May 28.] THE NEW ZEALAND GAZETTE. 1541

Special Order made by the Otahuhu Road Board, County of Manakau, making By-laws.

Office of the Minister of Internal Affairs,
Wellington, 21st May, 1908.

THE following special order, made by the Otahuhu Road Board, is published in accordance with the provisions of “The Road Boards Act, 1882.”

JOHN G. FINDLAY,
Minister of Internal Affairs.

OTAHUHU ROAD BOARD.

BY-LAWS of the Body Corporate under the name of “The Inhabitants of the Otahuhu Road District,” made and enacted by the Otahuhu Road Board in pursuance of the powers vested in it by “The Road Boards Act, 1882,” and its amendments, “The Public Health Act, 1900,” and its amendments, “The Public Works Act, 1905,” and by all or any other statutes it thereunto enabling.

Building By-laws.

No person shall erect a new dwellinghouse within the district except in conformity with the following provisions:—

(a.) The ground upon which any dwellinghouse is erected, together with the whole curtilage thereof enclosed within the boundary fences, walls, or lines of the premises, shall be deemed to be the site of such dwellinghouse within the meaning of these by-laws.

(b.) The erection of a dwellinghouse upon vacant land or upon a site previously occupied by any building, or the re-erection of any house pulled down to within 5 ft. of the ground floor, or the conversion into more than one dwellinghouse of a building originally constructed as one dwellinghouse only, or an addition or raising of a house (so far as such addition or raising is concerned), or the procuring of an existing dwellinghouse or of any other building or part of a building intended to be re-erected and used as a dwellinghouse or part of a dwellinghouse, and re-erection of the same upon the site, shall be deemed to be the erection of a new dwellinghouse within the meaning of these by-laws.

(c.) The erection of a new shop or dwellinghouse shall not be commenced or proceeded with until the person who proposes to carry out such work shall have made application to the Board in the form set forth in the Schedule to this by-law. Such person shall at the same time lodge with the Clerk complete plans, showing the block-plan and sections of the said building, and the measurements of the height and distance from the boundaries of such shop or dwellinghouse, as required by the provisions of this by-law: Provided always that if the work proposed to be done is of such a trivial nature as in the opinion of the Board not to require the preparation of such plans and sections, it may dispense with their production. When the Board is satisfied that all conditions required by this by-law are or can be fulfilled by the proposed works as described in such plans, and after the payment of the fees set forth in the Schedule hereof, a permit for the erection of the dwellinghouse or shop shall be issued by the Clerk.

(d.) Except as provided by next succeeding subsection (e), no person shall erect a new dwellinghouse in the district upon a site of a less area than ⅙ of an acre, and unless such site shall have a frontage of at least 50 ft. to a public road.

(e.) The preceding subsection (d) shall not apply to prevent the erection of one new shop or dwelling-house on an allotment, lot, or section which does not comply with the requirements of subsection (d), but which is shown on any public plan, or plan lodged or deposited in the Deeds Registration Office or the District Land Registry Office, at Auckland, prior to the coming into operation of these by-laws, or on a site owned at the date of these by-laws by a person not owning any adjoining land, or prevent the erection or re-erection of a shop and dwellinghouse combined upon any site having a frontage to the Great South Road: Provided that where more than one shop is erected on the frontage of the site not more than one dwellinghouse shall be permitted for every 33 ft. of such frontage.

(f.) The ground on which any new dwellinghouse is erected, and the ground immediately adjoining any such new dwellinghouse, shall be so formed and graded that no water can lodge thereon or under such house, or run under such house, and no person shall commence the erection of any building upon any site having matter thereon which might prove deleterious to the health of the occupants of such building until such matter has been removed to the satisfaction of the Sanitary Inspector of the Board.

(g.) No person shall erect a dwellinghouse in the district unless he provide at the side or in the rear thereof an open space exclusively belonging to such house, and of an aggregate area of not less than 800 square feet: Provided that such open space shall extend throughout the entire width, or in the alternative throughout the entire depth, of the site, and shall be free from any erection thereon above the level of the ground, and shall be so maintained while the site is occupied by the house: Provided also that the minimum distance across such open space from every part of any dwellinghouse, wash-house, shed, convenience, or other erection attached thereto shall be as follows:—

(1.) If the height of the house does not exceed 15 ft.—15 ft.

(2.) If the height exceeds 15 ft. but does not exceed 25 ft.—20 ft.

(3.) If the height exceeds 25 ft. but does not exceed 35 ft.—25 ft.

(4.) If the height exceeds 35 ft.—30 ft.

For the purposes of these by-laws, where the side boundaries of any site are not of the same length, the mean length of such side boundaries shall be taken as the depth of the site for the purpose of defining the distance across such open space; and the height of a dwellinghouse shall for the purpose of these by-laws be measured from the average level of the ground immediately adjoining the side or the rear of such dwelling-house, as the case may be, to the level of half the vertical height of the roof, or to the top of the parapet, whichever is the higher.

(h.) No person shall make any alteration or addition to any dwellinghouse (whether erected before the coming into operation of these by-laws or not) whereby the open space attached to such dwellinghouse shall be diminished by such alteration or addition so as to leave a less open space than is required by these by-laws to be provided.

(i.) In any foundation-wall, either of concrete, or bricks, or stone, either separate or conjoined, a proper damp-proof course of sheet 4 lb. lead, asphalt, or slates laid in cement, or other durable material impervious to moisture, shall be laid beneath the level of the lowest timbers and at a height of not less than 6 in. above the surface of the ground adjoining such wall.

(j.) No part of any plate or joist of any house shall be at a less distance in the case of a plate than 12 in., and in the case of a joist than 15 in., from any portion of the ground below or immediately adjoining such plate. The space between the lowest joist and the ground shall in all cases have sufficient and proper communication with the external air for the purpose of ventilation.

(k.) No room in any house other than a bath-room, closet, or store-room shall have a less average height than 9 ft. between the floor and the ceiling throughout an area equal to at least two-thirds of the floor-space.

(l.) Every room other than a bath-room, or closet, or store-room, shall be provided with at least one window other than a skylight opening direct to the external air, at least one-half of such window shall be movable or made to open, and the opening must extend to the top of the window, and the total glazed surface of such window or windows provided shall be equal in area to at least one-tenth of the floor-space of such room. At least a portion of one wall of every bath-room or water-closet shall be in contact with the external air.

(m.) No person shall use any materials in the erection, re-erection, or repair of any dwellinghouse which are unsound, insanitary, or improper to be used for their intended purpose, and any such materials shall within twenty-four hours of their condemnation by the Sanitary Inspector be removed