Guidelines for Extension of School Premises

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Guidelines for Extension of School Premises

(For Premises Not Designed and Constructed as a School)

Prepared by

School Registration and Compliance Section Education Bureau

HKSAR

(October 2021)

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Chapter 1 Introduction

The purpose of this Guide is to outline the main points that should be taken into account when a registered or provisionally registered school applies for extension of school premises under the Education Ordinance (Chapter 279 of the Laws of Hong Kong) and to provide them with general information. It aims to set out the normal requirements for the reference of those schools that would like to extend to additional premises in the same district or move to new school premises. Reference should also be made to the Education Ordinance and Education Regulations for reference by visiting the Bilingual Laws Information System at http://www.legislation.gov.hk/eng/home.htm  Go to Chapter row (enter 279).

Please note that application for extension of school premises will not be processed if the application is submitted after the expiry of the tenancy of the registered or provisionally registered school premises.

1. The Legislation

a. Every school should observe the Education Ordinance and the Education Regulations.

b. No school shall be operated in any additional/new premises until the certificate of registration or provisional registration of the school is amended to include such premises in accordance with the Education Ordinance.

2. Government Departments

Approval for extension of school premises will only be granted to a school which has met

the requirements/recommendations issued by the following government departments – a. Planning Department (PlanD)

b. Lands Department (LD)

c. Fire Services Department (FSD)

d. Buildings Department (BD)/Independent Checking Unit, Office of the Permanent Secretary for Transport and Housing (Housing) (ICU)

e. Education Bureau (EDB)

f. Department of Health (D of Health)

See Appendices 1-7 in Chapter 2 for details

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3. Forms

Forms for extension of school premises can be obtained from:

a. School Registration and Compliance Section of EDB at Room 1416, 14/F, Wu Chung House, 213 Queen’s Road East, Wanchai, Hong Kong; or

b. EDB’s website at

https://www.edb.gov.hk/en/sch-admin/sch-registration/about-sch- registration/extension-of-sch-premises.html

4. Application Fee

Fees will be charged by the Land Registry, Lands Department and Fire Services Department.

5. Certificate of Registration / Provisional Registration

An amended certificate of registration/provisional registration of a school will be issued by EDB when the application for extension of school premises is approved.

6. Penalty for Non-Compliance

Section 19(1) of the Education Ordinance specifies that no school shall be operated in any premises other than the premises specified in the certificate of registration or provisional registration of the school. Any person who is an owner or manager of a school without IMC¹ which is operated in contravention of section 19(1) shall be guilty of an offence and shall be liable on conviction to a fine of $250,000 and to imprisonment for 2 years.

Any person who teaches in any premises other than the premises specified in the certificate of registration or provisional registration of a school shall be guilty of an offence and shall be liable on conviction to a fine at level 5 ($50,000) and to

imprisonment for 2 years.

The Permanent Secretary for Education may by order in writing close any premises of a school which is not registered or provisionally registered.

1 A school without IMC means a school other than an IMC school, whereby an “IMC school” means a school in respect of which an incorporated management committee (IMC) is established under Part IIIB of the Education Ordinance. Aided schools (and DSS/specified schools that choose to establish IMC) shall establish an IMC in accordance with the timeframe provided for under the Education Ordinance.

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7. Reminder

Applicants, while having dealings of any kind with the Education Bureau and other Government departments, should not offer advantage to Government officers.

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Chapter 2 Application Procedures for Extension of School Premises

Step 1: Clearance with the Planning Department [Appendix 1]

i. Forward Form P to the Secretary of the Town Planning Board (the Board) to confirm whether the proposed premises are permitted for school use under the Town Planning Ordinance.

ii. See Appendix 1a and 1b for detailed procedures if planning permission is required.

iii. Go to step 2 if planning permission is not required or application for planning permission to the Secretary of the Board has been submitted. However, please be reminded that an application for planning permission may or may not be approved by the Board.

Step 2: Clearance with the Land Registry and Lands Department [Appendix 2]

i. Approach Land Registry for the following documents in relation to the lease records of the proposed lot/ premises -

 A certified true copy of the Historical and Current Computerized Land Register showing the nature of instruments and memorial numbers of all documents registered against the lot/premises; and

 A certified true copy of the Lease or New Grant or Conditions (including all modifications and attachments thereto) in respect of the lot/premises

ii. Forward completed Form L, together with the above lease records, to the relevant District Lands Office of Lands Department to confirm whether the proposed school use is in compliance with the lease conditions governing the proposed premises. Form L can be obtained from the School

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Registration and Compliance Section of EDB

iii. Follow the procedures at Appendix 2a if land lease modification/temporary waiver is required.

Step 3: Clearance with the Fire Services Department [Appendix 3]

Forward an application form (Form E1) and 3 copies of layout plan to Fire Services Department for application of Fire Services Certificate. For details of processing procedures for the application of Fire Services Certificate, please refer to

the FSD’s website at

https://www.hkfsd.gov.hk/eng/fire_protection/licensing/prem ises_school.html#Designed

Step 4: Clearance with the Buildings Department [Appendix 4]/

Independent Checking Unit, Office of the Permanent Secretary for Transport and Housing (Housing) [Appendix 5]

Forward an application form (Form E2) and 4 copies of layout plan to Buildings Department (BD)/ Independent Checking Unit (ICU) for application of safety certificates and notice.

Step 5: Clearance with the Education Bureau [Appendix 6]

i. Forward the Board/Lands Department’s approval letter to EDB for planning permission/ land lease modification/temporary waiver (if any).

ii. Forward relevant documents (e.g. copies of Form E1, Form E2, layout plan, etc.) to EDB according to the Checklist at Appendix 6a.

