CHAPTER 295 - PUBLIC HEALTH ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Public Health (Notifiable Infectious and Formidable Epidemic Disease) (Declaration) Order, 2003
Central Board of Health Regulations
Public Health (Infectious Diseases - Yellow Fever) Regulations
Control of Air and other Traffic Within or Entering Zambia from Certain Places Notice
Application of Section 74 of the Act
Public Health (Drainage and Latrine) Regulations
Public Health (Drainage and Latrine) Regulations - Application
Public Health (Tea Rooms, Restaurants, Boarding-Houses and Hotels) Regulations
Public Health (Tea Rooms, Restaurants, Boarding-Houses and Hotels) Regulations - Application
Public Health (Building) Regulations
Public Health (Building) Regulations - Application
Public Health (Control of Habitation in Factories, Workshops and Trade Premises) Regulations
Public Health (Abattoir And Transport of Meat) Regulations
Public Health (Abattoir And Transport of Meat) Regulations - Application
Public Health (Livingstone Abattoir) (Slaughter of Western Province Cattle) Regulations
Public Health (Meat, Abattoir and Butcheries) Regulations
Public Health (Meat, Abattoir and Butcheries) Regulations - Application
Public Health (Crematoria and Cremation) Regulations
Prohibition of Growing of Certain Crops (Pemba Township) Order
Public Health (Notifiable Infectious And Formidable Epidemic Disease)(Declaration) Notice
Public Health (Infected Areas) (Cholera) Regulations
Public Health (Notifiable Infectious Disease) (Declaration) Notice
Public Health (Infected Areas) (Coronavirus Disease 2019) Regulations
PUBLIC HEALTH (NOTIFIABLE INFECTIOUS AND FORMIDABLE EPIDEMIC DISEASE) (DECLARATION) ORDER, 2003
[Sections 9 and 29]
SI 82 of 2003.
SCHEDULE
Severe Acute Respiratory Syndrome (SARS)
CENTRAL BOARD OF HEALTH REGULATIONS
[Section 3]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangements of Regulations
Regulation
7. Decision of questions by a majority
8. Minutes of proceedings to be kept
9. Allowances payable to members
Act
GN 27 of 1931,
GN 128 of 1939,
GN 7 of 1950,
GN 178 of 1954,
GN 291 of 1964,
GN 497 of 1964.
[Regulations by the President]
These Regulations may be cited as the Central Board of Health Regulations.
[As amended by Act No. 128 of 1939]
In these Regulations, unless the context otherwise requires-
"chairman" means the chairman of the Board;
"member" means a member of the Board;
"secretary" means the secretary of the Board.
The functions of the Board shall be to advise the Minister on all matters affecting the public health.
[As amended by Act 291 of 1964.]
The Board shall meet for the despatch of business as often as may be necessary, but not less than once in every six months.
[Am by Act 7 of 1950.]
The chairman may at any time call a meeting of the Board and shall, on the request in writing of not less than four members, call a special meeting of the Board to be held within fourteen days of the presentation of such request. Every meeting shall be convened by notice signed by the secretary and circulated by him among all the members.
No business except that of adjournment shall be transacted unless there shall be present at least three members, of whom the Director of Medical Services shall be one.
[No. 128 of 1939 as amended by Acts No. 178 of 1954 and No. 51 of 1963]
7. Decision of questions by a majority
All questions brought forward for consideration by the Board shall be decided by a majority of votes, and the chairman shall have an original vote in common with other members, and also a casting vote if upon any question the votes shall be equal.
8. Minutes of proceedings to be kept
Minutes shall be regularly kept by the secretary of all the proceedings of the Board, and at each meeting the minutes of the last preceding meeting shall be confirmed or amended, as the case may require, and signed by the chairman or deputy chairman before proceeding to the despatch of any other business.
9. Allowances payable to members
An allowance in accordance with Government rates as laid down from time to time shall be payable to every member who is not a public officer for every day spent away from his place of business in the transaction of the business of the Board.
[Am by Act 51 of 1963.]
Any member appointed to the Board by the President may vacate his membership by notice in writing to the President.
[Section 9 (2)]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
GN 85 of 1944,
GN 96 of 1961.
The following are hereby declared to be notifiable diseases under the Act:
acute encephalomyelitis, acute polioencephalitis, acute bulbar polioencephalitis, acute bulbar paralysis, encephalitis lethargica and Landry's paralysis (or acute ascending paralysis).
It is hereby declared that-
(a) malaria shall be a notifiable disease under the Act;
(b) only the provisions of paragraphs (c), (d) and (e) of subsections (1) and of subsection (2) of section 10 and of sections 13 and 14 of the Act shall apply to such notifiable disease;
(c) the provisions of the Act, as regards the notification of malaria, shall be restricted to the City of Lusaka and the City of Ndola.
PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS
[Sections 12, 28, 103 and 114]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]
Arrangement of Regulations
Regulation
2. Responsibility for notification of infectious diseases
3. Responsibility of chief or headman
5. Private practitioner's certificate
6. Penalty for failure to give notice
9. Returns by Registrars of Births and Deaths
10. Returns to Director of Medical
11. Powers for the control of infectious disease
13. Duty of police and Local Authority
15. Medical inspection of travellers
17. Persons resident in infected areas
18. Conditions precedent to departure from an infected area
21. Removal of property from infected premises
24. Police to assist Medical Officer of Health
25. Assistance by police and Local Authority
26. Duty to notify mortality among rodents
27. Chiefs and headmen to report
29. Control of public meetings, etc.
30. Destruction of rats and mice
34. Instructions by Medical Officer of Health to be obeyed
36. Disinfection of bodies of dead rats
37. Disposal of refuse and sewage
38. Erection of temporary dwellings by rural councils
39. Disease in animals communicable to man
40. Notification of infectious disease in amimals
43. Malaria and mosquito prevention
45. Power of Local Authority to carry out remedial measures
48. Hotesl, etc., to supply mosquito nets
51. Inspection of vaccine, etc.
52. Importation of cultures without permission prohibited
53. Use of cultures without permission prohibited
54. Precautions to be observed in keeping cultures
55. Powers of Director of Medical Services and other officers
57. Cleansing of verminous persons
58. Importation and disinfection of used clothing
59. Exclusion from school on account of infectious disease
60. Application of regulation 59 to day nurseries
Act 51 of 1963,
Act
GN 143 of 1931,
GN 198 of 1933,
GN 12 of 1937,
GN 281 of 1941,
GN 229 of 1943,
GN 198 of 1948,
GN 179 of 1951,
GN 176 of 1954,
GN 59 of 1957,
GN 178 of 1957,
GN 291 of 1964,
GN 497 of 1964,
GN 500 of 1964,
GN 135 of 1961,
GN 262 of 1961,
SI 154 of 1968.
[Regulations by the Minister]
These Regulations may be cited as the Public Health (Infectious Disease) Regulations.
2. Responsibility for notification of infectious diseases
Every owner or occupier of land, manager of a mine and employer of labour, on becoming aware that any person residing on his premises or in his employ is suffering from any notifiable infectious disease, shall immediately give notice thereof to a Medical Officer of Health or, in a district for which no such officer has been appointed, to the Local Authority.
3. Responsibility of chief or headman
The chief or headman of any village shall forthwith, on becoming aware or having reason to suspect that any person residing in that village is suffering from any notifiable infectious disease, give notice thereof to a Medical Officer of Health or, in a district for which no such officer has been appointed, to the Local Authority.
(1) Every person in charge of a school, orphanage or other similar institution shall immediately report to a Medical Officer of Health or, in a district for which no such officer has been appointed, to the Local Authority the occurrence in such institution of any case of any notifiable infectious disease or of German measles, infective parotitis or mumps, venereal disease, acute conjunctivitis, acute or granular ophthalmia or any disease of the skin or scalp which appears to be infectious or communicable.
(2) Such reports shall be in writing and shall state, as regards each case, the name, age, sex, nationality and home address of the patient, the nature of the disease, the date of the onset of illness, and any available information as to the probable place and source of infection.
5. Private practitioner's certificate
Every medical practitioner attending on or called in to visit any patient shall forthwith, on becoming aware or having reason to suspect that the patient is suffering from any notifiable infectious disease, send to a Medical Officer of Health or, in a district for which no such officer has been appointed, to the Local Authority a certificate in Form 1 in the First Schedule, or in such other form as may from time to time be substituted thereof by the Director of Medical Services, stating the name of the patient, the situation of the building and the disease from which, in the opinion of such medical practitioner, the patient is suffering.
[Am by Acts 176 of 1954 and 51 of 1963.]
6. Penalty for failure to give notice
Every person required by these Regulations to give notice or to give a certificate who fails to give the same shall be liable on conviction to a fine not exceeding one hundred and twenty penalty units.
[Am by Act 13 of 1994.]
Every Medical Officer of Health and, where no such officer has been appointed, every Local Authority shall keep a register of the notifications of cases of notifiable infectious disease received, and showing, in respect of each case, the name, age, sex, nationality and address of the patient, the nature of the disease, the date of the onset of illness, where employed or what school attended, probable place and source of infection, name of the medical practitioner notifying and action taken by the responsible authority.
Every register under the last preceding regulation shall be available for inspection by the Director or Deputy Director of Medical Services or any officer authorised thereto by them.
[Am by Acts 176 of 1954 and 51 of 1963.]
9. Returns by Registrars of Births and Deaths
Every Registrar of Births and Deaths shall-
(a) furnish forthwith to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority particulars of every death from notifiable infectious disease registered with him;
(b) furnish on every Monday to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority particulars of every birth and death registered with him during the week ending the previous Saturday.
10. Returns to Director of Medical Services
Every Medical Officer of Health or, where no such officer has been appointed, the Local Authority shall transmit to the Director of Medical Services on Monday of each week a return in Form 2 in the First Schedule of the notifiable diseases occurring in his or its district for the preceding week, and shall at the same time forward any information he or it may possess as to the outbreak or prevalence of any infectious disease in such district. Where no notifiable infectious diseases have occurred, a "nil" return shall be similarly transmitted.
[Am by Acts 179 of 1951;176 of 1954 and 51 of 1963.]
11. Powers for the control of infectious disease
When any case of infectious or suspected infectious disease is notified to a Medical Officer of Health, he may immediately visit and inspect, or appoint some fit and proper person to visit and inspect, the individual alleged to be suffering from the infectious disease, and if, as a result of such visit and inspection, the Medical Officer of Health has reason to believe that such individual may be suffering from an infectious disease, he may order such individual and all individuals who have been in contact with the case to remain on the premises where the case was at the time of infection, or he may cause them to be removed to an Infectious Disease Hospital, or other suitable place provided for the reception of cases suffering from infectious disease or for the segregation of contacts.
[Am by GN 262 of 1961.]
A Medical Officer of Health or any Health Inspector or other person acting on the written instructions of a Medical Officer of Health may enter any premises to search for any case of infectious disease, or to inquire whether there is or has been on such premises any case of infectious disease. If a Health Inspector or other person as aforesaid shall find any case or suspected case of infectious disease, he shall report the same to the Medical Officer of Health.
13. Duty of police and Local Authority
The officer in charge of the police in any place and every Local Authority shall afford every assistance to a Medical Officer of Health in effecting the isolation of infected cases, suspects or contacts.
(1) Whenever an infectious disease shall have broken out in any place and it is deemed necessary for preventing the spread of or eradicating such infectious disease, the Minister may, by statutory notice, declare such place or any portion thereof to be an infected area, and may in like manner order the evacuation of the whole or any part of such infected area.
(2) It shall not be lawful for any person to reside or carry on business within any infected area or portion thereof which is comprised in an order for evacuation, or to enter or be therein, except when passing along a thoroughfare allowed to remain open to the public, without an order in writing to that effect signed by a Medical Officer of Health and upon such conditions as such Medical Officer of Health may in such order direct.
[Am by Act 291 of 1964.]
15. Medical inspection of travellers
(1) Every person travelling by land, water or air from a declared infected area may, if it be considered necessary by a Medical Officer of Health, be subjected to medical inspection or examination by him or by anyone authorised in writing by him prior to being permitted to proceed on his journey.
(2) A person who refuses to submit to medical examination shall not leave the infected area.
(3) Any persons discovered with suspicious symptoms shall be detained and dealt with as a Medical Officer of Health may direct.
The clothing and effects of any person proceeding from a declared infected area may be disinfected at the discretion of a Medical Officer of Health.
17. Persons resident in infected areas
All persons residing in a declared infected area shall undergo such medical inspection or examination as a Medical Officer of Health may direct. The Medical Officer of Health may place all or any persons in such area under observation in a place decided upon by him or under surveillance, as he may consider necessary.
18. Conditions precedent to departure from an infected area
(1) Every person permitted to leave a declared infected area under surveillance shall comply with the following conditions-
(a) he shall satisfy a Medical Officer of Health as to his name, intended destination and his place of residence thereat, and that such is conveniently situated for medical supervision;
(b) he shall present himself for medical supervision during the prescribed period; and he may be required by a Medical Officer of Health to deposit a sum not exceeding ten kwacha, which may be forfeited if he fails so to present himself.
(2) If the Medical Officer of Health be not satisfied as herein required or if the person fail to comply with paragraphs (a) and (b) of sub-regulation (1), the Medical Officer of Health shall detain him under observation or direct him to proceed to a specified place and there remain under observation during the prescribed period. In the latter case, the provisions of paragraph (b) of sub-regulation (1) may, at the discretion of the Medical Officer of Health, be applied to such person.
When any person from a declared infected area is placed under observation or surveillance, the period of observation or surveillance shall be as follows-
(a) when observation is resorted to, the period shall not exceed seven days in the case of plague and cholera, six days in the case of yellow fever or cerebro-spinal meningitis, and fourteen days in the case of smallpox;
(b) when surveillance is resorted to, the period shall be the same as that of observation; save in the case of plague, when it may be extended to a period not exceeding ten days.
In applying these measures, the period of observation or surveillance may extend from the date of removal from the infected area, but only if no subsequent case has occurred among those under observation or surveillance.
If any further case of the same disease occur, the period of observation may date from the day of the isolation of the last case;
(c) a Medical Officer of Health shall prescribe the periods of observation and surveillance in the event of any other infectious disease.
A Medical Officer of Health may close any premises whereon there has been a case or suspected case of infectious disease, until he considers the place fit for human occupation, and may also close, until he considers the same to be disinfected, any buildings, latrines, wells, dustbins, dumping grounds and any place which, by reason of the existence of infectious disease, he may deem it advisable to close.
21. Removal of property from infected premises
No person shall remove any property from any infected premises, or from any premises whereon a suspected case of infectious disease has occurred, without the written permission of a Medical Officer of Health.
The bodies of all persons who have died from an infectious disease shall be disposed of in conformity with the directions of a Medical Officer of Health.
All clothing, bedding and any other articles worn or taken by the persons ordered to evacuate an infected area shall be disinfected.
24. Police to assist Medical Officer of Health
The police shall furnish every assistance to a Medical Officer of Health in effecting the evacuation of any infected area and in the necessary measures pertaining thereto.
25. Assistance by police and Local Authority
On the occurrence of an infectious disease in any place, a Medical Officer of Health may call on the police or Local Authority or both to assist in the establishing of a cordon round such place for the purpose of preventing all or any persons entering or leaving such place.
26. Duty to notify mortality among rodents
Every person who becomes aware of any apparently unnatural mortality among rats or mice on any land or premises shall forthwith report the same to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority.
27. Chiefs and headmen to report
The chief or headman of a village shall forthwith, on becoming aware or having reason to suspect that any apparently unnatural mortality is occurring among the rats or mice in that village, give notice thereof to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority.
For the carrying into effect of the last two preceding regulations, a Local Authority or Administrative Officer shall, if required by a Medical Officer of Health, notify the chiefs, headmen and people residing in any town, village or district that it is their duty to report all cases of sickness or death among rats or mice and instruct them as to the officer to whom such report shall be made.
[Am by Act 500 of 1964.]
29. Control of public meetings, etc.
(1) When it may appear to a Medical Officer of Health that the holding of public meetings, funeral ceremonies or customs is likely to tend to the spread of any infectious disease, any police officer of or above the rank of Assistant Inspector or Local Authority shall, if requested by the Medical Officer of Health, prohibit such meetings, funeral ceremonies or customs.
(2) Any person who is present at or takes part in any meeting, ceremony or custom which has been prohibited shall be liable to a fine of one hundred and fifty penalty units
[Am by Acts 500 of 1964 and 13 of 1994.]
30. Destruction of rats and mice
It shall be the duty of every Local Authority to cause to be made, from time to time, inspection of its district with a view to ascertaining whether any lands or premises within such district are infested with rats or mice, and to enforce their destruction.
Any person who shall fail to take such steps or carry out such orders for the destruction of rats or mice on or in any land or premises as may from time to time be directed or given by a Local Authority or by a Medical Officer of Health shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three hundred penalty units.
[Am by Act 13 of 1994.]
32. Power of Local Authority or Medical Officer of Health to take measures for destruction of rats and mice
Where a Local Authority or Medical Officer of Health is of opinion that the owner or occupier of any land or premises in the district has failed to take such steps or carry out such orders as may be directed or given by any Local Authority or Medical Officer of Health, such Local Authority or Medical Officer of Health may either serve a notice on the owner or occupier requiring him to take such steps or execute such works as are prescribed in the notice within a time specified therein, or, after not less than twenty-four hour's previous notice to the owner or occupier, enter upon the land or premises and take such steps as are necessary and reasonably practicable for the purpose of destroying the rats and mice on the land or premises or of preventing the land or premises from becoming infested with rats and mice, and may recover any reasonable expenses so incurred from the owner or occupier as a civil debt.
A Medical Officer of Health, Health Inspector or any person duly authorised in writing by the Local Authority or a Medical Officer of Health may enter any land or premises for the purpose of ascertaining whether the steps required by regulation 32 are being taken, or of carrying out these Regulations in any other respect.
34. Instructions by Medical Officer of Health to be obeyed
When any infectious disease occurs, a Medical Officer of Health may prescribe any measures which he considers necessary to ensure the destruction of rats, mice and other kinds of vermin and of mosquitoes, their larvae and pupae, fleas, bugs or any other such parasites, and all persons shall obey any instruction given by a Medical Officer of Health in this behalf.
(1) To prevent the spread of plague, the owner or occupier of any premises shall, if required by a Medical Officer of Health, render all roofs, partitions, floors and plinths of houses rat-proof.
(2) No foodstuffs attractive to rats shall be kept in inhabited premises unless such foodstuffs are effectively protected against rats and mice to the satisfaction of a Medical Officer of Health.
36. Disinfection of bodies of dead rats
On the occurrence of plague in any locality, all rats and mice caught or killed or found dead on any premises in the vicinity of that locality shall, as soon as possible, be placed by the owner or occupier in a strong solution of disinfectant, and the bodies of such rats or mice shall be subsequently removed and disposed of to the satisfaction of a Medical Officer of Health.
37. Disposal of refuse and sewage
When an infectious disease occurs in any place, the occupiers of premises in such place shall comply with any directions given by a Medical Officer of Health with regard to the disposal of refuse and sewage.
38. Erection of temporary dwellings by rural councils
On the occurrence of an outbreak of infectious disease, a Local Authority may, if requested by a Medical Officer of Health, require any rural council within its district to make an order for the erection of temporary dwellings, mortuaries and similar buildings, as he may deem necessary.
39. Disease in animals communicable to man
(1) When an animal is suffering from a contagious or infectious disease which can be transmitted to human beings, or a carcass, whether the animal has died or been slaughtered, has been found on examination to be infected with such disease, the place occupied by such animal or carcass shall be forthwith disinfected by and at the expense of the owner or occupier of such place, to the satisfaction of the Medical Officer of Health or a Veterinary Officer.
(2) The owner of the infected animal, the owner of the place which was occupied by such animal or carcass, and the person, if any, who slaughtered the animal shall inform a Veterinary Officer on becoming aware of the presence of such disease.
40. Notification of infectious disease in animals
Any Veterinary Officer or private veterinary practitioner, on becoming aware of the occurrence of any infectious or contagious disease in animals which can spread from animals to human beings, shall forthwith notify a Medical Officer of Health and shall at the same time inform him of what action he is taking to prevent such spread.
(1) A Local Authority, upon production of a certificate signed by a Medical Officer of Health that any person has been bitten by any animal suffering from the disease of rabies and that such person is, in the opinion of such Medical Officer of Health, liable to develop the disease of rabies and that it is advisable that he may be subjected to treatment and/or observation, may make an order compelling such person to reside in any segregation hospital or any other place until discharged by the Medical Officer of Health in charge of that area, and such person shall be deemed to be suffering from such disease and be subject to all rules and regulations made in pursuance of the Act.
(2) The Local Authority shall, in making any order under the provisions of sub-regulation (1), forthwith report the same to the Director of Medical Services, who shall have power to vary or rescind the same.
[Am by Acts 176 of 1954 and 51 of 1963.]
(1) In this regulation, "carrier" means a person who, though not at the time presenting the clinical symptoms of an infectious disease, has been proved or is believed on reasonable grounds to be harbouring the infection of, and consequently liable to cause the spread of, such disease.
Inspection and treatment of carriers
(2) Any person believed or suspected on reasonable grounds by a Medical Officer of Health to be a carrier shall afford to such officer or any person authorised by him in writing every facility for obtaining specimens of blood, excreta, discharges or other material required for examination and investigation, and shall take any medicine prescribed by such officer for that purpose.
Removal to hospital of carriers
(3) Where it is certified by a Medical Officer of Health that any person is believed or suspected on reasonable grounds to be a carrier and that the necessary examinations and investigations cannot be properly carried out at such person's house or place of residence, an Administrative Officer may make an order requiring such person to proceed or be removed to a hospital or other suitable place for the purpose of examination and investigation and to remain or be detained therein for such reasonable period as may be required for that purpose.
Preventive measures
(4) Every carrier shall at all times observe and give effect to all reasonably practicable instructions given to him by a Medical Officer of Health in regard to the disposal of his excreta, and cleansing of articles used by him or other precautions for preventing the spread of infection.
Notification of change of residence of carrier
(5) Every carrier shall inform a Medical Officer of Health or, where no such officer has been appointed, the Local Authority of his intention to change his place of residence or work and of his intended new place of residence or work. Such information shall, when possible, be furnished not less than seven days before the change and, if his new place of residence or work is within the district of another Medical Officer of Health or Local Authority, the Medical Officer of Health or Local Authority of the district in which the carrier at the time resides shall inform that Medical Officer of Health or Local Authority of the facts of the case and the carrier's intention.
Powers of Administrative Officers to make orders as to carriers
(6) Where, on the certificate of a Medical Officer of Health, it appears to an Administrative Officer that a person is a carrier, the Administrative Officer, on the application of such Medical Officer of Health and after due inquiry, may, having regard to the nature of the infection and any material assistance which the Local Authority or the Government is prepared to give to mitigate hardship to the individual or his dependants, make, and may from time to time modify, alter, extend or rescind, an order or orders requiring such person-
(a) to proceed or be removed to and to remain or be detained for a period to be specified in such order in a hospital or other suitable place for the purpose of medical treatment;
(b) to attend regularly for medical treatment or examination at times and places specified in such order;
(c) to proceed to and remain in a specified locality or area under medical surveillance for a period specified in such order and (if considered necessary) to attend or report himself at times and places specified in such order;
(d) not to handle or otherwise come in contact with food or vessels or articles containing or used to contain, or which come in contact with, food intended for consumption by others, or to engage in any occupation entailing the handling or coming in contact with such food, vessels or articles;
(e) to comply with such other requirements specified in such order as the Administrative Officer, on the application of such Medical Officer of Health, may deem necessary for safeguarding the public health.
Duty of parent of carrier
(7) The parent or guardian or person in charge of a child who is, or is believed or suspected on reasonable grounds to be, a carrier shall assist in every possible manner in the carrying out of these Regulations or any order made thereunder in respect of such child.
Sympathetic enforcement of regulations
(8) It shall be the duty of all Medical Officers of Health and Administrative Officers to ensure that these Regulations are carried out sympathetically and without more hardship to any person than is necessary and unavoidable in the public interest.
Penalty
(9) Any person found guilty of a contravention of or failure to comply with this regulation or any order made thereunder, or of failure to assist in their enforcement, shall be liable to the penalties provided by the Act.
[Am by Acts 198 of 1933 and 500 of 1964.]
43. Malaria and mosquito prevention
When it appears from the certificate of a Medical officer of Health that the conditions on any land or premises favour the multiplication or prevalence of mosquitoes, and that the occurrence or spread of malaria or other disease is likely to be favoured thereby, a Local Authority may and, if called on to do so by the Director of Medical Services, shall give written notice to the owner or occupier thereof requiring him to remove or improve any such condition.
[Am by Acts 281 of 1941; 176 of 1954 and 51 of 1963.]
(1) Every notice under the last preceding regulation shall specify the land or premises concerned and the measures required to be carried out.
(2) Such notice may require the owner or occupier to clear bush or other vegetation, canalise streams, spruits or dambos, drain swamps and pools or low-lying areas, regularise or stem water furrows, repair or remove tanks or other water containers, and take measures for the destruction of mosquitoes and for preventing their multiplication to the satisfaction of a Medical Officer of Health, and may impose a time limit for the completion of the work or the carrying out of the measures therein specified.
[Am by Act 281 of 1941.]
45. Power of Local Authority to carry out remedial measures
If any owner or occupier refuses to carry out the measures specified in any notice under these Regulations, or fails to do so within the time limit imposed, a Local Authority may and, if so instructed by the Director of Medical Services, shall, by persons duly authorised thereto, carry out such measures. The costs incurred in so doing shall be recoverable by the Local Authority from the person upon whom the notice was served.
[Am by Acts 176 of 1954 and 51 of 1963.]
Any person who fails to carry out or comply with the terms of a notice served under regulation 44 shall be liable, on conviction, to the penalties provided by the Act.
(1) Any owner or occupier of any building provided with roof gutters shall so construct and maintain them as to be self-draining and capable of remaining dry between rainfalls.
(2) Where gutters are found not to be self-draining, a Medical Officer of Health may serve a notice upon the owner of the building calling on him to remove or repair or perforate such roof gutters within a specified time. Failure to comply with the terms of the notice shall render the owner liable to a penalty of one hundred and fifty penalty units in addition to a further penalty of thirty penalty units for each day the nuisance continues.
[Am by Acts 281 of 1941 and 13 of 1994.]
48. Hotels, etc., to supply mosquito nets
The landlord of any hotel, boarding-house, lodging-house and any building where persons are accommodated for payment shall provide and keep in good order and repair and in a state of cleanliness a mosquito net for each bed in each room used for sleeping purposes.
No person shall permit any manure or garbage on his premises or land, so as to be a nuisance or dangerous to health by affording facilities for breeding by flies or other insects, and the owner or occupier of any premises or land omitting to remove or remedy the nuisance, when duly notified of its existence, shall, at the expiration of such period as may be prescribed in writing by a Medical Officer of Health, be guilty of an offence.
No person shall expose for sale any food to be eaten in the state in which it is sold, except with due care for the prevention of flies or other vermin having access to it.
51. Inspection of vaccine, etc.
(1) Any Medical Officer of Health, or other officer specially authorised thereto by the Director of Medical Services, may inspect, take samples of and examine or may require the furnishing for examination of samples of any vaccine, vaccine lymph, serum or similar substance imported into or manufactured in Zambia and intended or used for the prevention or treatment of human disease.
Power to prohibit importation of harmful vaccines
(2) The Director of Medical Services may, by statutory notice, or by order on the person concerned pending the publication of such notice, prohibit the importation, manufacture, sale or use of any such vaccine, vaccine lymph, serum or similar substance which is considered to be unsafe or to be liable to be harmful or deleterious.
Particulars required to be stated on vaccine containers
(3) In order to enable the proper carrying out of these Regulations, it shall not be lawful for any person to import, manufacture, sell or use any such vaccine, vaccine lymph, serum or similar substance unless the bottle, package or container bears or has affixed to it a label stating the name and address of the manufacturer and either the date of manufacture or the date after which the substance is not recommended for use.
[Am by Acts 176 of 1954 and 51 of 1963.]
52. Importation of cultures without permission prohibited
No person shall import, convey or transmit into Zambia any culture or preparation of any pathogenic micro-organism or other material capable of causing disease in man without first obtaining the written permission of the Director of Medical Services therefor. Such permission may be general or special and shall be subject to such conditions or requirements as may be specified therein.
[Am by Acts 176 of 1954 and 51 of 1963.]
53. Use of cultures without permission prohibited
No person shall keep, transmit or use any culture or preparation of any pathogenic micro-organism or other material capable of causing any disease without first obtaining the written permission of the Director of Medical Services therefor. Such permission may be general or special and shall be subject to such conditions or requirements as may be specified therein. This regulation shall not apply to diagnostic examination by medical practitioners or approved veterinary surgeons, or to the transmission from places within Zambia of specimens or material for such examination.
[Am by Act 51 of 1963.]
54. Precautions to be observed in keeping cultures
Every person transmitting, keeping or using any culture or preparation of any pathogenic micro-organism or other material capable of causing disease in man shall be responsible for the taking at all times of effective measures to ensure the proper and safe keeping, transmission or use of such material and to prevent or guard against any accidental contamination with or dissemination of the infection.
55. Powers of Director of Medical Services and other officers
Any Medical Officer of Health, or other officer specially authorised thereto by the Director of Medical Services, may at any time make any inspection or examination in order to ascertain whether the requirements of these Regulations or the conditions of any permit issued thereunder are being properly complied with. Where it appears to the said Director that any person has not properly complied with any such requirement or condition, the said Director may make an order prohibiting such person from importing, conveying, transmitting, keeping or using any culture or preparation of any pathogenic micro-organism or other material capable of causing disease in man, and for the seizure or destruction by a Government Medical Officer of any such culture, preparation or material in the possession or custody of such person.
[Am by Acts 176 of 1954 and 51 of 1963.]
56. Director of Veterinary Services may authorise importation of vaccines, etc., for veterinary purposes
Nothing in regulations 51 to 55 inclusive shall prevent the Director of Veterinary Services from giving permission for the importation, manufacture, sale or distribution of sera, vaccines, lymph or similar substances or for the importation, conveyance or transmission of any pathogenic micro-organisms or other material, whether for diagnostic, experimental, prophylactic or other use, for veterinary purposes only.
57. Cleansing of verminous persons
Where a cleansing station is provided within the district of a Local Authority or within a reasonable distance therefrom, any person within that district certified by a Medical Officer of Health, School Medical Inspector or other medical practitioner or by a Health Inspector to be dirty or verminous may, on the order of a Medical Officer of Health, be removed, together with his clothing and bedding, to such cleansing station and be cleansed therein.
*58. Importation and disinfection of used clothing
(1) Every consignment (exclusive of the personal effects of travellers) of bedding, blankets, body linen or other articles of clothing which have been in use, or any rags, or flock made of rags, or any used sacks, carpets, or canvas or any similar article which has been in use, which is brought into any place in Zambia shall be declared as second-hand by the importer to the Customs, and a certified statement submitted by him showing the place of origin and precise composition of the consignment.
*Note - This regulation has been suspended by G.N. No. 229 of 1943 in so far as it relates to seconds-hand clothing.
Certificate of disinfection
(2) Every such consignment or any portion thereof intended for sale or disposal in Zambia shall be accompanied by a sufficient certificate furnished by a recognised Public Authority at the port of shipment or place of origin of the package to the effect that the articles mentioned therein are clean and have been sufficiently disinfected to the satisfaction of such Authority, and stating in detail the method of disinfection and the apparatus used, together with a certificate or other satisfactory evidence that, since the issue of the certificate of disinfection, the package has not been opened nor its contents in any way added to or tampered with. Every such consignment, whether accompanied by the above-mentioned certificates or not, shall be detained by the Customs pending its inspection or examination or authorisation for importation by a Medical Officer of Health or by any person authorised by him to carry out such inspection or examination. For the purposes of carrying out such inspection or examination, the Medical Officer of Health or person authorised by him may open any such consignment or require the opening of such consignment by the consignee or owner thereof.
(3) For the purposes of this regulation, "sufficiently disinfected" means disinfected by steam under pressure in a suitable apparatus, or other process which can be relied upon to destroy any infection or any vermin. Fumigation with hydrocyanic acid gas shall not be accepted unless some reliable germicidal process has also been carried out.
Re-disinfection on importation
(4) Failing the production of satisfactory certificates as mentioned in sub-regulation (2), or if, despite the production of such certificates, the articles are found to be dirty or uncleansed, the whole of such consignment shall be disinfected to the satisfaction of the Medical Officer of Health and at the sole expense, risk and delay of the consignee.
*Note - This regulation has been suspended by G.N. No. 229 of 1943 in so far as it relates to second-hand clothing.
Destruction of consignment if disinfection impracticable
(5) Where a consignment or any part thereof is of such a nature that it cannot, in the opinion of a Medical Officer of Health, be satisfactorily disinfected, or where there are not available satisfactory means of disinfection, the Medical Officer of Health may destroy or order the destruction of the whole or any part of such consignment:
Provided that-
(i) the Medical Officer of Health shall not destroy or order the destruction of any part of the consignment where the goods to be destroyed are of a greater value than twenty kwacha without the previous sanction in writing of the Director of Medical Services;
(ii) where the destruction of goods to a greater value than twenty kwacha may be required, such destruction shall not be carried out if the owner or consignee shall undertake to re-export and shall so re-export the said goods within a period of four weeks from the date of the order for destruction.
Recognised Authorities
(6) The recognised Authority for granting the certificate of disinfection mentioned in sub-regulation (2) shall be-
(a) the Port Health or Sanitary Authority of any British port at which the consignment has been shipped; or
(b) the Local Health or Sanitary Authority for any area in the British Islands or British Colonies at which the goods have been packed; or
(c) the Port Health or Sanitary Authority, or the Municipality or other Local Health Authority, at any foreign port, or at any place abroad at which the goods have been packed if the certificate thereof has been verified and countersigned by a British Consul.
Charges for disinfection
(7) All charges for any disinfection carried out by the Government or any Local Authority under these Regulations shall be paid by the owner or consignee or his agent, who shall also be responsible for any transport, unpacking, repacking or rebaling which may be required with regard to articles to be disinfected, inspected or examined.
[Am by Acts 176 of 1954 and 51 of 1963.]
59. Exclusion from school on account of infectious disease
(1) In this regulation and in the Second Schedule-
"principal" , in relation to any school, means the person in charge of such school, and includes the person in charge of any department of a school where there is no person in charge of the whole school;
"pupil" means any person attending at a school for the purpose of receiving instruction thereat;
"scheduled disease" means any disease or condition mentioned in column 1 of the Second Schedule;
"school" means-
(a) any public or private establishment at which pupils receive secular instruction;
(b) any hostel or boarding-house kept for housing pupils at any such establishment; and
(c) any Sunday school.
(2) The provisions of the Second Schedule shall apply to all pupils attending any school and all teachers at any school.
(3) The principal of every school shall-
(a) immediately notify to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority every case which occurs in such school of notifiable infectious disease, venereal disease, acute ophthalmia, acute conjunctivitis, granular conjunctivitis, German measles, mumps, or any disease of skin or scalp which appears to be infectious;
(b) exclude from the school pupils or teachers suffering from, or who have been exposed to the infection of, any scheduled disease for the periods specified in, and in accordance with the provisions of, the Second Schedule;
(c) where a pupil who has been absent from school owing to his suffering from, or having been exposed to the infection of, a disease mentioned in paragraph (a) returns to school without a medical certificate of recovery and freedom from infection, satisfy himself by personal investigation that the pupil appears to be well and is clean in person and clothing or that, where the case has been treated by a medical practitioner, a medical certificate has been furnished in every such case;
(d) where there is any doubt as to whether a person is an immune contact or a susceptible contact as defined in the Second Schedule, regard and deal with such person as a susceptible contact.
(4) Where any pupil has developed any disease mentioned in the Second Schedule, the parent or guardian of such pupil shall-
(a) promptly, on such fact coming to his knowledge, notify the same to the principal of the school ordinarily attended by such pupil;
(b) where so required by the Second Schedule and until the measures or precautions therein specified have been carried out or complied with, discontinue the attendance at school of the sick pupil or other pupils who may have been exposed to infection (contacts) for the periods specified in, and in accordance with the provisions of, the Second Schedule;
(c) exercise due care to prevent such pupil from conveying the infection to others, either at home or elsewhere, and to keep children living in the same or any other house away from contact with the infected pupil;
(d) after the termination of every case of scarlet fever or scarlatina, diphtheria or membranous croup, smallpox or enteric fever, and where the Local Authority has not carried out disinfection of the infected premises, bedding and clothing, wash all washable articles, freely expose to sunlight and fresh air all other clothing or bedding and thoroughly scrub the floor of the room and all woodwork and furniture with soap and water and thereafter keep the doors and windows open for at least three hours.
(5) In the case of school boarding establishments-
(a) the person in charge of the establishment shall comply with the provisions of, and shall carry out the duties imposed on, parents or guardians of pupils by sub-regulation (4);
(b) where a pupil is found to be suffering from a disease mentioned in the Second Schedule, the provisions of the said Schedule in respect of "contacts" shall, subject to the discretion of a Medical Officer of Health, apply only to those pupils who have been occupying the same bedroom or dormitory as the patient.
(6) Where a case of notifiable infectious disease in a pupil is notified to a Local Authority or otherwise comes to the notice of a Medical Officer of Health, that officer shall immediately notify the facts to the principal of the school concerned, and such principal, if so requested by the Medical Officer of Health, shall furnish to him without delay a complete list of the pupils attending thereat together with their names and addresses.
(7) A Medical Officer of Health may, by written notice to the parent or guardian of a pupil and to the principal of the school concerned-
(a) reduce the period of exclusion from school of an infected pupil or of a contact, where he is satisfied, after bacteriological examination or the adoption of special measures, that this will not entail risk of spread of the disease;
(b) increase the period of exclusion, where he has reasonable grounds for believing, on bacteriological or other evidence, that any pupil or person is a "carrier" of the infection-in a virulent form- of diphtheria, scarlet fever, epidemic cerebro-spinal meningitis, acute anterior poliomyelitis or enteric fever, and capable of conveying such disease to others.
(8) Any person failing to comply with any provision or carry out any requirements of this regulation shall be liable on conviction to a fine not exceeding one hundred and fifty penalty units.
[Am by 178 of 1957 and Act 13 of 1994.]
60. Application of regulation 59 to day nurseries
(1) In this regulation-
"child" means a child who is received to be looked after for reward at a day nursery;
"day nursery" means a day nursery registered under the Day Nurseries Act;
"employee" means a person regularly engaged or employed at a day nursery in the care of a child.
(2) The provisions of regulation 59 and the Second Schedule shall apply mutatis mutandis to every child and every employee and for that purpose any reference therein to-
(a) a pupil, shall be construed as a reference to a child;
(b) a school, shall be construed as a reference to a day nursery;
(c) a teacher, shall be construed as a reference to an employee.
[Am by GN 135 of 1961.]
[Regulation 5]
PRESCRIBED FORMS
FORM 1
THE PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS
Certificate of Medical Practitioner
NOTIFICATION OF INFECTIOUS DISEASE
To the Local Authority of the District
I hereby notify you that in my opinion the undermentioned:
*is suffering from (a ....................................... *has died on....................................................from (a)
Full name ..................................................................
Age .................................... Sex ..................................... Nationality ...............................
Address (b) ..........................................................................................................................
Date of onset of illness ......................................................................................................
Where employed or what school attended .......................................................................
Probable place and source of infection ...............................................................................
Probable date of infection ..................................................................................................
What facilities (if any) for isolating patient at home ...........................................................
Whether notified in private or official capacity .....................................................................
Action recommended ....................................... Date ..................................... 20......
.............................................
Medical Practitioner
*Strike out words inapplicable.
(a) Insert name of disease.
(b) Give full address where patient sickened.
Note. - A separate form should be filled in for each case.
FORM 2
[Regulation 10]
THE PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS
No. .........................................................20....
REPORT OF NOTIFIABLE INFECTIOUS DISEASES
for the week ended.............................. 20.......
Place | Disease | No. of cases previously reported | No. of cases reported during week | Deaths during week | Total deaths |
................................................
Medical Officer
[Am by 179 of 1951]
[Regulations 59 and 60]
EXCLUSION FROM SCHOOL ON ACCOUNT OF INFECTIOUS DISEASE
In this Schedule-
"patient" means a person suffering from the infectious disease referred to in the context;
"contact" means a person who has been exposed to the infection of the disease referred to in the context, from having been in contact or associated with or living in the same house with a person suffering from the disease. In the case of a boarding-house or hostel or other large establishment, the Medical Officer of Health or, if there be no Medical Officer of Health, the practitioner in attendance shall decide whether all persons living therein are to be dealt with as contacts or, if not, what persons are to be exempted from restrictions;
"immune contact" means a contact who has previously had the disease and, although capable of "carrying" the infection to others, is presumably not liable to a second attack;
"susceptible contact" means a contact who has not previously had the disease and is consequently liable to contact it;
"removal from infection" means, as the case may be-
(a) removal of the patient from, and disinfection or thorough cleansing of, the infected dwelling, bedding, clothing and articles; or
(b) removal of the contact from the infected dwelling, with bathing of his body and disinfection or cleansing of his clothing; or
(c) where both patient and contact remain in the infected dwelling, the complete recovery of the patient and disinfection or thorough cleansing of the infected dwelling, bedding, clothing and articles, with bathing of the bodies of both patient and contact.
