3198
THE NEW ZEALAND GAZETTE.
[No. 103

occupier at the time any instalment becomes payable shall be primarily liable therefor.

(4.) Failing payment of the fee or any instalment thereof by the inhabitant occupier primarily liable therefor on demand, the fee or instalment shall be recoverable by the Department as a separate rate from every or any person who would for the time being be liable to pay the same if the same were levied as a separate rate in respect of the premises in question.

Urinals.

38. Urinals.—Every urinal shall be placed, constructed, and fitted as follows:—

(a.) No urinal or slop-sink shall be erected in any room or closet used for any other purpose than as a lavatory or water-closet.

(b.) Any urinal erected or placed within any building used or partly used as a dwellinghouse, shop, factory, or workshop, and any urinal erected or placed within 15 ft. of any such building and not being unroofed and open to the air shall have a basin or divisions of earthenware or enamelled iron with a flushing-rim properly supplied with water, and shall be fitted with a waste-pipe of lead trapped by a lead trap and caused to discharge over a gully-trap placed outside the building or structure.

(c.) Any urinal erected or placed otherwise than as before mentioned may either be constructed and fitted as before mentioned or, in lieu thereof, be so constructed as to conduct the urine over impervious channels to a proper gully-trap suitably placed.

(d.) Where a urinal or slop-sink is contiguous to a water-closet, the soil and ventilating-pipes of the latter may be used for the former.

(e.) Every slop-sink and every urinal placed within a building so as to require the connection with the drain to be made within or underneath the building shall be ventilated and connected after the manner hereinbefore provided for a water-closet.

General Provisions.

39. Application of By-laws to Existing Buildings.—(1.) Where any building shall have been erected before the coming into operation of these by-laws, and such building or any premises belonging thereto—

(a.) Shall be without any drain or other sanitary work or appliance of any description which would be required by this Part of these by-laws if such building were a new building; or

(b.) Shall have any drain, water-closet, or other sanitary work or appliance which does not comply with the provisions of such Part of these by-laws,—

it shall be lawful for the Resident Officer, at any time after such coming into operation, by notice in writing under his hand given to the owner for the time being of such building and premises, to require such owner, within a time stated in the notice, to execute and provide in connection with such building or premises any works and appliances whatever necessary to cause such building or premises to comply with such Part of these by-laws in like manner as if such building had been erected after the coming into operation of these by-laws.

(2.) Every such notice shall specify the works and appliances required to be executed and provided, and may be renewed from time to time.

(3.) Such owner shall comply with such notice within the time aforesaid.

(4.) The Resident Officer may, nevertheless, by writing under his hand, exempt the owner of any such building or premises from compliance with any provision of this Part of these by-laws for such time as shall be stated in such writing if the Resident Officer shall be of opinion and shall certify that such exemption may safely be made in the interests of public health.

40. Maintenance of Sanitary Works.—The owner and occupier respectively for the time being of every building, land, or premises shall, in respect of all drains, water-closets, and other sanitary works and appliances therein or thereon, or connected therewith, do the following things:—

(1.) The owner shall cause the same to be kept in good substantial repair and perfect working-order.

(2.) The occupier shall keep the same clean and free from obstructions.

41. Case of Premises having no Drainage or Water-supply.—Where any premises are not situate within 100 ft. of any sewer to which they are or can be drained, or are not connected with the waterworks, or have not otherwise a sufficient water-supply, and in consequence thereof it is impossible or impracticable to comply with any provision of this Part of these by-laws, it shall be unlawful to construct or maintain or use any work or appliance affected by this Part of these by-laws in a manner or under conditions to be or likely to become injurious to health or a nuisance.

42. Power to examine and test Sanitary Works.—(1.) The Resident Officer, or any officer or servant of the Department authorised by him (either generally or in the particular case) may, with or without assistants, at any reasonable time or times, examine or test any drain or sanitary work, appliance, or fitting whatever, and for or in connection with such purpose may open the ground of any premises and remove any part of any building or work that can be removed and replaced without occasioning structural injury.