Step 6: Compliance of Requirements of Fire Services Department

& Buildings Department / Independent Checking Unit, Office of the Permanent Secretary for Transport and Housing (Housing)

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i. Comply with the corresponding requirements.

ii. Inform FSD and BD/ICU in writing instantly upon compliance of their requirements for follow-up inspections.

iii. Forward the safety certificates and notice issued by FSD and BD/ICU to EDB for further processing.

Step 7: Compliance of Requirements of Department of Health [Appendix 7]

Forward 5 copies of the approved layout plan to EDB for its onward transmission to the Director of Health to issue health requirements and provide number of permitted accommodation in each classroom.

Step 8: Commencement of Operation

School operation in the new school premises may commence operation once the certificate of provisional registration / registration is amended by EDB.

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Appendix 1a

Planning Department

General Procedures for Application for Permission under Section 16 of the Town Planning Ordinance for School Use (S16 Application)

1. Application for Planning Permission

a. Application forms can be obtained from:

i. Secretariat of the Board at 15/F, North Point Government Offices, 333 Java Road, North Point, Hong Kong; or

ii. Planning Enquiry Counters of the Planning Department at

 17/F, North Point Government Offices, 333 Java Road, North Point, Hong Kong; or

 14/F Sha Tin Government Offices, 1 Sheung Wo Che Road, Sha Tin, New Territories; or

iii. downloaded from the Board’s website at http://www.info.gov.hk/tpb

b. Accompanying the application form is a set of Guidance Notes which gives a brief description of the planning permission system, provides general guidelines on the preparation of an application and sets out the procedures on processing of an application.

2. Guidelines and Procedures for Processing Applications

a. An applicant should submit sufficient copies of the completed application form, together with supporting documents, if any, as specified in the Guidance Notes, to the Secretary of the Board by hand or by post. The processing of an application may be refused if the required particulars and/or the required copies are incomplete.

b. Since 18 December 2015, the public can choose to submit planning application online through Electronic Planning Application Submission System (EPASS). For the general information and guidance on how to use EPASS to submit application, please refer to the corresponding Guidance Notes on the Board’s website at

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Appendix 1a

http://www.info.gov.hk/tpb/en/forms/Guidance_Notes/EPASS_GN-eng.pdf c. Upon receipt of an application, the Secretary of the Board will acknowledge receipt

and inform the applicant about the tentative scheduled date of meeting of which the application would be considered by the Board.

d. As required under the Town Planning Ordinance (TPO), an application will be considered by the Board within two months upon receipt of the application. Each application will be considered by the Board on its own merits and the Board may approve the application with or without conditions.

e. The applicant will be notified in writing of the Board’s decision on his application after confirmation of the minutes of meeting in which the decision was made (normally 2 weeks after the meeting). Pending written notification, an applicant can seek verbal enquiry on the result immediately after the meeting. A Gist of Decisions on Planning Applications will also be available on the Board’s website shortly after the meeting on the same day or before 9:00 a.m. on the following day if the meeting of the Board cannot be finished before 9:00 p.m.

f. An application may be approved with or without conditions or rejected by the Board. If the applicant is not satisfied with the decision of the Board either to reject his application or to the conditions imposed on the planning permission, the applicant may, within 21 days of being notified of such decision, apply in writing to the Secretary of the Board for a review under section 17 of the TPO and has a right to be heard before the Board. An application for review will be considered by the Board within three months upon receipt of the review application. If an applicant is still not satisfied with the decision of the Board upon review, the applicant may, within 60 days of being notified of such decision, lodge an appeal to the Secretary of the Town Planning Appeal Board (the Appeal Board) according to the provisions of section 17B of the TPO. The decision of the Appeal Board shall be final.

g. The Secretary of the Board will make documents in an application/review for public inspection until the application/review is considered by the Board. Any person may make comments to the Board on the application/review within the first 3 weeks of the period during which the application is available for public inspection.

Information including the name of the applicant, but excluding other personal data, the particulars of applicant and agents, checklist of documents, authorisation letter, documentary proof of land ownership, copies of consent obtained from and notification given to the current land owner(s), included in the application/review and the comments received by the Board shall be available for public inspection.

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Appendix 1b

Planning Department

General Guidelines on Planning Requirements for School Application (i.e. S16 Applications)

1. Assessment

Planning applications to the Board will be assessed on individual merits, and all relevant planning considerations, such as planning intention, land use compatibility and traffic implications, as well as comments from concerned Government departments and the public will be taken into account.

2. Information Required for Applications

To facilitate assessment of application for school use, the following information should be provided in the application:

i. site plan showing the location of the proposed school;

ii. floor plan showing the dimension and arrangement of all classrooms and facilities with clear indication of means of escape provided for the school;

iii. the number of classrooms and other service rooms (e.g. staff room, medical room, etc);

iv. indoor/outdoor play area proposed and the estimated maximum capacity in each room (in case of kindergarten);

v. particulars of any provision of parking spaces or lay-bys for school bus and/or private car for picking up and setting down of school children; and vi. height of the highest floor of school measuring from the floor slab to the

lowest ground level where accessible by fire appliances.