Disease | Patient may return to school | Contacts may return to school |
Scarlet fever or scarlatina | After complete recovery and no sore throat, no discharge from ears or nose, and no recently enlarged glands or sores. Minimum exclusion, ten days from onset. | Eight days after disinfection and removal from infection, except where patient and contacts remain in the same dwelling, in which case contacts may return to school at the same time as the last case in the dwelling. |
Diphtheria. | After complete recovery and no discharge from throat, eyes, ears or nose. Minimum exclusion, four weeks from onset | Immune contacts, after swabs of throat and nose are examined and reported negative for C. diphtheriae. Susceptible contacts, ten days after disinfection and removal from infec-tion, remain in the same dwelling, in which case contacts may return to school at the same time as the last case in the dwelling. |
Measles | Ten days after first appearance of rash. Where a case of measles has occurred in a class the Medical Officer of Health may, at his discretion, close the class on or about the ninth day after the sickening of the first child for a period of seven days,or may exclude susceptilble children in the class for a similar period. | Twenty-one days after last exposure to infection or at once if pupil , has previously suffered from measles. |
German measles (Rubella) | Seven days after first appearance of rash. Where a case of German measles has occurred in a class, the Medical Officer of may, at his discretion, close the class on or about the ninth day after the sickening of the first child for a period of seven days, or may exclude susceptible children from class for a similar period. | No exclusion, but fact of exposure to infection to be reported by parent or guardian to the principal. |
Whooping cough | Four weeks after comencement of spasmodic cough. | Immune contacts: at once if they are kept apart from patient. Susceptible contacts: three weeks after disinfection and removal from infection. |
Chickenpox | After complete disappearance of scabs. Minimum exclusion, fourteen days from onset. | As for German measles. |
Smallpox | After complete disappearance of scabs. Minimum exclusion, four weeks. | Contacts who have had smallpox or have been successfully vaccinated at least ten days and not more than two years previously: at once, after disinfection and removal from infection. Other contacts: sixteen days after dis-infection and removal from infection. |
Influenza; sore throat | After complete recovery. | No exclusion. |
Enteric or typhoid fever | Minimum exclusion, three weeks. | After complete recovery. Twenty-one days after last exposure to infection. |
Paratyphoid; dysentery but report | Minimum exclusion, three weeks. | After complete recovery. No exclusion, but report as for German measles. |
Typhus | After complete recovery. Minimum exclusion, four weeks. | Immune contacts: at once after disinfection, delousing and removal from infection. Susceptible contacts: fourteen days after disinfection and removal from infection. |
| NOTE-Contacts must be thoroughly clean and free from lice and nits. |
|
Mumps | Seven days after disappearance of swelling. | As for German measles. |
Tuberculosis of lungs; leprosy; syphilis | On production of a medical certificate of recovery and freedom from infection. | No exclusion. |
Tuberculosis, other forms | No exclusion, unless with discharging sores. | No exclusion |
Acute poliomyelitis | On production of a medical certificate of recovery and freedom from infection. Minimum exclusion, four weeks. | Twenty-one days after last exposure. |
Epidemic cerebrospinal meningitis | On production of a medical certificate of recovery and freedom from infection. Minimum exclusion, four weeks. | Fourteen days after last exposure. |
Erysipelas | After complete recovery. | As for German measles. |
Ophthalmia (acute inflammation of the eys or acute conjunctivitis | After complete recovery | As for German measles. with eyes no longer red or discharging. |
Trachoma (chronic granular eyelids). | On production of a medical certificate of recovery and freedom from infection. | As for German measles. |
Scabies or itch | After complete disappearance of rash, spots and itching. | As for German measles. |
Ringworm of scalp | After affected spots have become smooth and shiny and no broken off hairs (stumps of hairs) can be seen on careful examination, preferably with a lens. | As for German measles. |
Ringworm of body | After complete recovery and when no "rings" or spots with raised, rough edges can be seen. | As for German measles. |
Favus or yellow ringworm: measles. or white ringworm (witkop) of the scalp. | After complete recovery. | As for German measles. |
Contagious impetigo | After complete recovery. | As for German measles. |
Lice (pediculosis) | After complete cleansing and freeing of head, body and clothing from lice and nits. | As for German measles. |
Vulvo vaginitis | On production of a medical certificate of recovery and freedom from infection, following three negative swabs. | As for German measles. |
[Am by No. 178 of 1957 as No. 154 of 1968.]
PUBLIC HEALTH (INFECTIOUS DISEASES - YELLOW FEVER) REGULATIONS
[Sections 12, 28 and 114]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangements of Regulations
Regulation
4. Viscerotomy or autopsy to be performed in cases where death suspected from yellow fever
Act
GN 4 of 1944,
GN 168 of 1954.
[Regulations by the Minister]
These Regulations may be cited as the Public Health (Infectious Diseases - Yellow Fever) Regulations.
In these Regulations, "viscerotomy" means the puncturing of a corpse for the purpose of extracting a section of an organ for examination.
3. Specimen of blood to be sent to Yellow Fever Research Institute in cases of febrile disease without obvious diagnosis
(1) Whenever it shall come to the notice of a medical practitioner that a person is suffering from a febrile disease without obvious diagnosis, such medical practitioner (or, if the patient shall withhold his consent, a Medical Officer of Health) shall take a specimen of blood from the patient not later than the seventh day of the illness and post it by air mail to the Director of the Yellow Fever Research Institute, Entebbe, Uganda, together with a brief description of the symptoms of the case; the medical practitioner shall send a copy of this description to the Director of Medical Services. A second specimen of blood shall be similarly taken from the patient on the fourteenth day after the commencement of the illness and the medical practitioner shall post it to the Director of the Yellow Fever Research Institute, Entebbe, Uganda.
Viscerotomy or autopsy to be performed in case of death
(2) In the event of the patient dying, a viscerotomy or an autopsy shall be performed on the body by the medical practitioner or such other person as the Medical Officer of Health may authorise in writing.
Specimen of liver to be sent to Yellow Fever Research Institute
(3) The person who performed the viscerotomy or autopsy shall send a specimen of the liver, packed in a solution of 10 per centum formalin in physiological saline, by air mail to the Director of the Yellow Fever Research Institute, Entebbe, Uganda, together with a completed specimen form as set out in the Schedule. A copy of the completed specimen form shall be sent to the Director of Medical Services.
[As amended by Acts 168 of 1954 and 51 of 1963]
4. Viscerotomy or autopsy to be performed in cases where death suspected from yellow fever
(1) If it should come to the notice of a medical practitioner that a person has died of yellow fever, or of a condition resembling yellow fever, such practitioner shall perform a viscerotomy or an autopsy on the corpse and dispose of the specimen of the liver in the manner set out in sub-regulation (3) of regulation 3.
(2) A viscerotomy or an autopsy may be performed on any corpse if a Medical Officer of Health shall so require on the grounds that there is a reasonable suspicion that death was due to yellow fever, and such viscerotomy or autopsy may be performed by a Medical Officer of Health or by a Health Inspector or by any person authorised in writing by a Medical Officer of Health.
Where a person is suffering from a febrile disease in the circumstances described in sub-regulation (1) of regulation 3, or where a person has died in the circumstances described in regulation 3 or 4, no person shall obstruct in any way a Medical Officer of Health or a Health Inspector or a person authorised by a Medical Officer of Health in writing in obtaining any specimen of blood or performing any viscerotomy or autopsy.
[Regulation 3 (3)]
SPECIMEN FORM
VISCEROTOMY SPECIMEN FOR PATHOLOGICAL EXAMINATION
Specimen No. ..................................................
Name ...............................................................
Tribe ................................................................
Village ...............................................................
Chief .................................................................
Boma ................................................................
Age ..................................................................
Sex .................................................................
Locality where taken sick ..............................
Date taken sick ..............................................
Hour and date of death .......................................
Hour and date of puncture ....................................
Place where death occurred ...........................................
Name of sender .......................................................
Date of despatch ....................................................
Original to be sent to the Director of the Yellow Fever Research Institute, Entebbe, Uganda, with specimen; duplicate to be sent by post to the Director of Medical Services.
CONTROL OF AIR AND OTHER TRAFFIC WITHIN OR ENTERING ZAMBIA FROM CERTAIN PLACES NOTICE
[Sections 49 - 56]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Paragraphs
Paragraph
4. Aircraft, crew and passengers subject to inspection by sanitary authority
5. Pilot to furnish information to sanitary authority
6. Passengers to furnish information to sanitary authority
7. Powers of sanitary authority
9. Inoculation against yellow fever
Act
GN 73 of 1943,
GN 60 of 1944,
GN 207 of 1944,
GN 250 of 1944,
GN 60 of 1946,
GN 32 of 1947,
GN 158 of 1949,
GN 293 of 1950,
GN 28 of 1951,
GN 138 of 1951,
GN 159 of 1951,
GN 273 of 1953,
GN 179 of 1954,
GN 497 of 1964,
GN 500 of 1964,
SI 163 of 1965.
[Notice by the Minister]
This Notice may be cited as the Control of Air and other Traffic Within or Entering Zambia from Certain Places Notice.
In this Notice, unless the context otherwise requires-
(a) "sanitary authority" means the Director of Medical Services or any person authorised by him to perform the duties of sanitary authority;
(b) an aircraft shall be deemed to have been in contact with another aircraft if, prior to its arrival at any place in Zambia, it has been on an aerodrome while such other aircraft was on that aerodrome;
(c) "sanitary aerodrome" means the aerodrome situated at any place mentioned in the First Schedule;
(d) "recognised stopping place" means any one of the sanitary aerodromes mentioned in the Second Schedule;
(e) "scheduled place" means any country or part of a country within an endemic area as defined in the Third Schedule;
(f) "valid inoculation certificate" means a certificate which certifies-
(i) that the bearer has been inoculated against yellow fever for the first time more than ten days and less than six years previously; or
(ii) that he has been re-inoculated against yellow fever within the past six years; or
(iii) that he has recovered from an attack of yellow fever and that his blood contains immune bodies against yellow fever as provided by a test carried out by an institution regularly carrying out biological tests for yellow fever.
[As amended by Nos. 60 and 207 of 1944, 159 of 1951, 273 of 1953 and 179 of 1954]
This Notice shall apply-
(a) to every aircraft and to the passengers and crew thereof arriving at any place in Zambia from or having during any stage of its journey landed in any scheduled place;
(b) to every aircraft which arrives at any place in Zambia which has within six days of such arrival been in contact with another aircraft which has within six days of such contact been on the ground in any scheduled place;
(c) to every road vehicle or railway vehicle and every person arriving at any place in Zambia by road or rail from any scheduled place.
[As amended by Acts 207 of 1944 and 60 of 1946.]
4. Aircraft, crew and passengers subject to inspection by sanitary authority
(1) Every aircraft to which this Notice applies shall make its first landing in Zambia or its first landing at any place in Zambia after leaving the Zambezi District at a recognised stopping place and together with the crew and passengers shall be subject to inspection by the sanitary authority.
(2) No member of the crew and no passenger of any such aircraft shall have access to the public or leave the aerodrome until authorised by the sanitary authority.
(3) No person shall be deemed to have contravened or failed to comply with the provisions of this paragraph if the pilot or person in charge of the aircraft proves that accident, stress of weather or other unavoidable circumstances prevented him from making his first landing at a recognised stopping place:
Provided that-
(i) the pilot or person in charge of any aircraft making its first landing at a place other than a recognised stopping place forthwith reports the facts of the situation by the most expeditious means to the nearest Administrative Officer or Government Medical Officer or police officer; and
(ii) the pilot or person in charge of such aircraft if so ordered by an Administrative Officer or Government Medical Officer or police officer shall proceed with such aircraft to a recognised stopping place as soon as possible; and
(iii) the crew and passengers of such aircraft comply with the instructions of an Administrative Officer or Government Medical Officer or police officer.
[As amended by Act 207 of 1944; 179 of 1954 and 500 of 1964.]
5. Pilot to furnish information to sanitary authority
The pilot or person in charge of every aircraft to which this Notice applies shall, at the request of the sanitary authority-
(a) give the names and addresses at destination of all persons carried;
(b) state the place where and the date on which each person was taken on board;
(c) state whether the aircraft has, within the six days preceding arrival at any place in Zambia-
(i) been in contact with another aircraft which has, within six days of such contact, been on the ground in any scheduled place;
(ii) been on the ground in any scheduled place;
(d) produce his journey logbook for inspection; and
(e) furnish any other information of a public health nature in his possession regarding persons, animals, articles or things on board.
[As amended by Act 207 of 1944.]
6. Passengers to furnish information to sanitary authority
Every person to whom this Notice applies shall, at the request of the sanitary authority, furnish any information of a public health nature concerning himself that may be required by such authority.
7. Powers of sanitary authority
The sanitary authority-
(a) may inspect any aircraft and any road or railway vehicle to which this Notice applies and the cargo thereof to ascertain whether they contain mosquitoes, and may subject the aircraft or road or railway vehicle to disinsectisation; and
(b) may conduct or cause to be conducted a medical examination of the passengers and crew of such aircraft to ascertain whether they are free from symptoms of yellow fever.
Every person to whom this Notice applies shall, if so required by the sanitary authority, submit himself to medical examination and shall be dealt with by the sanitary authority as follows-
(a) if such person is not in possession of a valid inoculation certificate, he shall be detained and subjected to observation in a place and under conditions approved by the sanitary authority for a period not exceeding six days reckoned from the date of leaving any scheduled place;
(b) if such person is in possession of a valid inoculation certificate, h e shall be allowed to proceed without being subjected to observation.
[As amended by Act 250 of 1944.]
9. Inoculation against yellow fever
When in his opinion such action is necessary for the protection from yellow fever of Zambia or of any part thereof, the Director of Medical Services may order any person or group of persons in Zambia to be inoculated against yellow fever.
[As amended by Acts 179 of 1954 and 163 of 1965.]
Any expenditure in connection with any measures taken in terms of this Notice in respect of any person shall be recoverable from such person or, failing him, from the owner of the aircraft or road or rail vehicle of which he was a member of the crew or a passenger, and any such expenditure incurred in respect of such aircraft and goods or articles conveyed therein shall be recoverable from the owner thereof.
If any person contravenes or fails to comply with any provision of this Notice or any instruction, order or requirement lawfully issued or made thereunder, or fails or refuses to give any information which he is lawfully required to give, or gives any false or misleading information, knowing it to be false or misleading, he shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both.
[As by Act 13 of 1994.]
[Paragraph 2 (c)]
SANITARY AERODROMES
Lusaka
Kasama
Ndola
Livingstone [No. 32 of 1947]
[Paragraph 2 (d)]
RECOGNISED STOPPING PLACES
Ndola
Kasama
Lusaka (No. 207 of 1944)
Livingstone (No. 32 of 1947)
Mbala (No. 158 of 1949)
[Paragraph 2 (e)]
THE AFRICAN ENDEMIC YELLOW FEVER AREA
From the mouth of the River Senegal along that river eastwards to the 15ºN. parallel of latitude; thence eastwards along that parallel to the eastern boundary of the Sudan; thence northwards along the north-western boundary of Eritrea to the Red Sea Coast; thence southwards along the eastern coast of Africa to the northern boundary of the French Somali Coast; thence along that boundary successively westwards, southwards and eastwards to the eastern coast of Africa and thence along this coast to the southern boundary of Tanzania and westwards along that boundary and the southern boundary of the Congo to the 10ºS. parallel of latitude; thence westwards along that parallel to the west coast of Africa; thence northwards along the west coast of Africa to the mouth of the River Senegal; including the islands in the Gulf of Guinea. The Western Province and the Zambezi District in the North-Western Province of Zambia are also included in the endemic area. The port of Massawa in Eritrea and an area 10 kilometres in radius from the centre of the town of Asmara in Eritrea, as well as the territory of the French Somali Coast, including the port of Jibuti, are excluded from the endemic area. The continued exclusion of these area is, however, contingent on their maintenance of an Aedes aegypti index not exceeding 1 per centum in the port of Massawa, in and around Asmara, and in the port of Jibuti, as reported quarterly to the World Health Organisation.
[No. 138 of 1951]
APPLICATION OF SECTION 74 OF THE ACT
[Section 74]
[Notices by the Minister]
All Townships.(No. 93 of 1931)
City of Lusaka.(No. 49 of 1953)
City of Kitwe.(No. 49 of 1953)
City of Ndola.(No. 93 of 1931)
Kabwe Municipality.(No. 49 of 1953)
Livingstone Municipality.(No. 101 of 1931)
Luanshya Municipality.(No. 49 of 1953)
Mufulira Municipality.(No. 49 of 1953)
PUBLIC HEALTH (DRAINAGE AND LATRINE) REGULATIONS
[Section 75]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]
Arrangement of Regulations
PART I
PRELIMINARY
Regulation
PART II
DRAINAGE AND SEWERAGE PROVISIONS, ETC.
4. Local Authority to enforce drainage of undrained buildings
5. Two or more buildings may be drained by a combined operation
6. New buildings must be drained
10. Maintenance of drains and drainage works
11. Examination of drains, latrines, cesspools and septic tanks
12. Local Authority may cause drains to be tested
14. Penalty on unauthorised building over sewers or under streets
15. Injurious matters not to pass into sewers
16. Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into sewers
17. Brewery or manufacturing sewage
18. Power to make inspection chamber in manufacturing premises
19. Rain-water pipes not to communicate directly with a closed drain
20. Notice to be given of intention to make a sewer connection
21. Sewer connections not to be made without permission
22. Drainage works in streets and other public places
23. Local Authority may arrange with owners to carry out private drainage works
25. Charges to cover supervision, etc.
26. Tins, bottles, refuse, etc., not to be allowed to enter drains
27. Traps, gullies and ventilation pipes to be kept free from obstruction
PART III
CONSTRUCTION OF DRAINS
28. Excavation for any laying of drains
31. Inlets to drains to be trapped
32. No right-angled junctions to be made
33. Drains to be trapped from cesspools and septic tanks, etc., but not from sewers
34. Drains not to be trapped from sewers
35. Provision of inspection chambers in connection with drains
37. No inlets to drains within buildings
PART IV
SOIL PIPES
39. Anti-syphonage pipes to soil pipes
40. Connection of lead pipe with iron pipe
41. Connection of stoneware pipe with lead pipe
42. Connection of lead pipe with stoneware pipe
43. Connection of iron pipe with stoneware pipe
44. Connection of stoneware pipe with iron pipe
PART V
WASTE PIPES AND WASTE WATER FITTINGS
45. Waste pipes and waste water fittings
46. Local Authority may permit one pipe and single stack drainage systems
47. Rain-water pipes not to be used for conveying soil water or waste water
PART VI
GULLY TRAPS
PART VII
GREASE TRAPS
PART VIII
WATER CLOSETS, SLOP-HOPPERS, URINALS, ETC.
54. Traps and joints of soil water fittings
55. Soil water fittings to be provided with water flushing cisterns
56. Automatic water flushing cisterns not to be provided to water closets without permission
57. Automatic water flushing cisterns
58. Water closets to be kept provided with a sufficient supply of water
59. Position of soil water fittings
60. Apartment in which a soil water fitting is situated to be lit and ventilated
61. Trough closets to be approached from external air
PART IX
SEPTIC TANKS AND SEWAGE FILTER INSTALLATIONS, ETC.
PART X
DISPOSAL OF SEWAGE
PART XI
DEPOSIT OF DRAINAGE PLANS, GIVING OF NOTICES, ETC.
65. Notice to be given and plans deposited of new drainage works
67. Copy of plans and particulars to remain property of Local Authority
69. Drainage work not to be commenced before notice given, plans deposited and approval obtained
70. In default of notification by Local Authority, drainage work may be proceeded with
71. Alterations and construction of drainage work in cases of urgency
72. Notice before drainage work is commenced
73. Notice that work is completed and ready for testing
74. Drainage work not to be covered up until tested and approved
75. Certificate to be issued on completion of drainage
76. Fresh notice to be given if work not proceeded with within one year
77. Unauthorised drainage work
PART XII
PROVISION OF LATRINE ACCOMMODATION
78. New buildings must be provided with latrine accommodation
79. Local Authority to enforce provision of latrine accommodation to existing buildings
80. Latrines for factories, workshops, boarding-houses, hotels, etc.
81. Latrines for schools, colleges, theatres, public halls, etc.
82. Temporary latrines for workmen
83. Improper use of latrines used in common
84. Improper use of public latrines
85. No latrine other than a water closet to be constructed within 60.96 metres of a sewer
86. No latrine other than a water closet or urinal to be provided inside a dwelling
87. Latrines other than water closets and urinals to be protected against the entrance of flies
88. Local Authority to enforce latrines being protected against flies
PART XIII
PAIL CLOSETS
PART XIV
PIT CLOSETS
90. Pit closets not to be constructed without permit from Local Authority
PART XV
MISCELLANEOUS
91. Notices, etc., may be printed or written
93. Defect in form not to invalidate notices, etc.
Act 51 of 1963,
Act 13 of 1994,
GN 1 of 1932,
GN 12 of 1937,
GN 272 of 1942,
GN 328 of 1950,
GN 33 of 1951,
GN 173 of 1954,
GN 122 of 1956,
GN 125 of 1957,
GN 291 of 1964.
[Regulations by the Minister]
PART I
PRELIMINARY
These Regulations may be cited as the Public Health (Drainage and Latrine) Regulations.
The Minister may, by statutory notice, declare that on and after a date to be specified in such notice the whole of these Regulations or only such provisions thereof as are mentioned in such notice shall apply to the whole of or only such part of the district of any Local Authority as shall be defined in such notice.
[Am by 291 of 1964.]
In these Regulations, unless the context otherwise requires-
"cement" means Portland cement which shall conform in every respect with the provisions of the British Standard Specification for Portland Cement, No. 12, 1925, and any specification in amendment thereof or in substitution therefor;
"closed drain" means any drain constructed of pipes or in the form of an enclosed conduit;
"domestic building" includes any building in human use, or intended for human use, whether for purposes of business or residence or amusement;
"drainage works" means the construction, installation, laying, connecting, fixing, repair or removal of any pipe, drain, gully, cesspool, septic tank, sewage filter installation, or other works for the discharge, reception or disposal of sewage in connection with any premises, or of any waste pipe, soil pipe, trap, urinal, water closet, slop-hopper, sink, bath, lavatory basin, ventilation pipe, anti-syphonage pipe, or any drain fitting or water flushing cistern, or any works connected with the discharge of liquid or soiled matter into any drain, sewer, cesspool, septic tank, sewage filter installation or other like receptacle for drainage, or otherwise connected with the drainage of any premises;
"dwelling-house" means a building or any part or portion of a building used, or constructed, adapted or designed to be used for human habitation, as a separate tenancy, or by one family only, whether detached, semi-detached, or separated by party walls, or by floors from adjoining buildings, together with such outbuildings as are reasonably required to be used or enjoyed therewith;
"earth closet" means a pail closet furnished with means for sprinkling earth, ashes or any other material for the purpose of absorbing or covering the excremental matter;
"housemaid's sink" includes a butler's sink and any fitting used or intended to be used in connection with the cleansing of toiletware but neither used nor intended to be used for the reception of any excremental liquid or substance;
"latrine" includes a privy, urinal, pail closet, pit closet, earth closet, chemical closet and water closet;
"latrine accommodation" includes a receptacle for human excreta, together with the structure containing and including such receptacle and the fittings and apparatus connected therewith;
"one pipe system" means a system of drainage above ground in which all soil and waste appliances are connected to a single pipe which discharges directly to a drain without further trapping other than traps integral with or attached to the appliances, and in which all traps are ventilated by means of connections to a separate main ventilating pipe;
"pail closet" means latrine accommodation including a movable receptacle for human excreta;
"pit closet" means latrine accommodation situated over any hole or excavation in the ground;
"plot" means any area of land being the subject of a separate conveyance, assignment or lease;
"sewage" means soil water, waste water and manufacturing or trade effluent;
"sewer" means any duct belonging to the Local Authority and constructed, acquired or maintained for the purpose of conveying sewage;
"sewer connection" means any pipe junction, saddle or other contrivance constructed in any sewer belonging to the Local Authority for the purpose of receiving the discharges from any drain, or the drainage from one or more buildings, into such sewer;
"single stack system" means a one pipe system from which trap ventilating pipe work is omitted;
"slop-hopper" means any fitting intended for the reception of slop water from bedrooms or other waste water containing excremental liquid or substance;
"soil pipe" means any pipe fixed on or in any building for the purpose of conveying the discharges from any water closet, slop-hopper, urinal or urinette, or any waste water containing excremental liquid or substance;
"soil water" means discharges from water closets, slop-hoppers, urinals and urinettes, and all water containing any excremental liquid or substance;
"soil water fittings" means water closets, slop-hoppers, urinals and urinettes, and all water fittings adapted or designed for the reception of matters of an excremental character which are or are to be connected to any system of drainage;
"waste pipe" means any pipe for conveying waste water of a non-excremental character from baths, lavatory basins, sinks or housemaid's sinks;
"waste water" means discharges of a non-excremental character from baths, lavatory basins, sinks or housemaid's sinks;
"waste water fittings" means baths, lavatory basins, sinks and housemaid's sinks;
"water closet" means latrine accommodation adapted or designed for the reception of human excreta, of both a solid and liquid character, used or adapted or intended to be used in connection with a water carriage system, and comprising provision for the flushing of the receptacle by means of an approved water supply.
[As amended by Acts 12 of 1937; 173 of 1954;122 of 1956 and 51 of 1963.]
PART II
DRAINAGE AND SEWERAGE PROVISIONS, ETC.
4. Local Authority to enforce drainage of undrained buildings
(1) Where any building is without a drain sufficient for the effectual drainage of the same, the Local Authority shall, by written notice, require the owner of such building, within a reasonable time therein specified, to make a drain or drains emptying into any sewer belonging to the Local Authority which is at a suitable level, and which is not more than 60.96 metres distant from any part of such building, but, if no such means of drainage are within that distance, then emptying into such covered tank or other like receptacle for drainage not being under any building, or in such other manner as the Local Authority may direct; and the Local Authority may require any such drain or drains to be of such materials and size and to be laid at such level and in such manner and with such falls as may appear to the Local Authority to be necessary.
(2) Any person who fails to comply with the requirements of any notice served under this regulation within the time specified shall be guilty of an offence, and the Local Authority may, after the expiration of the time specified in the notice, do the work required, and may recover as a civil debt the expenses incurred by it in so doing from the owner:
Provided that, where, in the opinion of the Local Authority, greater expense would be incurred in causing the drains of two or more buildings to empty into an existing sewer, pursuant to this regulation, than in constructing a new sewer and causing such drains to empty therein, the Local Authority may construct such new sewer, or cause such new sewer to be constructed, and require the owners of such buildings to cause their drains to empty therein, and may apportion as it deems just the expenses of the construction of such sewer amongst the owners of the several buildings, and recover as a civil debt the sums apportioned from such owners.
5. Two or more buildings may be drained by a combined operation
If it appear to the Local Authority that two or more buildings which are to be connected with any sewer belonging to the Local Authority, either voluntarily or compulsorily, may be drained more economically or advantageously in combination than separately, and a sewer of sufficient size belonging to the Local Authority already exists or is about to be constructed at a suitable level and within 60.96 metres of any part of such buildings, the Local Authority may, when the drains of such buildings are first laid, order that such buildings be drained by a combined system of drainage to be constructed either by the Local Authority, if it so decide, or by the owners in such manner as the Local Authority shall direct, and the costs and expenses of the construction of such combined system of drainage and of the repair and maintenance thereof shall be apportioned between the owners of such buildings in such manner as the Local Authority shall determine, and, if paid by the Local Authority, may be recovered by it from such owners.
6. New buildings must be drained
(1) No person shall erect a new building or re-erect any building, any two external walls of which have been pulled down or burned down or which have fallen down to or below the level of the ground floor, or occupy or, being the owner thereof, permit to be occupied, any building so newly erected or re-erected, unless a drain or drains have been constructed of such materials and size, and laid at such level, in such manner and with such fall as may appear necessary to the Local Authority for the effectual drainage of such building; and the drain or drains so to be constructed shall empty into any sewer belonging to the Local Authority which is at a suitable level and which is within 60.96 metres of any part of the site of the building to be erected or re-erected; and, if no such means of drainage are within that distance, then such drains shall empty into such covered tank or other place, not being under any building, as the Local Authority may direct, except as hereinafter provided.
(2) Any person who causes any building to be erected or re-erected or any drain to be constructed in contravention of this regulation shall be guilty of an offence.
(3) Notwithstanding anything contained in these Regulations, no person shall cause or permit any subsoil, surface, storm or rain-water or any drain for the conveyance of such water to discharge into or communicate with any drain or sewer for the conveyance of sewage or waste water, or into any cesspool, septic tank or other receptacle for drainage, except with the written permission or by the direction of the Local Authority, and then only on the condition that such subsoil, surface, storm or rain-water drain shall discharge directly into the open air over a trapped gully and above the level of the water therein, and no person shall cause or permit any sewage or waste water drain to discharge into or communicate with any drain or sewer for the conveyance of subsoil, surface, storm or rain-water except with the written permission or by the direction of the Local Authority.
7. Local Authority may require sinks, drains or other necessary appliances to be provided to buildings
If it shall appear to the Local Authority that any building built before or after the commencement of these Regulations is not provided with a proper sink or drain or other necessary appliances for carrying off waste water from such building, the Local Authority may give notice in writing to the owner of such building requiring him, in the manner and within the time to be specified in such notice, to provide such sink, drain or other appliances. If the owner makes default in complying with such requirement to the satisfaction of the Local Authority within the time specified in such notice, he shall be guilty of an offence and, in case of default, the Local Authority may, if it thinks fit, itself provide such sink, drain or other appliances, and the expenses incurred by it in so doing shall be repaid to it by such owner, and may be recovered as a civil debt.
(1) Where any building is served by any privy, earth closet, pail closet, pit closet, or other closet not being a water closet (any such privy or closet being hereinafter in this regulation referred to as a non-water closet), the Local Authority may, by notice in writing addressed to the owner of the building, require the said owner, within a reasonable time to be specified in the notice, to convert the non-water closet into a water closet, and-
(a) if the building or closet is within 60.96 metres of any sewer belonging to the Local Authority which is at a suitable level, to connect the water closet to the said sewer; or
(b) in any other case, to connect the water closet to a septic tank or covered cesspool,
and cause all such works to be constructed in accordance with the provisions of these Regulations:
Provided that no such notice as aforesaid shall be given unless there is available on the premises affected a sufficient supply of water to operate a water closet efficiently.
(2) Any notice given under this regulation may require the owner of any building to carry out the works specified therein in a manner and by the use of materials to be approved by the Local Authority.
(3) Any person who shall fail to comply with the requirements of any notice given under the provisions of this regulation within the time specified in such notice shall be guilty of an offence, and the Local Authority may, after the expiration of the time specified, execute the required work, and may recover as a civil debt the expenses incurred by it in so doing from the owner of the property.
[Am by 33 of 1951.]
9. Where sewer provided, cesspools or septic tanks, etc., no longer to be used for reception of drainage
(1) Where the drainage of a building discharges into any cesspool or septic tank or into any other receptacle or place whatsoever not being a sewer belonging to the Local Authority, and such building be within 60.96 metres of a sewer belonging to the Local Authority which is at a suitable level, the Local Authority may, by written notice addressed to the owner of the building, require the said owner, within a reasonable time to be specified in the notice, to cease to discharge or permit to be discharged into the said cesspool, septic tank, other receptacle or place any sewage and other waste water, and to cause all such sewage and other waste water to be discharged into the said sewer in a manner and by the use of materials to be approved by the Local Authority; and the Local Authority may, by written notice addressed to the owner, order such cesspool, septic tank, receptacle or place to be removed, filled in or otherwise suitably dealt with to its satisfaction, within a period to be specified in such notice, and the Local Authority may, after the expiration of the time specified in such notice, execute the required work and may recover as a civil debt the expenses incurred by it in so doing from the owner of the property.
(2) Any such owner who shall fail to comply with the requirements of any notice served under the provisions of this regulation within the time specified shall be guilty of an offence.
[As amended by Act 125 of 1957.]
10. Maintenance of drains and drainage works
(1) The owner of any premises shall, at his own expense, maintain all drains and all drainage works constructed upon or in connection with such premises in an efficient condition and in a proper state of repair to the satisfaction of the Local Authority.
(2) In all cases where two or more buildings owned by more than one owner are drained by a combined system of drainage, such owners shall jointly and severally be responsible for the duty of, and for any costs and expenses incidental to, maintaining and repairing such combined system of drainage.
11. Examination of drains, latrines, cesspools and septic tanks
If it shall appear to the Local Authority that any drain, latrine, cesspool or septic tank constructed upon or in connection with any premises is in a bad state of repair, or is inefficient or is a nuisance or injurious or dangerous to health, the Local Authority may, after having given twenty-four hour's written notice to the occupier of such premises, or, in case of emergency, without notice, cause such premises to be entered, the ground to be opened and such drain, latrine, cesspool or septic tank to be examined. If the drain, latrine, cesspool or septic tank on examination is found to be in a proper, sound and efficient condition, the Local Authority shall cause the ground to be closed, and any damage done to be made good as soon as can be, and the expenses of the works shall be defrayed by the Local Authority. If the drain, latrine, cesspool or septic tank on examination appears to be in a bad, defective or inefficient condition, or to require alteration or amendment, the Local Authority shall forthwith give notice in writing to the owner of the premises requiring him forthwith or within a reasonable time therein specified to carry out such works as may be necessary; and, if the owner of such premises fails to comply with the requirements of any notice served under this regulation within the time specified, he shall be guilty of an offence, and the Local Authority may, if it think fit, after the expiration of the time specified in the notice, carry out the work required, and may recover as a civil debt the expenses incurred by it in so doing from the said owner.
12. Local Authority may cause drains to be tested
(1) The Local Authority may, at any reasonable time, cause to be applied to any covered drain or drains, soil pipe or ventilating pipe, constructed upon or in connection with any premises, the smoke, air, chemical, coloured water or other test (not including a test by water under pressure).
(2) If, on the application of the test, such drain or drains, soil pipe or ventilating pipe is or are found to be defective, the Local Authority shall, by written notice served upon the owner of such premises specifying generally the defect, require the said owner to do all works necessary for remedying it, within a reasonable time to be specified in the notice, and, if such owner fails to comply with the requirements of any notice served under this regulation within the time specified, he shall be guilty of an offence, and the Local Authority may, if it think fit, after the expiration of the time specified in the notice, carry out the works required, and may recover as a civil debt the expenses incurred by it in so doing from the owner.
(3) The owner and occupier of any premises shall give all reasonable facilities for the application of any test as provided for in this regulation, and any owner or occupier who fails to do so shall be guilty of an offence.
(1) Upon receipt of information as to a stoppage in any closed drain or drainage work constructed upon or in connection with any premises, the Local Authority may cause a written notice of stoppage to be served upon the owner of such premises requiring him forthwith to cause the stoppage to be removed. If the said owner fails to comply forthwith with the requirements of any such notice as aforesaid, or if such owner cannot immediately be found, the Local Authority may itself cause the stoppage to be removed and may recover as a civil debt the expenses incurred in so doing from the owner.
(2) Where two or more buildings owned by more than one owner are drained by a combined system of drainage, the costs and expenses incidental to the removal of any such stoppage as aforesaid shall be apportioned between the owners of such buildings in the manner provided in regulation 5:
Provided that, where the stoppage takes place in a section of any drain used by one occupier or owner only, the costs and expenses incurred in its removal shall be borne by the owner of the building served by such section.
14. Penalty on unauthorised building over sewers or under streets
Any person who, without the written consent of the Local Authority-
(a) causes any building newly to be erected over any sewer belonging to the Local Authority; or
(b) causes any vault, arch or cellar newly to be constructed under the carriageway or footway of any street vested in the Local Authority,
shall be guilty of an offence, and the Local Authority may cause any building, vault, arch or cellar constructed in contravention of the provisions of this regulation to be altered, pulled down or otherwise dealt with as it may think fit, and may recover as a civil debt any expenses incurred by it in so doing from the offender.
15. Injurious matters not to pass into sewers
Any person who shall throw or suffer to be thrown, or shall pass into any sewer belonging to the Local Authority or into any drain communicating therewith, any matter or substance by which the free flow of the sewage or other liquid waste may be interfered with, or by which any such sewer or drain may be injured, shall be guilty of an offence.
{mprestriction ids="2,3,5"}
16. Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into sewers
(1) Where, in the opinion of the Local Authority, the introduction into any sewer belonging to the Local Authority of any solid matter, suspended matter, mud, chemical or manufacturing or trade or other refuse (inclusive of vapours or gaseous matters) or any steam, condensing water, heated water or other liquid (such water or other liquid being of a higher temperature than 57.2 degrees Celsius) whether alone or in combination with other matter or liquid, and whether directly or through any drain or channel communicating with such sewer, either does or may cause a nuisance, or involve danger to the health of persons entering the sewers, or others, or is or may be injurious to the structure or materials of the sewers or other works of the Local Authority, or to the ground used by the Local Authority, the Local Authority may, by written notice served upon the owner or occupier of any premises, absolutely prohibit from a date to be named in such notice, not being earlier than fourteen days from the date of service of such notice, any such matter or matters as aforesaid being caused or permitted to fall, flow or enter or to be carried or washed into any sewer belonging to the Local Authority, either directly or indirectly:
Provided that the Local Authority shall not be required to serve a notice upon the same person more than once.
(2) Any person who shall fail to comply with the requirements of any such notice after service thereof upon him shall be guilty of an offence.
17. Brewery or manufacturing sewage
The Local Authority may, in its absolute discretion, refuse to admit into any sewer belonging to the Local Authority any trade, brewery or manufacturing liquid waste, sewage or effluent unless the same has been freed of the grosser objectionable matters, and then only if the sewers in the vicinity belonging to the Local Authority are, in the opinion of such Authority, of sufficient capacity to convey the trade, brewery or manufacturing liquid waste, sewage or effluent in addition to the ordinary domestic sewage flow of the areas served by such sewers.
18. Power to make inspection chamber in manufacturing premises
The Local Authority shall, in its discretion, have power to construct on any pipe or channel conveying trade or manufacturing liquid waste, sewage or effluent to any sewer belonging to the Local Authority an inspection chamber, manhole, lamphole, or other similar opening, of such dimensions as it may think fit, on any premises from which the liquid waste, sewage or effluent is derived, at the expense of the Local Authority, without payment of any compensation to the owner or occupier of such premises; and any duly authorised officer of the Local Authority shall at all times have the right of access to such chamber or other opening and may examine the character, gauge the flow and take samples of the discharge from such premises.
19. Rain-water pipes not to communicate directly with a closed drain
No person shall construct or fix any rain-water pipe or trunk which may be provided in connection with any building for the purpose of conveying therefrom any water which may fall on any roof or flat thereof so as to discharge directly into a closed drain, but shall cause such rain-water pipe or trunk to be constructed or fixed so as to discharge directly into the open air, into an open channel or over a properly trapped gully, or in such gully above the level of the water in the trap thereof:
Provided always that the provisions of this regulation shall not apply in any case where rain-water is intended to be conveyed through a closed drain to any receptacle properly constructed and adapted for the storage of such water and approved by the Local Authority.
20. Notice to be given of intention to make a sewer connection
(1) The owner of any building who shall intend to cause any drain constructed or to be constructed in connection with such building to empty into a sewer belonging to the Local Authority shall give at least three day's notice in writing in the prescribed form to the Local Authority of his intention to make a sewer connection.
(2) As soon as the Local Authority is satisfied that the owner of the said building is entitled to cause such drain to empty into the said sewer and that the making of such sewer connection would not contravene any of the provisions of these Regulations, the Local Authority shall issue a written permit to such owner authorising the making of such sewer connection.
21. Sewer connections not to be made without permission
(1) No person shall make any sewer connection unless and until a written permit authorising the making of such sewer connection shall have been issued by the Local Authority, and no person shall make any sewer connection otherwise than under the direction of and in a manner to be approved by the Local Authority.
Unauthorised sewer connections
(2) Any person making or attempting to make any sewer connection in contravention of the provisions of this regulation shall be guilty of an offence, and the Local Authority may close, demolish or remove any sewer connection made in contravention of the provisions of this regulation and may recover as a civil debt from the person so offending any expenses incurred by it in so doing.
22. Drainage works in streets and other public places
(1) Every person who shall carry out any drainage works in any street, sidewalk or other public place vested in the Local Authority shall, in the carrying out of such works, comply with the following requirements-
(a) He shall not disturb the surface of any street, sidewalk or other public place vested in the Local Authority, without the previous consent in writing of the Local Authority, and subject to such conditions as it may prescribe;
(b) In any case where a sewer connection is to be made, he shall cause such sewer connection to be made at such point in the sewer as may be indicated by the Local Authority.
