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Fiji Consolidated Legislation |
PacLII Note: The listing of sections and headings in this consolidation is incomplete. The first regulations below relate to Section 6 and subsequent Section numbers refer direct to the corresponding section in the principal Act – The Public Health Act Cap.111.
Due to the size of these Regulations, PacLII has also published it in two parts. This is Part 1.
Cap. 111 Rev. 1985
Subsidiary Legislation Public Health
LAWS OF FIJI
CHAPTER 111
PUBLIC HEALTH
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SECTIONS 6, 13, 39, 48, 52, AND 127 - PUBLIC HEALTH REGULATIONS
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TABLE OF PROVISIONS
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PART I - DELEGATION OF AUTHORITY AND MEETINGS OF BOARD
REGULATION
1. Short title
2. Powers of medical officers of health
3. Powers of Chairman
4. Proceedings of Central Board of Health
PART II - DUTIES OF MEDICAL OFFICERS OF HEALTH
5. Duties of medical officers of health
PART III - DUTIES OF SANITARY INSPECTORS APPOINTED
BY THE MINISTER OR BY A LOCAL AUTHORITY
6. Duties of sanitary inspectors
PART IV - PROCEEDINGS OF LOCAL AUTHORITIES
7. Meetings
8. Minutes, etc., to be forwarded
9. Arrangement of minutes
10. Duty of chairman
11. Chairman may act for local authority
PART V - LAUNDRIES OUTSIDE SUVA URBAN DISTRICT
12. Application
13. Registration
14. Duration of registration
15. Unregistered laundry prohibited
16. Cancellation
17. Name sign
18. Drainage
19. Structural requirements
20. Sleeping apartment not to be used as laundry
21. Diseased persons not to be employed
22. Names and addresses to be supplied
23. Notification of disease
24. Inspection of premises
PART VI - LAUNDRIES IN SUVA URBAN DISTRICT
25. Application
26. Registration
27. Duration of registration
28. Registered premises only to be used
29. Cancellation
30. Sleeping apartment not to be used as laundry
31. Diseased persons not to be employed
32. Notification of disease
33. Names and addresses to be supplied
34. Inspection of premises
35. Private washing
36. Drainage
37. Laundry room to be separate from domestic rooms
38. Structural requirements
PART VII - BUTCHER'S SHOPS
39. General requirements
40. Cleaniness
41. Regulations to be displayed
42. Penalty
PART VIII - BUILDINGS
Division 1 - Preliminary
43. Application
44. Interpretation
Division 2 - Sites and Erection of Buildings
45. (Revoked)
46. In town areas
47. Outside town areas
48. Water supply
49. Approval
50. Penalty for failure to comply with approved plans
51. Inspection
52. Contravention of Regulations
53. Plans for sheds, etc., may not be required
54. Contractors' shed
55. Fences
56. Maintenance of fences
Division 3 - General Provisions
57. Proportion of area and air space around dwelling-houses
58. Shops
59. Combined shops and dwellings
60. Building lines
61. Projections
62. Balconies
63. Balconies not to be enclosed
64. Verandahs
65. Site
66. Drainage: General
67. Drainage: Exemptions
68. Drainage levels
69. Material of drains
70. Size of drains
71. Laying and testing of drains
72. Drains under buildings
73. Trapping of inlets to drains
74. Protection of drains
75. Intercepting trap to drains
76. Inspection chambers
77. Junction of drains
78. Soil pipes
79. Ventilation of drains
80. Inlets to drains
81. Waste pipes
82. Overflow pipes
83. Access to rear
84. Out-buildings
85. Basements and cellars
86. Faulty or unsuitable materials
87. Testing of materials
88. Workmanship
89. Removals
90. Saving
91. Inspection - Cutting into building
92. Inspection before occupation
93. Wall footings
94. Damp-proof course
95. Cement
96. Aggregate
97. Steel
98. External walls
99. Internal and partition walls
100. Concrete buildings
101. Floor slabs
102. Alteration of other buildings to dwellings
103. Space outside windows
104. Rooms
105. Light and ventilation
106. Bedrooms - Additional ventilation
107. Overcrowding
108. Kitchens
109. Bathrooms and washing places
110. Standpipes
111. Yards and passages
112. Hospitals and nursing homes, public or private
Division 4 - Commercial Buildings, Office Buildings, Shops, Stores, Warehouses and Bulk Stores, Hotels, Theatres (including Cinema Theatres), Professional Chambers and the like
113. Proportion of site which may be covered
114. Strength of floors
115. Lighting
116. Theatres and public halls
117. Existing structures
PART IX - PRIVIES
118: Application
119. Type of privies
120. Position of privies
121. Privy buildings
122. Bore-hole or pit privies
123. Water closets and septic tanks
124. Septic tanks
125, Pan privies
126. Maintenance of privies
127. Number of privies to be provided
PART X - GARBAGE PANS AND ACCUMULATIONS
128. Application
129. Garbage pans to be provided
130. Dimensions of garbage pan
131. Compulsory use of garbage pans
132. Accumulations
133. Prevention of accumulations
PART XI - KEEPING OF ANIMALS
134. Application
135. Keeping animals in town
136. Keeping animals near buildings
137, Site of building for animals
138. Flooring of building for animals
139. Buildings for animals to be kept in repair
140. Sanitation
PART XII - PENALTIES, ETC.
141. Offence
142. General penalty
First Schedule - Application for Permission to Erect, Alter, Re-build, Add to or Repair a Building
Second Schedule - Certificate of Inspection
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Regulations 28 April 1937, 21 July 1937, 8 September 1938, 20 September 1940, 13 December 1943, 26 October 1945, 23 July 1946, 16
May 1947, *7 September 1948, 26 October 1948, 21 August 1952, 26 March 1953, 11 August 1953, 17 February 1955, 5 August 1960, 1 November
1962, 10 June 1964, Legal Notices Nos. 11 of 1970, 206 of 1977
_______________________________________
*Two separate sets of amending Regulations bear this date.
PART I - DELEGATION OF AUTHORITY AND MEETINGS OF BOARD
Short title
1. These Regulations may be cited as the Public Health Regulations, and, except where otherwise specified, shall apply throughout Fiji.
Powers of medical officers of health
2. The Board by this regulation authorises medical officers of health to serve notices or institute proceedings under the Act, on behalf of the Board.
Powers of Chairman
3. All powers vested in the Board by the Act or any bylaws or regulations made thereunder may be carried out by the Chairman of the Board, subject nevertheless to such regulations or directions as may be made or given by the Board, but no regulation or direction made by the Board shall invalidate any prior act of the Chairman which would have been valid if such regulation or direction had not been made.
Proceedings of Central Board of Health
4. The Board shall meet as often as may be necessary and at intervals of not more than two months.
PART II - DUTIES OF MEDICAL OFFICERS OF HEALTH
Duties of medical officers of health
5. The duties of a medical officer of health shall be as follows:-
Health of sanitary district
(a) he shall inform himself, as far as practicable, respecting all influences affecting or threatening to affect injuriously the public health within the area (his sanitary district);
(b) he shall inquire into and ascertain by such means as are at his disposal, the causes, origin, and distribution of diseases within the area, and ascertain whether the same have depended on conditions capable of removal or mitigation;
Inspection of sanitary district
(c) he shall, by inspection of the area (sanitary district) both systematically at certain periods and at intervals as occasion may require, keep himself informed of the conditions injurious to health existing therein;
Advice to Board and local authority
(d) he shall be prepared to advise the Board and local authority on all matters affecting the health of the area (sanitary district) and on all sanitary points involved in the action of the Board and local authority and, in cases requiring it, he shall certify for the guidance of the local authority or Commissioner as to any matter in respect of which the certificate of a medical officer of health or medical practitioner is required as the basis or in aid of sanitary action;
Advice to local authority on making of by-laws.
(e) he shall advise the local authority on any question relating to health in the framing and subsequent working of such by-laws it may have power to make;
Procedure on report of infectious disease
(f) on receiving information of the outbreak of any contagious, infectious, or epidemic disease of a dangerous character, within the area (sanitary district), he shall visit without delay the spot where the outbreak has occurred and inquire into the causes and circumstances of such outbreak and, in case he is not satisfied that all due precautions are being taken, he shall advise the persons competent to act as to the measures which may appear to him to be required to prevent the extension of the disease and take such measures for the prevention of the disease as he is legally authorised to take under the Act or by any regulations or by-laws of the Board or local authority;
Direction of work of sanitary inspectors
(g) subject to the confirmation of the Board or local authority, he shall direct or superintend the work of the sanitary inspectors, and on receiving information from the sanitary inspectors that his intervention is required in consequence of the existence of any nuisance injurious to health or any overcrowding in a house he shall, as early as practicable, take such steps as he is legally authorised to take under the Act or by any by-law or regulation of the Board, of local authority, as the circumstances of the case may justify and require. Upon receipt of any periodical reports from the sanitary inspectors he shall cause the same to be delivered to the chairman of the local authority for consideration at the next meeting of the local authority;
Inspection of food premises
(h) in any case in which it may appear to him to be necessary or advisable or in which he shall be so directed by the Board he shall himself inspect and examine any premises used for the production, manufacture, preparation, storage, distribution, sale or consumption of any article of food, and shall take such action or give such directions as may be necessary and are authorised by the Act;
Duties under by-laws and regulations
(i) he shall perform all the duties imposed upon him by any by-laws or regulations of the Board or local authority, duly confirmed where the confirmation is legally required, in respect of any matter affecting the public health and touching which it is authorised to frame by-laws and regulations;
Duties in case of offensive trades
(j) he shall inquire into any offensive process of trade carried on within the sanitary district, examine any depot or land used or proposed to be used as a place for burying, burning, or otherwise disposing of night-soil, refuse, or other matter within the sanitary district, and report on the appropriate means for the prevention of any nuisance or injury to health therefrom;
Quarterly report in regard to sanitary improvements and in respect to sickness and mortality
(k) he shall, from time to time, not less than quarterly, report in writing to the Board his proceedings and the measures which may require to be adopted for the improvement or protection of the public health in the sanitary district. He shall, in like manner, report with respect to the sickness and mortality within the sanitary district so far as he has been able to ascertain the same;
Books to be kept
(l) he shall keep a book or books, to be provided by the Board, in which he shall make an entry of his visit and notes of his observations and instructions therein, and also the date and nature of applications made to him, the date and result of the action taken on previous reports, and shall produce such book or books whenever required, to the Board;
Annual report
(m) he shall also make an annual report to the Board up to the end of December in each year, comprising a summary of the action taken, or which he has advised the Board or local authority to take during the year for preventing the spread of disease and an account of the sanitary state of his sanitary district generally at the end of the year. The report shall also contain an account of the inquiries which he has made as to conditions injurious to health in his sanitary district and of the proceedings in which he has taken part or advised under any Act, regulation or by-law, so far as such proceedings relate to those conditions, and also an account of the supervision exercised by him, or on his advice, for sanitary purposes over places and houses that the Board or local authority have power to regulate, with the nature and results of any proceedings which may have been so required and taken in respect of the same, during the year. The report shall also record the action taken by him, or on his advice, during the year with regard to offensive trades, to dairies, cowsheds and milk shops, and to factories and work-shops. The report shall also contain tabular statements (on forms to be supplied by the secretary to like effect) of the sickness and mortality within the sanitary district, classified according to diseases, ages, and localities. Such report shall be in the hands of the secretary to the Board or local authority not later than the end of February in each year;
Provided that if the medical officer of health shall cease to hold office before the 31 December in any year, he shall make the like report for so much of the year as shall have expired when he ceases to hold office;
Report of dangerous epidemic to Board
(n) he shall give immediate information to the Board and local authority of any outbreak of dangerous epidemic disease within the sanitary district;
Copy of report to local authority
(o) at the same time that he gives information to the Board of an outbreak of infectious disease, or transmits to the Board a copy of his annual report or any special report, he shall give the like information or transmit a copy of such report to the local authority;
Duties not specified
(p) in matters not specifically provided for in these Regulations, he shall observe and execute any instructions issued by the Board and the lawful orders and directions of the Board applicable to his office.
PART III - DUTIES OF SANITARY INSPECTORS APPOINTED BY THE MINISTER OR BY A LOCAL AUTHORITY
Duties of sanitary inspectors
6. The following shall be the duties of a sanitary inspector -
Definition of duties under Act
(a) he shall perform either under the special direction of the Board or local authority or, so far as authorised, under the directions of the medical officer of health, or, in cases where no such directions are required, without such directions, all the duties specially imposed upon an inspector by the Act or by any other Act or by-laws or regulations, so far as the same apply to his office;
Attendance at meetings
(b) he shall attend all meetings of the Board or local authority, when so required;
Systematic inspection
(c) he shall, by inspection of the district, both systematically at certain periods, and at intervals as occasion may require, keep himself informed in respect of the sanitary conditions of the district and take such action as he is duly authorised to take to remedy any insanitary conditions found to exist;
Inspection of nuisances
(d) on receiving notice of the existence of any nuisance within the district or of any breach of any by-laws or regulations made by the local authority or Board, for the suppression of nuisances, he shall, as early as practicable, visit the spot, and inquire into such alleged nuisance or breach of by-laws or regulations;
Reports to local authority and medical officer of health
(e) he shall report to the local authority and medical officer of health any noxious or offensive business, trade, or manufacture established within the district, and the breach or non-observance of any by-laws or regulations made in respect of the same;
Damage or fouling of water supply
(f) he shall report to the local authority and medical officer of health any damage done to any works of water supply, or other works appertaining thereto, or any fouling by gas, filth, or otherwise, of water used for domestic purposes.
Inspection of food premises
(g) he shall, from time to time regularly and forthwith upon complaint, visit and inspect the premises used for the production, manufacture, preparation, storage, distribution, sale or consumption of food and shall take any action which he is authorised to take to prevent the contamination of such food;
Report of infectious diseases to medical officer of health - Report of overcrowding
(h) he shall give immediate notice to the medical officer of health of the occurrence within the district of any contagious, infectious, or epidemic disease; and whenever it appears to him that the intervention of such officer is necessary in consequence of the existence of any nuisance injurious to health, or of any overcrowding in a house, he shall forthwith inform the medical officer of health thereof;
Act under instructions of medical officer of health
(i) he shall, subject to the directions of the Board attend to the instructions of the medical officer of health with respect to any measures which may be lawfully taken by an inspector under the Act;
Books to be kept
(j) he shall enter, from day to day, in a book to be provided for that purpose, particulars of his inspections and of the action taken by him in the execution of his duties. He shall also keep permanent office records in book or other approved form so arranged as to form, as far as possible, a continuous record of the sanitary conditions of each of the premises in respect of which any action has been taken under the Act and shall keep any other systematic records which the Board may require;
To produce books if called upon to do so
(k) he shall at all reasonable times, when applied to by the medical officer of health, or senior sanitary inspector of the Board produce to him his books and records or any of them, and render to him such information as he may be able to furnish with respect to any matter to which the duties of the inspector relate;
Inspections called for by Act
(l) he shall make all inspections as are required under the Act and when required by the medical officer of health, or senior sanitary inspector of the Board, he shall make such inspections as that officer may direct, and shall report to him without delay the results of such inspection;
Supervision of certain work
(m) he shall if directed by the medical officer of health, the Board, or local authority to do so, superintend and see to the execution of all works which may be undertaken under their direction for the suppression or removal of nuisances or insanitary conditions within the district;
Generally to obey orders of medical officer of health, local authority, and Board
(n) in matters not especially provided for in this regulation, he shall observe and execute all the lawful orders and directions of the medical officer of health, local authority and the Board, which may be hereafter issued, applicable to his office;
Monthly report
(o) he shall at the end of each month make out a report in such form as the Board may direct of inspections made and action taken with regard to insanitary conditions found to exist during the month. Such report shall form a complete summary of his work for the month and shall be delivered to the chairman of the local authority, through the medical officer of health, within seven days of the end of each month.
PART IV - PROCEEDINGS OF LOCAL AUTHORITIES
Meetings
7. The chairman of each local authority shall call a meeting of the local authority as often as may be necessary, and in any case not less than once in every three months. He shall place before the local authority at such meetings all correspondence and reports which have been received from the Board, the medical officer of health or sanitary inspector, or from any other persons, since the last meeting. (Amended by Regulations 21 August 1952.)
Minutes, etc., to be forwarded
8. Within seven days of any meeting of a local authority the chairman shall forward to the Board a copy of the minutes of such meeting together with copies of any reports which have been dealt with at such meeting.
Arrangement of minutes
9. Minutes of meetings of local authorities shall be so arranged as clearly to indicate what action has been taken by the local authority or which it is proposed to take with regard to any matter dealt with by the local authority.
Duty of chairman
10. It shall be the duty of the chairman of the focal authority to see that resolutions of the local authority are carried into effect.
Chairman may act for local authority
11. If, in the interest of the public health, it is necessary that any notice be served or any action taken which the local authority is authorised to take under the Act, and it is impracticable to call a meeting of the local authority, such notice may be served or action taken by the chairman of the local authority for and on behalf of the local authority, provided that such action shall be reported to the local authority at the next meeting, but no subsequent resolution of the local authority shall invalidate any prior action taken by the chairman for and on behalf of the local authority.
PART V - LAUNDRIES OUTSIDE SUVA URBAN DISTRICT
Application
12. This Part shall not apply within the boundaries of Suva urban sanitary district.
Registration
13. All laundries shall be registered by the proprietor with the local authority of the district in which they are situate and such local authority may defer registration until the structural requirements of this Part are complied with.
Duration of registration
14. Registration shall be for one year or part thereof ending on 31 December each year.
Unregistered laundry prohibited
15. No laundry shall be conducted unless or until registered.
Cancellation
16. The local authority may cancel registration for a breach of these Regulations in addition to any other penalty prescribed by the Act.
Name sign
17. The name of the proprietor and the registered number of the premises shall be legibly written on a sign and affixed to the laundry.
Drainage
18. Efficient drainage shall be provided to the satisfaction of the local authority so as to prevent waste waters lying, stagnating or becoming a nuisance on or about the property on which a laundry is situated.
Structural requirements
19.-(1) All premises and rooms used as laundries shall be distinct from premises used for domestic purposes and shall be provided with a built-in copper and tubs to the satisfaction of the local authority.
(2) All rooms used as a laundry shall be provided with thorough ventilation to the satisfaction of the local authority and shall not be connected with or used as a bathroom or latrine.
(3) The floors of all washing-roams in connection with a laundry shall be constructed of concrete laid to the satisfaction of the local authority and all fittings, benches and stands in the wash-house shall be properly constructed of approved materials to the satisfaction of the local authority.
(4) The premises of any laundry including open drying yards shall be enclosed by a suitable fence to prevent animals and poultry gaining access to the laundry site.
(5) No animals or poultry shall be allowed on any laundry premises.
(6) No articles received by a laundryman for laundering purposes shall at any time be placed upon the ground, but shall be suspended from clothes lines to be provided by the laundryman within his fenced laundry premises.
Sleeping apartment not to be used as laundry
20. Any article received into a laundry for laundering shall not be taken into or kept in any room which is used as a sleeping apartment and no sleeping apartment may be registereed or used as a laundry.
Diseased persons not to be employed
21. No person afflicted with a skin or other disease of an infectious nature shall work as a launderer or enter or remain on any property on which a laundry is situated, or be permitted by the proprietor so to act, and no person whosoever shall send or permit to be sent to a laundry anything from a house in which a person who is suffering from any such disease resides:
Provided that this regulation shall not apply if the medical officer of health has issued a certificate that the disease is harmless.
Names and addresses to be supplied
22. The proprietor of any laundry shall supply to the medical officer of health or a sanitary inspector, on demand, a list of the names and addresses of the customers for whom laundry work has been done within six weeks of such demand.
Notification of disease
23. Any person carrying on the business of a laundry shall immediately notify to the medical officer of health the occurrence of any actual or suspected case of disease amongst his employees or the actual members of his household.
Inspection of premises
24. The medical officer of health or sanitary inspector or any duly authorised official may enter upon and inspect any premises on which the business of a laundry is carried on, and any person who wilfully obstructs or resists such entry and inspection shall be deemed to be guilty of an offence.
PART VI - LAUNDRIES IN SUVA URBAN DISTRICT
Application
25. This Part shall apply only within the boundaries of Suva urban sanitary district.
Registration
26.-(1) No person shall carry on within the city of Suva the business of a laundry unless he shall have been first registered with the local authority.
(2) Laundry registrations shall contain the name and address of the registered launderer and particulars as to the place where washing may be carried on under such registration.
Duration of registration
27.-(1) No laundry registration shall be granted for a longer period than one year and every such registration shall terminate not later than 31 December in the year for which it was granted.
(2) Registrations will be issued for half-yearly or yearly periods and expire on the 30 June and the 31 December respectively in each year.
Registered premises only to be used
28. No person shall do any washing under any laundry registration except at a place or places specified in such registration.
Cancellation
29. The local authority may withhold, cancel, or suspend any laundry registration.
Sleeping apartment not to be used as laundry
30. No person registered under this Part shall keep or suffer to be kept any clothing entrusted to him for the purpose of washing in any place that has not been registered for the purpose, and no person shall use any place where such clothing is kept as a living or sleeping apartment.
Diseased persons not be to be employed
31. No person who is suffering from an infectious disease or is living in a house in which there is a case of infectious disease shall enter or remain in any premises of any person registered under this Part as a laundry or shall engage in any washing or shall perform or assist in performing any work in connection therewith.
Notification of disease
32. Any person carrying on the business of a laundry shall immediately notify to the medical officer of health the occurrence of any actual or suspected case of disease amongst his employees or the actual members of his household.
Names and addresses to be supplied
33. The medical officer of health or sanitary inspector may require that registered launderers - with a view to preventing the spread of infectious disease - furnish him with a full and complete list of the names and addresses of the customers for whom such registered launderer has done washing or laundry work during six weeks previous to requiring such list, and such registered launderer shall furnish such list within the time specified.
Inspection of premises
34. The medical officer of health or sanitary inspector or any duly authorised official may enter upon and inspect any premises on which the business of a laundry is carried on, and any person who wilfully obstructs or resists such entry and inspection shall be deemed to be guilty of an offence.
Private washing
35. Nothing in this Part shall be held to apply to any person washing on his own premises or to any servant washing in the premises of his employer articles intended for use on such premises or for the use of the persons residing in such premises.
Drainage
36. No premises shall be registered as a laundry unless it is connected to the city sewerage system:
Provided that the local authority may grant an exemption from this provision in the case of a laundry erected on a site which can be drained into a creek or storm water drain approved by the local authority.
Laundry room to be separate from domestic rooms
37. Any room used as a laundry shall be distant from rooms used for domestic purposes at least three feet.
Structural requirements
38.-(l) All rooms used as a laundry shall -
(a) have the floors properly constructed;
(b) be internally lined and ceiled with T & G boarding or other approved material;
(c) if constructed of materials other than concrete, be painted white internally and shall be repainted when so directed by the local authority;
(d) have the external walls painted and repainted when so directed by the local authority;
(e) be well lighted and provided with permanent cross ventilation;
(f) be so laid out that at every stage of the laundering process there is no risk of contact between clean and soiled clothing and so that risk of contamination from any other source is as far as possible excluded. (Inserted by Regulations 17 February 1955.)
(2) The washing-room or wash-house as an appurtenant to a laundry shall have a minimum floor area of at least one hundred and forty-four square feet, the walls shall not be less than ten feet in height and constructed of concrete to a height of at least four feet above the floor level and with wood framing and T & G lining for the remaining six feet. The internal surfaces of the concrete wall shall be rendered smooth. The floors of the washing-room shall be constructed in concrete having a smooth surface graded and drained so that all liquids spilt on it may flow off without impediment; the angles between the floor and walls shall be rounded. The walls and floor of a washing-room or wash-house to be erected or re-erected within the Inner Area shall be wholly concrete.
(3) A bricked-in copper or other approved boiling facilities approved by the local authority shall be provided in the washing-room, the chimney to be continued up in brick or cement to at least two feet higher than the ridge of the roof of such washing-room.
(4) All fittings, benches and stands in the washing-room shall be properly constructed of approved materials.
(5) The process of starching and blueing shall be done in the washing-room.
(6) Any room used as a laundry shall not be connected with any bath-room or latrine.
(7) The premises, including open drying-yards, shall be enclosed by a fence constructed of post and rails or post and wires and sufficiently stock-proof to prevent stock trespassing on to a laundry site.
(8) No animals shall be allowed on any laundry premises.
(9) No articles received by a laundryman for laundering purposes shall at any time be placed upon the ground, but must be suspended from clothes lines to be provided by the laundryman on his registered premises.
PART VII - BUTCHERS' SHOPS
General requirements
39.-(1) For the purposes of this regulation -
"butcher's shop" includes every shop or store in or in connection with which butcher's meat or meat products for human consumption is stored or offered for sale, other than tinned or canned goods, or meat or meat products in a frozen or chilled state packed or made up in advance in a sealed wrapper or container for retail sale generally; and also includes -
(a) any premises appurtenant thereto or used in connection therewith;
(b) any premises in which the foregoing articles, other than tinned or canned goods, are prepared for retail sale;
(Substituted by Regulations 1 November 1962.)
"meat" includes carcasses, butcher's meat, meat products, bones, fat, blood, or grease for human consumption, but does not include tinned or canned goods;
"refuse" includes condemned or diseased carcasses, meat, meat products, waste, refuse, bones, fat, blood, or grease either unfit or not intended for human consumption, offal, and other like substances.
(2) No person shall use, or suffer to be used, any room or place for the boning, curing, canning, salting, mincing, or other similar process of preparation of the meat or the fat of animals for sale for human food, except it be provided with a floor of tiles, cement, mineral asphalt, or some other material impervious to water, having a smooth surface, and graded and drained, so that all liquids spilt on it may flow off it without impediment. If any such floor be constructed of tiles, the joints between the tiles shall be of a material which is impervious to water. Such floors shall at all times be kept in good repair, smooth, and free from cracks and inequalities.
(3) No person shall use, or suffer to be used, any such floor as is described in paragraph (2) unless it be free from accumulations of fat, grease or debris of meat. Such floors shall be thoroughly cleansed at least once daily with the aid of hot water, and they shall at all times be kept in a state of reasonable cleanliness.
(4) No person shall keep, or suffer to remain, any bones or waste matter of any kind in any room or on any floor in or on which any process of preparation of any meat or fat for sale for human food is, or usually is, carried on, unless such bones or waste matters are contained in a vessel made of metal, and provided with a close-fitting cover; nor shall any such vessel containing the said bones or waste matter be retained in or on any such room or floor for more than eight hours unemptied or uncleansed.
(5) No person shall use, or suffer to be used, any room or place for the boning, curing, canning, salting, mincing, or other similar process of preparation of meat or fat of animals for sale for human food, unless its internal walls are constructed of bricks, tiles, stone, cement, or other material impervious to water which shall at all times be kept constantly clean, either by washing with water or by lime-washing from time to time:
Provided that such walls may be constructed of wood if the internal surfaces be covered with flat iron painted white to a height of six feet from the floor, and if the portions of the walls above the iron be kept constantly clean, either by painting white and washing from time to time, or by lime-washing from time to time.
(6) No person shall use any room or place for the boning, curing, canning, salting, mincing, or other similar process of the preparation of meat or fat of animals for sale for human food which is in direct communication with any sleeping apartment, or with any stable, urinal, privy, or water-closet, or which has within it any entrapped opening into any sewer or covered drain.
(7) No person shall lease, or permit to be used, any butcher's shop for domestic purposes, or as a sleeping apartment, or for any purpose incompatible with cleanliness and good sanitary condition of the shop and of fittings and instruments used therein, or of the meat exposed therein, or any shop into which a sleeping room opens directly.
(8) No person shall use, or permit to be used, any butcher's shop which has a window or other opening in an external wall within a distance of twenty-five feet of any fowl-house, stable, ash-heap, privy, earth-closet, or urinal, or which is in direct communication with a closet or urinal.
(9) The occupier of every butcher's shop shall provide sufficient facilities for the cleansing of all fittings, instruments, and conveyors used therein, and for the provision of boiling water for such cleansing.
(10) The occupier of every butcher's shop shall provide for the use of all persons employed therein adequate sanitary conveniences to the satisfaction of the local authority.
(11) No person shall spit and no person shall smoke or chew tobacco in a butcher's shop, and there shall be displayed in every such shop a notice to this effect. (Inserted by Regulations 13 December 1943.)
(12) No dog or other domestic animal shall be allowed in a butcher's shop. (Inserted by Regulations 13 December 1943.)
Cleanliness
40. Every butcher shall cause the following regulations to be carried out:-
(a) the floors, walls, ceilings, and fittings in every butcher's shop, and all instruments and appliances used shall be kept scrupulously clean;
(b) all waggons, carts, vans, trolleys, baskets, trays, and containers of every kind shall be cleansed daily;
(c) all waste matters shall be removed from every butcher's shop daily and no scrap meat, fat, offal, bones, or other waste matters from the butcher's shop shall be cast, deposited, or be allowed to remain in any manure heap or pit, or upon any part of the premises attached to any butcher's shop other than in a suitable covered receptacle provided for the purpose and intended to be removed daily;
(d) no copper or other cooking apparatus used in connection with the sale or cooking of meat shall be used for laundry work;
(e) no person shall place or allow to stand upon any public footpath or pavement any meat or any package or other vessel or utensil used for the carriage of meat;
(f) no person shall use for the carriage of meat any vehicle used for the carriage of any live animal, or any refuse, or any article likely to contaminate meat, nor shall any person use for the carriage of any live animal, or any refuse or other offensive matter any vehicle which is used for the carriage of meat. The sides, ends and floor of vehicles used for the carriage of meat shall be constructed of such material as to be readily and easily cleansed, and no person shall ride in that part of a vehicle in which meat is being carried, or which is regularly used or intended to be used for the carriage of meat;
(g) no person shall convey or deliver, or cause to be conveyed or delivered any meat unless such meat whilst being conveyed or delivered is kept covered and enclosed so as to protect the same from dust, flies, and other impurities and if in course of retail delivery is wrapped in clean white paper;
(h) no person shall use any vessel for the storage or carriage of meat the substance, construction, or condition of which is likely to contaminate meat or depreciate its nutritive value;
(i) no person shall consign meat for transit by road, rail or boat except in vehicles or in packages so constructed as to exclude dust and protect meat from flies;
(j) every vehicle used for delivering meat to retail customers shall be so constructed with due regard to ventilation as to prevent access of flies and dust to the interior, and shall at all times be kept closed, except when in use for loading and unloading;
(k) all persons who are engaged in wholesale or retail storage or delivery of meat, whether in any shop or not, shall at all times when they are so employed wear clean overalls made of washable material, which shall completely cover their clothes;
(l) all persons engaged in the transport and delivery of carcass meat to butchers' shops, or elsewhere, shall at all times when they are so employed wear hoods made of washable material, and they shall wear clean overalls made of washable material, which shall completely cover their clothes;
(m) no person suffering from an infectious disease whether notifiable by law or not, or suffering from objectionable or contagious skin affections, or who has unclean or medicated bandages, shall take part or be employed in the conveyance, treatment, or sale of meat;
(n) all doors, windows, and other outside openings in premises used solely for the handling or sale of meat and poultry shall be protected from flies by means of wire gauze of a type approved by the local authority.
Regulations to be displayed
41. A copy of this Part shall be conspicuously displayed in every place where the boning, curing, canning, salting, mincing, or other similar process of preparation of the meat or fat of animals for sale for human food is carried on and shall be there constantly maintained, clean, visible, and legible, by the proprietor, manager, or person in charge thereof.
Penalty
42. If any person contravenes any of the provisions of this Part he shall be liable on conviction to a fine not exceeding $20.
PART VIII - BUILDINGS
Division 1 - Preliminary
Application
43. This Part shall apply to the whole of Fiji outside any town.
(Substituted by Regulations 19 March 1945.)
Interpretation
44. In this Part -
"basement" means a storey or part of a storey partly below the ground level, the ceiling of which is not less than five feet above the level of the adjoining ground irrespective of any excavations made for the purpose of complying with this Part;
"cellar" means a storey or part of a storey, or a room below or partly below the ground level, the ceiling of which is less than five feet above the level of the adjoining ground;
"commercial building" means a building used or constructed or adapted to be used wholly or in part for commercial purposes;
"dwelling" or "dwelling-house" means a building used, constructed, or adapted to be used wholly or in part for human habitation, including kitchens, bathrooms and similar buildings in connection with a dwelling-house, whether forming part of a main building or erected as outhouses, and includes tenement buildings, but does not include any portion of a commercial building not used, constructed or adapted to be used for human habitation; (Amended by Regulations 8 September 1938.)