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Appendix 1b

3. Applications for Tutorial School and Kindergarten in Kowloon Tong Garden Estate

An applicant for planning permission for the development of tutorial school and kindergarten in Kowloon Tong Garden Estate can refer to the “Town Planning Board Guidelines for Application for Tutorial School under section 16 of the Town Planning Ordinance” (TPB PG-No.40) and “Town Planning Board Guidelines for Application for Kindergarten/Child Care Centre in Kowloon Tong Garden Estate under Section 16 of the Town Planning Ordinance” (TPB PG-No.23A) respectively for the main planning criteria of the Board in assessing the applications. The Town Planning Board Guidelines can be obtained from the Secretariat of the Board, the Planning Enquiry Counters of PlanD or the Board’s website at http://www.info.gov.hk/tpb

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Appendix 2a

Lands Department

General Guidelines on Lease Modification/Waiver for Extension of School Premises Applications

1. Introduction

These guidelines introduce the application procedures for modification/temporary waivers of lease conditions. They are not intended to create any legal rights or obligations and serves only to explain the key features of current Government policy in respect of lease modification/waiver applications.

Any departure from lease conditions must obtain prior approval from the Lands Department (LD). Otherwise, the property will be liable to lease enforcement action.

The applicant is strongly advised to enlist the service of a registered professional surveyor at the early stage to avoid unnecessary waste of time and efforts resulting from unsuccessful applications.

2. Purpose and Nature of Lease Modification/Waivers

a. Lease modification is a permanent variation of restrictions under Government leases or land grants.

b. Waivers are temporary permissions granted by LD to relax restrictions under Government leases or land grants.

c. Government leases, under which all private property in Hong Kong is held, usually contain restrictions as to the uses which the land or buildings may be put. Where a leaseholder wishes to carry out activities for a permanent/temporary period which do not comply with his lease conditions, he should apply for a lease modification/waiver from the LD to permanently vary/temporarily relax the restriction(s) under the lease.

If the lease modification/waiver application is approved, the Government, as landlord, will require the leaseholder to pay a premium reflecting the enhanced value of the property/a fee reflecting the enhanced value of the property for the period of the waiver. Additional relevant conditions related to the new use of the property may also be imposed.

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Appendix 2a

3. Application for a Lease Modification/Waiver

a. The applicant(s) should be the registered owner(s) of the property concerned; or his/their authorized persons.

b. The applicant(s) should submit an application letter together with all supporting documents listed in the application form to the respective District Lands Office for processing. A sample of the application form is attached at Appendix 2b.

4. Procedures for processing Lease Modification/Waiver Applications

a. As a general rule, all lease modification/waiver applications must be submitted by

the registered owner(s) of the property concerned or his/their authorized persons.

b. Upon receipt of a lease modification/waiver application and payment of initial administrative fee, LD will consult relevant Government departments. Each case will be considered in its merits after full consideration of the circumstances.

c. If the application is approved, a basic terms offer letter setting-out the amount of premium/waiver fee, balance of the administrative fee (if any) and the deposit payable etc., will be issued to the applicant. The applicant will be required to indicate acceptance of the basic terms within the period stated in the letter before a formal modification letter/waiver letter is issued.

d. Once an offer is accepted and payment made, the LD will issue the modification letter/waiver letter to the applicant for execution. A certified copy for the executed modification letter/waiver letter will be registered by memorial at the Land Registry. The applicant shall also pay the concerned registration fee to be charged by the Land Registry.

e. If the application is not approved, a letter giving the reasons for disapproval will be sent to the applicant.

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Appendix 2b

Sample

Standard Application Form for Lease Modification/Waiver Cases

District Lands Officer,

I/We, (name of Applicants) , {[as the (Sole Owner/Co-Owners)* of (Lot / Premises )*] or [as the (Trustee/Administrator/Personal Representatives/Others (please specify) )* of the owner(s) of the Lot / Premises )*]}* hereby apply for a (Modification/Waiver)* to modify/waive* the (user restriction/other restrictions (please specify) )* contained in (the Lease/Special Condition No. of Conditions of /Special Condition No.

of New Grant No. )* under which (the Lot ______ /Premises )*

is held so as to permit {[the use of (the above Lot/Premises/the portion of the above Lot/Premises)* for the purpose of ] or [others (please specify) ]}*.

In order to facilitate you to consider my/our application, I/we attach the following documents for your reference:-

a. two copies of the Computerized Land Register/Record of Owner(s) (one of which is a certified true copy) showing the nature of instruments and memorial numbers of all documents registered against the said Lot/Premises;

b. a certified true copy or copies of the Deed of Trust/Power of Attorney/Probate/Letters of Administration (if applicable);

c. two copies of the Lease or the New Grant or the Conditions (including all modifications and attachments thereto) (one of which is a certified true copy) in respect of the subject Lot/Premises;

d. a photocopy of the applicant(s)’ Business Registration Certificate (if applicable);

e. Planning Approval from the Town Planning Board (if any); and f. (Building plans/layout plans)* of the proposal (if any).

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Appendix 2b

I/We hereby expressly warrant and declare that the above information provided in support of my/our application is correct and genuine and I/we expressly acknowledge that I am/we are aware and accept that the (Lease Modification/Waiver)* applied for will be made on the basis of the Information supplied by me/us and will be immediately cancelled in the event such information is found to be false or misleading.

I/We further expressly acknowledge that the personal data provided by me/us in this (Lease Modification/Waiver)* Application Form will be used by the Lands Department in connection with the processing of my/our said application. The provision of any personal data requested in the application forms is voluntary. I/We understand that if I/we do not provide sufficient information, Lands Department may not be able to process my/our application.

I/We hereby authorize the Lands Department to disclose my/our personal data in the application form to such Government Departments and any other body, organisation or person(s) as it may see fit at its absolute discretion to obtain such information which is deemed relevant to my/our application, whether on policy or any other grounds.

