 1 and 2. (L.N. 263 of 1986)
Any person, who is 21 years of age or more and resident in Hong Kong, may apply to the Director in Form 2 in the First Schedule for registration as a fire service installation contractor in class 3 and the Director shall notify him of the day fixed for a written examination or interview for the purposes of regulation 4(4) and for a workshop inspection for the purposes of regulation 3(4)(d). (L.N. 263 of 1986)
An applicant shall forward with an application under paragraph (1) or (1A)—
a list of equipment owned by the applicant for use in the installation, maintenance, inspection or repair of fire service installation or equipment; and
the address of every workshop to be used by the applicant as a fire service installation contractor,
and, subject to regulations 4A and 4B, shall pay to the Director the appropriate fee or fees in accordance with the Second Schedule for registration in class 1 or class 2, or in classes 1 and 2 or for the purposes of a written examination, interview and workshop inspection for registration in class 3, as the case may be. (L.N. 263 of 1986)
An applicant seeking registration by virtue of the qualifications of an employee shall indicate whether such employee is at the same time employed by another registered contractor.
As soon as practicable after the receipt of an application under paragraph (1) or (1A), the Director shall determine if the applicant is fit to be registered as a fire service installation contractor in the class or classes specified in the application—
in the case of an application under paragraph (1)(a), by satisfying himself as to the evidence produced in accordance with regulation 4(2) or (3), as the case may be, relating to the applicant; or
in the case of an application under paragraph (1)(b) or (c), by satisfying himself as to the evidence produced in accordance with regulation 4(2) or (3), as the case may be, relating to the director or directors, employee or employees, or partner or partners, of the applicant; or
in the case of an application under paragraph (1A), by examining and interviewing the applicant in accordance with regulation 4(4); and
subject to paragraph (4A), by inspecting every workshop of the applicant the address of which is forwarded with the application under paragraph (2)(b). (L.N. 263 of 1986)
If the Director is not satisfied with the workshop of an applicant inspected under paragraph (4)(d) the Director shall notify the applicant that a re-inspection of that workshop is required and on such notification the applicant shall pay to the Director the appropriate fee in accordance with the Second Schedule. (L.N. 263 of 1986)
In the case of an applicant seeking registration by virtue of the qualifications of an employee who is at the same time employed by another registered contractor, the Director may refuse the application unless he is satisfied that the employee is capable of giving to the applicant sufficient assistance to enable him to discharge his duties as a registered contractor.
Persons authorized to sign a certificate issued under regulation 9 of the Fire Service (Installations and Equipment) Regulations (Cap. 95 sub. leg. B) shall be— (E.R. 7 of 2020)
in the case of a company which is a registered contractor such director, employee or other officer of such company as the company may appoint;
in the case of a firm which is a registered contractor—
one of the partners thereof; or
an employee or partner authorized by the firm to sign certificates when the partner responsible for signing under sub-subparagraph (i) is for any reason unable to sign; and
in any other case, the registered contractor.
The registered contractor shall within 14 days of registration notify the Director in writing of the names, status and specimen signatures of persons authorized to sign certificates under paragraph (1).
The classes of registered contractors shall be—
Class 1: Registered contractors who are fit to install, maintain, repair and inspect any fire service installation or equipment (other than portable equipment) which contains an electrical circuit or other apparatus for the detection and warning, by alarm or otherwise, of smoke or fire.
Class 2: Registered contractors who are fit to install, maintain, repair and inspect any fire service installation or equipment (other than portable equipment) which contains—
pipes and fittings designed or adapted to carry water or some other fire extinguishing medium; or
any type of electrical apparatus other than those specified in class 1.
Class 3: Registered contractors who are fit to maintain, repair and inspect portable equipment.
An applicant for registration in class 1 shall produce evidence to the Director that—
the applicant or at least one of the applicant’s directors, employees or partners holds a degree in electrical engineering satisfying the examination requirements (Parts I and II) of the Council of Engineering Institutions for corporate membership of the Institution of Electrical Engineers; and
the applicant or at least one of the applicant’s directors, employees or partners—
is the manufacturer or designer of an electrical circuit or other apparatus, recognized by the Director, for the detection by alarm or otherwise of smoke or fire; or
is an authorized agent for a manufacturer of the type of apparatus specified in subparagraph (b)(i). (L.N. 268 of 1978)
An applicant for registration in class 2 shall produce evidence to the Director that—
the applicant or at least one of the applicant’s directors, employees or partners holds a Grade I plumber’s licence issued under the Waterworks Ordinance (Cap. 102); and
the applicant or at least one of the applicant’s directors, employees or partners holds a diploma from the Hong Kong Polytechnic or a Technical Institute or a higher certificate in electrical engineering or a qualification recognized as equivalent to such a diploma or certificate by the Director. (L.N. 268 of 1978)
An applicant for registration in class 3 shall satisfy the Director at a written examination and at an interview that his knowledge of the function and maintenance of portable equipment and the regulations relating thereto made under the Ordinance is adequate.