(2) Nothing contained in this regulation shall be held to impose any liability whatsoever on the Local Authority for any accident or damage to persons or property which may occur in the carrying out of any such drainage works as aforesaid.
23. Local Authority may arrange with owners to carry out private drainage works
It shall be lawful for the Local Authority to agree with any owner or occupier of any premises that any drainage works which such owner or occupier desires or is required by the Local Authority to construct shall be constructed by the Local Authority, and the cost of constructing such drainage works shall be repaid by such owner or occupier to the Local Authority, and, in default of payment, the Local Authority may recover the cost as a civil debt.
24. Owners outside the district may arrange with Local Authority to connect to sewers of Local Authority
The owner of any premises outside the district of the Local Authority may, with the consent of the Local Authority and subject to the provisions of these Regulations, cause any drain constructed upon or in connection with such premises to empty into any sewer belonging to the Local Authority upon such terms and conditions as may be agreed upon between such owner or occupier and the Local Authority:
Provided always that no person shall cause any such drain to empty into any such sewer until such terms and conditions have been agreed upon.
25. Charges to cover supervision, etc.
In all cases where, in accordance with the provisions of these Regulations, any work is carried out by the Local Authority in respect of which the said Authority is entitled to recover the cost from any person under the provisions of these Regulations, there may be included in the cost so claimed and recoverable such sum as the Local Authority shall prescribe to cover the cost of surveys, plans, specifications, quantities, supervision and the use of tools and plant, and there shall also be included in such cost any expenditure or labour involved in disturbing, making good and remaking any made road, street or footway or ground affected.
26. Tins, bottles, refuse, etc., not to be allowed to enter drains
No occupier of any premises shall throw or introduce or allow others on the said premises to throw or introduce into any cesspool, drain, waste pipe, soil pipe or soil water fitting, constructed in connection with such premises, any tins, bottles, refuse or other matter laible to choke the same.
27. Traps, gullies and ventilation pipes to be kept free from obstruction
(1) The owner or occupier of any premises shall maintain all openings, whether for ventilation or otherwise, to any drain, and also all traps, gullies and other drainage fittings on his premises in good order and proper repair and in a reasonably clean condition and free from obstruction.
(2) Any owner or occupier who fails to comply with the provisions of this regulation shall be guilty of an offence.
PART III
CONSTRUCTION OF DRAINS
28. Excavation for any laying of drains
Every person who shall construct any drain in connection with a building shall lay such drain and carry out any excavation necessary for the construction of such drain in the following manner:
(a) He shall cause the ground to be excavated to the required depth with all possible expedition and in a workmanlike manner;
(b) He shall cause to be erected and maintained during the progress of the work all such fences, hoardings, struttings, shorings and lights (kept lit throughout the night) as may be necessary to or in consequence of any of the works, for the protection of the public or workmen or of any buildings or property whatsoever near to or liable to be affected by the work;
(c) He shall cause any excavation to be commenced at the outfall end of each drain and continued in straight sections, the bottom of the trench to be accurately cut to the proper gradient for receiving the pipes, and the trench to be made of sufficient width to afford room for the proper laying, bedding and jointing of the pipes;
(d) He shall cause the laying of the pipes to be carefully performed and each pipe to be laid to a true gradient and in such manner that the body of the pipe shall have a firm bearing throughout its whole length and not upon the socket only;
(e) He shall cause any excavation to be filled in with earth well rammed in 15.24 centimetres layers, fine material free from stones being packed round the pipes, and the surface at ground level made good to the satisfaction of the Local Authority.
Every person who shall construct any drain in connection with a building, other than a drain constructed for the drainage of the subsoil of the site of such building or a drain constructed for the drainage of storm water only or water from any water supply fitting only, shall, in the construction of such drain, comply with the following requirements:
Materials to be used in construction of drains
(a) He shall cause such drain to be constructed of good sound cylindrical pipes made of glazed stoneware or of heavy cast iron, or of other suitable material which has been approved by the Local Authority;
Drains to be of adequate size and to have a proper fall and watertight joints
(b) He shall cause such drain to be of adequate size, to be a closed drain, to have an internal diameter of not less than 10.16 centimetres, and to be laid with a proper fall, and with watertight, socketed or other approved suitable joints;
Foundation for drains
(c) If such drain be constructed of stoneware pipes, he shall, if so required by the Local Authority, cause such drain to be laid on an adequate and efficient bed of good cement concrete at least 7.62 centimetres in thickness or, if such drain be constructed of approved metal pipes, he shall, if so required by the Local Authority, cause such drain to be supported upon a sufficient number of suitable piers constructed of good cement concrete:
Provided that, where any such drain as aforesaid is to be laid on made or bad ground and where, in the opinion of the Local Authority, such a precaution is necessary, he shall cause such drain to be laid on a bed of good cement concrete not less than 15.24 centimetres in thickness and projecting on each side of the drain to an extent at least equal to the external diameter of such drain and shall cause good cement concrete to be filled in so that it shall extend to the full width of the cement concrete bed already prescribed and so that such drain shall be embedded to the extent of not less than half its diameter.
(1) Every person who shall construct any such drain as is described in regulation 29 shall cause such drain to be laid with a proper and sufficient gradient:
Provided that-
(i) wherever practicable, he shall cause such drain to be laid with the minimum gradient specified below:
Drains of 10.16 centimetres internal diameter1 in 40
Drains of 12.70 centimetres internal diameter1 in 50
Drains of 15.24 centimetres internal diameter1 in 60;
(ii) wherever the foregoing minimum gradient of a drain shall be found to be impracticable, the Local Authority may, if it shall consider such a precaution necessary, require that special flushing tanks and inspection chambers shall be provided to such drain.
Jointing of cast-iron drain pipes
(2) If he shall construct any such drain of cast-iron pipes jointed with socket joints, such joints shall be not less than 6.35 centimetres in depth, shall be made with tarred spun yarn and molten lead or lead wool properly caulked, and the annular space for the lead, in the case of 9.16 centimetres pipes, shall not be less than 0.635 centimetres in width and, in the case of 12.70 centimetres and 15.24 centimetres pipes, shall not be less than 0.9525 centimetres in width; if such drain shall be jointed with flange joints, he shall cause such joints to be securely bolted together and some suitable insertion for jointing placed between the flanges.
Jointing of stoneware drain pipes
(3) If he shall construct any such drain of stoneware pipes, or pipes of material other than metal, such pipes shall be jointed with socket joints properly put together with cement mortar-1 of sand to 1 of cement-a few turns of spun yarn dipped in cement grout being first put round the end of the spigot, to ensure it being concentric with the socket and tightly caulked in; or an approved composition joint may be used.
Invert of drain to be kept clear of obstruction
(4) He shall cause proper and efficient means to be employed for keeping the invert of every such drain clear of cement or other matter in the laying and jointing of pipes and shall also cause every such drain to be so laid that a badger, of 0.635 centimetres less diameter than the internal diameter of the drain, shall pass freely through the said drain and so that a fibrous mop of half the internal diameter of the drain shall pass freely through such drain.
Drains to be so constructed as to be watertight
(5) He shall cause every such drain to be so constructed as to be watertight and to be capable of resisting a pressure of at least 0.6096 metres head of water. For the purpose of applying such pressure, he shall cause all openings to be plugged, and he shall also ascertain the locality of any leaks or defects which may be found to be exist on the application of such pressure by the Medical Officer of Health or a Health Inspector or other duly authorised officer, and shall cause any such leaks or defects to be effectively repaired and made good so as to render such drain watertight and capable of resisting such pressure as aforesaid.
Sizes and weights of cast-iron drain pipes
(6) If he shall construct any such drain of cast iron, only cast-iron pipes of good quality free from imperfections and well coated internally and externally with Dr. Angus Smith's or other approved rust preventive composition shall be used, and the weight of such cast-iron pipes in proportion to the diameter shall not be less in any case than is prescribed as follows:
Internal diameter: centimetres | Thickness of metal | Weight per 2.7432 metres length (including socket and spigot) |
10.16 | 0.9525 cm's | 72 kg. |
12.70 | 0.9525 cm's | 85.5 kg. |
15.24 | 0.9525 cm's | 103 kg. |
Size and thickness of stoneware drain pipes
(7) If he shall construct any such drain of stoneware, only the best glazed socketed stoneware pipes which are truly cylindrical in section, straight in shape and free from cracks or other imperfections shall be used, and the thickness of the pipes, the depth of the sockets and the annular space for the cement in proportion to the diameter shall not be less in any case than is prescribed as follows:
Internal diameter: centimetres | Thickness of pipe | Depth of socket | Annular space for the cement |
10.16 | 1.27 cm's | 4.445 cm's | 0.79375 cm's |
12.70 | 1.42875 cm's | 5.08 cm's | 0.79375 cm's |
15.24 | 1.5875 cm's | 5.08 cm's | 0.79375 cm's |
32.86 | 1.905 cm's | 5.08 cm's | 1.42875 cm's |
Joints of drains not to be built into walls or foundations
(8) He shall not construct any such drain so that any joint of such drain shall be built into any wall or foundation, except in any case where any other mode of construction is impracticable.
Drains in or under buildings
(9) He shall not construct any such drain inside so as to pass under a building, except in any case where any other mode of construction is impracticable.
(10) If he shall construct any such drain so as to pass under a building, he shall cause such drain 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, and he shall cause such drain to be completely embedded in and covered with good and solid cement concrete at least 15.24 centimetres thick all round:
Provided that, in any case where such drain shall be constructed of iron or other approved metal pipes, he may cause such drain to be carried above ground and to be supported upon a sufficient number of suitable piers constructed of iron or good cement concrete.
(11) He shall also cause any such drain to be laid in a direct line for the whole distance beneath such building and adequate means of access, by means of approved inspection chambers situated outside such building or, in the case of iron or other approved metal pipes carried above ground, by means of approved inspection eyes situated outside such building, to be provided at each end of such portion thereof as is beneath such building, and efficient ventilation of such drain by means of approved ventilating shafts to be provided.
Composition of concrete
(12) He shall cause all concrete used in connection with the laying and constructing of any such drain to be composed of clean gravel, hard brick broken small, or other suitable ballast, well mixed with good clean sand, free from earth, and cement in the proportion of 3 parts of sand, 1 part of cement, and 6 parts of other material.
Protection of drains under walls
(13) In every case where any such drain is laid beneath a wall, he shall cause such drain to be protected at the part beneath the wall by means of an arch, lintel or suitable metal support of sufficient size and strength to prevent any disturbance or other injury to such drain, and constructed at least 5.08 centimetres clear above the drain.
31. Inlets to drains to be trapped
Every person who shall construct any such drain as is described in regulation 29 shall cause every inlet to such 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 by an efficient trap so constructed as to be capable of maintaining a sufficient water seal. He shall not construct or fix in or in connection with any such drain any trap of the kind known as a bell-trap, a dip-trap, a D-trap or a U-trap or a running trap or any such trap as becomes unsealed on the removal of the cover, or any trap of a type which has not been approved by the Local Authority.
32. No right-angled junctions to be made
(1) No person who shall construct any drain in connection with a building shall construct the several drains of such building in such a manner as to form in such drains any junction either vertical or horizontal nearer than 21/2 degrees to a right angle. He shall cause every branch drain or tributary drain to join another drain obliquely in the direction of the flow of such drain, and as near as practicable to the invert thereof. He shall cause all bends and turnings to be truly curved and, when directly reducing or enlarging the size of any drain, he shall cause such alteration to be properly tapered and to be of good shape.
(2) He shall also, so far as may be practicable, cause every such drain to be laid in a direct line or in a series of direct lines.
33. Drains to be trapped from cesspools and septic tanks, etc., but not from sewers
(1) Every person who shall construct any drain in connection with a building shall, where such drain shall communicate with a septic tank, cesspool or other like receptacle for drainage, not being a sewer belonging to the Local Authority, if so required by the Local Authority, cause to be provided and fixed in such drain a suitable and efficient intercepting 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 such septic tank, cesspool or other like receptacle for drainage.
Intercepting traps
(2) He shall cause such intercepting trap to be of an approved pattern of good glazed stoneware or of iron coated with approved material, to have the trap bend contracted in size so as to be 1.27 centimetres less than that of the pipe which discharges into it, to be provided with a drop of not less than 5.08 centimetres from the invert of the drain to the surface of the water seal, to have a water seal of not less than 5.08 centimetres in depth, and to be fixed truly level in a bed of good cement concrete.
34. Drains not to be trapped from sewers
No person shall provide or fix an intercepting trap in any drain which communicates directly with a sewer belonging to the Local Authority.
35. Provision of inspection chambers in connection with drains
Every person who shall construct any closed drain in connection with a building shall cause adequate and efficient inspection chambers to be provided in the positions and in the manner hereinafter required-
(a) (i) He shall cause an inspection chamber to be provided at every point in such drain where two or more drains shall converge;
(ii) He shall further cause access to be provided to the satisfaction of the Local Authority, in such manner that all parts of the drain can be rodded efficiently;
(iii) Where any such drain shall communicate directly with a sewer belonging to the Local Authority, he shall cause an inspection chamber to be provided to such drain on the plot on which such building stands but, wherever practicable, within 1.2192 metres of the boundary of the said plot over which such drain is or is to be constructed:
Provided that he may, with the consent in writing of the Local Authority and subject to such conditions as it may prescribe, but not otherwise, cause such inspection chamber as aforesaid to be constructed on a street or sidewalk;
(iv) He shall cause an inspection chamber to be provided at any point where an intercepting trap shall be fixed in such drain.
Construction of inspection chambers
(b)
(iii) Provided that no inspection chamber shall be less than 0.6096 metres in length where the depth of the half channel invert from the surface of the ground adjoining such chamber shall be greater than 18 inches;
(ii) He shall cause every inspection chamber to be constructed of not less than 22.860 centimetres brickwork or stonework built in cement, or of good cement concrete not less than 10.16 centimetres in thickness, to be so constructed as to be watertight up to the level of the adjoining ground surface, and to be rendered with cement plaster at least 1.27 centimetres in thickness and finished with a smooth surface;
(iii) He shall cause every inspection chamber to be fitted with a strong movable airtight cast-iron manhole cover of adequate size and approved design and construction fixed not lower than the surface of the adjoining ground;
(iv) He shall cause the sides of the channels in every inspection chamber to be brought up vertically to a height not less than the diameter of the drains, and shall cause benching, constructed of good cement concrete, to be provided, such benching to be sloped off from the tops of the channels at an angle of 30 degrees from the horizontal and finished with a smooth cement surface.
[As amended by Act 328 of 1950.]
Every person who shall construct any closed drain in connection with a building shall, for the purpose of securing efficient ventilation of such drain, comply with the following requirements-
(a) He shall provide at least one untrapped opening to such drain, which opening shall be situated as far distant as may be practicable from the point at which such drain communicates with a sewer, septic tank, cesspool or other like receptacle for drainage with which such drain may lawfully communicate, and shall also provide an untrapped opening at the upper extremity of every branch drain which exceeds 6.096 metres in length and which receives any soil water or waste water. Such untrapped opening shall be obtained by carrying up a pipe or shaft, vertically, to such a height and in such a position as to afford by means of the open end of such pipe or shaft a safe outlet for foul air and so as effectually to prevent any escape of foul air from such pipe or shaft into any building in the vicinity thereof, and in no case to a less height than 0.9144 metres above the eaves of any adjoining roof, or to a less height than 1.8288 metres above the top of any window, door or other opening which shall be within a distance of 6.096 metres horizontally from such pipe or shaft, or to a less height than 3.048 metres above the adjoining ground level, and such pipe or shaft, if unsupported for a length of more than 1.524 metres, shall be properly stayed:
Provided always that the soil pipe of any water closet, in every case where the situation, sectional area, height and mode of construction of such soil pipe shall be in accordance with the requirements applicable to the pipe or shaft to be carried up from such drain, may be deemed to provide the necessary opening for ventilation which would otherwise be obtained by means of such last mentioned pipe or shaft;
(b) He shall cause any opening provided in accordance with the arrangements hereinbefore specified to be furnished with a suitable grating or other cover of approved pattern and material for the purpose of preventing any obstruction in or injury to any pipe or drain by the introduction of any substance through any such opening. He shall, in every case, cause such grating or cover to be so constructed and fitted as to secure the free passage of air through such grating or cover by means of a sufficient number of apertures, of which the aggregate extent shall be not less than the sectional area of the pipe or drain to which such grating or cover may be fitted;
(c) He shall not, except where unavoidable, cause any bend or angle to be made in any pipe or shaft used in connection with any of the arrangements hereinbefore specified;
(d) He shall cause every pipe or shaft which may be used in connection with any of the arrangements hereinbefore specified to have an internal diameter of not less than 8.89 centimetres;
(e) He shall cause every pipe or shaft used in connection with any of the arrangements hereinbefore specified to be constructed in the same manner and of the same material and weight as if such pipe or shaft were a soil pipe.
[As amended by Act 328 of 1950.]
37. No inlets to drains within buildings
No person shall, except with the approval of the Local Authority, construct any closed drain in connection with a building in such a manner that there shall be within such building any inlet to such drain, except such inlet as may be necessary from the apparatus of any water closet or soil water fitting.
[As amended by Act 328 of 1950.]
PART IV
SOIL PIPES
Every person who shall provide a soil pipe in connection with a building shall, in the providing and fixing of such soil pipe, comply with the following requirements-
Materials for soil pipes
(a) He shall construct such soil pipe either in drawn lead or heavy cast iron or other suitable material which has been approved by the Local Authority;
Size, weight and thickness of soil pipes
(b) He shall construct such soil pipe so that its weight, if the pipe be of lead, and that its thickness and weight, if the pipe be of iron, in proportion to its length and internal diameter, shall be:
Lead | Cast Iron |
||
Diameter | Weight per 3.048 metres length, not less than | Thickness of metal, not less than | Weight per 1.8288 metres length (including socket and beaded spigot or flanges, the socket not to be less than 0.635 centimetres thick), not less than |
8.89 centimetres | 29.5 kilograms | 0.47625 centimetres | 21.7 kilograms |
10.16 centimetres | 33.5 kilograms | 0.47625 centimetres | 24.4 kilograms |
Jointing of soil pipes
(c) If he shall construct such soil pipe in drawn lead, he shall cause such soil pipe to be constructed with proper wiped plumber's joints;
(d) If he shall construct such soil pipe of cast iron with socket joints, he shall cause such joints to be not less than 6.35 centimetres in depth and to be made with tarred spun yarn and molten lead or lead wool properly caulked, and he shall also cause the annular space for the lead, in the case of 8.89 centimetres and 10.16 centimetres pipes, to be not less than 0.635 centimetres in width. If he shall construct such soil pipe with flanged joints, he shall cause such joints to be securely bolted together and some suitable insertion for jointing placed between the flanges;
Soil pipes not to be connected with waste pipes or rain-water pipes
(e) He shall construct such soil pipe so that it shall not be connected with any rain-water pipe or with any waste pipe or waste water fitting, and so that there shall not be any trap in such soil pipe or between the soil pipe and any drain with which it is connected;
Access for purposes of inspection to be provided at the foot of soilpipes
(f) He shall construct such soil pipe so that the bend to which it may be connected at the foot shall rest in a solid foundation of good cement concrete and, unless an inspection chamber be provided to the drain to which such soil pipe is connected within a distance of 1.8288 metres from the foot of such soil pipe, so that the bottom length of such soil pipe shall be provided with an adequate opening, fitted with screw doors and fastenings, for the purpose of access and inspection;
Size of soil pipes
(g) He shall cause such soil pipe to be circular and to have an internal diameter of not less than 8.89 centimetres, and to be continued up without diminution of its diameter, and (except where unavoidable) without any bend or angle being formed in such soil pipe, to such a height and in such a position as to afford by means of the open end of such soil pipe a safe outlet for foul air and so as effectually to prevent any escape of foul air from such soil pipe into any building in the vicinity thereof, and in no case to a less height than 0.9144 metres above the eaves of any adjoining roof, or to a less height than 1.8288 metres above the top of any window, door or other opening which shall be within a distance of 6.096 metres horizontally from such pipe or shaft or to a less height than 3.048 metres above the adjoining ground level and, if unsupported for a length of more than 1.524 metres, to be properly stayed. He shall also cause the open end of such soil pipe to be furnished with a suitable grating or other cover of approved pattern and material for the purpose of preventing any obstruction in or injury to such soil pipe by the introduction of any substance through such open end and he shall, in every case, cause such grating or cover to be constructed and fitted so as to secure the free passage of air through such grating or cover by means of a sufficient number of apertures, of which the aggregate extent shall be not less than the sectional area of the soil pipe to which such grating or cover may be fitted;
No right-angled junctions
(h) He shall not cause or permit any right-angled junctions to be made in such soil pipe, but shall cause every branch soil pipe to join another soil pipe obliquely in the direction of the flow of such soil pipe and shall cause all bends and turnings to be truly curved;
Inspection eyes to be provided at all bends and junctions in soil pipes
(i) He shall cause suitable provision for the purpose of access and inspection to be provided to such soil pipe by means of an adequate opening with screw doors and fastenings or with screwed metallic cap or plug at every junction or change of direction or gradient in such soil pipe:
Provided that, where adequate means for through rodding shall have been provided in any straight section of such soil pipe by means of adequate openings at the opposite ends of such section, the said provisions of access and inspection may be omitted in the case of any junction in such straight section as aforesaid;
Weights of branch soil pipes
(j) He shall cause the weight of all branch soil pipes leading from any soil water fitting to a soil pipe or drain, if of lead, to be not less than 3.15 kilograms per 0.3048 metres of lead.
[As amended by Act 328 of 1950.]
39. Anti-syphonage pipes to soil pipes
Any person who shall fix any soil water fitting, the soil pipe of which shall be connected with any soil pipe receiving the discharge from any other soil water fitting, shall cause the trap of every such soil water fitting to be ventilated into the external air at a point as high as the top and open end of the soil pipe, or into the soil pipe at a point above the highest soil water fitting connected with such soil pipe, and so that the ventilating pipe shall have in all parts an internal diameter of not less than 5.08 centimetres, and if more than 15.24 metres in length not less than 7.62 centimetres in diameter, and if more than 24.384 metres in length not less than 10.16 centimetres in diameter, and shall cause such ventilating pipe to be connected with the arm of the soil pipe or the trap of the soil water fitting at an approved point not less than 7.62 centimetres and not more than 30.48 centimetres from the highest part of the trap and on that side of the water seal which is nearer to the soil pipe. He shall cause the joint between the ventilating pipe and the arm of the soil pipe or the trap to be made in the direction of the flow. He shall construct such ventilating pipe in drawn lead or of heavy cast iron or other suitable material which has been approved by the Local Authority. He shall construct such ventilating pipe so that, if the pipe be of lead, its weight shall not be less than the weights specified for soil pipes in paragraph (j) of regulation 38, and, if the pipe be of cast iron, its thickness shall not be less than 0.47625 centimetres. He shall, in all cases, cause the joints in and the connection to such ventilating pipe to be made in the same manner as if such ventilating pipe were a soil pipe:
Provided that-
(i) where not more than two soil water fittings are connected to an efficiently ventilated vertical soil pipe by means of branch soil pipes not exceeding 10.16 metres in length and meeting the vertical soil pipe at an angle of not more than 15 degrees with the horizontal, it shall not be necessary to ventilate the traps of such soil water fittings;
(ii) where three or more soil water fittings are connected to an efficiently ventilated vertical soil pipe by means of a branch soil pipe, the end of which shall be carried up above the eaves of the roof in the same manner as specified for soil pipes in paragraph (g) of regulation 38, and such other additional ventilating pipes or shafts as may be necessary are provided and carried up as aforesaid, and which are, in the opinion of the Local Authority, sufficient for the purpose of maintaining the seal in the traps of the soil water fittings connected to such branch soil pipe, it shall not be necessary to provide anti-syphonage pipes as specified in this regulation.
40. Connection of lead pipe with iron pipe
Any person who shall connect a lead soil pipe, waste pipe, ventilating pipe or trap with an iron pipe or drain shall insert between such lead soil pipe, waste pipe, ventilating pipe or trap and such iron pipe or drain a flanged thimble of copper, brass or other suitable alloy which shall be not less than 0.3175 centimetres in thickness and 15.24 centimetres in length, so that the lead soil pipe or trap shall project slightly beyond the thimble, such projection being turned over the thimble to protect the thimble from any contact with the contents of the pipe or drain and shall connect such lead soil pipe, waste pipe, ventilating pipe or trap with such thimble by means of a wiped or overcast metallic joint, and shall connect such thimble with such iron pipe or drain by means of a joint made with molten lead properly caulked in the manner prescribed in sub-regulation (2) of regulation 30:
Provided always that it shall be sufficient if he shall connect the lead soil pipe, waste pipe, ventilating pipe or trap with the iron pipe or drain in a suitable and efficient manner, to be approved by the Local Authority.
41. Connection of stoneware pipe with lead pipe
Any person who shall connect a stoneware or semi-vitrified ware trap or pipe with a lead soil pipe, waste pipe, ventilating pipe or trap shall insert between such stoneware or semi-vitrified ware trap or pipe and such lead soil pipe, waste pipe, ventilating pipe or trap a socket of copper, brass or suitable alloy, and shall insert such stoneware or semi-vitrified ware trap or pipe into such socket, making the joint with cement, in the manner prescribed in sub-regulation (3) of regulation 30, and shall connect such socket with the lead soil pipe, waste pipe, ventilating pipe or trap, by means of a wiped or overcast metallic joint:
Provided always that it shall be sufficient if he shall connect the stoneware or semi-vitrified ware trap or pipe with the lead soil pipe, waste pipe, ventilating pipe or trap in a suitable and efficient manner, to be approved by the Local Authority.
42. Connection of lead pipe with stoneware pipe
Any person who shall connect a lead soil pipe, waste pipe, ventilating pipe or trap with a stoneware or semi-vitrified ware pipe or drain shall insert between such lead soil pipe, waste pipe, ventilating pipe or trap and such stoneware or semi-vitrified ware pipe or drain a flanged thimble of copper, brass or other suitable alloy, so that the lead soil pipe or trap shall project slightly beyond the thimble, such projection being turned over the thimble to protect the thimble from any contact with the contents of the pipe or drain, and shall connect such lead soil pipe, waste pipe, ventilating pipe or trap with such thimble by means of a wiped or overcast metallic joint, and shall insert the flanged end of such thimble into a socket in such stoneware or semi-vitrified ware pipe or drain, making the joint with cement in the manner prescribed in sub-regulation (3) of regulation 30:
Provided always that it shall be sufficient if he shall connect the lead soil pipe, waste pipe, ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in a suitable and efficient manner, to be approved by the Local Authority.
43. Connection of iron pipe with stoneware pipe
Any person who shall connect an iron soil pipe, waste pipe, ventilating pipe or trap with a stoneware or semi-vetrified ware pipe or drain shall insert the beaded spigot end of such iron soil pipe, waste pipe, ventilating pipe or trap into a socket on such stoneware or
semi-vitrified ware pipe or drain, making the joint with cement in the manner prescribed in sub-regulation (3) of regulation 30:
Provided always that it shall be sufficient if he shall connect the iron soil pipe, waste pipe, ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in a suitable and efficient manner, to be approved by the Local Authority.
44. Connection of stoneware pipe with iron pipe
Every person who shall connect a stoneware or semi-vetrified ware trap or pipe with an iron soil pipe, waste pipe, trap or drain shall insert such stoneware or semi-vitrified ware trap or pipe into a socket on such iron soil pipe, waste pipe, trap or drain, making the joint with cement in the manner prescribed in sub-regulation (3) of regulation 30:
Provided always that it shall be sufficient if he shall connect the stoneware or semi-vitrified ware trap or pipe with the iron soil pipe, waste pipe, trap or drain in a suitable and efficient manner, to be approved by the Local Authority.
PART V
WASTE PIPES AND WASTE WATER FITTINGS
45. Waste pipes and waste water fittings
Every person who shall provide a waste pipe or a waste water fitting in connection with a building shall, in the providing and fixing of such waste pipe and such waste water fitting, comply with the following requirements-
Materials for waste pipes
(a) He shall construct such waste pipe either of lead, steel, cast iron or wrought iron, and shall not in any case construct such waste pipe either of galvanised sheet iron or zinc;
Waste pipes to be trapped
(b) He shall cause such waste pipe to be properly trapped at a point as near as may be practicable to the point at which such waste pipe is attached to any waste water fitting, by means of an efficient syphon trap:
Provided that a waste pipe which does not exceed 0.9144 metres in length, and which receives the discharge from one waste water fitting only, may be fixed without a trap;
Traps for waste pipes
(c) He shall cause every trap fixed in connection with such waste pipe to be constructed either of lead, brass, gun-metal or iron and to be of an approved pattern and to be provided on the side or underside with a screwed movable plug. He shall cause every such trap to be fixed in such manner that the whole of the trap shall be easily accessible and to be provided with a water seal at least 5.08 centimetres in depth:
Provided that a trap fixed in connection with a waste pipe receiving the discharge from a bath only may be provided with a water seal 3.81 centimetres in depth;
(d) He shall not fix in connection with such waste pipe any trap of the kind known as a bell-trap, a dip-trap, a D-trap or a U-trap or running trap, or any such trap as becomes unsealed on the removal of the cover. He shall cause every trap fixed in connection with such waste pipe to be of the same internal diameter as the waste pipe to which it is connected;
Iron waste pipes
(e) If he shall construct such waste pipe of iron, he shall cause such waste pipe to be constructed either of cast iron not less than 0.47625 centimetres in thickness or of wrought iron not less than 0.3175 centimetres in thickness;
Fixing and weight of lead waste pipes
(f) If he shall construct such waste pipe of lead, he shall cause such waste pipe to be fixed by means of proper lead tacks at not more than the following distances apart:
Vertically-at 0.9144 metres centres;
Horizontally-at 0.6858 metres centres;
and every such waste pipe, in proportion to its internal diameter, shall be of the following minimum weight:
Internal diameter | |
3.175 centimetres | 3.15 kg. |
3.81 centimetres | 4.05 kg. |
5.08 centimetres | 5.4 kg. |
Waste pipes to be fixed in accessible positions
(g) He shall cause such waste pipe, wherever practicable, to be fixed above floors and, in any case where such waste pipe shall be fixed below any floor, he shall provide adequate and satisfactory means of access to such pipe for the purpose of inspection and cleansing;
Disconnection of waste pipes
(h) He shall cause every such waste pipe to be taken through an external wall of such building at the nearest practicable point and so constructed and fixed as to discharge into the open air, either separately or in conjunction with a common waste pipe receiving the discharge from two or more waste water fittings over an open channel not more than 45.72 centimetres in length communicating with or over a properly trapped gully or into such gully above the level of the water in the trap thereof:
Provided that, with the approval of the Local Authority and subject to such conditions as it may prescribe with regard to the construction of a floor of impervious materials, floor washings or a waste pipe from a bath or a lavatory basin may be permitted to discharge into an open channel communicating with a trapped gully inside a building where the waste water from such trapped gully as aforesaid shall discharge by means of a proper waste pipe into the open air over a trapped gully in the manner already provided for in this regulation;
Sizes of waste pipes
(i) He shall cause every such waste pipe from a sink to have an internal diameter of not less than 3.81 centimetres;
He shall cause every such waste pipe from a lavatory basin to have an internal diameter of not less than 3.175 centimetres;
He shall cause every such waste pipe from a bath to have an internal diameter of not less than 3.175 centimetres;
He shall cause every such waste pipe which shall receive the discharge from two or more waste water fittings to have an internal diameter of not less than 5.08 centimetres:
Provided that, in the case of a common waste pipe receiving the discharge from lavatory basins only and where such lavatory basins shall not exceed four in number, such a common waste pipe may be provided with an internal diameter of not less than 3.81 centimetres;
Fixing of waste water fittings
(j) He shall cause every such waste water fitting to be fixed as near as may be practicable to an external wall of such building and the outlet for waste water from such waste water fitting shall be provided with a good and efficient brass grate of approved type, well and securely fixed, the aggregate extent of the apertures in which shall not be less than the sectional area of the waste pipe to which such waste water fitting is fixed. He shall cause every such waste water fitting to be constructed of impervious materials having rounded corners or angles, and, if provided with an overflow pipe, such overflow pipe shall be connected to the waste pipe receiving the discharge from such waste water fitting on that side of the water seal in the trap provided to such waste pipe which is the nearer to the waste water fitting, and the upper end of such overflow pipe shall be so arranged as to permit of the whole of the overflow being easily cleansed;
Anti-syphonage pipes for waste pipes
(k) He shall cause every trap fixed in connection with such waste pipe to be ventilated into the open air at a safe outlet for foul air by means of a pipe, which shall be connected with the highest part of such trap and on that side of the water seal which is nearer to the outgo, and which shall have in all parts an internal diameter not less, in proportion to the internal diameter of the trap which it ventilates, than is prescribed as follows:
Internal diameter of trap | Internal diameter of vent pipe |
3.175 centimetres | 2.54 centimetres |
3.81 centimetres | 3.175 centimetres |
4.1275 to 5.08 centimetres | 3.81 centimetres |
(i) where not more than three waste water fittings are connected to an efficiently ventilated vertical waste pipe the end of which shall be carried up to a height of not less than 30.48 centimetres above the eaves of the roof, by means of branch waste pipes not exceeding 3.6576 metres in length, or, where four or more waste water fittings are connected to such ventilated vertical waste pipe by means of a branch waste pipe the end of which shall be carried up to a height of not less than 30.48 centimetres above the eaves of the roof, and such additional ventilating pipes or shafts as may be necessary are provided and carried up above the eaves as aforesaid, and which are, in the opinion of the Local Authority, sufficient for the purposes of preventing syphonic action from the traps of the waste water fittings, it shall not be necessary to ventilate the traps as specified in this regulation;
(ii) in the case of a waste pipe not exceeding 3.6576 metres in length and which receives the discharge from one waste water fitting only and which is not connected with any other waste pipe, it shall not be necessary to ventilate the trap of the waste water fitting;
Jointing of waste pipes
(l) He shall cause the joints of every such waste pipe and the joints of every ventilating pipe provided in connection with any trap fixed to any such waste pipe to be made as follows:
If such waste pipe or ventilation pipe be constructed of lead or cast iron, the joints shall be made in the same manner as if such waste pipe or ventilation pipe were a soil pipe;
If such waste pipe or ventilation pipe be constructed of galvanised wrought iron, the joints shall be made by the pipes being butted closely together and secured by means of screwed joints and couplings, the depth of the couplings being equal at the least to half the diameter of such waste pipe or ventilation pipe;
No right-angled junctions
(m) He shall not cause or permit any right-angled junctions to be made in such waste pipe, but shall cause every branch waste pipe to join another waste pipe obliquely in the direction of the flow of such waste pipe, and shall cause all bends and turnings to be truly curved;
Separate system required for waste pipes
(n) He shall cause every such waste pipe and every ventilation pipe fixed in connection therewith to be kept entirely separate and distinct from any soil pipe or any ventilation pipe fixed in connection with such soil pipe.
46. Local Authority may permit one pipe and single stack drainage systems
Notwithstanding the provisions of regulations 38, 39 and 45, the Local Authority may in its discretion permit the use of one pipe and single stack drainage systems.
[Am by 122 of 1956.]
47. Rain-water pipes not to be used for conveying soil water or waste water
No person shall cause any pipe used for the purpose of carrying off rain-water from the roof of any building to be used for the purpose of carrying off soil water or waste water or to be used as a ventilating pipe to any drain, soil pipe or waste pipe.
48. Overflow pipes from water supply cisterns or safes not to be connected with any drain, soil pipe, waste or ventilating pipe
No person shall cause any overflow pipe from any water supply cistern, flushing cistern or water waste preventer, or from any safe under any soil water fitting or waste water fitting, to be connected with any drain, soil pipe, waste pipe or ventilating pipe, but shall cause such overflow pipe to discharge directly into the open air in a manner and in a position to be approved by the Local Authority.
PART VI
GULLY TRAPS
Any person who shall provide and fix a gully trap in connection with the drainage of any building shall cause such gully trap to be of good glazed stoneware, or other approved material, and to be provided with a trap having a water seal of not less than 6.35 centimetres in depth and, except where otherwise required by the Local Authority, to be of the wash-down type with the bottom of the gully well rounded. He shall also cause every such gully trap to be fitted with a suitable grating with open slots 1.27 centimetres wide, the aggregate area of which slots shall be equal to the sectional area of the pipe or drain into which the gully trap discharges. He shall also cause such gully trap to be well and securely fixed in a bed of good cement concrete.
PART VII
GREASE TRAPS
The Local Authority may, by written notice addressed to the owner of any hotel, boarding-house, eating-house, restaurant or laundry, or of any factory, workshop or other premises from which waste water or sewage of a fatty or soapy character is or is to be discharged into any drain or sewer, require such owner within a reasonable time, to be specified in such notice, to provide and fix in connection with the drainage of such premises a proper and efficient grease trap of an approved pattern and constructed of approved materials for the reception of all waste water from any kitchen or scullery connected with such premises or any waste water or sewage of a fatty or soapy character from such premises before such waste water or such sewage is discharged into such drain or sewer, and any such owner who shall fail to comply with the requirements of any such notice within the time specified shall be guilty of an offence.
PART VIII
WATER CLOSETS, SLOP-HOPPERS, URINALS, ETC.
Every person who shall construct a water closet in connection with a building shall, in the construction of such water closet, comply with the following requirements-
(a) He shall furnish such water closet with a pan, basin or other suitable receptacle of non-absorbent material, and of such shape, capacity and mode of construction as to receive and contain a sufficient quantity of water, and to allow all filth which may from time to time be deposited in such pan, basin or receptacle to fall free of the sides thereof, and directly into the water received and contained in such pan, basin or receptacle;
(b) He shall not construct or fix under such pan, basin or receptacle any "container" or other similar fitting. He shall not construct or fix in or in connection with the water closet apparatus any trap of the kind known as a D-trap;
(c) He shall cause every such water closet, other than a water closet of the kind known as a trough closet, to be of the wash-down type, to be self-cleansing and to be provided with a trap having a water seal not less than 5.08 centimetres in depth, and, except in the case of an approved syphonic closet, the outlet of the trap to be not less than 8.89 centimetres or more than 10.16 centimetres internal diameter. He shall cause the pan and trap of such water closet to be of porcelainware, or well glazed stoneware, or the trap may be of strong case lead;
(d) He shall not fix or cause to be fixed any such water closet, other than a water closet of the kind known as a trough closet, of a type which has not been tested by the Local Authority and found, on testing, to be so designed and constructed as to secure the complete clearing out of dejecta and paper according to the standard test as set out in the Schedule;
(e) If he shall construct any water closet of the kind known as a trough closet, he shall cause such water closet to be provided with a trap having a water seal not less than 5.08 centimetres in depth and the outlet to the trap to be not less than 8.89 centimetres or more than 10.16 centimetres internal diameter, and he shall cause the trough and trap to be of glazed stoneware or other suitable and impervious material to be approved by the Local Authority:
Provided that no person shall construct a water closet of the kind known as a trough closet except with the written permission of the Local Authority and subject to such terms and conditions as it may prescribe.
Every person who shall construct a urinal shall, in the construction of such urinal, comply with the following requirements-
(a) He shall cause such urinal to be constructed of smooth or glazed impervious material, to be fitted at floor level with a trap, which shall have a water seal not less than 5.08 centimetres in depth, and the floor of such urinal to be constructed of good cement concrete at least 10.16 centimetres in thickness or of other approved impervious materials. He shall also cause such floor, whether the urinal be of the stall or the basin type, to be laid with a proper fall towards such gully for a distance of at least 45.72 centimetres from the said gully trap;
(b) If he shall construct a urinal of the basin type, he shall cause the soil pipe connected to the basin of such urinal to discharge directly over such gully trap or into a proper smooth or glazed channel leading thereto;
(c) If he shall construct a range of urinals, only one gully trap shall be provided to such range and communication between each urinal and gully trap shall be provided by means of a smooth or glazed channel. He shall also cause the floor to be laid with a proper fall towards such channel for a distance of at least 45.72 centimetres from the said channel;
(d) He shall cause every gully trap provided in connection with such urinal to be provided with a movable or hinged strong barred grate.
Every person who shall construct a slop-hopper in connection with a building shall, in the construction of such slop-hopper, comply with the following requirements-
(a) He shall cause such slop-hopper to be composed of porcelainware, well glazed stoneware or of smooth enamelled cast iron and the outlet to be fitted with a movable enamelled cast-iron grating with parallel slots of at least 1.27 centimetres in width, such grating to be fixed above the water line of the trap of such slop-hopper, and the surface thereof shall not be less than the outgo of the spigot of such slop-hopper;
(b) He may, if he so desire, provide a second grating to such slop-hopper to be fitted above the aforesaid first grating; if he shall provide such a second grating, he shall cause the width of the slots in such second grating to be not less than 3.81 centimetres in width, and such second grating shall be hinged or movable;
(c) He shall not construct any such slop-hopper which is composed of two pieces unless the junction of such two pieces be constructed above the water line of the trap of such slop-hopper and the joint be of sufficient depth and strength to secure its immobility;
(d) If he shall cause a housemaid's sink to be attached to such slop-hopper, the waste pipe from such sink shall not exceed 0.6096 metres in length and shall be so fixed as to discharge above the level of the water in the trap of such slop-hopper;
(e) Unless such slop-hopper be fixed on a floor of good cement concrete not less than 10.16 centimetres in thickness, he shall cause such slop-hopper to be placed upon a safe constructed in the same manner and of the same materials as if the slop-hopper placed on such safe were a water closet.