I/We further authorize and direct and request any Government Department or other body which may be approached by the Lands Department, to supply any and all information which it may require.

*Delete as appropriate

Applicant(s)’s Signature : (H.K.I.D. Card Number(s) : ) Name of Applicant(s) in

Block Letters

:

Address :

Telephone Number :

Date :

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Appendix 2b

Note :

(1) This form should be completed and signed by all owner(s) of the Lot/Premises or the Trustee(s) or the Administrator(s) or the Personal Representatives of the owner(s) of the Lot/Premises.

(2) After completion, this form may either be mailed, or handed in to the relevant District Lands Office of Lands Department.

(3) The Government does not bind itself to accept any application submitted.

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Appendix 3a

SCH/102

A. Restrictions on Location

Converted school premises shall not be located : - (a) in any premises designed for residential use;

(b) in any industrial building, warehouses, cinemas or premises whereby the undertakings therein may endanger the lives or safety of pupils;

(c) in any premises situated at a height of 30m above ground level;

(d) in any premises located vertically above/below a restaurant/club.

B. Standard Requirements

1. All fire service installations and equipment (FSI) provided for the premises shall be retained and maintained in efficient working order. For all maintenance, alteration and addition, such works shall be carried out by a Registered FSI Contractor who shall issue Certificate(s) of Fire Service Installations and Equipment (FS 251) to the owner with copies forwarded to the Director of Fire Services within 14 days after completion of the works. A certificate of compliance (FSI/314A, FSI/314B or FSI/314C as appropriate) shall also be submitted by the responsible Registered FSI Contractor to the Director of Fire Services for the alteration and addition works.

2. A sprinkler system in accordance with the Code of Practice for Minimum Fire Service Installations and Equipment shall be provided if the school premises exceeds 230 square metres in area on any floor, or its aggregate area of different floors exceeds 230 square metres without fire separation.

3. If sleeping accommodation is provided for children, a fire detection system activated by smoke detectors shall be provided in such area(s). This system shall be linked to the Fire Services Communication Centre by direct telephone line.

FIRE SERVICES DEPARTMENT

Fire Safety Requirements for

Converted School Premises

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Appendix 3a

SCH/102

4. A fire hydrant/hose reel system in accordance with the Code of Practice for Minimum Fire Service Installations and Equipment shall be provided if the school premises exceeds 230 square metres in area on any floor, or its aggregate area of different floors exceeds 230 square metres without fire separation.

5. Portable fire fighting equipment of the approved type, over and above those installed for the occupation of the building, shall be provided as follows:

5.1 _______ x 9 L water type fire extinguisher(s) at ________________;

5.2 _______ x 4.5 kg CO2 type fire extinguisher(s) at ___________ ; and 5.3 _______ x 1.44 m² fire blanket at ____________.

6. A manual fire alarm system with visual alarm signals in accordance with the Code of Practice for Minimum Fire Service Installations and Equipment with fire alarm call point at each of the following locations shall be provided :-

6.1 the main entrance;

6.2 near each exit.

7. All exits shall be suitably indicated by illuminated signs bearing the word and characters

“EXIT 出口” in block letters and characters of not less than l25mm high with l5mm strokes. The colour of the letters/characters and contrasting colour on the background shall comply with the Code of Practice for Minimum Fire Service Installations and Equipment.

8. If the exit signs are out of sight to any location within the premises, suitable directional signs in same dimensions as the exit signs shall be provided to assist the occupant to identify the exits in the event of an emergency.

9. Emergency lighting shall be provided to the premises and the attached requirements for Self-contained Luminaries Emergency Lighting System (PPA/104(A)) shall be complied with.

10. All combustible materials used for false ceilings, partitions or wall furnishings shall conform to British Standard 476 : Part 7 Class 1 or 2 Rate of Surface Spread of Flame or to another standard acceptable to the Director of Fire Services, or shall be brought up to any of those standards by treating with a fire retardant paint or solution acceptable to Director of Fire Services. In the latter case, the work shall be carried out by a Class 2 Registered Fire Service Installation Contractor and a certificate (FS251) to this effect from the Contractor shall be forwarded to this Department as documentary proof of compliance.

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Appendix 3a

SCH/102

11. All draperies and curtains, if installed, shall be made of fire resistant material and conform to British Standard BS 5867: Part 2 (Type B performance requirements) when tested in accordance with BS EN ISO 15025:2002 or to any other standard acceptable to the Director of Fire Services, or shall be brought up to any of those standards by treating with a fire retardant solution acceptable to Director of Fire Services. In the latter case, the work shall be carried out by a Class 2 Registered Fire Service Installation Contractor and a certificate (FS251) to this effect from the Contractor shall be forwarded to this Department as documentary proof of compliance.

12. PU Foam

12.1 All polyurethane (PU) foam filled mattresses and covering material used for fabrication of mattresses shall conform to British Standard 7177 (for use in medium hazard premises/building); or “Standard for the Flammability (Open Flame) of Mattress Sets” - (Part 1633 of Title 16 of Code of Federal Regulations) as issued by the Consumer Product Safety Commission (CPSC) in the US; or to other standard acceptable to the Director of Fire Services.

12.2 All PU foam filled upholstered furniture and covering fabric used for fabrication of the furniture shall conform to British Standard 7176 (for use in medium hazard premises/building); or Flammability Test Procedure for Seating Furniture for Use in Public Occupancies (Technical Bulletin Number 133) as issued by the Bureau of Home Furnishings and Thermal Insulation, Department of Consumer Affairs, State of California; or to other standard acceptable to the Director of Fire Services.

