Page:Buildings Energy Efficiency Ordinance (Cap. 610).pdf/25

29. Powers of authorized officers

(1) An authorized officer may, for the purposes of ascertaining whether this Ordinance has been or is being complied with—

(a) subject to subsection (3), enter during reasonable hours any part of a prescribed building (including a prescribed building under construction) that is not for residential use;

(b) inspect, examine, monitor and test any building services installation in a prescribed building;

(c) require the responsible person of any prescribed building or any unit of a prescribed building or any person who has been involved in the installation of any building services installation in any prescribed building to produce—

(i) any document relating to the building services installations in the building including any drawing, test record on the energy efficiency performance of the building services installations, purchasing order and works contract; or

(ii) any other document, information or article that the officer reasonably believes to be relevant to an offence or a suspected offence under this Ordinance; and

(d) take a copy of any drawing, record, order, contract, document or information referred to in paragraph (c).

(2) An authorized officer may take with him or her any assistant and equipment as may be necessary for the exercise of any power under subsection (1).

(3) The power conferred by subsection (1)(a) may not be exercised unless—

(a) the Director has given at least 14 days’ notice to the responsible person of the relevant part of the prescribed building;

(b) the Director has given shorter notice to which the responsible person agrees; or

(c) the responsible person agrees to waive any notice.

(4) A notice given under subsection (3) must state the reason for the proposed entry.

(5) A person who, without reasonable excuse—

(a) fails to comply with a requirement made under subsection (1)(c); or

(b) obstructs any authorized officer or any assistant referred to in subsection (2) in the exercise of any power under this Ordinance,

commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.