54. Traps and joints of soil water fittings
Any person who shall construct a soil water fitting in connection with a building shall, in the construction of such soil water fitting, comply with the following requirements-
(a) He shall cause such soil water fitting to be provided with an efficient syphon trap having a water seal at least 5.08 centimetres in depth;
(b) He shall, except in the case of an approved floor flange joint, cause the junction of such trap with any soil pipe to be above the level of the floor of the apartment in which such soil water fitting is fixed and to be so situated as to be readily accessible and exposed to view on all sides. Notwithstanding anything contained in regulations 40, 41, 42, 43 and 44, he shall, when so required by the Local Authority, cause the joint between the spigot of such trap and a soil pipe to be made with bitumen or other like material which is not liable to crack, which will quickly set hard and firm, but which is capable of removal by heating:
Provided that the provisions of this paragraph shall not apply in the case of a water closet which shall be fixed in the manner as described in regulation 62 (b) (ii), or in the case of any joint or junction between a urinal and any gully trap connected therewith.
55. Soil water fittings to be provided with water flushing cisterns
Any person who shall construct any soil water fitting in connection with a building shall, in the construction of such soil water fitting, comply with the following requirements-
(a) He shall furnish such soil water fitting with an approved and separate water flushing cistern of adequate capacity, which shall be so constructed, fitted and placed as to admit of a supply of water for use in such soil water fitting without any direct connection between any service pipe upon such building and any part of the apparatus of such soil water fitting, other than such water supply cistern. He shall likewise furnish such soil water fitting with a suitable and approved apparatus for the effectual application of water to any pan, basin or other receptacle with which such apparatus may be connected and used, and for the effectual flushing and cleansing of such pan, basin or other receptacle, and for the prompt and effectual removal therefrom of any solid or liquid filth which may from time to time be deposited therein;
(b) He shall cause such water flushing cistern to be fitted with a valveless flushing syphon and a strong approved high pressure valve connected to the water inlet, and shall also provide such cistern with an overflow pipe of drawn lead or galvanised wrought iron having an internal diameter of not less than 1.905 centimetres, which shall be carried through an external wall of such building so as to discharge into the open air in an exposed position;
Capacity of water flushing cisterns to water closet
(c) He shall cause every such cistern provided in connection with a water closet to have a capacity of at least 13.638 litres:
Provided that, in the case of any trough closet, such cistern shall have a capacity of at least 22.73 litres per seat of such trough closet;
Capacity of water flushing cisterns to urinals
(d) He shall cause every urinal or range of urinals fixed in any public place, or in any hotel or other building which is not a private building, to be provided with an automatic water flushing cistern capable of discharging at least 4.546 litres of water per urinal for each 0.6096 metres width of stand at intervals not exceeding twenty minutes;
Materials for flushing pipes
(e) He shall cause the flushing pipe furnished to every such water flushing cistern to be either of drawn lead of the weights specified for waste pipes, or of copper, nickel or brass or of strong galvanised wrought iron, and to be fixed vertically and properly connected to such cistern and the soil water fitting in an approved and workmanlike manner;
Size and length of flushing pipes to water closets
(f) He shall, in the case of every flushing pipe of a water supply cistern furnished to any water closet other than a trough closet, cause the length of the flushing pipe, measured vertically from the discharge end to the bottom of the water supply cistern, and the internal diameter of such pipe to be as follows:
High Level Cisterns-1.362 metres or more in length, not less than 3.175 centimetres internal diameter.
Low Level Cisterns-0.6096 metres to 1.362 metres in length, not less than 3.81 centimetres internal diameter. 0.3048 metres to 0.6096 metres in length, not less than 4.445 centimetres internal diameter. Flushing pipes under 0.3048 metres in length, not less than 5.08 centimetres internal diameter;
Size and length of flushing pipes to trough closets
(g) He shall cause every water flushing cistern provided to any trough closet to be fixed at such a level that the flushing pipe furnished to such cistern shall not be less than 1.828 metres vertically in height and shall have an internal diameter not less in any case than as follows-
3.81 centimetres internal diameter for cisterns with a capacity of less than 90.92 litres.
5.08 centimetres internal diameter for cisterns with a capacity of 90.92 litres to 136.38 litres.
6.35 centimetres internal diameter for cisterns with a capacity of more than 136.38 litres;
Size and length of flushing pipes to urinals
(h) He shall cause the flushing pipe of any water flushing cistern furnished to a urinal to be fixed with such a length as to provide a vertical height of not less than 0.9144 metres between the discharge end of such pipe and the underside of such water flushing cistern and to have an internal diameter of not less than 1.905 centimetres;
Materials to be used for water flushing cisterns
(i) He shall cause every water flushing cistern furnished in connection with such soil water fitting to be constructed of such materials, in accordance with the holding capacity of such cistern, as to comply with the following requirements:
Water flushing cisterns up to 13.638 litres capacity shall be of strong galvanised cast iron or other material which has been approved by the Local Authority.
Water flushing cisterns over 13.638 litres and up to 81.828 litres capacity may be constructed of galvanisd sheet iron of No. 18 gauge.
Water flushing cisterns over 81.828 litres capacity may be constructed of galvanised sheet iron of No. 16 gauge.
Every such cistern constructed of galvanised sheet iron shall be well riveted and stayed together and the joints made sound and watertight.
56. Automatic water flushing cisterns not to be provided to water closets without permission
No person shall construct in connection with a water closet any automatic water flushing cistern except with the written permission of the Local Authority and subject to such terms and conditions as it may prescribe, and no such automatic water flushing cistern shall be of less holding capacity than 22.73 litres.
57. Automatic water flushing cisterns
Every person who shall construct an automatic water flushing cistern in connection with a urinal and every person who, with the written permission of the Local Authority, shall construct an automatic water flushing cistern in connection with a water closet shall, in the construction of such urinal or water closet, and such automatic water flushing cistern, comply with the following requirements-
(a) He shall cause such urinal or range of urinals, or such water closet, trough closet or set of closets, to be erected in such a manner and such a position that the automatic water flushing cistern and the stop-cocks connected thereto shall be easily accessible;
(b) He shall also cause such cistern to be provided with two stop-cocks, one of a screw-down type for regulating, and the other for shutting off the water supply, and shall cause such cistern to be regulated in the supply of water, and the water turned off at fixed hours, in accordance with any instructions that may be given by the Local Authority.
58. Water closets to be kept provided with a sufficient supply of water
The occupier of any premises on or for which any water closet is for the time being provided shall, in so far as he is able, cause such water closet at all times to be properly supplied with a sufficient quantity of water for the proper and efficient flushing thereof, and where, by the act or default of such occupier, any such water closet shall at any time be without a proper and sufficient water supply as aforesaid, such occupier shall be guilty of an offence.
59. Position of soil water fittings
(1) Every person who shall construct a soil water fitting in connection with a building shall construct such soil water fitting in such a position that it shall be against or adjacent to an external wall.
(2) He shall also cause such soil water fitting to be enclosed in a suitable apartment constructed in such a manner and of such material as shall meet with the approval of the Local Authority and, in the case of any water closet, in accordance with the provisions of regulation 62 (a).
Soil water fittings in buildings
(3) He shall not construct any such soil water fitting or the apartment connected therewith so that it is approached directly from any room, other than a bedroom, used for the purpose of human habitation, or used for the manufacture, preparation or storage of food for man, or used as a factory, workshop, workplace or public building. He shall construct such soil water fitting so that on any side on which it would abut on a room, other than a bedroom, intended for human habitation, or used for the manufacture, preparation or storage of food for man, or used as a factory, workshop, workplace or public building, it shall be enclosed by a solid wall or partition of brick, stone, concrete or other suitable materials, extending the entire height from the floor to the ceiling.
60. Apartment in which a soil water fitting is situated to be lit and ventilated
(1) Every person who shall construct a soil water fitting in connection with a building, whether the situation of such soil water fitting be or be not within or partly within such building, shall construct in one of the walls of the apartment in which such soil water fitting is situated a window, the whole of which shall be made to open, of not less dimensions than 0.1858 square metres, exclusive of the frame, and opening directly upon the external air.
(2) Such apartment as aforesaid, in addition to such window, shall also be provided with adequate means of constant ventilation by at least one ventilating aperture, of not less dimensions than 13.3776 square metres, exclusive of any frame, built in an external wall of such apartment.
61. Trough closets to be approached from external air
Every person who, in connection with a building, shall construct any water closet of the kind known as a trough closet shall construct such water closet so that the entrance thereto shall open directly to the external air.
Every person who shall construct a water closet in connection with a building shall, in the construction of such water closet, comply with the following requirements:
Size, materials and construction of water closet chambers
(a) He shall cause the apartment in which such water closet is constructed to be substantially built of brick, stone or cement concrete, or of iron framed with iron or wood, and such apartment shall not be of less size in any case than 1.524 metres by 0.9144 metres inside measurements, and not less than 1.843 metres in height. If such apartment be built of iron framed with iron or wood, he shall cause such apartment to have a brick wall at least 11.43 centimetres in thickness, or a stone wall at least 20.32 centimetres in thickness, or a cement concrete wall at least 10.16 centimetres in thickness, built up at least 0.6096 metres above the level of the floor of the apartment and rendered with cement plaster at least 1.905 centimetres in thickness and finished with a smooth surface.
He shall cause every such apartment as aforesaid to be provided with proper doors and fastenings:
Provided that, in the case of a water closet of the kind known as a trough closet, such doors and fastenings may, with the written consent of the Local Authority, be omitted.
Fixing of water closets above floor level
(b) He shall cause such water closet to be fixed in one of the following ways, but not otherwise-
(i) He shall cause the whole of the pan and the trap of such water closet to be fixed entirely above the level of the floor of the apartment in which such water closet is constructed and to be provided with a seat of hardwood, hinged at the back, or some other suitable type of seat which has been approved by the Local Authority. He shall not cause or permit the pan of such water closet to be enclosed or cased round in any manner, but shall construct the same in such a manner that the whole of the pan shall be fully exposed to view.
Floors of water closet chambers
He shall cause the floor of such apartment as aforesaid either to be constructed of good cement concrete not less than 10.16 centimetres in thickness, or of other impervious materials to be approved by the Local Authority, or, in any case where the floor of such apartment as aforesaid shall be constructed of wood or other absorbent materials, he shall, when so required by the Local Authority, cause the pan of such water closet to be placed upon a safe, constructed of lead or of other suitable impervious materials which have been approved by the Local Authority.
Safes under water closets
He shall cause such safe to be securely fixed and so constructed as to be watertight, and shall provide the same with an overflow pipe of drawn lead or galvanised wrought iron, having an internal diameter of not less than 1.905 centimetres which shall discharge directly into the external air.
Fixing of water closets below floor level
(ii) He shall cause the whole of the pan of such water closet to be so sunk below the level of the floor of the apartment in which such water closet is constructed that the upper face of the flushing rim of such pan shall be at the level of the floor of the said apartment, and he shall cause the whole of the pan and the trap of such water closet to be firmly embedded in good cement concrete at least 10.16 centimetres in thickness. He shall also cause the floor of the said apartment to be constructed of good cement concrete at least 10.16 centimetres in thickness, and to be so laid with a slope on all sides of the pan of such water closet that any liquid which may fall upon such floor will flow into the pan of such water closet.
PART IX
SEPTIC TANKS AND SEWAGE FILTER INSTALLATIONS, ETC.
No person shall construct any septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage, except with the written permission of the Local Authority and then only subject to the following conditions, or such other conditions as it may impose:
Distance from buildings and plot boundaries
(a) He shall not construct any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage under any building nor so that it shall have, by drain or otherwise, any inlet for rain-water or other surface water or any outlet into or means of communication with any sewer. The situation of the septic tank shall be as approved by the Local Authority;
Situation and means of access
(b) He shall cause any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage to be constructed in such a manner and in such a position as to afford ready means of access thereto for the purpose of cleansing the same, and of removing the contents thereof, and in such manner and in such a position as to admit of the contents thereof being removed therefrom and from the premises to which such septic tank, sewage filter installation or other works for the treatment or disposal of sewage may belong, without being carried through any building;
To be covered and ventilated
(c) He shall cause any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage to be sufficiently covered over, to be adequately and efficiently ventilated and to be so protected as to prevent any nuisance therefrom and so as to prevent the breeding of mosquitoes in connection therewith;
Disposal of effluents and filtrates
(d) He shall not commence the construction of any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage until the Local Authority shall be satisfied that adequate and satisfactory provision has been made for the periodic emptying and cleansing of the same or for the innocuous disposal of the effluent or filtrate therefrom, as the case may be;
To be watertight
(e) He shall cause the walls, floors and coverings of any septic tank, sewage storage tank, effluent tank and such parts of the walls of any enclosure tank for the reception of filtering medium that may be necessary to be constructed of impervious materials and so as to be watertight.
[As amended by Act No. 328 of 1950]
PART X
DISPOSAL OF SEWAGE
No person shall dispose of solid or liquid sewage or sewage effluent in such a manner or in such a position as to cause or be likely to cause dampness in any building or part thereof, or to endanger the purity of any water supply, or to create any nuisance:
Provided that nothing in this regulation shall be deemed to prohibit the disposal of waste water from baths, lavatory basins or kitchen sinks by a satisfactory method of surface irrigation or sub-irrigation in such manner that no dampness of buildings, breeding of mosquitoes, pollution of water supplies or other form of nuisance is caused thereby.
PART XI
DEPOSIT OF DRAINAGE PLANS, GIVING OF NOTICES, ETC.
65. Notice to be given and plans deposited of new drainage works
(1) Every person who shall intend to construct or to carry out any drainage works or works connected in any way with the drainage of any premises shall deposit with the Local Authority at its offices notice in writing of such intention. He shall at the same time deposit such plans, sections and particulars of the proposed works as may be required by the Local Authority.
(2) He shall cause such plans and sections to be clearly and indelibly made on linen to a scale of not less than 2.540 centimetres to every 4.8768 metres, and shall, amongst other things, show thereon every floor of any building in connection with which such pipes or drains are to be used, and the position, form, levels and arrangements of the several parts of such building, including the roof thereof, and the size, gradient and position of every drain, and the size, position and mode of construction of every septic tank, cesspool or other receptacle for drainage, manhole or inspection chamber, and the size and position of every gully, soil pipe, waste pipe, ventilating pipe and rain-water pipe, and of any drain passing under such building, and the position of every bath, water closet apparatus, slop-hopper, slop sink, urinal, lavatory basin or apparatus, sink and trap in connection with the foregoing.
(3) He shall also show thereon the position of all windows and other openings into the building within a distance of 6.096 metres from the open end of a soil pipe or ventilating pipe.
(4) He shall at the same time deposit with the Local Authority at its offices a detailed description in writing of the intended mode of constructing, jointing and fixing any such drain, septic tank, cesspool or other receptacle for drainage, manhole or inspection chamber, gully, soil pipe, waste pipe, ventilating pipe, bath, water closet apparatus, slop-hopper, slop sink, urinal, lavatory basin or apparatus, sink or trap.
(5) He shall at the same time deposit with the Local Authority at its offices a block plan of the premises upon which any such building is or is to be situated, or any such work is to be carried out (drawn to a scale of not less than 2.540 centimetres to every 4.8768 metres) and he shall show thereon-
(a) the block plan of such building;
(b) the position of the whole of the buildings on the premises, and so much of the properties adjoining thereto as may be affected by the proposed work;
(c) the names of the streets or throughfares immediately adjoining the premises, and the number or designation of the premises;
(d) the difference of the level between the lowest floor of such building and the adjoining ground;
(e) the level of any yard, area or ground, or open space belonging to such premises;
(f) the lines of drainage, with the size, depth and inclination of the proposed drainage, fall of the ground and depth of the connection to any sewer, septic tank, cesspool or other receptacle for drainage, and, so far as can be ascertained without opening the ground, the lines, size, depth and inclination of the existing drainage, the surface drains (if any) and the arrangement for the ventilation of the drains, the existing pipes and drains and the proposed pipes and drains to be distinctly indicated by different colours;
(g) the position, form and depth of every existing or proposed manhole or inspection chamber, gully, junction, bend, intercepting trap, or any connection with a sewer, septic tank, cesspool or other receptacle for drainage;
(h) the points of the compass:
Provided that, where the plans, sections and particulars deposited in accordance with the requirements of sub-regulation (1) clearly show the particulars hereinbefore required to be shown on a block plan, it shall not be necessary to deposit a block plan.
(6) The plans, sections, particulars and detailed descriptions hereinbefore mentioned shall be deposited with the Local Authority twenty-eight days at least before the work is proposed to be commenced, and, in the case where a building is to be erected, before commencing the erection of such building.
(7) Such person shall sign such plans, sections and particulars, or cause the same to be signed by his duly authorised agent.
66. Addition to, partial construction, entire or partial reconstruction, or alteration of existing drainage works
Every person who shall make any addition to, partially construct, entirely or partially reconstruct or alter any such works as are described in the last preceding regulation shall be deemed to have satisfied the provisions of the said regulation, if he shall cause a deposit to be made (in the manner therein provided) of any such plans, sections and particulars of the proposed addition, partial construction, entire or partial reconstruction or alteration as may be necessary for the purpose of enabling the Local Authority to ascertain whether such addition, partial construction, entire or partial reconstruction or alteration is in accordance with the provisions of these Regulations and any other regulations, rules and by-laws of the Local Authority relating thereto, and, if in any case plans and sections have been previously deposited in conformity with the provisions of the last preceding regulation, it shall be sufficient for him to refer to such previous deposit, and to give in writing the date thereof, and to show the new work on the plans and sections to be deposited, and only so much of the existing work as will enable the Local Authority to see the relative positions of the new and old work.
67. Copy of plans and particulars to remain property of Local Authority
One copy of any plans, sections and particulars deposited in compliance with the provisions of regulations 65 and 66 shall remain the property of the Local Authority.
As soon as the Local Authority is satisfied that any plans, sections or particulars deposited in accordance with the provisions of regulations 65 and 66 do not contravene any of the provisions of these Regulations and any other regulations, rules and by-laws of the Local Authority relating thereto, and are in other respects satisfactory, it shall cause its approval thereof to be signified in writing.
69. Drainage work not to be commenced before notice given, plans deposited and approval obtained
No person shall begin to construct, install, connect, or make any addition to, partially construct, entirely or partially reconstruct, or alter any such works as are described in sub-regulation (1) of regulation 65 until he has given notice of his intention and has deposited the plans, sections and particulars hereinbefore required under the provisions of regulations 65 and 66, and the Local Authority has either intimated its approval of such work or failed to intimate its disapproval thereof within the period hereinafter prescribed in that behalf; and, subject to regulation 71, no person shall, except with the written permission of the Local Authority, carry out such work as aforesaid otherwise than in accordance with the approved plans.
70. In default of notification by Local Authority, drainage work may be proceeded with
If, within thirty days of the receipt of any plans or notice delivered in accordance with these Regulations, the Local Authority shall fail to intimate to the person submitting such plans its disapproval of the proposed work which the said person intends to carry out, the person submitting the plans may proceed with such work in accordance with such plans, but not so as to contravene any of the provisions of these Regulations or any other regulations, rules and by-laws of the Local Authority relating thereto or any amendments thereof in force for the time being.
71. Alterations and construction of drainage work in cases of urgency
Notwithstanding anything contained in any preceding regulation, where, in the opinion of the Medical Officer of Health, in consequence of either an existing nuisance or a case of infectious disease on any premises, the carrying out of any such work as is described in sub-regulation (1) of regulation 65 and in regulation 66 on such premises is a matter of urgency, the Medical Officer of Health may serve a written notice upon the owner of such premises, a copy of which shall be delivered forthwith to the Local Authority, certifying that the carrying out of any such work as aforesaid is a matter of urgency, whereupon the owner of such premises may proceed forthwith to carry out such work before any such plans, sections or particulars as may be required under the provisions of regulations 65 and 66 shall have been deposited with the Local Authority and shall forthwith send to the Local Authority notice in writing of his intention so to do:
Provided that-
(i) where, on a written certificate of urgency issued by the Medical Officer of Health, any such work as aforesaid shall be carried out on any premises, the person carrying out such work shall, within fourteen days from the date of the commencement of such work, deposit the plans, sections and particulars required under the provisions of regulations 65 and 66;
(ii) nothing contained in this regulation shall be held to relieve the person carrying out such work as aforesaid from the necessity of complying, in the carrying out of such work, with the provisions of these Regulations and any other regulations, rules and by-laws of the Local Authority relating thereto.
72. Notice before drainage work is commenced
(1) Every person who shall intend to carry out any such work as is described in sub-regulation (1) of regulation 65 and in regulation 66 shall deliver to the Local Authority at its offices notice in writing of such intention at least twenty-four hours before such person begins to carry out any such work as aforesaid.
(2) The delivery of any notice and the deposit of any plans, sections or particulars as provided in regulations 65 and 66 shall not be deemed to be a notice under this regulation.
73. Notice that work is completed and ready for testing
(1) Every person who shall carry out any such work as is described in sub-regulation (1) of regulation 65 and in regulation 66 shall, as soon as such work is ready for testing, give notice in writing to the Local Authority that such work is ready for testing, and he shall afford to any duly authorised officer of the Local Authority every facility for inspection and for the purpose of making such tests of the work as may be deemed necessary.
(2) Upon receipt of any such notice as aforesaid, the Local Authority shall within forty-eight hours cause such work to be inspected and tested.
74. Drainage work not to be covered up until tested and approved
No person shall proceed to cover up any such work as is described in sub-regulation (1) of regulation 65 and in regulation 66 until such work has been inspected, tested and approved by the Medical Officer of Health or other duly authorised officer of the Local Authority.
75. Certificate to be issued on completion of drainage
Where any person shall carry out any such work as is described in sub-regulation (1) of regulation 65 and in regulation 66 and where, after completion, such work shall have been inspected, tested and approved, the Local Authority shall issue to the owner of the premises upon which such work has been carried out a certificate in writing that the said work, after completion, inspection and testing, has been approved:
Provided always that such certificate shall not in any way be held to impose any liability whatsoever on the Local Authority or any of its officers or on the Government for any loss or damage that may be caused through any such work not being designed or carried out in a proper, efficient and workmanlike manner or through any such work being carried out otherwise than in accordance with the approved plans and these Regulations.
76. Fresh notice to be given if work not proceeded with within one year
If any person who is entitled to proceed with any drainage work under regulations 68 and 70 fails to do so within the period of one year, the notice given by him shall be held to have lapsed, and he shall give fresh notice of his intention before proceeding to carry out such work, and that in the manner hereinbefore prescribed.
77. Unauthorised drainage work
Any person who shall carry out or begin to carry out any works in contravention of the provisions of these Regulations shall be guilty of an offence, and, whether proceedings have been taken against the person offending or not, the Local Authority may serve upon the person so offending a notice in writing requiring him, within a time to be specified in such notice, to execute such alteration upon or to carry out such additions to such works as may be necessary to render such works in accordance with the provisions of these Regulations, or to cut into, lay open, remove or demolish the same. Any person who shall fail to comply with the requirements of any such notice as aforesaid within the time specified therein shall be guilty of an offence, and the Local Authority may cause the said works to be altered, cut into, laid open, removed, demolished or otherwise dealt with, and the expenses incurred by it in so doing may be recovered as a civil debt from the person so offending.
PART XII
PROVISION OF LATRINE ACCOMMODATION
78. New buildings must be provided with latrine accommodation
(1) It shall not be lawful newly to erect any domestic building or public building or to re-erect any domestic building or public building, any two external walls of which have been pulled down or burned down or which have fallen down to or below the level of the ground floor, or to occupy or, being the owner thereof, permit to be occupied any such domestic building or public building without proper and sufficient latrine accommodation so situated as to be conveniently accessible to all persons to be employed or accommodated therein.
Every new dwelling-house must be provided with separate latrine accommodation
(2) For the purposes of this regulation, in the case of a domestic building the whole or any part or portion of which is designed or intended to be used as a dwelling-house, such a domestic building shall not be deemed to be provided with proper and sufficient latrine accommodation unless each and every dwelling-house in such domestic building shall be provided with proper, sufficient and separate latrine accommodation so situated as to be conveniently accessible to the inmates of such dwelling-house:
Provided that, notwithstanding anything contained in this regulation, where, in the opinion of the Local Authority, sufficient latrine accommodation can be so conveniently situated that it may be used in common by the inmates of two or more dwelling-houses or the inmates of one or more dwelling-houses and of any part of a domestic building not being a dwelling-house, it shall be lawful for the Local Authority to require to be provided such latrine accommodation as it may deem sufficient for the use of such occupants as aforesaid and to allow such latrine accommodation to be used in common by such occupants.
(3) Any person who causes any domestic building or public building newly to be erected or to be re-erected or who occupies or, being the owner thereof, permits to be occupied any such newly erected or re-erected domestic building or public building in contravention of the provisions of this regulation shall be guilty of an offence.
79. Local Authority to enforce provision of latrine accommodation to existing buildings
(1) If a domestic building or a public building appears to the Local Authority to be without proper and sufficient latrine accommodation so situated as to be conveniently accessible to the inmates of or the persons employed or accommodated in such domestic building or public building, the Local Authority shall, by written notice served upon the owner or occupier of the domestic building or public building, require such owner or occupier, within a reasonable time to be specified in such notice, to provide proper and sufficient latrine accommodation so situated as to be conveniently accessible to the inmates of or the persons employed or accommodated in such domestic building or public building.
(2) Any owner or occupier who, on receipt of such written notice, shall fail to comply with the requirements of such notice within the time specified shall be guilty of an offence, and the Local Authority may, after the expiration of the time specified in the notice, do the work required to be done, and may recover as a civil debt from the owner the expenses incurred by it in so doing.
Latrines used in common by inmates of existing dwelling-houses
(3) For the purposes of this regulation, in the case of a domestic building the whole or any part or portion of which is used as a dwelling-house, such a domestic building shall not be deemed to be provided with proper and sufficient latrine accommodation unless each and every dwelling-house in such domestic building shall be provided with proper, sufficient and separate latrine accommodation so situated as to be conveniently accessible to the inmates of such dwelling-house:
Provided that, where, at the date of the application of these Regulations in accordance with the provisions of regulation 2, latrine accommodation has been and is used in common by the inmates of two or more existing dwelling-houses, or the inmates of one or more existing dwelling-houses, and of any part of an existing domestic building not being a dwelling-house, and if, in the opinion of the Local Authority, such latrine accommodation may continue to be so used, the Local Authority may permit such latrine accommodation to be used in common for such period of time as it may think fit, and it need not require separate latrine accommodation to be provided for each such dwelling-house.
80. Latrines for factories, workshops, boarding-houses, hotels, etc.
(1) The owner or occupier of every factory, workshop, workplace or other premises where persons are employed or in attendance, or every boarding-house or hotel, shall provide such factory, workshop, workplace, boarding-house, hotel or other premises as aforesaid with proper and sufficient latrine accommodation, regard being had to the number of persons employed in or in attendance or housed at such factory, workplace, workshop, boarding-house, hotel or other premises as aforesaid, and also where persons of both sexes are or are to be employed or in attendance or housed, with proper accommodation for persons of each sex, and such owner or occupier shall, in the provision of such latrine accommodation, comply with the following requirements-
(a) In factories, workshops, workplaces, boarding-houses, hotels or other premises as aforesaid where females are employed or in attendance or housed, he shall provide one water closet for every 25 females, or one pail closet for every 15 females.
In factories, workshops, workplaces, boarding-houses, hotels or other premises as aforesaid where males are employed or in attendance or housed, he shall provide one water closet for every 25 males or one pail closet for every 15 males:
Provided that, where the number of males employed or in attendance or housed exceeds 10 and sufficient urinal accommodation is also provided, it shall be sufficient if there is one water closet for every 25 males up to the first 100, and one for every 40 after, or one pail closet for every 15 males up to the first 150 and one for every 25 after.
In calculating the number of latrines required under this regulation, any number of persons less than 15, 25 or 40, as the case may be, shall be reckoned as 15, 25 or 40 respectively;
(b) He shall cause every latrine to be kept in a cleanly state;
(c) He shall cause every latrine to be under cover and so partitioned off as to secure privacy, and, if for the use of females, to have proper doors and fastenings;
(d) He shall cause all latrine accommodation to be so arranged and maintained as to be conveniently accessible to all persons employed in such factory, workshop, workplace or other premises as aforesaid at all times during their employment;
(e) He shall, where persons of both sexes are employed, cause the latrines for each sex to be so placed or so screened that the interior shall not be visible, even when the door of any latrine is open, from any place where persons of the other sex have to work or pass; and, if the latrines for one sex adjoin those for the other sex, the approaches shall be separate;
(f) He shall, when so required by the Local Authority, cause every latrine which is used at night to be provided with adequate lights kept lit during the night;
(g) He shall cause all latrine accommodation to be so arranged and maintained as to be conveniently accessible at all times to all persons who are accommodated in such factory, workshop, workplace, boarding-house, hotel or other premises as aforesaid.
(2) If it shall appear to the Local Authority that the provisions of this regulation have not been complied with in regard to any factory, workshop, workplace, boarding-house, hotel or other premises where persons are employed or in attendance or housed, the Local Authority shall serve a written notice upon the owner or occupier of such factory, workshop, workplace, boarding-house, hotel or other premises as aforesaid requiring such owner or occupier, within a time to be specified in such notice, to provide proper and sufficient latrine accommodation in accordance with the provisions of this regulation, and any such owner or occupier who shall fail to comply with the requirements of any such notice within the time specified shall be guilty of an offence.
81. Latrines for schools, colleges, theatres, public halls, etc.
(1) The owner or occupier of every school, college, theatre, public hall or public place of assembly for persons admitted by ticket or otherwise shall provide such school, college, theatre, public hall or public place of assembly as aforesaid with proper and sufficient latrine accommodation, regard being had to the number of persons for whom accommodation is or is to be provided in such school, college, theatre, public hall or public place of assembly as aforesaid and with proper separate accommodation for persons of each sex, and such owner or occupier shall, in the provision and maintenance of such latrine accommodation, comply with the following requirements-
(a) In schools and colleges-
(i) He shall provide latrine accommodation for all females who are or are to be accommodated therein as follows-
Water closets and pit latrines-
1 closet or seat for every 10 or part of 10 for the first 30.
Over 30 and under 50-4 closets or seats.
Over 50 and under 70-5 closets or seats.
Over 70 and under 100-6 closets or seats.
And thereafter 1 closet or seat for every 25 or part of 25.
Bucket latrines-
1 bucket for every 10 or part of 10.
(ii) He shall provide latrine accommodation for all males who are or are to be accommodated therein as follows-
Water closets and pit latrines-
1 closet or seat for every 20 or part of 20 for the first 100 and thereafter 1 closet or seat for every 30 or part of 30.
Bucket latrines-
1 bucket for every 15 or part of 15.
In addition the male sanitary block shall be provided with urinal accommodation to the extent of 0.6096 metres of urinal for every 20 males or part of 20.
(iii) Where pit latrines are installed pits shall be to a depth of not less than 6.096 metres.
(iv) He shall cause all latrine accommodation to be so arranged and maintained as to be conveniently accessible at all times to all children who are accommodated in such school or college.
(b) In theatres, public halls or public places of assembly as aforesaid:
(i) He shall provide one water closet for females for every 200 persons who are or are to be accommodated therein, or one pail closet for females for every 150 persons who are or are to be accommodated therein;
(ii) He shall provide one water closet for males for every 200 persons who are or are to be accommodated therein, or one pail closet for males for every 150 persons who are or are to be accommodated therein; when males are accommodated, he shall also provide proper and sufficient urinal accommodation for such males in addition to any such closets as aforesaid;
(iii) He shall, in calculating the number of latrines required under sub-paragraphs (i) and (ii), reckon any number of persons less than 150 or 200, as the case may be, as 150 or 200 respectively;
(iv) He shall cause all latrine accommodation to be so arranged and maintained as to be conveniently accessible to all persons accommodated in such theatre, public hall or public place of assembly as aforesaid at all times during which they are so accommodated:
Provided that, notwithstanding anything contained in sub-paragraphs (i) and (ii), in the case of race meetings, shows or extraordinary gatherings, it shall be lawful for the Local Authority to require such latrine accommodation in excess of the provisions specified in sub-paragraphs (i) and (ii) as the Local Authority may consider necessary.
(c) In schools, colleges, theatres, public halls or public places of assembly as aforesaid-
(i) He shall cause every latrine to be kept in a cleanly state;
(ii) He shall cause every latrine to be under cover and so partitioned off as to secure privacy, and, in the case of any water closet or pail closet, to have proper doors and fastenings;
(iii) He shall cause the latrines for each sex to be so placed or so screened that the interior shall not be visible, even when the door of any latrine is open, from any place where persons of the other sex have to or are permitted to pass; and, if the latrines for one sex adjoin those for the other sex, the approaches shall be separate;
(iv) He shall, when so required by the Local Authority, cause every latrine which is used at night to be provided with adequate lights kept lit during the night.
(2) If it shall appear to the Local Authority that the provisions of this regulation have not been complied with in regard to any school, college, theatre, public hall or public place of assembly as aforesaid, the Local Authority shall serve a written notice upon the owner or occupier of such school, college, theatre, public hall or public place of assembly as aforesaid requiring such owner or occupier, within a time to be specified in such notice, to provide proper and sufficient latrine accommodation in accordance with the provisions of this regulation, and any such owner or occupier who shall fail to comply with the requirements of any such notice within the time specified shall be guilty of an offence.
[As amended by Act 272 of 1942.]
82. Temporary latrines for workmen
Every contractor, builder or other person employing workmen for the demolition, construction, reconstruction or alteration of any building, or other work in any way connected with a building, shall provide in an approved position and thereafter maintain for such time as workmen are engaged thereon sufficient and convenient latrine accommodation for such workmen.
83. Improper use of latrines used in common
With respect to any latrine used in common by the occupiers of two or more separate dwelling-houses, domestic buildings or premises, or by other persons, the following provision shall have effect-
If any such person injures or improperly fouls such latrine, or anything used in common therewith, he shall be guilty of an offence.
84. Improper use of public latrines
Any person who shall injure or shall make improper or unclean use of any public latrine, or a latrine provided in connection with any church or place of public workship, theatre, public hall or other public place of assembly, shall be guilty of an offence.
85. No latrine other than a water closet to be constructed within 60.96 metres of a sewer
(1) No person shall construct a latrine in connection with a building other than a water closet or a urinal, where any part of the site of such latrine or such building shall be within 60.96 metres of a sewer belonging to the Local Authority, which is at a suitable level, and where there is sufficient water supply.
(2) Any person who shall construct a latrine so as to contravene any of the provisions of this regulation shall be guilty of an offence, and the Local Authority may demolish and remove such latrine, and may recover from such person as a civil debt the cost incurred in demolishing and removing the same.
86. No latrine other than a water closet or urinal to be provided inside a dwelling
No person shall provide, construct or fix any latrine other than a water closet or a urinal inside or under the same roof as any dwelling-house, unless separated from the main building by a ventilated passage, and any person who shall provide, construct or fix any such latrine so as to contravene the provisions of this regulation shall be guilty of an offence.
87. Latrines other than water closets and urinals to be protected against the entrance of flies
Every person who shall erect any latrine, not being a water closet or a urinal, in connection with a building shall cause all reasonably practical measures to be used to prevent flies gaining access to the apartment of such latrine, and any person who, in the erection of any such latrine, shall fail to comply with the provisions of this regulation shall be guilty of an offence.
88. Local Authority to enforce latrines being protected against flies
If it shall appear to the Local Authority that all reasonably practical measures have not been or are not being used to prevent flies gaining access to the apartment of any latrine, such latrine not being a water closet or a urinal, the Local Authority shall serve a written notice upon the owner of such latrine requiring him, within a reasonable time to be specified in such notice, to carry out such reasonably practical works as may be necessary to prevent flies gaining access to the apartment of such latrine, and any such owner who, on receipt of such notice, shall fail to comply with the requirements of such notice within the time specified shall be guilty of an offence.
PART XIII
PAIL CLOSETS
Every person who shall construct or provide a pail closet in connection with a building shall, in the construction and provision of such pail closet, comply with the following requirements:
Distance of pail closets from kitchens
(a) He shall not construct or provide such pail closet within 3.0485 metres of any kitchen;
Not to be in a dwelling-house
(b) He shall not construct or provide such pail closet within any part of a dwelling-house or under the same roof as any dwelling-house, but shall construct such pail closet so that the entrance opens directly into the external air and so that, on any side on which it would abut on any part of a dwelling-house, it shall be separated from such dwelling-house by a solid wall or partition of brick, stone or concrete or other suitable materials, extending the entire height from the floor to the ceiling;
Pail closets in buildings
(c) He shall not construct or provide such pail closet so that it is approached directly from any room used for the manufacture, preparation, storage or sale of food for man, or used as a factory, workshop, workplace or public building, but shall construct or provide such pail closet so that, on any side on which it would abut on a room intended for the manufacture, preparation, storage or sale of food for man, or used as a factory, workshop, workplace or public building, it shall be enclosed by a solid wall or partition of brick, stone, concrete or other suitable materials, extending the entire height from the floor to the ceiling;
Ventilation lobby for pail closets in buildings
(d) Where the entrance to such pail closet does not open directly into the external air, he shall cause such pail closet to be entirely separated and cut off from any room used for the manufacture, preparation, storage or sale of food for man, or used as a factory, workshop, workplace or public building, by means of a passage or lobby provided with a window of not less dimensions than 0.1858 square metres, exclusive of the frame, and opening directly into the external air. Such passage or lobby, in addition to such window, shall also be provided with adequate means of constant ventilation by at least one ventilating aperture, of not less dimensions than 13.3776 square metres, exclusive of any frame, built in an external wall of such passage or lobby;
Pail closets to be lit and ventilated and protected against entrance of flies
(e) He shall, whether the situation of such pail closet be or be not within such building, construct in one of the external walls of such pail closet an opening for light and ventilation of not less dimensions than 0.1858 square metres, situated as near to the top of such pail closet as convenient, and communicating directly with the external air, which opening shall be properly and efficiently covered with fly-proof gauze so as to prevent the entrance of flies;
Siting of pail closets
(f) He shall construct or provide such pail closet in such a manner and in such a position as to afford ready means of access to such pail closet for the purpose of cleaning the same and of removing filth therefrom, and in such a manner and in such a position as to admit of all filth being removed from such pail closet, and from the premises to which it may belong, without being carried through any domestic building or public building;
Pail closets to be built in accordance with a standard design
(g) He shall not construct or provide such pail closet otherwise than in accordance with the standard pattern approved by the Local Authority or with plans and specifications submitted to and approved by the Local Authority;
Only pails provided by Local Authority to be used
(h) When any premises are provided with pail closets, the owner or occupier shall not make use of any pail in such pail closets other than the pail supplied by the Local Authority, except with the written permission of that Authority, and shall pay the monthly charge made by the Local Authority for the provision of buckets as required;
Transfer of pails prohibited
(i) No person shall sell, hire or transfer to any premises or building any pail supplied by the Local Authority;
Pail closet to be provided with earth, etc.
(j) The occupier of any building containing any pail closet which is supplied with a pail shall provide a proper and sufficient supply of earth, sand, sifted ash or disinfectant for use in such closets;
Site of pail closet
(k) He shall not construct or provide such pail closet in such a position as to cause annoyance to the neighbouring occupiers or to depreciate neighbouring property.
PART XIV
PIT CLOSETS
90. Pit closets not to be constructed without permit from Local Authority
No person shall construct or provide latrine accommodation of the kind known as a pit closet or latrine accommodation situated over any hole or excavation in the ground, which hole or excavation is intended for the reception of human excreta, except where, in the opinion of the Local Authority, the site of such proposed accommodation and the character of the soil are in every respect suitable and satisfactory for such a purpose and the Local Authority shall have signified its approval thereof in writing, and then only subject to such conditions as the Local Authority may prescribe.
PART XV
MISCELLANEOUS
91. Notices, etc., may be printed or written
Notices and other documents under these Regulations may be in writing or print, or partly in writing and partly in print, and, if the same require authentication by the Local Authority, the Town Engineer or the Medical Officer of Health, the signature thereof respectively by the Town Clerk, Town Engineer, Medical Officer of Health, Health Inspector or District Secretary, as the case may be, shall be sufficient authentication.
Notices and other documents required or authorised to be served under these Regulations may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or, where addressed to the owner or occupier of premises, by delivering the same, or a true copy thereof, to some person on the premises, or, if there is no person on the premises who can be served, by fixing the same on some conspicuous part of the premises; they may also be served by post by a prepaid letter and, if served by post, shall prima facie be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving such service it shall be sufficient to prove that the notice or other document was properly addressed and put in the post.
