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[接上页] (2) The register of contractors shall be kept in such form and shall contain such particulars as the Director thinks fit. (3) A certified copy of an entry in the register of contractors, or a certificate to the effect that a named person is not included in the register, issued under the signature of the Director shall, in the absence of evidence to the contrary, be accepted as proof in any proceedings of the facts stated in the certificate. (Enacted 1995) Cap 470 s 7 Procedure on application for registration (1) Every application for inclusion in the register of contractors shall be made to the Director in the form specified by him and shall be accompanied by the prescribed fee. (2) The Director shall not include a person in the register of contractors unless he is satisfied that, in the case of- (a) an individual, he is a competent worker or else employs at least one competent worker; (b) a company, it employs at least one competent worker; (c) a partnership, at least one partner is a competent worker or the partnership employs at least one competent worker.(3) In considering an application under subsection (1), the Director may require the applicant to submit such further particulars as the Director may require and shall have regard to the qualifications and experience of- (a) the applicant, if an individual who, or partnership which, does not employ a competent worker; or (b) competent workers employed by the applicant to supervise and carry out the lift work.(4) The Director shall, within 3 months of his receipt of an application under subsection (1) or such further particulars as he may require under subsection (3)- (a) where he is of the opinion that the applicant, if applicable, and any persons employed by the applicant are qualified and experienced in accordance with subsection (2), include the name of the applicant in the register of contractors and shall issue to the applicant a certificate in the specified form; or (b) where he is of the opinion that the applicant, if applicable, and any persons employed by the applicant are not qualified and experienced in accordance with subsection (2), refuse the application and notify the applicant in writing of his refusal.(5) Any person whose application for inclusion in the register of contractors is refused may, within 1 month of the date of notification to him of the refusal, appeal to an appeal board by submitting the appeal to the Director. (6) Registration under this section shall be effective for a period of 3 years and, where a person wishes to continue to be registered, he shall, at least 3 months before the registration would otherwise cease, apply for re-registration in the form specified by the Director and pay the prescribed fee. (Enacted 1995) Cap 470 s 8 Removal from register The Director may remove from the register of contractors the name of any person who- (a) dies; (b) ceases, for any reason, to be a contractor; (c) ceases to be qualified for inclusion under section 7 in such register; or (d) ceases to employ at least one competent worker, unless the registered contractor is an individual who is a competent worker or a partnership one of the partners of whom is a competent worker. (Enacted 1995) Cap 470 s 9 Duties of registered contractor and registered examiner PART IV SAFETY AND DESIGN REQUIREMENTS A registered contractor and a registered examiner in carrying out his responsibilities under this Ordinance shall ensure that the following requirements are complied with- (a) that a builder's lift or tower working platform- (i) is of good design and construction; (ii) has adequate mechanical strength for the purpose for which it is intended to be used; (iii) is properly installed, adequately supported and securely anchored;(b) that a builder's lift has a gate of robust construction- (i) for the lift cage; and (ii) at every point at which there is access to the liftway, and that all gates are kept in good working condition and a proper state of repair;(c) that a builder's lift has both electrically and mechanically operated locking devices on all gates referred to in paragraph (b) and that all such locking devices are kept in good working condition and a proper state of repair; (d) that a platform has a fence around its perimeter of robust construction with a minimum height of 1 metre, and that the fence is kept in a proper state of repair; (e) that the lift cage or platform, as the case may be, has an overload sensing device which, when activated- (i) renders the builder's lift or tower working platform inoperative; and (ii) sounds an audible alarm, and that the overload sensing device is kept in good working condition and a proper state of repair;(f) that the lift cage is of robust design and capable of safeguarding passengers against shearing and crushing by objects outside the lift cage, and that the lift cage is kept in a proper state of repair; (g) that the suspension device of a builder's lift or tower working platform, including the rack and pinion suspension system or rope suspension system and, where applicable, the suspension system for the counterweight, is kept in good working condition and a proper state of repair; |