Summary of BD Issues in 2011

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011 Summary of BD Issues in 2011 A Report fro...
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HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

Summary of BD Issues in 2011 A Report from Clement Chu & S S Yim HKIA Representatives to LDAC Building Subcommittee Tony Chan, Vincent Ng & Franklin Yu HKIA representatives to APSEC

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

1.0 Background

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

1.0 Background 1.1 BSC/APSEC •

HKIA representatives to BSC/APSEC



Representing HKIA to meet with BD on bi-monthly interval, chaired by the Director of Buildings

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

1.0 Background 1.2 BD Discussion Forum •

A bi-monthly gathering to meet with all the Area CBSs to discuss on informal basis common problems encountered in our day-to-day practice as AP. The Forum is chaired by AD/NB1 (Mr Sam Ho). Representatives from HKIE & HKIS also participate in the Forum.



All HKIA members are welcome to forward relevant issues for discussion and to attend the pre-forum meetings.



Regular attendants/ contributors are invited to attend the Forum.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

1.0 Background 1.3 Updates and Reports to Members •

HKIA’s representatives to APSEC/BSC have been communicating with HKIA members through summary of discussions in these meetings/forums. These reports are posted on the Buildings Committee’s webpage for members’ reference.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

2.0 Major Issues in 2011

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

2.0 Major Issues in 2011 2.1 Measures to Foster a Quality and Sustainable Built Environment - The Feedback Forum •

A Discussion Forum with BD will be arranged around February 2012 to exchange views on issues/problems encountered with the new “measures” since it’s implementation so far.



Members are encouraged to forward relevant cases and participate in the pre-forum meeting.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

2.0 Major Issues in 2011 2.1 Measures to Foster a Quality and Sustainable Built Environment - Extent of Application •

BD confirmed that the new “measures” as stated in PNAP APP-151 & 152 are not applicable if no GFA exemption is applied for. The new “measures” are applicable only if any ticked items in the list of GFA concessions in Appendix A of PNAP APP-151 are applied for.



BD has confirmed that A & A works not requiring submission of BA13 do not need to follow the SBD guidelines.



The new “measures” would be applicable if car park concession is applied under B(P)R 23(3)(b).

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

2.0 Major Issues in 2011 2.1 Measures to Foster a Quality and Sustainable Built Environment - Site Coverage of Greenery Requirement at Pedestrian Zone •



In Appendix E of PNAP APP-152, under the Site Coverage of Greenery requirement at pedestrian zone, the width of projecting peripheral planters is relaxed, provided there is a clear vertical height of 8 times the width of planters. BD advised that all projecting planters, including planters in the Tower portion, which comply with the relevant requirements in PNAP APP-19 (Projection in relation to site coverage and plot ratio) and other PNAPs, may be considered to be exempted from GFA calculations.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

2.0 Major Issues in 2011 2.1 Measures to Foster a Quality and Sustainable Built Environment - GFA and Site Coverage of Aboveground Car Parks •

BD confirmed that, as per current practice, car parks are considered non-domestic except for single family houses.



Covered L/UL on Ground floor, and open parking spaces, even at an upper level, are 100% exemptible.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

2.0 Major Issues in 2011 2.1 Measures to Foster a Quality and Sustainable Built Environment - Ramps in Logistic Centres •

• •

BD advised that large diameter ramps in logistics centres which provide direct access to the accommodations above ground floor are GFA accountable as they are considered to serve the same function as lifts for vertical transportation. L/UL at upper storeys above ground level and car parking spaces aboveground were exemptible for 50%.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

2.0 Major Issues in 2011 2.2 BD’s New Requirement on Proof of Ownership & New Rules on 2 Year Validity • • • • • • •

Announcement merely by circular letter on 20.10.2010 : concern of implementation of important policies via circular letter. HKIA responded via letters on 9.11.2010 and 21.3.2011. Problem of uncertainties of development, unforeseen circumstances such as vacant possession Reference to BO S39(2) which is based on superstructure consent. 100% ownership not favourable to small size development - may result in eradication of small developers BD is making a list of criteria for granting of extension to the 2 year period for projects with genuine difficulties. Response to HKIA is apparently being upheld by Judicial Reviews launched by REDA and some other developers on the two issues.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

2.0 Major Issues in 2011 2.3 Top Hung Windows BD reported that after consideration, the following criteria were adopted : • Operable extent to be 600mm clear (from bottom of sash to window frame), or the height of the window. • The requirements also apply to non-domestic buildings. BD may further consider if there were new and strong arguments. • The requirements only apply to buildings with first superstructure consent obtained after 12.8.2011.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

2.0 Major Issues in 2011 2.4 Information on Previous Rulings •

Upon continual request from HKIA, BD informed that they would not directly disseminate court cases, judicial decisions, etc. on buildings related matters.