Subject to paragraph (2), an applicant for registration in class 3 who satisfies the Director that he was absent from Hong Kong, or was prevented by illness from attending, on the day fixed by the Director for a written examination or interview for the purposes of regulation 4(4) shall be entitled, without payment of a further fee, to take the written examination or to attend at the interview on such other day as may be fixed by the Director.
For the purposes of satisfying the Director under paragraph (1), the applicant shall produce to the Director such evidence of the absence or illness as the Director may require.
An applicant who fails to satisfy the Director under paragraph (1) shall, on being notified of such failure by the Director, pay to the Director the appropriate fee in accordance with the Second Schedule before taking the written examination or attending the interview, as the case may be.
Subject to paragraph (2), an applicant for registration in class 3 who under regulation 4(4) satisfies the Director at a written examination but who fails to satisfy the Director at an interview under that regulation shall, on notification by the Director, be entitled, on payment of the appropriate fee in accordance with the Second Schedule, to attend a second interview on a day fixed by the Director without first having to satisfy the Director at a written examination.
Regulation 3 shall apply to an applicant who fails to satisfy the Director at the second interview in accordance with paragraph (1).
Subject to paragraph (2), a registered contractor shall notify the Director in writing within 14 days of any change of the address of any workshop used by the registered contractor and shall at the same time notify the new address of the workshop.
The registered contractor shall, on notifying the Director of any change of the address of a workshop under paragraph (1), pay to the Director the appropriate fee in accordance with the Second Schedule for a new workshop inspection.
The Director shall, on payment of the fee under paragraph (2) for a new workshop inspection, inspect the workshop at the new address notified under paragraph (1).
If the Director is not satisfied with the workshop inspected under paragraph (3) he shall notify the registered contractor that a re-inspection of that workshop is required and on such notification the registered contractor shall pay to the Director the appropriate fee in accordance with the Second Schedule.
Where a registered contractor notifies the Director of any change of the address of a workshop under paragraph (1), he shall not undertake any work in connexion with fire service installation or equipment during any period before the new workshop is inspected under paragraph (3) or re-inspected under paragraph (4) and is found to be satisfactory.
The Director shall cause registers to be kept of all applicants whom he has determined under regulation 3(4) to be fit to be registered as fire service installation contractors. (L.N. 263 of 1986)
The full name and address of each registered contractor shall be entered in the appropriate register kept in respect of his class. (L.N. 263 of 1986)
The Director may amend any entry in the registers.
The entries in the registers shall— (L.N. 263 of 1986)
be published in the Gazette at least once in every year; and
be made available for inspection by any person free of charge at all reasonable times at the offices of the Fire Services Department and at every fire station in Hong Kong.
Any person aggrieved by any determination or decision of the Director under regulation 3(4) or 5(3) may, within 14 days after the date when such determination or decision has come to that person’s notice, appeal by way of petition to the Chief Executive who may confirm, vary or reverse the determination or decision. (L.N. 268 of 1978)
The decision of the Chief Executive on the appeal shall be final.
Where a registered contractor registered in class 3 is prevented from performing his duties by reason of illness or absence from Hong Kong, he shall not permit any work to be undertaken on his behalf in connexion with fire service installation or equipment during the period of such illness or absence, except by another registered contractor registered in that class.
Where a registered contractor is registered in class 1 or class 2 or in classes 1 and 2 solely by virtue of the qualifications of his director, employee or partner and that director, employee or partner is prevented from performing his duties by reason of illness or absence from Hong Kong, the registered contractor may undertake or continue to undertake work in connexion with fire service installation or equipment during the period of illness or absence, but shall not complete that work before that director, employee or partner is able to inspect the work that was undertaken during the period of illness or absence and to satisfy himself and the registered contractor that that work was properly carried out.
Nothing in paragraph (2) shall prohibit any work being undertaken on behalf of a registered contractor registered in class 1 or 2 by another registered contractor registered in the same class.