93. Defect in form not to invalidate notices, etc.
No defect in the form of any notice or other document made under these Regulations shall invalidate or render unlawful any administrative action, or be a ground for exception to any legal proceedings which may be taken in the matter to which such notice or other document relates, but the requirements thereof must be substantially and intelligibly set forth.
Any person guilty of an offence against, or contravention of or default in complying with, any provision of these Regulations shall be liable, on conviction, to a fine not exceeding fifty kwacha and, if the offence, contravention or default is of a continuing nature, to a further fine not exceeding ninety penalty units for each day during which he shall make default.
[As by Act 13 of 1994.]
[Regulation 51]
REQUIREMENTS REGARDING WATER CLOSETS
Standard Test
1. Trap to be properly filled with water; coloured fluid to be poured into trap. Basin to be soiled with plumber's soil or liquid mud. Flush.
Basin must be so cleared as to leave water in basin clear and clean at the completion of one flush.
2. Trap to be properly filled with water. Four pieces of potato or apple to be placed in the trap, none of which shall exceed 5.08 centimetres in diameter. A piece of cotton waste, sponge or cloth to be placed in the trap, not to exceed 5.08 centimetres in diameter; also 3 pieces of toilet paper, crumpled up, to be placed in the trap and toilet paper to be placed over water surface and around sides of basin. Flush.
Basin must be completely cleared of all solids by one flush.
PUBLIC HEALTH (DRAINAGE AND LATRINE) REGULATIONS - APPLICATION
[Regulation 2]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
[Notices by the Minister]
The whole of the Regulations apply to-
City of Lusaka.(No. 47 of 1953)
City of Kitwe.(No. 47 of 1953)
Chingola Municipality.(No. 190 of 1946)
Chipata Township.(No. 21 of 1950)
Choma Township.(No. 287 of 1952)
Kabwe Municipality.(No. 47 of 1953)
Kafue Township.(No. 87 of 1952)
Kalomo Township.(No. 159 of 1957)
Kasama Township.(No. 273 of 1959)
Livingstone Municipality.(No. 88 of 1932)
Luanshya Municipality.(No. 47 of 1953)
Mansa Township.(No. 176 of 1960)
Mazabuka Township.(No. 205 of 1956)
Mbala Township.(No. 206 of 1959)
Mongu Township.(No. 105 of 1967)
Monze Township.(No. 14 of 1956)
Mufulira Municipality.(No. 47 of 1953)
Regulation 81 applies to all Municipalities and Townships. (No. 167 of 1943)
Regulations 12, 15, 16, 17 and 19 apply to Nkana Mine Township. (No. 199 of 1960)
PUBLIC HEALTH (TEA ROOMS, RESTAURANTS, BOARDING-HOUSES AND HOTELS) REGULATIONS
[Sections 75 and 82]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangements of Regulations
Regulation
7. Premises to be to the satisfaction of the Medical Officer of Health
10. Duties of persons to whom permits have been issued
13. Infectious persons not to be employed
14. Notification of infectious disease
15. Responsibility of person to whom a permit has been granted
17. Medical Officer of Health may exempt premises
Act 51 of 1963,
Act 13 of 1994,
GN 14 of 1933,
GN 12 of 1937,
GN 329 of 1950,
GN 172 of 1954,
GN 214 of 1960,
GN 250 of 1963,
GN 291 of 1964,
[Regulations by the Minister]
These Regulations may be cited as the Public Health (Tea Rooms, Restaurants, Boarding-houses and Hotels) Regulations.
The Minister may, by statutory notice, declare that on and after a date to be specified in such notice the whole of these Regulations or only such provisions thereof as are mentioned in such notice shall apply to the whole of or only such part of the district of any Local Authority as shall be defined in such notice.
[As amended by Act 291 of 1964]
In these Regulations, unless the context otherwise requires-
"permit" means a permit granted under these Regulations;
"restaurant" includes clubs which are registered under the Club's Registration Act and a tea room, hotel or boarding-house and means any premises where any article of food or drink is sold, or is prepared or cooked for sale, for consumption on the premises.
[As amended by Acts 12 of 1937; 329 of 1950; 172 of 1954; 250 of 1963 and 51 of 1963.]
No person shall use any premises as a restaurant unless he shall first have obtained a permit from the Local Authority entitling him to use them as such.
[Am by Act 329 of 1950.]
A permit may be issued for a period not exceeding one calendar year, and no permit shall continue in force beyond the 31st December in the year for which it was issued.
Any person desiring a permit shall send to the Local Authority a written application on a form to be obtained from the office of the Local Authority, and shall furnish all the information required by such form.
[Am by Act 329 of 1950.]
7. Premises to be to the satisfaction of the Medical Officer of Health
No permit shall be granted unless the Medical Officer of Health is satisfied that the premises in respect of which such permit is desired comply with the regulations governing such premises and are suitable for the purpose for which they are intended to be used.
No permit shall be transferable from the premises in respect of which it is granted to any other premises.
In any premises for which a permit has been granted there shall be provided to the satisfaction of the Medical Officer of Health-
(a) proper and effectual lighting and ventilation for all parts thereof;
(b) a proper and sufficient supply of pure water;
(c) proper and sufficient accommodation and conveniences for the preparation, cooking and storage of any articles of food or drink kept therein;
(d) satisfactory means for the washing of articles used in the business and effective means for the disposal of all liquid waste;
(e) a sufficient number of closets and urinals, with separate accommodation for each sex, to the satisfaction of the Medical Officer of Health;
(f) proper and sufficient ablution facilities for employees.
[As amended by Acts 329 of 1950 and 214 of 1960.]
10. Duties of persons to whom permits have been issued
The person to whom a permit has been issued in respect of any premises shall, to the satisfaction of the Medical Officer of Health-
(a) keep his premises and all culinary utensils, linen, furniture and other articles therein used in the course of his business in a thoroughly clean state;
(b) provide and sell only sound and wholesome food therein.
No person shall expectorate in or upon any part of any premises for which a permit has been granted or upon any of the fittings, fixtures, utensils or appurtenances used therein.
The Medical Officer of Health, Health Inspector or any person duly authorised in writing by the Medical Officer of Health may at any time enter upon and inspect any premises used or suspected of being used as a restaurant. In the course of such inspection, any such officer or person may examine any material, utensil and vessel which may be found on the premises, and the processes of cooking employed, and may take samples of any material or ingredient used and, for the purpose of such inspection, may make any inquiry he deems necessary. Any person who, directly or indirectly, wilfully hinders, obstructs, resists or refuses information or gives false or misleading information to any such officer or person in the course of such inspection shall be deemed to have contravened these Regulations.
[As amended by Act 329 of 1950.]
13. Infectious persons not to be employed
No person to whom a permit has been granted shall cause or allow any person (whether himself or another) suffering from any infectious or contagious disease to be employed in or about his premises or to handle in any way any article exposed for sale or assist in its preparation.
14. Notification of infectious disease
Every person to whom a permit has been granted shall forthwith inform the Medical Officer of Health of the occurrence of any infectious or contagious disease among any of the persons employed or residing on his premises, and shall comply with any directions the Medical Officer of Health or Health Inspector may give for the purpose of preventing the spread of disease.
15. Responsibility of person to whom a permit has been granted
Any person to whom a permit has been granted shall be responsible for the due observance of these Regulations on the premises in respect of which the permit has been granted, and any breach thereof by any person in respect of any premises shall be deemed to be a breach by the person authorised in respect of such premises.
A copy of these Regulations, which may be obtained on application to the Medical Officer of Health, shall be fixed and maintained in some conspicuous place on all premises in respect of which a permit has been granted.
17. Medical Officer of Health may exempt premises
Notwithstanding anything contained in these Regulations, the Local Authority, on the recommendation of the Medical Officer of Health, may exempt premises in any portion of its area of control from complying with any or all of these Regulations.
[Am by 250 of 1963.]
Any person guilty of an offence against or in contravention of, or default in complying with, any of these Regulations shall be liable, on conviction, to a fine not exceeding seven hundred and fifty penalty units, and, if the offence, contravention or default is of a continuing nature, to a further fine not exceeding ninety penalty units for each day during which he shall make default:
Provided that the court before which any such conviction may be obtained may, in addition to or in substitution for any of the aforesaid penalties, revoke or suspend any permit.
[Am by Act 13 of 1994.]
PUBLIC HEALTH (TEA ROOMS, RESTAURANTS, BOARDING-HOUSES AND HOTELS) REGULATIONS - APPLICATION
[Regulation 2]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
2. Declaration of application of Regulations
SI 112 of 1975.
[Notices by the Minister]
This Notice may be cited as the Public Health (Tea Rooms, Restaurants, Boarding-houses and Hotels) Regulations (Application) Notice, and shall come into operation on the 23rd day of July, 1975.
2. Declaration of application of Regulations
It is hereby declared, that on and after the date of commencement of this Notice, the whole of the Public Health (Tea Rooms, Restaurants, Boarding-houses and Hotels) Regulations shall apply to the whole of every district of every Local Authority in the Republic.
[Am by SI 112 of 1975.]
PUBLIC HEALTH (BUILDING) REGULATIONS
[Sections 75 and 114]
Arrangement of Regulations
Regulation
4. Adjoining buildings-entry-underpinning and shoring
5. Application prior to erection of building
6. Plans and what they should show
7. Plans, etc., for erection of machinery
8. Grounds on which plans may be disapproved
10. Area to be covered by buildings
11. Period for commencement of erection
12. Period for completion of erection
14. Permit required before occupation of new buildings
15. Permission to occupy portion of building
16. Stores and shops to be rendered rat-proof
17. Ruinous buildings: alteration or demolition
19. Doors and windows opening outwards
20. Building on offensive site
22. Design and decoration to conform
23. Dwellings to have separate and independent access to a street
26. Construction of footings to walls
27. Damp-proof course in walls
29. Party walls not to have any openings therein
30. Strength and materials of walls
31. Protection of walls from weather
33. Metal work to be approved and protected if required
40. External walls of buildings
41. Frontage on sanitary lane or passage
43. Area and situation of windows in domestic buildings and dwellings
44. Ventilation of public buildings
45. Drainage of plot and buildings
46. Provision of water closets or latrines
47. Sinks, baths, etc., to be trapped
49. Local Authority may grant permits for temporary buildings
Act 51 of 1963,
GN 173 of 1933,
GN 110 of 1934,
GN 24 of 1935,
GN 75 of 1935,
GN 14 of 1937,
GN 253 of 1949,
GN 330 of 1950,
GN 153 of 1951,
GN 305 of 1953,
GN 170 of 1954,
GN 254 of 1957,
GN 16 of 1959,
GN 353 of 1959,
GN 291 of 1964,
GN 497 of 1964,
[Regulations by the Minister]
These Regulations may be cited as the Public Health (Building) Regulations.
The Minister may, by statutory notice, apply all or any of these Regulations to any township, mine township or private township specified or to any area defined in the said notice, which may exempt from the operation thereof any area or buildings situated therein as the Minister may prescribe.
[Am by Act 291 of 1964.]
In these Regulations, unless the context otherwise requires-
"building line" means a line drawn across a plot beyond which no building or permanent structure, except a boundary wall of approved design, or a fence or the like enclosing the plot, may be erected or set up within the area contained between such line and the regular line of the street on which the plot has frontage;
"building of the warehouse class" means a warehouse, shop factory, manufactory, brewery or distillery and includes a store or godown;
"cement" means Portland cement complying in all respects with the British standard specification from time to time in operation;
"cement concrete" means concrete composed of cement incorporated with clean gravel and suitable stone or other clean and suitable material, mixed with a sufficient quantity of sharp sand or grit in the proportion by measure of at least one part of cement to eight parts of such other material;
"cement mortar" means mortar composed of cement and clean sharp sand or grit or other clean and suitable material, mixed in the proportion by measure of not less than one part of cement to five parts of sand, grit or other suitable material;
"concrete" means-
(a) cement concrete; or
(b) concrete composed of good hydraulic lime thoroughly incorporated with clean gravel and suitable stone or other clean and suitable material, mixed with a sufficient quantity of sharp sand or grit in the proportion by measure of at least one part of lime to five parts of such other material;
"cross wall" means a wall used or constructed to be used in part of its height as an inner wall of a building for separation of one part from another part of the building, that building being wholly in, or being constructed or adapted to be wholly in, one occupation;
"domestic building" means a building used or constructed or adapted to be used in whole or in part for human habitation or a shop or an office or any combination thereof, or any other building not being a public building or a building of the warehouse class, but does not include a traditional hut;
"dwelling-house" means a building or any part or portion of a building used or constructed or adapted or designed to be used for human habitation as a separate tenancy or by one family only, whether detached, semi-detached, or built continuously in groups or terraces, or a tenement or flat or a building separated by party walls or by floors from adjoining buildings, together with such outbuildings as are reasonably required to be used or enjoyed therewith, but does not include a traditional hut;
"external wall" means an outer wall or vertical enclosure of a building, not being a party wall, even though adjoining a wall of another building;
"foundation" , applied to a wall having footings, means the solid ground or artificially formed support on which the footing of a wall rests;
"internal open space" means a space which is surrounded or is liable to become surrounded with buildings or erections of any description, either wholly or to such an extent that the free passage of air throughout such space is or may be insufficiently provided for;
"lime mortar" means mortar composed of good lime of suitable quality and clean sharp sand or grit or other clean and suitable material, mixed in the proportion by measure of not less than one part of lime to three parts of grit or other suitable material;
"party wall" means-
(a) a wall forming part of a building and used or constructed to be used in any part of its height or length for the separation of adjoining buildings; or
(b) a wall forming part of a building and standing in any part of its length, to a greater extent than the projection of the footings on one side, on ground of different owners;
"plot" means a piece of land shown as a plot on a general plan of a township or area filed in the office of the Surveyor-General;
"store" means a building which, according to the original application and plans therefor, is designed for the storage of foodstuffs or any other material;
"to erect a building" means-
(a) to erect a new building;
(b) to erect, re-erect, add to, alter or convert a building, or to cover an open space between walls and buildings;
"traditional hut" means any domestic building or dwelling-house to which the provisions of regulation 50 apply;
"width" , applied to a street, means the whole extent of space reserved to be used or laid out so as to admit of being used as a public way.
[As amended by Acts 14 of 1937; 170 of 1954 and 51 of 1963.]
4. Adjoining buildings- entry-underpinning and shoring
(1) For the purposes of this regulation, "building owner" means an owner who proposes to erect or is erecting a building, the plans and specifications of which have been approved by the Local Authority.
(2) Where a building owner proposes to erect a building in close proximity to any other building (such other building being the property of another owner) and it is necessary for him to excavate or dig out the ground against the wall of such other building, the building owner shall at his own cost shore up and underpin such wall to its full thickness and to the full depth of such excavation with proper and sufficient material in a workmanlike substantial manner. For the purpose of this sub-regulation, a building owner, his servants, agents or workmen may, at reasonable hours, enter on the premises of the owner of such other building. In any such case, the building owner shall pay compensation for any disturbance of business or for any damage or injury caused by such entry.
(3) If, for the purpose of erecting a wall in close proximity to the existing wall of any other building as aforesaid, it be necessary to cut away any projection or part of such existing wall (such as footings, chimney breasts, chimney shafts or other projections beyond the vertical face of such existing wall), such projection or part being, in fact, an encroachment on the land of the building owner, the building owner may so cut away at the expiration of at least one week's written notice, which he shall give to the owner of such other building. The parts from which any such brick, stone or concrete work is so cut away shall be again made good in a workmanlike substantial manner; and the building owner shall use reasonable care in such cutting away and making good; but all such work shall be done at the cost and risk of the owner of such other building:
Provided that, if the owner of such other building shall, before the expiration of such notice, give to the building owner notice in writing that he desires to carry out such work of cutting away and making good, he shall be entitled to do so at his own cost, and may enter on the land of the building owner for that purpose; but, if such work be not completed by him within one month after such expiration, the building owner may proceed to do or complete the same as hereinbefore provided.
(4) Where, under this regulation, one person claims to recover the cost of work or to recover compensation from another person, the claimant shall, within fourteen days after completion of the work, serve upon such other person a written account of the cost (including the cost of all preliminary and incidental operations). Such account shall give detailed particulars of the class of work done, quantities and cost at current rates, and shall allow reductions for the value at current prices of such materials, the property of such other person, as have been won by excavation or by pulling down or cutting into any wall or projection.
5. Application prior to erection of building
(1) No person shall erect or begin to erect any building until he has-
(a) Made an application to the Local Authority in Form 1 in the Schedule, to be obtained from the Local Authority;
(b) Furnished the Local Authority with the drawings and other documents specified in the following regulations;
(c) Obtained from the Local Authority a written permit, to be called a "building permit", to erect the building, together with a signed copy of the plan approved by the Local Authority, as hereinafter provided. Such permit shall be in Form 2 in the Schedule and shall be signed by the Local Authority or its authorised agent and shall entitle the holder to erect the building in accordance with such approved plan and subject to all conditions imposed by these Regulations. Any subsequent modification or alteration that it is proposed or necessary to make in such approved plan shall be submitted to the Local Authority for approval in the same manner as the original plan, and no such modification or alteration shall be made in the construction of the building until it has been approved by the Local Authority and the particulars thereof endorsed on the original building permit and signed plan.
Fees
(2) The person making application for the approval of plans and specifications shall lodge these with a fee according to a scale fixed by the Local Authority and approved by the Minister.
[As amended by Act 291 of 1964.]
6. Plans and what they should show
(1) Every person who intends to erect a building shall, except where otherwise provided, send or deliver to the Local Authority two copies of a plan of each floor and sections of each storey, floor and roof of the building and elevations drawn in a clear and intelligible manner, to a scale of not less than 2.54 centimetres to every 2.4384 metres. He shall show upon the plans, sections and elevations the following particulars-
(a) The position, form and dimensions of the foundations, walls, floors, roofs, rooms, chimneys, and the several parts of the building including outside kitchen, servant's quarters, stables, garages, etc., in such detail and to such an extent as may be necessary to show that the buildings comply with any of the regulations which apply to them:
(b) The form and dimensions of any water closet, earth closet, privy or cesspool to be constructed in connection with the building;
(c) The level of the site of the building and the level of the lowest floor of the building and the level of any street adjoining the curtilage of the building in relation to one another and above some known datum;
(d) Any plans, drawings, documents or information that the Local Authority may require;
(e) The truncation of any corner formed by the intersection of any street and the setting back or adaptation of the proposed building to conform with the requirements of these Regulations.
(2) He shall also send or deliver to the Local Authority copies of a block plan of the building drawn in a clear and intelligible manner to a scale not less than 2.54 centimetres to every 15.24 metres and showing-
(a) The size and position of the building in its relation to the boundaries of the plot to be built upon and, so far as may be necessary to show compliance with any of the regulations which apply to the building, of the appurtenances of the properties immediately adjoining the building;
(b) The position and width of any street, adjoining the curtilage of the building, so far as may be necessary to show compliance with any of the regulations which apply to the building;
(c) The size and position of any yard or open space belonging to the building;
(d) The position of any water closet, earth closet or privy, and of any cesspool and well in connection with the building;
(e) The lines of drainage of the building and the size, depth and inclination of each drain and the means to be provided for the ventilation, inspection and cleansing of the drains;
(f) The position and level of the outfall of the drains and the position of any sewer with which the drainage is intended to be connected or, where no sewer is provided, the means to be adopted for the disposal of all liquid waste produced in the building:
Provided that the Local Authority may in its discretion in any particular case dispense with the submission of plans.
[As amended by Act 14 of 1937.]
7. Plans, etc., for erection of machinery
Every person who intends to erect any machinery shall satisfy the Local Authority that the foundations, supports, shafting, brackets, etc., are of sufficient strength to ensure the safety of the building, and that proper guards are provided for the protection of employees, and shall submit plans and a description thereof to the satisfaction of the Local Authority.
8. Grounds on which plans may be disapproved
(1) The Local Authority may disapprove of plans or applications to erect a building or machinery on any of the following grounds-
(a) That they show a contravention of these Regulations or of any rules or regulations for the time being in force in the township;
(b) That the system of drainage of the proposed building or of the plot or sub-plot upon which the building is to stand is not, in the opinion of the Local Authority, satisfactory;
(c) That sufficient facilities for access of sanitary carts are not, in the opinion of the Local Authority, provided;
(d) That, in the case of a building to be erected on a plot on which a building or buildings already stand, no scheme of plot subdivision has been sanctioned by the Government, or that such building is not in conformity with a scheme of plot subdivision which has been so sanctioned;
(e) That latrine accommodation and, where considered necessary by the Local Authority, servant's accommodation are not adequately provided for;
(f) That the site upon which it is proposed to build is, in the opinion of the Medical Officer of Health, or, if no such officer is available, of the Local Authority, unfit for human habitation;
(g) That they do not adequately provide for the strength and stability of the building, nor for the sanitary requirements thereof;
(h) That the site of any of the proposed buildings on the plans is such that the erection of such buildings would contravene or render abortive any town planning scheme or proposed town planning scheme for the township;
(i) That the plan is not accompanied by an undertaking in writing by the person submitting such plan that the building operations will be supervised by a qualified architect or other competent person approved by the Local Authority so as to ensure that the building complies with the plan.
Special circumstances in which the Local Authority may withhold approval of plans
(2) In any case where the Local Authority is satisfied that any building, though the plan thereof is not open to disapproval on any of the grounds specified in this regulation, is nevertheless likely to become objectionable, the Local Authority may withhold approval of such plan.
In certain circumstances work may be commenced before plans have been approved
(3) If, within thirty days of the receipt of any plans or application or further particulars delivered in accordance with these Regulations, the Local Authority shall fail to intimate to the person submitting such plans its disapproval or the fact that it has not yet approved of the building or work which the said person intends to erect, the person submitting the plans may proceed with such building or work in accordance with the plans, but not so far as to contravene any other of the provisions of these Regulations.
Quality and signature of plans
(4) All plans and drawings shall be furnished in duplicate and shall be of a quality approved by the Local Authority. Both sets shall be signed on every sheet by the person intending to erect the building, or his agents, and the architect. On the plans being approved, one set shall be returned to the applicant and the other retained by the Local Authority and become its property.
(5) In the event of any person failing to comply with an undertaking given by him in accordance with sub-regulation (1) (i), the Local Authority may arrange for the necessary supervision for which there shall be payable by such person to the Local Authority a fee not exceeding 2 per centum of the cost of the building erected.
[As amended by Acts 110 of 1934; 24 of 1935 and 153 of 1951.]
(1) The building line, when fixed by the Local Authority in relation to any street or part thereof, shall be marked upon a plan, or clearly described in a resolution of the Local Authority; and such plan or resolution shall be open for inspection by the public free of charge during the office hours of the Local Authority.
(2) Alteration may be made by the Local Authority where the levels or depth of the allotment or other exceptional conditions of a site or the nature of a building make it necessary or expedient to alter the building line in respect of any part of the building or buildings.
* Certain plots in the City of Kitwe were exempted, on conditions, from the provisions of this regulation by G.N. Nos. 130 and 246 of 1948.*10. Area to be covered by buildings
(1) Public buildings, buildings of the warehouse class and domestic buildings, not used, adapted or designed as dwelling-houses, shall not be so erected that more than two-thirds of such plot on which each building stands or is to stand shall be built over:
Provided that the space to be left on which no buildings shall be built shall in no case be less than 27.87 square metres in area and that the minimum distance across the open space shall not be less than 3.6576 metres.
(2) Buildings used or adapted or designed to be used as dwelling-houses shall not be so erected that more than one-half of such plot on which each building stands or is to stand shall be built over. In the case of dwelling-houses appearing, in the opinion of the Local Authority, to be erected, adapted or designed to be used entirely as hotels or clubs, sub-regulation (1) only shall apply:
Provided that the provisions of this regulation may be varied by the Local Authority, subject to the area of any such building complying with any condition the Local Authority may impose and the Director of Medical Services being satisfied that public health will not be prejudiced.
[As amended by Act 253 of 1949;170 of 1954 and No. 51 of 1963.]
11. Period for commencement of erection
The person to whom the Local Authority has granted a permit to erect any building shall commence the same within six calendar months of the date of such permit; should he fail to do so, the said permit shall be deemed to have lapsed as if the same had not been given.
12. Period for completion of erection
If the work for which a permit has been granted be not completed within twelve months of the granting of such permit, the Local Authority may give notice in writing to the person concerned therein that, unless the building is completed by a date to be specified in such notice, the permit given shall be deemed to have lapsed:
Provided that nothing in this regulation shall prevent any person affected thereunder from making a fresh application for a permit as prescribed by these Regulations.
(1) The Local Authority or its authorised officers, the Medical Officer of Health and Health Inspector shall have power to inspect any building in course of erection or completion, and, if any portion or detail thereof shall be found not to comply with any of these Regulations, may, by written notice, require the person erecting the building to make, within a time to be specified in such notice, such alteration as may be necessary to comply with these Regulations, and any failure to comply with such notice shall be deemed a breach of this regulation.
(2) If any person erects or begins to erect any building without having obtained the permit required by these Regulations, or, in the erection of any building, contravenes any of the provisions of these Regulations, or, having obtained a permit, constructs the building in part or in whole according to a plan which has not been approved by the Local Authority, or fails to comply with any notice served upon him in pursuance of sub-regulation (1), the Local Authority may, in addition to any other proceedings that may be taken for a breach of these Regulations, require, by written notice, such person to demolish and remove such building or any part thereof or to make such alteration in such building as it may prescribe within a time to be specified in the said notice. Further, in the same or another notice, the Local Authority may notify such person that, if such requirement is not complied with within the specified time, the Local Authority will itself enter upon the premises and carry out such demolition, removal or alteration. If such requirement is not complied with, the Local Authority may act in accordance with the terms of such notice and may recover all costs and expenses incurred by it in that behalf from the person who has failed to comply with such requirement.
14. Permit required before occupation of new buildings
(1) The applicant or his authorised agent shall give notice in writing to the Local Authority when the building is completed, and no person shall occupy or suffer to be occupied any new building until such building has been certified by the Local Authority and, where available, by a Medical Officer of Health to be, in their opinion, in every respect fit for occupation, or, in the case of a domestic building or dwelling-house, fit for human habitation.
(2) The Local Authority shall cause an inspection of the building to be made within forty-eight hours from the date of completion.
15. Permission to occupy portion of building
Where a Local Authority is satisfied that it is not unreasonable to occupy a portion of any building before the completion of the whole building, and, where available, a Medical Officer of Health agrees to such occupation, the Local Authority may authorise the granting of a certificate for the occupation of such portion only.
[Am by 16 of 1959.]
16. Stores and shops to be rendered rat-proof
Every person who erects a new building which includes a shop or store used or intended to be used for business purposes and for containing or storing grain, forage or other foodstuffs, hides, material or articles likely to attract or harbour rats or mice shall erect such shop or store so as to be as rat-proof as possible and to the satisfaction of a Medical Officer of Health or, where such officer is not available, of the Local Authority.
17. Ruinous buildings: alteration or demolition
(1) When any building or part thereof has, in the opinion of the Local Authority or a Medical Officer of Health, become ruinous or dilapidated, or unfit for use or occupation, or is, from neglect or otherwise, in a condition prejudicial to the public health or safety, the Local Authority or Medical Officer of Health may, by notice to be served upon the owner, or, if the owner cannot be found or is not in Zambia, upon the occupier (if any), or, if there is no occupier and the owner cannot be found or is not in Zambia, by affixing such notice upon the premises, require such owner or occupier to make, within a reasonable time to be specified in the notice, such alterations or repairs as the Local Authority or Medical Officer of Health may consider necessary and, until such alteration or repairs are carried out, may prohibit the use of such building or part thereof for any specified purpose and, if, in the opinion of the Local Authority or Medical Officer of Health, such building or part thereof ought to be demolished or removed, the Local Authority or Medical Officer of Health may give notice accordingly in the manner aforesaid.
(2) The failure of the owner or occupier to carry out any such order shall be deemed a breach of this regulation and, in addition to any other proceedings that may be taken, the Local Authority may, and, if required by the Medical Officer of Health in writing, shall enter upon the premises and make such alterations or repairs or demolish or remove the building or part thereof, as the case may be, and may recover the cost thereof from the owner or occupier:
Provided that any person upon whom such notice requiring demolotion, removal, repairs or alterations is served may, prior to the expiration of the time therein specified, apply to any magistrate for a summons calling upon the Local Authority or Medical Officer of Health to show cause why the said notice should not be rescinded or varied, and, upon the hearing of the said summons, the magistrate may confirm, rescind or vary the said notice.
(1) No hoardings shall be erected in any street or on any land except with the written permission of the Local Authority and then only under such conditions as to erection or removal thereof as it shall allow.
(2) No part of, or fixture attached to, any building abutting on a street shall overhang or project into such street:
Provided that the Local Authority may permit, on such terms as in each case it may think fit, the owner or occupier of any building abutting on a street to erect or put up a hanging sign, balcony, verandah, sunshade or other structure projecting from any upper storey over any street or portion thereof.
19. Doors and windows opening outwards
The Local Authority may at any time, by written notice, require the owner of any premises on the ground floor of which any door, gate, bar, window or other structure opens towards or upon a street or upon any land required for the improvement of a street, in such manner as, in the opinion of the Local Authority, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar, window or other structure altered so as not to open outwards.
20. Building on offensive site
No new building shall be erected on any site which has been filled up by or has been used as a place for the deposit of excremental matter or the carcasses of dead animals or other filthy or offensive matter, until such matter shall have been properly removed or otherwise dealt with to the satisfaction of the Local Authority and a Medical Officer of Health, either of whom may require the whole of any site to be covered with a layer of concrete or other impermeable material. Where, on the site of a building, there is any made-up ground or other unsuitable soil, the walls of such building shall rest upon a layer of concrete of sufficient dimensions to support it, and, when considered necessary by the Local Authority, the whole site of the building shall be covered with concrete.
(1) No building which abuts on a street-
(a) more than 18.288 metres wide shall be built so that any portion of it projects above an imaginary line drawn towards it at a vertical angle of 60 degrees from the opposite side of such street;
(b) less than 18.288 metres wide shall be built so that any portion of it projects above an imaginary line drawn towards it at a vertical angle of 70 degrees from the opposite side of such street.
Conformity with adjacent buildings and with building line
(2) Every person who erects a new building shall erect the same only in such position on the site of the plot as to be in general conformity with such adjacent or contiguous buildings as the Local Authority may direct and any street or building line laid down or to be laid down by the Government or Local Authority. He shall also erect such new building to a design or plan not inferior to the general class and character of such buildings as the Local Authority may direct in the same neighbourhood within which such new building is proposed to be erected; and, further, he shall erect such new building to a level suitable to the land upon which such new building is proposed to be erected, having regard to the levels of any existing or proposed street or road and the levels of existing buildings.
[As amended by Act 353 of 1959.]
22. Design and decoration to conform
If the facing material or decoration shown on the drawings or used in any building in course of erection is, in the opinion of the Local Authority, of such quality or design as to appear aesthetically unsuitable, the Local Authority shall have power, subject to appeal to the Minister, to call upon the owner to amend, alter or substitute such facing material or decoration in such manner as will be compatible with other facing material or decoration in the township in which the building is situated.
[As amended by Act 291 of 1964.]
23. Dwellings to have separate and independent access to a street
No person shall erect a building intended, adapted or designed to be used wholly or partially for human habitation so that any portion thereof which constitutes a dwelling-house shall be without a separate and independent lane or passage.
(1) No dwelling-house shall contain any basement or cellar or any room or part of a room below ground floor level without the sanction of the Local Authority, which may be granted subject to such conditions as the Local Authority may think fit.
(2) For the purpose of this regulation, "basement" means a storey or portion of a storey, partly below ground level, the ceiling of which is not less than 1.524 metres above the adjoining ground (irrespective of any excavation made to comply with these Regulations), and "cellar" means a storey or portion of a storey, below ground level, the ceiling of which is less than 1.524 metres above the adjoining ground.
Every person who erects a new building shall construct every wall or pier of the building so as to rest upon solid undisturbed rock or upon proper footings or, if the thickness of the wall does not exceed 9 inches (exclusive of any cavity in a wall constructed as a hollow wall), upon a layer of good cement concrete of sufficient width and thickness laid on the solid ground, or upon a sufficient bressummer, or upon some other solid and sufficient substructure as a foundation.
26. Construction of footings to walls
Every person who erects a new building and so constructs any wall or pier as to rest upon footings shall-
(a) Cause such footings to rest upon solid undisturbed rock or upon good concrete of sufficient width and thickness, or upon some other solid and sufficient substructure, as a foundation;
(b) Cause the projection at the widest part of the footings of a wall, on each side thereof, to be at least equal to one-half of the thickness of the wall at its base, unless an adjoining wall or pier interferes, in which case the projection may be omitted;
(c) Cause the diminution of the footings to be in regular offsets, or in one offset at the top of the footings, and the height from the bottom of the footings to the base of the wall to be at least equal to two-thirds of the thickness of the wall at its base;
(d) Cause the footings of a pier on every side thereof to be constructed in accordance with the regulations applicable to the footings of the wall comprising the pier.
27. Damp-proof course in walls
Every person who erects a new public building, or a new domestic building, or a new building of the warehouse class in which it is intended to employ any person in any manufacture, trade or business, shall cause every wall (including any pier forming part of a wall) of the building to have an effective damp-proof course of sheet lead, asphalt or vitrified stoneware, or a double course of impervious slates or blue bricks laid to break joint and bedded in cement mortar, or of other not less durable material impervious to mousture, beneath the level of the lowest timbers, and, where there is a solid floor, not higher than the upper surface of the concrete or other similar solid material forming the structure of the floor, and, in any case, at a height of not less than 15.24 centimetres above the surface of the ground adjoining the wall or pier.
Floors may be made of concrete, stone, good sound burnt brick, wood or other material approved by the Local Authority:
Provided that, in the case of wooden floors on the ground floor of a building, the Local Authority may require the concreting of the ground underneath and the rat-proofing or mosquito-proofing of any space between the floors and the ground.
29. Party walls not to have any openings therein
(1) A party wall shall not have any openings in such part thereof as shall be within the roof nor, except with the written consent of the Local Authority, in any other part.
Inflammable materials
(2) A person who erects a new building shall not place in any party wall of the building any wooden bressummer, beam, joist, purlin or plate or any bond timber, and shall not construct the roof of the building so that any timber or woodwork extends upon or across any party wall thereof:
Provided that-
(i) laths and tile or slate battens properly embedded in good cement, in good cement or lime mortar, or in other equally incombustible material, may extend upon or across a party wall;
(ii) the end of any wooden bressummer, beam, joist, purlin or plate or any bond timber may be placed in a party wall, if it does not extend beyond the centre line of the party wall and is either encased in brickwork or other solid and incombustible material not less than 10.16 centimetres in thickness, or has every part which is placed in the party wall properly encased in an iron beam box with a solid back.
[As amended by Act 14 of 1937.]
30. Strength and materials of walls
Every wall shall be of sufficient strength and shall be constructed in such a manner and of such materials as the Local Authority may approve.
31. Protection of walls from weather
Every wall built of concrete, concrete block, stone, good sound burnt brick or other similar material shall be properly bonded and solidly put together with mortar, and all return walls and partition walls shall be properly bonded to the walls adjoining them. Where the top of the wall is exposed to weather, it shall be properly protected so as to prevent the access of damp or water to the wall.
(1) All external and party walls of domestic buildings or dwelling-houses which are built of good sound hard bricks, or of blocks of hard incombustible material, laid in cement or lime mortar, shall generally be of not less than the following thickness:
Exceeds in height (metres) | Does not exceed in height (metres) | Exceeds in length (metres) | Does not exceed in length (metres) | Thickness |
||
- | 4.522 | - | - | 22.86 for the whole of its height. |
||
4.572 | 7.62 | - |
| 22.86 for the whole of its height. |
||
9.144 | 13.716 | 34.29 in the lowest storey; 22.86 for the rest of its height. |
||||
- | 7.62 | 22.86 for the whole of its height. |
||||
7.62 | 10.668 | 34.29 in the lowest storey; 22.86 for the rest of its height. |
||||
7.62 | 9.144 | 10.668 | 13.716 | 34.29 in the lowest and the next storey; 22.86 for the rest of its height. |
||
10.668 | 34.29 in the lowest and next storey. |
|||||
9.144 | 12.192 | 10.668 | 13.716 | 45.72 in the lowest storey, then 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||
9.144 | 45.72 up to the floor of the topmost storey; 22.86 for the rest of its height. |
|||||
9.1 44 | 1 0.668 | 45.72 in the lowest storey, then 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||||
12.192 | 15.24 | 10.668 | 13.716 | 45.72 in the lowest and next storey, then 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||
9.144 | 45.72 in the lowest storey, then 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
|||||
9.144 | 10.668 | 45.72 in the lowest and next storey, then 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||||
15.24 | 18.288 | 10.668 | 13.716 | 45.72 in the lowest storey; 34.29 for the rest of its height. |
||
9.144 | 57.15 in the lowest storey; 45.72 in the next storey, then 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
|||||
9.144 | 10.668 | 57.15 in the lowest storey; 45.72 in the next two storeys, then 34.29 up to the floor of the top-most storey; 22.86 for the rest of its height. |
||||
18.288 | 21.336 | 10.668 | 13.716 | 57.15 in the lowest storey; 45.72 in the next two storeys; 34.29 for the rest of its height. |
||
- | 9.144 | 68.58 in the lowest storey; 57.15 in the lowest storey; 45.72 in the next two storeys, then 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||||
9.144 | 10.668 | 68.58 in the lowest storey; 57.15 in the next storey; 45.72 in the next 3 storeys; 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||||
21.336 | 24.384 | 10.668 | 13.716 | 68.58 in the lowest storey; 57.15 in the next storey; 45.72 in the next 3 storeys; 34.29 for the rest of its height. |
||
- | 9.144 | 68.58 in the lowest storey; 57.15 in the next storey; 45.72 in the next two storeys; 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||||
9.144 | 10.668 | 68.58 in the lowest storey; 57.15 in the next storey; 45.72 in the next 3 storeys; 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||||
24.384 | 27.432 | 10.668 | 13.716 | 68.58 in the lowest storey; 57.15 in the next storey; 45.72 in the next 3 storeys; 34.29 for the rest of its height. |
||
- | 9.144 | 68.58 in the lowest storey; 57.15 in the next 2 storeys; 45.72 in the next 2 storeys, then 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||||
9.144 | 10.668 | 68.58 in the lowest storey; 57.15 in the next 2 storeys; 45.72 in the next 3 storeys, then 34.29 up to the floor of the topmost storey; 22.86 for the rest of its height. |
||||
27.432 | 30.48 | 10.668 | 13.716 | 68.58 in the lowest storey; 57.15 in the next 2 storeys; 45.72 in the next 3 storeys; 34.29 for the rest of its height. |
(2) In the case of buildings other than domestic buildings and dwelling-houses, the walls shall generally be of not less than the following thicknesses:
Exceeds in height (metres) | Does not exceed in height (metres) | Exceeds in length (metres) | Does not exceed in length (metres) | Thickness at base (centimetres) |
|
- | 6.096 | - | - | 34.29 |
|
- | 18.288 | 34.29 |
|||
6.096 | 9.144 | 18.288 | - | 45.72 |
|
- | 18.288 | 45.72 |
|||
9.144 | 12.192 | 18.288 | - | 57.15 |
|
- | 18.288 | 57.15 |
|||
12.192 | 18.288 | 18.288 | - | 68.56 |
|
18.288 | 24.384 | - | - | 80.01 |
|
24.384 | 30.48 | - | - | 91.44 |
Top storey
(3) For the purposes of this regulation, "top storey" means the topmost 3.6576 metres of any wall, and no wall of any top storey shall exceed 3.6576 metres in height.
Cross walls
(4) The thickness of a cross wall shall be not less than two-thirds of that required for an external party wall.
Partition walls
(5) An internal partition wall built in brick which extends through one storey only, if it carries no load, may be built not less than 11.43 centimetres in thickness in brick or dressed stone. Such a wall shall not be deemed to be a cross wall. This sub-regulation does not apply to recesses in walls.
Definition of cross walls
(6) The length of a wall shall be deemed to be its length between cross walls or buttresses. For the purposes of this regulation, a wall shall not be deemed a cross wall unless it be carried up to the top of the topmost storey, and unless in each storey the aggregate extent of the vertical faces or elevation of all openings therein taken together shall not exceed one-half of the whole extent of the vertical face of the wall in such storey, except such wall be sufficiently strengthened as provided in sub-regulation (7).
Openings in cross walls
(7) If any openings or recesses are left or made in a wall to an extent greater than one-half of the superficial area of the wall of any storey, or if any openings or recesses are left or made which extend into two or more storeys, the wall shall be strengthened to the satisfaction of the Local Authority by sufficient pilasters, buttresses or counterforts or otherwise. For the purpose of this sub-regulation, a recess includes any part of a wall which is of less than the thickness prescribed for a wall of that description.
Concrete blocks
(8) Where concrete blocks are used in the construction of the walls of a building, they shall conform with the following standards:
(a) The minimum strength of concrete used for their manufacture shall be: cement, one part; sand, three parts; stone, six parts;
(b) Hollow blocks shall not be used under a concentrated load, but solid blocks or a solid pier shall be substituted.