12.3 Each PU foam filled mattresses and upholstered furniture conforming to British Standard 7177 (for use in medium hazard premises/building) and British Standard 7176 (for use in medium hazards premises/building) respectively shall bear an appropriate label (Appendix).

12.4 Invoices from manufacturers/suppliers and test certificates from testing laboratories indicating that the PU foam filled mattresses and/or furniture items have complied with the specified standards shall be produced for verification.

Test certificate shall be issued by a testing laboratory accredited to conduct test according to the specified standard, and be authenticated by the company’s stamp of manufacturer/supplier.

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Appendix 3a

SCH/102

13. An exit route plan drawn to a ratio of not less than 1:200 showing the floor layout of the premises and the directions of egress to escape staircases and means of escape shall be displayed prominently on wall immediately adjacent to the exit door of each classroom.

The size of the exit plan shall not be less than 250mm x 250mm and shall be affixed at a height of 1500mm above the floor level.

14. The actual layout of the premises shall be in conformity with the latest approved plan.

15. If laboratory work is to be handled during the course, the attached Fire Safety Requirements for Laboratory (SCH/101) shall be complied with.

16. If a design & technology/art room is established, the attached Fire Safety Requirements for Design & Technology / Art Room (SCH/104) shall be complied with.

17. If a computer room / server room is established, the attached Fire Safety Requirements for Computer Classroom (SCH/107) shall be complied with.

18. Additional Requirements (if any) : - Remarks :

Should the applicants have insurmountable difficulties in complying with the prescribed requirements, they can submit alternative proposals for FSD’s consideration. For example, applicants can adopt the Fire Engineering approach, or submit a study report to explain how they will tackle problems of fire suppression, smoke control, evacuation and access of fire services personnel etc.

C. Fire Safety Precautions

1. Fire Service Installations and Equipment

All fire service installations and equipment provided shall be :

1.1 Kept clear from any obstruction;

1.2 Clearly indicated as regard to their locations and methods of operation;

1.3 Maintained in efficient working order at all times; and 1.4 Inspected at least once every twelve months.

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Appendix 3a

SCH/102

Works related to para. 1.4 above shall be carried out by a Registered FSI Contractor who shall issue Certificate(s) of Fire Service Installations and Equipment (FS251) to the owner with copies forwarded to the Director of Fire Services within 14 days after completion of the works. Failure to observe the FS precautions in para 1.3 & 1.4 may result in the owner of the installations being prosecuted under Regulation 8 of the Fire Services (Installations and Equipment) Regulations, Chapter 95B, Laws of Hong Kong.

2. Means of Escape

All means of escape shall be kept free from obstruction. In particular : -

2.1 No article or thing shall be left in the means of escape at any time (if in a domestic building) / at all times when persons are present in the building (if in a commercial building); and

2.2 All exits/doors shall be kept openable from the inside without the use of a key and all metal gates and shutters, where installed, shall be kept in the open position at all times when members of the public are present in the premises.

Failure to observe these precautions may result in the operator being prosecuted under Sections 14 and 15 of the Fire Services (Fire Hazard Abatement) Regulation, Chapter 95F, Laws of Hong Kong without prior warning.

2.3 All smoke stop doors provided in the premises shall be kept in closed position at all times.

3. Dangerous Goods

3.1 No storage of any dangerous goods in excess of the exempt quantity within the meaning of the Dangerous Goods (General) Regulations, Chapter 295B, Laws of Hong Kong is permitted without a licence or approval granted by the Director of Fire Services.

Fire Services Department March 2012

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Appendix 3b

Sample of Label (標籤樣本) Appendix 附件

Sample I (樣本 I)

Sample II (樣本 II)

Stitch Line Stitch Line

Manufactured by:

Company Name (Address)

Date of Manufacture:

MM/YYYY

Model: <Model ID>

Prototype ID: <Prototype ID>

This mattress meets the requirement of 16CFR Part 1633 (federal flammability (open flame) standard for mattress sets)

When used with foundation <ID>

Manufactured by:

Company Name (Address)

Date of Manufacture:

MM/YYYY Model: <Model ID>

Prototype ID: <Prototype ID>

FOUNDATION: <ID>

The minimum size of the label shall be 2 x 3 inches and the minimum size of the type shall be one- eighth inch in height. All type shall be in capital letters.

Sample III (樣本 III) Sample IV (樣本 IV)

Complies with BS 7176: 2007 + A1 direct test/ predictive test¹⁾

for medium hazard

1)Delete whichever is inappropriate

符合英國標準 7176 (2007) +A1

適用於中度危險的直接測試/ 預報測試

標準¹⁾

1)刪去不適用者

Complies with BS 7177: 2008 + A1 for medium hazard

符合英國標準 7177 (2008) +A1

適用於中度危險的規定

THIS MATTRESS IS INTENDED TO BE USED WITH FOUNDATION(S)

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Appendix 3c

SCH/104

1.2 _______ x 4.5 kg CO2 type fire extinguisher(s) at ____________ ; and

1.3 _______ x 1.44 m²fire blanket at ____________.

2. The room shall be completely separated from other part of the premises by walls of not less than one hour fire resistance period. High level ventilation to open balcony / open type corridor at a height of 1800 mm from floor level may be provided.

3. Windows or wall openings giving onto corridors and staircases shall be fitted with wired glazing in fixed metal frames.