"flat" means a room or suite of rooms occupied or designed, intended or adapted to be occupied as a separate domicile;
"habitable room" means any living room and includes any room intended or adapted to be used for the purpose of sleeping or eating, or the preparation or cooking of food;
"height of a building" means the measurement taken from the level of the ground at the centre of the front of the building to the ceiling of the highest storey of the building, provided that a parapet not exceeding ten feet of additional height may be added:
Provided that bulkheads, lantern lights, pergolas, or other open ornamental treatment of roof gardens, or play areas, and space for water tanks or reservoirs, or lift or elevator machinery, and the like, upon the top of the building, shall not, if constructed to a design approved by the local authority, be taken into account in determining the height of the building;
"residential flat building" means a building containing two or more flats, but does not include a row of two or more dwellings, attached to each other such as are commonly known as semi-detached or terrace buildings;
"tenement buildings" means a building erected for residential purposes the different parts of which building are to be used or intended or adapted to be used or occupied by separate families, or by members of more than one family, or by persons not of one family.
Division 2 - Sites and Erection of Buildings
45. * * * (Revoked by Legal Notice 11 of 1970.)
In town areas
46. Every person wishing to erect any building or to add to or alter the ground plan of an existing building or carry out repairs costing more than $60 to any building in a town area shall -
(a) make application in the form in the First Schedule to the chairman of the local authority or any person duly appointed to act on his behalf;
(b) furnish with such application a set of plans, sections and elevations in duplicate, clearly describing the nature and form of construction proposed to be used to a scale of not more than eight feet to one inch;
(c) furnish also a block plan to a scale of not more than forty feet to an inch, showing the position of the proposed works in relation to the boundaries of the site or curtilage thereof together with the positions of existing buildings in the vicinity, and the means of access proposed. Such plan shall be drawn with a north point and with such information as will enable the site to be identified on the standard plans of the Department of Lands and Survey;
(d) furnish also a drainage plan showing the intended mode of drainage of the site and the means proposed for disposing of waste water, if any, from the building. Such plan shall indicate any sewers, drains, ditches or watercourses to be utilized in the drainage proposals and shall also show clearly the levels and falls of all new sewers and drains to be made in relation to the lowest floor level of the building and the adjacent land. The vertical scale of sections describing any drain shall not exceed ten feet to one inch;
(e) furnish such other information regarding the works and the methods proposed to be used as may be required by the local authority or any person duly authorised to act on its behalf.
One copy of any plans and drawings furnished under this regulation shall when approved by the local authority be returned to the applicant.
(Amended by Regulations 13 December 1943; 10 June 1964.)
Outside town areas
47. Every person wishing to erect any building or to add to or alter the ground plan of any existing building or carry out repairs costing more than $60 to any building situated outside a town area shall make application in the form in the First Schedule to the chairman of the local authority or any person duly authorised to act on his behalf and shall furnish such additional information as the chairman of the local authority or such other person as aforesaid may require. Such additional information may include descriptive constructional plans, a block plan, and a drainage plan as required under regulation 46.
(Amended by Regulations 13 December 1943; 10 June 1964.)
Water supply
48. Every person wishing to erect any building or make any alteration as set out in regulation 46 shall provide a proper and sufficient supply of wholesome water for the domestic use of the occupants of every such building and shall furnish to the local authority such particulars as to the source and means of supply as may be required of him by the local authority.
Approval
49.-(1) The local authority may approve or decline to approve plans, elevations, sections and specifications, or specify alterations to be made in the same before granting approval:
Provided that -
(a) such approval shall not be refused to any application made in the prescribed form and manner in respect of plans, elevations, sections or specifications, and which complies with the requirements of these Regulations as to construction of buildings and the work to be carried out appertaining thereto;
(b) unless the local authority within one month of the receipt of any such application accompanied by plans, elevations, sections and specifications, notifies its approval or otherwise of the same or specifies alterations to be made as aforesaid, the local authority shall be deemed to have approved such application, subject to the construction of the building therein referred to being in conformity with the provisions of this Part;
(c) any such approval shall be deemed to have lapsed unless the work relative thereto is commenced within six months of the date of approval.
(2) No person shall erect any building or add to or alter the ground plan of any existing building or carry out repairs costing more than $60 to any building without the approval in writing of the local authority in accordance with paragraph (1).
(Substituted by Legal Notice 11 of 1970.)
Penalty for failure to comply with approved plans
50. Where the plans, elevations, sections and specifications in respect of the erection, alteration, rebuilding, adding to or repairing of any building have been approved by the local authority, the erection, alteration, rebuilding, adding to or repairing of such building shall be carried out strictly in accordance with plans, elevations, sections and specifications as approved, and any person who erects, alters, rebuilds, adds to or repairs any building or permits or orders any other person to erect, alter, rebuild, add to or repair any building, otherwise than in strict accordance with plans, sections, elevations and specifications which have been approved by the local authority shall be liable on conviction to a fine not exceeding $20 and to a further fine not exceeding $4 for each day during which the offence continues after conviction.
Inspection
51. Every person about to erect a building or otherwise execute any work to which this regulation may apply shall, before proceeding with any footings to walls, supports, or columns or piers, deliver or send to the local authority notice for inspection of the trenches. Such person shall also, before proceeding to cover up any drain or any foundation of a building deliver or send to the local authority notice in writing in which shall be specified the date on which such person will proceed to cover up such drain or foundation.
Contravention of Regulations
52. In every case where a person who erects a building or executes any work to which this Part may apply, receives at any time during the progress, or after the erection of such building, or the execution of such work, from the local authority notice in writing specifying any matters in respect of which the erection of such building, or the execution of such work, is in contravention of any law or regulations relating to buildings and requiring such person within seven days or other reasonable period to cause anything done contrary to any such law or regulations to be amended, or to do anything which thereby may be required to be done, but which has been omitted to be done, such person shall, within the time specified in such notice, comply with the several requirements thereof.
Plans for sheds, etc., may not be required
53.-(1) Notwithstanding anything to the contrary contained in these Regulations, the local authority may, if it sees fit, dispense with the necessity for the submission of plans, elevations, sections and specifications with any application for approval to make minor alterations in any existing buildings, or to erect a building to be used exclusively for the purpose of a fuel shed, tool-house, cycle shed, or the like.
(2) In a town sanitary district the local authority may require, in the case of existing and new structures, by notice in writing, that any poultry house or run shall comply with any or all of the following conditions:-
(a) such house or run containing or intended to receive domestic or guinea fowls shall not be situated within thirty feet of a dwelling-house, school or public place; and for the reception of other poultry it shall not be within one hundred feet thereof;
(b) the floor of such house shall be paved with concrete or other impermeable material graded and drained;
(c) such house or run shall be enclosed to prevent the escape of poultry.
(Amended by Regulations .l3 December 1443)
Contractors' shed
54. Nothing in these Regulations shall prevent any contractors' or builders' temporary offices, sheds, and workshops from being erected of wood or iron on any building site or on any street fronting thereto, during building operations, provided that special application be made to and permission be granted by the local authority.
Fences
55. No corrugated iron fences may be erected in any township sanitary district without the consent of the local authority. A fence constructed of corrugated iron in any town sanitary district shall be painted not more than six months after it is erected upon receipt of notice from the local authority.
Maintenance of fences
56. All fences, including live fences, of whatsoever material, howsoever and wheresoever constructed, shall be maintained in good order and condition to the satisfaction of the local authority.
(Amended by Regulations 13 December 1943.)
Division 3 - General Provisions
Proportion of area and air space around dwelling-houses
57.-(1) In no case shall the dwelling-house or dwelling-houses together with their appurtenances to be erected on any allotment occupy more than one-half of such allotment. A clear space at least twenty feet from the line of the rearmost wall of such dwelling-house or dwelling-houses shall be provided across the whole width of the allotment, and only outbuildings, water storage tanks or similar erections having an average height not exceeding ten feet shall be allowed within the said clear space, and such outbuildings, water storage tanks or similar erections shall not occupy more than one-third of such clear space, and with the exception of water storage tanks shall not be less than ten feet from any part of the dwelling-house or dwelling-houses.
(2) In a town sanitary district there shall be a free and unobstructed space between the sides of separate dwelling-houses of not less than sixteen feet, provided that the side wall of a new dwelling-house or accessory building shall be set back not less than eight feet from the side boundary of the allotment- and there shall be a free and unobstructed space of not less than twenty feet from the road frontage boundary line of the allotment to all parts of the building or buildings to be erected or from the road frontage boundary line of the allotment to any building line proclaimed under regulation 60 hereof. (Substituted by Regulations 8 September 1938.)
(3) Notwithstanding the provisions of paragraph (1) of this regulation in rural sanitary districts there shall be a free and unobstructed space around the sides and backs of separate dwelling-houses at all points to a distance of not less than twenty feet, provided that the side wall of the new dwelling-house or accessory building shall be set back not less than ten feet from the side boundary of the allotment, and there shall be a free and unobstructed space of not less than twenty feet from the road frontage boundary line of the allotment to all parts of the building or buildings to be erected or from the road frontage boundary line of the allotment to any building line proclaimed under regulation 60. (Substituted by Regulations 8 September 1938.)
(Amended by Regulations 13 December 1943.)
Shops
58. All shops to be erected shall be built on the street alignment:
Provided that the local authority may permit or order the erection of a building at such distance back from the street alignment as is considered desirable for the safety or convenience of the public.
Combined shops and dwellings
59. The local authority may permit the erection of a combined shop and dwelling-house, provided that the portion of such building used as a dwelling-house shall either occupy the second storey or shall be at the rear of such building and be entirely separate from the business portion of the premises. Each such building shall however comply otherwise with the provisions of regulation 57 in that the whole building shall not occupy an area greater than two-thirds of the total allotment.
Building lines
60. The building line in each street or part of a street may be fixed by the local authority from time to time, and when so fixed shall be marked upon a plan sealed with the seal of the Board and clearly described in a resolution of the local authority and such plan or resolution shall be open to inspection by the public free of charge.
Projections
61. No person shall in erecting any building allow or make any projections therefrom such as door or window dressings, strings, fascias, copings, parapets, blocking courses, or other architectural decorations forming part of an external wall, to project beyond the street line more than four inches, except cornices, entablatures, or pediments which may project any distance approved by the local authority.
Balconies
62.-(1) Balconies over footpaths may be erected only in streets or public places of thirty-nine feet or more in width, and then only if allowed by the local authority. The general dimensions, form, and design of every such balcony shall be approved by the local authority previous to the necessary permit for the erection thereof being granted.
(2) (a) Any balcony now or hereafter to be erected shall be maintained by the owner of the building or premises to which the same belongs in good and substantial repair and condition to the satisfaction of the local authority, and shall be painted by such owner as occasion shall require. The gutters and spouts of the balcony shall be kept properly cleaned and in good repair by the owner of the building or premises.
(b) It shall be lawful for the local authority to give notice to any such owner to repair or paint any such balcony if and as often as the same may require it, and every such owner shall within seven days after the service of such notice upon him commence to effect such repairs or painting.
(3) (a) The local authority shall be at liberty at any time to revoke any permission granted as aforesaid for the erection of any balcony at the will of and by a resolution of the local authority, should the safety or the interests of the public require the same, and to call upon and require the owner of the building or premises to which such balcony is annexed or forms a part to remove such balcony, and such owner shall, within fourteen days from the receipt by or service upon him of a notice from the local authority requiring the same, take down and remove such balcony at his own cost or expense. In any such case the local authority shall not be liable to pay any compensation in respect of such revocation or removal.
(b) If upon the revocation and after the expiration of fourteen days from the receipt of service of such notice or request for removal as aforesaid the owner shall neglect or refuse to remove such balcony, then the officers of the local authority shall have power to take down and remove the same at the expense of the owner, and for that purpose the officers may, if necessary, enter into and upon the building and premises of the owner, and the owner shall for such neglect or refusal be guilty of an offence against this regulation.
Balconies not to be enclosed
63.-(1) Except as provided in paragraph (2), no person shall enclose any balcony.
(2) Notwithstanding the provisions of paragraph (1), the local authority may by resolution in each particular case permit the use of collapsible canvas blinds.
Verandahs
64.-(1) Verandahs to be erected over streets and thoroughfares after the passing of these Regulations shall be of a cantilever type, and -
(a) any verandah already erected at the date of the passing of these Regulations; or
(b) verandahs to be erected after the passing thereof,
shall be maintained in good repair by the owner as is prescribed in regulation 62.
(2) Applications in respect of such verandahs shall be accompanied by drawings to a scale of a quarter of an inch to a foot setting out the front and end elevation and one cross section, and all dimensions shall be figured on such drawings.
(3) In designing for cantilever verandahs, architects, contractors or others shall adopt a standard design and a standard height throughout a section frontage, as directed by the local authority.
Site
65. A person shall not without the permission of the local authority erect a building upon any site which shall have been filled with any material impregnated with faecal matter or impregnated with any animal or vegetable matter, or upon which any such matter may have been deposited, unless and until such matter shall have been properly removed by excavation or otherwise from such site, or upon any site which is swampy or low-lying, unless such has been effectively drained, It shall be competent for the local authority to order the laying of four inches of concrete over the site to be built upon, or the raising of the level of the site to form a stable and healthy foundation to the satisfaction of the local authority.
(Amended by Regulations 21 July 1937.)
Drainage. General
66.-(1) The plans for a building shall include adequate provision for the disposal of nightsoil and slop water to the satisfaction of the local authority.
(2) Every person who shall erect a building shall provide drains sufficient for carrying away from the building all surface or rain water.
(3) Where it is practicable to lay drains otherwise, they shall not be laid beneath a building.
(4) Every person who shall erect a building in a town sanitary district shall, for the purpose of carrying from the roof or flat of such building all water which may fall thereon, cause suitable and sufficient pipes or trunks, extending from the roof or flat to the ground, to be connected with gutters, chutes or troughs, which shall be provided, constructed and fixed in such a manner and in such situation as to receive all water which may fall on the roof or flat without causing dampness in any part of any wall or foundation of such building, or any annoyance or damage to any adjoining property, and such pipes or trunks shall be so constructed and fixed as to allow such water to flow into proper drains or receptacles.
(5) The owner or occupier of any building shall at all times maintain all drains in connection with such building free from silt, weeds, refuse or other obstruction, and in clean and efficient working order to the satisfaction of the local authority, medical officer of health or sanitary inspector.
Drainage; Exemptions
67. Notwithstanding the provisions of paragraph (4) of regulation 66, it shall not be necessary to provide pipes, trunks, gutters, chutes or troughs in the case of any building where -
(a) the edge of the eaves is nowhere less than two feet from the outer walls; and
(b) the edge of the eaves is nowhere more than twelve feet above the ground; and
(c) there is beneath the eaves a drain or drains, suitably constructed for carrying or soaking away all water which may fall from the eaves.
(Inserted by Regulations 16 February 1953.)
Drainage levels
68. Every person who shall erect a building shall construct the lowest storey of such building at such a level that, in the opinion of the local authority, it may be practicable to construct a drain sufficient for the effectual drainage of such building and site.
Material of drains
69. Every person who shall erect a building shall, in the construction of every drain of such building other than a drain constructed for the drainage of the subsoil of the site of such building, use good, sound, suitable pipes or channels formed of glazed stoneware, heavy cast iron, cement concrete or other equally suitable material.
Size of drains
70. Every person who shall erect a building shall cause all drains to be of adequate size, and if constructed or adapted to be used for conveying sewage or surface water, to have an internal diameter not less than four inches, and to be laid with proper fall and with socketed or other suitable watertight joints. The minimum fall for a four-inch drain shall be a grade of one in forty-five.
Laying and testing of drains
71. Every person who shall erect a building shall cause every drain constructed or adapted to be used for the conveyance of sewage, if constructed of stoneware pipes, to be laid on a bed of cement concrete of a width equal to twice the internal diameter of the drain, and of a thickness of at least six inches below the drain and benched up on both sides to a height equal to half the vertical diameter of the pipes.
If he shall cause such drain to be constructed of iron pipes with socketed joints the joints shall not be less than two and a half inches in depth and be made with lead properly caulked, and he shall cause all iron drain pipes to be properly coated inside and outside for the purpose of preventing corrosion. He shall also cause such iron pipes to be properly supported on suitable and sufficient piers, or other suitable and sufficient supports, or laid on a bed of good cement concrete of adequate thickness.
He shall cause every drain constructed or adapted to be used for conveying sewage to be so constructed as to be watertight, and so as to be capable, at the completion of the erection of such building, of resisting the hydraulic pressure when filled with water to the highest point of the drain.
Drains under buildings
72. Every person who shall erect a building shall construct any drain passing under any building to be so laid in the ground that there shall be a distance equal at the least to the full diameter thereof between the top of such drain at its highest point and the surface of the ground under such building.
He shall also cause such drain to be laid in a direct line for the whole distance beneath such building and to be protected to the satisfaction of the local authority.
He shall likewise cause adequate means of access to be provided in connection with such drain at each end of such portion as is beneath such building.
Trapping of inlets to drains
73. Every person who shall erect a building shall cause every inlet to every pipe drain, not being an inlet provided in pursuance of the regulation in that behalf as an opening for the ventilation of such drain, to be properly trapped.
Protection of drains
74. Every person who shall erect a building shall cause the trench of every drain which passes within closer proximity than three feet to any walls of a concrete or brick building to be filled up solid with concrete to the level of the foundation of such building. Where such drain passes under any wall of a concrete or brick building he shall cause a sufficient arch to be turned over such drain, or some other equally suitable support for the wall to be provided so as effectually to prevent any damage to such drain by settlement or otherwise.
Intercepting trap to drains
75. Every person who shall erect a building connected to a sewage system shall, if so required by the local authority, provide within the curtilage thereof in every main drain or other drain of such building to be used for conveying sewage, a suitable trap at a point as distant as may be practicable from such building and as near as may be practicable to the point at which such drain may be connected with the sewer into which it shall empty.
Inspection chambers
76. Wherever an intercepting trap is provided in pursuance of the foregoing requirements of these Regulations the person erecting the building shall provide in connection with such trap proper means of access for the purpose of cleansing by means of a manhole or inspection chamber.
Every person erecting a building shall provide such additional inspection chambers in the drainage system as the local authority may require.
The walls of all inspection chambers shall be of sufficient thickness constructed of brickwork or other suitable material, shall be impervious to moisture and the internal dimensions thereof shall be at least thirty inches in length and eighteen inches in width if the drain is not more than thirty-six inches deep and thirty-six inches in length and twenty-four inches in width if the depth of the drain exceeds thirty-six inches.
Proper iron or stone covers shall be provided for every inspection chamber and shall be fixed over such inspection chamber level with the ground above and such covers shall be properly bedded in suitable material.
Junction of drains
77. A person who shall erect a building shall not construct the several drains of such building in such a manner as to form in such drain any right-angled junction. He shall cause every branch drain or tributary drain to join another drain obliquely in the direction of the flow of such drain or by means of a channel bend, properly benched, in an inspection chamber.
Soil pipes
78. Every person who shall erect a building and shall construct or provide a soil pipe in connection with the drainage of such building shall comply with the following requirements:-
(a) the pipe shall be carried up outside the building vertically to such a height and in such a manner as to prevent effectually any escape of foul air from such pipe into any building in the vicinity thereof and in no case to a less height than ten feet;
(b) the open end of such pipe shall be above the eaves or parapet of any wall to which such pipe may be fixed and not less than three feet above the top of any window within twenty feet measured in a straight line from such open end;
(c) the open end shall be furnished with a wire or other suitable guard covering so constructed and fitted as to secure the free passage of air;
(d) no bend or angle shall (except where unavoidable) be formed in any soil pipe;
(e) every soil pipe shall be constructed of heavy cast iron coated pipes with socketed joints made with lead properly caulked or other equally suitable material properly jointed and shall be of an internal diameter of not less in any case than three and a half inches;
(f) no trap shall be placed between the pipe and the drains nor any trap other than such as may be necessary to arty apparatus or any water closet or slop sink in any part of such pipe.
Ventilation of drains
79. Every person who shall erect a building shall for the purpose of securing efficient ventilation of the several drains of such building constructed or adapted for conveying sewage, whether discharging into a septic tank or not, provide at the lower discharge end of such drain a fresh air inlet not less than twelve inches in area, and at the highest point, or as near as may be practicable to the highest point, a terminal ventilating shaft.
Such fresh air inlet shall be provided with a suitable valve, grating or other suitable cover to prevent any obstruction in or injury to any pipe or drain by the introduction of any substance through such opening.
Such terminal ventilating shaft shall be constructed of socketed cast iron soil or rainwater pipes not less than one-quarter of an inch in thickness, galvanized iron screwed pipes or other equally suitable material, not less than three inches in diameter.
The open end of such terminal ventilating shaft shall be carried up above the eaves or parapet of any wall to which such shaft may be fixed and not less than three feet above the top of any window within twenty feet measured in a straight line from such open end, and in any case not less than ten feet high, and shall be provided with a wire or other suitable guard covering so constructed and fitted as to secure free passage of air.
Inlets to drains
80. No person who shall erect a building shall construct any pipe drain of such building in such a manner as to allow any inlet to such drain (except such inlet as may be necessary from the apparatus of any water closet or any slop sink constructed or adapted to be used for receiving within such building any solid or liquid filth) to be made within such building.
Waste pipes
81. Every person who shall erect a building shall cause the waste pipe from every bath, sink (not being a slop sink constructed or adapted to be used for receiving any solid or liquid filth), lavatory or similar fitting to be properly trapped if such waste pipe is more than six feet in length, and such trap shall be fitted as near as possible to the fitting to which such waste pipe may be attached.
He shall also cause such waste pipe to be taken through an external wall of such building at a point as near as may be practicable to the fitting to which the waste pipe may be attached and to discharge on or into an approved gully trap.
He shall provide sufficient means of access for cleansing purposes and anti-syphonage pipes where necessary to all waste pipes and similar fittings to the satisfaction of the local authority.
All waste pipes and traps shall be constructed of six pound lead, galvanized screwed pipe or other equally suitable material.
Waste pipes and traps fitted to sinks shall have an internal diameter of not less than two inches, and waste pipes and traps fitted to baths, lavatories and similar fittings shall have an internal diameter of not less than one and a half inches.
Overflow pipes
82. Every person who shall erect a building shall cause the overflow pipe from any cistern and from every safe under any bath, water closet or similar fitting to be taken through an external wall of such building and to discharge in the open air clear of the building.
Access to rear
83. Where there is no public and convenient access to the rear of the site of any building in an unsewered district or of any building to be wholly or partly used as a dwelling-house the building shall be so designed as to leave outside the building a way of access at least three feet wide from a public road to the rear of such building.
Out-buildings
84.-(1) In the case of any application to erect as appurtenant to a building any out-building owing to the use of which unpleasant noises, unpleasant odours, or unusual risk of fire may reasonably be expected to arise, the local authority may determine in what position upon the allotment such out-building may be erected, or if it may be erected at all.
(2) Any building, other than an aviary used or intended to be used for the keeping of domestic animals should be wholly detached from a dwelling-house.
Basements and cellars
85. No basement or cellar shall be constructed or occupied as a dwelling or for any other purpose without the approval of the Board applied for and obtained.
Faulty or unsuitable materials
86.-(1) No person shall use materials in the construction, alteration, rebuilding, adding to or repairing of any building which have been used in the construction of any drain or sewer, or which for any other reason are dangerous to health.
(2) Only materials which have been approved by the local authority as fit for the purpose for which they were intended shall be used in the construction, alteration, rebuilding, adding to or repairing of any building. (Amended by Legal Notice 11 of 1970.)
(3) Any person who uses, or permits or orders any other person to use, in the construction, alteration, rebuilding, adding to or repairing of any building any materials which have been disapproved by the local authority shall be liable on conviction to a fine not exceeding $20.
(4) Where materials have been used in the construction, alteration, rebuilding, adding to or repairing of any building without the approval of the local authority having first been obtained and such materials are not approved by the local authority, the local authority may, by notice in writing, require the owner of the building to remove and replace such materials within a reasonable period to be specified in such notice, and if such notice is not complied with within the period specified therein the local authority may remove such materials at the expense of the owner of the building.
Provided that action under this paragraph shall be taken by the local authority within six months of the completion of the erection, alteration, rebuilding, adding to or repairing of a building.
Testing of materials
87. The local authority may test any building materials and prohibit the use of such materials as may be proved unfitted for the purpose for which they were intended.
Workmanship
88.-(1) Every part of a building shall be erected in good and workmanlike manner to the satisfaction of the local authority.
(2) Where the workmanship in connection with the construction, alteration, rebuilding, adding to or repairing of any building, or of the drainage, fittings, or out-buildings of any building is not to the satisfaction of the local authority, the local authority may require such work to be renewed by the owner of the building to the satisfaction of the local authority and may prohibit the occupation or use of the building until such work has been renewed to the satisfaction of the local authority.
(3) Any person who fails to comply with a prohibition order issued by the local authority under this regulation shall be liable on conviction to a fine not exceeding $20 and a fine not exceeding $4 for each day or part of a day during which the offence continues after conviction.
Removals
89. In the event of any person desiring to remove a building wholly or in part from one allotment to another, or from one part of an allotment to another part thereof for re-erection thereon, such person shall make written application to the local authority for its approval, submitting plans and particulars as in the case of a new construction, and each building when re-erected wholly or in part shall conform to this Part.
Saving
90. If, in the opinion of the local authority, a full compliance with this Part would needlessly and injuriously affect the course and operation of business, or be attended with great loss and inconvenience to any person, without a corresponding benefit to the community, the local authority may on special application, and subject to the approval of the Board, relax the strict observance of any provision, or modify the same, provided that such other terms as they may impose be complied with by the applicant.
Inspection - Cutting into building
91.-(1) The local authority may order the inspection, opening, or cutting into, or pulling down of any work where the local authority has reason to believe or suspect that anything has been done in contravention of this Part, and in the event of work being found to have been done in contravention of this Part, the person doing the work shall be required to comply with this Part, and shall bear the full cost such pulling down, opening or cutting into and of compliance with this Part.
(2) In the event of the work being found to have been done in accordance with the requirements of this Part the cost of such pulling down, opening or cutting into, as well as the cost of reinstatment, shall be borne by the local authority.
Inspection before occupation
92. The owner of a newly constructed building shall not occupy, use or permit to be occupied or used, such building without first obtaining from the local authority a certificate of inspection in the form set out in the Second Schedule that the building is constructed in accordance with these Regulations.
(Substituted by Regulations 16 May 1947)
Wall footings
93.-(1) Every person who shall erect a building of brick, stone or the like shall construct every wall of such building, unless built upon solid soap-stone foundation, to rest upon proper footings, or upon a sufficient bressummer.
(2) The projection of the bottom of the footing on each side of such wall shall be at least equal to one-half the thickness of the wall at its base, unless an adjoining wall interferes or unless the wall is upon the boundary of the land, in which case the projection may be omitted on the side of the boundary or where the wall adjoins.
(3) The diminution of the footing shall be in regular off-sets, and the height from the bottom of such footing to the base of the wall shall be at least equal to two-thirds of the thickness of the footing at its base.
Damp-proof course
94.-(1) This regulation shall apply to walls constructed of brick, stone or concrete blocks or the like materials, and to walls of any materials readily permeable by water.
(2) Every person who shall erect a building shall cause every wall of such building to have a damp-proof course laid the full width of the walls in such a manner as completely to insulate all floor timbers and the walls above the floor-levels from dampness arising from the ground. Such damp-proof course shall be constructed so as to comply with the other provisions of this regulation.
(3) The damp-proof course shall be of sheet lead, or asphalt or slate laid in two courses in cement, or of such other durable material impervious to water as may be approved by the local authority.
(4) The damp-proof course shall, except as provided in paragraph (5), be laid at a height of not less than six inches above the level of the surface of the ground adjoining the wall.
(5) The damp-proof course shall, subject to the other provisions of this regulation, be laid at or beneath the level of the underside of the plates supporting the lowest floor of the building not being the floor of a cellar adapted and intended to be used for the purpose of storage only.
Cement
95. Cement to be used shall be of the best quality, fresh, free from lumps and shall conform to the British Standard Specification for Portland cement.
Aggregate
96. Sand or gravel or crushed stone shall be clean, free from loam or other foreign matter, and of size and character suited to the nature of the work in which it shall be used.
Steel
97. Steel shall be commercial mild steel bars of standard quality, clean and free from scale, rust or other adhering matter likely, in the opinion of the local authority, to lessen or destroy the adhesion of steel and concrete.
External walls
98.-(1) No concrete wall shall be erected which has not adequate support at both ends by means of piers, cross-walls, abutments or other support approved by the local authority.
(2) No concrete external wall shall be erected which shall be less than four inches in thickness, provided always that the local authority may require that the thickness of such walls be increased or may permit the thickness to be decreased on account of any special circumstances or conditions which, in its opinion, warrant such construction. (Amended by Regulations 16 February 1953.)
(3) In all concrete external walls of buildings with wooden ground floors adequate provision shall be made in the base of the wall for ventilation and cross ventilation of the space under the floors.
(4) The bases of all wall piers shall be enlarged as may be necessary to distribute the total load carried by the pier, according to the bearing capacity of the subsoil or subfoundation.
(5) The width of the foundation of wall panels shall be at least twice the thickness of the wall panel. The bases of all wall panels supported by piers shall be carried down into the ground a sufficient distance to prevent the entry of surface water or seepage into the area under the ground floor, and the local authority may if it deem it necessary direct that special drainage be provided to prevent such entry of surface water or seepage under wall panels between piers.
Internal and partition walls
99.-(1) Internal and partition walls, if in reinforced concrete, shall be at least four inches thick:
Provided that the local authority may permit such thickness to be decreased on account of any special circumstances or conditions which, in its opinion, warrant such decreases. (Amended by Regulations 16 February 1953.)
(2) The junctions of all internal walls with external walls and with adjoining internal walls shall be monolithic in construction and the horizontal steel reinforcement shall be carried from one wall into the other a distance of not less than eighteen inches, and mechanical anchorage shall be provided by hooking or cranking the ends of all such bars.
(3) The provisions set out in the preceding regulations for the ventilation through the external walls of the space under floors shall also apply to internal partition walls.
Concrete buildings
100. The concrete used in the construction of buildings of this class shall conform to the following requirements:-
(a) it shall develop a crushing strength of at least one thousand eight hundred pounds per square inch after twenty-eight days;
(b) it shall resist the disintegrating action of fire, and no aggregates which fly under the action of heat shall be used in the construction of structural members;
(c) in external walls it shall be sufficiently dense to prevent the percolation of moisture into the interior of the wall;
(d) in all work above ground-floor level, it shall be free from salt in sand, aggregate, or water.
Floor slabs
101. Suspended floor slabs shall not be less than four inches thick and the thickness shall increase in proportion to the load.
Alteration of other buildings to dwellings
102. Where it is proposed to alter a building so that it may be used as a dwelling-house, the local authority may require that the whole building (when so altered) shall comply with the provisions of this Part of these Regulations which apply to a dwelling-house.
Space outside windows
103. If there be any wall of a building in which it is proposed to provide a window or door opening, that wall shall be set back (throughout its whole length) from the line of the allotment to a distance of three feet in the case of a building of one storey or to a distance of five feet in the case of a building of two storeys. This regulation shall not apply to windows fronting the street boundary or registered easement of sufficient width to provide the necessary outside space.
Rooms
104.-(1) Every person who shall erect any building shall provide that every habitable room thereof shall have a floor space of at least sixty-four square feet.
(2) Every person who shall erect a building shall construct every room of such building which shall be intended to be used for human habitation in accordance with such of the following requirements as may be applicable to the circumstances of the case, that is to say:-
(a) every such room which is an attic wholly or partly in the roof of such building shall, for at least two-thirds of the area of the floor, be not less than nine feet high and shall not in any part be less than seven feet in height;
(b) every such room which is not an attic wholly or partly in the roof of such building shall either -
(i) not be in any part less than eight feet in height; or
(ii) be of an average height of not less than eight feet six inches and not be in any part less than seven feet in height.