Subject to paragraph (2), a registered contractor registered by virtue of the qualifications of a director, employee or partner, shall notify the Director in writing when such director, employee or partner ceases for any reason to be a director of, or employed by, or a partner of, the registered contractor, as the case may be, within 14 days from the termination of such directorship, employment or partnership.
Where a director, employee or partner of a registered contractor who is registered solely by virtue of the qualifications of that director, employee or partner subsequently ceases to be such director, employee or partner, as the case may be, but is immediately replaced by a person holding qualifications specified in regulation 4(2) or (3), the registered contractor shall notify the Director in writing within 14 days of such replacement and shall produce to the Director the evidence of those qualifications required of an applicant under that regulation.
The name of a registered contractor who complies with paragraph (2) to the satisfaction of the Director shall not be removed from the appropriate register under regulation 8(b).
A registered contractor shall notify the Director in writing within 14 days of any change of registered name or registered address.
The registered contractor shall, on notifying the Director in accordance with paragraph (2) or (4), pay to the Director the appropriate fees in accordance with the Second Schedule.
The Director shall remove from the appropriate register the name of any registered contractor—
subject to regulation 7(3), who is registered solely by virtue of the qualifications of a director, employee or partner who subsequently ceases to be such director, employee or partner, as the case may be; (L.N. 263 of 1986)
whose workshop at the new address notified under regulation 4C(1) is inspected by the Director under regulation 4C(3) and re-inspected under regulation 4C(4) and is, in the opinion of the Director, unsatisfactory; (L.N. 263 of 1986)
who ceases, for any reason, to be a fire service installation contractor; or
subject to regulation 10(4), in compliance with an order made by the disciplinary board under regulation 10(2)(a). (L.N. 263 of 1986)
Regulation 3 shall apply to an application for re-registration by a registered contractor whose name has been removed from the register under regulation 8(b), (ba) or (c).
The Chief Executive may appoint a disciplinary board which shall inquire into and deal with any matters referred to it under regulation 10(1).
The disciplinary board shall consist of—
a member of the committee of the Fire Insurance Association of Hong Kong nominated by that Association;
a public officer nominated by the Building Authority;
a public officer nominated by the Water Authority;
a registered contractor nominated by the Director;
the Director or his representative; and
a legal adviser appointed by the Director.
The Chief Executive may appoint one of the persons specified in paragraph (2) as chairman of the disciplinary board, and the legal adviser shall conduct the proceedings under the direction of the chairman. (L.N. 63 of 1992)
If it appears to the Director that a registered contractor has been convicted by any court of such an offence, or has been guilty of such improper conduct or negligence in the installation, maintenance, repair or inspection of any fire service installation or equipment, as to—
render him unfit to be on the register; or
make his continued inclusion in the register prejudicial to the due administration of the Ordinance,
the Director may refer the matter to the disciplinary board.
If, after due inquiry, the disciplinary board is satisfied that a registered contractor has been convicted of an offence or has been guilty of improper conduct or negligence, of the kind mentioned in paragraph (1), the disciplinary board may order—
that the name of the registered contractor be removed, either permanently or for such period as it thinks appropriate, from the register; or
that the registered contractor be reprimanded. (L.N. 268 of 1978)
Subject to paragraph (4), the Director shall comply with any order made under paragraph (2) and shall record the order in the register.
The Director shall not take any action in compliance with an order made under paragraph (2)—
if an appeal is lodged with the Court of First Instance under regulation 12(1), until the appeal is finally determined; or (10 of 2008 s. 23)
until the time within which an appeal may be lodged under regulation 12(2) has expired.