4. All exit doors of the room shall be self-closing with a fire resistance period of not less than half an hour.

5. Spray painting involving the use of flammable liquids, except aerosol spray painting, is not permitted inside the room or any other part of the school premises.

6. When wax melting is required, it should be heated indirectly over a hot bath.

7. No mixed activities involving heat, paint spraying and wax melting etc.

should be conducted at the same time.

Design & Technology / Art Room

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Appendix 3c

SCH/104

8. No storage of any dangerous goods exceeding the exempted quantity in accordance with the Dangerous Goods (General) Regulations, Chapter 295B, Laws of Hong Kong, shall be allowed.

9. Additional Requirements (if any) : -

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Appendix 3d

SCH/101

1.2 _______ x 4.5 kg CO2 type fire extinguisher(s) at ____________ ; and 1.3 _______ x 1.44 m² fire blanket at ____________.

2. The laboratory shall be completely separated from other part of the premises by walls of not less than one hour fire resistance period. High level ventilation to open balcony / open type corridor at a height of 1800 mm from floor level may be provided.

3. All exit doors of the laboratory shall be self-closing with a fire resistance period of not less than half hour.

4. Fume-cupboards, if provided, shall be adequately ventilated to the open air.

5. Poisonous substances and dangerous substances shall be kept in proper containers clearly marked with the names of the substances and kept in a locked room or cupboard, the key to which shall be kept under the control of the teacher/technician in charge of the laboratory.

6. The air conditioning system, if provided, shall be either window unit type or independent system exclusively servicing the school laboratory.

7. The air-conditioning system shall be able to provide adequate ventilation with fresh air from the outside.

Laboratory

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Appendix 3d

SCH/101

8. The exhaust air from the air-conditioning system shall be directed to the open air.

9. An exhaust system shall be provided and switched on whenever the school laboratory is in use to prevent any accumulation of hazardous vapours.

10. All hazardous operations, e.g. those operations where toxic vapours will be generated or those involving corrosive substances shall be performed inside a fume-cupboard.

11. No storage of any dangerous goods exceeding the exempted quantity in accordance with the Dangerous Goods (General) Regulations, Chapter 295B, Laws of Hong Kong, shall be allowed.

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Appendix 3e

SCH/107

1.1 _______ x 4.5 kg CO2 type fire extinguisher(s) at ____________.

2. All electric wiring shall be arranged in such a way that it shall not impede any passageway.

Computer Classroom

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Appendix 4a

Buildings Department

General Guidelines on Building Safety Requirements for New Applications and Extension of School Premises Applications

1. The Role of the Director of Buildings

a. A new application and extension of school in premises not designed and constructed for the purposes of a school should be accompanied by certificates issued by the Director of Buildings as the competent authority under section 12(1)(a), (b) and (ca) of the Education Ordinance (Cap. 279) and a notice issued by the Building Authority (BA) under section 12(1)(d) of the same Ordinance.

b. In processing an application for the requisite certificates and notice, the Director of Buildings will assess the suitability of the premises and consider whether it is appropriate to issue such certificates and notice stating:

i. an opinion as to the design loading of the premises (section 12(1)(a));

ii. that the premises do not have structural timber floors (section 12(1)(b));

iii. that the means of escape in the premises would be adequate (section 12(1)(ca)); and

iv. that the BA does not intend to prohibit, under section 25 of the Buildings Ordinance (BO)(Cap. 123), the use of the premises as a school (section 12(1)(d)).

2.

General Requirements

a. Each case shall be considered on its merits after full consideration of the circumstances. Nothing contained herein shall be taken as in any way derogating from the powers of the Director of Buildings under the BO and its subsidiary regulations.

b. If the premises are constructed of structural timber floor, the issue of a certificate under section 12(1)(b) of the Education Ordinance will be refused.

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c. As the subject matters are often related to complicated technical issues which may be difficult to overcome, the applicant is strongly advised to enlist the service of an Authorized Person (AP) (an architect, engineer or surveyor registered under the BO) at the early stage to avoid unnecessary waste of time and efforts resulting from unsuccessful applications.

d. Where alteration and addition works involving the structure and/or means of escape of a building are to be carried out, formal submission of plans for the proposed works to the BD by an AP and, if necessary, Registered Structural Engineer (RSE) may be required for obtaining prior approval and consent of the BA. It is strongly recommended that the advice of an AP or RSE should be sought well in advance. The lists of AP and RSE registered under the BO are available in the BD for viewing and can also be viewed at BD’s website at www.bd.gov.hk

e. Following the implementation of the Building (Minor Works) Regulation (B(MW)R) on 31 December 2010, certain building works have been specified as minor works. As an alternative to obtaining prior approval and consent from the BA, minor works may be carried out under the simplified requirements of the Minor Works Control System. Paragraph 7 below for the details of the minor works items and the associated requirements refers.

f. Submission of plans

i. Each application should be accompanied by sufficient number of plans as required by the Education Bureau (including 4 sets for the BD) showing the extent and layout of the premises and the information listed in Appendix 6b.

ii. The submitted plans should be drawn to a suitable scale (1:50 and 1:100) with all the principal dimensions of the premises and the exit routes/doors marked thereon. The construction material of any proposed partition walls and exit doors should also be specified.

iii. The maximum capacity of each classroom (no. of students and teachers) and the total number of staff/teachers to be accommodated should be indicated on the plans.