(Amended by Regulations 16 February 1953.)
Light and ventilation
105.-(1) Every person who shall erect a building shall so provide for the purpose of ventilation that there shall be between the under side of the lowest timber of the floor framing upon which the ground floor of such building is laid and the ground surface a clear space of twelve inches at least in every part, and such space shall be thoroughly ventilated and cross-ventilated by means of suitable and sufficient air-bricks or other effectual method.
(2) Provided that where the lowest floor is constructed by filling with concrete, asphalt, or other approved material this provision shall not apply.
(3) Dwelling-houses of which the floor is of earth shall not be erected in town sanitary districts and where erected in rural sanitary districts shall have the floor raised twelve inches above the level of the adjacent ground on all sides of the house.
(4) Every person who shall erect a dwelling-house shall provide in every room thereof, for every one hundred feet or part thereof of floor space, one hundred and twenty square inches at the least of unobstructed ventilation to the outer air by means of air-bricks or other efficient ventilators situated at or near the level of the ceiling.
(5) Every person who shall erect a building shall construct in every habitable room of such building one glazed window or glazed door at the least opening directly to the external air, and shall cause the total area of such window, or if there be more than one, of the several windows, clear of the sash frames to be equal at the least to one-tenth of the floor area of such room. In the case of windows opening on an enclosed verandah their area for the purpose of this regulation shall be taken as twenty per cent less than their actual area:
Provided that in the case of windows opening to verandahs where glass is not required for weather protection the local authority or Board may approve clear openings or windows other than glazed windows.
Such person shall also construct every such window so that one-half at the least may be opened.
(6) Where a verandah is enclosed at least one-half of its total external side or sides shall consist of glass, wire mesh or other approved material which will admit light. (Amended by Regulations 20 September 1940.)
Bedrooms - Additional ventilation
106. In every bedroom or room intended or adapted to be used for sleeping and having only one window there shall be provided inlet or cross-ventilation by means of at least forty square inches of unobstructed opening in some wall of the room other than that in which the window is situated. Such opening may be by an additional window, fireplace, fan-light, air-brick or any suitable means.
Overcrowding
107. Any room wholly or partly used as a sleeping apartment shall not be occupied at any one time by a greater number of persons than will allow forty square feet of unobstructed floor space for each person exceeding ten years of age and thirty square feet of unobstructed floor space for each person of ten years of age or less:
Provided that if the average height of the room is less than eight feet the floor space above shall be increased in the proportion of one-eighth for every foot or part of a foot by which the average height falls short of eight feet.
Any room occupied by a greater number of persons than will permit of the above allowances shall be deemed to be overcrowded.
Kitchens
108.-(1) Every dwelling-house shall be provided with a suitable kitchen for the preparation and cooking of food.
(2) The kitchen shall have a floor area of not less than fifty square feet and the ceiling shall either -
(i) not be in any part less than eight feet in height; or
(ii) be of an average height of not less than eight feet six inches and not be in any part less than seven feet in height.
(Amended by Regulations 28 March 1962.)
(3) No kitchen shall be combined with any bathroom.
(4) In residential tenement buildings there shall be one kitchen provided for each three rooms. (Amended by Regulations 16 February 1953)
Bathrooms and washing places
109.-(1) Every dwelling-house which is supplied with water from a pipe supply shall be provided with a bathroom, or combined bathroom and laundry with water laid thereto.
(2) The floor surfaces of bathrooms shall be of such material, and so graded and drained, as the local authority may order.
(3) In town sanitary districts no bathroom shall have a floor area of less than thirty square feet and a combined bathroom and laundry shall have a floor area of not less than fifty-six square feet.
(4) In residential tenement buildings there shall be one bathroom provided for each four rooms.
(5) For every hotel, lodging-house or boarding-house, there shall be provided separate bathrooms for each sex at the rate of one bathroom for the first six persons of each sex ordinarily lodging or residing in the building, and for every subsequent six, or part of six persons of either sex, one additional bathroom shall be provided.
(Amended by Regulations 13 December 1943.)
Standpipes
110. Where in connection with any building a stand-pipe is provided adjacent to the building such stand-pipe shall be placed at the side of a concrete slab, surrounded by dwarf walls not less than six inches high, with efficient drainage therefrom.
Yards and passages
111. It shall be competent for the local authority to direct that any portion of the rear or side-yard area, or passages, of any dwelling-house in a town sanitary district, be paved in concrete or other impervious material laid with proper falls to an efficient drainage outlet.
Hospitals and nursing homes, public or private
112.-(1) Hospitals and nursing homes or buildings designed or intended or adapted to be used as hospitals and nursing homes shall comply with the following special provisions in addition to the other provisions of this Part which apply thereto.
(2) Every hospital and nursing home shall have at least two means of exit as remote as practicable from each other, with the corridors and stairs, if any, leading to such exits of ample width for the removal of patients in case of fire.
(3) A hospital and nursing home of timber construction shall not exceed one storey in height.
(4) A hospital and nursing home of two storeys and over in height shall be of fire-resisting construction.
(5) The minimum width of any door or doors between a ward and the two exits, or of any stair between a ward and the two exits, shall be three feet six inches, and the minimum width of any passage between wards and the two exits shall be four feet, The building shall be so planned that occupied beds may be wheeled or carried from the wards to the two exits.
Division 4 - Commercial Buildings, Office Buildings, Shops, Stores, Warehouses and Bulk Stores, Hotels, Theatres (including Cinema Theatres), Professional Chambers and the like
Proportion of site which may be covered
113.-(1) In no case, except as provided in paragraph (2), shall a commercial building, together with its appurtenances, to be erected on any allotment, occupy more than two thirds of such allotment. A clear space of at least ten feet from the back wall of such building shall be provided across the whole width of the allotment and a clear space of five feet shall be provided between the side walls of such building and the side boundaries of the allotment.
(2) Where a commercial building, together with its appurtenances, is to be erected on an allotment having frontage to two or more streets each having a width of not less than forty feet a clear space of five feet shall be provided between the side walls of the building and any side boundary of the allotment which is also the boundary of an adjoining allotment. Subject to satisfactory provision for light and air, the building may occupy the residue of the allotment.
(3) Notwithstanding anything contained in paragraph (1) and (2), any part of a building used solely for commercial purposes may, subject to satisfactory provision for light and air, be built up to the side boundary of the allotment if the side wall is constructed of concrete, brick, stone or other similar fireproof material. This provision shall apply also to any part of the ground floor of an hotel or combined shop and dwelling not used as a sleeping apartment. The upper floors thereof shall be constructed in accordance with the regulations governing dwellings.
(Substituted by Regulations 13 December 1943.)
Strength of floors
114. The local authority may require that there shall be displayed upon the wall of any room or rooms a permanent and legible notice stating the bearing capacity of the floor.
Lighting
115.-(1) No part of any floor of any office building, shop, factory or work-room shall be distant more than thirty feet from an unobstructed window fronting a road, right-of-way, open space of unobstructible light area or court, of twenty-five feet from a window fronting an enclosed light area or court, unless in the opinion of the local authority the size and disposition of the windows of the building are such that a greater distance from such windows, up to a maximum of sixty feet, is justifiable.
(2) No part of any floor of a warehouse building or bulk store shall be more than sixty feet from an unobstructed window facing a road, right-of-way, open space or unobstructible light area or court, or fifty feet from a window fronting an enclosed light area or court, unless in the opinion of the local authority the size and disposition of the windows of the building are such that a greater distance from such window, up to a maximum of one hundred feet, is justifiable.
Theatres and public halls
116.-(1) Every new building to be erected as a theatre or stage play-house intended to be used as a building for public resort, after the coming into force of these Regulations, shall have external doors, corridors, passage-ways, and staircases for the use of the audience of the dimensions specified in this regulation.
(2) The minimum width of free exit doorway (in the aggregate) shall be at least eighteen inches for each one hundred persons, or fraction of one hundred persons, that the building is capable of containing, the width in no case being less than three feet six inches. The width of staircase, internal corridors, or passage-ways from the different parts of the building shall be provided for in a similar manner. All passages shall open level on to the street so that the footpath is not encroached upon by steps.
(3) In all cases where a portion of the audience is to be accommodated over or at a higher level than other of the audience, a separate means of exit of the width above described and communicating directly with the street or right-of-way shall be provided from each floor or level.
(4) A clear passage or gangway of not less than three feet wide shall be reserved and kept clear during any performance round every part appropriate to the audience, except that next to the place of performance. The stage shall have a separate exit. All external doors shall open outwards or, if sliding doors be used, there shall also be patent swing-doors at a convenient distance within, and the sliding doors shall be kept wide open during the time the public are using the building.
(5) Sufficient closet and urinal accommodation, drainage, ventilation and fire-extinguishing apparatus shall be provided in connection with all such buildings to the satisfaction of the local authority.
Existing structures.
117. All exit doors, passage-ways, staircases and corridors from different parts of buildings of this class now erected shall be altered in accordance with this Part within three months of its coming into force.
PART IX - PRIVIES
Application
118. This Part shall apply throughout Fiji to all privies not connected to a sewerage system.
Type of privies
119.-(1) Every privy shall be one of the following types:-
(a) a bore-hole or pit, covered with a cement slab with tight-fitting plug; lid or a cement pedestal with a flyproof hinged lid;
(b) a washdown W.C. connected to a septic tank;
(c) an approved chemical closet; or
(d) such other type of privy as the local authority may approve in any particular instance.
(2) All privies shall be constructed to the satisfaction of the local authority and in accordance with such provisions of this Part as apply thereto.
(3) The local authority may specify which type of privy shall be installed in connection with any particular premises.
Position of privies
120.-(1) With the exceptions of a water closet or an approved chemical closet no privy shall be erected within twenty feet of any dwelling or within fifty feet of any well from which water may be drawn for domestic purposes or within twelve feet of any road or street or within six feet of the boundary of any premises.
(2) Where, in accordance with this regulation, a privy is constructed inside a building one of the walls of such privy, at least, shall be an external wall of the building.
(3) Every privy shall, as far as possible, be screened from public view.
Privy buildings
121.-(1) Every privy building shall be a substantial structure, shall be enclosed on all sides and have a floor area of not less than fifteen square feet, and shall be provided with a door properly hung.
(2) Every privy building shall be provided with adequate light and constant ventilation to the satisfaction of the local authority, and no privy building shall ventilate directly into any room used for the manufacture, preparation or storage of food for man or used as a public building, school, factory, workshop or workplace.
(Amended by Regulations 13 December 1943.)
(3) Except when fitted with a cement slab the floor of every privy building shall be paved with such material as the local authority may order to prevent soakage through the floor and such floors shall be laid with adequate fall to an approved drainage outlet.
Bore-hole or pit privies
122.-(1) No bore-hole or pit privy, nor any outlet from a bore-hole or pit privy, shall be connected to any drain.
(Substituted by Regulations 13 December 1943.)
(2) Every ventilation opening from a bore-hole or pit privy shall be screened to prevent the entrance of flies and mosquitoes.
Water closets and septic tanks
123.-(1) Every water closet shall be provided with a pan, basin or other suitable receptacle of non-absorbent material so constructed and fitted as to receive and contain a sufficient quantity of water and to allow any filth to fall free of the sides and directly into the water.
(2) Every water closet shall be provided with a suitable cistern or flushing box for the effectual application of the water in the cistern or flushing box to the pan and for the prompt and effectual flushing and cleansing of the pan.
(3) No part of the water closet apparatus other than the cistern or flushing box shall be directly connected with any water pipe.
(4) No "container" or similar fittings, nor any trap of the type known as a "D" trap, shall be fixed in connection with any water closet.
Septic tanks
124.-(1) A septic tank shall not be constructed or altered without the permission of the local authority.
(2) Any person who proposes to construct a septic tank, shall, before commencing the work, apply in writing to the local authority for permission so to do. Such applications shall be accompanied by -
(a) complete plans and specifications of the proposed work; a block plan, to scale, of the premises and of the adjoining premises, public ways, or places in which the proposed position of the septic tank and all drains is accurately shown;
(b) a statement of the way in which it is proposed to dispose of the effluent waters from the septic tank; and
(c) a statement of the number of persons residing, or probable number of persons likely to reside, on the premises or the number of persons likely to use the sanitary fittings connected to the septic tank.
(3) The local authority may, after submitting such plans to the Board, grant or withhold permission, but shall not grant permission in any case or under any circumstances in which the Board recommends refusal.
(4) The information required by sub-paragraphs (a), (b) and (c) of paragraph (2) shall be furnished in duplicate and one copy shall be retained by the local authority.
(5) All new septic tanks shall be constructed as far as practicable to the model plan approved by the Board and shall comply with the following conditions:-
(a) the volume of liquid contents of the septic tank shall be not less than two hundred gallons for a tank serving eight persons, and the capacity of the tank shall be increased by ten gallons in respect of each additional person served by the tank;
(b) no Buchan or other trap shall be fitted on the inlet drain to the tank, and entry shall be by way of a "London", "Y" or square junction, the socket end forming a cleaning eye. The cleaning eyes shall be at least two inches below the cover of the tank and shall not be plugged. The invert shall be four inches above the level of the liquid contents of the tank. The lower end of the inlet junction shall terminate at a point about half the depth of liquid in the tank and not more than twelve inches below the seal;
(c) the screen wall shall be placed about two-thirds of the length of the tank from the inlet end. The top of the screen wall shall be four inches below the cover of the tank over one-third or more of the length of such screen wall. The compartments shall be connected by two openings symmetrical about an axis at half the depth of liquid in the tank and for a minimum size tank the openings shall be eight inches wide and six inches high;
(d) the outlet fittings shall be similar in every way to the inlet fittings and for a minimum sized tank the invert of the outlet shall be two feet six inches above the floor of the tank;
(e) the effluent shall be carried to an approved discharge point by properly laid spigot and socket concrete earthenware or metal pipes not less than four inches in diameter. Where the effluent is discharged into an open drain, rainwater and domestic waste from the premises served by the septic tank shall, as far as practicable, be connected to such open drain in such a manner as to dilute the effluent and assist the flow; (Amended by Regulations 6 August 1960.)
(f) the tank shall be ventilated by a mushroom or other approved type inlet at least four inches in diameter and at least six inches above the cover. The ventilator shall be placed as near as practicable to the discharge end of the tank and there shall be free circulation of air from this inlet through the tank to the inlet drain. The inlet drain shall be properly ventilated by a vent pipe at least four inches in diameter carried at least ten feet above ground. The air inlet and vent pipe shall be protected with wire gauze capable of preventing the ingress of mosquitoes;
(g) the septic tank shall be constructed in a proper and workmanlike manner of cement concrete not poorer than 4:2:1. The walls and top shall be not less than four inches in thickness and the floor shall be not less than six inches in thickness. The top, sides and floor shall be reinforced with ⅜ inch diameter steel rods spaced not more than nine inch centres both ways;
(h) an airtight inspection cover shall be provided for each compartment, such cover shall be above ground level and shall not be covered with earth;
(i) all septic tanks and all drains and sanitary fittings in connection therewith shall be subject, before use, to hydraulic test for water-tightness by an officer of the Board or local authority;
(j) except with the special permission in writing of the Board no septic tank shall be built within twenty feet of a living room or any room or place where food is prepared.
(6) If a septic tank becomes, in the opinion of the local authority or the Board, a nuisance or danger to health, the local authority or Board may by notice in writing direct the owner of the premises to remedy the defect, and the occupier of the premises to cease using it forthwith, and such owner or occupier shall comply with such notice.
(7) No person shall construct a septic tank in contravention of any of the provisions of this regulation, or which is, in any respect, not in conformity with any application approved by the local authority.
(8) All pipe work, tank construction or sanitary fittings installed in connection with any septic water carriage or similar system shall be carried out only by or under the supervision of a licensed drain-layer, licensed sanitary plumber, or other skilled workman to the satisfaction of the local authority.
Pan privies
125.-(1) Where the installation of a pan privy is approved by the local authority the construction of the privy building and the fittings thereof shall be in strict accordance with the directions of the local authority.
(2) No receptacle used in connection with a pan privy shall be conveyed through any room used for the purpose of human habitation, or used for the manufacture, preparation or storage of food for man, or used as a public building, school, factory, workshop or workplace.
Maintenance of privies
126. The owner or occupier of any premises on which a privy is situated shall maintain such privy and appurtenances in good order and repair, and in a clean and flyproof condition to the satisfaction of the local authority, medical officer of health or sanitary inspector.
Number of privies to be provided
127.-(1) There shall be provided for every building intended for human occupation at least one privy, and for each dwelling-house in which domestic labour is employed a separate privy shall be made available for the use of servants to the satisfaction of the local authority.
(2) Where the number of persons ordinarily present in or about such building during the whole or part of the day exceeds twelve, separate privies shall be provided for each sex for every twenty such persons or part of twenty persons of either sex.
(3) Where the building includes more than one warehouse, factory, shop, office or other business it shall be optional to provide privies for the building as a whole or for each separate unit in the building.
(4) For every hotel, boarding-house, lodging-house or other building where numbers of persons may ordinarily lodge or reside, there shall be provided separate privies for each sex at the rate of one privy for every twelve persons or part of twelve persons of each sex ordinarily lodging or residing in the building.
(Amended by Regulations 13 December 1943.)
(5) For every day-school carried on in a building used solely for school purposes, separate privies shall be provided for teachers and adults, and children respectively, according to the following scale:
Provided that the number of privies to be provided for children shall be determined by the average attendance at the school during the immediately preceding quarter of the year.
(a) Teachers and adults-Separate privies for each sex at rate of one privy for every twenty persons or part of twenty persons of either sex ordinarily present in or about the building during part or the whole of the day.
(b) Children-boys-One privy for every thirty-three boys or part of thirty-three boys up to two hundred boys, and an additional privy for every fifty boys or part of fifty boys, provided separate urinal accommodation is available.
(c) Children-girls-One privy for every twenty girls or part of twenty girls up to two hundred girls, one additional privy for every twenty-five girls or part of twenty-five girls over that number up to three hundred girls, and one additional privy for every thirty-three girls or part of thirty-three girls over three hundred.
PART X - GARBAGE PANS AND ACCUMULATIONS
Application
128. This Part shall apply to the whole of Fiji outside the city of Suva.
Garbage pans to be provided
129. Every owner or occupier of any house, residence, shop, building, premises or other place may be required to provide a sufficient number of garbage pans of a type and shape approved by the local authority and provided with tight-fitting lids, for the reception of the dust, garbage, ashes and refuse arising from or existing upon such premises to the satisfaction of the local authority, medical officer of health or sanitary inspector, and shall -
(a) at all times keep such garbage pans close covered except when depositing dust, garbage, ashes or refuse therein;
(b) deposit no liquid matter therein, nor rubbish which might reasonably be destroyed upon the premises;
(c) keep the garbage pans and the lids thereof clean and in good repair and condition;
(d) where no public garbage collection service is in operation arrange for all garbage pans to be emptied not less than twice weekly.
(Amended by Legal Notice 206 of 1977.)
Dimensions of garbage pan
130. No garbage pan shall exceed three cubic feet capacity.
Compulsory use of garbage pans
131. Every occupier may be required to cause all rubbish, garbage, ashes and refuse arising from such premises save as specified in paragraph (b) of regulation 129, to be deposited in such garbage pans, and any garbage, rubbish, house-sweepings or other refuse shall not be scattered upon or within the curtilage of any house or building, nor heaped or deposited therein, save in a garbage pan.
Accumulations
132. No person shall deposit or permit to be deposited upon any roadway, land or foreshore, or into any stream or creek any filth, ashes,
refuse, rubbish or garbage.
(Amended by Regulations 8 September 1938.)
Prevention of accumulations
133.-(1) The occupier of any premises shall be deemed to have offended against this Part where any filth, ashes, refuse, rubbish or garbage, other than that contained in a proper garbage pan is found on such premises.
(2) Where there is filth, ashes, refuse, rubbish or garbage on premises of which there are more than one occupier, either in several parts of the premises or in occupation of the whole of the premises either as tenants from year to year, or for any less term, or as tenants at will, any one of such occupiers shall be deemed to have committed an offence against this Part.
(3) Where in the case last mentioned the medical officer of health or sanitary inspector has required the owner of the premises either orally or in writing to remove such filth, ashes, refuse, rubbish or garbage and such filth, ashes, refuse, rubbish or garbage is allowed to remain for twenty-four hours after the notice is given, such owner shall be deemed to have committed an offence against this Part.
PART XI - KEEPING OF ANIMALS
Application
134. This Part shall apply to the whole of Fiji.
Keeping animals in town
135.-(1) No person shall keep, or permit or suffer to remain, within any town, any animal without the permission in writing of the local authority.
(2) Every permit shall be annual and shall expire on the thirty-first day of December of each year. (Substituted by Regulations 26 October 1945.)
Keeping animals near buildings
136. No person shall keep, or permit or suffer to remain, any animal within two hundred feet of any church, school, dwelling, house, shop, store, factory, or workshop, or permit or suffer any animal to be grazed or herded on any road or land where damage to any public drain or similar works is likely to be caused by such animal.
Site of building for animals
137. No person shall erect or permit to remain any building, housing or shelter for any animal at a less distance than two hundred feet from any church, school, dwelling, house, shop, store, factory or workshop.
Flooring of building for animals
138. No person shall use any building for the purpose of keeping any animal unless the floor of such building is so constructed and paved as to prevent soakage of liquid into the ground to the satisfaction of the local authority.
Buildings for animals to be kept in repair
139. Any person who shall keep or permit to be kept any animal in any building shall cause the walls and partitions of such building to be kept at all times in good order and repair and shall do all such acts and things as the local authority may direct to prevent the absorption therein of any refuse or filth or of any offensive or noxious matter which may be deposited therein or brought into contact therewith.
Sanitation
140. Every building used for the purpose of housing or sheltering any animal and the land surrounding such building or adjacent thereto shall be kept in a clean and sanitary condition to the satisfaction of the local authority, medical officer of health or sanitary inspector, and so far as possible shall be kept and maintained free from flies, rats, vermin and offensive odours.
PART XII - PENALTIES, ETC.
Offence
141. Any person who wilfully obstructs or resists or in any way interferes with a medical officer of health or a sanitary inspector in the performance of his duties under these Regulations shall be guilty of an offence against these Regulations.
General penalty
142. Any person who commits a breach of these Regulations shall, where no specific penalty is provided, be liable to a fine not exceeding $10 for each offence and, in the case of a continuing offence, to a further fine not exceeding $4 for each day during which the offence continues after conviction.
FIRST SCHEDULE
(Regulations 46 and 47)
______
APPLICATION FOR PERMISSION TO ERECT, ALTER,
RE-BUILD, ADD TO OR REPAIR A BUILDING
Sanitary district of: Application No.:
Name and address of owner:
Name and address of builder:
Location of building or proposed building-Street:
Section: Lot:
Class of building (house, shop or other building):
Number and particulars of rooms and offices (giving dimensions):
Value of building:
Full description of materials to be used (stating whether new or second-hand):
Description of drainage of building and drainage of site:
Means of access:
Type of foundations (whether raised from ground, etc.):
Means of lighting and ventilation:
Sanitary accommodation:
Water supply:
Details of bathrooms, washing places, kitchens and any out-buildings in connection with buildings:
Particulars of plans submitted with this application:
I declare that, to the best of my knowledge and belief, the foregoing particulars are correct in every detail, and that if this application is approved the building will be erected, altered, rebuilt, added to or repaired in strict conformity with the plans and specifications submitted and in accordance with the regulations and requirements of the Local Authority.
Date:
Signature of Applicant
Report on application (with details of any special instructions given to applicant):
Date:
for the Local Authority
______
SECOND SCHEDULE
(Regulation 92)
(Inserted by Regulations 16 May 1947.)
______
CERTIFICATE OF INSPECTION
This is to certify that the building situated at ................... and owned by .............. has been completed in accordance with the Public Health Regulations.
Building Register No.:
Date:
Local Authority
______
SECTION 7 - APPOINTMENT OF MEDICAL OFFICERS OF HEALTH
Notice 20 August 1936
All medical officers in the service of the Fiji Government shall be medical officers of health for the purposes of the Public Health Act.
_______
SECTION 8 - APPOINTMENT OF OFFICERS AND SERVANTS OF CENTRAL BOARD OF HEALTH
Notice 20 August 1936
All sanitary inspectors in the service of the Fiji Government shall be sanitary inspectors of the Central Board of Health.
(Other appointments of officers and servants of the Central Board of Health not reproduced, being only appointments by name.)
______
SECTION 9 - RESOLUTION FIXING RURAL SANITARY DISTRICTS
______
TABLE OF PROVISIONS
______
PARAGRAPH
1. Short title
2. Rural sanitary districts
Schedule - Rural Sanitary Districts
______
Resolutions 4 July 1958, 21 October 1958, 25 July 1959,
Legal Notices Nos. 28 of 1972, 105 of 1974
Short title
1. This Resolution may be cited as the Public Health (Rural Sanitary Districts) Resolution.
Rural sanitary districts
2. The rural sanitary districts specified in the Schedule are hereby fixed and defined.
SCHEDULE
(Paragraph 2)
(Amended by Legal Notices 28 of 1972, 105 of 1974.)
______
RURAL SANITARY DISTRICTS
I - Sigatoka -
The whole of the Province of Nadroga and Navosa exclusive of the Tikina of Malolo, the northern portion of the Tikina of Malomalo,
and being more particularly as described hereunder, that is to say commencing at Qalimaca Point at high water mark of the sea coast,
and being the southernmost extremity of the eastern boundary of the Tikina of Baravi, thence generally northerly and westerly and
following the eastern boundaries of the Tikina of Baravi, and Ruwailevu, the eastern and northern boundaries of the Tikina of Navosa,
and the northern boundaries of the Tikina of Ruwailevu, Sigatoka and Malomalo to Takuradradra Trigonometrical Station, thence in
a westerly direction by a direct line passing through Trigonometrical Station "A" to high water mark of the sea coast, thence southerly
and easterly and following high water mark of the sea coast to Qalimaca Point at the point of commencement, inclusive of all islands
in the Province of Nadroga and Navosa.
II - Nadi -
All those areas of land, in the Province of Ba, contained in the whole of the Tikina of Nadi together with the small islands adjacent
thereto and the island of Malamala and Yakuilau, the whole of the Tikina of Nawake, part of the Tikina of Vuda being the area south
of the Sabeto River, and part of the Tikina of Malomalo, in the province of Nadroga and Navosa, being the area north of a straight
line from Takudradra Trigonometrical Station on the eastern boundary of the Tikina of Malomalo passing Trigonometrical Station "A"
to the high water mark on the sea coast but excluding the island of Tavarua, the areas contained within the boundaries of the town
of Nadi and the areas within the boundaries of Nadi International Airport.
The area is broadly illustrated in blue on plan PP119 kept in the office of the Permanent Secretary for Lands and Mineral Resources and available for inspection in the offices of the Secretary, Central Board of Health, Government Buildings, Suva and the Nadi Rural Local Authority at Health Office, Nadi.
III - Lautoka -
All those areas of land in the Province of Ba contained within the whole of the Tikina of Malolo, the Tikina of Naviti, the Tikina
of Yasawa and the part of the Tikina of Vuda being the area north of the Sabeto River and south of the boundary formed by part of
the Western boundary of Crown Grant No. 1258 from Nacilau Point on the area coast to the Tellurometer Station No. 69 on the western
alignment of the Kings Road, by the ridge from the Tellurometer Station No. 69 to Vadigotu Trigonometrical Station, by direct line
from the Vadigotu Trigonometrical Station to the south-eastern corner of Crown Grant No. 1137 and by a direct line from the south-eastern
corner of Crown Grant No. 1137 to Nalawelo Trigonometrical Station on the eastern boundary to the Tikina of Vuda, and including all
the small islands adjacent to the coast of the Tikina of Vuda, and the islands of Bekana, Kadavu, Levuka, Malevu, Nukuimanu, Sawale,
Tai, Tivua, Vio, Vorno, Vomolailai, Nanuvadra, and the small islands adjacent thereto, and the island of Tavarua in the Tikina of
Malomalo in the Province of Nacrago and Navosa, but excluding the areas contained within the boundaries of the city of Lautoka.
IV - Ba -
The whole of the Tikina of Ba and Magodro together with that portion of the Tikina of Vuda lying to the east of the Teidarnu Gap,
exclusive of the area contained within the boundaries of the Town of Ba, and being more particularly described hereunder, that is
to say, commencing at the northern extremity of the common boundary between the Tikina of Ba and Tavua, the said point being on the
sea coast at Vatutavui Village, thence in a south easterly and southerly direction and following the eastern boundary of the said
Tikina of Ba to its junction with the boundary of the Tikina of Magodro, thence generally southerly, westerly and north westerly
and following the eastern, southern and south western boundaries of the said Tikina of Magodro to its junction with the south western
corner of the said Tikina of Ba, thence in a general northerly direction and following the western boundary of the Tikina of Ba to
Nalawelo Trigonometrical Station, thence in a westerly direction by a direct line to the south eastern corner of Tauarau West, Crown
Grant No. 1137, thence in a north westerly direction by a direct line to Vadigotu Trigonometrical Station, thence in a general north
westerly direction and following the ridge top and crossing the King's Road and continuing to Korovunitoto Trigonometrical Station,
thence in a northerly direction and descending the spur to the sea coast at Nacilau Point, thence in a general easterly direction
and following high water mark of the sea coast to the northern extremity of the common boundary between the Tikina of Ba and Tavua
and being the point of commencement, exclusive of the area contained within the boundaries of the Town of Ba, but inclusive of all
islands in the Tikina of Ba.
V - Tavua -
The whole of the Tikina of Tavua.
VI - Ra -
The whole of the Province of Ra.
VII - Korovou -
The whole of the Tikina of Wainimala, Matailobau, Wainibuka and Sawakasa together with that portion of the Tikina of Verata lying
to the north of a line drawn from Nameka village to Sote village and continuing to the sea coast by way of the right bank of the
Waidalici River and including the islands of Vatulami and Tawainave.
VIII - Nausori -
The whole of the Tikina of Waimaro Lomaivuna, Rewa, Noco, Nakelo and Bau, together with the northern portion of the Tikina of Naitasiri,
and the southern portion of the Tikina of Verata, but exclusive of the area contained by the boundaries of the Town of Nausori, and
being more particularly described hereunder, that is to say, commencing at the mouth of the Waidalici River, thence in a south westerly
direction and following the said Waidalici River upstream to Sote Village, thence in a westerly direction by a direct line to the
eastern boundary of the Tikina of Lomaivuna at Nameka Village, thence generally northerly, westerly, southerly and easterly and following
the northern boundary of the Tikina of Lomaivuna and the northern, western and southern boundaries of the Tikina of Waimaro to the
western boundary of the Tikina of Naitasiri, thence southerly and following the western boundary of the Tikina of Naitasiri to a
point half a mile north of Nakobalevu Trigonometrical Station, thence in an easterly direction by a direct line to Savura Creek,
thence generally easterly and south easterly and following the Savura Creek downstream to a point half a mile west of Marshall Trigonometrical
Station, thence in an easterly direction for half a mile to the said Marshall Trigonometrical Station and continuing in an easterly
direction to Waisila Creek, thence in an easterly direction and following the said Waisila Creek downstream for approximately one
mile, thence easterly by a direct line to the Wainibuku Creek, thence south easterly and southerly and following the said Wainibuku
Creek downstream to its mouth, thence generally easterly and northerly by high water mark of the sea coast to the mouth of the Waidalici
River and being the point of commencement, exclusive of the area contained by the boundaries of the Town of Nausori, but including
all islands within the Tikina of Rewa, Noco, Nakelo and Bau plus the island of Telau.
