Drugs Dependent Persons

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Drugs Dependent Persons Treatment and
Rehabilitation Centres (Licensing) Ordinance
13 February 2004
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(I) The Drug Dependent Persons Treatment and
RehabilitationCentres (Licensing) Ordinance
the Ordinance

• The Ordinance comes into operation on 1st April
  2002. Under the Ordinance, all treatment centres
  Centres are subject to a licensing regime to
  ensure, amongst others, the safety and well-being
  of the inmates and occupant of the Centres.

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(I) The Drug Dependent Persons Treatment and
RehabilitationCentres (Licensing) Ordinance
the Ordinance

• Buildings Department BD offers advice on
  applications for registration to Social Welfare
  Department in regard to the suitability of the
  premises in the following areas
• (i) Structural safety
• (ii) Fire resisting construction
• (iii) Means of escape and access for fire
  fighting and rescue
• (iv) Lighting and ventilation
• (v) Provision of sanitary fitments and
• (vi) Unauthorized building works affecting
  public safety.

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Locking device to room with normal occupancy

• The locking device installed to an exit door of a
  room having normal occupancy shall be of the type
  which is capable of being readily opened from the
  inside without the use of a key. An electrically
  operated locking device is acceptable provided
  that such lock is capable of being readily opened
  from the inside, and upon power failure, the
  electrical locking device shall also be released
  automatically.

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Locking device to room with normal occupancy

• Store room, plant room, etc. are regarded as not
  carrying normal occupancy. However, in case
  there is clear indication from the Operator that
  a store room / plant room is used for restraining
  person(s) therein, locking device installed at
  the door of such store room / plant room shall
  comply with the aforesaid requirements.

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Village-type-houses VTH or New
Territories exempted houses NTEH

• Premises located in a VTH or NTEH are not
  constructed to the current standards and carry
  inherent deficiencies in terms of means of escape
  provision and storey headroom. There are
  practical difficulties in up-grading VTH or NTEH
  to achieve full compliance with the current
  standards / codes of practice.

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Exit staircase in VTH /NTEH

• BD has reviewed the situation. BD is prepared to
  adopt a pragmatic and practical approach on the
  means of escape requirements for those Centres
  that have been in operation prior to the coming
  into effect of the Ordinance and subject to
  Certificate of Exemption CoE and are located
  in VTH / NTEH, provided that
• (i) The existing staircase is having a minimum
  clear headroom of not less than 2000mm

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Exit staircase in VTH /NTEH

• The existing staircase is without any winder
• The existing staircase is properly enclosed by
  fire resisting construction / materials, and its
  elements of construction are non-combustible and
  
• (iv) The existing staircase is leading direct to
  a street or open area at ground floor level

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Exit staircase in VTH /NTEH

• BD will accept the existing staircases in these
  Centres as if they comply with the following
  requirements
• (i) The existing staircase should have a minimum
  clear width of not less than 900mm
• (ii) Reasonable allowance would be given to
  maximum height of 175mm for risers and the
  minimum width of 225mm for treads of the
  staircase

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Exit staircase in VTH /NTEH

• (iii) Doorway communicating with the staircase
  at its final discharge point at ground floor
  level would be allowed subject to
• a. The whole building is owned / rented by the
  Centre
• b. The ground floor doorway of the staircase is
  not leading to a kitchen or places of high fire
  risk (such as LPG chambers, pantry with cooking
  activities)
• c. The ground floor doorway is protected by door
  which is capable of self-closing and having an
  fire resisting period of not less than half an
  hour and
• d. The means of escape provision of the whole
  building is adequate (i.e. the staircase width is
  adequate, and access to the roof is
  unobstructed).

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Storey headroom requirement for VTH / NTEH

• BD is also prepared to adopt a pragmatic and
  relaxed approach on the lighting and ventilation
  requirements listed below towards those Centres
  that have been in operation prior to the coming
  into effect of the Ordinance and subject to CoE
  and are located in VTH / NTEH

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Storey headroom requirement for VTH / NTEH

• Subject to the provision of adequate artificial
  lighting and mechanical ventilation to the
  satisfaction of the Building Authority, existing
  Centres located in VTH or NTEH with storey
  headroom less than 2500mm (from floor to
  underside of ceiling) or 2300mm (from floor to
  underside of beam) would be favorably considered
  as acceptable in the context of paragraph 5.6.1
  of the Code of Practice for Drug Dependent
  Persons Treatment and Rehabilitation Centres
  issued by the Director of Social Welfare.

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( VI) Unauthorized Building Works UBW

• Premises / structures of the Centres come within
  building / building works as defined in the
  Buildings Ordinance BO (Cap. 123), and they
  require approval and consent from the Building
  Authority prior to the commencement of their
  construction.

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(VI) Unauthorized Building Works UBW

• Premises / structures of the Centres which were
  constructed without having obtained prior
  approval and consent necessary under the BO (Cap.
  123) are objectionable UBW and are unsuitable for
  licensing, unless these premises / structures are
  exempted under the previous or current editions
  of the Buildings Ordinance (Application to the
  New Territories) Ordinance and Regulations which
  are administered by the Director of Lands.
• Prior to the issue of a licence, all
  objectionable UBW affecting the Centre shall be
  removed.

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(VII) Expert Opinion

• For premises / structures of the Centres not
  complying with the building and accommodation
  requirements laid down in the Code of Practice
  for Drug Dependent Persons Treatment and
  Rehabilitation Centres the Code of Practice,
  the Licensing Authority may require the
  submission of an Expert Opinion by an Authorized
  Person AP and / or Registered Structural
  Engineer RSE within two years after the issue
  of the first Certificate of Exemption the
  CoE.

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(VII) Expert Opinion

• In the Expert Opinion, the AP and / or RSE should
  give his view on whether the premises /structures
  of the Centres would pose undue hazards from fire
  safety and structural stability.
• The Operator and his AP / RSE are reminded to
  read through the Guidance Notes on Submission of
  Expert Opinion enclosed with the CoE, where
  appropriate, issued to the Centres.

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(VIII) Pre-submission Enquiry

• For any re-development proposal, settling the
  design principles involved at an early stage will
  help the re-development to proceed with
  confidence and avoid any abortive work later on.
• To facilitate early clearance of basic design
  principles, BD will upon a written enquiry from
  the Operators AP provide a determination on the
  matters involved.

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(VIII) Pre-submission Enquiry

• BD will solicit comments on the written enquiry
  from related departments such as Fire Services
  Department and Lands Department which will also
  be conveyed to the Operators AP.
• It is recommended that the Operators AP should
  make use of this facility as early as possible on
  issues and principles involved.
• Guidelines to Pre-submission Enquiry can be
  found in Practice Note for Authorized Persons and
  Registered Structural Engineers No. 272 PNAP
  272 issued by BD.

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Q A Session