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1 - HKU Libraries - The University of Hong Kong

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uilding works. This legislation does not howeverempower the BA to disapprove building plans because EVAis not available to a site. <strong>The</strong> D <strong>of</strong> FS, when beingconsulted on these plans, can reflect his concern on theinadequacy or lack <strong>of</strong> such access due to topographicalconstraints. <strong>The</strong> BA has from time to time invoked theresidual planning power under Section 16(1) (g) <strong>of</strong> the BOto restrict development on sites without vehicularaccess. However, such application has not had thesupport <strong>of</strong> the Buildings Appeal Tribunal (see furtherdiscussion in paras. 4.28 - 4.37 below).LIMITATIONS OP FSO AND BO ON EVA MATTERSSection 2 <strong>of</strong> the FSO4.14 Section 2 <strong>of</strong> the FSO provides, inter alia, thatx fire service installation or equipment 7 only means "anyinstallation or equipment manufactured, used or designedto be used for the purposes <strong>of</strong> -(a) extinguishing, attacking, preventing orlimiting a fire;(b) giving warning <strong>of</strong> a fire;(c) providing access-to any premises or placefor the purpose <strong>of</strong> extinguishing,attacking, preventing or limiting a fire."4.15 <strong>The</strong> D <strong>of</strong> FS cannot therefore cite the aboveinterpretation <strong>of</strong> thex fire service installation orequipment' as grounds to decline the issue <strong>of</strong> acertificate to the BA under Section 16(1) (b) <strong>of</strong> the BO.Accordingly, all the building plans received by the BAmust be dealt with only in terms <strong>of</strong> the requirements <strong>of</strong>Section 16(1) <strong>of</strong> the BO which, legally speaking, onlydeals with FSI and not EVA matters.4.16 Section 2 <strong>of</strong> the FSO also defines *fire hazard'as one being as follows -"any other matter or circumstance whichmaterially increases the likelihood <strong>of</strong> fire orother calamity or the danger to life orproperty that would result from the outbreak <strong>of</strong>fire or the occurrence <strong>of</strong> any other calamity,or which would materially hamper the Fire- 35 -

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