IX - Suva -
The whole of the Tikina of Suva together with that portion of the Tikina of Naitasiri lying to the south of Savura Creek and the Waisila
Creek and to the south and west of the Wainibuku Creek and Nasinu River exclusive of the area contained within the boundaries of
the City of Suva, and being more particularly described hereunder, that is to say, commencing at high water mark of the sea coast
at the south eastern extremity of the south western boundary of the Tikina of Suva, thence north westerly, north easterly and south
easterly and following the south western, north western and north eastern boundaries of the said Tikina of Suva to a point half a
mile north of Nakobalevu Trigonometrical Station, thence in an easterly direction by a direct line to Savura Creek, thence generally
easterly and south easterly and following the Savura Creek downstream to a point half a mile west of Marshall Trigonometrical Station,
thence in an easterly direction for half a mile to said Marshall Trigonometrical Station and continuing in an easterly direction
to Waisila Creek, thence in an easterly direction and following the Waisila Creek downstream for approximately one mile, thence easterly
by a direct line to the Wainibuku Creek, thence south easterly and southerly and following the said Wainibuku Creek downstream to
its junction with the Nasinu River, thence southerly following the said Nasinu River to its mouth, thence generally westerly and
following high water mark of the sea coast to the south eastern extremity of the south western boundary of the Tikina of Suva and
being the point of commencement, exclusive of the area contained within the boundaries of the City of Suva, but including all islands
in the Tikina of Suva.
X - Navua -
The whole of the Provinces of Serua and Namosi together with the Tikina of Beqa.
XI - Lomaiviti -
The whole of the Province of Lomaiviti exclusive of the area contained by the Town of Levuka.
XII - Kadavu -
The whole of the Province of Kadavu.
XIII - Bua -
The whole of the Province of Bua.
XIV - Macuata -
The whole of the Province of Macuata exclusive of the area contained by the boundaries of the Labasa Town.
XV - Nasavusavu -
The whole of the Province of Cakaudrove including the islands of Rabi and Kioa but excluding the areas contained in the whole of the
Tikina of Wainikeli and those areas of the Tikina of Cakaudrove in the island of Taveuni and the small islands adjacent thereto,
the Nukutolu islets, and the island of Yacata and the small islands adjacent thereto.
The area is broadly illustrated in red on plan PP120 kept in the office of the Permanent Secretary for Lands and Mineral Resources and available for inspection in the offices of the Secretary, Central Board of Health, Government Buildings, Suva and Nasavusavu Rural Local Authority at Health Office, Savusavu.
XVI - Taveuni -
All those areas of land, in the Province of Cakaudrove, contained in the whole of the Tikina of Wainikeli and those areas of the Tikina
of Cakaudrove in the island of Taveuni and the small islands adjacent thereto, the Nukutoiu islets, and the island of Yacata and
the small islands adjacent thereto.
The area is broadly illustrated in blue on plan PP120 kept in the office of the Permanent Secretary for Lands and Mineral Resources and available for inspection in the offices of the Secretary, Central Board of Health, Government Buildings, Suva and Taveuni Rural Local Authority at Health Office, Taveuni.
XVII - Rotuma -
The whole of the island of Rotuma.
XVIII - Lau -
The whole of the Province of Lau.
______
SECTION 39 - PUBLIC HEALTH (BUILDING) REGULATIONS
______
TABLE OF PROVISIONS
______
PART 1 - PRELIMINARY
REGULATIONS
1. Short title
2. Interpretation
PART 2 - APPLICATION, ADMINISTRATION, PENALTIES, ETC.
3. Application
4. Other regulations administered by the local authority
5. Exemptions
6. Duties of building surveyor
7. Powers of entry
8. Inspection
9. Power of the local authority
10. Contravention of Regulations
11. Powers of the building surveyor
12. Inspection upon completion
13. Certificate of completion and permit to occupy
14. Serving of notices
PART 3 - APPLICATIONS FOR AND GRANTING OF PERMITS
Regulations
15. Written permit required
16. Application for permit
17. Information to accompany application for permit
18. Additional information for reinforced concrete or structural steel members or timber roof trusses
19. Fees payable '
20. Examination and approval of plans, etc., and issue of permit
21. Withholding of approval and permit
22. Copy of plans, etc., to be lodged
23. Approved plans, etc., not to be varied without consent
24. Provisional approval of plans
25. Effect of permit
26. Lapsing of permit
PART 4 - CLASSIFICATION OF BUILDINGS BY OCCUPANCY
27. Classification
28. Buildings not specifically classified
PART 5 - SITE REQUIREMENTS
Division 1 - General
29. Minimum area, etc., to be preserved
30. Healthiness of site
31. Building line
32. Surveyor's certificate required
33. Access to rear
Division 2 - Buildings of Class I or II Occupancy
34. Buildings and sites to comply with Subdivision of Land and Town Planning Acts
35. Distance from street alignment
36. Corner sites
37. Distance from side boundaries
38. Distance from the rear boundary and open space at rear
39. Maximum area to be occupied by buildings
40. Paving of yards
Division 3 - All Other Buildings
Subdivision A - Residential Districts
41. Buildings in residential districts
Subdivision B - Class III Occupancy: Residential Buildings
42. Yards, external passage-ways, etc.
43. Paved yards to be provided for tenement buildings and common lodging-houses
Subdivision C - Class IV Occupancy
44. Open space
Subdivision D - Class V, V1 or VII Occupancy
45. Distance from boundaries
46. Coverage
47. Setting back of upper storeys
PART 6 - BUILDING HEIGHT RESTRICTIONS
48. Maximum building height
49. Decorative features, towers, etc.
50. Height of timber buildings
PART 7 - ROOM SIZES AND HEIGHTS
51. Minimum sizes of habitable rooms
52. Minimum height of habitable rooms
53. Minimum dimensions of kitchens, bathrooms, etc.
54. Projections below ceiling
PART 8 - PROJECTIONS BEYOND THE STREET ALIGNMENT
55. Projections
56. Verandahs over streets
57. Balconies over streets
58. Maintenance of verandahs and balconies
59. Demolition and removal of verandahs and balconies
60. Saving of public and private rights
PART 9 - LIGHT AND VENTILATION
61. Ventilation under floors
62. Windows
63. Water heaters
64. Inlet and cross ventilation
65. Residential buildings
66. Space outside windows on sidelines
67. Buildings of Class V and VI occupancy
68. Provision of air-locks for water-closets and urinal apartments
69. Mechanical ventilation and air-conditioning
PART 10 - WORKMANSHIP AND MATERIALS
70. Workmanship
71. Materials
72. Contravention of Regulations
73. Timber
74. Cement
75. Sand
76. Aggregates
77. Steel
78. Concrete
79. Concrete blocks
80. Testing of materials
81. Special materials, forms of construction, and method of design
PART 11 - DAMPNESS AND DRAINAGE OF SITE
82. Land without proper means of drainage
83. Wet sites
84. Drainage levels
85. Disposal of stormwater
86. Basements and cellars
87. Plans and specifications to describe provisions for drainage
PART 12 - FOUNDATIONS AND FOOTINGS
88. Loading of foundations
89. Footings
90. Provision for wind and earthquake loads
PART 13 - WALLS AND PARTITIONS
91. Materials
92. Use of other materials or methods of construction
93. Masonry walls
94. Foundation walls
95. Reinforced concrete walls
96. Masonry walls other than concrete block walls
97. Concrete block walls
98. Reinforced concrete bands for block walls
99. Internal bearing walls and cross walls
100. Reinforced concrete panel walls
101. Concrete block panel walls
102. Party walls
103. Concrete block partitions
104. Damp-proof course
PART 14 - FLOORS AND ROOFS
Division 1 - Floors
105. Timber floors
106. Reinforced concrete and structural steel floors
107. Openings through floors
108. Mezzanine floors
109. Permissible floor loads
110. Requirements for sub-floor ventilation
111. Floors constructed below ground level roofs
Division 2 - Roofs
112. Drainage of roofs
113. Enclosure of flat roofs
114. Timber roof construction
115. Roof trusses or principles
PART 15 - CHIMNEYS AND FLUES
116. Materials of chimneys
117. Foundations of chimneys
118. Construction of chimneys
119. Pipe flues
120. Chimneys used for other than domestic purposes
PART 16 - DEAD AND LIVE LOADS
121. Design for loads
122. Dead loads
123. Live loads
124. Live load reductions
125. Impact
126. Stairways and landings
127. Roofs and cantilever awnings or verandahs
128. Wind loads
129. Horizontal forces due to earthquake
130. Light frame buildings
PART 17 - TIMBER CONSTRUCTION
131. General
132. Connections
133. Walls extending below the ground
134. Re-erection of removed buildings
135. Foundations
136. Wall plates
137. Vermin plates
138. Studs
139. Dwangs or wall purlins
140. Lintels to openings
141. Bracing
142. Corner braces
143. Floor framing
144. Roofs
145. Rafters
146. Roof purlins
147. Hips, valleys and ridges
148. Ceiling joists
PART 18 - REINFORCED CONCRETE AND STRUCTURAL STEEL
149. General
150. Submission of drawings, calculations, etc.
151. Reinforced concrete construction
152. Allowable stresses in concrete and steel
153. Structural steel construction
PART 19 - MEANS OF EGRESS
154. Required exits
155. Location of exits
156. Dimensions of exits
157. Additional means of egress
158. Basements
159. Stairways
160. Guards and handrails
161. Ramps
162. Doorways
163. Fire-isolated stairways
164. Fire escapes
165. Buildings of Class Ill occupancy
166. Buildings of Class V or VI occupancy
167. Buildings of Class VII occupancy
PART 20 - SANITATION AND PRIVIES
168. General
169. Permission to construct closet or privy
170. Buildings of Class I, II or IV occupancy
171. Buildings of Class III occupancy
172. Buildings of Class V or VI occupancy
173. Buildings of Class VII occupancy
174. General provisions-all classes of occupancy
175. Construction of water-closets
176. Construction of urinals
177. Septic tanks
178. Construction of septic tanks
179. Treatment of domestic waste water
180. Position of detached privies
181. Construction of privy buildings
182. Pan privies
183. Pit and bore-hole privies
184. Dilapidated or indecent privies
185. Sanitary accommodation for workmen
PART 21 - DRAINAGE
Division 1 - General Provisions
186. General
187. Maintenance of drains
Division 2 - Drains for the conveyance of soil waste or sewage
188. Materials
189. Size and fall of drains
190. Jointing of pipes
191. Laying of drains
192. Testing of drains
193. Drains laid under buildings
194. Drains passing under walls
195. Drains near foundations of buildings.
196. Trapping of inlets to drains.
197. Intercepting or boundary traps.
198. Inspection chambers
199. Junction of drains
200. Soil pipes
201. Ventilation of drains
202. Inlets to drains
203. Waste pipes
204. Cistern overflows
205. Overflows on fittings
PART 22 - SPECIAL CLASS REQUIREMENTS
Division 1 - General
206. Changes in class of occupancy
Division 2 - Class I, II and IV Occupancy - Houses, Flats, and Dwellings attached to other Classes of Buildings
207. Basements and cellars
208. Kitchens
209. Bathrooms
210. Laundry accommodation
211. Privacy
212. Garbage disposal
213. Garage accommodation
214. Fire protection of garages
Division 3 - Class III Occupancy - Residential Buildings
215. Common kitchens and dining rooms
216. Bathrooms
217. Wash-hand basins
218. Grouped bathrooms, etc.
219. Walls and floors of bathrooms, showers and lavatories
Division 4 - Classes V and VI Occupancy - Commercial and Industrial Buildings
220. Separation of different classes of occupancy within a building
221. Limitation of floor area
222. Openings within 20 feet of openings in adjacent buildings
223. Fire protection of roofs
224. Fire-resisting floors
225. Buildings to be ceiled
226. Residential accommodation over shops, etc.
227. Dwellings, etc., built over shops selling foodstuffs 2
228. Shop-fronts
Division 5 - Class VII Occupancy - Public Buildings
229. Places of assembly
230. Hospitals and nursing homes
Division 6 - All Classes of Occupancy
231. Habitable rooms to be veiled
232. Overcrowding
PART 23 - FENCES, BOUNDARY WALLS AND RETAINING WALLS IN TOWNS AND SETTLED AREAS
233. Plans and specifications required
234. Maintenance of fences, etc.
235. Fences
236. Fences, etc., at corners or intersections
237. Retaining walls
PART 24 - OUTBUILDINGS
238. Written permit required
239. Outbuildings to be used as servants' quarters, etc.
240. Disposal of stormwater from outbuildings
241. Outbuildings likely to create a nuisance or fire risk
242. Outbuildings for the keeping of domestic animals
243. Poultry houses
Schedule - Forms:
1. Form of application for permit to build, etc.
2. Certificate of completion and permit to occupy
______
Regulations 29 June 1959, 26 January 1960, 5 August 1960, 22 August 1962, Legal Notices Nos. 64 of 1970, 112 of 1970, 50 of 1979
PART 1 - PRELIMINARY
Short title
1. These Regulations may be cited as the Public Health (Building) Regulations.
Interpretation
2. In these Regulations unless the context otherwise requires -
"alteration" includes addition and extension, and "alter" has a corresponding interpretation;
"approved" as applied to materials or methods of construction means approved by the proper officer for the purpose of these Regulations;
"apartment house" means any residential building which contains 2 or more family units, and includes a block of flats, but does not include a pair of semi-detached houses;
"awning" means any hood, canopy, shade, covering or other simple roof or slab structure over or across any public footway or part thereof, constructed as a cantilever or suspended from an external wall of a building;
"balcony" means any platform or gallery projecting from a building;
"basement" means a storey or part of a storey partly below the ground level, the ceiling of which is not less than 5 feet above the level of the
adjoining ground irrespective of any excavations made for the purpose of complying with these Regulations;
"boarding house" means a residential building not being licensed premises, in which board and lodging is provided or is intended to be provided for four or more boarders or lodgers, for reward or payment, and includes a private hotel, a residential club or a hostel;
"B.S.S." or "B.S." means British Standard Specification issued by the British Standards Institution, British Standard House, 2 Park Street, London, W.I., England. Where a B.S. is referred to it shall mean the latest current issue of the number quoted or the latest revised specification on the subject;
"building" includes any structure or erection and any part of a building as so defined, but does not include plant or machinery comprised in a building;
"building surveyor" means the building surveyor or his assistant or the health or sanitary inspector of any local authority or district or any other person duly authorised by the local authority to secure the observance and enforcement of the provisions of these Regulations;
"cellar" means a storey or part of a storey or a room below or partly below the ground level, the ceiling of which is less than 5 feet above the level of the adjoining ground;
"closet" includes water-closet, earth- or pan-closet, urinal and every place for the reception of faecal matter;
"construct" includes build, erect, re-build, reconstruct, convert and alter, and do any structural work, and "construction" has a corresponding interpretation;
"coverage" means that portion of a site, expressed as a percentage of the whole site, which may be covered by buildings including accessory buildings;
"dead load" of a building means the actual weight of all permanent structural and finishing work, including partition walls contained in the building;
"footings" means that portion of the structure which directly transmits the loads of the building to the ground.
"foundation walls" means all walls built between the foundations and the ground floor;
"habitable room" means any living room and includes any room intended or adapted to be used for the purposes of sleeping or eating or the preparation and cooking of food;
"height" -
(a) in relation to a building, means the vertical measurement taken from the mean level of the permanent footpath, or where the building is set back from the street alignment, from the mean level of the unfilled ground, immediately in front of the centre of the frontage of the building -
(i) to the highest point of the parapet or coping, in the case of a flat roof; or
(ii) to the mean level between the eaves and the highest point of the roof, in the case of a sloping roof;
(b) in relation to a building when defined in terms of the number of storeys, means the number of storeys above the permanent foot-path level, or where there is a basement or cellar, above the floor level of the basement or cellar;
(c) in relation to storeys, means the vertical measurement from one floor to the floor above;
(d) in relation to a room, means the height measured from floor to ceiling, or where there is no ceiling, to the mean level of the under-side of the rafters or floor joists of the floor above;
"live load" means all load other than dead load and includes wind load and forces resulting from earthquake;
"masonry" means stone, brick, solid or hollow concrete block or other similar building unit or a combination of the same laid up unit by unit and set in mortar;
"occupancy" means the purpose for which a building is used or intended to be used; but change of occupancy is not intended to include a change of tenants or proprietors;
"parapet" means that portion of any wall which is carried up beyond the line of junction with a roof or gutter or beyond the level of a flat roof;
"residential club" means any club building which contains not fewer than four bedrooms for the use of members;
"rural area" means any area not included within the boundaries for the time being of the cities of Suva or Lautoka or of any other place declared to be a city or town under the provisions of the Local Government Act or of a native Fijian village; (Cap. 125.)
"tenement building" means a building constructed for residential purposes, the different parts of which are used or intended or adapted to be used or occupied by separate families, or by persons not of one family;
"urban area" means any area within the boundaries for the time being of a town declared under the provisions of the Local Government Act; (Cap. 125.)
"verandah" includes every awning, portico, porch, shade covering, or other erection other than a sunblind, upon or over or across any public footway or road or part thereof, for the purpose of shade or shelter, together with the supports other than the building against which it is supported and attached;
"walls"-
"bearing wall" means a wall which supports any load in addition to its own weight;
"cross wall" means an internal wall dividing party or external walls into distinct lengths;
"external wall" means an outer wall or vertical enclosure of a building not being a party wall;
"non-bearing wall" means a wall which supports no load other than its own weight;
"panel wall" means non-bearing wall in frame construction, built between columns or piers and wholly supported at each storey;
"partition wall" means an internal vertical structure used solely for the purpose of subdividing any storey or building and which supports no load other than its weight;
"party wall" means a wall used or built in order to be used as a separation of any building from any other building with a view to the occupation of such buildings by different persons;
"retaining wall" means any wall used to resist the lateral displacement of any material.
Wherever reference is made in these Regulations to the New Zealand Standard Code of Building By-Laws that reference shall be construed as being to the New Zealand Standard Code of Building By-Laws current at the time when the work is done in connection with which that reference is made.
PART 2 - APPLICATION, ADMINISTRATION, PENALTIES, ETC.
Application
3.-(l) These Regulations shall only apply in the following areas:-
(a) the towns of Ba, Labasa, Levuka, Lami, Nadi, Nausori, Savusavu, and Sigatoka;
(b) any other areas (not being within the boundaries as from time to time varied of the cities of Suva or Lautoka or of any other place which may hereafter be declared to be a city or town under the provisions of the Local Government Act, or any enactment amending or replacing the same) to which the Minister by notice in the Gazette may from time to time order that they shall apply. (Cap. 125.)
(Amended by Legal Notices 64 of 1970, 112 of 1970, SO of 1979.)
(2) The Minister when applying these Regulations to any area may order that they shall apply to all buildings or to any specified class or classes of building, whether such buildings are classified by occupancy, monetary value or any other method, and may from time to time vary any such order.
(Amended by Legal Notice 112 of 1970.)
(3) In any area in which these Regulations apply, they shall, except as in the Act or in these Regulations otherwise expressly provided apply -
(a) if the Minister has by these Regulations or by order applied these Regulations to all buildings, then to all buildings constructed after such order;
(b) if the Minister has by these Regulations or by order applied these Regulations only to a class or classes of buildings, then to all buildings of that class or those classes constructed after such order;
(c) if the Minister has by these Regulations or by order applied these Regulations to all buildings, then to all alterations, repairs or maintenance carried out to all buildings, whenever such buildings were constructed;
(d) if the Minister has by these Regulations or by order applied these Regulations only to a class or classes of buildings, then to all alterations, repairs or maintenance carried out to any buildings of that class or those classes, whenever such buildings were constructed: Provided that -
(i) nothing in these Regulations shall prevent any contractors' or builders' temporary offices, sheds, lavatories and workshops from being erected in wood or iron on any building site during building operations, with the permission and prior approval of the building surveyor; and
(ii) such temporary offices, sheds, lavatories and workshops shall be removed by the contractor or builder from the said site within 7 days of completion of building operations, and if they are not so removed, the building surveyor may give 7 days' notice in writing requiring such removal, on failure to comply with which the contractor or builder or both of them shall be guilty of an offence.
(Amended by Legal Notice 112 of 1970.)
Other regulations administered by the local authority
4. Where any building is constructed in any district or zone specified in any town planning scheme adopted by the local authority as applicable in respect of such district or zone, and the provisions of these Regulations in relation to such building are inconsistent with the provisions of such town planning scheme, the provisions of the town planning scheme shall prevail.
Exemptions
5.-(1) If it appears to the local authority that a full compliance with these Regulations would -
(a) be unnecessary in any particular instance, having regard to the form of development existing in the immediate neighbourhood; or
(b) needlessly and injuriously affect the course and operation of business; or
(c) be attended with great loss and inconvenience to any person; or
(d) be unwarranted in view of the experimental nature of the building proposed, and be without corresponding benefit to the community,
the local authority may, subject to the approval of the Board, relax the strict observance of all or any of the provisions of these Regulations or modify the same:
Provided that if the Board is satisfied in any particular case that the consent of the local authority sought under this paragraph has been unreasonably withheld, the Board may itself authorise such relaxation or modification and may impose such conditions as it considers to be necessary and appropriate.
(2) If on application being made for the erection of a temporary structure the local authority is of the opinion that a full compliance with these Regulations would be attended with loss and inconvenience to any person without a corresponding benefit to the community, the local authority may waive the strict observance of any provision or may modify the same, provided that such other tennis that it may impose be complied with by the applicant. The local authority shall have power to grant such exemption for a period, not exceeding 6 months, and at its pleasure to renew the same from time to time for a similar or less period. On the expiry of any exemption granted under this regulation or in the event of breach of any of the terms imposed in connection therewith, the local authority may require the owner to remove the structure within such reasonable time as it may specify. If the owner fails to remove such structure within the time specified he shall be guilty of an offence, and the local authority may remove such structure and recover the cost of removal from the owner as a debt.
Duties of building surveyor
6. Except as otherwise expressly provided, it shall be the duty of the building surveyor to take such steps as are necessary to secure the enforcement of all the provisions of these Regulations, in respect of the construction of new buildings and of alterations, repairs and changes of occupancy in existing buildings.
Powers of entry
7.-(1) The building surveyor shall have power with or without assistants to enter at all reasonable times on or in any land or building for the purpose of carrying out any duty or exercising any power imposed or conferred on him by these Regulations.
(2) Any person interfering with or obstructing the entry of the building surveyor or his assistants or any other duly authorised officer of the local authority into any building site or premises which said entry is made or attempted to be made in pursuance of the enforcement of these Regulations shall be guilty of an offence.
Inspection
8.-(1) For the purpose of enforcing these Regulations, the building surveyor shall periodically inspect or cause to be inspected all buildings referred to herein during the construction, alteration or repair thereof, and shall make or cause to be made a final inspection on the completion of such construction, alteration or repair, and in the course of such inspections shall make or cause to be made such tests in accordance with these Regulations as he deems necessary:
Provided that every such periodical inspection of work in progress shall be without prejudice to the inspection on completion prescribed in regulation 12.
(2) The owner or builder, and every person engaged in the construction, alteration or repair of any building shall give every reasonable facility to the building surveyor and his assistants for the inspection of the whole or any part of the work.
(3) In particular the builder shall provide facilities for the building surveyor and his assistants to inspect the foundations after excavations and immediately prior to the placing of concrete, and to inspect all steel reinforcement and structural steel immediately before the same is covered in; and in the case of buildings of timber construction for the checking of profiles immediately after the erection thereof; and the builder shall give to the building surveyor reasonable notice of his intention to place foundation concrete or to cover in steelwork.
Power of the local authority
9.-(1) The local authority may order the opening or cutting into or pulling down of any work where the building surveyor has reason to believe or suspect that anything has been done in contravention of these Regulations, and in the event of work being found to have been done in contravention of these Regulations the person doing the work shall be required to comply with these Regulations and shall bear the full cost of such pulling down, opening or cutting into and of compliance with these Regulations.
(2) In the event of the work being found to have been done in accordance with the requirements of these Regulations, the cost of such pulling down, opening or cutting into, as well as the cost of reinstatement, shall be borne by the local authority, except where the notice required by regulation 8 has not been given.
Contravention of Regulations
10.-(1) If any work, to which any provision of these Regulations may apply, be begun or done in contravention thereof, the person by whom such work has been begun or done shall, upon receipt of notice in writing from the building surveyor specifying the matters in respect of which the execution of such work is in contravention of these Regulations, remove, alter or pull down such construction or work to such extent as may be necessary to ensure compliance with the requirements of these Regulations, within such time as may be specified in such notice; and the said person shall give to the building surveyor reasonable notice of his intention so to do.
(2) Any person who fails to comply with the requirements of any such notice shall be guilty of an offence.
Powers of the building surveyor
11.-(1) The building surveyor may, if satisfied that any building is being erected in substantial contravention of these Regulations, by notice in writing given to the builder, require the builder to stop building operations to such extent as the building surveyor may think necessary in each case until the building surveyor is satisfied that the builder can and will comply with the provisions of these Regulations, and every person failing to comply with or observe any such notice shall be guilty of an offence against these Regulations. Immediately the building surveyor takes action to stop work as indicated hereunder he shall report that fact to the local authority with full particulars of the circumstances and with his reasons for stopping the work.
(2) In the event of work having been stopped in accordance with paragraph (1), it shall not be resumed until the local authority has given authority for its resumption.
Inspection upon completion
12.-(1) Upon the completion of any building or portion thereof for the construction, alteration or repair of which a permit has been issued by the local authority, the person to whom such permit has been issued or his authorised agent shall forthwith give to the building surveyor written notice of such completion.
(2) Upon receipt of such notice of completion the building surveyor shall without unreasonable delay inspect or cause to be inspected such building or portion thereof in order to determine whether or not the works have been carried out in accordance with the approved plans and specifications, or without material deviation therefrom, and whether such building or portion thereof otherwise conforms to the requirements of these Regulations.
Certificate of completion and permit to occupy
13.-(1) Upon the satisfactory completion of any building or portion thereof, or upon completion of any portion of a building which in his opinion is suitable for occupation, the building surveyor shall within 7 days prepare in duplicate a certificate of completion and permit to occupy, and shall forthwith issue the original of such certificate and permit to the owner of the building.
(2) Such certificate and permit shall show the class of occupancy for which the building has been constructed and approved.
(3) Where in any building for which such certificate and permit is issued it is proposed to carry on any business or undertaking which is the subject of Public Health Regulations or other relevant Regulations, such certificate and permit shall in no way relieve the owner or occupier of such building, before the commencement or recommencement of such business or undertaking therein, from the responsibility of carrying out such additional work as may be necessary to comply with the aforesaid Regulations for the time being in force; or from the necessity of obtaining from the local authority, through its Health Officer or other duly authorised officer, the requisite certificate or registration or licence in respect of the operation of such business or undertaking.
(4) No person or persons shall use or occupy, or be permitted to use or occupy, any building or portion of a building unless a certificate of completion and permit to occupy has been issued in respect thereof, or written permission for such occupation shall have been given by the local authority.
Serving of notices
14. Any notice or order by the local authority or by the proper officer or the building surveyor pursuant to these Regulations shall be deemed to be properly given to any person if such notice or order is served personally on such person or his authorised representative or is sent by registered post to the place of residence or business of such person, provided that where the address of the place of residence or business of such person is not known the said notice or order shall be deemed to be properly given if affixed to the building or land to which such notice or order relates.
PART 3 - APPLICATIONS FOR AND GRANTING OF PERMITS
Written permit required
15. No person shall construct, remove, re-erect, restore, alter or repair a building, or commence or cause or permit the commencement of any of these works, without first obtaining from the local authority a permit authorising in writing such construction, removal, re-erection, restoration, alteration or repair, and without first paying to the local authority the fee or fees payable in respect thereof as prescribed in these Regulations:
Provided that -
(a) the above provisions shall not apply to the painting and decorating of an existing building where no repairs or structural alterations are required or done;
(b) in the case of minor repairs not involving structural alterations and costing or estimated to cost not more than $30, and for which the prior written approval of the building surveyor has been obtained, the fee payable may at the discretion of the building surveyor be waived.
Application for permit
16.-(1) Any person desiring to obtain a building permit shall make application therefor in the form specified in the Schedule.
(2) Such application shall clearly state the proposed use or class of occupancy of the building and of its several parts.
Information to accompany application for permit
17.-(1) Every application for a permit to construct or alter a building shall be accompanied by duplicate sets of -
(a) properly prepared drawings, done in ink on drawing paper of good quality, or printed from tracings in an approved manner;
(b) adequate specifications.
Such drawings and specifications shall be signed by the architect, engineer or designer responsible for their production; and when taken together they shall clearly indicate the nature and extent of the proposed structure or alteration.
(2) The drawings shall comprise -
(a) plans, elevations and cross-sections, drawn to a scale of not less than 1 inch to every 8 feet, and showing the form, construction and dimensions of the proposed structure together with the heights and other dimensions of all rooms, passageways and other appurtenances thereto, and the proposed provision for lighting and ventilation. These plans shall be so prepared as to distinguish the several materials proposed to be used, and in the case of alterations or additions, to distinguish new work from existing work;
(b) such detail drawings of structural features and of typical structural members as may in the opinion of the building surveyor be necessary, drawn to a scale of not less than 1 inch to every 2 feet;
(c) a block plan, drawn to a scale of not less than 1 inch to every 40 feet, and showing the boundaries and dimensions of the allotment of land, the title or lease number and the lot number, the name or names of the adjoining street or streets, the position of the proposed building or buildings relative to the building line, of the side and rear boundaries, and to existing buildings if any on the same or adjoining allotments; the position of all natural water-courses and drainage easements if any; and the proposed level of the lowest floor relative to any yard or open space adjoining the building and to the street channels;
(d) a plan drawn to a scale of not less than 1 inch to every 16 feet, showing the position of all sanitary ablution and washing fittings or appliances; the proposed position, levels and grades of all drains, together with all necessary inspection chambers and vents; the position of the septic tank (if any) and the proposed means for disposal of its effluent; the proposed means for disposal of surface and storm water and other drainage; and the proposed means of water supply:
Provided that if the information required by this subparagraph is shown on the drawings submitted under subparagraphs (a), (b) and (c), a separate drawing to this scale shall not be required.
(3) (a) The specifications shall describe the materials to be used in the construction, and where not so indicated or figured on the drawings, the sizes thereof, together with all particulars of materials and workmanship necessary to show that the proposed building will comply in every respect with the provisions of these Regulations.
(b) The specifications shall also clearly indicate where and to what extent previously used or old materials (if any) are proposed to be used.
Additional information for reinforced concrete or structural steel members or timber roof trusses
18. Where the structural members of any proposed building are to be wholly or partly constructed of reinforced concrete or structural steel, or where any roof truss is to be framed wholly or partly in timber, there shall be submitted with the application for a building permit -
(i) a complete set of structural drawings of such members or trusses;
(ii) schedules setting out for each member or truss all necessary data, including live and dead loads, and when required by the building surveyor the calculated forces and stresses resulting from wind pressure and earthquake;
(iii) a detailed copy of the calculations by means of which the dimensions and design of each such member or truss were determined.
And all such drawings, schedules and calculations shall be signed by the architect, engineer or designer responsible for their production.
Fees payable
19.-(1) Every applicant for a permit shall, before the issue of such permit, pay to the local authority a fee calculated in accordance with the following table:-
(a) For all works including repairs and alterations -
| $ | c |
If value of work is not more than $30 ................................. | 0 | 50 |
If value of such work is more than $30 and is not more than $50... | 1 | 00 |
If such value is more than $50 and is not more than $200........... | 1 | 50 |
If such value is more than $200 and is not more than $400......... | 2 | 00 |
If such value is more than $400 and is not more than $600......... | 3 | 00 |
If such value is more than $600 and is not more than $800......... | 4 | 00 |
If such value is more than $800 and is not more than $1,200....... | 5 | 00 |
If such value is more than $1,200 and is not more than $1,600..... | 6 | 00 |
If such value is more than $1,600 and is not more than $2,000..... | 7 | 00 |
If such value is more than $2,000 and is not more than $2,400..... | 8 | 00 |
If such value is more than $2,400 and is not more than $3,000..... | 9 | 00 |
If such value is more than $3,000 and is not more than $4,000..... | 11 | 00 |
If such value is more than $4,000 and is not more than $6,000..... | 13 | 00 |
If such value is more than $6,000 and is not more than $8,000..... | 17 | 00 |
If such value is more than $8,000 and is not more than $10,000... | 20 | 00 |
If such value is more than $10,000 and is not more than $15,000.. | 22 | 00 |
If such value is more than $15,000 and is not more than $20,000.. | 26 | 00 |
If the value exceeds $20,000, the fee payable shall be $26 for the first $20,000 plus $1 for every $2,000 or part thereof in excess
of $20,000...................................................................... | | |
(b) For the re-issue of a lapsed permit the fee payable shall be 50c.