Stone walls
(9) The thickness of the walls built of masonry other than ashlar shall be one-third greater than the dimensions given above for brick walls, but in no case shall be less than 22.86 centimetres thick.
Internal cross walls without load
(10) Any internal cross wall not supporting roof or floor beams or other load may be thinner to the extent of one-fourth than the thickness prescribed in the foregoing table.
Height of walls
(11) The height of a storey other than a top storey shall be measured from the level of the upper surface of the floor to the level of the upper surface of the floor next above it, or, in the case of one-storeyed buildings or of the top storey of a building, to the underside of the tie of the roof or other covering, or, if there be no tie, then up to the level of half the vertical height of the rafters or other support of the roof.
Steel frame and reinforced concrete buildings
(12) In the case of the erection of buildings of steel framework or reinforced concrete or the making of any addition or alteration to such buildings, and where the dead loads and superimposed loads of, in or upon a building are transmitted to the foundations by a series of steel stanchions or reinforced concrete pillars, beams, arches or other suitable construction, any enclosing walls of concrete or other suitable material between such pillars may be of any thickness not less than 10.16 centimetres:
Provided that such enclosing walls are designed and constructed, to the satisfaction of the Local Authority, to resist any loads and pressures they may have to carry.
(13) The Local Authority may, with the approval of the Minister, accept thicknesses of walls other than those stated in sub-regulations (1) and (2) if, in its opinion, such other thicknesses will provide reasonable stability.
[As amended by Act 305 of 1953 and 291 of 1964.]
33. Metal work to be approved and protected if required
All steel, iron or other metal work used in the construction of a building shall, in respect of strength and other qualities, be approved by the Local Authority. Where required by the Local Authority, all such metal shall be surrounded and suitably protected against fire by cement or other fire-proofing material at least 2.54 centimetres thick.
All timber and woodwork shall be properly protected from the attacks of insects, when necessary in the opinion of the Local Authority.
(1) Every beam shall be of sufficient strength and shall have a sufficient bearing at each end arranged so that the load is properly transmitted to the supports.
(2) Wooden lintels shall have a depth of at least three-quarters of a centremetre for every metre of span of opening with a minimum of 7.62 centimetres. In all spans of 1.2192 metres or over, relieving arches or concrete lintels shall be inserted.
(1) Every person who erects a new building shall cause every bressummer to be borne by a sufficient template of stone, iron, concrete, terracotta or vitrified stoneware of the full breadth of the bressummer, and to have a bearing in the direction of its length of 10.16 centimetres at least at each end.
(2) He shall also, if necessary, cause the bressummers to have such storey posts, iron columns, stanchions, or pins of brick, stone or other equally suitable material on a solid foundation under the same, as may be sufficient to carry the superstructure.
(1) Every person who erects a new building for any of the purposes enumerated in the first column of the table appended to this regulation shall make the structure of every floor of such building of sufficient strength and stability to carry safely, in addition to the weight of the floor itself and any other part of the structure of such building supported by such floor, the corresponding dead load in the second column of the said table:
Provided that a deduction up to 20 per centum of the specified loads may be sanctioned if the Local Authority is satisfied as to the excellence of the design and of the material and workmanship to be employed in construction. This proviso does not apply to floors subject to rhythmic vibration.
Column 1 | Column 2 |
||||
For floor intended to be used wholly for the purpose of | or partially Dead load, kilograms per 0.0929 square metre | ||||
Attics in dwelling-house.... .. .. .. .. | 22.5 | ||||
Artisan's dwelling-house.. .. .. .. ... | |||||
Domestic purpose.... .. .. .. .. | 31.5 | ||||
Human habitation.. | |||||
Private dwelling-house . . .. .. | |||||
Common lodging-house bedrooms . . | 37.8 | ||||
Hotel bedrooms .. .. .. | |||||
Hospital and other wards .. .. .. .. | |||||
Counting house .. .. .. .. | 45.0 | ||||
Offices .. .. .. .. .. | |||||
Other similar purposes .. .. .. | |||||
Art galleries .. .. .. .. .. | |||||
Places of public worship .. .. .. .. | |||||
Concert rooms .. .. .. .. .. | |||||
Lecture rooms .. .. .. .. .. | 50.4 | ||||
Library reading-rooms .. .. .. .. | |||||
Meeting halls .. .. .. .. .. | |||||
Music halls .. .. .. .. .. | |||||
Public assembly (fixed seats) .. .. .. | |||||
Theatres .. .. .. .. .. | |||||
Workshops (light loads) .. .. .. | |||||
Retail shops (light goods) .. .. .. .. | 67.5 | ||||
Ballrooms .. .. .. .. .. | |||||
Drill rooms .. .. .. .. .. | |||||
Similar floors subject to vibration . . . . | |||||
Factories (medium loads) .. .. .. .. | 90.0 | ||||
Retail shops (heavy loads) .. .. .. .. | |||||
Book stores at libraries .. .. .. | |||||
Museums .. .. .. .. .. | 100.8 | ||||
Warehouses .. .. .. .. .. |
Column 1 | Column 2 |
|
For floor intended to be used wholly or partially for the purpose of | Dead load, kilograms per 0.0929 square metre | |
Attics in dwelling-house .. .. .. .. | 22.5 |
|
Artisan's dwelling house .. .. .. .. | ||
Domestic purpose .. .. .. .. .. | 31.5 |
|
Human habitation .. .. .. .. .. | ||
Private dwelling-house .. .. .. .. | ||
Common lodging-house bedrooms .. .. .. | 37.8 |
|
Hotel bedrooms .. .. .. .. .. | ||
Hospital and other wards .. .. .. .. | ||
Counting house .. .. .. .. .. | 45.0 |
|
Offices .. .. .. .. .. .. .. | ||
Other similar purposes .. .. .. .. | ||
Art galleries .. .. .. .. .. .. | ||
Places of public worship . . . . . . . . | ||
Concert rooms . . . . . . . . . . . . | ||
Lecture rooms .. .. .. .. .. .. | ||
Library reading rooms.. .. .. .. .. | 50.4 |
|
Meeting halls .. .. .. .. .. .. | ||
Music halls .. .. .. .. .. .. | ||
Public assembly (fixed seats) .. .. .. .. | ||
Theatres .. .. .. .. .. .. | ||
Workshops (light loads) .. .. .. .. | ||
Retail shops (light goods) .. .. .. .. | 67.5 |
|
Ballrooms .. .. .. .. .. .. | ||
Drill rooms .. .. .. .. .. .. | ||
Similar floors subject to vibration .. .. .. | ||
Factories (medium loads) .. .. .. .. | ||
Retail shops (heavy loads) .. .. .. .. | 90.0 |
|
Book stores at libraries .. .. .. .. | ||
100.8 |
||
Museums .. .. .. .. .. .. | ||
Warehouses . . . . . . . . . . . . |
(2) Every other floor shall be constructed of sufficient strength and stability to the satisfaction of the Local Authority.
(1) In all cases where smoke or hot air is generated adequate provision shall be made for conveying such to 0.3048 metres above the ridge of the building in which the smoke or hot air is generated, except in the case of the proposed chimney or shaft being less than 6.096 metres away from an existing building. In such case, the chimney must be carried up to 0.3048 metres above the level of the ridge of such existing building.
(2) In the event of the owner of an existing building, referred to in sub-regulation (1), proposing to increase the height of such building, the onus of increasing the height of the chimney or shaft referred to in the said sub-regulation will fall on such owner.
No chimney shaft, boiler, hot water or stream installation shall be erected without the written consent of the Local Authority and such detail, etc., shall be supplied as the Local Authority may require.
40. External walls of buildings
(1) Every building intended to be used as a dwelling-house or as a place of habitual occupation for any person shall be so constructed that at least so much of the walls of every room as is equal to one-fifth of the perimeter thereof shall either be an external wall or abut on an internal space open to the sky.
Internal open space
(2) The width of such internal open space shall, measured in any direction, be equal to the height of the wall of the room it abuts on measured from the floor level to the highest part of such room, with a minimum of 3.048 metres.
Space between buildings and boundary of plot
(3) Every external wall of a building, built in conformity with sub-regulation (1), shall have between it and the boundary line of the adjacent plot an open space extending throughout the entire length of such wall, at least 3.048 metres wide; save that, in cases where a sanitary lane adjoins the boundary of a plot, servant's quarters and latrines may be built up to such boundary, if such quarters do not open on to the sanitary lane, and the floor level of any such latrine is not less than 0.3048 metres above the ground level, and satisfactory provision is made for the drainage of all liquid waste from such latrine:
Provided that in the case of existing semi-detached or terrace housing built on a single plot where external walls would, after any proposed division of the plot, be less than 3.048 metres from the proposed party boundary, the Local Authority may in its discretion exempt each unit of housing from the provisions of this sub-regulation and may in its discretion attach conditions to such exemption.
(4) No building shall be erected in such a manner as, in the opinion of the Local Authority, to block out light or ventilation from another building.
(5) Every open space, whether exterior or interior, required by this regulation shall be kept free from any erection thereon and open to the sky, and shall be kept open to access.
[As amended by Act 353 of 1959.]
41. Frontage on sanitary lane or passage
(1) No building shall, unless with the written permission of the Local Authority, be so erected as to have a frontage upon a sanitary lane or passage.
Local Authority has power to determine sanitary lanes and passages
(2) The Local Authority shall have power in every case to determine whether any street is a sanitary lane or passage, and its decision shall be final:
Provided that no street measuring more than 9.144 metres in width shall in any circumstances be deemed to be a sanitary lane or passage.
[As amended by Act 75 of 1935.]
Every habitable room in any new building shall have a floor area of not less than 8.361 square metres and no horizontal dimension shall be less than 2.1336 metres:
Provided that-
(i) every habitable room in a building shall have a minimum average height from floor to ceiling of at least 2.5908 metres with a minimum height of 2.4384 metres from the floor to the point of junction of the ceiling with the wall;
(ii) the provisions of proviso (i) shall not apply to any habitable room which is wholly or partly in a roof of a building; such room shall be at least 2.4384 metres in height from floor to ceiling over an area of 75 per centum of the floor area of the room measured at 1.8288 metres above floor level;
(iii) with the approval of the Local Authority, kitchenettes, sculleries and laundries may have a smaller area than 8.361 square metres.
[Am by 357 of 1965.]
43. Area and situation of windows in domestic buildings and dwellings
(1) Every person who erects a domestic building shall construct in every habitable room, hall or enclosed area of such building one window, at the least, opening directly into the open air. Such person shall cause the total area of such window or, if there be more than one, of the several windows, clear of the frames, to have an area equal to at least one-tenth of the superficial floor area of such room, hall or other enclosed area, with an increase in such window area, if any window be placed under a verandah, of 11/2 per centum of floor area for each 0.3048 metres of width of verandah over 1.524 metres. Such person shall also construct every such window so that one-half, at the least, may be opened, and so that the opening may extend in every case to the top of the window.
Space between buildings and boundary of plot
(2) Every person who erects a domestic building shall cause every habitable room and every passage of such building to be properly and efficiently cross-ventilated.
(3) Notwithstanding the requirements specified in this regulation, the Local Authority may permit, in connection only with buildings other than dwellings, alternative approved mechanical lighting and ventilation facilities.
[As amended by Act 330 of 1950 and 254 of 1957.]
44. Ventilation of public buildings
(1) Every person who erects a new public building shall cause such building, to the satisfaction of the Local Authority, to be efficiently cross-ventilated by means of windows or fanlights or air bricks or tubes distributed around the building in such positions and in such a manner as to secure effective changes of air, and arranged so as to communicate directly with the external air.
Ventilation and lighting of buildings of the warehouse class
(2) Every person who erects a new building of the warehouse class shall cause such building to be provided with proper and efficient lighting by means of glazed windows, and with proper, adequate and efficient means of cross-ventilation, to the satisfaction of the Local Authority.
45. Drainage of plot and buildings
The owner of any plot shall make adequate provision, to the satisfaction of a Medical Officer of Health, for the satisfactory carriage and disposal of all rain-water, surface water, waste water or sewage from the plot or from any building thereon, and for this purpose the Local Authority may require such owner to make such connection with the main drainage system of the township as it may think fit, or may itself make such connection and recover the cost thereof from such owner.
[As amended by Act 14 of 1937.]
46. Provision of water closets or latrines
(1) Every new building shall be provided with sufficient closets or latrines in accordance with the requirements of a Medical Officer of Health or Local Authority, so situated as to be conveniently accessible to all persons employed or accommodated therein. Every closet or latrine erected shall be of the type and materials approved by the Local Authority with the written sanction of a Medical Officer of Health, where such officer is available.
(2) Every water closet or latrine provided for a building shall be so placed as to permit of its thorough ventilation and lighting and shall be separated by a well-lighted and ventilated passage from any kitchen, living room or work room.
47. Sinks, baths, etc., to be trapped
All sinks, baths and other water fittings shall be trapped to the satisfaction of the Local Authority, and the traps shall have a water seal of at least 3.81 centimetres.
(1) The following buildings shall be exempt from the operation of regulations 25 to 32 and 42 to 44, inclusive-
(a) any building erected and used or designed according to the original application and plans therefor to be used exclusively as a conservatory or plant house;
(b) any building, being a detached building, erected and used or constructed or designed according to the original application and plans therefor to be used exclusively for a poultry house, garden tool house, cycle shed, motor garage, summer house or aviary;
(c) all railway buildings including railway station buildings and goods sheds, but exclusive of other buildings of the warehouse class and exclusive of domestic buildings.
(2) Special provisions and exemptions for timber frame structures
Any building hereinafter described shall be exempt from the operation of regulations 31, 32 and 33, that is to say: any building of one storey, each wall of which shall be provided with a proper damp- and white-ant-proof course as required by the regulation in that behalf, and the external wall of which shall be constructed of properly framed timber framing and covered externally with some impervious fireproof material, and the external wall of which shall, to a height of not less than 30.48 centimetres above the surface of the ground adjoining such wall-
(a) be constructed of-
(i) good cement concrete at least 22.86 centimetres wide; or
(ii) good stone, bricks or other hard and suitable material at least 22.86 centimetres wide and properly bonded and solidly put together; or
(b) be carried upon-
(i) sufficient piers constructed of good cement concrete 22.86 centimetres wide or of good stone, bricks or other hard and suitable material at least 22.86 centimetres wide, properly bonded and solidly put together; or
(ii) metal or timber standards of sufficient strength.
Every such pier or standard shall be covered with a sheet metal cap projecting 7.62 centimetres at least beyond the face of such piers on every side.
Timber frame structure to be 3.048 metres from adjoining plot boundary
(3) The distance of any part of such building from the boundary of any adjoining plot or sub-plot shall not be less than 3.048 metres.
All dwelling-houses to be separated by party walls
(4) Where any such building forms or is intended to form part of a block of new dwelling-houses, the dwelling-houses shall be separated by party walls which shall, notwithstanding anything hereinbefore contained, be constructed in accordance with the requirements of the regulations in that behalf.
Buildings of combustible material to be at least 25 feet from other buildings or adjoining plot boundary
(5) Any such building at and over a height of 30.48 centimetres from the surface of the ground may have all or any of its external walls covered on the outside partly or wholly with combustible material, if such building is at least 7.62 metres from any other building and from the boundary of any adjoining plot or subplot.
(6) All corrugated iron and wood used in the construction of walls, roofs or fences in connection with any building to which this regulation applies which have been previously used for the structure of other works shall be in good, proper and sightly condition.
49. Local Authority may grant permits for temporary buildings
Notwithstanding anything contained in the foregoing regulations, it shall be lawful for the Local Authority to grant permits for any specified period not exceeding twelve months for temporary buildings on such obligations both as to removal thereof and otherwise and generally upon such terms as may be prescribed, and the foregoing regulations shall not apply to any building erected under such a permit unless by express stipulations.
(1) No person shall erect any traditional hut or commence to erect any traditional hut or make any additions, extensions or structural alterations thereto unless he shall have obtained a permit in writing from the Local Authority.
(2) The person to whom a permit has been issued shall erect the hut in respect of which the permit shall have been given in accordance with the terms of such permit and on the site indicated by the Local Authority.
(3) The person to whom a permit has been granted by the Local Authority shall complete the building within six months; in the event of failure to do so, a fresh permit must be obtained.
(4) Permits issued shall state the dimensions of the huts and the area of the plot to be left unbuilt upon.
(5) Each compartment of any hut used for sleeping purposes shall have a superficial floor area of not less than 9.29 square metres, and shall be provided with such window space and means of ventilation as shall equal one-tenth of the floor area. The height of the walls shall not be less than 2.4384 metres.
(6) Before granting a permit, the Local Authority shall be satisfied that sufficient wholesome water supply and sanitary accommodation are available.
[As amended by Act 330 of 1950.]
[Regulation 5]
PRESCRIBED FORMS
FORM 1
APPLICATION TO ERECT A BUILDING
For office use only
Plan submitted
Registered No. of plan
Date of registration
To,
The Local Authority
....................................................................
I beg to submit herewith plans, sections and elevations for a ..........................................................................................................
(state if new building, alteration, addition or sanitary reconstruction) to be used as (state whether a domestic building or for what purpose this building will be used) to be executed by me on Plot No ........................... such plot having frontage to ......................
I also submit the following proposed means of construction and other particulars:
External walls to be built of ........................................................................................
Internal walls to be built of ..........................................................................................
Mortar in walls to be composed of .............................................................................
Damp course to be of .................................................................................................
Foundations to be of ...................................................................................................
Mortar in foundations to be composed of ...................................................................
Roof to be constructed of............................................................................................
Water supply from ......................................................................................................
Drainage to sewer/permeable cesspit/impermeable cesspit/septic tank. (Erase words which do not apply)
In the case of septic tanks, state how the effluent will be disposed of...................................
Material of drain pipes..............................................................................................................
Closet accommodation (state type) Indoor ............................................................................
Outdoor ...................................................................................................................................
Name of Architect or Draughtsman ........................................................................................
Address of above ....................................................................................................................
Name of Builder (if known) .....................................................................................................
Signature of Owner or Agent Address of Owner or Agent ......................................................
NOTE. - Extra particulars as required by the Local Authority are to be furnished in regard to public buildings, high buildings, fireproof structures and buildings in which machinery is used.
SUBMISSION OF PLANS
All plans to be submitted to the Local Authority.
All drawings to be made on cloth, or paper, as required by the Local Authority. All drawings to be signed by the Owner or his Agent.
All drawings to be accompanied by application form duly completed as required by the Local Authority.
All drawings to be submitted in duplicate and to be of a quality approved by the Local Authority.
DRAWINGS REQUIRED
Scale one-eighth inch to one foot. Plans of each floor or level, having thickness of walls shown in figures.
Section through building (more than one if building is large or if required by Local Authority).
Scale one-quarter inch to one foot or larger scale. Sections if required by Local Authority of floors and roofs, verandahs and balconies, stairs, iron or steel beams, pillars and principal timbers, pavements, openings, etc., on public streets.
Scale one inch to fifty feet or larger scale. Block plan as follows: To show plot on which buildings are to be erected.
To show plots immediately adjoining and names of the owners thereof. To show buildings, existing or proposed, on all these plots.
To show numbers of these plots and names of the streets upon which they abut.
To indicate of what materials existing buildings are composed, i.e. bricks, wood and iron or stone, etc.
To show lines of drainage, giving size and fall of drains.
To show level and width of the street or streets upon which the proposed buildings will abut with reference to their ground floor level.
FORM 2
Office of the Local Authority, .........................................
PUBLIC HEALTH (BUILDING) REGULATIONS
BUILDING PERMIT
Permission is hereby given to (1).......................................................to erect a building as a (2).........................................on (3).........................................in accordance with the plans attached hereto and with all conditions imposed by the above Regulations.
..................................................... (Name of Officer issuing Permit) Date..................................................
(1) Name and description of applicant.
(2) Short description of building, e.g. dwelling-house, shop and dwelling-house, factory, etc. (Modify to suit circumstances.)
(3) Description of situation.
PUBLIC HEALTH (BUILDING) REGULATIONS - APPLICATION
[Regulation 2]
[Notices by the Minister]
The whole of the Regulations apply to-
City of Lusaka.(No. 55 of 1953)
City of Kitwe.(No. 55 of 1953)
Chingola Municipality.(No. 191 of 1946)
Chipata Township.(No. 152 of 1950)
Choma Township.(No. 249 of 1950)
Kabwe Municipality.(No. 55 of 1953)
Kafue Township.(No. 181 of 1957)
Kalomo Township.(No. 153 of 1957)
Kasama Township.(No. 280 of 1959)
Luanshya Municipality.(No. 55 of 1953)
Mansa Township.(No. 173 of 1960)
Mazabuka Township.(No. 25 of 1954)
Mbala Township.(No. 227 of 1959)
Mongu Township.(No. 107 of 1967)
Monze Township.(No. 90 of 1954)
Mufulira Municipality.(No. 55 of 1953)
Farm No. 722, Drummond Park, Livingstone District. (No. 214 of 1957)
Regulation 50 applies to-
That area which is adjacent to the Livingstone Municipality, as follows:
Starting at Mile Peg 964 in the Zambia Railways 91.44 metres Strip Reserve, the boundary runs in a straight line east-south-eastwards along the Livingstone Beer Area cut-line boundary on a bearing of 105 degrees for a distance of approximately 9326.8 metres to a point where it meets the right bank of the Nansanzu River; thence down the right bank of this river for approximately 6400.8 metres; thence crossing the Nansanzu River the boundary follows the western boundary of Reserve No. XXV Baleya in a southerly direction to where it crosses the Lutwa Stream; thence southwards down the Lutwa Stream to its confluence with the Songwe Stream; thence in a southwesterly direction down the Songwe Stream to its confluence with the Zambezi River; thence in a straight line westwards to the nearest point in the Zambezi River on the International boundary between Southern Rhodesia and Zambia; thence in a general northwesterly direction upstream along the said International boundary to a point thereon nearest to and opposite the junction of the left banks of the Zambezi and Sinde rivers; thence in a straight line northwards to that junction of the river banks; thence following the left bank of the Sinde River in a north-easterly direction to Beacon No. F239 thereon, the southwestern corner beacon of Farm No. 722 Drummond Park; thence eastwards along the southern boundary of this farm to Beacon No. F236; thence in a straight line east-north-eastwards for a distance of approximately 10607.0 metres to Mile Peg 964, the point of starting.
The Livingstone Municipality and the Victoria Falls Conservancy Area do not form part of the above described area and are hereby specifically excluded therefrom.
The above described area in extent approximately 41,200 acres is shown bordered red on Plan No. 223 deposited in the office of the Surveyor-General.
[No. 116 of 1950]
PUBLIC HEALTH (CONTROL OF HABITATION IN FACTORIES, WORKSHOPS AND TRADE PREMISES) REGULATIONS
[Section 75]
Arrangements of Regulations
Regulation
3. Prohibition as to use, etc.
4. Power of Local Authority to grant permit
GN 275 of 1952,
[Regulations by the Minister]
These Regulations may be cited as the Public Health (Control of Habitation in Factories, Workshops and Trade Premises) Regulations.
The Minister may, by statutory notice, declare that on and after a date specified in such notice the whole of these Regulations shall apply to the whole of or only to such part of the area of any Local Authority as shall be specified in such notice.
[As amended by 291 of 1964.]
3. Prohibition as to use, etc.
No person shall use any factory, workshop or trade premises for residential or sleeping purposes except as provided in these Regulations.
4. Power of Local Authority to grant permit
The Local Authority, on the advice of the Medical Officer of Health, may grant to the owner or occupier of any factory, workshop or trade premises permission in writing to use any part of the premises for residential or sleeping purposes or both such purposes if such part of the premises is suitable for the purpose and complies with the provisions of regulation 42 of the Public Health (Building) Regulations and with any other relevant provisions of or regulations made under the Act, or regulations or by-laws made, or deemed to be made, under the Local Government Act.
The owner or occupier of any factory, workshop or trade premises who suffers such premises to be used in such manner as to contravene any of the provisions of these Regulations shall be guilty of an offence and shall on conviction be liable to a fine not exceeding seven hundred and fifty penalty units.
[Am by Act 13 of 1994.]
PUBLIC HEALTH (CONTROL OF HABITATION IN FACTORIES, WORKSHOPS AND TRADE PREMISES) REGULATIONS - APPLICATION
[Regulation 2]
[Notices by the Minister]
The whole of the Regulations apply to-
City of Lusaka.(No. 375 of 1953)
City of Kitwe.(No. 375 of 1953) City of Ndola.(No. 375 of 1953)
Chingola Municipality.(No. 375 of 1953)
Chipata Township.(No. 375 of 1953)
Choma Township.(No. 375 of 1953)
Kabwe Municipality.(No. 375 of 1953)
Kafue Township.(No. 333 of 1957)
Kalomo Township.(No. 375 of 1953)
Kasama Township.(No. 273 of 1959)
Livingstone Municipality.(No. 375 of 1953)
Luanshya Municipality.(No. 375 of 1953)
Mansa Township.(No. 176 of 1960)
Mazabuka Township.(No. 375 of 1953)
Mbala Township.(No. 206 of 1959)
Mongu Township.(No. 112 of 1967)
Monze Township.(No. 375 of 1953)
Mufulira Municipality.(No. 375 of 1953)
Pemba Township.(No. 375 of 1953)
PUBLIC HEALTH (ABATTOIR AND TRANSPORT OF MEAT) REGULATIONS
[Section 82]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
4. Outside slaughter houses: approval necessary
5. Meat conveyed into district of Local Authority to be examined and passed
6. Suitable vehicles to be used for transport and meat protected
7. Stamping and passing of meat
8. Obstructing examination of meat
9. Local Authority shall fix hours of slaughtering
10. Persons using abattoir shall obey regulations and lawful orders
12. Owner's responsibility for animals brought to abattoir
13. Interference with animals in abattoir
14. Animals awaiting slaughter to be fed and watered
15. Humane methods of slaughter
16. Prohibition of straying animals in abattoir
17. Animals to be slaughtered without delay
18. Animals to be slaughtered within 36 hours
20. Prevention of the fouling of floors
21. Responsibility of owners for cleansing abattoir after use
22. Sumps and receptacles to be emptied according to instructions of Local Authority
23. Prohibition of unauthorised persons entering the abattoir
24. Cleanliness in person and clothes required in persons using the abattoir
25. Medical Officer of Health can call for inspection of all persons employed in abattoir
27. Introduction of diseased animals
28. Carcasses found or suspected of being diseased to be placed in special area
29. Portions of meat not to be removed from carcasses until inspected
30. Disposal of condemned meat
32. Any authorised officer can cut up carcass when inspecting
33. Suspension of all or any of these Regulations
Act 51 of 1963,
Act 42 of 1992,
GN 78 of 1932,
GN 3 of 1934,
GN 12 of 1937,
GN 175 of 1954,
GN 135 of 1957,
GN 291 of 1964.
[Regulations by the Minister]
These Regulations may be cited as the Public Health (Abattoir and Transport of Meat) Regulations.
The Minister may, by statutory notice, declare that on and after a date to be specified in such notice the whole of these Regulations or only such provisions thereof as are mentioned in such notice shall apply to the whole or only such part of the district of any Local Authority as shall be defined in such notice.
[Am by 291 of 1964.]
In these Regulations, unless the context otherwise requires-
"abattoir" means all buildings, spaces, lairages and appurtenances within the abattoir site provided by the Government or Local Authority;
"animal" means bull, ox, bullock, cow, heifer, steer, calf, sheep, lamb, goat, pig or other quadruped commonly used for the food of man;
"butcher" means a person whose business it is to prepare for sale or to sell meat for the food of man;
"butcher's meat" means the flesh or offal of any bull, ox, bullock, cow, heifer, steer, calf, lamb, goat, pig or other quadruped intended for the food of man, but does not include canned meat or potted meat;
"Livestock Officer" means a Livestock Officer and Assistant Livestock Officer in the employment of the Government, and includes any person appointed by the Director of Veterinary Services to act as such within the district of one or more Local Authorities;
"Veterinary Officer" means the Director of Veterinary Services and any Government Veterinary Officer and includes any veterinary practitioner appointed by the Director of Veterinary Services to act as a Veterinary Officer in any area specified in such appointment.
[As amended by 12 of 1937; 175 of 1954 and Act 51 of 1963.]
4. Outside slaughter houses: approval necessary
No person shall introduce for sale into the district of the Local Authority any carcass (other than game) or butcher's meat of animals slaughtered outside the district of the Local Authority, unless such animals were slaughtered at places approved by a Medical Officer of Health or Veterinary Officer.
[Am by 135 of 1957.]
5. Meat conveyed into district of Local Authority to be examined and passed
Every owner or consignee of any butcher's meat or dead animals intended for the food of man which may be conveyed or transported into the district of the Local Authority for the purposes of sale shall submit such butcher's meat or dead animals for the purpose of examination and stamping or branding, between the hours appointed for the purpose by the Local Authority on any lawful trading day, at such places as the Local Authority may, from time to time, appoint:
Conditions governing carcasses brought in from outside
Provided that, except in so far as the Local Authority may allow in respect of meat and offal imported from a recognised place of slaughter and separated from other parts of the carcass, no such meat will be inspected or allowed to be brought within the district of the Local Authority except under the following conditions-
(a) The carcasses of pigs shall be brought for inspection whole with the head attached, and shall be accompanied with all the viscera, excepting the stomach, intestines and urinary bladder;
(b) The carcasses of calves, sheep, lambs and goats shall be brought for inspection whole:
Provided that the head may be detached if it be distinctly marked as to what carcass it belongs; and such carcasses shall be accompanied with all the viscera, excepting the stomach, intestines and urinary bladder;
(c) The carcasses of bulls, oxen, bullocks, cows, heifers or steers shall be brought for inspection whole, halved or quartered with the heads detached, but, in the latter case, the several portions of such divided carcasses must be brought for inspection distinctly marked by the owners, and so that, if more than one carcass so divided is brought, the inspector may know to what animals the several portions belong, and, further, the carcasses shall be accompanied with all the viscera, excepting the stomach, intestines and urinary bladder.
[As amended by 135 of 1957.]
6. Suitable vehicles to be used for transport and meat protected
(1) All meat conveyed within the district of the Local Authority as aforesaid shall be carried in suitable vehicles, and completely and efficiently protected from dust by means of a clean and suitable covering, which shall be thoroughly cleansed on each occasion immediately before use.
(2) All vehicles used for the transport of meat shall have the owner's name and address painted on a conspicuous part of the vehicle, in letters not less than two inches deep.
(3) No vehicle used for the transport of meat may be used for any other purpose without the approval of the Local Authority.
[As amended by 135 of 1957.]
7. Stamping and passing of meat
A person shall not offer or expose or deposit for sale or have in his possession for the purpose of sale or delivery within the district of the Local Authority butcher's meat, unless the same has been examined, branded, stamped or otherwise marked, and passed by the officers authorised by the Medical Officer of Health.
8. Obstructing examination of meat
A person shall not directly or indirectly, obstruct or resist the examination referred to in regulation 5, or refuse to answer or knowingly make false answer to any inquiry in connection therewith.
9. Local Authority shall fix hours of slaughtering
The Local Authority shall, from time to time, fix the hours during which the slaughtering of animals and the dressing and removal of carcasses may be carried out within the abattoir.
10. Persons using abattoir shall obey regulations and lawful orders
Every person employed in or using the abattoir shall be subject to the regulations herein concerning such abattoir and shall obey any orders lawfully given by the officer in charge or any other person appointed by the Local Authority.
A person shall not take spirits or intoxicating liquors into the abattoir, or be in possession of any spirits or intoxicating liquors therein.
12. Owner's responsibility for animals brought to abattoir
Owners of animals brought into the abattoir shall be responsible for such animals and shall make good any damage done by them therein.
13. Interference with animals in abattoir
No person shall, without the authority of the owner or the officer in charge, interfere with the animals in the abattoir:
Provided that any Medical Officer of Health, Veterinary Officer, Health Inspector or Livestock Officer shall, at all times, have free access to the animals for the purpose of inspection.
14. Animals awaiting slaughter to be fed and watered
All animals brought into the abattoir shall, while awaiting slaughter, be watered and treated with due and proper care by the owner or his representatives, and such owner or representative shall not suffer or cause such animals to be without food for more than twenty-four hours or without a sufficient quantity of wholesome water.
15. Humane methods of slaughter
Every person who shall slaughter or assist in the slaughtering of any animal shall adopt all practical means of ensuring the infliction of as little pain or suffering as possible, and to that end shall conform to and carry out all directions which shall be given, from time to time, by the Local Authority or its officers.
16. Prohibition of straying animals in abattoir
Animals shall not be allowed to stray at large within the abattoir, but shall be kept in the pens provided for that purpose.
17. Animals to be slaughtered without delay
Every person bringing or causing to be brought any animal to the abattoir shall cause the same to be slaughtered and the carcass thereof to be removed with the least possible delay.
18. Animals to be slaughtered within 36 hours
Animals shall not be permitted to be kept in the abattoir, awaiting slaughter, for a longer period than 36 hours.
A person shall not bring, keep or suffer to be brought or kept within the abattoir any dog, cat, fowl, duck or goose, or any animal not required on the premises, except those intended for slaughter for human consumption.
20. Prevention of the fouling of floors
Every person engaged in the killing or dressing of any animal shall cause the contents of the stomach and entrails of such animals to be emptied with the least possible delay into proper receptacles and shall take every possible care to prevent the fouling of the floors.
21. Responsibility of owners for cleansing abattoir after use
Every person engaged in slaughtering at the abattoir shall, as soon as possible after the completion of any slaughtering or dressing of the carcasses, remove all blood, manure, garbage, filth or other refuse products, and shall cause every part of the floor or pavement, and the surface of every wall or pillar or other portion of the chamber on which any blood, liquid or filth may have been spilt or splashed, or with which any offensive or noxious matter may have been brought in contact during the process of slaughtering or dressing any animal, and every article and appliance which may have been used in the slaughtering and dressing, to be thoroughly cleansed and washed immediately after the completion of such slaughtering or dressing, and shall so flush the floor and walls that no dirt or refuse shall remain on them, and that all such dirt or refuse shall flow into the sumpt provided for that purpose. The Local Authority may, if it thinks fit, engage a person or persons to perform the services enumerated herein and shall, in that case, charge a fee for each animal slaughtered, which fee shall be payable in advance.
22. Sumps and receptacles to be emptied according to instructions of Local Authority
All blood and refuse emptied into sumps or other receptacles shall be removed daily, as soon as the slaughtering and dressing are completed, to such places as may, from time to time, be appointed by the Local Authority, and shall be there disposed of in the manner laid down by the Local Authority.
23. Prohibition of unauthorised persons entering the abattoir
No persons other than those using or employed in the abattoir and any Medical Officer of Health, Veterinary Officer, Health Inspector or Livestock Officer shall be allowed in the abattoir without the permission of the officer in charge:
Provided that it shall be competent for the Local Authority, by means of an order, to grant such permission to any person.
24. Cleanliness in person and clothes required in persons using the abattoir
Every person employed in the slaughtering of animals or in the handling of carcasses or meat shall be clean in person and in good health, and shall, when handling carcasses or meat, wear a clean smock or overall and such other clean garments as the Medical Officer of Health may require.
25. Medical Officer of Health can call for inspection of all persons employed in abattoir
All persons employed in the slaughtering of animals or the handling of meat and carcasses shall submit themselves for medical examination to the Medical Officer of Health or Health Inspector when called upon to do so by the Medical Officer of Health. Notices calling for medical inspection shall be posted in some prominent position within the precincts of the abattoir.
26. Prohibition of persons suffering from infectious diseases or open sores and of persons not clean in person or clothing
No person suffering from any infectious or contagious disease, and no person who has been in contact with any person so suffering who has not been disinfected to the satisfaction of the Medical Officer of Health thereafter, and no person having any discharge, ulcer or sore, and no person whose body or clothing is not in a clean condition, shall be allowed to enter the abattoir, or shall be allowed in any way to take part or assist in the slaughtering or handling of animals or carcasses therein.
27. Introduction of diseased animals
Every person bringing into the abattoir, either by himself or his servants, any animal which is diseased or suspected of being diseased shall take the same to the place set apart for the reception of such animals, and shall immediately inform the responsible officer of the Local Authority.
28. Carcasses found or suspected of being diseased to be placed in special area
Any person slaughtering or assisting in slaughtering at the abattoir any animal which, after being slaughtered, is found or suspected of being diseased shall take the carcass thereof to the place set apart for the reception of the carcasses of diseased animals, and shall immediately inform the responsible officer of the Local Authority.
29. Portions of meat not to be removed from carcasses until inspected
No person shall cut away or remove from any carcass any portions thereof, diseased or otherwise, before inspection of the carcass by the Medical Officer of Health, Veterinary Officer, Health Inspector, Livestock Officer or person authorised in writing by the Medical Officer of Health or Veterinary Officer to carry out inspections of carcasses or meat.
30. Disposal of condemned meat
The carcasses of animals condemned on account of disease or other reason as unfit for human consumption shall be dealt with and disposed of by the owner thereof, in such manner as the Medical Officer of Health or Veterinary Officer shall direct.
The carcasses of animals submitted for examination and rejected on account of non-compliance with the conditions laid down in regulation 5 shall be dealt with and disposed of by the owner thereof in such manner as the Medical Officer of Health or Veterinary Officer shall direct.
[Am by 3 of 1934.]
32. Any authorised officer can cut up carcass when inspecting
Any duly authorised officer, when inspecting carcasses, either whole or in halves or quarters or otherwise, may cut into any portion of a carcass during the course of his inspection, and no liability shall be incurred by reason of anything which he does for the purposes of inspection or examination.
33. Suspension of all or any of these Regulations
To meet cases of emergency, the Medical Officer of Health or the Veterinary Officer may authorise the suspension of all or any of these Regulations.
Any person guilty of an offence against or contravention of, or default in complying with, any provision of these Regulations shall be liable, on conviction, to a fine not exceeding seven hundred and fifty penalty units, and, if the offence, contravention or default is of a continuing nature, to a further fine not exceeding ninety penalty units for each day during which the offence, contravention or default continues.
[Am by Act 13 of 1994.]
PUBLIC HEALTH (ABATTOIR AND TRANSPORT OF MEAT) REGULATIONS - APPLICATION
[Regulation 2 ]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
[Notice by the Minister]
The whole of the Regulations apply to-
City of Ndola.(No. 98 of 1932)
PUBLIC HEALTH (LIVINGSTONE ABATTOIR) (SLAUGHTER OF WESTERN PROVINCE CATTLE) REGULATIONS
[Section 82]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangements of Regulations
Regulation
3. Slaughter to be under control of Veterinary Department
5. Portions of carcasses to be incinerated
6. Precautions to be taken as ordered
7. Failure to obey order to be an offence
Act 13 of 1994,
GN 3 of 1939,
GN 497 of 1964.
[Regulations by the Minister]
These Regulations may be cited as the Public Health (Livingstone Abattoir) (Slaughter of Western Province Cattle) Regulations.
In these Regulations, unless the context otherwise requires-
"abattoir" means the municipal abattoir at Livingstone;
"cattle" means cattle exported from the Western Province of 3. Slaughter to be under control of Veterinary Department
No cattle shall be slaughtered except in the abattoir and under the direct supervision and control of an official of the Veterinary Department.
Cattle shall be slaughtered at such times as the official of the Veterinary Department controlling such slaughtering shall direct.
5. Portions of carcasses to be incinerated
The organs contained in the chest cavity and the parietal pleura and any other portions (including the whole) of the carcasses of cattle, as the official of the Veterinary Department supervising the slaughtering shall direct, shall be destroyed by being incinerated within the abattoir enclosure.
6. Precautions to be taken as ordered
Any official of the Veterinary Department may order the person in charge of the abattoir to take such precautions as such official may think fit to ensure that no cattle shall escape from the abattoir enclosure, and that the portions of carcasses which are to be destroyed under regulation 5 are efficiently incinerated.
7. Failure to obey order to be an offence
If the person in charge of the abattoir fails to carry out any order given by the official of the Veterinary Department under the last preceding regulation, he shall be guilty of a breach of these Regulations.
Any person committing or assisting in the commission of a breach of these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 750 penalty units.
[Am by Act 13 of 1994.]