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Appendix 4a

3. Location of Premises

a. As a general rule, if the premises under application are located in a building for which an Occupation Permit has been issued, no part of a school shall be located in, under or over any structures which have been built without the approval and consent of the Building Authority.

b. For kindergartens located above G/F in a non-purpose built building, the following guidelines apply:

Location Conditions

i. in composite buildings with not more than two commercial floors above G/F; or

ii. in composite buildings with three or more commercial floors where the kindergarten itself occupies one or more entire commercial floors and not more than two floors above G/F remain commercial; or

iii. in institutional buildings; or iv. in high-rise domestic buildings.

I. Premises shall conform to general standards of the Code of Practice for Fire Safety in Buildings (FS Code)

II. Kindergarten is subject to the 24m maximum height rule under Education Regulation 7.

v. in wholly commercial buildings;

or

vi. in composite buildings with three or more commercial floors above G/F other than (ii).

III. In addition to conditions (I) and (II), two independent means of escape are provided for the exclusive use of the occupants of the kindergarten.

vii. in single staircase buildings other than (viii) and (ix).

IV. In addition to conditions (I) and (II), two extra staircases must be provided to the premises to be licensed and the single staircase

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Appendix 4a

serving the whole building must be sealed off therefrom.

viii. in single-family domestic buildings not exceeding three main storeys; or

ix. in New Territories ‘exempted’

buildings.

V. Unconditional provided that the general standards of the FS Code are conformed, particularly para.

6(b)(i) below.

4. Structural Safety

The main issues to be considered on structural safety are:

i. The minimum designed loading of the premises for the purpose of school and kindergarten shall not be less than 3kPa (i.e. 60 lbs/ft²) and 2.5 kPa (i.e.

50 lbs/ft²) respectively.

ii. In cases where there are non-structural solid screeding on floor slabs, heavy equipment/plant or non-load bearing block walls¹, structural justification on the adequacy of the existing supporting structure to cater for such superimposed loads should be submitted by an AP/RSE.

5. Fire Resisting Construction

a. Premises shall be designed and constructed of fire resisting constructions which satisfy the provisions of the Building (Construction) Regulations and the FS Code issued by the BD from time to time.

1 Erection of any non-load bearing block walls in a flat or thickening of any floor slab of a flat by laying solid screeding may be subject to the control of the B(MW)R. Details of the minor works items and the associated requirements can be viewed at BD’s website at www.bd.gov.hk

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Appendix 4a

b. Some general requirements on fire resisting construction are listed below for reference:

i. The premises should be separated from the adjoining occupancy/use by fire barriers having the longer fire resistance rating (FRR) in respect of such Use Classification as stipulated in Table C1 of the FS Code.

ii. The internal corridors serving the premises and other occupancies should be separated by fire barriers having an FRR of not less than that of the Use Classification of that floor. Where these FRRs differ, the higher the FRR value should be adopted. For premises situated in a shopping arcade, such separation is normally not required between the premises and the internal corridors of arcade.

iii. Openings for passage of ducts, pipes, wires etc. through fire barriers should be properly protected by fire resisting constructions in order to maintain the FRR of that fire barrier.

iv. In cases where new or modified fire barriers are involved², a duly completed Form (Appendix A PNAP APP-13) with supporting test/assessment report from an AP/RSE shall be submitted to substantiate the FRR of the fire resisting components/ materials/ products. Submission of such test/assessment report is not required if PNAP ADM-20 is applicable.

v. Doors should be installed with smoke seals under Clause C6.1 and C16.5 of the FS Code. Such provision usually applies to the entrance doors of the premises which form part of a protected lobby of a required staircase. In addition, reference should be made to the prevailing requirements on the smoke seal performance in Clause E9.1 and E9.2 of the FS Code as amended by the Corrigenda issued on 22 January 2013 which can be viewed at BD’s website at www.bd.gov.hk

2 Formation or alteration of any openings to the enclosure (other than a load bearing wall) of any staircase that is used as a means of escape or a means of access for firefighting and rescue or its protected lobby may be subject to the control of the B(MW)R. Details of the minor works items and the associated requirements can be viewed at BD’s website at www.bd.gov.hk

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Appendix 4a

6. Means of Escape and Means of Access for Firefighting and Rescue

a. Every school shall be provided with adequate means of escape and access for fire fighting and rescue in accordance with Part V of the Building (Planning) Regulations and the FS Code issued from time to time by the BD.

b. The provision of means of escape in any particular floor of a building or in any building as a whole can only accommodate a specified maximum number of persons at any one time. The current FS Code sets out such limits and relates them to the width and number of exit routes and exit doors provided for each floor and for the whole building. It follows that if, as a result of the operation of a school, the existing population figure for a floor or for a building exceeds these limits, a recommendation for rejection of the application will be made. In assessing the population figures, applications in respect of premises located within the same building will be treated on a first-come-first-served basis. Some general requirements are listed below for reference:

i. For premises on the ground floor having direct access to a street, there would generally be no major problem on means of escape provision. For premises on upper storeys and basements, at least two exit staircases are required.