However, BD is considering if such court cases had significant impact on buildings ordinance matter, they would post in BD’s website the hyperlinks to the database of those court cases.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

3.0 New/Proposed Legislations in 2011

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

3.0 New/Proposed Legislations in 2011 3.1 Minor Works Control System (MWCS) •

MWCS came into operation on 31 December 2010. There are certain minor works which were previously exempted works under the Buildings Ordinance that now required submission for commencement and/or record upon completion by RC.



For phased developments or buildings with OP recently issued but not yet handed over, there might be a lot of minor works not shown in the approved GBP because they were exempted under the old system.



BD also advised that the target response to drawings submission under MWCS Class I works would be within 7 days of submission. The audit would be within 28 days of application.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

3.0 New/Proposed Legislations in 2011 3.2 Mandatory Building Inspection Scheme (MBIS) and Mandatory Window Inspection Scheme (MWIS) •

The CoP is scheduled to be approved by the Legislative Council within 2011.



BD targets to implement the registration of Registered Inspector on 30.12 as 1st stage. The Schemes are targeted to commence at 2nd quarter of 2012.



BD supplements that the MBIS would also include Unauthorized Building Works (UBW), but the Inspector is only required to report to BD if such UBW is observed.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

3.0 New/Proposed Legislations in 2011 3.3 Revamp of Building (Construction) Regulations •

The amendment of B(C)R 17 regarding loading was effective on 1 August 2011. BD explained that such revisions should be considered as rationalization of loading requirements, and not a reduction in requirements.



For the application in A&A works, it would be considered on a case by case basis.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

3.0 New/Proposed Legislations in 2011 3.4 Proposed Revisions to the ‘Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations and Draft ‘Code of Practice for the Provision of Sanitary Fitments, Plumbing, Drainage Works and Wastewater Treatment Facilities’ •

The proposed amendment is to adjust the ratio of the male to female users for calculating the sanitary fitment provisions from 1:1 to 1: 1.5 for Shopping Arcades, Cinemas and Places of Public Entertainment.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

3.0 New/Proposed Legislations in 2011 3.4 (cont.) •

Based on a commissioned consultancy study, the recommendation to increase the provision of sanitary fitments for female was promulgated in PNAP ADV-28 (former PNAP 297) issued in May 2005. Since then, the ratio was proposed to be revised from 1:1 to 1:1.25 in 2008 upon receipt of further appeals.



Further appeals were received from the Legislative Councilors and other women associations for a further review with a view to further improving the sanitary fitment provisions for female users in shopping arcades, places of public entertainment and cinemas. According to BD, the ratio of 1:1.5 was proposed after a comprehensive review, with reference to other overseas standards including the British Standards on Sanitary Installations (BS 6465) as well as the report published by the Census and Statistics Department on "Hong Kong Population Projections 2010 - 2039" in July 2010.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

3.0 New/Proposed Legislations in 2011 3.5 Proposed Amendments to PNAP APP-37

on Curtain Wall, Window and Window Wall Systems •

BD advised that they intend to step up the quality control of tempered glass in view of frequently reported cases of spontaneous breakage. In addition of the submission of a RSE endorsed Quality Assurance Scheme, it was suggested to enhance the requirement of supervision of heat soak test in the factory by RSE/RC representatives. The RSE representative (TCP T3) would be required to cover at least 30% of the glass and the RC representative to cover 100%.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

3.0 New/Proposed Legislations in 2011 3.5 (Cont.) •



HKIA representatives opined that glass is a manufactured product and heat soak test is part of the manufacturing process but not a construction process, all responsibilities regarding glass tempering and heat soak processes should rest with the glass supplier and curtain wall/window contractor, and therefore expressed great reservation on this new supervision requirement due to its implied responsibility and the sheer impracticality, especially for products manufactured overseas. BD is also considering revision to relax the impact load test requirement for tempered glass acknowledging that the current impact load test performance requirements are only applicable to cases where there is a likelihood of a child running a distance and then hit the glass. For current projects justifications may be submitted on a case basis for relaxation of the requirement.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