PUBLIC HEALTH (MEAT, ABATTOIR AND BUTCHERIES) REGULATIONS
[Sections 82 and 114]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
PART I Regulation
4. No meat to be sold unless marked as fit for consumption
5. Obstruction of authorised officer
PART II 7. Abattoir provided by Local Authority
8. Persons slaughtering animals to comply with First Schedule
10. Examination by Veterinary Officer before slaughter
11. Animals awaiting slaughter to be fed and watered
13. Animals to be slaughtered without delay
14. Exclusion of animals not intended for slaughter
15. Prevention of fouling of floors
16. Persons slaughtering to cleanse abattoir after use
17. Cleanliness in person and dress
21. Disposal of suspected or diseased carcasses
22. Local Authority to fix days for slaughtering
PART III 24. Exclusion from abattoir of persons convicted of obstruction
25. Meat Inspector to comply with Second Schedule
27. Meat Inspector to comply with Third Schedule
28. Meat Inspector to mark meat passed as fit
29. Meat Inspector to seize meat not passed as fit
30. Unauthorised persons not to interfere with seized carcasses
31. Owner to be notified of seizure
32. Voluntary surrender of seized meat
33. Seized meat not voluntarily surrendered
34. Seized meat found fit for consumption
35. Disposal of seized meat found unfit for consumption
36. No responsibility for loss due to decomposition
37. No compensation for meat lawfully disposed of
PART IV 39. Marking of carcasses brought in from outside
40. Seizure of meat brought in unlawfully
41. Meat to be transported in suitable vehicles
42. Vehicles to comply with Sixth Schedule
43. Owner's name to be shown on vehicle
PART V 44. Butcheries to be approved by Local Authority
45. Conditions to be complied with by butcheries
46. Duties of butchers in respect of butcheries
48. Separate butchery for uncleaned offal
50. Prohibition of animals in butcheries
51. Exclusion of persons suffering from communicable disease
52. Occurrence of communicable disease to be reported
PART VI Act 51 of 1963,
Act 13 of 1994,
GN 154 of 1940,
GN 213 of 1943,
GN 139 of 1946,
GN 326 of 1950,
GN 172 of 1952,
GN 169 of 1954,
GN 136 of 1957,
GN 291 of 1964,
SI 45 of 1966,
SI 92 of 1992.
[Regulations by the Minister]
PART I These Regulations may be cited as the Public Health (Meat, Abattoir and Butcheries) Regulations.
The Minister may, by statutory notice, declare that on and after a date to be specified in such notice the whole of these Regulations or only such provisions thereof as are mentioned in such notice shall apply to the whole or only such part of the district of any Local Authority as shall be defined in such notice.
[Am by 291 of 1964.]
In these Regulations, unless the context otherwise requires-
"abattoir" means a place provided by the Government or by the Local Authority or approved by the Local Authority for the slaughter of animals intended for sale for the food of man and includes all buildings, lairs, stalls and spaces within the abattoir site;
"animal" means bull, ox, bullock, cow, heifer, steer, calf, sheep, lamb, goat or other quadruped commonly used for the food of man;
"butcher" includes the owner, occupier and manager of a butchery; "butchery" means any premises in which is carried on any of the "meat" means the flesh or offal or other part used or intended for the food of man derived from any animal as defined above, but does not include canned meat, potted meat, bacon or ham;
"Meat Inspector" means any suitably qualified person employed by any Local Authority to act as Meat Inspector or any other suitably qualified person authorised in writing by the Director of Medical Services to act as such.
"offal" means the skin, head, horns, feet, trotters, stomach and intestines from any animal as defined above;
"cleaned offal" means offal which has been cleaned and skinned or scraped to the satisfaction of the Medical Officer of Health;
"uncleaned offal" means offal which has not been cleaned and skinned or scraped to the satisfaction of the Medical Officer of Health.
[As amended by 139 of 1946; 169 of 1954; Act 51 of 1963 and S.I. 42 of 1992.]
4. No meat to be sold unless marked as fit for consumption
(1) From the commencement of the whole or any part of these Regulations no person shall expose, offer, deposit or accept for sale or for consumption in a restaurant or sell or deliver within any area to which these Regulations apply any meat unless the same has been examined and stamped or branded or otherwise marked as may be approved by the Local Authority as having been passed by the Meat Inspector as fit for use as the food of man.
(2) For the purposes of this regulation, "restaurant" includes a tea room, hotel or boarding-house and means any premises where any article of food or drink is sold, or is prepared or cooked for sale, for consumption on the premises.
[As amended by Act 136 of 1957.]
5. Obstruction of authorised officer
No person shall directly or indirectly obstruct or resist the Meat Inspector, the Medical Officer of Health, the Veterinary Officer or other duly authorised officer in the lawful execution of any of the provisions of these Regulations.
Where any question shall arise as to whether any carcass or meat was intended for sale or was intended for the food of man, the onus of proof that such carcass or meat was not so intended shall rest upon the owner of such carcass or meat.
PART II 7. Abattoir provided by Local Authority
Where an abattoir is available in the area of a Local Authority, no person shall slaughter any animal the flesh of which is intended for sale for the food of man in any other place within the area of the Local Authority.
8. Persons slaughtering animals to comply with First Schedule
Every person engaged in the work of slaughtering animals the flesh of which is intended for sale as food of man and every person engaged in the dressing of carcasses intended for such purpose or engaged in any way in the preparation of such carcasses or of meat derived therefrom shall comply with the instructions in the First Schedule.
No person shall bring any dead or dying animal into any abattoir without first obtaining the written consent of the Veterinary Officer.
10. Examination by Veterinary Officer before slaughter
When such is thought necessary by the Meat Inspector and the same is reasonably practicable, an animal intended for slaughter for sale as the food of man shall be examined by a Veterinary Officer before slaughter and for this purpose the Meat Inspector may prohibit the slaughter of any animal until such examination shall have been made, provided that slaughter may not be delayed more than 24 hours for this purpose.
11. Animals awaiting slaughter to be fed and watered
All animals brought into the abattoir shall be fed, watered and treated with due and proper care by the owner or his representative, and such owner or his representative shall not suffer or cause such animals to be without food for more than 24 hours nor to be at any time without a sufficient quantity of wholesome water.
No animal shall be allowed to stray at large within the abattoir but shall be kept by the owner in the pens provided for that purpose.
13. Animals to be slaughtered without delay
Every person bringing or causing any animal to be brought to the abattoir shall cause the same to be slaughtered and the carcass thereof, if passed, to be removed with the least possible delay, and in no case may any animal be kept in the abattoir awaiting slaughter for a longer period than 36 hours.
14. Exclusion of animals not intended for slaughter
No person shall bring or keep or suffer to be brought or kept within the abattoir any animal save those intended for slaughter for the food of man.
15. Prevention of fouling of floors
Every person engaged in the slaughter of any animal or the dressing or preparation of any carcass shall cause the contents of the stomach and entrails of such animal to be emptied with the least possible delay into proper receptacles and shall take every possible care to prevent fouling of the floors.
16. Persons slaughtering to cleanse abattoir after use
Every person engaged in slaughtering or engaged in the dressing or handling of any carcass or meat at any abattoir shall as soon as possible after the completion of such slaughtering, dressing or handling remove all blood, manure, garbage, filth or other refuse and shall cause every part of the floor or pavement and the surface of every wall, pillar or other portion of the abattoir on which any blood, manure, garbage, filth or other refuse may have been splashed or deposited, or with which any offensive or noxious matter may have been in contact and every article and appliance which may have been used in slaughtering, dressing or handling, to be thoroughly washed and cleansed immediately after the completion of such slaughtering, dressing or handling, and shall so flush the floor and walls that no dirt or refuse shall remain on them, and all blood, manure, garbage, filth or other refuse removed or washed from the abattoir in accordance with this regulation shall be disposed of as may be directed by the Meat Inspector.
17. Cleanliness in person and dress
Every person engaged in the slaughtering of animals or the dressing or handling of carcasses or meat shall be clean in person and shall, when dressing or handling carcasses or meat, wear a clean smock or overall over his other garments which shall also be clean to the satisfaction of the Meat Inspector.
All persons engaged in slaughtering animals or in dressing or handling carcasses or meat shall submit themselves to medical examination by the Medical Officer of Health when called upon to do so by the Medical Officer of Health, Veterinary Officer or Meat Inspector and, if it shall appear to the Medical Officer of Health, Veterinary Officer or Meat Inspector that any person engaged as aforesaid is not in good health, the Medical Officer of Health, Veterinary Officer or Meat Inspector may exclude such person from the abattoir until such person has been examined by the Medical Officer of Health and reported to be in good health.
No person suffering from any contagious or infectious disease shall enter any abattoir; and no person who has been in contact with any person so suffering or who has any discharge, ulcer or sore shall enter any abattoir without authority from the Medical Officer of Health.
Every person bringing into any abattoir either by himself or by his servants any animal which is diseased or suspected of being diseased shall take the same to the place, if any, set apart for the reception of such animals and, if no special place shall have been so set apart, shall inform the Meat Inspector of having taken to the abattoir an animal diseased or suspected of being diseased and shall immediately take such animal to such place in or part of the abattoir as the Meat Inspector may direct.
21. Disposal of suspected or diseased carcasses
Any person slaughtering or assisting in slaughtering at any abattoir any animal which after slaughter is found or suspected to be diseased or abnormal shall take the carcass of such animal to the place, if any, set apart for the reception of the carcasses of diseased animals and shall immediately inform the Meat Inspector of having done so. If no special place shall have been set apart as aforesaid, any person slaughtering or assisting in slaughtering at any abattoir any animal which after slaughter is found or suspected to be diseased or abnormal shall immediately inform the Meat Inspector of such finding or suspicion and shall take the carcass of such animal to such place in or part of the abattoir as the Meat Inspector may direct.
22. Local Authority to fix days for slaughtering
The Local Authority may fix the days on which the slaughtering of animals may be carried out within the abattoir and may fix the time at or before which any animal brought into the abattoir for slaughtering shall be placed in the pen provided for the keeping of such animal. A notice specifying such days and time shall be affixed to the door of the abattoir or posted up in some other conspicuous place within the abattoir.
[Am by 213 of 1943.]
An inclusive fee for each kilo dressed weight may be charged by a Local Authority or Meat Inspector in respect of each or any combination of the following, namely the slaughtering, examination, stamping, branding, marking, re-examination re-stamping, re-marking of any animal or meat or carcass. Such fee shall become due and payable upon the rendering of an account thereof by the Local Authority or the Meat Inspector.
[Am by SI 92 of 1992.]
PART III 24. Exclusion from abattoir of persons convicted of obstruction
No person shall interfere with or obstruct the Meat Inspector, the Medical Officer of Health, the Veterinary Officer or other duly authorised officer in the course of the duties incidental to the examination and marking of meat as required by these Regulations, and any person convicted of a breach of this regulation may be excluded by the Meat Inspector from the abattoir.
25. Meat Inspector to comply with Second Schedule
In the examination of meat intended for sale for the food of man, the Meat Inspector shall inspect the whole carcass with the internal organs and shall comply with the instructions contained in the Second Schedule.
Notwithstanding any restriction as to cutting any carcass or part of a carcass which may be ordinarily imposed upon the Meat Inspector by the last preceding regulation and the instructions therein referred to, the Meat Inspector or the Medical Officer of Health or the Veterinary Officer may, when inspecting carcasses or any part thereof and when the protection of the public health demands such action, cut into any portion of the carcass or part of the carcass, and no liability shall be incurred by reason of such cutting or by reason of anything which such officers may lawfully do for the purposes of inspection and examination of meat.
27. Meat Inspector to comply with Third Schedule
In determining the action to be taken in the event of evidence of disease or of abnormality being found in any carcass or in the organs or viscera, the Meat Inspector shall comply with the instructions in the Third Schedule.
28. Meat Inspector to mark meat passed as fit
The Meat Inspector having examined in accordance with these Regulations the carcass, organs or viscera of any animal intended for sale for the food of man shall brand, stamp or otherwise mark in a manner approved by the Local Authority all meat passed by him as free from disease, sound, wholesome and fit for the food of man.
29. Meat Inspector to seize meat not passed as fit
The Meat Inspector having examined in accordance with these Regulations the carcass, organs or viscera of any animal intended for sale for the food of man and finding or suspecting the same to be diseased or unsound or unwholesome and unfit for the food of man shall, when such action is directed in the Third Schedule, seize the said carcass, part of a carcass, organ or viscera for examination by the Medical Officer of Health or Veterinary Officer.
30. Unauthorised persons not to interfere with seized carcasses
No person save the Medical Officer of Health, Veterinary Officer or a person acting under the instructions of either of them shall remove, cut or in any way interfere with any carcass or part of a carcass, organ or viscera which may have been seized by the Meat Inspector unless and until the same shall have been passed by the Medical Officer of Health or Veterinary Officer.
31. Owner to be notified of seizure
The Meat Inspector shall within six hours of seizing any carcass, part of a carcass, organ or viscera notify in writing to the owner the fact of and the reason for such seizure. The written notice to the owner, which shall be in the form set out in the Fourth Schedule, may be handed to any representative or employee of the owner at the abbatoir.
32. Voluntary surrender of seized meat
Any carcass or meat seized by the Meat Inspector in accordance with regulation 29 may be voluntarily surrendered to the Meat Inspector by the owner, and any carcass or meat so surrendered shall be forthwith dealt with in accordance with regulation 35.
33. Seized meat not voluntarily surrendered
If any carcass or meat seized by the Meat Inspector is not voluntarily surrendered by the owner, the Meat Inspector shall forthwith notify the Medical Officer of Health or Veterinary Officer who shall, within twenty-four hours of receiving such notice, personally inspect the said carcass or meat.
34. Seized meat found fit for consumption
Any carcass or meat seized by the Meat Inspector which, in the opinion of the Medical Officer of Health or Veterinary Officer, is fit for the food of man shall be forthwith passed and stamped, branded or otherwise marked as provided for in regulation 28.
35. Disposal of seized meat found unfit for consumption
Any carcass or meat seized by the Meat Inspector which is voluntarily surrendered by the owner or which, in the opinion of the Medical Officer of Health or Veterinary Officer, is diseased or unsound or unwholesome and unfit for use as the food of man shall be condemned and shall be destroyed or rendered unsaleable as food of man or animal or otherwise disposed of in such manner as the Medical Officer of Health may direct.
36. No responsibility for loss due to decomposition
Neither the Local Authority nor the Medical Officer of Health nor the Veterinary Officer nor the Meat Inspector shall be held responsible in any way for any loss which may be suffered by the owner from natural decomposition of meat occurring during the period between slaughter of the animal concerned and inspection by the Medical Officer of Health or Veterinary Officer as provided for in regulation 33.
37. No compensation for meat lawfully disposed of
No compensation shall be paid or payable by the Local Authority in respect of any meat which has been lawfully seized, condemned, destroyed or rendered unsaleable or otherwise disposed of in accordance with these Regulations.
PART IV A person shall not introduce for sale into the area of the Local Authority any carcass or meat (other than game) derived from any animal slaughtered outside the area of the Local Authority, unless such animal was slaughtered at a place approved by the Medical Officer of Health and unless the meat was conveyed from the place of slaughter to the area of the Local Authority in a vehicle conforming to the provisions of regulations 41 and 42 and in accordance with the other provisions of this Part.
[Am by 136 of 1957 and 45 of 1966.]
39. Marking of carcasses brought in from outside
Every owner or consignee of any carcass or meat intended for sale for the food of man which may be conveyed or transported into the area of the Local Authority shall submit such carcass or meat for the purpose of examination, stamping, branding or otherwise marking in accordance with regulation 4 at such place and at such hours on any lawful trading day as the Local Authority may from time to time appoint for such purpose:
Provided that-
(i) no such carcass or meat shall be brought within the area of the Local Authority except under the conditions prescribed in regulation 38 and in the Fifth Schedule;
(ii) a Local Authority may waive the conditions set out in the Fifth Schedule in respect of meat and offal imported from a recognised place of slaughter when separate from other parts of the carcass.
[As amended by 136 of 1957.]
40. Seizure of meat brought in unlawfully
Carcasses or meat brought within the area of the Local Authority in contravention of either of the last two preceding regulations shall be seized by the Medical Officer of Health, Veterinary Officer or Meat Inspector and shall be disposed of in such manner as the Medical Officer of Health may direct.
41. Meat to be transported in suitable vehicles
(1) All meat conveyed within the area of the Local Authority or conveyed into the said area as provided for in regulations 38 and 39 shall be conveyed in suitable vehicles and completely and efficiently protected from dust and from the access of insects, and the said vehicles shall on each occasion be thoroughly cleansed immediately after use and if necessary be again cleansed immediately before subsequent use.
(2) Where uncleaned offal or cleaned offal is so conveyed, it shall be kept in separate watertight vessels of enamelled or galvanised metal, each having a close-fitting lid, so that cleaned offal cannot come into contact with uncleaned offal and so that no offal can come into contact with other meat.
(3) Where all or any of the following parts from any animal, that is to say, the heart, liver, lungs, spleen, tail or tongue, are so conveyed, they shall either-
(a) be kept in a watertight vessel of enamelled or galvanised metal, having a close-fitting lid; or
(b) be wrapped in clean, waterproof material;
so that they cannot come into contact with the floor of the vehicle or with any uncleaned offal, cleaned offal or other meat.
[As amended by 45 of 1966.]
42. comply with Sixth Schedule
From and after ninety days after the commencement of regulation Vehicles to 41 in the area of any Local Authority, a vehicle used for the conveyance of meat shall not be deemed to be a "suitable vehicle" as required by regulation 41 unless it shall comply with the requirements set out in the Sixth Schedule and be maintained at all times in thoroughly clean condition and in compliance with such requirements. No vehicle used for the transport of meat may be used for any other purpose without the approval of the Local Authority.
[As amended by 136 of 1957.]
43. Owner's name to be shown on vehicle
Every vehicle used for the transport of meat shall have the owner's name and address painted on a conspicuous part of the vehicle in letters not less than 5.08 centimetres in height.
PART V 44. Butcheries to be approved by Local Authority
(1) A butcher shall not carry on business in a butchery unless he is in possession of a valid certificate in writing from the Local Authority that such butchery conforms to the provisions of regulation 45.
(2) Every such certificate shall be exhibited at all times in the butchery to which it relates.
(3) The Local Authority may revoke the certificate at any time on being satisfied that the butchery has ceased to conform to the provisions of regulation 45.
[As amended by 326 of 1950.]
45. Conditions to be complied with by butcheries
Every butchery shall comply with the following-
(a) The premises shall be constructed of materials approved by the Local Authority. All internal walls are to be rendered with non-absorbent easily cleaned material to a height of at least 6 feet. All floors shall be of non-absorbent material and shall be drained to the satisfaction of the Local Authority;
(b) Every room, with the exception of a room used as a cold store, must be adequately lighted and ventilated;
(c) All counters and tables upon which meat is placed shall be surfaced with non-absorbent material;
(d) The doors and windows shall be provided with effective fly screens of wire gauze of not less than 144 meshes to the square inch and the said screens shall be maintained in a state of thorough repair. All screened doors shall be so made as to be automatically self-closing;
(e) Every door, window, ventilator or other opening of any butchery shall be so placed as to be at least 6.096 metres from any privy and from the door or window of any stable, and no butchery shall communicate by door or window or otherwise with a sleeping or living room;
(f) A proper and sufficient supply of pure water, free from risk of contamination, and proper and sufficient latrine accommodation, to the satisfaction of the Medical Officer of Health, shall be provided for all persons employed;
(g) A dressing room shall be provided in which the overalls of the employees may be kept in a clean and sanitary condition. Such room shall be separate from any place where meat or meat products or materials are stored or handled and shall be furnished with the necessary lavatory accommodation for employees to wash themselves.
46. Duties of butchers in respect of butcheries
Every butcher shall-
(a) at all times maintain his butchery in a state of thorough cleanliness and ventilation;
(b) cause all vessels and utensils and all carts or other vehicles, sacks, baskets or other receptacles used in his business for the preparation, conveyance or storage of meat or meat products to be kept in a clean and wholesome state;
(c) cause all inside walls of his butchery to be painted with three coats of oil paint or varnish to a height of at least 1.8288 metres from the floor and cause all ceilings and all inside walls above the height of 1.8288 metres to be either painted with three coats of oil paint or varnish or to be limewashed.
Where oil or paint varnish is used it shall be renewed at least once in every five years; where limewash is used it shall be renewed at least once in every six months.
The part of the walls which is painted or varnished in accordance with this regulation shall be washed with hot water and soap at least once in every week;
(d) cause all persons employed in his butchery to be clean and dressed in clean overalls made of washable materials while so employed;
(e) maintain in the lavatory a sufficient supply of soap, nail brushes and clean towels for the use of his employees;
(f) provide suitable means for protecting all meat and meat products from contamination by dust, dirt or flies while retained in the butchery or by means of closed cases or vehicles when in the course of conveyance through the streets of the district of the Local Authority;
(g) provide a sufficient number of approved vessels or receptacles properly constructed of galvanised iron or other impervious material and furnished with close-fitting covers, for the purpose of receiving or conveying from his butchery all refuse products of the business.
No butcher shall keep or permit to be kept or to be sold any uncleaned offal in a butchery in which meat other than uncleaned offal is kept or is sold.
[Am by 139 of 1946.]
48. Separate butchery for uncleaned offal
Uncleaned offal shall be only kept and sold in a separate butchery situated on a site approved by the Medical Officer of Health, and such butchery shall conform to the provisions of regulation 45.
[Am by 139 of 1946.]
No person shall spit in any butchery.
50. Prohibition of animals in butcheries
No butcher shall at any time keep or cause or suffer to be kept or to be in the butchery any dog, cat, pig or other animal, or any fowl, pigeon or any other bird in the live state.
51. Exclusion of persons suffering from communicable disease
No butcher shall knowingly cause or permit any person (whether himself or another) suffering from any infectious or contagious disease to be employed in or about his butchery or in the delivery of meat or meat products.
52. Occurrence of communicable disease to be reported
Every butcher shall without delay inform the Medical Officer of Health of the occurrence of any infectious or contagious disease among any of the persons employed or residing on his premises, and shall comply with any directions the Medical Officer of Health or Health Inspector may give for the purpose of preventing the spread of such disease.
All persons engaged in the handling of meat or meat products shall submit themselves to medical examination by the Medical Officer of Health when called upon to do so by him.
PART VI Any person found guilty of an offence against or contravention of or default in complying with any provision of these Regulations shall be liable on conviction to a fine not exceeding seven hundred and fifty penalty units and, if the offence, contravention or default is of a continuing nature, to a further fine not exceeding ninety penalty units for each day during which the offence, contravention or default continues.
[Am by Act 13 of 1994.]
Whenever these Regulations or any of the provisions thereof shall be applied to the district of any Local Authority or any part thereof, to which district or part thereof the Public Health (Abattoir and Transport of Meat) Regulations apply, the said Public Health (Abattoir and Transport of Meat) Regulations shall cease to apply to such district or part thereof from the date of the application of these Regulations or of any of the provisions thereof to such district or part thereof.
[Regulation 8]
INSTRUCTIONS TO PERSONS ENGAGED IN SLAUGHTERING ANIMALS OR IN DRESSING OR HANDLING OR PREPARING CARCASSES OR MEAT
1 Slaughtering shall be carried out only by humane methods approved by the Local
Authority.
2. Notice of intention to slaughter an animal for emergency reasons shall be made to the Meat Inspector before slaughter and so far as may be practicable all such animals shall be examined alive by a Veterinary Officer.
3. Evidence of disease or abnormality in a carcass or organ shall not be modified, obscured or obliterated by washing, rubbing, stripping, or in any other manner except under the direct supervision of the Meat Inspector and in accordance with his instructions.
4. In no case other than cases of "back bleeding", "over sticking" or "sticking in" shall any serous membrane be stripped except by direction of the Meat Inspector and in any case of "back bleeding", "over sticking" or "sticking in" in which immediate stripping is necessary to preserve the marketability of the carcass, the membrane shall not be completely detached from the carcass until the membrane has been examined by the Meat Inspector and he has authorised its detachment.
5. No carcass presenting evidence of disease shall be wiped down with a wiping cloth used for healthy carcasses and no cloth which has been used for wiping down a diseased carcass shall again be used until it has been boiled for 15 minutes in water containing soda.
6. Where the carcass is not examined by the Meat Inspector at the time of slaughter, the whole of the organs and viscera shall be so kept or labelled pending such examination as to enable them to be identified with the carcass from which they have been derived.
7. Knives that have been used in cutting any diseased organ, gland or tissue shall not again be used for any purpose until they have been cleansed in boiling water or other disinfectant approved by the Meat Inspector.
[Regulation 25]
INSTRUCTIONS TO MEAT INSPECTORS AS TO METHOD OF EXAMINATION OF CARCASSES AND MEAT
PART I 1. When any abnormal condition is observed or suspected, the nature and significance of which cannot be determined by observation and palpation, the part of the carcass, organ or gland shall be incised and the incisions shall be made in such manner as to avoid soiling or contaminating or unnecessarily depreciating the value of any part of the carcass or organ or viscera which may be passed as fit for human consumption.
2. The lymph glands shall be examined by multiple incisions into their substance.
3. All organs and viscera shall be examined as they are removed from the carcass or in such circumstances as will ensure that they are the organs and viscera of the particular carcass.
4. All organs and viscera together with the associated lymph glands shall be examined by observation and palpation, incision being made when necessary.
5. The carcass shall be examined for (1) condition of nutrition; (2) evidence of bruising, haemorrhage, or discoloration; (3) local or general dropsy (oedema); (4) the efficiency of bleeding; and (5) swellings or deformities of bones or joints, or swellings or other abnormality in the musculature.
6. The sercus membranes (pleura and peritoneum) shall be examined in every case, and in no case shall they be removed nor shall any evidence of disease be modified or obliterated by washing, rubbing, stripping or in any other manner before examination.
7. Where a carcass is split, the sternum, ribs, vertebrae and spinal cord shall be examined.
PART II 1. Head - The head, including (a) the surface and substance of the tongue (which shall be loosened but not detached before examination, (b) the palate or roof of the mouth and (c the lymph glands of the throat (retropharyngeal, submaxillary and parotid), shall be examined; and the cheek muscles shall be examined by a linear incision parallel to the lower jaw.
2. Abdominal Cavity - (a) Stomach, Intestines and Spleen.- The inner and outer surface of the stomach and intestines and the surface and substance of the spleen shall be examined, together with the glands of the stomach and bowel (gastro-splenic and mesenteric) and the web (omentum). (b) Liver.- The surface and substance of the liver shall be examined, an incision being made into the thick end in the case of cattle. The associated glands (hepatic) shall also be examined and the bile ducts incised. (c) Kidneys.- The lymph glands of the kidneys (renal) and the adrenal glands shall be examined before the removal of the kidneys. Thereafter the kidneys shall be removed and the surface examined and, if necessary, the kidneys shall be split by incision and the substance examined. (d) Uterus and Ovaries.- The inner and outer surface of the uterus and the substance of the ovaries shall be examined.
3. Thoracic Cavity.- The pluck shall be examined in the following manner before the various organs are separated from each other:
(a) Lungs.- The lungs shall be examined by observation and by palpation and, unless obviously diseased, they shall be incised at the base. The associated lymph glands (bronchial and mediastinal) shall also be examined and, unless obviously diseased, shall be incised.
(b) Heart.- The heart sac (pericardium) shall be opened; and the walls of the heart shall be incised so as to open the ventricles.
4. Udder.- The udder shall be examined by observation and by palpation; incisions shall be made at the base of the teats; and the associated glands (supramammary) shall also be incised.
5. Testicles and Penis.- The outer surface and the substance of the testicles and penis and the superficial inguinal glands shall be examined.
6. Serous Membranes.- The lining (serous) membranes of the chest and abdomen (pleura and peritoneum) shall be examined in every case.
7. The following lymph glands shall be examined as a matter of routine in all cases: (a) retro-pharyngeal (in bovines) and submaxillary (in swine);
(b) bronchial and mediastinal;
(c) hepatic; and
(d) mesenteric.
PART III 1. All organs and viscera and the associated lymph glands shall be examined for evidence of tuberculosis both in the substance and in the covering membranes (capsules). The existence of tuberculosis in the lymph gland of an organ shall be held to be evidence of the disease in the organ.
2. The carcass lymph glands shall be examined in accordance with the following instructions (the glands in every case being exposed before examination, and incised)-
(a) when visible evidence of tuberculosis is found in a carcass or in the organs or viscera, those glands which, having regard to such visible evidence, are least likely to be infected shall be examined first, e.g., if evidence of tuberculosis is found on the pleura, the glands of the hindquarters shall be examined before those of the forequarters;
(b) if a tuberculous lesion or an abscess is found in any carcass lymph gland, all the other carcass lymph glands shall be examined;
(c) if evidence of tuberculous disease is found on a serous membrane (pleura or peritoneum), all the carcass lymph glands shall be examined;
(d) if the throat glands (retro-pharyngeal, submaxillary or parotid) are affected with tuberculosis, the cervical, pre-pectoral and pre-scapular glands shall be examined;
(e) if the bonchial and/or mediastinal glands are affected with tuberculosis, the pre-pectoral, supra-sternal, pre-scapular, intercostal and xiphoid glands shall be examined;
(f) if the liver and/or the associated lymph glands (hepatic) are affected with tuberculosis, all the carcass lymph glands shall be examined
(g) if the bowel glands (mesenteric) are affected with tuberculosis, the superficial inguinal (or supramammary), the lumbar, renal, iliac and pre-crural glands shall be examined;
(h) if the uterus is affected with tuberculosis, the iliac pre-crural, lumbar and sacral glands shall be examined;
(i) if the penis or the testicles are affected with tuberculosis, the superficial inguinal, iliac, sacral, popliteal and pre-crural glands shall be examined;
(j) if tuberculous lesions are found in the bones, joints, limbs or the spinal cord, all the carcass lymph glands shall be examined;
(k) if the submaxillary gland in a pig is affected with tuberculosis, the carcass shall be split and all the carcass lymph glands shall be examined;
(l) the carcass of a pig in which lesions of tuberculosis are found in any situation or in any degree shall be split and the bones of the vertebrae examined and all the carcass lymph glands shall be examined.
[Regulation 27]
INSTRUCTIONS TO MEAT INSPECTORS AS TO ACTION TO BE TAKEN IN THE EVENT OF EVIDENCE OF DISEASE OR ABNORMALITY BEING FOUND IN ANY ANIMAL
PART I 1. An organ shall be seized when tuberculosis exists on its capsule, or in its substance, or in the associated lymph glands.
2. The head, including the tongue, shall be seized-
(a) when the retro-pharyngeal, parotid and submaxillary glands, or any two of these, are affected;
(b) when the retro-pharyngeal gland alone in bovines, or the submaxillary gland alone in swine, is affected, unless the lesions are small, inactive and calcareous, and the gland is not enlarged, in which case the head shall be passed, after removal of the glands, the base of the tongue, and the pharynx with the structures in its immediate neighbourhood.
3. The entire carcass, and all the organs and viscera, shall be seized when the following conditions are found-
(a) tuberculosis with emaciation;
(b) generalized tuberculosis.
In determining whether the disease is generalised, the judgment shall be based on the sum of the evidence of disease throughout the entire carcass and organs. The following shall be regarded as evidence of this condition-
(i) miliary tubeculosis of both lungs, with any evidence of tuberculosis elsewhere;
(ii) where lesions are multiple, acute and actively progressive;
(iii) where there is multiple and widespread infection of the carcass lymph glands;
(iv) where there are diffuse acute lesions of both serous membranes (pleura and peritoneum) and any of the carcass lymph glands are enlarged or contain visible tuberculous lesions;
(v) where, in addition to the presence of tuberculous lesions in the respiratory and digestive tracts, there are also lesions present in the substance of any two of the following:-spleen, kidney, udder (or uterus or ovary), testicle, brain and spinal cord or their membranes;
(vi) congenital tuberculosis in calves.
4. All cases of tuberculosis not included in paragraph 3 shall be regarded and treated as localised lesions, and the parts containing the lesions and contiguous thereto shall be seized.
In the application of this paragraph, in cases of widespread infection that do not fall within the category of generalised tuberculosis as laid down in paragraph 3, the rump or rumps shall be seized only when lesions exist in the popliteal gland, and the shoulder blade or shoulder blades shall be seized only when lesions exist in the pre-scapular or brachial glands.
5. If any portion of a carcass, or any organ or viscera, becomes contaminated by tuberculoous material, it shall be treated as if it were a case of localised tuberculosis.
PART II 1. The entire carcass and all the organs and viscera shall be seized if evidence of any of the following diseases is found:
(1) Actinomycosis, generalised.
(2) Anaemia (if pronounced).
(3) Anthrax.
(4) Blackleg.
(5) Bruising, general, extensive, and severe, with or without gangrene.
(6) Cysticercus cellulosae (measly pork).
Note.-In the examination of all pig carcasses, the "leaf seam" (sub-peritoneal fat) shall be raised and the inner surface of the abdominal muscles examined for evidence of Cysticercus cellulosae.
(7) Decomposition.
(8) Dropsy, general.
(9) Emaciation, general pathological.
(10) Fever.
(11) Glanders (or Farcy).
(12) Immaturity (i.e. stillborn or unborn carcass).
(13) Jaundice.
(14) Lymphadenitis, caseous (generalised).
(15) Malignant catarrh.
(16) Malignant neoplasms-unless localised, in situation and effect, to one organ.
(17) Mammitis, acute septic or gangrenous.
(18) Melanosis, generalised-or any generalised pigmentation.
(19) Metritis, acute septic.
(20) Odour, associated with disease or otherwise prejudicial to health.
(21) Pericarditis, septic.
(22) Pneumonia, septic or gangrenous.
(23) Pyaemia-including joint-ill, or umbilical pyaemia.
(24) Rickets, with malnutrition.
(25) Sarcocysts-if generalised in the musculature and visible to the naked eye.
(26) Septicaemia, or septic infection.
(27) Swine erysipelas, acute.
(28) Swine fever.
(29) Tetanus.
(30) Trichinosis.
(31) Tumours, multiple, in musculature.
(32) Uraemia.
2. (1) Every Meat Inspector finding evidence of bladderworm disease (measles) in a slaughtered animal during examination shall make the following additional examination of such animal-
(a) Head-inspection incisions into inner and outer muscle of jaw.
(b) Tongue-inspection of surface and incisions into the muscles of attachment and tongue proper.
(c) Pluck-examination of heart and oesophagus.
(d) Stomach and intestines-examination of the outer surface of stomach and intestines.
(e) Carcass-inspection incisions into each side of the carcass.
Muscles of shoulder behind the elbow - 7 incisions.
Chuck (by which is understood the muscles on the dorsal aspect of the thoracic cavity) - 1 incision.
Brisket - 1 incision.
Muscular diaphragm - 2 incisions.
Fillet - 3 incisions.
In addition to such examinations, a large muscular surface exposed by the splitting of the carcass shall be examined and three incisions made into the pillars of the diaphragm.
(2) Every carcass found to be infected with bladderworm disease (measles), together with the viscera, shall be condemned as unfit for human consumption and destroyed or treated and disposed of so as not to endanger health, save where-
(a) during the examination less than ten bladderworm cysts are disclosed; and
(b) not more than five cysts are found in the carcass apart from the head, tongue, pluck, stomach and intestines; and
(c) cold storage is available to the satisfaction and under the control or supervision of the Local Authority, and in which a temperature of not more than minus ten degrees centigrade is continuously maintained; and
(d) the owner or his agent in charge of the carcass requests that it be placed in such cold storage, and furnishes a written undertaking to the satisfaction of the Local Authority to defray the cost of so doing; and
(e) the Director of Medical Services has signified his approval of the cold storage facilities specified in sub-paragraph (c).
(3) If the conditions specified in sub-paragraph (2) are complied with, but not otherwise, the carcass, after removal of all obviously diseased portions, may be placed and kept in such cold storage for at least fourteen days, and may thereafter be examined and passed, at the discretion of a Meat Inspector, as fit for human consumption.
[No. 172 of 1952 as amended by Act 169 of 1954 and Act 51 of 1963.]
3. In all cases in which evidence of diseases not enumerated in paragraphs 1 and 2 are found, the organ or portion of the carcass (or organs or portions of the carcass) affected by the disease, and the organs or portions continguous thereto, shall be seized.
[Regulation 31]
LOCAL AUTHORITY OF THE PUBLIC HEALTH (MEAT, ABATTOIR AND BUTCHERIES) REGULATIONS
NOTIFICATION OF SEIZURE OF CARCASS, ETC.
To....................................................................
Take notice that in accordance with regulation 29 of the above-named Regulations I have seized the following for the reasons stated:
Article Seized Reason for Seizure
GENERAL
MANAGEMENT OF ABATTOIRS
INSPECTION AND MARKING OF MEAT
TRANSPORT OF MEAT
BUTCHERIES
PENALTIES AND REVOCATION
GENERAL
MANAGEMENT OF ABATTOIRS
INSPECTION AND MARKING OF MEAT
TRANSPORT OF MEAT
BUTCHERIES
PENALTIES AND REVOCATION
GENERAL INSTRUCTIONS
DETAILED INSTRUCTIONS FOR ROUTINE INSPECTION OF CARCASSES, ORGANS, AND VISCERA OF BOVINES AND SWINE
ADDITIONAL INSTRUCTIONS AS TO METHOD OF INSPECTION FOR EVIDENCE OF TUBERCULOSIS IN BOVINES AND SWINE
EVIDENCE OF TUBERCULOSIS
EVIDENCE OF OTHER DISEASE OR ABNORMALITY
If you wish voluntarily to surrender the above articles as provided for in regulation 32, you should sign your name to the following declaration and return this paper to me.
Date.....................................
Signature of Meat Inspector........................................
Being the owner thereof, I voluntarily surrender to the Meat Inspector the seized meat mentioned above.
Date.....................................
Signature of Owner...................................................... For use by M.O.H. or V.O. Delete either (a) or (b).
Having examined the above-mentioned seized meat I certify that in my opinion it is:
(a) "Fit for the food of man" (Regulation 34).
(b) "Diseased or unsound or unwholesome and unfit for use as the food of man" (Regulation 35).
Date.....................................
Signature of M.O.H. or V.O........................................
[Regulation 39]
CONDITIONS UNDER WHICH CARCASSES AND MEAT MAY BE BROUGHT INTO THE AREA OF A LOCAL AUTHORITY
1. The carcasses of pigs shall be brought for inspection whole with the head attached and shall be accompanied by all the viscera excepting the stomach, intestines and urinary bladder.
2. The carcasses of calves, sheep, lambs and goats shall be brought for inspection whole, but the head may be detached provided that it be distinctly marked so as to be easily identified with the carcass to which it belongs, and shall be accompanied by all the viscera excepting the stomach, intestines and urinary bladder.
3. The carcasses of bulls, oxen, bullocks, cows, heifers or steers shall be brought for
inspection whole or halved or quartered with the heads detached provided that in every case of halving, quartering or detachment of the head the several portions of each divided carcass are brought for inspection distinctly marked in such a way that they are easily identifiable as having been derived from the same animal and every carcass whether divided or whole shall be accompanied by all the viscera, except the stomach, intestines and urinary bladder.
[As amended by 136 of 1957.]
[Regulation 42]
REQUIREMENTS AS TO VEHICLES USED FOR THE CONVEYANCE OF MEAT WITHIN OR INTO ANY AREA OF WHICH THE REGULATIONS HAVE BEEN APPLIED
1. That part of the vehicular body actually used for the conveyance of meat shall be of van type totally enclosed, and braced with iron where necessary to form a rigid whole, and shall be made fly proof, dust proof and weather proof.
2. The interior lining of the floor and walls of the part used to contain meat shall be made of galvanised iron smoothly fitted and soldered at the joints.
3. A proper close-fitting hinged door or doors shall be provided.
4. The side walls or door or doors shall be provided with louvred vents or openings totalling not less than 0.1858 square metres in area. Such opening or openings shall be completely covered with wire gauze of not less than 10 meshes to 2.54 centimetres.
5. A movable duck board or grid shall be provided of the full size of the floor of that part of the vehicle actually used for the conveyance of meat, upon which the meat may rest when the vehicle is loaded.
6. Every vehicle used for the conveyance of offal simultaneously with other meat shall be provided with a sufficient number of watertight vessels of enamelled or galvanised metal, each having a close-fitting lid, within which uncleaned offal and cleaned offal may be separately placed.
[Am by 45 of 1966.]
PUBLIC HEALTH (MEAT, ABATTOIR AND BUTCHERIES) REGULATIONS - APPLICATION
[Regulation 2]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
[Notices by the Minister]
The whole of the Regulations apply to-
City of Lusaka.(No. 47 of 1953)
City of Kitwe.(No. 47 of 1953)
Bancroft Mine Township.(No. 313 of 1969)
Broken Hill Mine Township.(No. 268 of 1940)
Chingola Municipality.(No. 192 of 1946)
Chipata Township.(No. 63 of 1941)
Choma Township.(No. 231 of 1952)
Kabwe Municipality.(No. 47 of 1953)
Kafue Township.(No. 86 of 1952)
Livingstone Municipality.(No. 268 of 1940)
Luanshya Municipality.(No. 47 of 1953)
Mufulira Mine Township.(No. 268 of 1940)
Mufulira Municipality.(No. 47 of 1953)
Nchanga Mine Township.(No. 277 of 1949)
Nkana Mine Township.(No. 268 of 1940)
Roan Mpatamatu Mine Township.(No. 268 of 1940)
That part of the Kitwe District lying within a circle of four mile's radius with its centre at Kitwe Post Office.
(No. 268 of 1940)
That part of the Chingola District lying within a circle of five mile's radius with its centre at Chingola Post Office, excluding therefrom-
(a) Chingola Municipality; and
(b) Nchanga Mine Township.
