Statute Details
- Title: Fire Safety (Flammable Refrigerants — Exemption) Order 2013
- Act Code: FSA1993-S544-2013
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Fire Safety Act (Cap. 109A)
- Enacting Power: Made in exercise of powers conferred by section 53 of the Fire Safety Act
- Citation: Fire Safety (Flammable Refrigerants — Exemption) Order 2013
- Commencement: 1 September 2013
- Status / Version: Current version as at 27 March 2026
- Key Provisions: Section 1 (citation and commencement); Section 2 (definitions); Section 3 (exemption for storage/keeping); Section 4 (labelling requirements)
- Notable Amendment: S 493/2023 (effective 31 December 2021)
What Is This Legislation About?
The Fire Safety (Flammable Refrigerants — Exemption) Order 2013 (“the Order”) creates a targeted exemption from licensing requirements under the Fire Safety Act for certain activities involving flammable refrigerants stored inside air-conditioners and refrigerators. In plain terms, it recognises that many modern cooling appliances contain small quantities of flammable refrigerant, and it allows these appliances to be stored or kept without a licence—provided strict conditions are met.
The Order does not repeal or broadly relax fire safety regulation. Instead, it carves out a narrow “licence exemption” for a defined scenario: the storage or keeping of flammable refrigerant within an air-conditioner or refrigerator, where the quantity is limited and the refrigerant is actually used to run the appliance. This approach balances fire safety objectives with practical commercial realities for suppliers and businesses handling cooling equipment.
Crucially, the exemption is conditional. For suppliers, the exemption depends on compliance with labelling requirements designed to inform users, service personnel, and repair workers about the presence of flammable refrigerant and the associated risks and safe handling/disposal information.
What Are the Key Provisions?
Section 1 (Citation and commencement) confirms that the Order may be cited as the Fire Safety (Flammable Refrigerants — Exemption) Order 2013 and that it came into operation on 1 September 2013. For practitioners, this matters when assessing historical compliance and whether conduct occurred within the regulatory framework created by the Order.
Section 2 (Definitions) is central because the exemption turns on whether the item and substance fall within the defined terms. The Order defines:
- “air-conditioner”: a self-contained assembly delivering conditioned air, including hermetically sealed refrigeration components, air circulation/cleaning means, and a drain arrangement for condensate.
- “refrigerator”: a self-contained hermetically sealed cabinet for storing/cooling foodstuffs or other material above 0°C, with a vapour compression refrigerating unit extracting heat from within the cabinet.
- “flammable refrigerant”: any class of petroleum or flammable material used as a cooling substance in an air-conditioner or refrigerator.
- “supplier”: a person who stores or keeps an air-conditioner or refrigerator containing flammable refrigerant for use in running the appliance, and who supplies it to another in the course of trade or business.
These definitions are not merely descriptive; they determine whether a business activity is within scope. For example, the refrigeration components must be hermetically sealed for the appliance to qualify as an “air-conditioner” or “refrigerator” under the Order’s framework. Similarly, the “flammable refrigerant” definition is substance-based and broad (“any class of petroleum or flammable material”), which increases the importance of accurate identification of the refrigerant type used in the appliance.
Section 3 (Exemption of flammable refrigerants in certain circumstances) provides the operative exemption. Subject to Section 4, the storage or keeping of flammable refrigerant in an air-conditioner or refrigerator by any person is exempt from the requirement for a licence under section 78 of the Fire Safety Act if two conditions are satisfied:
- Quantity limit: the amount of flammable refrigerant stored or kept in the air-conditioner or refrigerator is not more than 150 grams.
- Purpose/use condition: the flammable refrigerant is used in the running of the air-conditioner or refrigerator.
Practically, this means the exemption is designed for appliances where the refrigerant is part of the normal functioning of the unit, rather than refrigerant stored separately or in a manner not intended for use in running the appliance. The “not more than 150 grams” threshold is per appliance (as framed by “in any air-conditioner or refrigerator”), which is important for inventory and compliance calculations.
Section 4 (Labelling requirements) adds a further condition for suppliers. The exemption under Section 3 applies to a supplier only if and only if every air-conditioner or refrigerator stored or kept by that supplier which contains flammable refrigerant and is to be supplied to another in the course of trade or business is labelled in accordance with the labelling requirements (or an approved alternative arrangement).