(c) For the preliminary examination of plans and specifications of any building the fee payable shall be $2.10.
(2) The permit fee shall cover the cost of examination of plans, specifications and any other documents submitted or required with the application, and of inspection during the progress of the works and up to the time of completion.
(3) When the fee has been paid and the building is not proceeded with, the local authority may at its discretion, refund any part of the fee so paid except that part for the examination of plans and specifications prescribed in sub-paragraph (c) of paragraph (1).
(4) Any question as to the estimated value of the work for the purpose of computing the amount of the permit fee may be determined by the building surveyor:
Provided that the owner, if dissatisfied with such determination, may appeal to the local authority, whose decision shall be final.
Examination and approval of plans, etc., and issue of permit
20.-(1) The plans, specifications and other documents submitted with an application for a permit shall be examined by the building surveyor, and if -
(a) the building therein described will, if constructed in accordance with such plans, specifications and other documents, comply with the requirements of these Regulations and of any other by-laws and regulations administered by the local authority; and
(b) the fee prescribed herein as payable in respect of the permit has been paid to the local authority,
the local authority or its proper officer shall within 60 days after the date of lodging of such plans, specifications and other documents, grant to the applicant a written permit, in the approved form, for the carrying out of the work so described:
Provided that the building surveyor's approval of the plans, specifications and other documents submitted with an application for a permit shall not in any respect relieve the architect, engineer or designer responsible for their production of full responsibility for his design and for the structural stability of the building.
(2) Approval shall not be deemed to have been granted until a permit has been issued:
Provided that, unless the local authority within 28 days of the receipt of any such application accompanied by plans, specifications and other documents shall have notified its approval of the same, or shall have notified the applicant that approval is withheld, the local authority shall be deemed to have approved thereof.
Withholding of approval and permit
21.-(1) If the building surveyor considers -
(a) that any applicant for a permit has supplied insufficient information relative to matters referred to or required by these Regulations; or
(b) that the works described in the plans, specifications and other documents, do not comply in any respect with the requirements of these Regulations,
he shall notify the applicant that a permit will be withheld, and shall give to the applicant particulars of such deficiency of information or such non-compliance with these Regulations; and the applicant shall thereupon make good such deficiency or make such alterations in the plans, specifications and other documents as shall be necessary to comply with all such requirements.
(2) It shall be lawful for the local authority by resolution to refuse the issue of a permit for the execution of repairs or alterations to any building if in the opinion of the local authority the age, state or general condition, or degree of non-conformity with the current Regulations is such that a permit for repairs or alterations should not be granted.
(3) No permit shall be granted where a new building is within 20 chains of a public water main unless provision is made for a connection to be made from the building to such public water main supply or unless the Commissioner of Water Supply has stated in writing that the proposed building cannot be supplied with water from the existing mains supply.
(4) Where a building is more than 20 chains from an existing public water main or where the Commissioner of Water Supply has stated that a supply of water cannot be taken from an existing public water main, the applicant must satisfy the building surveyor that either the building will have a roof catchment and adequate storage facilities or that arrangements will be made to pump up a satisfactory supply of potable water from a properly protected deep well to a storage tank sited above the level of the highest ceiling in the building. A satisfactory analyst's report will be required on a sample of the well water drawn by a representative of the Ministry of Health and Social Welfare.
Copy of plans, etc., to be lodged
22. One complete set of copies of all plans, specifications and other documents submitted with an application for a permit shall be retained by the building surveyor for permanent record and one set returned stamped and approved.
Approved plans, etc., not be varied without consent
23. After plans, specifications and other documents have been approved and a permit in respect of the building described therein has been issued, no deviation from or alteration of the approved plans, specifications and other documents, shall be made unless amended drawings and specifications or other particulars clearly describing the intended deviations or alterations shall have been lodged with the building surveyor and the building surveyor shall have given his written approval of such deviations or alterations. If any variation or alteration from the approved plan constitutes, in the opinion of the building surveyor, a major alteration, he shall require a new application for a permit to be lodged with payment of the prescribed fee.
Provisional approval of plans
24. Any person having paid the fee prescribed in sub-paragraph (c) of paragraph (1) of regulation 19 may submit to the building surveyor preliminary plans of any building proposed to be constructed, for the purpose of obtaining provisional approval or a report as to whether such construction complies or may be made to comply with the requirements of these and other relevant Regulations: Provided that such provisional approval shall in no way free the applicant from the responsibility of submitting for approval the final plans, specifications and other documents or of obtaining a permit as herein required.
Effect of permit
25.-(1) Every permit shall be deemed to operate as a permit to construct on the site shown in the application or documents connected therewith, and sited as shown therein, a structure as therein described, subject to compliance in every respect with the approved plans, specifications and other documents, and not otherwise.
(2) A permit may be issued subject to conditions necessitated by these Regulations and having bearing on the application. If such conditions are accepted at the time of issue of the permit they shall be considered to be part of the plans and specifications and other documents.
(3) The person to whom a permit is issued shall be fully and legally responsible for the carrying out of the work as set out in the approved plans, specifications and other documents.
(4) No permit, permission, certificate or authority, expressed or implied, given by the local authority or by the building surveyor or any other officer of the local authority shall be deemed to authorise any building to be constructed otherwise than in accordance with law.
Lapsing of permits
26.-(1) Every permit issued pursuant to these Regulations shall unless extended by the building surveyor lapse at the expiration of 12 months from the date of issue if the work for which the permit was granted has not been commenced:
Provided that the building surveyor may from time to time by writing under his hand grant an extension of the aforesaid period of 12 months should he consider the cause of delay to warrant such extension.
(2) When any permit has lapsed as provided in this regulation it shall be null and void; and if, at the discretion of the building surveyor, a re-issue thereof should be granted, the additional fee prescribed in sub-paragraph (b) of paragraph (1) of regulation 19, shall be paid.
PART 4 - CLASSIFICATION OF BUILDING BY OCCUPANCY
Classification
27. For the purposes of these Regulations buildings shall be classified as hereunder according to the nature of their use or occupancy:-
Class I: dwellings
"dwellinghouse" means any building used or intended, adapted or designed for use as a separate dwelling, but does not include a flat;
Class II: flats
"flat" means a suite of rooms occupied or designed, intended or adapted to be occupied as a separate self-contained domicile but being part of a building which contains one or more other such domiciles;
Class III: residential buildings
"residential building" means any building or portion of a building, not being a building of Class I, II, IV, VII (ii) or VII (iii) occupancy, used or intended, adapted or designed to be used for human habitation, and includes apartment house, boarding house, hostel, lodging house, tenement building, residential club, residential hotel, and the residential portion of premises licensed under the Liquor Act or any enactment passed in amendment or substitution thereof; (Cap. 192.)
Class IV: dwellings attached to buildings of other classes
"dwelling attached to a building of another class" means that portion of a combined shop and dwelling, or of an office, warehouse or factory, used or intended, adapted or designed to be used as a dwelling for the occupiers or caretakers of such building;
Class V: shops
"shop" means any building or portion of a building in which goods are sold or exposed for sale, and includes a cafe, restaurant, hotel bar, sales-room, market or mart;
commercial buildings
"commercial building" means any building or portion of a building used for office or commercial purposes other than as an industrial building, and includes a warehouse or bulk store, but does not include a shop;
Class VI: industrial buildings
"industrial building" includes any building or portion of a building used or intended, adapted or designed to be used as a factory or workshop for carrying on any industry, trade or process, or as a power house or pumping station;
Class VII: public buildings
"public building" means any building or portion of a building used, intended, adapted or designed to be used as -
(a) a place of assembly, including a public hall, theatre, cinema, non-residential club, music hall, concert hall or dance hall;
(b) a school, college or library;
(c) an institution such as a hospital, convalescent home, nursing home, nursery or orphanage;
Class VIII: outbuildings
"outbuilding" means any accessory building or not more than one storey and of a height not exceeding 12 feet, the use of which is incidental to that of a main building or to the use of that part of the land not built upon, and includes a private garage.
Buildings not specifically classified
28. A building or portion of a building which is not included in any of the foregoing classes shall, for the purposes of these Regulations, be classified by the building surveyor as belonging to that class of occupancy which it most nearly resembles.
PART 5 - SITE REQUIREMENTS
Division 1 - General
Minimum area, etc., to be preserved
29. No allotment of land upon which any building has been constructed shall be reduced in width of frontage, depth and area below the minimum width of frontage, depth and area prescribed by these and any other Regulations administered by the local authority; and no portion of a yard or other open space required about any building shall be taken into account in computing the area of any yard or open space for any other building.
Healthiness of site
30.-(1) No person shall without permission of the local authority, construct a building upon any site which may have been filled with any noxious matter nor upon which material impregnated with noxious matter may have been deposited, unless such matter or material shall have been properly removed from such site and the resulting depressions filled with clean material.
(2) (a) Every person who shall construct a building shall cause the subsoil of the site of such building to be effectually drained wherever in the opinion of the building surveyor dampness of the site renders such a measure necessary.
(b) If the local authority so directs for reasons of health in any particular case, the whole or any part of the ground surface of the site of such building shall be covered with suitable impervious material of adequate thickness to obviate danger to health.
(3) The local authority may refuse or postpone permission to build upon a site which is unhealthy by reason of dampness or other cause, until such site shall have been rendered healthy, sound and well drained to the satisfaction of the building surveyor.
Building line
31. The building line for each street or part of a street may be fixed from time to time by the local authority, and when so fixed shall be marked on a plan sealed with the local authority's seal or clearly described in a resolution of the local authority, and such plan or resolution shall be open to inspection by the public free of charge during normal office hours.
Surveyor's certificate required
32. In any case in which a building is about to be constructed so as to occupy a position on or immediately adjoining the street building line or other boundary of the site, the building surveyor may, before such building is commenced, require a plan by a licensed surveyor, setting forth the actual boundaries or street building line as determined by him.
Access to rear
33. Where there is no public and convenient access to the rear of the site of any building in an unsewered district, or of any building designed to be used wholly or partly as a dwelling house, such building shall be so designed as to leave an external way of access at least 3 feet wide from a public road to the rear of such building.
Division 2 - Buildings of Class I or II Occupancy
Buildings and sites to comply with Subdivision of Land and Town Planning Acts.
34. No person shall construct a building of Class I or II Occupancy on any land unless the building and the site and the siting of the building on the site comply with the Subdivision of Land and the Town Planning Acts and any regulations made under such Acts. (Cap. 140, Cap. 139.)
Distance from street alignment
35. No person shall construct any building of Class I or II occupancy closer to the street alignment than the minimum distance from street alignment prescribed in regulations made under a town planning scheme adopted by the local authority as applicable in respect of that area in which such land is situated, and in no case shall any such building be constructed less than 20 feet from the street alignment.
Corner sites
36. Where a site has frontage to two streets, the provisions of regulation 35 shall apply to one street frontage only, as approved by the building surveyor, but the distance of the building from the second street, not being a lane or right-of-way, shall be not less than one and a half times the minimum distance from the side boundaries prescribed in the next succeeding regulation and shall not in any case be less than 9 feet.
Distance from side boundaries
37.-(1) No building of Class I or II occupancy shall be constructed with any wall of any storey at less distance from the side boundary of the site than that distance prescribed by regulations made under a town planning scheme adopted by the local authority as applicable in respect of that area in which such site is situated, and in no case shall any such building be constructed less than 6 feet from the side boundaries.
(2) In the case of buildings of Class II occupancy containing more than one unit of residential accommodation, no wall containing the principal window or windows of any habitable room shall be constructed so as to face towards the side boundaries at a distance of less than 12 feet therefrom:
Provided that such distance of 12 feet shall be increased by a further foot for every foot by which the height of the wall exceeds 12 feet.
Distance from the rear boundary and open space at rear
38.-(1) No building of Class I or II occupancy shall be constructed with the rear wall of such building at less distance from the rear boundary of the site than that distance prescribed by 'regulations made under a town planning scheme adopted by the local authority as applicable in respect of that area in which such site is situated, and in no case shall any such building be constructed less than 20 feet from the rear boundary.
(2) Every building of Class I occupancy shall be provided with an unobstructed open space at the rear of such building, and within the curtilage of the site of a minimum area of 450 square feet and of dimensions of not less than 15 feet in any direction.
(3) Every building of Class II occupancy shall be provided with an unobstructed open space at the rear of such building and within the curtilage of the site, of a minimum area of 750 square feet and of dimensions of not less than 15 feet in any direction, and such area shall be increased by 300 square feet in respect of each unit of residential accommodation in excess of 2.
Maximum area to be occupied by buildings
39. No building of Class I or II occupancy together with any building or buildings accessory or appurtenant thereto shall be constructed so as to occupy altogether a larger percentage of the area of the site than 45 per cent, or such other percentage of the site area as may be prescribed by regulations made under a town planning scheme adopted by the local authority as applicable in respect of that area in which such site is situated.
Paving of yards
40. It shall be competent for the local authority to direct that any portion of the rear or side yard area of the site of any dwelling house be paved with cement, concrete or other approved impervious material, if in the opinion of the local authority the condition of such portion is, or is likely to become, injurious to health.
Division 3 - All Other Buildings
Subdivision A - Residential Districts
Buildings in residential districts
41.-(1) Every building not being a building of Class I or II occupancy which is constructed in a residential district or zone defined by regulations made under a town planning scheme adopted by the local authority shall conform in every respect with the requirements prescribed by such regulations.
(2) Where no town planning regulations are in force every such building constructed in a district used or intended to be used primarily for residential purposes shall conform with the requirements prescribed in Division 2 of this Part as applicable to buildings of Class I or II occupancy, except that the minimum distance of the walls of such building from boundaries other than the street alignment required by regulation 37 shall be increased by 2 inches for every foot by which the height of the walls exceeds 12 feet:
Provided that where buildings of Class IV and V occupancy are permitted they may be joined together in a group with satisfactory provision for rear access, with the restriction on distance from side boundaries being related to the extreme ends of such boundary.
Subdivision B - Class III Occupancy: Residential Buildings
Yards, external passageways, etc.
42.-(1) Every residential building not being a tenement building, except where constructed over a building of other than residential occupancy, shall be provided with an unobstructed rear yard open to the sky and of dimensions prescribed in regulation 38:
Provided that -
(a) buildings accessory to such residential building and not more than 12 feet in height, shall not be deemed to obstruct such rear yard;
(b) that such accessory buildings shall be not more than 450 square feet in total floor area and shall not occupy more than 20 per cent of the area of such rear yard.
(2) Every such rear yard and every side and front yard and external passage-way, where and to the extent required by the local authority for reasons of health, shall be paved with suitable impervious material of reasonable thickness.
(3) All such paving shall be properly laid to falls to dispose of surface water and shall be properly connected to the surface water drainage system of the site:
Provided that -
(a) where approved by the local authority not more than 40 per cent of the area of such rear, side and front yards may be reserved for gardens and lawns;
(b) where such garden or lawn reserves have been approved and they are not in the opinion of the local authority or its authorised officer maintained satisfactorily as such, the local authority may direct that they be paved as herein required.
(4) Regulations 37 and 38 shall apply to tenement buildings as they apply to buildings of Class II occupancy.
Paved yards to be provided for tenement buildings and common lodging houses
43.-(1) Every tenement building and common lodging house shall be provided with a graded and drained rear yard, paved with concrete and extending over the whole of the area between such building and the kitchens, outhouses or other buildings appurtenant thereto, except garages, and extending over such additional areas as the local authority may for health reasons direct.
(2) Every such paved area shall be provided with drains for the disposal of surface water, and every such drain shall be properly connected to the surface water drainage system of the site.
Subdivision C - Class IV Occupancy
Open space
44. Every building or portion of a building of Class IV occupancy shall have connected therewith for the use of the occupants of such building or portion of a building a space open to the air and without roof.
Such open space -
(a) shall be of an area not less than 450 square feet;
(b) may be provided in the form of a flat roof at a level higher than that of the floor of the ground storey; and
(c) shall be of dimensions of not less than 10 feet in any direction.
Subdivision D - Class V, VI, or VII Occupancy
Distance from boundaries
45.-(1) Every building of Class V, VI or VII occupancy not being a building constructed in a district used or intended primarily for residential purposes and not constructed on a site which is immediately adjacent to a residential district zone -
(a) may, subject to the approval of the local authority, occupy the whole frontage of the site:
Provided that -
(i) where any such building occupies the whole frontage of its site, or where the side wails of any such building are situated less than 6 feet from a side boundary, the side walls of such building shall be constructed of reinforced concrete, concrete blocks, masonry or other fire-resisting materials; and
(ii) where any such building occupies the whole frontage of its site the side walls of such building shall be accurately aligned on the side boundaries and no empty space shall be left between such side walls and side walls of any contiguous building occupying the whole frontage of its site; and where any such building does not occupy the whole frontage of its site sufficient space shall be left between the side walls of such building and the side boundaries to provide access for cleaning purposes;
(b) shall be built upon the prescribed building line:
Provided that -
(i) the local authority may require that any such building be set back from the building line at such distance not exceeding 22 feet as the local authority may consider necessary for the safety and convenience of the public; and
(ii) the local authority may permit the setting back of any such building at any distance from the building line.
(2) Every building of Class V, VI or VII occupancy not being a building constructed in a district used or intended to be used primarily for residential purposes, but which occupies a site immediately adjacent to such a residential district or zone without the interposition of a street or private way, shall be provided with a rear yard or side yard, or both rear yard and side yard of the dimensions prescribed by regulations made under any town planning scheme adopted by the local authority as applicable in respect of that area in which such building is situated:
Provided that -
(a) where no such town planning regulations have been made or adopted, the required rear yard and side yard shall be of depths and widths not less than 20 feet and 6 feet respectively; and
(b) where buildings of Class VI and VII occupancy are permitted, they may be joined together in a group with satisfactory provision for rear access, with the restriction on distance from side boundaries being related to the extreme ends of such boundary.
Coverage
46. No building of Class V, VI or VII occupancy shall cover a greater percentage of the area of its site than the percentage prescribed by regulations made under a town planning scheme adopted by the local authority as applicable in respect of that area in which such site is situated, and in no case shall any such building occupy more than 80 per cent of the site.
Setting back of upper storeys
47. Where any building of Class V, VI or VII occupancy is constructed with an upper storey used or designed to be used wholly or partly for residential purposes, such storey shall be set back so as to occupy not more than 50 per cent of the area of the allotment upon which such building stands.
PART 6 - BUILDING HEIGHT RESTRICTIONS
Maximum building height
48.-(1) In any area in which the height of buildings is regulated under a town planning scheme, the maximum height of any building and the number of storeys permitted therein shall be as so regulated.
(2) Where no town planning regulations as regards height of buildings are in force the maximum building height in respect of any allotment of land shall be one and a quarter times the width of the street to which such allotment has frontage:
Provided that -
(a) where any allotment has frontage to two streets of differing width the building height shall, unless otherwise directed by the local authority, be determined by the width of that street forming the principal frontage,
(b) in no case shall the height of a building exceed 72 feet.
Decorative features, towers, etc.
49. Notwithstanding anything contained in regulation 48, chimneys, ventilation shafts, water tanks, elevator lofts, steeples, towers and wireless masts, and such finials and similar features as constitute only architectural decorations may, subject to the approval of the local authority, be constructed above the maximum building height.
Height of timber buildings
50. Notwithstanding anything contained in regulation 48, no wooden building shall be constructed so as to be more than two storeys or 25 feet in height.
PART 7 - ROOM SIZES AND HEIGHTS
Minimum sizes of habitable rooms
51. In every building of Class I, II, III or IV occupancy -
(a) the floor area of every habitable room not being a kitchen shall be not less than 84 square feet:
Provided that -
(i) in a building of Class I, II or IV occupancy the average floor area of all habitable rooms taken together shall be not less than 100 square feet; and
(ii) the least horizontal dimension of every habitable room in buildings of Class I, II, III or IV occupancy shall be not less than 8 feet;
(b) the cubic space of every habitable room not being a kitchen, measured below the level of 8 feet above the floor, shall be not less than 672 cubic feet.
Minimum height of habitable rooms
52. In every building of Class I, II, III or IV occupancy, the height of every habitable room shall be not less than 8 feet:
Provided that, in the case of a habitable room which is built wholly or partly within the roof of a building or is constructed by enclosing a verandah or balcony, such room, verandah or balcony shall for at least two-thirds of its floor area be not less than 8 feet in height, and shall not in any part be less than 7 feet in height.
Minimum dimensions of kitchens, bathrooms, etc.
53.-(1) In every building of Class I, II, III of IV occupancy -
(a) the floor area of a kitchen shall be not less than 50 square feet;
(b) the floor area of the bathroom and of the laundry (where not combined) shall each be not less than 30 square feet:
Provided that where a water-closet is installed in a bathroom the floor area shall be not less than 36 square feet;
(c) where a shower compartment and a water-closet are installed in one room the floor area of such room shall be not less than 21 square feet;
(d) the floor area of a combined bathroom and laundry shall be not less than 56 square feet.
(2) In every such building the height of the bathroom or laundry shall be not less than 7 feet 6 inches.
Projections below ceiling
54. Notwithstanding anything contained in regulations 52 or 53, buildings of Class II, III or IV occupancy, beams, service pipes or ducts may, where so approved by the building surveyor, project below the heights prescribed in those regulations.
PART 8 - PROJECTIONS BEYOND THE STREET ALIGNMENT
Projections
55.-(1) No projection of any building shall extend beyond the street alignment at any height less than 4 feet above the public footway.
(2) No architectural feature or decoration such as cappings, copings, string-courses, window dressings, fascias and the like shall project more than 4 inches beyond the street alignment:
Provided that balconies of purely ornamental character, window hoods, or canopies, and cornices may, where so permitted by the local authority, project such greater distance than 4 inches as may in each case be approved by the local authority, but in no case shall any such feature project more than 3 feet beyond the street alignment.
Verandahs over streets
56.-(1) No verandah shall be constructed so as to project or extend over any street or public way without the express permission of the local authority.
(2) All verandahs or awnings constructed above the street or public way shall be supported by suitably designed cantilever beams or slabs, or tie rods, built into the main structure, which shall have been so constructed as to support all loads which may be transmitted to it from the verandah. No post or other supports resting on the street or footpath shall be constructed without the express permission of the local authority.
(3) All such suspended verandahs shall conform to such standards of design, height above the pavement, live loading, advertising signs and drainage as may be prescribed by the local authority.
(4) The local authority shall specify the type, design, and height above the pavement of the verandahs which may be constructed in any street or section of a street, and all verandahs constructed in such street or section of a street shall conform in every respect to such specification.
(5) Every such verandah shall be constructed to the satisfaction and approval of the building surveyor.
Balconies over streets
57.-(1) No balcony shall be constructed or reconstructed so as to project over any street or public way without the express permission of the local authority:
Provided that:-
(a) balconies of a purely ornamental character and projecting not more than 3 feet beyond the street alignment may be constructed if and where permitted by the local authority;
(b) no such balcony shall be designed, adapted or in fact used for habitation, sleeping, eating or the preparation of food.
(2) No balcony shall be supported by posts or other support resting on the street or pavement without the express permission of the local authority.
(3) In no case shall any balcony whether existing before the commencement of these Regulations or constructed thereafter be enclosed:
Provided that -
(a) all such balconies shall be protected with an approved balustrade extending not more than 3 feet 6 inches above the floor;
(b) the local authority may, at its discretion, and by its written permission, allow the use of collapsible canvas or other approved sun-blinds for protective purposes.
Maintenance of verandahs and balconies
58.-(1) All verandahs and balconies constructed so as to project or extend over a street or public way shall be maintained by the owner of the building to which they are attached in good and safe condition and repair, and all guttering, box-gutters, down-pipes and drains pertaining to such verandahs and balconies shall be maintained by such owner in clean, sound and leak-proof condition.
(2) It shall be lawful for the local authority to give notice to the owner of any building from which a verandah or balcony projects or extends over a street or other public way to repair or paint such verandah or balcony if and as often as in the opinion of the local authority such verandah or balcony requires repairs or painting; and such owner shall within 14 days after the service of such notice upon hire commence to effect such repairs or painting; and in the event of neglect, undue delay or default in effecting such repairs or painting, such owner shall be guilty of an offence.
Demolition and removal of verandahs and balconies
59.-(1) It shall be lawful for the local authority at any time to revoke any permission granted as provided in paragraph (1) of regulation 56 and paragraph (1) of regulation 57 for the construction of any verandah or balcony extending or projecting over a street or other public way, or to require the demolition and removal of any such verandah or balcony whether existing at the commencement of these Regulations or constructed thereafter, at the will of and by resolution of such local authority, should the safety or the interest of the public in the opnion of the local authority so require.
(2) Pursuant to paragraph (1), the local authority may call upon and require the owner of the building or premises to which any such verandah or balcony is attached or annexed or of which it forms a part to remove such verandah or balcony, and such owner shall, within 14 days from the service upon him of a notice from the local authority requiring the same, demolish and remove such verandah or balcony at his own cost and expense; and in any such case the local authority shall not be liable to pay any compensation or cost in respect of such revocation, demolition or removal.
(3) If upon such revocation and after the expiration of 14 days from the service of such notice requiring demolition and removal as aforesaid the owner shall neglect or refuse to demolish and remove such verandah or balcony, then the officers of the local authority shall have power to demolish and remove the same at the expense of the owner, and such officers may, if necessary for that purpose, enter into and upon the building or premises of the owner, and the owner shall for such neglect or refusal be guilty of an offence.
Saving of public and private rights
60. Nothing in this Part, or in any permission granted thereunder, shall be construed as permitting the owner or occupier of any building to infringe any private or public rights by means of any projection from such building.
PART 9 - LIGHT AND VENTILATION
Ventilation under floors
61.-(1) Every person who shall construct a building having a ground floor constructed of wood carried on timber framing shall provide -
(a) that there shall be between the under side of the lowest timber of such framing and the surface of the ground or of any paving with which that part of the site may be covered a clear space of not less than 12 inches, and
(b) that such clear space shall be thoroughly ventilated in every part by means of sufficient openings in both external and internal foundation walls, or by sufficient air-bricks of approved type, or by other means approved by the building surveyor.
(2) Every person who shall construct a building having a ground floor constructed of concrete carried on piers or beams or partly on piers and partly on beams shall provide that the space below such beams shall, if unfilled, be ventilated to the approval of the building surveyor.
Windows
62. In every building of Class I, II, III or IV occupancy -
(a) Every habitable room shall have one or more glazed windows, louvres or french casement doors opening directly to the external air and having a superficial glazed area clear of sash and door frames equal to 10 square feet or to one-tenth of the floor area of such room (whichever is the greater), and so constructed that a portion equal to not less than one half of the superficial glazed area may be opened; any such opening shall extend to 7 feet above the floor level:
Provided that in estimating the area of such required windows and doors only those portions which admit light shall be taken into account.
(b) Every pantry or other minor room, not being a kitchen, in which food is stored or prepared shall be provided with a glazed window opening to the external air, or with other approved means of ventilation not less efficient than a glazed window;
(c) Every enclosed laundry and every bathroom and water-closet shall be provided with a window opening directly to the external air, and capable of being opened so that such opening extends to at least 6 feet above the level of the floor, and having an unobstructed glazed area as follows -
(i) for an enclosed laundry, not less than 6 square feet;
(ii) for a bathroom, not less than 4 square feet;
(iii) for a water-closet, not less than 2 square feet: Provided that -
(aa) where a bathroom and laundry are combined in one room, the superficial area of the window shall be not less than one-tenth of the floor area; and
(bb) where a bathroom and water-closet are combined in one room, the superficial area of the window shall be not less than. 6 square feet; and
(cc) where bathrooms or water-closets are grouped, the superficial area of the window or windows serving the group shall be not less than one-tenth of the total floor area of such group.
Water heaters
63. A water heater in which the combustion of gas or any other fuel takes place, installed in any bathroom or kitchen or laundry, shall be provided with a flue pipe of approved diameter discharging directly through the roof or through an external wall, and conforming to the requirements for flues contained in these Regulations.
Inlet and cross ventilation
64. In every building of Class I, II, III or IV occupancy -
(a) every room used of intended to be used for human habitation shall be provided with efficient inlet and cross ventilation by means of doors, windows, pushout shutters, fanlights, ducts, vents or other means to the satisfaction of the local authority;
(b) such means of inlet and cross ventilation shall extend to or be placed at a level as near as may be practicable to ceiling level;
(c) such means of inlet and cross ventilation shall be maintained at all times in proper working order.
Residential buildings
65.-(1) Every building of Class III occupancy shall be provided with such open spaces, including light areas, light courts and ventilating shafts, as may be necessary to provide sufficient natural lighting and ventilation to all rooms and other parts of the building.
(2) All such courts, light areas and ventilating shafts shall be paved with concrete or other impervious material and properly graded to outlets connected with the surface water drainage system; and all such courts, areas and shafts shall be provided with adequate means of access.
Space outside windows on sidelines
66. In every building or portion of a building of Class III or IV occupancy, where it is proposed to provide window or door openings in a side wall, that wall shall be set back throughout the entire length of that section of such building which is intended to be used as a dwelling or dwellings, to a distance of 6 feet from the side boundaries in the case of a building of one storey, and such distance shall be increased by 12 inches for each additional storey above the ground floor storey:
Provided that this regulation shall not apply to windows in walls fronting -
(a) a street boundary; or
(b) a registered easement of sufficient width to provide the unobstructed outside space required for ventilation and light.
Buildings of Class V and VI occupancy
67.-(1) No part of any floor of any office building, shop, factory or workroom shall be distant more than 30 feet from an unobstructed window fronting a road, right-of-way, open space, or unobstructible light area or court, or 25 feet from a window fronting an enclosed light area or court, unless in the opinion of the building surveyor the size and disposition of the windows of the building are such that a greater distance from such windows, up to a maximum of 60 feet, is justifiable.
(2) No part of any floor of a warehouse building or bulk store shall be more than 60 feet from an unobstructed window facing a road, right-of-way, open space or unobstructible light area or court, or 50 feet from a window fronting an enclosed light area or court, unless in the opinion of the building surveyor the size and disposition of the windows of the building are such that a greater distance from such windows, up to a maximum of 100 feet, is justifiable.
Provision of air-locks for water-closets and urinal apartments
68.-(1) (a) Except as provided in paragraph (2), no water-closet or urinal apartment within a building shall open directly into any room used for human habitation or for the manufacture, preparation or storage of food, or as a factory, workshop or place of work; and
(b) in every case where otherwise such water-closet or urinal apartment would open directly into such room, a lobby ventilated in an approved manner shall be provided.
(2) The air-lock may be omitted where the water-closet or urinal apartment -
(a) opens off a room normally occupied by not more than two persons and is intended solely for the use of such persons, provided that such room is not used for the storage, preparation or consumption of foods; or
(b) is mechanically ventilated to the satisfaction of the building surveyor.
(3) In a building of Class I, II or IV occupancy, a hall, passageway, lobby or staircase may be considered as a ventilated lobby for the purpose of this regulation.
Mechanical ventilation and air-conditioning
69.-(1) In circumstances requiring the installation of forced ventilation or air-conditioning, such a system may with the prior approval of the local authority replace of supplement natural ventilation.
(2) Every such system of forced ventilation or air-conditioning shall be capable of changing the air content of the building or portion of a building which it serves not less than 4 times each hour, or such larger number of times as the particular circumstances may require.
(3) Where any such system of forced ventilation is used in place of natural ventilation such system shall be operated at all times when the area it serves is occupied.
PART 10 - WORKMANSHIP AND MATERIALS
Workmanship
70. Every part of every building shall be constructed in sound and workmanlike manner.
Materials
71.-(1) Faulty or unsuitable materials shall not be used in the construction or repair of any building.
(2) No old or previously used material shall be used in the construction or repair of any building unless the same has first been inspected and permission for its use granted by the building surveyor.
(3) Materials which have been used in the construction of any cesspit, drain or sewer, or which are for any other reason dangerous to health, shall not be used in the construction or repair of any building.
Contravention of Regulations
72.-(1) Where any workmanship done or materials used in the construction or repair of any building, or in the drainage or sanitary fittings of a building, is not in conformity with the requirements of these Regulations, the building surveyor shall give to the owner of such building or to the person responsible for carrying out the work a written notice setting forth the matter or matters in respect of which such workmanship or material contravenes these Regulations, and requiring the renewal or making good of such workmanship or the replacement of such material within a specified time and to the satisfaction of the building surveyor.
