Cap. 56activeordinance

Boilers and Pressure Vessels Ordinance

鍋爐及壓力容器條例

Full legislation

s.33

Issue of certificates of fitness

(1)
Save as otherwise provided, a certificate of fitness in respect of a boiler or pressure vessel shall be
issued—
(a)
in the case of a boiler, only under the hand of the appointed examiner who examined the boiler when it was under the pressure that will be specified in the certificate of fitness as its maximum permissible working pressure; or
(b)
in the case of a pressure vessel, only under the hand of the appointed examiner who examined the pressure vessel when it was under the pressure that will be specified in the certificate of fitness as its maximum permissible working pressure or who carried out the pressure accumulation test.
(2)
(a)
Subject to the provisions of subsection (1) and without prejudice to any other provisions of this Ordinance, an appointed examiner may issue a certificate of fitness in respect of a boiler or pressure vessel notwithstanding that every part of the examination in question or every test required by this Ordinance to be carried out during such examination has not been carried out by him if he is satisfied that those parts of the examination in question that have not been carried out by him have been carried out in accordance with this Ordinance and that those tests of the boiler or pressure vessel, as the case may be, or its auxiliary equipment that have not been carried out by him have been carried out in accordance with this Ordinance and that the results thereof were satisfactory.
(b)
Where, pursuant to paragraph (a), a certificate of fitness is issued by an appointed examiner who has not carried out the whole of the examination of the boiler or pressure vessel or all of the tests thereof, each appointed examiner by whom a part of the examination was carried out or by whom some of the tests were carried out shall enter in the certificate of fitness particulars as to the part of the examination, or as to the tests, that he carried out.
(3)
Where, upon an examination of a boiler or pressure vessel for the purposes of this Ordinance, the appointed
examiner—
(a)
who has carried out the examination in accordance with this Ordinance and has carried out such tests of the boiler or pressure vessel or its auxiliary equipment as are required by this Ordinance to be carried out; or
(b)
who, not having carried out the whole of the examination or not having carried out some or all of the tests of the boiler or pressure vessel or its auxiliary equipment required by this Ordinance to be carried out, has carried out the examination of the boiler or the examination or test of the pressure vessel specified in subsection (1),
is
satisfied—
(i)
that the boiler or pressure vessel, as the case may be, and, in the case of a boiler or steam receiver, its auxiliary equipment and, in the case of an air receiver, its fittings and attachments are in safe working order or that, subject to the conditions that will be specified in the certificate of fitness, the boiler or pressure vessel may safely be used and operated having regard to the pressure to be specified in the certificate or fitness as the maximum permissible working pressure at which the boiler or pressure vessel may be operated; and
(ii)
in the case of a steam receiver, that the steam receiver and the pipe connecting the steam receiver with any supply of steam are of sufficient strength to withstand any pressure of steam to which they may be subjected; and
(iii)
in the case of an air receiver, that the air receiver and the pipe connecting the air receiver with any supply of air are of sufficient strength to withstand any pressure to which they may be subjected,
he shall issue to the owner of the boiler or pressure vessel a certificate of fitness, and, where, upon such an examination, such appointed examiner is not satisfied as to any of the matters set out in paragraph (i), (ii) or (iii), he shall refuse to issue a certificate of fitness.
(4)
(a)
Every certificate of fitness shall be in the prescribed form and shall contain the particulars required thereby.
(b)
The pressure specified in a certificate of fitness as the maximum permissible working pressure at which the boiler or pressure vessel to which the certificate relates may be operated shall be the maximum permissible working pressure determined in accordance with Part VI or such lesser pressure as the appointed examiner by whom the certificate is issued considers necessary for the safe operation of the boiler or pressure vessel, having regard to its age, general condition or history or the quality of the workmanship used in its construction or in any repairs that have been carried out in respect thereof.
(5)
In any certificate of fitness issued by him for the purposes of this Ordinance, an appointed examiner may specify such conditions with respect to the repair of the boiler or pressure vessel to which the certificate relates as he considers necessary for its continued safe working.
(6)
Whenever an appointed examiner issues a certificate of fitness, he shall also deliver to the owner of the boiler or pressure vessel 2 copies of the certificate and, within 7 days after the copies are delivered to him, the owner shall deliver them to the Authority.
(7)
Whenever an appointed examiner refuses to issue a certificate of fitness, he shall, in writing, notify the Authority as soon as practicable of the circumstances in which he has refused to issue the certificate.