Replies to LegCo questions
LCQ17: Water dripping and hot air emitted from air-conditioners
Following is a question by the Hon Mrs Regina Ip and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(April 21):
Question:
The leaflet of "Maintain Your Air-conditioner to Prevent Nuisances and Related
Diseases" on the website of the Food and Environmental Hygiene Department (FEHD)
points out that under the Public Health and Municipal Services Ordinance (Cap.
132), a person shall be guilty of an offence if he allows his ventilating system
to emit hot air or to discharge water in such a manner as to be a nuisance. The
penalty is $10,000 and a daily fine of $200. As stipulated in section 12(1)(g)
of Cap. 132, the emission of air either above or below the temperature of the
external air from the ventilating system in any premises in such a manner as to
be a nuisance shall be a nuisance which may be dealt with summarily. Some
members of the public have told me that they had complained to FEHD about
nuisances caused by hot air emitted from air-conditioners. However, its staff
pointed out that FEHD would request the persons concerned to abate the nuisances
only when the temperature of the hot air emitted from the air-conditioners was
higher than that of the external air by more than 2 degrees Celsius. In this
connection, will the Government inform this Council:
(a) of the criteria based on which the authorities use the 2 degrees Celsius
temperature difference as the yardstick for determining whether or not the air
emitted from ventilating systems constitutes a harmful nuisance;
(b) given that some members of the public who are affected by such nuisances
have pointed out that the minimum temperature difference which can be read by
the detection devices used by frontline government departments is only 0.5
degree Celsius, how such departments deal with cases of the temperature
difference being slightly higher than 2 degrees Celsius (such as 2.2 degrees
Celsius) but less than 2.5 degrees Celsius;
(c) whether such departments have issued guidelines requiring their staff to
conduct examinations only after the air-conditioners suspected to be the source
of nuisances have been turned on for some time so that the level of nuisances
can be determined more accurately, and whether they have provided guidelines on
the location for measuring the level of nuisances; and
(d) given that some members of the public have pointed out that at present, when
FEHD handles complaints about water dripping from air-conditioners, so long as
water is found to have dripped or to be dripping from the air-conditioners
concerned, it will follow up with the owners or tenants concerned in accordance
with Cap. 132 regardless of the quantity of water dripping, of the reasons and
justifications for handling complaints about emission of hot air and dripping
water from air-conditioners in different manners?
Reply:
President,
(a) Section 12(1)(g) of the Public Health and Municipal Services Ordinance (Cap.
132) specifies that the Food and Environmental Hygiene Department (FEHD) may
deal with the emission of air either above or below the temperature of the
external air from the ventilating system in any premises in such a manner as to
be a nuisance summarily pursuant to Section 127 of the same Ordinance. However,
the Ordinance does not define a standard on what level of hot air generated from
the operation of an air-conditioner would constitute a nuisance. As the feelings
and reactions towards hot air vary from one person to another, there is at
present no scientific and objective standard available to determine what level
of hot air emitted from an air-conditioner would constitute a nuisance. The FEHD
continues to adopt the 2 degrees Celsius temperature difference laid down by the
former Urban Services Department as an indicator for actions to handle
complaints.
(b) At present, the staff of FEHD uses electronic digital thermometers to
investigate complaints against emission of hot air from air-conditioners. The
unit of measurement and temperature reading of electronic thermometers are set
at 0.1 degree Celsius. As such, it is not accurate to say that the minimum
temperature difference which can be read by the detection devices used by the
FEHD is 0.5 degree Celsius.
(c) During the investigation process, FEHD staff will, based on the information
provided by the complainant including the operational condition and time of the
air-conditioner alleged to be the source of nuisance, enter the complainant's
flat and measure the temperature difference at the affected place caused by the
air-conditioner in question when it is in operation. If the temperature of the
hot air emitted from the air-conditioner causes the air of the complainant's
flat to rise by more than 2 degrees Celsius, the FEHD will issue a "Nuisance
Notice" to the owner/tenant of the premises installed with the air-conditioner,
requiring the owner/tenant to abate the nuisance within a specified period of
time. For cases where the temperature difference is less than 2 degrees Celsius,
the FEHD will also advise the persons concerned to adopt measures appropriate to
the circumstances of individual cases to reduce possible nuisance caused to the
complainants. Such measures may include installing devices to adjust the
direction of hot air emission from the air-conditioner.
(d) The nature of nuisances caused by water dripping from air-conditioners is
different from that caused by hot air emitted from air-conditioners, and
therefore the standards adopted by the FEHD in handling various types of
nuisance are different accordingly. Water dripping from air-conditioners,
regardless of the dripping volume, causes nuisance to others directly. For
instance, dripping would wet passers-by, and water dripping onto the canopy or
air-conditioner hood downstairs would cause noise nuisance. In the light of
this, when the FEHD handles complaints concerning water dripping, it will,
pursuant to Section 127 of the Public Health and Municipal Services Ordinance,
issue a "Nuisance Notice" to the owner concerned once it finds that an
air-conditioner under complaint causes nuisance to the public as a result of
water dripping during its normal operation.
Ends/Wednesday, April 21, 2010
Issued at HKT 17:43
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