(2) Where such owner or person responsible for the carrying out of the work fails to execute within the specified time the requirements of such order, the local authority shall serve upon him notice of contravention of these Regulations as provided in regulation 10 and shall take action accordingly.
Timber
73. All timber used in the construction of any building shall be well seasoned, of approved kind and grade, and free from defects such as dry rot or decay, large shakes or loose knots, and infestation by borer or ant:
Provided that, with the prior approval of the building surveyor, softwood not otherwise considered suitable for construction work may, if chemically treated or impregnated, be used for approved purposes where no significant load is carried.
Cement
74. All cement used in the construction of any building shall be fresh and shall conform to the British Standard Specification in force for the relevant type of cement at the time of such construction, except that in the case of Portland Cement (ordinary and rapid hardening) the British Standard Specification shall be varied by substituting the figure of 5 per cent for the percentage which the weight of magnesia shall not exceed. It shall be delivered to the works in the original sealed containers, free from damage by water or from other cause, and shall be stored in a dry place until used. Rebagged cement shall be used only with the express permission of the building surveyor, given in writing in respect of each consignment; and the building surveyor may require approved tests of rebagged cement to be carried out at the owner's expense, before granting permission for its use.
(Amended by Regulations 22 August 1962.)
Sand
75. All sand used for mortars, brickwork or brickwork, plastering or concrete shall be clean sharp river sand, free from salt, vegetable matter, loam or silt.
Aggregates
76. All aggregates used for concrete work shall consist of clean natural river gravel or crushed stone of approved grades and sizes, and shall otherwise conform to the requirements of Part 18.
Steel
77.-(1) Reinforcement for concrete shall be -
(a) rolled steel bars or hard drawn steel wire, complying with the requirements of B.S, 785 "Rolled Steel bars and hard drawn steel wire for concrete reinforcement"; or
(b) cold twisted steel bars complying with the requirements of B.S. 1144 "Cold twisted steel bars for concrete reinforcement"; or
(c) steel fabric complying with the requirements of B.S.1221 "Steel fabric for concrete reinforcement".
(2) Reinforcement shall be free from loose mill scale, loose rust, and coating of any kind likely to weaken the bond with the concrete.
(3) Structural steel shall conform to B.S. 15 for structural steel, and where unprotected by concrete shall be galvanized or well painted.
Concrete
78.-(1) No concrete shall be deposited under unfavourable weather conditions.
(2) Formwork shall be free from dirt, shavings or sawdust, or other refuse.
(3) Concrete shall be of quaking consistency, without excess of water; and standard slump tests may be required by the building surveyor, the resulting slumps being subject to his approval.
(4) All reinforced concrete shall conform to the requirements of the Code prescribed in Part 18.
Concrete blocks
79.-(1) Concrete blocks may be either solid or hollow.
(2) All concrete blocks -
(a) shall, unless otherwise expressly approved for solid blocks, be made in a machine of approved type;
(b) shall be made of concrete composed of 1 volume of cement and not more than 6 volumes of approved aggregates;
(c) shall be kept continuously damp and protected from the direct rays of the sun for a period of not less than 7 days after making;
(d) shall thereafter be stored in a cool damp place and shall not be used until they are matured.
(3) No block used in any load-bearing construction shall be less than 6 inches thick:
Provided that internal partition walls carrying only ceiling joists shall be not less than 4 inches thick.
(4) Hollow blocks shall have a minimum crushing strength of 400 pounds per square inch of gross sectional area when tested 28 days after making, in position as used in the wall.
Testing of materials
80. The local authority may test or order the testing of any building materials, and may prohibit the use of such materials as may be proved to be unfitted or unsuitable for the purpose for which they were intended to be used.
Special materials, forms of construction, and method of design
81.-(1) Materials, forms of construction, and methods of design not provided for in these Regulations may be employed subject to the following conditions:-
(a) In every case application for permission to employ such materials, forms of construction, or methods of design shall be made in writing to the local authority, which may refer the matter to its consultants for advice and guidance.
(b) Such application shall be accompanied by all particulars necessary to enable the local authority to judge of the suitability of the materials, forms of construction, or methods of design for the employment of which application is made, and to be assured that they will, if adopted, be equivalent to the requirements of these Regulations.
(c) The applicant shall, if required by the local authority, have such tests made as may be required or approved by the local authority, and such tests shall be made at the applicant's expense.
(d) The employment of such materials, forms of construction or methods of design shall not be proceeded with until the local authority's written consent has been conveyed to the applicant.
(2) In all cases where the employment of new materials, forms of construction, or methods of design has been approved by the local authority, such employment shall thereafter, to the extent and in the manner so approved, be authorised as if these Regulations had so authorised it.
PART 11 - DAMPNESS AND DRAINAGE OF SITE
Land without proper means of drainage
82. No building shall be constructed upon land which cannot at all times be effectually drained by gravitation into some adjoining street, channel, or drainage casement into, through or over which such drainage may lawfully be discharged.
Wet sites
83.-(1) In the case of a wet site, the building surveyor may require that the land to be covered by the building or any part thereof be covered with a layer of approved impervious material.
(2) The land covered by such building shall at all times be kept free from any accumulation of water or drainage, and all works necessary to achieve this shall be provided and maintained to the satisfaction of the building surveyor.
Drainage levels
84. Every person who shall construct a building shall construct the floor of the lowest storey of such building at a level which, in the opinion of the building surveyor, will permit the construction of a drain or drains sufficient for the effectual drainage of such building and of the site upon which it stands.
Disposal of stormwater
85. Subject to the provisions of regulation 240, every person who shall construct a building shall provide for the carrying off of stormwater from the roof thereof without causing dampness in any part of the walls or foundations of such building, or any annoyance or damage to any adjoining property, by means of -
(a) approved types of guttering, box-gutters or channels, fixed or constructed to falls and discharging into sufficient down-pipes connected to the stormwater drainage system of the site; or
(b) such other effectual method of roof or ground drainage as may be approved by the local authority.
Basements and cellars
86. Where in any building any part of the floor of a basement or cellar is below the level of the surface of the ground immediately adjoining an external wall of such basement or cellar-
(a) such wall shall be rendered impervious to dampness from its base to a height of not less than 6 inches above the surface of the adjoining ground;
(b) any portions of the walls or floor of such basement or cellar which are below ground level shall be made damp-proofed by means of vertical or horizontal damp-proof courses or protected by a dry and drained area not less than 2 feet wide and at least 6 inches below the floor level; and
(c) the local authority may permit the mechanical drainage of a cellar constructed at low level.
Plans and specifications to describe provisions for drainage
87. The provisions for stormwater drainage required by regulation 85 and for the damp-proofing of basements and cellars required by regulation 86 shall be fully shown or described in the plans and specifications accompanying the application for a building permit.
PART 12 - FOUNDATIONS AND FOOTINGS
Loading of foundations
88.-(1) The maximum loading per square foot which any footing shall be permitted to transmit to its foundation shall not exceed the bearing capacity of the particular type of material comprising such foundation as set out in the following table:
| Pressure in tons per sq. ft. |
solid soapstone ................................................................ | 8 |
natural compact gravel ....................................................... | 6 |
hard clay or compact earth ................................................... | 4 |
confined clay or confined sand or mixed clay and sand or ordinary soil | 2 |
soft clay or wet or loose sand or reclaimed ground ....................... | 1 |
(2) Where the safe bearing capacity of the material comprising the foundation of any building is in dispute or not known the building surveyor may require that approved tests be carried out to his satisfaction, and such tests shall be carried out at the owner's expense.
Footings
89.-(1) Every building other than a building of light timber construction shall have a complete system of footings constructed of reinforced concrete, and capable of transmitting the whole of the dead and live loads of such building to the foundations in such a manner that the load on the foundations in no place exceeds the safe bearing capacity of the material as provided in regulation 88.
(2) Footings shall be placed symmetrically under the piers, columns or walls which they support:
Provided that where this is not practicable the building surveyor may permit some other arrangement of equal efficiency.
(3) Concrete footings shall be reinforced with mild steel rods so placed as to resist lateral, as well as vertical stresses. The minimum longitudinal reinforcement shall be 4 mild steel rods, placed one at each external angle of the footing, with one similar rod to each 18 inches or part thereof of the footing, over and above 18 inches width, placed symmetrically near the bottom of the footing. The diameter of such reinforcement shall be in relation to the height of the building and shall be a minimum of ½ inch where the height of the wall does not exceed 12 feet and a minimum of ⅝ inch where the height of the wall exceeds 12 feet but does not exceed 21 feet. If the height of the wall exceeds 21 feet the footings shall be designed in conjunction with the rest of the structure and details supplied in accordance with regulation 18.
Provision for wind and earthquake loads
90.-(1) Where in the opinion of the building surveyor provision is necessary for lateral forces resulting from wind or earthquake, and the design of the building includes foundations for columns or piers, such foundations, columns or piers otherwise being independent of each other, these foundations, columns or piers shall be inter-connected in 2 directions at right angles to each other.
(2) Where approved by the building surveyor, ground-floor beams may be used as the required inter-connecting members.
PART 13 - WALLS AND PARTITIONS
Materials
91. The external walls of every building shall be constructed of durable materials as follows:-
(a) of timber framing, covered with matched lining or weatherboard, plain asbestos cement sheeting or other similar material; or
(b) of masonry or concrete blocks (solid or hollow), stone, brick and the like units; or
(c) of pre-cast concrete frame units and slabs; or
(d) of reinforced concrete, or of other fire-resisting material approved by the local authority:
Provided that -
(i) in buildings of Class VI occupancy, such walls may be constructed of structural steel and may be covered with corrugated sheets of mild steel or asbestos-cement;
(ii) in buildings of Class VIII occupancy which are appurtenant to buildings of Class I, II or III occupancy, and which are used r solely for the purpose of storage or as a private motor garage, such walls may be constructed of other materials approved by the building surveyor.
Use of other materials or methods of construction
92. Notwithstanding anything contained in these Regulations, materials of a lesser thickness or other materials or methods than those prescribed by these Regulations may be used in the construction of external walls of buildings of Class I or II occupancy, whether such walls are prefabricated or built in situ:
Provided that the use of such materials and methods of construction result in walls which in the opinion of the local authority -
(a) have the necessary strength and stability and in addition provide sufficient strength and stability to the structure as a whole;
(b) have a satisfactory insulation value; and
(c) satisfactorily resist the penetration of moisture.
Masonry walls
93. All masonry (concrete blocks, stone, brick and the like material) used in walls shall be properly bonded both in straight runs and at junctions, and solidly put together with cement mortar, the courses being reinforced by approved method where required.
Foundation walls
94.-(1) Every foundation wall shall be constructed of sound masonry or reinforced concrete, and shall be capable of transmitting to the footings the whole weight of the building together with all live loads.
(2) Every foundation wall shall be not less in thickness than the wall which it supports.
(3) Where a foundation wall constructed as a continuous wall is of the same thickness as the wall which it supports, and in addition supports a floor load on one side only, such floor load shall be carried on piers bonded into the foundation wall, or in any other manner which does not cause eccentric loading in such foundation wall.
(4) Foundation walls shall be ventilated as provided in regulation 61.
Reinforced concrete walls
95. Bearing walls constructed of reinforced concrete shall be designed in accordance with the provisions of Part 18.
Masonry walls other than concrete block walls
96. Every bearing wall constructed of stone, brick or other masonry units except concrete blocks shall conform to the requirements of the New Zealand Standard Code of Building By-laws in regard to thickness, height and length.
Concrete block walls
97.-(1) Every bearing wall constructed of concrete blocks -
(a) shall be not less than 6 inches thick, but in no case shall the thickness of such a wall be less than one-eighteenth of its height:
Provided that internal partition walls carrying only ceiling joists shall be not less than 4 inches thick;
(b) shall not exceed 20 feet in length unless supported at approved intervals by cross walls, or by piers having an aggregate width of not less than one-eighth of the length of the wall.
(2) Every hollow blockwork wall shall be provided with continuous vertical reinforcement not less than ½ inch in diameter at not more than 6ft. centres, for the full height of the wall, inclusive of foundation wall, securely anchored in to the foundation reinforcement and all other horizontal reinforcement.
This reinforcement shall consist of either a suitably designed concrete column properly tied into the wall, or a mild steel rod of not less than ½ inch diameter, passing through a hollow in the blocks, which shall be filled with solid concrete.
Similar reinforcement shall be built in at the end of each wall, at each angle or junction between 2 walls, and at each jamb of window, door or other openings.
(3) Every wall of greater height than 18 times its thickness shall be provided with an intermediate horizontal band as described in regulation 98, or some other approved reinforcement built into the horizontal joints of the blockwork.
(4) Hollow concrete blocks unsupported by reinforced concrete piers and beams shall not be used for the construction of bearing walls except in one-storey buildings not exceeding 14 feet in total height including the foundation walls, and only where the blockwork is tied with concrete bands as provided in regulation 98.
Reinforced concrete bands for block walls
98.-(1) All walls constructed of concrete block masonry unsupported by reinforced concrete piers and beams shall have continuous bands of reinforced concrete carried around all external and internal walls at the level of each tier of floor joists and of the ceiling joists or feet of the roof rafters.
(2) Bands shall be not less than 6 inches in height and shall be of a width not less than the full thickness of the wall.
(3) Each band shall be reinforced with not less than 2 mild steel bars of approved diameter.
(4) Where the design of the band requires more than 2 bars, such bars shall be provided with stirrups of thickness not less than No. 8 S.W.G. and spaced not more than 12 inches apart throughout the band.
(5) Reinforcement in bands shall be continuous around angles at corners and at intersections with cross walls, and the ends of the bars shall be hooked or lapped not less than the equivalent of 40 diameters.
Internal bearing walls and cross walls
99.-(1) No internal bearing wall shall have a free standing end, but each end shall be properly bonded into a return, external, party or intersecting wall of similar material or a reinforced concrete pier.
(2) Every required cross wall shall be constructed of the same kind of material and in the same manner as the wall to which it provides lateral support, and shall be bonded and tied into such wall.
Reinforced concrete panel walls
100.-(1) Every reinforced concrete panel wall shall have a thickness of not less than one-twenty-fourth of its height or length between supports, whichever is shorter, but in no case shall the thickness of any such wall be less than 4 inches.
(2) Every reinforced concrete panel wall shall have in each direction an amount of reinforcement not less than 0.0025 of the sectional area of the wall, but the amount of horizontal and vertical reinforcement may be varied but so that the total reinforcement in the wall is not less than 0.005 of the sectional area.
Concrete block panel walls
101. Panel walls may be constructed of concrete blocks laid in cement mortar and -
(a) every external panel wall shall have a thickness of not less than 6 inches;
(b) every internal panel wall shall have a thickness of not less than 4 inches;
(c) the unsupported area of any such wall between structural members shall not exceed 200 square feet; and
(d) the concrete blocks shall be bonded, keyed or tied into the supporting structural members.
Party walls
102.-(1) Every party wall separating 2 complete buildings whether such buildings are constructed of timber or of other materials, shall be constructed of masonry or reinforced concrete:
Provided that, where buildings of Class II occupancy are constructed of timber, the walls separating flats may be of timber double-lined from floor to ceiling.
(2) Every party wall shall be constructed in accordance with the requirements of these Regulations for bearing walls of corresponding height and length.
(3) Every party wall shall be carried up to the under side of the roof covering, without break or opening.
(4) No timber bearing upon a party wall shall extend beyond the centre of such wall.
(5) All woodwork inserted in the wall so as to project into or extend across a cavity, shall be effectively protected on top, end and sides by a layer of sheet lead or other equally suitable permanent material impervious to moisture.
(6) The ends of all such timbers shall be laterally separated from those of the adjoining building or dwelling by at least 6 inches of masonry or concrete.
Concrete block partitions
103.-(1) Where partition walls are constructed of concrete blocks, they shall be bonded at both ends into walls of similar material and construction, and shall not be less than 4 inches thick:
Provided that where such a wall is less than 4½ inches thick, the concrete blocks shall be solid.
(2) No partition wall of concrete blocks unsupported by reinforced concrete framing shall be more than one storey in height.
Damp-proof course
104.-(1) Every masonry wall and every fireplace shall have a complete and continuous damp-proof course constructed of water-proofed cement, mortar or other approved durable material impervious to moisture.
(2) The damp-proof course shall be laid beneath the level of the lowest floor.
(3) Where a wall is finished with a parapet, a damp-proof course as prescribed in this regulation shall be provided at the base of the parapet unless the parapet is effectually protected by cement rendering on top and sides.
(4) Where any portion of the walls of the lowest storey of a building is below the level of the ground adjoining such walls, in contact with it, such portion shall be rendered impervious to moisture by -
(a) a vertical damp-proof course of bituminous, asphaltic or other approved material; or
(b) in the case of poured concrete, an approved water-proofing compound.
PART 14 - FLOORS AND ROOFS
Division 1 - Floors
Timber floors
105.-(1) In buildings of Class I or II occupancy, all timber floors shall be constructed in accordance with the requirements of Part 17.
(2) In buildings other than buildings of Class I or II occupancy, all timber floors and all portions of composite floors which are constructed of timber shall be designed in accordance with an approved standard code of practice to the satisfaction of the building surveyor.
Reinforced concrete and structural steel floors
106. All reinforced concrete and structural steel floors shall conform to the requirements of Part 18.
Openings through floors
107. Where openings are formed through floors, every such opening shall be provided with trimmers and trimming-joists or beams of sufficient size to support the additional loads.
Mezzanine floors
108.-(1) Mezzanine floors or galleries may be constructed in buildings of Class V, VI or VII occupancy.
(2) In buildings of Class V or VI occupancy the height of the ceiling beneath every mezzanine floor above the main floor shall not be less than 7 feet 6 inches.
Permissible floor toads
109. On the completion of any building of Class V or VII occupancy, the building surveyor may require the owner of such building to affix and subsequently maintain in conspicuous places not less than 3 feet above the floor permanent and legible notices stating the safe live load for which such floor has been designed.
Requirements for sub floor ventilation
110. When the lowest floor of any bulding is constructed clear of the ground, the space between the floor and the ground shall be ventilated as provided in regulation 61.
Floors constructed below ground level
111. When any portion of the floor of the lowest storey of a building is constructed below the level of the ground immediately adjoining, the whole of such portion of the floor shall be effectually drained and shall be protected against damp as provided in regulation 86.
Division 2 - Roofs
Drainage of roofs
112. Every roof shall be provided with a complete system of drainage as prescribed in regulation 85.
Enclosure of flat roofs
113. Every flat roof to which access is provided for other than maintenance purposes shall be enclosed by a parapet which shall either -
(a) continue to a height of 3 feet above the surface of the roof; or
(b) be surmounted by an approved metal guard or railing reaching to a total height of 3 feet above the surface of such roof.
Timber roof construction
114.-(1) In buildings of Class I or II occupancy, all roofs of timber construction shall conform to the requirements of Part 17.
(2) In buildings of other than Class I or II occupancy, all roofs of timber construction shall be designed in accordance with an approved standard code of practice to the satisfaction of the building surveyor.
Roof trusses or principals
115.-(1) All roof trusses or principals, whether of timber, steel or composite construction, shall be designed to carry the dead load of the structure together with the live loads and wind loads imposed or likely to be imposed upon them.
(2) For every such roof truss or principal proposed to be constructed in any building, the drawings, schedules and calculations required by regulation 18 shall be submitted with the application for a building permit.
PART 15 - CHIMNEYS AND FLUES
Materials of chimneys
116. Every chimney shall be constructed of -
(a) reinforced concrete; or
(b) masonry of concrete blocks or precast slotted units; or
(c) other approved incombustible materials.
Foundations of chimneys
117. Every chimney constructed of concrete or masonry, if unsupported by the foundations of walls of a building of similar material, shall be built upon an approved foundation of reinforced concrete not less than 6 inches thick and carried down to natural solid ground.
Construction of chimneys
118.-(1) A hearth of incombustible material solidly or soundly supported shall be provided under and in front of every fireplace opening.
(2) The jambs of every fireplace opening shall be not less than 8 inches thick.
(3) The back of every fireplace opening shall be of solid masonry not less than 8 inches thick or of reinforced concrete not less than 6 inches thick.
(4) The breast of every chimney shall be not less than 4 inches thick, and shall be adequately supported by means of an arch or a reinforced concrete beam.
(5) The shaft of every chimney shall be parged in an approved manner or provided with an approved flue lining, and shall be carried up to a height of not less than -
(a) 2 feet above the level of the ridge of the roof intersected; and
(b) 6 feet above the level of any opening situated within a distance of 10 feet of such chimney; or
(c) in the case of a flat or low-pitched roof, 5 feet above the level of the adjacent part of such roof.
Pipe flues
119.-(1) In buildings of Class I, II or IV occupancy, flues serving free standing domestic wash-house coppers or boilers, water or bath-heaters, small stoves and similar appliances may be of metal piping not less than 22 gauge in thickness or other approved incombustible material and of appropriate diameter.
(2) Every such pipe flue shall be properly supported by means of straps and wire stays, or in some other approved manner.
(3) No pipe flue shall be fixed or constructed nearer than 6 inches from any woodwork or other combustible material unless such pipe flue is encased in non-conducting and incombustible material to the satisfaction of the building surveyor.
(4) Where any pipe flue passes through a wall, ceiling, roof-space or roof or any other portion of a structure, it shall be surrounded by a sleeve of incombustible material having a clearance of not less than 1½ inches at all points between the exterior of the sleeve; and such sleeve shall be continuous to the termination of the flue above the roof and shall not be used as a flue for the conduction of smoke or heated gases at any part of its length below a point not less than 12 inches above the roof covering.
(5) Every such sleeve shall be effectually flashed at its junction with the roof by means of a flashing sheet or by some other approved method.
(6) Every such sleeve shall be provided with a permanent cowl or hood.
(7) Every such pipe flue and sleeve shall be carried up to a height of not less than -
(a) the level of the ridge of any portion of the roof intersected; and
(b) 6 feet above the level of any opening situated within a distance of 10 feet from such pipe flue; or
(c) in the case of a flat or low-pitched roof, 5 feet above the level of the adjacent part of such roof.
(8) No unprotected pipe flue shall be fixed externally to any wall abutting upon any street, land or alley-way, except at a height of not less than 10 feet above the ground or pavement.
Chimneys for other than domestic purposes
120.-(1) Every kitchen chimney in buildings of Class III occupancy, and every chimney of bakehouses, laundries and the like, shall be constructed of reinforced concrete or approved concrete block or other masonry, and every such chimney shall have a flue lining of glazed earthenware pipe or other suitable material of approved diameter:
Provided that where permitted by the building surveyor such chimney may be constructed of metal of approved design and weight and of durable construction.
(2) Every chimney proposed to be used for trade or industrial purposes shall, if so required by the building surveyor, be properly designed in accordance with the New Zealand Standard Code of Building By-Laws, to withstand all forces to which it may be exposed including forces resulting from hurricane or earthquake.
PART 16 - DEAD AND LIVE LOADS
Design for toads
121. Every building and every portion thereof shall be designed to withstand the forces and support the loads both dead and live to which it is subject.
Dead loads
122. For the purpose of estimating dead loads, the weights of materials shall, in the absence of more definite information, be assumed to be as follows:-
| lb. per sq. foot | lb. per cu. foot |
Concrete, reinforced .................................... | | 150 |
Concrete in floors, and cement finish to same, per inch of thickness ...................................................... | 12 | |
Steel ...................................................... | | 490 |
Timber, softwoods ............................................ | | 40 |
Hardwood ................................................... | | 70 |
Live loads
123. The minimum live loads for which a building or portion of a building may be designed shall be the loads specified in the following table for the particular occupancy:
Provided that -
(a) the minimum live loads for all classes of building not specified in the following table shall be determined or calculated in accordance with the requirements of a standard code of practice approved by the local authority;
(b) loads, resulting from heavy equipment or machinery shall be calculated and provided for.
Class | | lb. per sq. ft. |
I | occupancy: dwellings ...................................................... | 40 |
II | occupancy: Flats, bed and living rooms ................................ | 40 |
| common dining rooms and lounges .................................. | 60 |
III | occupancy: residential buildings: bed and living rooms ............. | 40 |
| common dining rooms and lounges .................................. | 60 |
| public spaces and any room used for dancing ...................... | 100 |
IV | occupancy: dwellings attached to other classes of building ......... | 40 |
V | occupancy: shops and commercial buildings: offices ................ | 50 |
| entrance halls including corridors, passages and stairs and shops warehouses (to be calculated) | 100 |
VI | occupancy: industrial buildings (to be calculated), minimum ...... | 100 |
VII | occupancy: public buildings: places of worship and schools: with fixed seats ...................................... | 40 |
| with movable seats ................................................... | 60 |
| aisles and corridors ................................................... | 80 |
| places of assembly: halls etc., including corridors, passages and stairs .................................................................... | 100 |
| institutions ............................................................. | 40 |
Live load reductions
124. In the design of columns, piers and walls, percentage reductions in the total live loads of the several floors of a multi-storey building may be allowed in accordance with a standard code of practice approved by the local authority.
Impact
125. Where a floor or portion of a floor in a building is to be designed to carry machinery, the live load shall be increased by the addition of 50 per cent of the weight of such machinery to provide for impact.
Stairways and landings
126. The live load for public stairways and landings shall be 100 lb. per square foot:
Provided that any tread shall be capable of sustaining a point load of 250 lb. in the centre of the tread (or at the outer end of a cantilever tread) or a distributed load of 125 lb. per lineal foot, whichever may produce the greater stresses.
Roofs and cantilever awnings or verandahs
127.-(1) Every pitched or fiat roof without access except for maintenance shall be designed for a vertical live load of 10 lb. per square foot in addition to the wind load prescribed in regulation 128:
Provided that in the case of a pitched roof in which the vertical component of the wind load prescribed in regulation 128, is not less than 10 lb. per square foot, such wind load may be taken as an alternative load to that herein prescribed.
(2) Every flat roof, or pitched roof having a slope of less than 10 degrees, to which access is provided for recreational or other similar purpose, shall be designed for a live load of 50 lb. per square foot.
(3) Every suspended awning or verandah shall be designed for a live load of not less than 30 lb. per square foot; and every suspended awning or verandah to which access is available shall be designed for a live load of not less than 50 lb, per square foot.
Wind loads
128. All buildings and parts of buildings exposed to wind pressure shall be designed to resist safely both during construction and after completion a horizontal pressure not less than 50 lb. per square foot of the whole projected surface.
Horizontal forces due to earthquake
129. Where so required by the building surveyor, every building used by the public or to which the public has access shall be designed and constructed to withstand a continuously applied force in any horizontal direction equal to at least one-tenth of the dead weight of the building together with its live loads.
Light frame buildings
130. Light frame buildings with large openings shall be designed to resist stresses due to pressure of wind entering such openings.
PART 17 - TIMBER CONSTRUCTION
General
131. The framework o£ every timber building shall be constructed in accordance with these Regulations:
Provided that -
(a) structural members shall be designed in accordance with the principles of structural mechanics as prescribed in a standard code of practice approved by the local authority;
(b) where it is desired to use methods of construction, materials, sizes or spacing of timbers other than as prescribed herein, or where in any particular case the provisions of these Regulations are inapplicable or the sizes or spacing of timbers unsuitable, calculations and details or a design based upon the principles of structural mechanics as prescribed in paragraph (a) shall be submitted to the building surveyor; and the building surveyor may, if satisfied with such calculations, details or design, approve the same and waive the relevant requirements of this Part;
(c) the local authority may, by resolution in each particular case, waive any of the provisions of this Part relating to the size and spacing of timbers in respect of any temporary building otherwise approved by the local authority and in which rigidity is not essential;
(d) the building surveyor may permit the construction of small outbuildings not intended for human habitation in which the size and spacing of timbers is other than those required by this Part.
Connections
132. The structural members of all buildings or portions of buildings constructed of timber shall be securely framed and connected together, and the connections between the several parts shall be such that in the opinion of the building surveyor all forces shall be adequately resisted.
Walls extending below the ground
133. Where any wall of timber framing or construction extends below the surface of the ground adjacent to such wall, there shall be a clear horizontal space not less than 2 feet wide between the outside of such wall and the ground, and extending not less than 12 inches below the level of the bottom plates; and adequate provision for the drainage of such space shall be made.
Re-erection of removed buildings
134. Every building or other construction removed or transported for re-erection shall, when re-erected, comply with all the provisions of these Regulations in respect of new buildings of the appropriate class of occupancy.
Foundations
135.-(1) The timber framing of all walls shall rest upon -
(a) sleeper walls of reinforced concrete or of concrete blocks or other approved masonry not less than 4 inches thick and stiffened where necessary with piers of poured concrete bonded into the walls; or
(b) concrete piers not less than 6 inches x 6 inches in section, reinforced to the satisfaction of the building surveyor; or
(c) piles or stumps of approved durable hardwood not less than 4 inches x 4 inches or its equivalent in section:
Provided that -
(i) where the safe bearing capacity of the foundation material requires distribution of the load suitable sole plates shall be provided;
(ii) where concrete piers or hardwood piles are of excessive height they shall be increased in size as necessary and, if so required by the building surveyor, they shall be securely braced.
(2) The spacing of concrete piers or hardwood piles shall be appropriate to the size of the wall plates and to the load which they carry.
(3) Where any wall plate is supported on a sleeper wall an effective damp-proof course shall be provided between such plate and the sleeper wall.
(4) The foundations of all buildings shall be ventilated as provided in regulation 61.
Wall plates
136.-(1) All framed walls and partitions shall have top and bottom plates against which the studs shall bear evenly.
(2) (a) The top and bottom plates in exterior and other bearing walls and partitions shall be the full width of the studs and not less than 3 inches in thickness:
Provided that if the bottom plate is continuously supported on a sleeper wail it shall be not less than 2 inches in thickness.
(b) Bottom plates in non-bearing partitions laid upon floors shall be not less than 1 inch in thickness.
(c) All bottom plates situated below the floor joists of a ground floor shall be of durable hardwood.
(3) Angles and intersections of top and bottom plates shall be halved and shall be adequately supported by piles and studs.
(4) Joints in top plates and in bottom plates not continuously supported shall be halved or scarfed, and all such joints shall be adequately supported by piles or studs.
(5) Bottom plates shall be secured to the foundation structure as follows:-
(a) where laid upon a continuous sleeper wall, by bolts not less than ½ inch in diameter bedded at least 6 inches into the wall and spaced not more than 4 feet 6 inches centre to centre;
(b) where laid upon concrete piles, by bolts not less than ½ inch in diameter bedded at least 6 inches into the concrete, or by other equally effectual method approved by the building surveyor;
(c) where laid upon hardwood piles, by galvanized hoop-iron straps, or alternatively by two strands of No. 8 S.W.G. galvanized wire, passing over the plate and securely spiked to the piles.
Vermin plates
137. In all double lined walls other than partitions resting upon a finished floor, a vermin plate of approved thickness shall be provided.
Studs
138.-(1) All studs shall be housed or tenoned into bottom and top plates; and all studs in external walls shall be secured to bottom and top plates with galvanized hoop-iron straps or by some other method approved by the building surveyor.
(2) In every single-storey building, studs in external and other bearing walls shall be not less in section than -
(a) for intermediate studs supported by not less than two rows of dwangs or wall purlins, 4 inches x 2 inches in section;
(b) for trimmer studs to openings not exceeding 6 feet in width, 4 inches x 3 inches in section; and for openings exceeding 6 feet in width, of section approved by the building surveyor;
(c) for corner studs, 4 inches x 4 inches in one timber, or built up of two 4 inches x 2 inches timbers well spiked or bolted together.
(3) In every two-storey building studs in external and other bearing walls shall be not less than 4 inches x 3 inches in section, and shall be supported by not less than 2 rows of dwangs in each storey.
(4) The spacing of studs shall be not more than 48 inches centre to centre where vertical lining is used, and not more than 24 inches centre to centre where wall sheeting or horizontal weather-boarding is used.
(5) Studs in non-bearing partitions not more than 9 feet in height may be of smaller section than that prescribed in sub-paragraph (a) of paragraph (2) provided that the building surveyor is satisfied that such partitions are rigid and otherwise satisfactory.
Dwangs or wall purlins
139.-(1) Every external wall except walls covered with horizontal weather-boarding, and every internal bearing wall, shall be provided with dwangs or wall purlins not less than 3 inches x 2 inches in section and spaced not more than 36 inches centre to centre.