(2.) If the drain, or sanitary work, appliance, or fitting, is found to be in compliance with these by-laws and in good repair, order, and condition, the Department shall cause the ground to be properly filled up and made good, and the parts of the building or work to be properly replaced.

43. Saving of Statutory Powers.—Nothing in this or any other Part of these by-laws shall be deemed to take away or prejudice any of the powers in relation to drainage or sanitation given to the Department or to any officer thereof by “The Municipal Corporations Act, 1908,” or “The Public Health Act, 1908,” or any other Act, or by the said regulations made by the Governor in Council under “The Rotorua Town Act, 1907,” and in particular the Department shall have the powers given by sections 216, 217, and 218 of the first-named Act.

PART XVI.—STABLES.

1. Stables to be used only if complying with these By-laws.—No occupier of any premises shall place any horse or cattle, or suffer any horse or cattle to be placed, in any stable on his premises unless such stable is built, constructed, repaired, placed, and fitted, and kept, as required by this Part of these by-laws.

2. Construction.—Every stable hereafter erected shall be well and substantially built.

3. Distance from Dwellings, &c.—No stable shall be hereafter erected or established within 15 ft. of any dwellinghouse, shop, office, factory, or workshop, whether on the same premises as the stable or not. But nothing in this clause contained shall be deemed to forbid any persons in charge of horses or cattle sleeping or residing in any room forming part of any stable, notwithstanding that such room may be within 15 ft. of such stable.

4. Dwellings, &c., not to be erected within 15 ft. of Stables on same Premises.—(1.) It shall not be lawful to erect after the commencement of these by-laws a dwellinghouse, shop, office, factory, or workshop on any premises so as to be within 15 ft. from any then-existing stable on the same premises if the stable is intended to be used as such.

(2.) After the erection of such dwellinghouse or other building as aforesaid it shall not be lawful for the occupier for the time being of such stable as aforesaid to place or suffer to be placed any horse or cattle therein so long as it remains within such 15 ft.

5. Repairs.—Every stable, and all appurtenances thereto, shall be kept in good and substantial repair and condition.

6. Deposit of Dung.—No occupier shall deposit any dung, manure, filth, or other noxious matter from any stable (or suffer the same to be deposited on his premises) within 15 ft. of any dwellinghouse, shop, office, factory, workshop, or street.

7. Watertight Floor.—All stables situated within 30 ft. of any house, shop, office, factory, workshop, or street shall have an impervious watertight floor so constructed and maintained that all liquid matter falling thereon shall be conducted to a drain properly connected either with a public sewer or with a sewage-tank. Such drain shall be provided with a trap of a form specially constructed to retain silt.

8. Removal of Dung.—The occupier of any premises whereon there is a stable shall cause all dung, manure, filth, or other noxious matter produced or being in such stable to be removed from the stable once at least in every twenty-four hours, and shall keep such stable clean and free from smell.

9. Receptacle for Dung.—(1.) The occupier of any premises on which there is a stable situated within 30 ft. of any house, shop, office, or factory, workshop, or street, shall provide and place a suitable receptacle for all dung, manure, filth, or other noxious matter which may from time to time be produced in the keeping of any horse or cattle in such stable. The bottom of the floor of such receptacle shall not in any case be lower than the surface of the adjoining ground. The receptacle shall be constructed in such a manner and of such material, and shall at all times be maintained by such occupier in such a condition, as will prevent any escape of the contents thereof or any soakage therefrom.

(2.) Such occupier shall cause the contents of such receptacle to be removed from the premises, and the receptacle to be properly cleansed once at least in each week, and in default thereof respectively shall be liable to a fine not exceeding £1 for every day on which the default is made or continues.

10. Case of Existing Stables within 15 ft. of Dwellinghouses, &c.—(1.) In any case where—