For the purposes of paragraph (4), an appeal to the Court of First Instance shall be deemed to be finally determined when the earliest of the following events occurs, whichever is applicable in the circumstances—
when the appeal to the Court of First Instance is withdrawn or abandoned;
subject to paragraph (6), when the specified period expires without an appeal having been lodged to the Court of Appeal against a judgment of the Court of First Instance made under regulation 12(1);
subject to paragraph (6), if, before the expiry of the specified period referred to in subparagraph (b), an appeal is lodged to the Court of Appeal, when the appeal to the Court of Appeal is withdrawn or abandoned;
when the specified period expires without an application for leave to appeal having been made to the Court of Appeal;
if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Appeal—
when the application is withdrawn or abandoned;
if the application is refused, when the specified period expires without an application for leave to appeal having been made to the Court of Final Appeal; or
if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of; or
if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Final Appeal—
when the application is withdrawn, abandoned or refused; or
if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of. (10 of 2008 s. 23)
Notwithstanding paragraph (5)(b) and (c), an appeal to the Court of First Instance shall be deemed to be finally determined, if, in respect of a judgment of the Court of First Instance made under regulation 12(1), a certificate is granted under section 27C of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) and leave to appeal is granted under section 27D of that Ordinance, when the appeal to the Court of Final Appeal under section 27B of that Ordinance is withdrawn, abandoned or disposed of, but only if the following conditions are satisfied—
the certificate is granted on an application made within 14 days from the date on which the judgment is given as referred to in section 27C(3) of that Ordinance; and
the leave to appeal is granted on an application made within 28 days from the date on which a certificate is granted under section 27C of that Ordinance as referred to in section 27D(1) of that Ordinance or, on an application made within that period of 28 days for an extension of time, such other longer period as so extended. (10 of 2008 s. 23)
In paragraph (5)—
application for leave to appeal (上訴許可申請) means an application made to the Court of Appeal or the Court of Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) for leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal; specified period (指明限期)—(a)in the case of an appeal to the Court of Appeal against a judgment of the Court of First Instance made under regulation 12(1), means—(i)subject to sub-subparagraph (ii), the period of 28 days within which the notice of appeal referred to in Order 59, rule 4(1) of the Rules of the High Court (Cap. 4 sub. leg. A) is required to be served; or(ii)if, on an application made within the period of 28 days referred to in sub-subparagraph (i), the Court of Appeal extends that period, the period as so extended,however, in a case where an appeal may lie from a judgment of the Court of First Instance under Division 3 of Part II of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), the following period of time shall be disregarded in determining the period of 28 days referred to in sub-subparagraph (i) or (ii)—(iii)where an application has been made under section 27C of that Ordinance (that is, within 14 days from the date on which the judgment is given as referred to in section 27C(3) of that Ordinance), the period from the date on which the judgment is given to the date on which the application is determined; or(iv)where an application has been made under section 27D of that Ordinance (that is, within 28 days from the date on which a certificate is granted under section 27C of that Ordinance as referred to in section 27D(1) of that Ordinance or, on an application made within that period of 28 days for an extension of time, such other longer period as so extended), the period from the date on which the judgment is given to the date on which the application is determined;(b)in the case of an application for leave to appeal made to the Court of Appeal, means—(i)subject to sub-subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is required to be filed; or(ii)if, on an application made within the period of 28 days referred to in sub-subparagraph (i), the Court of Appeal extends that period, the period as so extended; or(c)in the case of an application for leave to appeal made to the Court of Final Appeal, means—(i)subject to sub-subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is required to be filed; or(ii)if, on an application made within the period of 28 days referred to in sub-subparagraph (i), the Court of Final Appeal extends that period, the period as so extended. (10 of 2008 s. 23)For the purposes of an inquiry the disciplinary board shall have the following powers—
to hear and examine witnesses on oath;
to summon any person to attend any hearing of the disciplinary board to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession subject to all just exceptions;
to order the inspection of premises in which any fire service installation or equipment has been installed, maintained, repaired or inspected; or
to enter upon and view such premises.
A witness summons shall be in such form as the chairman of the disciplinary board shall direct and shall be signed by the chairman.
Any person who being summoned to attend as a witness or to produce any document or any other thing at a hearing of the disciplinary board refuses or neglects to do so or to answer any questions put to him by or with the concurrence of the disciplinary board shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months: (7 of 2003 s. 17)Provided that no person shall be bound to incriminate himself and every witness shall in respect of any evidence given by him before the disciplinary board be entitled to the same privileges to which he would be entitled if giving evidence in civil proceedings before the Court of First Instance. (25 of 1998 s. 2)
Any person who behaves in an insulting manner or uses any threatening or insulting expression to or in the presence of the disciplinary board shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months. (7 of 2003 s. 17)
A registered contractor who is aggrieved by an order made in respect of him by a disciplinary board under regulation 10(2) may appeal to the Court of First Instance which may confirm, reverse or vary the order of the disciplinary board, and may exercise any power which the board might have exercised.
Notice of an appeal under paragraph (1) shall be given by the registered contractor within 30 days from the date on which the order of the disciplinary board is served upon him.
Save as otherwise provided in these regulations, the practice in relation to an appeal under this regulation shall be subject to any rules of court made under the High Court Ordinance (Cap. 4).
(Repealed 10 of 2008 s. 22)
Any person who contravenes regulation 4C(l) or (5), 6A or 7(1), (2) or (4) shall be guilty of an offence.