(2) Every non-bearing partition shall have not less than two rows of dwangs or wall purlins of not less than 3 inches x 1½ inches in section.
Lintels to openings
140. The heads of openings, unless trussed, shall be provided with lintels; and such lintels shall be solid, checked not less than ½ inch to the trimmer studs, and of depths approved by the building surveyor.
Bracing
141.-(1) Every external wall and every major internal wall shall be effectually braced with timbers not less than 6 inches x 1 inch or its equivalent in section, continuous from bottom plate to top plate, housed into plates and studs and securely spiked to the same:
Provided that solid bracing may be permitted in double lined walls.
(2) Where possible every such brace shall be fixed at an angle of approximately 45 degrees to the horizontal, and except where other effectual means of bracing is provided, no brace shall be fixed at an angle greater than 70 degrees to the horizontal.
(3) Where openings or other features render the normal bracing prescribed in paragraphs (1) and (2) inadequate or impracticable, special provision for bracing shall be made to the satisfaction of the building surveyor.
Corner braces
142. All corners of external walls, or of walls which carry the main roof framing, shall be braced in a horizontal plane at top plate level with diagonal timbers not less than 6 square inches in section and of approved length, housed into the ceiling joists (if any) and securely spiked to plates and joists:
Provided that where there are no ceiling joists at top plate level, the corner braces shall be not less than 4 inches x 3 inches in section and shall be notched over the top plates.
Floor framing
143.-(1) The sizes and spacing of floor timbers shall be as prescribed in an approved standard code of practice:
Provided that Oregon joists 2 inches thick shall -
(a) in floors for which a live load of 40 lb. per square foot is allowable, be of depth not less than 1∕18th of the unsupported span, and spacing not more than 24 inches centre to centre;
(b) in floors for which a live load of 60 lb. per square foot is allowable, be a of depth of not less than 1/16th the unsupported span and spacing not more than 21 inches centre to centre;
(2) All joists having an unsupported span of more than 8 feet shall be stiffened at intervals of not more than 8 feet with herring-bone strutting not less than 2 inches x 1½ inches in section, or solid dwangs the full depth of the joists.
(3) Joists under bearing partitions and running parallel thereto shall be double, and shall be separated at not more than 3 feet intervals by solid packing to the full depth of the joists.
(4) Trimmers and trimming joists shall, where so required by the building surveyor, be not less than 1 inch thicker than the joists which they support.
(5) In every ground floor constructed of timber, means of access to the space between such floor and the ground beneath shall be provided.
Roofs
144.-(1) All roofs shall be securely framed into the supporting walls or tied to the same by means of galvanized hoop-iron straps or other approved method.
(2) All roofs shall be effectually braced and strutted, rafters being trussed or provided with collar ties where necessary or both trussed and provided with collar ties, and the feet of the rafters being bolted or otherwise secured to the ends of ceiling joists as herein provided.
Rafters
145. The size and spacing of rafters in relation to the span and the weight of the roof covering shall be as prescribed in an approved code of practice:
Provided that -
(a) Oregon rafters 2 inches thick shall be of depth not less than 1/20th of the unsupported span, and in the main roof of a building shall not in any case be less than 4 inches in depth;
(b) where supporting a roof of corrugated iron or asbestos-cement, rafters of minimum dimensions shall be spaced not more than 3 feet centre to centre.
Roof purlins
146.-(1) The sizes and spacing of purlins in relation to the distance between rafters or trusses and the weight of the roof covering and calculated live loads shall be as prescribed in an approved code of practice.
(2) For roofs of corrugated iron or asbestos-cement purlins shall be not less than 3 inches x 2 inches in section, in long lengths, the joints where necessary being staggered; and such purlins shall be spaced at not more than 36 inches centre to centre.
(3) All such purlins shall be effectually secured to the rafters by means of galvanized hoop-iron straps at alternate crossings or other approved means.
Hips, valleys and ridges
147. Hips, valleys and ridges shall be not less than 1 inch in thickness, and shall be 2 inches greater in depth than the rafters attached to them. Where joints are necessary, they shall be spliced on both sides with timber of similar width and thickness not less than 3 feet in length.
Ceiling joists
148.-(1) Ceiling joists shall be not less than 4 inches x 2 inches in section, and spaced not more than 36 inches centre to centre:
Provided that -
(a) where the ceiling is of material other than lining boards or thin sheets, the spacing shall be as approved by the building surveyor;
(b) where the ceiling is of sheet material, all edges of every sheet shall be supported by joists or by trimming pieces fixed between the joists.
(2) Ceiling joists shall be so arranged as to form a continuous tie across the full width of the roof at intervals not exceeding 9 feet, if necessary by laps over supporting walls; and such continuous joists shall be secured to the feet of the corresponding rafters.
(3) Ceiling joists exceeding 8 feet in clear span shall be suspended from runners or hangers fixed at intervals not exceeding 8 feet, supported on cross walls, and secured to the roof timbers; and the joists shall be secured to such runners or hangers in an approved manner.
PART 18 - REINFORCED CONCRETE AND STRUCTURAL STEEL
General
149. Every building and every structural part thereof proposed to be constructed wholly or in part of reinforced concrete or of structural steel shall be designed by methods which will permit of rational analysis in accordance with established principles of structural mechanics and design.
Submission of drawings, calculations, etc.
150. For every building and every structural part thereof proposed to be constructed wholly or in part of reinforced concrete or of structural steel, the drawings, schedules and calculations specified in regulation 18 shall be submitted to the building surveyor with the application for a building permit; and all such drawings, schedules and calculations shall be signed by the architect, engineer, or designer responsible for their production:
Provided that inspection of the drawings, schedules and calculations by the building surveyor as herein provided shall be deemed to be primarily for the purpose of determining whether or not the building has been designed in accordance with established principles of structural mechanics and design as prescribed in regulation 149, and in accordance with the requirements of an approved standard code of practice; and the building surveyor's approval of such drawings, schedules and calculations shall not in any respect relieve the designing architect or engineer of full responsibility for the design and for its structural stability.
Reinforced concrete constructions
151. All reinforced concrete constructions shall be designed and constructed in conformity with the provisions of the New Zealand Standard Code of Building By-Laws, Parts IV to VI inclusive, or other standard code of practice approved by the local authority.
Allowable stresses in concrete and steel
152. Subject to the provisions of regulation 151, the working stresses for concrete and reinforcing steel, stated in pounds per square inch, shall not exceed the following:-
Concrete (1 : 2 : 4) | lbs. |
Extreme fibre stress in compression .......................................... | 750 |
Shear, without web reinforcement ............................................ | 40 |
Shear, with properly designed web reinforcement .......................... | 120 |
Bond between concrete and steel for plain bars .............................. | 90 |
Mild steel bars, in tension or compression .................................... | 18,000 |
(Amended by Regulations 26 January 1960.)
Structural steel construction
153.-(1) All structural steel construction shall be designed, fabricated and erected in conformity with the provisions of the New Zealand Standard Code of Building By-Laws, Part XI - Steelwork, or other standard code of practice approved by the local authority.
(2) All structural steel construction in which welded connections are used shall be designed, fabricated and erected in conformity with the provisions of the sections dealing with the welding in the aforesaid New Zealand Standard Code, or other standard code approved by the local authority.
PART 19 - MEANS OF EGRESS
Required exits
154.-(1) In these Regulations, the terms "required exit" means an exit required by or under any provision of these Regulations.
(2) Required exits shall include stairways (whether internal or external), ramps, horizontal exits, passageways and doorways, used either singly or in combination to provide passage to a street or to an open space leading to a street.
Location of exits
155.-(1) Required exits shall be located so as to provide alternative means of egress from the floor areas served by them; and except where otherwise provided, no part of such floor area shall be distant more than 100 feet from an exit.
(2) In all buildings exits shall be located so that there are no pockets or dead ends in which occupants may be trapped.
Dimensions of exits
156.-(1) Required exits shall have a minimum height of 6 feet 8 inches throughout, and unless otherwise provided shall have a clear width of not less than 3 feet 4 inches:
Provided that in buildings of Class I or IV occupancy, and in buildings of Class II occupancy containing not more than 4 flats, the minimum clear width shall be 2 feet 8 inches.
(2) Doors, aisles, passageways and stairways giving access to required exits shall have an aggregate clear width at least equal to the clear width of the exits to which they discharge.
Additional means of egress
157. Every building whether constructed before or after the commencement of these Regulations, in which the means of egress provided or proposed to be provided are, in the opinion of the building surveyor and an officer of the Fire Service appointed for the purpose by the local authority, inadequate for the safety of the occupants, shall be provided with such additional exits or fire-escapes as may be directed in writing by the building surveyor:
Provided that -
(a) any such directions shall not require means of egress in excess of those required by Part VII of the New Zealand Standard Code of Building By-Laws or other code approved by the local authority;
(b) any person considering himself aggrieved by any such direction shall have the right of appeal to the local authority.
Basements
158. Except in buildings of Class I occupancy, every basement area shall have access to alternative means of egress remote from one another:
Provided that where any such basement is used solely for the housing of mechanical equipment, one such means of egress may be a fixed ladder or a steep stair.
Stairways
159.-(1) Except in buildings of Class I occupancy, every required exit stairway and landing shall be constructed of fire-resisting materials such as hardwood, not less than 2 inches in nominal thickness for treads and strings and of substantial section for framing, or metal not less than ¼ inch in thickness, or reinforced concrete.
(2) The use of winders in required exit stairways is prohibited except in buildings of Class 1 occupancy.
(3) In every exit stairway, treads and risers shall be of uniform dimensions throughout, and shall be solidly constructed of non-slip material. Treads shall be not less than 10 inches in clear width, and risers shall be not more than 7½ inches in height.
(4) Every exit stairway shall have straight flights with half-space or quarter-space landings at intervals of not more than 16 or less than two risers; and the length and width of landings shall be not less than the width of the stairways in which they occur:
Provided that in any straight flight the distance between risers on a landing shall be not less than 36 inches.
(5) In every exit stairway of open construction (without risers) the under side shall be lined with incombustible materials.
Guards and handrails
160.-(1) Every stairway shall have a wall or a well secured balustrade or guard on each side, and shall also be provided with handrails on each side: Provided that stairways less than 40 inches in width may have a handrail on one side only.
(2) Every stairway 7 feet or more in width shall have one or more intermediate handrails, continuous between landings, and spaced not more than 5 feet apart.
(3) Every external stairway and its landings and platforms shall be provided with a handrail and intermediate rail or balusters, or with other approved protection along the open sides.
Ramps
161. Ramps serving as exits or giving access to exits shall have a slope not greater than one in eight, and shall be provided with an approved non-slip surface.
Doorways
162.-(1) Except in buildings of Class I, II or IV occupancy, the fastenings of every door in required exit doorways shall be such that the door may readily be opened from the inside without the use of keys.
(2) No exit door shall be open directly upon a flight of stairs, but shall open upon a landing not less in width than the width of the door.
(3) Vertically sliding doors and roller shutters shall not be regarded as required exits.
Fire-isolated stairways
163.-(1) Fire-isolated stairways shall be so constructed as to provide complete enclosure of the stairway from the floors or other spaces served to the exterior of the building.
(2) Every door leading into a fire-isolated stairway shall be of incombustible material; and every such door shall be self closing.
(3) All provision for light and ventilation in fire-isolated stairways shall be in an external wall.
Fire escapes
164.-(1) Fire escapes where required shall be constructed in accordance with a standard code of practice approved by the local authority.
(2) Every fire escape shall be constructed of incombustible material, and shall be capable of carrying in safety the greatest number of persons reasonably expected to use it at any one time.
(3) No fire escape shall overhang a street or other public place:
Provided that the local authority may, at its discretion, permit a fire escape to be constructed so as to overhang a back lane where no alternative is possible.
Buildings of Class III occupancy
165. In buildings of Class III occupancy -
(a) Every room intended for use by more than 60 persons shall have at least 2 doorways remote from each other.
(b) Every building more than one storey in height shall be provided with alternative exits:
Provided that -
(i) where any such building is not of fire-resisting construction, at least one of the required exits shall be a fire-isolated stairway;
(ii) the required means of egress shall be so located that the entrance to any flat or habitable room is not more than 75 feet distant from such a means of egress.
(c) Every exit shall have a minimum width of 3 feet 4 inches:
Provided that a stairway serving a floor area accommodating not more than 25 persons may be not less than 2 feet 8 inches in width.
(d) Where any such building is constructed of timber framing, the windows of all habitable rooms above the ground floor storey shall open upon an external horizontal exit or escape stairway as prescribed in these Regulations.
Buildings of Class V or VI occupancy
166.-(1) Every building of Class V or VI occupancy not more than 2 storeys in height shall be provided with alternative means of egress or with a fire-isolated stairway.
(2) Every such building more than 2 storeys in height shall be provided with alternative means of egress, at least one of which shall be a fire-isolated stairway.
(3) Where the distance of travel from any point on a floor or other space served by an exit is more than 75 feet, additional means of egress may be required by the local authority; and where such distance of travel is more than 100 feet additional means of egress shall be provided in every case.
Buildings of Class VII occupancy
167.-(1) In every public building of Class VII occupancy the provision for means of egress shall be subject to the approval of the local authority and of an officer of the Fire Service appointed for the purpose by the local authority.
(2) Every such building or portion of a building used or intended to be used as a place of assembly shall have means of egress as follows:-
(a) The aggregate width of a free exit space whether in doorways, passages, or stairways, shall be calculated on the basis of the number of persons that such building or portion of a building is capable of accommodating, as follows:-
for any number of persons in excess of 25 and not exceeding 60, not less than 3 feet 4 inches.
for any number of persons in excess of 60, 2 feet 8 incites for the first 60 persons, and 18 inches for each additional 60 persons or fraction thereof.
(b) Every floor or mezzanine floor or gallery of any such building used or intended to be used as a place of assembly shall be provided with an independent means of egress sufficient for the persons which such floor or mezzanine floor or gallery is capable of accommodating; and no such means of egress shall join or discharge into any other passageway or stairway used by persons from another floor, unless such passageway or stairway is widened in proportion from the point of intersection to the street exit.
(3) Every door providing means of egress from a building or portion of a building used or intended to be used as a place of assembly shall open in the direction of exit travel and shall be fastened or secured with an approved type of panic-bolt, and no other fastening of any kind shall be used.
(4) Every exit door abutting upon a street shall be recessed so as not to encroach upon the public way.
(5) Every hospital or nursing home or building designed, adapted or used as a hospital of nursing home shall have at least 2 exits remote from one another; and the passageways, corridors, stairways and doorways leading to such exits shall be of ample width for the removal of patients in case of fire.
(6) In every such building the width of any door or stairway between wards and exits shall be not less than 3 feet 6 inches, and the width of any passageway or corridor between wards and exits shall be not less than 4 feet.
(7) Every such building shall be so planned that occupied beds may be wheeled or carried from the wards to the exits.
PART 20 - SANITATION AND PRIVIES
General
168.-(1) Sanitary conveniences prescribed in this Part shall be connected to:
(a) a public sewerage system, where such system is available; or
(b) a septic tank:
Provided that where permitted by the local authority an approved chemical closet or an approved pan or pit or bore-hole privy may be constructed.
(2) Every such convenience, closet and privy shall be installed in or appurtenant to any particular premises.
Permission to construct closet or privy
169.-(1) No person shall construct any closet or privy in or appurtenant to any building or on any premises without the prior permission of the local authority, and such permission shall be in writing.
(2) Every application for permission to construct a closet or privy shall, unless otherwise expressly permitted by the local authority, be accompanied by a plant and specification of the proposed work together with a block plan clearly indicating the position of the proposed closet or privy in relation to existing buildings, streets or other public ways, and side boundaries as prescribed in sub-paragraphs (c) and (d) of paragraph (2) of regulation 17.
Buildings of Class I, II or IV occupancy
170. For every building of Class I or IV occupancy and for every flat in buildings of Class II occupancy, there shall be provided at least one closet: Provided that -
(a) every dwelling house where domestic labour or servants are housed on the premises shall be provided with an additional closet for the use of such labour or servants;
(b) Every block of 2 or more flats shall be provided with a closet or closets for the use of servants in the proportion of one such closet for every four flats or fraction thereof.
Building of Class III occupancy
171. For every building of Class III occupancy there shall be provided separate sanitary conveniences for each sex in accordance with the following scales:-
(a) Where accommodation is provided for not more than 8 occupants, at least one closet for males and one closet for females.
(b) Where accommodation is provided for any number of occupants exceeding 8 -
(i) for males: at least one closet for every 8 males or fraction thereof;
(ii) for females: at least one closet for any number of females up to 6; and one additional closet for each additional eight females or fraction thereof.
(c) One urinal shall be provided for any number of males up to 8; and one additional urinal for each additional 16 males or fraction thereof:
Provided that where the premises are connected to a public sewerage system or to a septic tank, a pedestal closet having a lift-up seat shall be deemed to be a urinal.
(d) In the case of licensed premises, such additional closets and urinals shall be provided as, in the opinion of the local authority, the needs of the public frequenting such premises may require.
(e) For the purposes of paragraphs (a), (b) and (c), "occupant" shall include servants and other employees whether or not resident in the premises.
Building of Class V or VI occupancy
172.-(1) In every building of Class V or VI occupancy sanitary accommodation shall be provided on the basis of the number of persons of each sex ordinarily occupying or present in such building during any substantial part of the day, as follows:-
(a) for males: one closet for every 20 males or fraction thereof; and one urinal for every 25 males or fraction thereof;
(b) for females: one closet for every 15 females or fraction thereof:
Provided that where any such building includes more than one shop, office or other business or occupation, the required closets and urinals may be provided for the building as a whole or for each or any section of the building independently.
(2) In any building in which the majority of those employed are of one sex and not more than 2 are of the opposite sex, separate and distinct accommodation for persons of the sex in the majority only shall be required if suitable accommodation is provided in adjacent or adjoining premises for the persons of the sex in the minority:
Provided that this paragraph shall only apply where the local authority is satisfied that such accommodation in adjacent or adjoining premises is conveniently accessible to all those persons who may be expected to use it.
Buildings of Class VII occupancy
173.-(1) In every building of Class VII occupancy other than a school or a college, sanitary accommodation shall be provided as follows:-
(a) in place of assembly not normally occupied for more than 3 hours at any one session, one closet for each sex and one urinal for males for every 100 persons (irrespective of sex) for whom accommodation is provided in such building;
(b) in hospitals and institutional buildings on the scale prescribed in regulation 171 for buildings of Class III occupancy.
(2) In schools and colleges, separate closets and urinals shall be provided for teachers and other adults, and for children, respectively, on the basis of the number of adults and children normally present in and about the building or buildings during school hours, in accordance with the following scale:-
(a) teachers and other adults: separate closets for each sex at the rate of one closet and one urinal for every 20 males or fraction thereof; and one closet for every 15 females or fraction thereof;
(b) children - boys: one closet for every 33 boys or fraction thereof up to 200 boys: ad an additional closet for every 50 boys or fraction thereof above the number of 200; one urinal for every 20 boys up to the number of 200, and an additional urinal for every 30 boys above the number of 200;
(c) children - girls: one closes for every 20 girls or fraction thereof up to 200 girls; and additional closet for every 25 girls or fraction thereof up to the number of 300; and an additional closet for every 33 girls or fraction thereof above the number of 300.
General provisions - All classes of occupancy
174.-(1) Compartments or rooms containing water-closets or urinals shall not be used for any other purpose whatsoever:
Provided that -
(a) in building of Class I, II or IV occupancy such rooms or compartments may contain baths, showers or wash-hand basins;
(b) in any building of Class II occupancy, where a compartment or room containing a water-closet opens off a room normally occupied by not more than 2 persons and is intended solely for the use of such persons, such room or compartment may contain a wash-hand basin, bath or shower.
(2) In every building wash-hand basin with water laid thereto shall be provided in convenient association with all closets or groups of closets; and the number and position of such wash-hand basin shall be such that, in the opinion of the local authority, the needs and convenience of all occupants or users of such building will be adequately served.
(3) Closets constructed in a group shall be separated from one another by means of partitions extending to a height of not less than 6 feet, and shall be provided with doors having provision for fastening on the inside.
(4) All water-closets and urinals shall be conveniently situated, and where separate closets are provided for the sexes they shall be suitably separated and properly designated.
(5) Where two or more closets or groups of closets provided for different sexes or in respect of adjacent buildings adjoin, they shall be separated by a dividing wall constructed of concrete or other approved material not less than 4 inches thick, extending from the ground to the roof and projecting not less than 3 feet from the side from which the closets are entered, so as in the opinion of the building surveyor to effect complete separation.
Construction of water-closets
175.-(1) Every water-closet compartment shall have a floor area of not less than 15 square feet, a width of not less than 2 feet 8 inches, and a height measured from floor to wall-plate or ceiling level of not less than 7 feet; and every such closet shall be provided with a hinged door with suitable means of fastening on the inside.
(2) The floor of every water-closet compartment -
(a) if of timber construction shall be provided with a lead safe or covered with other approved impervious material;
(b) if of concrete shall be not less than 3 inches in thickness and graded to a suitable outlet.
(3) In every water-closet compartment approved provision shall be made for lighting and permanent ventilation, and every such closet shall conform to the requirements of Part 9.
(4) Where any water-closet is constructed inside a building at least one of the walls of such closet compartment shall be an external wall of the building, or a wall fronting a light area or a ventilating shaft, or a pipe duct.
Construction of urinals
176.-(1) Every urinal shall be constructed of glazed earthenware or stoneware or other approved glazed impervious material; and no concrete urinal shall be permitted.
(2) Every urinal shall have running water laid thereto and shall be provided with approved means of flushing; and where required by the local authority such flushing shall be either continuous or automatic.
(3) Every urinal shall be provided with means for drainage and the disposal of the effluent to the satisfaction of the local authority.
Septic tanks
177.-(1) A septic tank shall not be constructed or altered without the written permission of the local authority.
(2) Every septic tank shall be constructed in accordance with the model plan approved and issued by the Ministry of Health and Social Welfare, and shall be designed in conformity with the requirements of these Regulations.
(3) The owner or occupier of any premises on which it is proposed to construct a septic tank shall, before commencing the work, apply in writing to the local authority for permission so to do; and such application shall be accompanied by -
(a) complete plans and specifications of the proposed septic tank:
Provided that where the model plan is adopted and is in the opinion of the local authority suitable to the circumstances such model plan shall be accepted by the local authority in lieu of the plans and specifications herein required;
(b) a block plan as required by paragraph (2) of regulation 169;
(c) a statement of the number of persons residing or likely to reside on the premises; and
(d) a statement of the way in which it is proposed to dispose of the effluent liquid from such septic tank,
The information, drawings and specifications herein required shall be furnished in duplicate; one copy of the same shall be retained by the local authority; and no person shall construct any septic tank which does not conform in every respect with the plans and specifications approved by the local authority.
(4) Except with the written permission of the local authority no septic tank shall be constructed within 20 feet of a habitable room; and a septic tank shall not be constructed at any distance less than 6 feet from any side or rear boundary of the property on which it is situated.
(5) A septic tank shall not be constructed or used on any premises 3 months after service of notice by the local authority upon the owner or his authorised agent requiring him to connect such premises with a sewerage system.
(6) If any septic tank becomes in the opinion of the local authority or its authorised officer a nuisance or a danger to health, the local authority may by notice in writing direct the owner of the premises to replace or repair it or carry out any work necessary to correct such nuisance or danger; and the occupier of the premises shall forthwith cease from using the septic tank until such time as its further use (if any) shall be approved by the local authority.
(7) Septic tanks shall be cleaned out when required by the local authority, and failure to do so shall be an offence against these Regulations.
Construction of septic tanks
178.-(1) Every septic tank shall be constructed of cement concrete not poorer than 4 : 2 : 1 mix; the thickness of walls and top shall be not less than 4 inches, and the thickness of the bottom not less than 6 inches; and top, walls and bottom shall be reinforced with mild steel bars not less than ⅜ inch in diameter spaced at not more than 9 inch centres in both directions. (Amended by Regulations 26 January 1960.)
(2) Where the domestic waste water is treated separately the volume of a septic tank shall be computed by allowing not less than 200 gallons for a tank serving 8 persons or part thereof, and an additional 10 gallons for each person in excess of 8 served by such tank. Where the local authority requires domestic waste water and sewage to be treated in the same tank, the volume shall be computed by allowing not less than 400 gallons for a tank serving 8 persons or part thereof and an additional 50 gallons for each person in excess of 8 served by such tank.
(3) Aseptic tank shall be divided into 2 compartments by a screen or baffle wall situated approximately two-thirds of the length of the tank from the inlet end; and such wall shall finish 4 inches below the top of the tank over not less than one third of its length. The compartments shall be connected by 2 openings not less than 8 inches wide and 6 inches high placed so that the invert of the openings is at a level corresponding to half the depth of the liquid in the tank.
(4) An inspection opening shall be provided in the top over each compartment, and shall be sealed with an air-tight slab or plate of adequate strength and finished at or above ground level; and such slab or plate shall not be covered with earth.
(5) The inlet to a septic tank shall be through a "Y" or square junction, and no "Buchan" or other trap shall be used. Such junction fitting shall be so placed that the socket end is not less than 2 inches below the top or cover of the tank and the spigot end is situated at about half the depth of the liquid in the tank and not more than 12 inches below the seal. The socket end of the inlet fitting shall be left unsealed for use as a cleaning eye.
(6)The outlet from a septic tank shall be through a square junction fitting, and in a minimum sized tank the invert of the outlet fitting shall be 2 feet 6 inches above the bottom of the tank.
(7) Where septic tank effluent can be disposed of by means of a field drainage system, such system shall be constructed as follows. The drains shall be formed with open-jointed agricultural drain pipes laid centrally in a 12 inch deep gravel surround. The minimum depth of the trench shall be 18 inches and the minimum width shall be 18 inches. The joints between pipes shall be protected by strips of tarried paper to prevent entry of soil into the system. No individual drain shall be longer than 75 feet, and where greater length is required this shall be achieved by laying a main distributor at right angles to the contours and laying branch distributors at a grade of 1 in 200 along the contours at lateral intervals of 10 feet.
(8) Where the local authority considers that the soil is unsuitable for disposing of septic tank effluent by means of a field drainage system, or that there is insufficient land available for the construction of a field system, or that the use of a field drainage system would constitute a nuisance or a danger to public health, then the septic tank effluent shall be treated in a properly designed and properly constructed percolating filter in accordance with a model plan approved by the Board. Filter effluent shall not be discharged directly into any watercourse in which there is inadequate diluting flow during dry weather, but shall be allowed to soak away by means of a properly constructed irrigation system or leaching cesspool or cesspools.
Treatment of domestic waste water
179. Domestic waste water shall not be allowed to flow directly into an open watercourse without settlement and filtration or treatment on land.
Position of detached privies
180.-(1) The position of every detached external privy shall be subject to the approval of the local authority; and the local authority, having regard to considerations of privacy and decency and to the amenities of the locality, may require the alterations of any proposed position or the removal of any existing privy.
(2) Every pan, pit or bore-hole privy constructed appurtenant to any building shall be distant -
(a) not less than 75 feet from the front or street alignment of the land upon which such building is situated, and not less than 12 feet from any other street or public way;
(b) not less than 6 feet from the boundary of any adjoining allotment of land;
(c) not less than 20 feet from any dwelling and not less than 25 feet from any dwelling not in the same occupation whether on the same or on adjoining land; and
(d) not less than 60 feet from any well from which water may be drawn for domestic purposes.
(3) Every privy building shall as far as possible be screened from public view.
Construction of privy buildings
181.-(1) Every privy building shall be substantially constructed of suitable and approved materials, and shall have a floor area of not less than 15 square feet; and every such privy building shall be enclosed on all sides and shall be provided with a door properly hung and fastened.
(2) Every privy building shall be provided with light and ventilation to the satisfaction of the local authority.
(3) Except where provided with a cement slab, the floor of every privy building shall be paved or covered with impervious material laid with adequate fall to an approved drainage outlet.
Pan privies
182. Every pan privy shall be provided with a movable box, no larger than is necessary to enclose the pan, and so constructed that it may readily be lifted off the pan when the pan requires emptying or replacement. The box shall be provided with a seat, not more than 16 inches in height above the floor, having a suitable opening situated directly above the pan and fitted with a hinged lid; and such lid shall be kept closed when the privy is not in use. Two sides of the box shall be provided with openings for ventilation purposes, situated near the top and covered with perforated zinc or other approved fly-proof material.
Pit and bore-hole privies
183.-(1) Every pit privy shall be provided with a fly-proof casing and a seat with hinged lid so arranged as effectually to seal the pit against the entry of insects.
(2) Every bore-hole privy shall be constructed with a concrete slab having a tightly fitted plug or a concrete pedestal fitted with a fly-proof hinged lid, and such slab shall effectually seal the bore-hole against the entry of insects.
(3) Every pit and bore-hole shall be protected against the entry of surface water and shall have approved provision to prevent over-flow to the satisfaction of the local authority or its authorised officer.
Dilapidated or indecent privies
184. Where in the opinion of the local authority or its authorised officer it is necessary in the interest of health or decency what any existing privy should be repaired, reconstructed or removed, the local authority may, by notice in writing, signed by its authorised officer, and served upon the owner of the premises on which such privy is situated, require him within such reasonable time as the local authority or its authorised officer may determine, to effect the repairs, reconstruction or removal set out in such notice.
Sanitary accommodation for workmen
185.-(1) Every contractor for the construction of any building or other works shall provide sanitary accommodation on the site of such works for the use of workmen; and the number of privies so provided shall be not less than one-twentieth of the maximum number of men simultaneously employed thereon.
(2) Every such privy not connected to a public sewerage system or to a septic tank shall be placed at the rear of the site and at least 10 feet from any boundary and 25 feet from any buildings, unless otherwise permitted owing to special circumstances; and approved provisions shall be made for pan service or for other means of maintaining the privy or privies in a sanitary condition to the satisfaction of the local authority or its authorised officer:
Provided that in such temporary privies an impervious floor shall not be required.
PART 21 - DRAINAGE
Division 1 - General Provisions
General
186.-(1) Every drain appurtenant to any building, other than a drain construction solely for the conveyance of surface water or for the drainage of the subsoil of the site -
(a) shall be constructed of materials equivalent to those of the appropriate British Standard current at the time of construction, and in the case of salt-glazed stoneware pipes shall be as British Standard pipes;
(b) shall be constructed in conformity with the plan required by sub-paragraph (d) of paragraph (2) of regulation 17:
Provided that no such drain shall be constructed or commenced until such plan has been approved and signed by the local authority.
(2) All drainage work shall be carried out in a thorough and workman-like manner to the satisfaction of the local authority.
Maintenance of drains
187. The owner or occupier of any building shall at all times maintain all drains appurtenant to such building in clean and efficient working order, free from silt, weeds, rooks, refuse and other obstructions, to the satisfaction of the local authority or its authorised officer.
Division 2 - Drains for the Conveyance of Soil Wastes or Sewage
Materials
188. Every drain for the conveyance of soil wastes or sewage shall be constructed of sound pipes and fittings of concrete or vitrified salt-glazed stone-ware, or of cast iron coated inside and out with an approved anticorrosive compound. (Amended by Regulations 5 August 1960.)
Size and fall of drains
189.-(1) Every such drain shall have an internal diameter of not less than 4 inches.
(2) Unless otherwise approved by the local authority every such drain shall be laid to a uniform fall of not less than 1 in 40 for 4-inch pipes, and not less than 1 in 60 for 6-inch pipes:
Provided that where the contour of the land necessitates falls substantially in excess of those herein prescribed, the local authority may direct that drop leads be introduced where necessary.
Jointing of pipes
190.-(1) Joints of pipes shall be socketed, filled and caulked as follows:-
(a) for concrete or stoneware pipes, gaskets or rope yarn, and joints of Portland cement mortar composed of 1 part of cement to 2 parts of clean sharp sand, caulked full and splayed;
(b) for cast iron pipes, gaskets of rope yarn and joints caulked full with lead.
(2) Where any lead pipe is connected to a concrete or stoneware or cast iron pipe, a standard cast brass ferrule or socket shall be soldered and wiped to the end of such lead pipe, and the joint between the ferrule and the concrete or stoneware or cast iron pipe shall be made as provided in paragraph (1).