Section 4(2) requires labels to be affixed and remain affixed so as to be clearly visible from three specified locations: the front of the appliance, the user access area, and the repair access area. This is a compliance design feature: it ensures that both end-users and technicians can readily see the warning information during normal use and servicing/repair.
Section 4(3) specifies label content. Labels must include:
- A triangular warning sign in accordance with applicable ISO standards for flammable material warning labels, stating the name of the flammable refrigerant.
- Information on flammability risks, safe handling, servicing, and disposal of the appliance, in both English and Chinese.
From a legal risk perspective, the “if and only if” wording indicates that partial compliance may jeopardise the exemption. For suppliers, the labelling regime is therefore not optional or merely best practice; it is a condition precedent to the exemption applying to them.
How Is This Legislation Structured?
The Order is structured as a short instrument with four substantive parts:
- Section 1: citation and commencement.
- Section 2: definitions of key terms (air-conditioner, refrigerator, flammable refrigerant, supplier).
- Section 3: the exemption rule—licence exemption for storage/keeping of flammable refrigerant in certain circumstances, subject to Section 4.
- Section 4: labelling requirements—conditions that must be met for suppliers for the exemption to apply, including label placement and required content, plus an avenue for an alternative labelling arrangement approved by the Commissioner in particular cases.
Notably, the Order is designed to operate as a “bolt-on” to the Fire Safety Act licensing regime: it does not replace the Act, but it modifies the licensing requirement by exempting certain storage/keeping activities.
Who Does This Legislation Apply To?
Section 3 states that the exemption applies to the storage or keeping of flammable refrigerant in an air-conditioner or refrigerator by any person, provided the quantity and use conditions are met. This broad phrasing means the exemption is not limited to suppliers; it can benefit manufacturers, retailers, installers, warehouses, and other entities that store or keep qualifying appliances containing small quantities of flammable refrigerant.
However, Section 4 narrows the exemption’s application for suppliers. If a person is a “supplier” as defined—storing/keeping appliances containing flammable refrigerant for use in running the appliance and supplying them to another in the course of trade or business—the exemption under Section 3 will apply only if the labelling requirements are satisfied for every relevant appliance intended for supply.
Accordingly, businesses should assess their role carefully. A company that merely stores appliances (without supplying them to others in trade/business) may rely on Section 3 without triggering Section 4’s supplier labelling conditions. Conversely, a distributor or retailer supplying appliances to customers must ensure labelling compliance to preserve the exemption.
Why Is This Legislation Important?
This Order is important because it provides a legally recognised pathway to avoid licensing burdens for a specific category of fire-risk-related goods: appliances containing flammable refrigerant in small quantities. For practitioners advising businesses in the HVAC and refrigeration supply chain, the Order offers clarity on when the Fire Safety Act’s licensing requirement may not apply.
At the same time, the Order’s conditions—especially the 150-gram limit and the labelling “if and only if” requirement for suppliers—create compliance pressure points. The most common practical issues are likely to be: (i) incorrect assumptions about refrigerant quantity per appliance; (ii) failure to confirm that the refrigerant is used in running the appliance; and (iii) incomplete or improperly placed labels, or labels lacking bilingual content and the required ISO-based warning sign.
Enforcement significance also follows from the structure of the exemption. If the conditions are not met, the storage/keeping activity may fall back into the licensing regime under section 78 of the Fire Safety Act. That can affect operational planning, inventory handling, and contractual arrangements with suppliers/manufacturers. For example, suppliers may need contractual warranties that appliances delivered for onward supply will be labelled correctly and that the refrigerant quantity does not exceed the threshold.
Finally, the Order’s labelling requirements have a safety rationale beyond licensing. By mandating visibility from user and repair access areas and requiring information on safe handling, servicing, and disposal, the Order supports risk communication to those most likely to encounter the refrigerant during installation, maintenance, and repair.
Related Legislation
- Fire Safety Act (Cap. 109A) — particularly section 53 (making power) and section 78 (licensing requirement referenced by the exemption)
Source Documents
This article provides an overview of the Fire Safety (Flammable Refrigerants — Exemption) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.