Schools are not permitted to operate on the upper floors of single- staircase buildings, unless two extra exit staircases are provided to the school premises and the single staircase serving the whole building is sealed off therefrom.

ii. Any room/area/premises with a capacity exceeding 30 persons shall be provided with at least 2 exits. The exit doors shall open in the direction of exit and shall not obstruct any part of any exit route by the swing of the doors. The lines of direct distance from any point in the room/ area/premises to the two exits shall form an angle of not less than 30.

iii. Normally, the minimum width of an exit route shall be not less than 1050mm and greater width would be required depending on the total capacity of the school and that particular floor in which the school is situated. The exit doors shall have a minimum width of not less than 750mm for capacity between 4-30 persons; and 850mm for capacity between 31-200 persons with a total width of 1750mm. Reference should be made to Table B2 of the FS Code for the detailed requirements.

iv. All required exit routes shall lead directly to a street and the staircase enclosure wall shall be so continued at G/F as to separate from the remainder of the building in accordance with Clause B9.1 of the FS Code. All exit

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Appendix 4a

routes shall have a clear height of not less than 2m and be kept free from obstruction. Every part of each exit route shall be provided with lighting of a horizontal illuminance at floor level of not less than 30 lux. The lighting can be a combination of natural and artificial lighting and should be backed up by an emergency lighting system that complies with the Code of Practice for Minimum Fire Service Installations and Equipment.

v. All exit doors shall be capable of being readily opened from the inside without the use of a key. In the event of power failure/ emergency, the automatic sliding doors shall stay open to the full width and the electrical locking device of the doors should be released automatically.

vi. Security shutters across exits must be kept open during school hours.

vii. A solid separation of 450mm should be provided between the school and the final discharge point of an exit staircase of a building. The FRR of the solid separation should be not less than that of the enclosure wall of the staircase.

viii. Where the direction of travel from an exit door of a room to a staircase is possible in one direction only (i.e. dead-end), the dead-end travel distance from any part of a room to a protected exit or a point, from which travel in different directions to 2 or more exits is available, is limited to 18m. In other cases where alternative exit routes are available in more than one direction, it may vary from 36m to 45m, depending on the fire resisting construction of the exit routes.

ix. For the purpose of assessing the adequacy of means of escape, the capacity of the school is determined based on the sum of the population of the classes and the number of staff employed. In case that the maximum class size is not marked on the submitted plans, the population of the class is assessed in accordance with Regulation 40 of the Education Regulations.

x. All exit routes and the treads of steps and required staircases should have slip- resistant surfaces. The edges of the tread of steps and staircases along the exit route should be conspicuous.

7. Minor Works Control System

a. With the enactment of the Buildings (Amendment) Ordinance 2008 and a set of new regulations, the B(MW)R has been made to introduce a new system, the MWCS to control the carrying out of minor works. Apart from the original system under

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Appendix 4a

which prior approval and consent of the BA have to be obtained for the carrying out of building works, a set of prescribed requirements that are simpler than the original system has been added to the BO by the above Amendment Ordinance and new regulations. The MWCS came into operation on 31 December 2010.

b. A new category of building works, namely “minor works”, and a new register of

“registered minor works contractors” (RMWC) for carrying out such minor works, have been introduced under the BO. In respect of minor works, the requirement to seek BA’s prior approval of plans and consent to the commencement of works can be dispensed with. Minor works are classified into three classes according to their nature, scale and complexity as well as the risk to safety they pose. Typical minor works associated with school premises include:

i. Removal of architectural projection, canopy, unauthorized floor slab or unauthorized structure;

ii. Erection, alteration, removal or strengthening of non-concrete canopy or supporting structure for an air-conditioning unit / water cooling tower;

iii. Erection, alteration or removal of drains;

iv. Erection, alteration or removal of internal staircase;

v. Formation or reinstatement of opening in a floor slab;

vi. Replacement of display surface, erection, alteration or removal of signboards;

and

vii. Construction, alteration, repair or removal of window or window wall.

c. Alternatively, applicants may also appoint an AP to make formal submission of plans for minor works together with other building works of larger scale to the BD for obtaining the requisite approval and consent prior to the commencement of such works.

d. The applicant should note that minor works violating the BO and its subsidiary regulations (including B(MW)R) are unauthorized building works and hence the application may not be accepted by the Permanent Secretary for Education. The BD will separately process the minor works submission and conduct audit checks to ascertain compliance with the statutory requirements and ensure the quality and standards of minor works. Should these minor works be not completed in compliance with the BO and its subsidiary regulations (for example, without

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Appendix 4a

appointment of prescribed building professional (if required) and/or prescribed registered contractor to carry out minor works), separate enforcement actions may be taken by the BD against such works. The applicant should note that the issue of a certificate under the Education Ordinance should not be construed as these minor works being completed in accordance with the BO and its subsidiary regulations.

e. Designated Exempted Works (DEW) are also introduced under the MWCS. They can be carried out without prior approval and consent to the commencement of works from the BD nor following the simplified requirements of MWCS. The typical DEW meeting certain criteria that are associated with the premises include:

i. Erection or alteration of wall signboard (including the replacement of the display surface);

ii. Removal of a wall signboard;

iii. Removal of supporting structure on ground or on a slab for air-conditioning units/ water cooling towers/ solar water heating systems/ photovoltaic systems;

iv. Erection, alteration or removal of canopies;

v. Erection, alteration or removal of metal supporting frame for an air- conditioning unit or any associated duct from external wall of building;

vi. Formation of an opening in a floor slab; and

vii. Reinstatement of an opening in a floor slab according to the original design.

f. More comprehensive guidance is available and can be obtained from BD’s website at www.bd.gov.hk

8. Unauthorized Building Works Affecting Public Safety

a. Unauthorized building works in premises under application for school registration may pose a risk to the safety of the staff, teachers and students. Applicants are therefore advised to exercise extreme care in selecting premises for school use, as the presence of unauthorized building works, such as unauthorized sub-division of a floor into separate units without the provision of protected internal corridor required in paragraph 5(b)(ii) above, unauthorized cockloft, unauthorized slab over staircase or cockloft void and unauthorized building works in common areas resulting in obstruction of means of escape from the

Guidelines for Extension of School Premises