A registered contractor who undertakes any work in connexion with fire service installations or equipment, except work of the class in respect of which his name is entered in the register, shall be guilty of an offence.
The Director may authorize the Deputy Director or a Chief Fire Officer to exercise any of the powers or duties conferred or imposed on him by these regulations.
Any person guilty of an offence under regulation 13 or 14 shall be liable on conviction to a fine at level 3.
Any fee or fees paid in accordance with these regulations shall not be refundable.
Fire Service (Installation Contractors) Regulations (Regulation 3(1)) Form 1 Application for Registration as a Fire Service
Installation Contractor Class 1 and/or Class 2
To: Director of Fire Services
I hereby make application to be registered as a Fire Service Installation Contractor, Class 1 and/or Class 2.
| 1. | Registered name of company or firm |
| 2. | Registered address of company or firm |
| 3. | Name of persons holding qualifications required for registration | Name | Date of Birth | Identity Card No. | Qualif- ication | *In Full Time Employment with Applicant | *In Part Time Employ- ment with Applicant |
| | |||||||
| | |||||||
| | |||||||
| *Please tick where applicable. | |||||||
| 4. | Details of experience in installation, | |
| maintenance, repair and inspection of fire | ||
| service installation and equipment | ||
| 5. | Name (in block letters) and telephone no. of | |
| the person to be contacted for any enquiry | ||
| relating to this application | ||
| 6. | I request to be registered under | ||||
| Class 1 | and/or Class 2 | ||||
| (Please tick where applicable) | |||||
| Signature of applicant | |
| Date |
Fire Service (Installation Contractors) Regulations (Regulation 3(1A)) Form 2 Application for Registration as a Fire Service
Installation Contractor Class 3
To: Director of Fire Services
I hereby make application to be registered as a Fire Service Installation Contractor Class 3.
| 1. | Name of applicant | |
| 2. | Address of applicant | |
| 3. | Telephone No. | |
| 4. | Date of Birth | |
| 5. | Identity Card No. | |
| 6. | Name and address of company or firm under | |
| employment (if applicable) | ||
| 7. | Qualifications and experience of applicant | |
| in maintenance, repair and inspection of fire | ||
| service installations and equipment | ||
| Signature of applicant | |
| (will be accepted as specimen signature) | |
| Date |
| Item | Class of registered contractor | Details | Fee $ | Fee due and payable | |
| 1 | Class 1, Class 2 or Classes 1 & 2 | Registration (including production of evidence and initial workshop inspection) | 2,080 | On submission of application for registration (regulation 3(1) & (2)) | |
| 2 | Class 3 | Written examination | 1,280 | (a) | On submission of application for registration for the first time or following failure to satisfy Director at 2 interviews (regulations 3(1A), (2) & 4B(2)) |
| (b) | On notification of failure to satisfy Director as to absence from Hong Kong or illness (regulation 4A(3)) | ||||
| 3 | Class 3 | Interview | 1,270 | (a) | On notification to attend an interview or a second interview (regulations 3(1A), (2) & 4B(1)) |
| (b) | On notification of failure to satisfy Director as to absence from Hong Kong or illness (regulation 4A(3)) | ||||
| 4 | Class 3 | Workshop inspection | 1,050 | On notification of workshop inspection (regulation 3(1A) & (2)) | |
| 5 | Class 1, Class 2, Classes 1 & 2 or Class 3 | Workshop re-inspection | 1,050 | On notification of workshop re-inspection (regulation 3(4A)) | |
| 6 | Class 1, Class 2, Classes 1 & 2 or Class 3 | New workshop inspection | 1,050 | On notification by registered contractor of a change of registered address of a workshop (regulation 4C(1) & (2)) | |
| 7 | Class 1, Class 2, Classes 1 & 2 or Class 3 | New workshop re-inspection | 1,050 | On notification of new workshop re-inspection (regulation 4C(4)) | |
| 8 | Class 1, Class 2, Classes 1 & 2 or Class 3 | Change of registered name or registered address | 470 | On notification by registered contractor of a change of registered name or registered address (regulation 7(4) & (5)) | |
| 9 | Class 1, Class 2, Classes 1 and 2 | Change of qualified person | 610 | On notification by registered contractor of a change of qualified person (regulation 7(2) & (5)) | |
(L.N. 263 of 1986; L.N. 47 of 1990; L.N. 372 of 1992; L.N. 85 of 1994; L.N. 13 of 1995; L.N. 140 of 1996; L.N. 15 of 2001; L.N. 99 of 2006; L.N. 103 of 2014)