(No. 277 of 1949 as amended by Act No. 39 of 1952)
That part of the Kabwe Urban District lying within a circle of ten mile's radius having its centre at the Kabwe Post Office.(No. 240 of 1955)
The whole of the Regulations, other than regulations 4,8,28 and 39, apply to-
Kalomo Township.(No. 44 of 1956) Kasama Township.(No. 72 of 1955) Mansa Township.(No. 72 of 1955) Mazabuka Township.(No. 268 of 1940) Mbala Township.(No. 22 of 1950) Mongu Township.(No. 103 of 1967) Monze Township.(No. 212 of 1961)
*Mumbwa.(No. 152 of 1955)
* A description of the area of this former township is contained in the Declaration of Townships made under section 3 of the Townships Act, Chapter 120 of the 1963 Edition of the Laws.
Pemba Township.(No. 164 of 1961)
*A description of the area of this former township is contained in the Declaration of Townships made under section 3 of the Townships Act, Chapter 120 of the 1963 Edition of the Laws.
PUBLIC HEALTH (CREMATORIA AND CREMATION) REGULATIONS
[Section 91 (2)]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
3. Manner and place of cremation
4. Advertisement of intention to establish crematorium
6. Inquiry into proposed establishment of crematorium
7. Crematorium to be certified
8. Maintenance and staffing of crematorium
11. Minister to be informed of opening or closing of crematorium
12. Powers of Cremation Authority
14. Interference with coffin or body prohibited
15. Cremation contrary to directions left by deceased person unlawful
16. Cremation of unidentified or embalmed body unlawful
19. Conditions prior to cremation
21. Appointment of medical referee and deputy medical referee
23. Cremation of body of person buried not less than one year
24. Cremation of body of person dying of formidable epidemic disease
25. Suspension or modification of certain regulations during epidemic, etc.
26. Cremation of stillborn child
28. Appointment and duties of superintendent
29. Notification to Registrar of Births and Deaths
30. Preservation, etc., of registers and documents
31. Disposal of registers and documents on closure of crematorium
Act 57 of 1964,
Act 13 of 1994,
GN 379 of 1962,
GN 291 of 1964,
GN 497 of 1964,
GN 500 of 1964,
[Regulations by the Minister]
These Regulations may be cited as the Public Health (Crematoria and Cremation) Regulations.
In these Regulations, unless the context otherwise requires-
"body" means any human dead body including the body of any stillborn child;
"cremation" means the disposal of a body by means of incineration; "Cremation Authority" means any Local Authority or any company or
"crematorium" means any building fitted with appliances for the disposal by incineration of any body, and shall include everything incidental or ancillary to such building;
"embalmed" means treated for the purpose of preserving from physical decomposition;
"form" means a form prescribed in the Schedule;
"medical practitioner" means a medical practitioner registered under the Medical and Allied Professions Act;
"medical referee" means a medical referee or a deputy medical referee appointed in pursuance of regulation 21;
"name" includes any identifying description of a deceased human being who possessed no name or whose name is unknown;
"nearest relative" includes widow or widower, parent, brother, sister or child of or above the age of eighteen years of the deceased and any other relative of or above the age of eighteen years usually residing with the deceased;
"notice" , for the purpose of regulation 27, means warning by letter despatched by registered post to the person who applied for the cremation in Form 1, at the address stated in that application;
"stillborn" shall apply to any child which has issued forth from its mother after the twenty-eight week of pregnancy and which did not at any time after being completely expelled from its mother, breathe or show any other signs of life.
[As amended by No. 291 of 1964]
3. Manner and place of cremation
Except as hereinafter provided, no cremation shall take place otherwise than in the manner prescribed by these Regulations or anywhere other than in a crematorium duly established, maintained, staffed and operated in accordance with these Regulations:
Provided that a coroner within whose jurisdiction a body is lying, if he is satisfied that death was not due to any suspicious circumstances whatsoever, may grant exemption from all or any of these Regulations in any special circumstance.
[As amended by 500 of 1964.]
4. Advertisement of intention to establish crematorium
Any person or Local Authority wishing to establish a crematorium shall advertise the intention so to do in three consecutive issues of a newspaper published or commonly circulating in the locality in which it is proposed to establish such crematorium, and where the crematorium is intended to be established other than by the Local Authority, shall send a copy of such advertisement to the Local Authority for the area in which it is intended to establish the crematorium. Such advertisement will indicate the site of the proposed crematorium and shall call upon any person objecting thereto to lodge with the Minister, within one month after the date of the publication of such advertisement, his objections in writing.
Any person or Local Authority intending to establish a crematorium shall submit to the Minister the plans thereof together with details of its proposed site and a copy of the advertisement required under the provisions of regulation 4, and no work shall commence on the construction of such crematorium without the prior approval of the Minister:
Provided that where the crematorium is intended to be established other than by the Local Authority, the plans of such crematorium shall be subject to the prior approval of the Local Authority for the area in which it is intended to establish the crematorium.
6. Inquiry into proposed establishment of crematorium
The Minister may, if he thinks fit, hold, or appoint any person to hold, a local inquiry into the proposed establishment of any crematorium, and any person or Local Authority concerned with the establishment of such crematorium and any Local Authority or person objecting thereto shall have a right to be heard.
7. Crematorium to be certified
No cremation shall take place until the crematorium has been certified by a person appointed by the Minister to be complete, built in accordance with the plans submitted under the provisions of regulation 5 and properly equipped for the disposal of bodies by incineration.
8. Maintenance and staffing or crematorium
Every crematorium shall be-
(a) maintained in good working order;
(b) kept constantly in a clean and orderly condition;
(c) staffed by a superintendent and a sufficient number of attendants to the satisfaction of the Minister on the advice of the Medical Officer of Health for the area in which the crematorium is situate, where such an officer exists.
Every crematorium shall be subject to inspection at any time by any person appointed for that purpose-
(a) by the Minister; or
(b) by the Local Authority of the area in which the crematorium is situate.
(1) A crematorium may be closed by the Cremation Authority if not less than one month's notice of the intention so to do is given by advertisement in a newspaper published or commonly circulating in the locality in which such crematorium is situate and by written notice fixed at the entrance to the crematorium.
(2) A crematorium may be closed by order of the Minister if, in his opinion-
(a) the crematorium is maintained and operated otherwise than in accordance with the provisions of these Regulations; or
(b) the crematorium is built, equipped or operated in an unsatisfactory, unfitting or improper manner, or closure of the crematorium is necessary in the public interest.
[As amended by 291 of 1964.]
11. Minister to be informed of opening or closing of crematorium
The Cremation Authority shall forthwith inform the Minister in writing of the opening or closing of any crematorium.
12. Powers of Cremation Authority
Every Cremation Authority shall, subject to the approval of the Minister, have the power to lay down conditions governing-
(a) the type, design and dimensions of the coffin to contain the body to be cremated, and the materials which may and may not be used in the construction of such coffin;
(b) the days and hours of operation of the crematorium;
(c) the method and manner of conducting the Committal Service;
(d) the period of time between the Committal Service and cremation.
No person shall present for cremation a body, nor shall any body be cremated, which is not contained in a coffin constructed in compliance with the conditions laid down by the Cremation Authority under the provisions of regulation 12.
14. Interference with coffin or body prohibited
(1) Once the coffin has entered the crematorium, no interference with such coffin or with the body or anything contained within the coffin shall take place, and the coffin shall in no circumstances be opened nor shall anything be added to or removed from such coffin.
(2) It shall not be lawful to cremate any body except in the coffin containing such body when it entered the crematorium.
15. Cremation contrary to directions left by deceased person unlawful
It shall not be lawful to cremate the body of any person who is known to have left a written direction to the contrary. Where the person making application for cremation is not an executor or the nearest relative of the deceased, such person shall produce to the medical referee a declaration made before a commissioner for oaths by an executor or by the nearest relative of the deceased that the deceased did not leave any directions to the effect that he or she did not wish his or her body to be cremated or, where it is impracticable to obtain such a declaration, such other evidence to the same effect as may be acceptable to the medical referee.
16. Cremation of unidentified or embalmed body unlawful
It shall not be lawful-
(a) to cremate any body which has not been identified;
(b) to cremate any body which has been embalmed, without the prior approval of the Minister and subject to such conditions as he may think fit.
No cremation shall be allowed to take place until the death of the deceased has been duly registered in terms of the Births and Deaths Registration Act.
(1) No cremation shall be allowed to take place unless application therefor is made to the Cremation Authority and the particulars stated in the application are confirmed by statutory declaration in accordance with Form 1.
(2) The application should be signed and the statutory declaration made by an executor or by the nearest relative of the deceased, or, if made by any other person, shall show to the satisfaction of the medical referee, cause why the application is not made by an executor or by the nearest relative.
(3) Every application lodged in terms of this regulation shall be supported by the following documents-
(a) a permit authorising burial or other disposal of the body;
(b) the certificates required by regulations 19 and 22 (1) (b);
(c) written directions by the person making the application stating how the ashes are to be disposed of.
19. Conditions prior to cremation
(1) Except as hereinafter provided, no cremation shall be allowed to take place unless-
(a) a certificate in Form 2 has been given by a medical practitioner who attended the deceased during his or her last illness and who can certify definitely as to the cause of death; and
(b) a confirmatory medical certificate in Form 3 has been given by another medical practitioner, who must be qualified as prescribed in regulation 20; or
(c) a post-mortem examination of the body of the deceased has been made by a medical practitioner approved by the medical referee having had regard to his experience in pathology, and a certificate given by such medical practitioner in Form 4:
Provided that where a post-mortem examination of the body of the deceased has been carried out by a medical practitioner not approved by the medical referee, such medical practitioner shall complete the certificate in Form 3 instead of Form 4; or
(d) a post-mortem examination of the body of the deceased has been made in pursuance of the Inquests Act and a certificate given by the magistrate in Form 5; or
(e) an inquest has been held and a certificate given by the magistrate in Form 5:
Provided that in any case in which the death occurs in connection with an industrial, railway, flying or road accident, and the magistrate adjourns the inquest with a view to investigation of the causes of the accident, he may give a certificate to the effect that he is satisfied that death was wholly due to an accident, without waiting for the termination of the inquest.
(2) No cremation shall take place except on the written authority of the medical referee given in Form 6.
The confirmatory medical certificate in Form 3, if not given by a medical practitioner who has carried out a post-mortem examination of the body of the deceased, shall be given by a medical practitioner of not less than five year's standing:
Provided that no medical practitioner who is a relative of the deceased or a relative or partner or employee of the medical practitioner who has given the certificate in Form 2, or a person having any pecuniary interest in the death of the deceased, shall give the medical certificate in Form 3.
21. Appointment of medical referee and deputy medical referee
(1) There shall be appointed for every Cremation Authority a medical referee and a deputy medical referee, who shall be medical practitioners of not less than five year's standing and shall possess such experience and qualifications as will fit them for the discharge of the duties required of them by these Regulations. The medical referee or deputy medical referee may be a person holding the office of Medical Officer of Health, as defined in the Act.
(2) The deputy medical referee shall act in the absence of the medical referee and in any case in which the medical referee has signed Form 1, 2, 3 or 4.
(3) The Minister shall appoint as medical referee and deputy medical referee such persons as he may deem fit:
Provided that the Minister, if satisfied that a Medical Officer of Health or a Deputy Medical Officer of Health, being a medical practitioner of not less than five year's standing and possessing the necessary experience and qualifications, is conveniently available, may in his discretion appoint as medical referee or as deputy medical referee such Medical Officer of Health or Deputy Medical Officer of Health.
(4) Any medical referee or deputy medical referee appointed by the Minister may, in case of emergency, act as the medical referee or deputy medical referee of a Cremation Authority other than that for which he has been appointed.
(1) The duties of the medical referee shall be as follows-
(a) he shall not allow any cremation to take place if it appears that the deceased left a written direction to the contrary;
(b) he shall not allow any cremation to take place unless he is satisfied by the production of a certificate in terms of section 11 of the Births and Deaths Registration Act that the death of the deceased has been registered in terms of that Act;
(c) he shall, before allowing the cremation, examine the application and certificates and ascertain that they are such as are required by these Regulations and that the inquiry made by the persons giving the certificates has been adequate. He may make any inquiry with regard to the application and certificates that he may think necessary;
(d) he shall not allow the cremation unless he is satisfied that the application is made by an executor or by the nearest relative of the deceased, or, if made by any other person, that the fact that the executor or nearest relative has not made the application is sufficiently explained, and that the person making the application is a proper person to do so;
(e) he shall not allow the cremation unless he is satisfied that the fact and cause of death have been definitely ascertained and, in particular, if the cause of death assigned in the medical certificates is such as, regard being had to all the circumstances, might be due to poison, to violence, to any illegal operation or to privation or neglect, he shall require a post-mortem examination of the body of the deceased to be made and, if that fails to reveal the cause of death, shall decline to allow the cremation unless an inquest be held in pursuance of the Inquests Act and a certificate given by the magistrate in Form 5;
(f) if it appears that death was due to poison, to violence, to any illegal operation or to privation or neglect, or if there is any suspicious circumstance whatsoever, whether revealed in the certificates or otherwise coming to his knowledge, he shall decline to allow the cremation unless an inquest be held in pursuance of the Inquests Act and a certificate given by the magistrate in Form 5;
(g) where it appears to the medical referee that the cause of death is such as, regard being had to all the circumstances, might be due to poison, to violence, to any illegal operation, or to privation or neglect, or if there is any suspicious circumstance whatsoever, whether revealed in any certificate or otherwise coming to his knowledge, he shall, in addition to refusing permission for the cremation to take place, inform the magistrate of the District in which the body is situate;
(h) if a magistrate has given notice that he intends to hold an inquest on the body, the medical referee shall not allow the cremation to take place until the inquest has been held;
(i) he may in any case decline to allow the cremation without stating any reason;
(j) he shall make such reports to the Minister as may from time to time be required by the Minister.
(2) In the case of the body of a person who has died in any place outside Zambia, the medical referee may accept a declaration containing the particulars prescribed in Form 1, if it is made before any person having authority in that place to administer an oath or to take a declaration; and he may accept certificates in Forms 2, 3 and 4, if they are signed by any practitioners of medicine who are shown to his satisfaction to possess qualifications substantially equivalent to those prescribed in the case of each certificate by these Regulations. In any such case, the Minister, if satisfied that the case is one in which cremation may properly take place, may by order under his hand authorise the medical referee to allow the cremation without the production of Forms 2 and 3.
[As amended by 163 of 1965.]
23. Cremation of body of person buried not less than one year
The provisions of regulations 15 to 20 shall not apply to the cremation of the body of a deceased person who has already been buried for not less than one year. Such body may be cremated, subject to the Minister's consent and upon such conditions as the Minister may impose, and any such cremation in which these conditions are not observed shall be deemed to be a contravention of these Regulations:
Provided that, notwithstanding the provisions of this regulation, Forms 1 and 6 are submitted to the Minister.
24. Cremation of body of person dying of formidable epidemic disease
In the case of any person dying of any formidable epidemic disease (as defined in section 29 of the Act) or in a hospital or place of isolation provided for the accommodation and treatment of persons suffering from infectious disease, the medical referee, if satisfied as to the cause of death, may dispense with any of the requirements of regulations 15, 17, 18, 19, 20 and 22:
Provided that where the medical referee has dispensed with any such requirements, he may only allow the cremation of bodies subject to any conditions imposed by the Medical Officer of Health of the area. Such conditions may specify the crematorium in which cremation is to take place.
25. Suspension or modification of certain regulations during epidemic, etc.
Regulations 15, 17, 18, 19, 20 and 22 may be temporarily suspended or modified in any area during an epidemic or for other sufficient reason, by order of the Minister:
Provided that where an order by the Minister has been made in terms of this regulation, the medical referee may only allow the cremation of bodies subject to any conditions imposed by the Medical Officer of Health of the area. Such conditions may specify the crematorium in which cremation is to take place.
26. Cremation of stillborn child
Notwithstanding the provisions of regulations 17 to 22, the medical referee may permit the cremation of the body of a stillborn child if it is certified to be stillborn by a medical practitioner after examination of the body, and if the medical referee, after such inquiries as he may think necessary, is satisfied-
(a) that it was stillborn;
(b) that there is no reason for further medical examination; and
(c) that the provisions of the Births and Deaths Registration Act relating to registration have been complied with.
After the cremation of the body of a deceased person, the ashes shall be given into the charge of the person who applied for the cremation, if he so desires. If not, they shall be retained by the Cremation Authority, and, in the absence of any special arrangement for their burial or preservation, they shall either be decently interred in a burial ground appointed under section 91 of the Act or in land or premises forming part of the crematorium reserved for the burial or preservation of ashes or shall be scattered thereon. In the case of ashes left temporarily in the charge of the Cremation Authority and not removed within a period of ninety days, the Cremation Authority shall give twenty-eight day's notice to the person who applied for the cremation, before the ashes are interred or scattered as decided by the Cremation Authority.
28. Appointment and duties of superintendent
Every Cremation Authority shall appoint a superintendent who shall be responsible for the keeping of a register of all cremations carried out by the Cremation Authority in Form 7. He shall be responsible for making the entries relating to each cremation immediately after the cremation has taken place, except the entry in the last column, which he shall cause to be made as soon as the ashes of the deceased have been handed to the relatives or otherwise disposed of.
29. Notification to Registrar of Births and Deaths
(1) Subject to the provisions of sub-regulation (2), the superintendent shall, within ninety-six hours of cremation of the body of any deceased person, send to the Registrar of Births and Deaths for the District in which the death took place, or, if the death took place elsewhere than in Zambia, to the Registrar of Births and Deaths for the District in which the crematorium is situate, a notification in Form 8 of the cremation of the body.
(2) This regulation shall not apply to any cremation of a body which has taken place under regulation 23.
30. Preservation, etc., of registers and documents
(1) All applications, certificates, statutory declarations and other documents relating to any cremation shall be marked with a number corresponding to the number in the register, shall be filed in order and shall be carefully preserved by the Cremation Authority:
Provided that the Cremation Authority may, if it thinks fit, destroy any such applications, certificates, statutory declarations and other documents (but not the register of cremations or any part of such register) after the expiration of fifteen years from the date of the cremation to which they relate.
(2) All such registers and documents shall be open to inspection at any reasonable hour by any person appointed for that purpose by the Minister, by the Medical Officer of Health of any Local Authority in or adjacent to whose area the crematorium is situate and by the Officer Commanding the Zambia Police of the District in which the crematorium is situate.
31. Disposal of registers and documents on closure of crematorium
When any crematorium is closed as provided in regulation 10, the Cremation Authority shall send all registers and documents relating to the cremations which have taken place therein to the Minister or otherwise dispose of them as the Minister may direct.
The scale of fees payable for cremation shall be fixed by the Cremation Authority and shall be subject to the approval of the Minister.
All expenses however incurred in connection with an application for cremation shall be paid by the person making such application, and the Local Authority or the Cremation Authority shall not be responsible for any part of such expenses including any expenses incurred through the detention of any body pending the determination of an application for cremation.
No person shall wilfully conceal the fact that a deceased person has left directions that he or she be not cremated nor wilfully conceal any other material fact, nor make any false statement when making application in terms of regulation 18.
Any person contravening the provisions of these Regulations shall be guilty of an offence and on conviction shall be liable in respect of each offence to a penalty not exceeding seven hundred and fifty penalty units or in default of payment thereof to imprisonment with or without hard labour for a period not exceeding three months, or both.
[Am by Act 13 of 1994.]
[Regulations 2, 18, 19, 20, 21, 22, 23, 28 and 29]
PRESCRIBED FORMS
FORM 1
APPLICATION FOR CREMATION, WITH STATUTORY DECLARATION
I, ....................................................................(name of applicant-in block capitals)
(occupation) ............................................................................................................
apply to ...............................................................................................................to undertake the cremation of the body of ...................................................... (name of deceased-in BLOCK CAPITALS)
............................................................................................................(address)
(occupation)................................................................................................... (age)........................................ (sex) .................. (whether married, widow, widower or unmarried) The true answers to the questions set out below are as follows:
1. Are you an executor or the nearest relative of the deceased?
2. If not, state-
(a) your relationship to the deceased;
(b) the reason why the application is made by you and not by an executor or any nearer relative.
3. Did the deceased leave any written instructions to the effect that he or she did not wish his or her body to be disposed of by cremation?
4. Have the near relatives* of the deceased been informed of the proposed cremation?
*The term "near relative" as here used includes widow or widower, parent, brother, sister or child of or above the age of eighteen, and any other relative usually residing with the deceased.
5. Has any near relative of the deceased expressed any objection to the proposed cremation? If so, on what ground?
6. What was the date and hour of the death of the deceased?
7. What was the place where deceased died? (Give address and say whether own residence, lodgings, hotel, hospital, nursing home, etc.)
8. Has the body of the deceased been embalmed?
9. Do you know, or have you any reason to suspect that the death of the deceased was due, directly or indirectly, to-
(a) poison;
(b) violence;
(c) illegal operation;
(d) privation or neglect?
10. Do you know any reason whatever for supposing that an examination of the body of the deceased may be desirable?
11. Give name and address of the ordinary medical attendant of the deceased.
12. Give name(s) and address(es) of the medical practitioner(s) who attended deceased during his or her last illness.
I do hereby solemnly and sincerely declare that all the particulars stated above are true, and that to the best of my knowledge and belief no material particular has been omitted; and I make this solemn declaration conscientiously believing the same to be true.
Signature ................................................................................................
Declared at .................... the .......................... day of ..............., 20......
Before me.
Signature..................................................................................................
This declaration must be made before a Commissioner for Oaths.
NOTES
This application should be signed and the statutory declaration made by an executor or by the nearest relative of the deceased, or if made by any other person, must show, under 2 (b) above, cause why the application is not made by an executor or by the nearest relative.
This application must be accompanied by-
(a) a certificate in terms of section 11 of the Births and Deaths Registration Act that the death of the deceased has been registered in terms of that Act (such certificate to be returned by the medical referee to the person making the application);
(b) a permit authorising burial or other disposal of the body of the deceased; and (c) written directions by the applicant as to how the ashes are to be disposed of. Where the applicant is not an executor or the nearest relative of the deceased, this application must also be accompanied by a declaration made before a Commissioner for Oaths by an executor or by the nearest relative of the deceased that the deceased did not leave any direction to the effect that he or she did not wish his or her body to be cremated; or where it is impracticable to obtain such a declaration, other evidence to the same effect.
FORM 2
CERTIFICATE OF MEDICAL ATTENDANT
I, ................................................... (full names in BLOCK CAPITALS) am informed that application is about to be made for the cremation of the remains of (name of deceased - in BLOCK CAPITALS).....................................................................................
(address)..........................................................................................................................................................................................
(occupation) ............................................ .......................................................................................................................................
Having attended the deceased before death, and seen and identified the body after death, I give the following answers to the questions set out below:
1. On what date and at what hour did he or she die?
2. What was the place where the deceased died? (Give address and say whether own residence, lodgings, hospital, nursing home, etc.)
3. Are you a relative of the deceased? If so, state the relationship.
4. Have you, so far as you are aware, any pecuniary interest in the death of the deceased?
5. Were you the ordinary medical attendant of the deceased? If so, for how long?
6. For how long did you attend the deceased during his or her last illness? Give dates of last two attendances.
7. When did you last see the deceased alive? (Say how many days or hours before death.)
8. How soon after death did you see the body, and what examination of it did you make?
9. What was the cause of death?
Primary....................................
Secondary...............................
(Specify the disease, injury, etc., and if possible distinguish the primary from the secondary cause as in the death certificate.)
10. Was there any other cause which contributed to or accelerated death? If so, state it, and if more than one cause, state them all.
11. What was the mode of death? Say whether syncope, coma, exhaustion, convulsions, etc.) What was its duration in days, hours or minutes?
12. State how far the answers to the last two questions are the result of your own observations, or are based on statements made by others. If on statements made by others, say by whom.
13. Did the deceased undergo any operation during the final illness or within a year before death? If so, what was its nature, when was it performed, and who performed it?
14. By whom was the deceased nursed during his or her last illness? (Give names and say whether professional nurse, relative, etc. If the illness was a long one, this question should be answered with reference to the period of four weeks before the death.)
15. Who were the persons (if any) present at the moment of death?
16. In view of your knowledge of the deceased's habits and constitution, do you feel any doubt whatever as to the character of the disease or the cause of death?
17. Do you know, or have you any reason to suspect, that the death of the deceased was due, directly or indirectly to-
(a) poison; (b) violence;
(c) illegal operation;
(d) privation or neglect?
18. Have you any reason whatever to suppose a further examination of the body to be desirable?
19. Have you given the certificate required for registration of death? If not, who has? I hereby certify that the answers given above are true and accurate to the best of my knowledge and belief, that there is no circumstance known to me which can give rise to any suspicion that the death was due wholly or in part to any other cause than disease/accident, and that there is no circumstance of any sort known to me which makes it undesirable that the body should be cremated.
Date............................................
....................................................
(Signature)
(Address) .......................................................
(Registered qualifications) .............................................................
NOTES
This certificate must be given by a medical practitioner who attended the deceased during his or her last illness and who can certify definitely as to the cause of death.
This certificate must be handed or sent in a closed envelope by the medical practitioner who signs it to the medical practitioner who is to give the confirmatory certificate in Form 3.
FORM 3
CONFIRMATORY MEDICAL CERTIFICATE
I, .............................................................................. (full names in BLOCK CAPITALS).................................................. have examined the certificate in Form 2 and have made personal inquiry as stated in my answers to the questions below:
1. Name of deceased-in BLOCK CAPITALS.
2. Have you seen the body of the deceased?
3. Have you carefully examined the body externally?
4. Have you made a post-mortem examination of the body of the deceased?
5. Have you seen and questioned the medical practitioner who gave the certificate in Form 2?
6. Have you seen and questioned any other medical practitioner who attended the deceased?
7. Have you seen and questioned any person who nursed the deceased during his or her last illness, or who was present at the death?
8. Have you seen and questioned any of the relatives of the deceased?
9. Have you seen and questioned any other person?
(On the answers to questions 6, 7, 8 and 9 give names and addresses of persons seen and say whether you saw them alone.)
I am satisfied that the cause of death was ................................................................ and I certify that I know of no circumstance which can give rise to any suspicion that death was due wholly or in part to any other cause than disease/accident, and that there is no circumstance of any sort known to me which makes it undesirable that the body should be cremated.
I am not a relative of the deceased nor a relative or partner or employee of Dr............................................................who has given the certificate in Form 2, and so far as I am aware I have no pecuniary interest in the death of the deceased.
......................................................................................................
(Signature)
(Address) ......................................................................................
(Registered qualifications .............................................................
and year of first registration)
Date.......................................................... ......................................
(Office)
NOTES
This certificate, if not given by a medical practitioner who has carried out a post-mortem examination of the body of the deceased, shall be given by a medical practitioner of not less than five year's standing:
Provided that no medical practitioner who is a relative of the deceased or a relative or partner or employee of the medical practitioner who has given the certificate in Form 2 or a person having any pecuniary interest in the death of the deceased, may give this certificate.
Where a post-mortem examination of the body of the deceased has been carried out by a medical practitioner not approved by the medical referee, such medical practitioner must complete this certificate instead of the certificate in Form 4.
This certificate, and the certificate in Form 2, must be handed or sent in a closed envelope to the medical referee by one or other of the medical practitioners by whom they are given.
FORM 4
CERTIFICATE AFTER POST-MORTEM EXAMINATION
I, ............................................... (full names-in BLOCK CAPITALS) hereby certify that acting *Where the medical referee himself gives this certificate, strike out the words in italics and insert "as".
The words in italics should be omitted where a toxicological analysis has been made and its result is stated in this certificate or in a certificate attached to it.*on the instructions of the medical referee to ..............................................I made a post-mortem examination of the body of ............................................................ (name-in BLOCK CAPITALS) (address) .........................................................................................................(occupation)............ ...........................................................................................................................................................................................................
I am satisfied that the cause of death was.......................................... and that there is no reason for making any toxicological analysis or for the holding of an inquest.
.......................................................
(Signature)
(Address) .....................................
Date..............................................
(Registered qualifications)
NOTE
This certificate must be given by a medical practitioner approved by the medical referee, and must be handed or sent in a closed envelope to the medical referee, except where the medical referee himself makes the post-mortem examination.
FORM 5
MAGISTRATE'S CERTIFICATE
I, .......................................(full names-in BLOCK CAPITALS) certify that I have *held an inquest ( which has been adjourned until .................................... to ascertain the cause of the accident) directed a post-mortem examination to be made on the body of .......................................... and that ..........................................................................................
*my conclusion the cause of death as disclosed by the report of the post-mortem examination was as follows:
Medical evidence was given by .......................................................... (in BLOCK CAPITALS) I am satisfied from the evidence that the cause of death was ............................................................. and that no circumstance exists which could render necessary any further examination of the body or any analysis of any part of the body.
Date and place.............................................
*Strike out whichever is inapplicable.
......................................................................
Magistrate
Strike out the words in italics in all cases except those in which death occurs in connection with an industrial, railway, flying or road accident.
NOTE
This certificate must be handed or sent in a closed envelope to the medical referee.
FORM 6
AUTHORITY TO CREMATE
Whereas application has been made for the cremation of the body of ..................... (name*-in BLOCK CAPITALS) (address) ............................... (occupation) .................................................................................................................................................
And whereas I have satisfied myself that all the requirements of the Public Health (Creamatoria and Cremation) Regulations have been complied with, that the cause of death has been definitely ascertained, and that there exists no reason for any further inquiry or examination:
I hereby authorise the superintendent of the ......................................................... Crematorium at ................................... to cremate the said body.
...............................................
(Signature)
Medical referee to
Date........................................
NOTE
This authority should be signed in duplicate, one copy to be retained with certificates and the other sent by the medical referee to the superintendent of the cremzatorium.
*In the case of a stillborn child, in place of the name, address and occupation, insert a description sufficient to identify the body, and in place of the words "that the cause of death has been definitely ascertained" insert the words "that the child was stillborn".
FORM 7
REGISTER OF CREMATION
Carried out by............................................................at the Crematorium at................................................................................................................
No. | Date of cremation | Name, residence and occupation of deceased | Age and sex | Whether married or unmarried | Date of death | Name and address of person who applied for cremation | Names and addr of persons sig certificates |
Note.- Additional particulars may be added in the Form of Register by the Cremation Authority.
FORM 8
NOTIFICATION OF CREMATION
This is to certify that the body of ............................................... deceased, who died on the day of ................................................. 20....... at ................................. was cremated on the day of........................................ 20....... at ..................................................... Crematorium. Witness my hand this day of ....................................... 20.......
Serial Number in Register of Cremations:
No...................................................................
........................................................................
Superintendent of Crematorium
NOTE
This notification should be completed and signed in quadruplicate and distributed as follows:
ORIGINAL: To the Cremation Authority-to be filed with the application, certificates, statutory declarations and other documents relating to the cremation, in terms of regulation 30 of the Public Health (Crematoria and Cremation) Regulations.
DUPLICATE: Within ninety-six hours of cremation of the body, to the Registrar of Births and Deaths for the District in which the death took place, or if death took place elsewhere than in Zambia, to the Registrar of Births and Deaths for the District in which the crematorium is situate.
TRIPLICATE: To the person who applied for the cremation in Form 1, at the address stated on that form.
QUADRUPLICATE: To be retained by the Superintendent of the Crematorium at which the cremation took place.
PROHIBITION OF GROWING OF CERTAIN CROPS (PEMBA TOWNSHIP) ORDER
[Section 102]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Paragraphs
Paragraph
2. Prohibition of growing of crops
[Order by the Minister on the advice of the Central Board of Health]
This Order may be cited as the Prohibition of Growing of Certain Crops (Pemba Township) Order.
2. Prohibition of growing of crops
The growing of maize and sorghum crops within Pemba Township is hereby prohibited.
PUBLIC HEALTH (NOTIFIABLE INFECTIOUS AND FORMIDABLE EPIDEMIC DISEASE) (DECLARATION) NOTICE
[Sections 9 and 29]
Arrangement of Paragraphs
Paragraph
2. Declaration of notifiable infectious, formidable epidemic disease
SI 49 of 2014.
This Notice may be cited as the Public Health (Notifiable Infectious and Formidable Epidemic Disease) (Declaration) Notice, 2014.
2. Declaration of notifiable infectious, formidable epidemic disease
The disease specified in the Schedule is declared a notifiable infectious and formidable epidemic disease.
SCHEDULE
[Paragraph 2]
Ebola Virus Disease (E.V.D)
PUBLIC HEALTH (INFECTED AREAS) (CHOLERA) REGULATIONS
[Sections 28 and 30]
Arrangement of Regulations
Regulation
3. Conversion of building as hospital, observation camp or station
4. Exit from hospital, observation camp or station
6. Entry into premises for enquiry
7. Informing authorised officer in local authority or public health facility
9. Prohibition or restriction on sale
10. Prohibition or restriction on trading or vending in unsanitary conditions
11. Non-compliance with direction, prohibition or restriction
12. Sanitation and hygiene in public premises
SI 79 of 2017.
These Regulations may be cited as the Public Health (Infected Areas) (Cholera) Regulations, 2017.
In these Regulations, unless the context otherwise requires-
"authorised officer" means a Medical Officer of Health, a Health Inspector, or a suitably qualified person authorised in writing by the Minister or by a local authority with the approval of the Minister;
"building" means a temporary or permanent structure owned by a State institution;
"Health Inspector" has the meaning assigned to the word in the Act;
"infected area" means a part of Zambia declared as being or appearing to be threatened by the epidemic of Cholera;
"Medical Officer of Health" has the meaning assigned to the word in the Act;
"State institution" has the meaning assigned to the word in the Constitution; and
"unsanitary condition" means a condition or circumstance that might generate, promote, or transmit cholera to a person.
3. Conversion of building as hospital, observation camp or station
The Ministry responsible for health may convert a suitable building to a hospital or observation camp or station for the purpose of placing persons suffering from or who have been in contact with persons suffering from cholera.
4. Exit from hospital, observation camp or station
(1) A person shall not leave a hospital, observation camp or station referred to in regulation 3 without the permission of an authorised officer or Medical Officer of Health.
(2) A person shall comply with the direction of an authorised officer or Medical Officer of Health under sub-regulation (1).
The body of a person who has died from cholera shall be disposed of in conformity with the directions of an authorised officer.
6. Entry into premises for enquiry
An authorised officer may enter any premises to search for a case of cholera or to enquire whether there is or has been a case of cholera.
7. Informing authorised officer in local authority or public health facility
A person who becomes aware or has reason to suspect that another person has died or is suffering from cholera shall immediately inform the nearest authorised officer in a local authority or a public health facility.
A public ceremony or a gathering of more than five persons, not being a family shall not be held in an infected area without the written permission of a local authority or Medical Officer of Health.
9. Prohibition or restriction on sale
An authorised officer may prohibit or restrict the sale of fish from any waters, meat or perishable and ready to eat foods from a trade, occupation or location entailing danger to the health of those engaged in the trade or occupation, and may institute measures for preventing or limiting the danger.
10. Prohibition or restriction on trading or vending in unsanitary conditions
An authorised officer shall prohibit or restrict trading in or vending of food in unsanitary conditions.
11. Non-compliance with direction, prohibition or restriction
A person who fails to comply with the direction, prohibition or restriction of an authorised officer under these Regulations commits an offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a term not exceeding six months, or to both.
12. Sanitation and hygiene in public premises
(1) An authorised officer may inspect a public premises in order to ensure that it has sufficient sanitation and hygiene to prevent the occurrence or transmission of cholera.
(2) An authorised officer may order the cleaning or closure of the public premises or burial of any contaminated water body where the officer determines that a public premises does not have sufficient sanitation and hygiene to prevent the occurrence or transmission of cholera.
The measures referred to in these Regulations will be effected if the urgency category levels described in the Schedule reach the alert levels.
A person who contravenes these Regulations commits an offence and is liable, on conviction to the penalty specified in the Act fine not exceeding two thousand five hundred penalty units or to imprisonment for a term not exceeding six months, or to both.
[Regulation 12]
URGENCY CATEGORY LEVELS
The Urgency Category Levels are as follows-
(a) "alert level" conveying the highest level of importance warranting immediate action or attention;
(b) "advisory level" requiring the provision of important information for a specific incident or situation and does not require immediate action; or
(c) "update level" requiring the provision of updated information for a specific incident or situation and unlikely to require immediate action.
PUBLIC HEALTH (NOTIFIABLE INFECTIOUS DISEASE) (DECLARATION) NOTICE
[Sections 9 and 28]
Arrangement of Paragraphs
Paragraph
2. Declaration of notifiable infectious disease
SI 21 of 2020.
This Notice may be cited as the Public Health (Notifiable Infectious Disease) (Declaration) Notice, 2020.
2. Declaration of notifiable infectious disease
The disease specified in the Schedule is declared a notifiable infectious disease.
[Paragraph 2]
Coronavirus Disease 2019
PUBLIC HEALTH (INFECTED AREAS) (CORONAVIRUS DISEASE 2019) REGULATIONS
[Sections 28, 30 and 114]
Arrangement of Regulations
Regulation
3. Conversion of building as hospital, observation camp or station
4. Exit from hospital, observation camp or station
5. Entry or exit from infected area
7. Entry into premises for enquiry
8. Informing authorised officer in local authority or public health facility
10. Prohibition or restriction on trade
11. Prohibition or restriction on trading or vending in unsanitary conditions
12. Sanitation and hygiene in public premises
SI 22 of 2020,
SI 62 of 2020.
These Regulations may be cited as the Public Health (Infected Areas) (Coronavirus Disease 2019) Regulations, 2020.
In these Regulations, unless the context otherwise requires-
"authorised officer" means a Medical Officer of Health, Health Inspector, District Medical Officer, Environmental Health Officer or a suitably qualified person authorised in writing by the Minister or a local authority with approval of the Minister;
"building" has the meaning assigned to the word in the Act;
"conveyance" means a system or means of conveying people or goods from place to place and includes an aircraft, ship, train, vehicle or any other means of transportation;
"COVID-19" means the Coronavirus Disease 2019;
"health facility" means any site, fixed or mobile providing services to the public for the prevention diagnosis and treatment of disease or illness and includes a diagnosis centre, a hospice and a hospital;
"infected area" means a part of the Republic or any conveyance declared as being or appearing to be threatened by the epidemic of COVID-19; and
"unsanitary condition" means a condition or circumstance that might generate, promote or transmit COVID-19 to a person.
3. Conversion of building as hospital, observation camp or station
The ministry responsible for health may convert a suitable building to a hospital, observation camp or station for the purpose of placing a person suffering or suspected to be suffering from, or who has been in contact with a person suffering from COVID-19.
4. Exit from hospital, observation camp or station
(1) A person shall not leave a hospital, observation or station referred to in regulation 3 without the permission of an authorised officer.
(2) A person shall comply with any direction of the authorised officer under sub-regulation (1).
5. Entry or exit from infected area
(1) A person shall not enter or leave an infected area without-
(a) the permission of an authorised officer in a local authority of the infected area; and
(b) complying with any direction given by an authorised officer in a local area.
(2) Subject to sub-regulation (1) a person who intends to enter or leave an infected area may, before entering or leaving the infected area, be required to undergo the following-
(a) medical examination;
(b) disinfection; or
(c) remain for a specified period in a hospital, an observation camp or station converted under regulation 3.
The body of a person who has died from COVID-19 shall be disposed of in conformity with the directions of an authorised officer.
7. Entry into premises for enquiry
An authorised officer may enter premises to search for a case of COVID-19 or to enquire whether there is or has been a case of COVID-19.
8. Informing authorised officer in local authority or public health facility
A person who becomes aware or has reason to suspect that another person has died or is suffering from COVID-19 shall immediately inform the nearest authorised officer in a local authority or a public health facility.
A public ceremony or gathering shall not be held in an infected area without the written permission of an authorised officer.
[Reg 9 subs by reg 2 of SI 62 of 2020.]
10. Prohibition or restriction on trade
(1) An authorised officer may prohibit or restrict the trade of food products and ready to eat foods from and in any location which may pose a danger to health of the consumers and the traders.
(2) An authorised officer may, in accordance with sub-regulation (1), institute measures for preventing or limiting the danger to health.
11. Prohibition or restriction on trading or vending in unsanitary conditions
An authorised officer shall prohibit or restrict trading in or vending of food in unsanitary conditions.
12. Sanitation and hygiene in public premises
(1) An authorised officer may inspect public premises in order to ensure that it has sufficient sanitation and hygiene to prevent the occurrence or transmission of COVID-19.
(2) An authorised officer may order the cleaning or closure of a public premise or burial of any contaminated water body where the authorised officer determines that public premises or a water body does not have sufficient sanitation and hygiene to prevent the occurrence or transmission of COVID-19.
The measures referred to in these Regulations will be effected if the urgency category levels described in the Schedule reach the alert level.
A person who fails to comply with a direction, prohibition or restriction of an authorised officer or otherwise contravenes these Regulations commits an offence and is liable, on conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a term not exceeding six months, or to both.
[Regulation 13]
URGENCY CATEGORY LEVELS
The Urgency Category Levels are as follows-
(a) "alert level" conveying the highest level of importance and warranting immediate action or attention;
(b) "advisory level" requiring the provision of important information for a specific incident or situation and does not require immediate action; or
(c) "update level" requiring the provision of updated information for a specific incident or situation and unlikely to require immediate action.
{/mprestriction}