(3) Where any cast iron pipe is joined to a concrete or stoneware pipe a special cast iron fitting shall be used.
(4) Interiors of all pipes shall be thoroughly cleaned out after jointing and all surplus mortar and other obstructions shall be removed.
(Amended by Regulations 5 August 1960.)
Laying of drains
191.-(1) Every drain constructed of salt-glazed stoneware pipes and having a cover of less than 2 feet, and every such drain laid in heading or under any building, shall be entirely surrounded with good cement concrete approximately square in section and not less than 6 inches in thickness outside the barrel of the pipes.
(2) Every such concrete or salt-glazed stoneware drain situated within 20 feet of a permanent building or situated under a road reserve shall be laid on a concrete bed 12 inches wider than the barrel of the pipes and not less than 6 inches thick and haunched; and such haunching shall extend the full width of the bedding and up to the level of the horizontal diameter of the pipes, and shall be splayed to meet the barrel of the pipes as nearly tangentially as practicable.
(3) Every such concrete or salt-glazed stoneware drain situated more than 20 feet but less than 50 feet from a permanent building shall be laid on a concrete bed as prescribed in paragraph (2).
(4) Where any such concrete or salt-glazed stoneware drain is situated more than 50 feet from a permanent building and has more than 2 feet of cover, such drain may be laid without concrete protection:
Provided that the foregoing requirements shall be deemed to be minimum requirements and shall be increased where the local authority considers the subsoil to be unfavourable.
(5) Every drain constructed of cast iron pipes laid above ground shall be properly supported on concrete piers not less than 12 inches thick and not less than 12 inches wider than the pipe barrel. The pipe shall rest in a semicircular seating and shall be isolated from the pier by 1 inch thickness of lead. There shall be at least one pier to each pipe, and the pipes shall be supported immediately behind the sockets. In normal ground no concrete bedding or protection need be provided for such cast iron pipes laid below ground;
Provided that where protection or support is required in special circumstances or in bad ground then the concrete protection of support shall be as prescribed in paragraphs (1), (2) and (3).
(Amended by Regulations 5 August 1960.)
Testing of drains
192.-(1) The person to whom a building permit is issued or his authorised agent carrying out drainage work shall give to the building surveyor not less than 24 hours' notice when the said work is ready for inspection, and all such work shall be left uncovered and all W.C. and other fittings disconnected, and the drains left convenient for inspection; all such drains shall be left uncovered until they have been inspected, tested, and passed by the building surveyor.
(2) The building surveyor shall conduct or cause to be conducted water tests supplemented where necessary by smoke tests to ascertain the soundness of the drain. The water test shall be carried out before the pipes are haunched or surrounded with concrete and before any backfilling is carried out. The smoke test alone shall not be considered adequate.
Drains laid under buildings
193.-(1) Where it is practicable to lay drains otherwise they shall not be laid under any building.
(2) Every drain constructed to pass under a building -
(a) shall have not less than 12 inches of cover between the top of such drain and the surface of the ground under such building:
Provided that the local authority may require that any such drain be totally enclosed with cement concrete not less than 6 inches in thickness.
(b) shall be provided with approved means of access at each end of that portion which is laid under such building; and
(c) shall be laid in a straight line between such means of access, or if that is not practicable, shall be laid in a series of straight lines and provided with an inspection chamber at each change of direction.
Drains passing under walls
194. Where any drain passes under any wall of a building constructed of concrete or of concrete block or other masonry such drain shall pass through an opening affording ample clearance for protection against damage by settlement or otherwise; and such opening shall if required by the building survey be provided with a concrete lintel or head.
Drains near foundations of buildings
195. Where any drain passes within 3 feet of the foundations of a building constructed of concrete or of concrete block or other masonry the building surveyor may require that the concrete bed of the pipes in such section of the drain be carried up solid to the level of the foundation footings.
Trapping of inlets to drains
196. Every inlet to every drain not being an inlet required by these Regulations for the purposes of the ventilation of such drain shall be properly trapped.
Intercepting or boundary traps
197.-(1) Every drain from a single-storey building connected to a sewerage system shall be provided with a suitable intercepting or boundary trap placed as near as may be practicable to the point at which such drain enters such sewerage system. In buildings of 2 or more storeys the intercepting traps may be omitted.
(2) Every such intercepting or boundary trap shall be provided with an approved means of access for cleansing purposes by means of a manhole or an inspection chamber.
Inspection chambers
198.-(1) Inspection chambers shall be provided at all points where a drain changes direction, and every such drain shall be laid in straight lines between such inspection chambers:
Provided that -
(a) where any drain is laid not more that 30 inches below the surface of the ground the local authority may permit the use of inspection pipes at approved points in place of such inspection chambers;
(b) an inspection pipe shall be placed within 3 feet of the discharge and of every trap situated more than 3 feet from an inspection chamber.
(2) The walls of all inspection chambers shall be constructed on concrete or other approved impervious material.
(3) The internal dimensions of any inspection chamber not more than 3 feet deep shall be not less than 30 inches in length and 18 inches in width; and where the depth of the chamber exceeds 3 feet the internal dimensions shall be increased to provide convenient access for the use of rods and other implements for clearing and cleaning.
(4) Every inspection chamber shall be provided with an approved iron cover or concrete slab properly bedded in cement mortar or other suitable material.
Junction of drains
199. Where any line of drain joins another line of drain the junction between them shall be made obliquely at an angle of not more than 45 degrees with the direction to flow:
Provided that where such junction is made in an inspection chamber it shall be made through a channel bend of radius not less than 5 diameters and properly benched.
Soil pipes
200.-(1) Every soil shall comply with the following requirements:-
(a) the pipe shall be carried up outside the building vertically to such a height and in such a manner as shall effectually prevent any escape of foul air from such pipe into any building in the vicinity thereof, and in no case to a height less than 10 feet;
(b) the open end of such pipe shall be above the eaves or parapet of any wall to which such pipe may be fixed, and not less than 3 feet above the top of any window with 20 feet measured in a straight line from such open end;
(c) the open end shall be furnished with a wire or other suitable guard covering constructed and fitted so as to permit the free passage of air;
(d) no bend or angle shall be formed in any soil pipe except where expressly permitted by the local authority;
(e) every soil pipe shall be contracted of cast iron pipes of the quality and weight prescribed in regulation 188 and jointed as required by regulation 190 and shall be throughout its total length of uniform internal diameter not less than 3½ inches;
(f) inspection openings shall be provided opposite to every point of intake and at the bottom end of the soil pipe;
(g) no trap shall be placed between a soil; pipe and the drain with which it is connected, and a soil pipe shall be unobstructed with traps or other fittings throughout its entire length.
(2) the building surveyor shall inspect or cause to be inspected every soil pipe, and in the course of such inspection may at his discretion apply to such soil pipe either or both of the tests prescribed in paragraph (2) of regulation 192:
Provided that where a soil pipe exceeds one storey or 10 feet in height the water test shall not be applied to more than one such storey or section of 10 feet at any one time.
Ventilation of drains
201.-(1) Every trapped drain shall be provided with a fresh air inlet vent at the lower or discharge end, and a terminal educt vent at its highest point or as near as may be practicable to its highest point. With untrapped drains the inlet vent shall be omitted.
(2) Every fresh air inlet vent shall be located as near as may be practicable to the point of discharge.
(3) Every such fresh air inlet shall be not less than 12 square inches in area and shall be provided with a suitable valve, grating or other protection.
(4) Every terminal educt vent shall be constructed as a ventilating shaft carried up above the eaves or parapet of the wall to which it may be attached to a height of not less than 3 feet above the top of any window situated within 20 feet of its open end, and shall be furnished with a suitable guard at such open end constructed so as to permit the free passage of air.
(5) Every terminal educt vent shall be constructed of cast iron pipes of approved weight and quality or of galvanized iron screwed pipes of not less than 3 inches internal diameter.
Inlets to drains
202. In any building every inlet to any drain, except such inlet as may be necessary from a water-closet or other apparatus receiving within such building any solid or liquid filth, shall be made outside the building.
Waste pipes
203.-(1) Every waste pipe from any bath, handbasin, kitchen sink or similar fitting shall be properly trapped if such waste pipe is over 6 feet in length, and every such trap shall be placed as near as may be practicable to the fitting to which such waste pipe is attached:
Provided that Palazzi floor gullies may be used to provide a common trap for waste pipes of grouped or adjacent fittings and not over 6 feet in length.
(2) Except as otherwise provided in paragraph (1) every such waste pipe shall be taken through an external wall at a point as near as may be practicable to the fitting to which such waste pipe is attached; and every such waste pipe shall discharge into an approved trapped gully.
(3) Every waste pipe and trap shall be constructed of lead, brass, galvanized screwed pipe, or other equally suitable material.
(4) Waste pipes and traps fitted to sinks shall have an internal diameter of not less than 1½ inches; and waste pipes and traps fitted to baths, handbasins and similar fittings shall have an internal diameter of not less than 1¼ inches.
(5) Every waste pipe ox trap shall be provided with sufficient means of inspection and cleansing, and with anti-syphonage pipes where necessary, to the satisfaction of the local authority.
Cistern overflows
204. Every cistern supplied with water shall have an overflow pipe discharging in a position where it will not cause damage or nuisance but where it will act as a warning pipe.
Overflows on fittings
205. Where in the opinion of the local authority overflow of sinks, baths or other fittings would cause nuisance, such fittings shall have suitable overflows fitted below the inlet and below the top water level of the fitting.
PART 22 - SPECIAL CLASS REQUIREMENTS
Division 1 - General
Changes in class of occupancy
206.-(1) No building or portion of a building which has been constructed or approved for Class V, VI, or VIII occupancy shall be used for human habitation - unless it complies with the requirements of these Regulations in respect of buildings of Class I, II, III or IV occupancy as the case may be.
(2) No change of class of occupancy shall be made without the written permission of the local authority applied for and obtained; and the owner or lessee of any building in which unauthorised change in class of occupancy is made shall be guilty of an offence.
Division 2 - Class I, II and IV Occupancy: Houses, Flats, and Dwellings Attached to Other Classes of Buildings
Basements and cellars
207. No basement or cellar shall be constructed, adapted or used as a dwelling house or flat:
Provided that where any basement conforms or may be made to conform to the requirements of these Regulations respecting lighting, ventilation, drainage, sanitation and any other relevant provisions for dwelling houses or flats, such basement may, with the approval of the local authority be so constructed, adapted or used.
Kitchens
208.-(1) Every dwelling house and flat shall be provided with a room or annexe to be used as a kitchen and having at least one wall of such room or annexe an external wall.
(2) Every such kitchen shall be provided with -
(a) a ventilated recess for installing a suitable appliance for the cooking of food, or a fireplace constructed in accordance with the provisions of Part 15:
Provided that where an electric stove is installed a ventilated recess or a fireplace shall not be required.
(b) Where a piped water supply is available, a sink fitted in position and with water laid thereto, and a waste-pipe discharging into an approved impervious drain.
(3) In a flat containing not more than one bedroom the kitchen may be constructed, as an annexe to a habitable room:
Provided that the opening between such room and annexe shall be not less than 4 feet wide and 7 feet high and without doors.
Bathrooms
209.-(1) Every dwelling house and flat shall be provided with a completely enclosed bathroom having a floor area of not less than 30 square feet, in which shall be provided a bath of approved type, or a shower compartment provided with a shower:
Provided that where a shower is installed and no bath, a wash-hand basin or other suitable means for washing the hands shall be provided.
(2) The floor of every such bathroom shall be of concrete, or of timber covered with lead or other approved impervious material, and graded to an approved outlet.
(3) The walls of every such bathroom to a height of 3 feet 6 inches above the floor level shall be constructed of concrete finished with a smooth surface, or shall be covered internally with an approved impervious material.
Laundry accommodation
210.-(1) In every building of Class I and IV occupancy there shall be provided appurtenant thereto and for the sole use of the occupants thereof a laundry suitably equipped, or other approved means of washing clothes.
(2) In every building containing flats -
(a) there shall be provided appurtenant thereto at least one laundry equipment with washtubs and copper boiler or other suitable means of washing clothes for every 6 flats or part thereof contained in such building; or
(b) there shall be provided sufficient approved laundry and drying accommodation for the exclusive use of each family resident in such building for at least one full week-day in each week.
(3) The floor of every laundry shall be of concrete, or of timber covered with an approved impervious material, properly graded and drained.
(4) In buildings of Class I and IV occupancy laundry accommodation may be provided in the bathroom:
Provided that the floor area of such combined laundry and bathroom shall be not less than 56 square feet.
(5) A laundry shall not be combined in one room with a kitchen.
Privacy
211. In every flat containing more than one bedroom, the bedrooms shall be separately accessible, and a bathroom and water-closet shall be accessible to all occupants of such flat without passing through a bedroom.
Garbage disposal
212.-(1) The owner of every building containing flats shall provide within each flat or conveniently accessible from each flat means satisfactory to the local authority -
(a) for the destruction of garbage; or
(b) for the conveyance of garbage to a common receptacle; or
(c) separate and approved receptacles for each flat for the purpose of holding garbage until it is removed.
(2) Approved provision shall be made for every such receptacle, either in the open air or in a closed-off closet or other space so situated and arranged that such garbage shall be free from offence; and approved provisions shall be made for removing such garbage, if practicable, without its having to be carried through the front or main entrance of the building.
Garage accommodation
213. For every building containing flats, there shall be provided garage accommodation or suitable and sufficient open space in which motor vehicles used by occupants may be parked off the public way, on the scale of not less than one garage for every 4 flats or part thereof.
Fire protection of garages
214. Where a garage is built under any part of a building of Class I, II or III occupancy and the walls or ceiling of such garage are constructed of wood such walls or ceiling shall be lined with asbestos-cement sheeting or other approved fire resisting material.
Division 3 - Class III Occupancy: Residential Buildings
Common kitchens and dining rooms
215. In every building of Class III occupancy where a common kitchen or a common dining room is provided or proposed to be provided for the use of occupants, the provision for such kitchen or dining room shall be to the satisfaction of the local authority.
Bathrooms
216.-(1) Every building of Class III occupancy constructed to accommodate not more than 8 persons shall be provided with a bathroom equipped with a plunge bath, a shower and a wash-hand basin, with water laid thereto.
(2) Every building of Class III occupancy constructed to accommodate more than 8 persons shall be provided with one bathroom for each sex for every 6 bedrooms or part thereof contained in such building; and every such bathroom shall be equipped as prescribed in paragraph (1):
Provided that where more than 2 bathrooms are required to be provided for any one sex, up to one half of such required number may, subject to the approval of the local authority, be shower compartments only.
Wash-hand basins
217. In every building of Class III occupancy, wash-hand basins or other approved means of performing personal ablutions shall be provided; and where wash-hand basins are not provided in all bedrooms, the number of such wash-hand basins shall be not less than the number of bathrooms required by the last preceding regulation.
Grouped bathrooms, etc.
218.-(1) Where grouped bathrooms are provided, each such group shall be confined to use by persons of one sex only.
(2) The total floor area of a grouped bathroom shall be not less than the total area calculated by allowing 15 square feet for each shower compartment, 30 square feet for each bath, 6 square feet for each wash-hand basin, and an adequate area for access to the same.
Walls and floors of bathrooms, showers and lavatories
219. In every building of Class III occupancy -
(a) The walls of all bathrooms and lavatories to a height o£ not less than 4 feet 6 inches, and the walls of all shower compartments to a height of 6 feet, shall be constructed of -
(i) concrete not less than 4 inches in thickness and finished to a smooth surface or covered with approved impervious material; or
(ii) timber framing covered internally with an approved impervious material.
(b) The floors of all bathrooms, lavatories and shower compartments shall be constructed of concrete rendered to a smooth non-slip surface, or of timber covered with lead or other approved impervious and durable material; and every such floor shall be graded to a suitable outlet.
Division 4 - Classes V and VI Occupancy: Commercial and Industrial Buildings
Separation of differed classes of occupancy within a building
220. In every building constructed in part as a dwelling (Class I, II or IV occupancy) or as residential premises (Class III occupancy), and in part as a shop or commercial or industrial premises (Class V or VI occupancy), where the total floor area of the part used for business or industrial purposes exceeds 1,500 square feet, such parts shall be separated by a fire-resisting wall or floor.
Limitation of floor area
221.-(1) No building or portion of a building of Class V or VI occupancy shall extend to more than 35,000 square feet of total floor area, whether on one or more floors, unless divided by fire-resisting walls or floors in such a manner that the total floor area within any division shall not exceed 35,000 square feet: Provided that -
(a) where a sprinkler system is installed the limit of undivided floor space shall be 55,000 square feet;
(b) the local authority may consent to a larger area in buildings of not more than one storey where circumstances require an undivided floor area.
(2) Openings through such division walls or floors shall be of fire-resisting construction.
(3) Every such division wall shall be carried up to the under side of the roof covering.
Openings within 20 feet of openings in adjacent buildings
222.-(1) In every building of Class V, VI or VII occupancy, every opening in an external wall or any portion of such opening which is within 20 feet of any opening in another building or of any roof of other than fire-resisting construction or of any wooden building or wooden portion of a building shall be fitted with steel frames glazed with wired plate glass or with fire shutters of approved type.
(2) Wherever possible such openings shall be staggered in relation to openings in adjacent buildings.
Fire protection of roofs
223. In any building of Class V, VI or VII occupancy which is constructed in a built-up area or in a commercial or industrial zone any roof constructed of other than fire-resisting materials and situated within 20 feet of any other building not in the same occupancy shall be protected by a fire-resisting parapet of height not less than one-third of the vertical height of the roof measured from base of roof to highest point, but in no case less than 3 feet:
Provided that where a roof is of unusually large span and height the local authority may permit a parapet of less height than one-third of the height of the roof, but in no case less than 3 feet.
Fire-resisting floors
224. In every building of Class V occupancy constructed so as to be more than 2 storeys in height not less than every alternate floor above the ground floor shall be of fire-resisting construction.
Buildings to be ceiled
225. Every building of Class V occupancy shall be ceiled unless special exemption shall have been granted by the local authority.
Residential accommodation over shops, etc.
226. Where, in any building of Class V occupancy, an upper storey is set back as required by regulation 47 for a residential storey, and occupies a lesser area than the storey below, the roof of such tower storey shall be flat and constructed of reinforced concrete and shall be available as yard space for the occupants of the residential storey; and the said flat roof shall be protected on all open sides by a parapet or railing not less than 3 feet in height:
Provided that where adequate yard space is conveniently available elsewhere for the use of such occupants of an upper storey, such flat roof shall not be required.
Dwellings, etc., built over shops selling foodstuffs
227. No dwelling of Class IV occupancy not any building or portion of a building of Class III occupancy shall be constructed over or attached to any shop or other building of Class V occupancy where food is prepared, sold or distributed for human consumption unless such shop or other building is completely separated from such residential premises by a concrete floor or wall unless separate access to such residential premises is provided.
Shop-fronts
228.-(1) Mouldings of shop-fronts shall not project beyond the street alignment except at a height of more than 9 feet above the pavement.
(2) Mirrors and show-cases fixed against walls, piers or pilasters shall not project more than 2 inches beyond the street alignment.
(3) Stall-boards under shop-fronts shall be constructed of concrete or other approved fire-resisting material.
(4) No shop-front abutting upon an exit from a stairway required to be fire-isolated shall be returned along any passageway or lobby forming part of such exit.
Division 5 - Class VII Occupancy: Public Buildings
Places of assembly
229.-(1) Every building constructed, adapted or used as a public hall, theatre, cinema or other place of assembly shall be provided with means of egress in accordance with the requirements of Part 19.
(2) In every such building a clear passage or gangway not less than 3 feet in width shall be reserved and kept clear during any performance or assembly round or contiguous to every part appropriated to the audience; and the stage (if any) shall have a separate exit.
(3) Provision for ventilation and artificial lighting of every such building together with its corridors, passage-ways, stairways, exits and lavatories shall be to the satisfaction of the local authority.
(4) In every such building fire-extinguishing apparatus shall be provided and maintained to the satisfaction of an officer of the Fire Service appointed for the purpose by the local authority.
Hospitals and nursing homes
230.-(1) A hospital or nursing home of timber construction shall not exceed one storey in height.
(2) Every hospital or nursing home of 2 storeys or more in height shall be of fire-resisting construction.
Division 6 - All Classes of Occupancy
Habitable rooms to be ceiled
231.-(1) In any building every habitable room shall be ceiled, and every such ceiling shall be of wood, plaster or plaster-sheets, wall board, or other material of satisfactory heat-insulation value.
(2) Any such ceiling may be horizontal and fixed to ceiling joists or floor joists, or fixed to rafters, roof purlins or collar-ties.
Overcrowding
232. In any building constructed, adapted or used for human habitation no room wholly or partly used as a sleeping apartment shall be occupied at any one time by a greater number of persons than will allow 40 square feet of unobstructed floor space and 320 cubic feet of air space for each person exceeding 10 years of age, and 30 square feet of unobstructed floor space and 240 cubic feet of air space for each person under 10 years of age; and any room occupied by a greater number of persons than herein prescribed shall be deemed to be overcrowded. Any person occupying an overcrowded room or permitting such occupation shall be guilty of an offence.
PART 23 - FENCES, BOUNDARY WALLS AND RETAINING WALLS IN TOWNS AND SETTLED AREAS
Plans and specifications required
233. No fence, wall or retaining wall situated on a street alignment or within 20 feet of any street alignment shall be constructed, added to, or reconstructed except in accordance with a specification approved by the building surveyor as prescribed in regulations 15, 16 and 17, and on payment of the prescribed fee.
Maintenance of fences, etc.
234. Every fence, boundary wall, retaining wall, hedge or other live fence, whether constructed or planted before or after the commencement of these Regulations, shall be maintained in good order and condition to the satisfaction of the local authority.
Fences
235.-(1) No fence shall be constructed without the prior permission of the local authority. Fences shall be of materials which in the opinion of the building surveyor are suitable for the purpose. Every fence shall be painted within 6 months from completion. Structural units of any particular fence shall be of uniform size and height to the reasonable satisfaction of the building surveyor.
(2) Barbed wire shall not be fixed to any street boundary fence except at a height of not less than 6 feet above the ground.
(3) The local authority may by written notice to the owner of any existing fence which does not comply with the requirements of this regulation, require the owner thereof within a reasonable time to be stated in such notice to alter or reconstruct such fence so that it does comply with such requirements or to remove the fence.
(4) Where in the opinion of the local authority an unfenced or inadequately fenced frontage or portion of frontage of any allotment constitutes a source of danger to the public, the local authority may by written notice to the owner of such allotment require the said owner to construct within a reasonable time to be specified in such notice an approved type of fence sufficient in the opinion of the local authority to remove the aforesaid source of danger to the public.
Fences, etc., at corners or intersections
236.-(1) On any allotment of land situated at any corner or intersection of streets used for vehicular traffic every fence, wall or retaining wall situated within a distance of 20 feet from the point of intersection of the street alignments shall be constructed so as to be not more than 3 feet in height above the level of the footpath or street.
(2) For the purposes of this regulation "point of intersection of street alignments" means the point at which the lateral boundaries of such streets meet, or in the case of a truncated or rounded corner the point at which such lateral boundary lines would meet if prolonged or produced.
Retaining walls
237.-(1) Every person who shall construct a retaining wall or any like structure situated within 10 feet of any street, private street, way or public place, or along or within 6 feet of any boundary, or in any position where its collapse would endanger any building on the same or an adjoining allotment of land, shall construct such wall or other structure in sound masonry or reinforced concrete, or in other approved durable material except timber.
(2) No such retaining wall or other structure shall be constructed, added to or reconstructed unless the building surveyor shall have approved the method of design and the mode of construction, and a permit for the work shall have been issued by the local authority.
PART 24 - OUTBUILDINGS
Written permit required
238.-(1) No person shall construct an outbuilding appurtenant to any existing building unless he shall have obtained a written permit from the local authority authorising such construction as prescribed in Part 3.
(2) Every outbuilding proposed to be constructed appurtenant to a proposed building shall be fully and clearly described as to site, method of construction and purpose or proposed use, in the plans and specifications accompanying the application for a permit to construct such building:
Provided that notwithstanding anything to the contrary contained in Part 3 the building surveyor may at his discretion dispense with any of the information required by regulation 17 in respect of an outbuilding to be used solely for the purpose of a fuel shed, tool house, cycle shed and the like.
Outbuildings to be used as servants quarters, etc.
239. Every outbuilding used or intended to be used for human habitation shall conform with the requirements of these Regulations respecting size and height of rooms, lighting and ventilation, and the provision of sanitary and ablution facilities.
Disposal of stormwater from outbuildings
240. Notwithstanding anything contained in regulation 85, in the case of an outbuilding not used or intended to be used for human habitation and not exceeding 100 square feet in roof area the provision of roof drainage shall not be required.
Outbuildings likely to create nuisance or fire risk
241. Where application is made to the local authority for permission to construct any outbuilding to be used for any purpose from which in the opinion of the building surveyor any unpleasant noise or odour or any unusual risk of fire may reasonably be expected to arise, the local authority having regard to the amenities of the locality may refuse to grant a permit for its construction, or if a permit is granted, may determine the position in which such outbuilding may be constructed.
Outbuildings for the keeping of domestic animals
242. Any outbuilding not being an aviary which is used or intended to be used for the keeping of domestic animals shall be wholly detached from a dwelling house.
Poultry houses
243.-(1) Every poultry house shall be constructed to comply with the requirements of any by-laws or regulations in force in the area in which such poultry house is situated.
(2) No poultry house, yard or run shall be situated within 30 feet of any building used for human habitation.
(3) Except where any by-laws or regulations in force in the area permit other methods of construction, a poultry house shall have an impermeable floor and proper drainage and wired-in run or shall be a fowl house in which is employed the deep litter method or a fowl house in which is employed the battery method:
Provided that this paragraph shall only apply to urban areas.
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SCHEDULE
(Regulations 13 and 16)
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FORM 1
PUBLIC HEALTH (BUILDING) REGULATIONS
APPLICATION FOR PERMISSION TO BUILD
APPLICATION FOR APPROVAL OF PLAN AND SPECIFICATIONS HEREBY SUBMITTED IN RESPECT OF THE BUILDING HEREUNDER DESCRIBED
Name of Owner ............................................................... Address ........................................
Name of Builder ..............................................................Address..........................................
Location of proposed building:
Street: ...................................................................................... Sec................ Lot..................
Certificate of Title/Crown Lease No. .....................................................................................
House, Shop
Class of Building ........................................................................................
other Building
To be built of............................................................................................................................
Number and particulars of rooms and offices ........................................................................
..............................................................................................................
Is the building intended to be used for private or commercial purposes?................................
Value of proposed works $ ......................................................................................................
State here whether the materials to be used are new or second-hand .....................................
Building Fee.................. Rec. No............................... Date ........................................
A complete block plan showing size of allotment and proportion of same to be occupied by proposed building is shown on the back of this Application Form.
I declare that to the best of my knowledge and belief the foregoing particulars are correct in every detail, and that if this application is approved the building will be erected in strict conformity with the plan and specification submitted and in accordance with the Regulations and requirements of the focal authority.
.............................................
Signature of Applicant
Date .................................................
This form must be filled in strictly in accordance with the requirements thereof.
_________________________________________________________________________
FOR OFFICE USE ONLY
FEES PAYABLE
A permit fee as set out hereunder shall cover cost of examination of plans, elevations, sections and specifications and inspection of work during erection and up to the time of completion. The fee shall be paid before the permit is issued and shall be calculated as follows:-
For all works including repairs and alterations -
| $ | c |
If value of work is not more than $30 ............................................ | 0 | 50 |
If value of such work is more than $30 and is not more than $50 ............ | 1 | 00 |
If such value is more than $50 and is not more than $200 ..................... | 1 | 50 |
If such value is more than $200 and is not more than $400 ................... | 2 | 00 |
If such value is more than $400 and is not more than $600 ................... | 3 | 00 |
If such value is more than $600 and is not more than $800 ................... | 4 | 00 |
If such value is more than $800 and is not more than $1,200 ................. | 5 | 00 |
If such value is more than $1,200 and is not more than $1,600 ............... | 6 | 00 |
If such value is more than $1,600 and is not more than $2,000 ............... | 7 | 00 |
If such value is more than $2,000 and is not more than $2,400 ............... | 8 | 00 |
If such value is more than $2,400 and is not more than $3,000 ............... | 9 | 00 |
If such value is more than $3,000 and is not more than $4,000 ............... | 11 | 00 |
If such value is more than $4,000 and is not more than $6,000 ............... | 13 | 00 |
If such value is more than $6,000 and is not more than $8,000 ............... | 17 | 00 |
If such value is more than $8,000 and is not more than $10,000 ............. | 20 | 00 |
If such value is more than $10,000 and is not more than $15,000 ............ | 22 | 00 |
If such value is more than $15,000 and is not more than $20,000 ............ | 26 | 00 |
If the value exceeds $20,000, the fee payable shall be $26 for the first $20,000 plus $1 for every $2,000 or part thereof in excess
of $20,000. | ||
For the re-issue of a lapsed permit the fee payable shall be 50c. | ||
For the preliminary examination of plans and specifications of any building the fee payable shall be $2.10. |
EXTRACT OF SPECIFICATION
Of size and dimensions of material proposed to be used in the construction of a....................for.......................................................................................................
In...................................Street.
MATERIALS New or Second-Hand | Every person who shall erect a building shall provide that – (a) the areas of the floors of all habitable rooms in such building shall be not less than 84 square feet per habitable room; (b) a habitable room shall not in any case have a cubic space of less that 672 cubic feet; (c) the area of a kitchen floor shall be not less than 50 square feet. All floor joists to be at least 4 x 2 inches, and not less than 12 inches clear of the ground. All rafters to be at least 4 x 2 inches spaced at not more than 3 feet centres for iron. All studs and ceiling joists to be at least 4 x 2 inches spaced at not more than.......feet centres. All bottom plates and bearers shall be at least 4 x 3 inches hardwood. Top plates shall be at least 4 x 3 inches. Corner Studs shall be at least 4 x 4 inches. Roof purlins shall be at least 3 x 2 inches, spaced at 3 feet centres. Wall and roof braces shall be at least 6 x 1 inches. Spouting and downpipes to be provided to convey all roof water to a street gutter. All waste water from baths, tubs, and sinks to be taken to a sewerage system or approved discharge. REMARKS |
(If second-hand material is to be used, the material must be inspected by the building surveyor, and a special fee paid for such inspection.) | |
Plates ......... Ground........Top............. | |
Floor Joists....................................... | |
Floor.............................................. | |
Bearers........................................... | |
Studs.............................................. | |
Rails............................................... | |
Ceiling Joists.................................... | |
Rafters............................................ | |
Collar Ties........................................ | |
Struts............................................. | |
Purlins............................................ | |
Valleys and Ridges............................. | |
Braces............................................ | |
Fascia............................................. | |
Barge Boards.................................... | |
Foundations..................................... | |
Dampcourse..................................... | |
Outside Walls................................... | |
Partitions........................................ | |
Ceilings.......................................... | |
Doors............................................. | |
Windows........................................ | |
Ventilation...................................... | |
Mouldings....................................... | |
Roof covered with............................. | |
Ridge............................................. | |
Gutter............................................ | |
Downpipes...................................... | |
Drainage........................................ | |
| |
Verandahs (if wood floor) | |
| |
Joists............................................. | |
Bearers.......................................... | |
Floor............................................. | |
Posts............................................. | |
Plates............................................. | |
Roof.............................................. | |
Piers or Walls................................... |
BLOCK PLAN
Showing ground plan of building and position thereof and proposed drainage scheme.
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Scale
The land measurements must be shown on block plan as well as dimensions of buildings.
No........... B.R. No.............. CERTIFICATE OF COMPLETION Certificate issued to: ............................................ Owner of building: ............................................ Situated at ............................................ Building Reg. No..................... Date..................................... ........................................... ........................Local Authority | FIJI No...... FORM 2 Public Health (Building) Regulations CERTIFICATE OF COMPLETION AND PERMIT TO OCCUPY .............. AND OWNED BY.............. ..................................... HAS BEEN COMPLETED TO THE SATISFACTION OF THE .............................................. .............................. Local Authority. Building Register No........................... Date................... ........................................... ........................Local Authority |
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