3.0 New/Proposed Legislations in 2011 3.6 Draft Revised PNAP APP-2 (Calculation of GFA and Non-accountable GFA) In the draft PNAP, the following set of criteria for external cladding exemptible from GFA/SC calculations was proposed: •

External wall finishes of nominal thickness or claddings with overall thickness of not more than 90mm (75mm in the case of cladding to non-structural prefabricated external walls) as the external wall finishes may be disregarded for the purpose of measurement of dimensions under Regulation 23(3) of the B(P)R.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations 4.1 150mm Level Drop for Non-green (i.e.GFA Accountable) Balconies •

BD clarified that 150mm level drop was required for “green” balconies and not for covered “non-green” balconies, and it was still required for uncovered “non-green” balconies.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations 4.2 Peripheral Planters on Car Parking Floors •

For peripheral planters on car parking floors (both under cover and projecting cases) that were exempted from GFA calculations, BD ‘restricts’ their maximum width to be 500mm, which, however, could not fulfill the requirements imposed by other government departments for planting or greening purposes.



BD clarified that from the perspective of B(P)R 23(3)(a), 500mm wide planters may be exempted but larger dimensions needed to be reviewed on a case-by-case basis in the BC.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations 4.3 Exemption of Communal Gardens and Covered Landscaped and Play Areas on Ground Level from GFA Calculations •

While communal gardens and covered landscaped and play areas on the podium are exemptible from GFA calculations, when those areas are at the ground or street level, they are exemptible for some cases (usually in the NT) and not for others.



BD clarified that, subject to the decision in BC, the granting of such exemption would be favourable if they are not attached or adjacent to any commercial elements. BD also reminded that MOE areas (e.g. escape routes through those areas) could not be exempted.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations 4.4 Retractable Awnings •

Retractable awnings are not currently treated as building works and accountable for GFA.



BD stated that retractable awnings, which are sometimes installed at podium roof, are not removable and are not exempted from complying with the regulations, and, therefore, they are accountable for GFA.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations 4.5 Thickness of Cladding on Prefabricated External Walls •

The 150mm thickness of prefabricated external walls exemptible from GFA and SC calculations could not cater for cladding on the walls, especially stone cladding.



BD, upon discussion agreed that a maximum thickness of 225mm, consisting of 150mm for structure and 75mm for finishing/cladding, will be exemptible.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations 4.6 Top Rail for Glass Protective Barriers •

In PNAP APP-110, free-standing glass protective barriers designed as “panic barriers” are required to have a top rail attached to the glass in the prescribed manner, and members requested BD to advise when such top rail was required.



BD clarified that such top rail is only required for public areas, such as schools, shopping arcade. It is not necessary for “private” areas like single family units and houses etc., including balconies of each flat.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations 4.7 Protective Barrier for Internal Staircases •

In B(C)R 8 that protective barriers are required “at the outer edge of all balconies, verandahs, staircases, landings or projections, or where there is a difference in adjacent levels greater than 600mm”.



BD clarified that structural submissions would be necessary only for barriers at proper floors, and such requirements would not apply to internal railings along staircases unless there was a level difference greater than 600mm.



BD also clarified that 150mm kerbs are not required for staircases or parts of staircases (e.g. small landings).

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations 4.8 Waiving of Openable Window Requirement in Rooms Containing Waste Fitments •

BD had accepted in some projects that the air change rate for mechanical ventilation (in lieu of openable windows) of a room containing only waste fitments to be reduced from 10 ACH to 6 ACH, on condition that the waste fitments discharged into a separate stack independent from the soil stack.



BD advised that they are prepared to consider each situation on a case-by-case basis, with the prerequisite being separation of the waste stack from the soil one. Possible scenario include : - A hotel room with only a coffee sink in the room - A sink in an unenclosed pantry of an office - A room containing only a slop sink - An art room in a school with only a wash basin - A hospital ward/room with only a hand wash basin

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0 Clarifications of Legislations 4.9 Exhaust Pipes from Toilets Opening onto Balconies •

The exhaust pipes for mechanical ventilation from enclosed toilets could not discharge onto balconies in the revised JPN No.1 issued on 31 January 2011.



BD explained that exhausting onto balconies was undesirable for people using the balconies and hence is not allowed.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0

Clarifications of Legislations

4.10 Reduction Factor for MOE Staircases with U-turned Flights •

Per paragraph 15.6 of the MOE Code, reduction factor did not apply to scissor staircases with an intermediate landing between consecutive floors.



BD confirmed that this was true regardless of the configuration of the landing in relation to the flights of stairs, e.g. scissor staircases with U-turned flights on the same side of the intermediate landings.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0

Clarifications of Legislations

4.11 Raised Floor Systems More Than 600mm High •

BD stated that since there would be a risk of falling, raised floor systems higher than 600mm were required to be fire-rated. If such height is required but the requisite fire rating could not be achieved, e.g. in data centres, modification could be applied for consideration on case-by case basis.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0

Clarifications of Legislations

4.12 Location of Drainage Channels outside

Internal Areas •

PNAP APP-125 allows the provision of additional drainage channels and a fall on the flat roof or external ground adjoining internal/usable floor area, instead of a 150mm level drop between an internal floor and an external ground/flat roof, as required under B(C)R 35 and 49(1). It is not stated clearly where the additional channels should be located.



An example is the entrance door to a residential lift lobby on the covered podium floor where a large and deep canopy had effectively shifted the external ground line away from the opening/entrance.



BD clarified that the locations of the required channels would depend on the individual situations, but they were preferred to be at the doors.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0

Clarifications of Legislations

4.13 Dimensions of Pipe Ducts •

Paragraph 3(b) of PNAP APP-093 required that internal common soil and waste stacks be housed in pipe ducts having access of not less than 600mm x 2000mm. In case the width of a pipe duct was smaller than 600mm, it would not be possible to have such an access door.



BD clarified that pipe ducts needed access doors for maintenance, and hence required doors of 600mm minimum width and 700mm space for maintenance in front.



There is also query whether a pipe duct containing only a common stack serving the drains from two balconies on the external wall was considered an internal common pipe duct under the PNAP.



BD advised that perforated casing for pipes on external walls was not a pipe duct and the requirements in the PNAP are not applicable.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0

Clarifications of Legislations

4.14 Dimensions of Refuse Storage and Material Recovery Room (RS & MRR) •

In the approval of GBP, the maximum dimensions of a RS&MRR exemptible from GFA calculations were usually 1500x1500, which were considered too tight for putting in all the required provisions.



BD advised that the exemptible dimensions could be flexibly considered. Some members remarked that to get credits under BEAM Plus, a RS&MRR larger than 1500x1500 would be required.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0

Clarifications of Legislations

4.15 Floor Numbering •

The allowable omission of floors was detailed in PNAP ADV-3. However, while accepting the GBP, FSD would remark that the omission of 4/F, 13/F, 14/F, etc. was undesirable, which conflicts with said PNAP.



BD advised that FSD had different considerations and requested the concerned APs to convey FSD comments to the developers. BD remarked that issuance of OP would not be affected if the PNAP was followed.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0

Clarifications of Legislations

4.16 Site Coverage for A&A Projects •

For some A&A projects involving the extension of void or lift overrun from podium non-domestic floors to domestic floors above, the allowable site coverage above the podium might be slightly exceeded.



BD advised that site coverage calculations should be made. If the allowable figure was exceeded, an application for modification could be submitted, and the application would be considered on a case-by-case basis.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0

Clarifications of Legislations

4.17 Ramps for Urinal in Toilets Used by Ambulant Disabled Persons •

For toilets where a disabled toilet was provided on the same floor, BD had required, in some cases, ramp access to such urinal for “normal” toilets to cater for ambulant disabled persons. Members queried the necessity for such provision, as ambulant disabled persons did not use wheelchairs.



After round of discussions, BD finally confirmed that it is not necessary to provide ramps for accessing urinals used by persons with ambulant disabilities, and the corresponding description in Figure 25 in BFA Design Manual would be amended accordingly.

HKIA/ARB Intensive CPD Seminar : Update on Local Practice Issues that Architects should Know on 17 Dec 2011

4.0

Clarifications of Legislations

4.18 Dimensions of Wheelchair Maneuvering Space in Disabled Toilets •

Clause 48 of the BFA Design Manual 2008 required a 1.5m x 1.5m wheelchair maneuvering space within a disabled toilet but the diagram in Appendix B3 indicated a 1.5m turning circle only.



BD clarified that a 1.5m x 1.5m space was required.

Thank You

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