✨ Building and Health By-laws
and of an extent of not less than 400 square feet superficial. 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. The minimum distance across such open space from every part of the house and from any part of any wash-house, shed, convenience, or other erection added thereto shall be as follows:
(a) If the height of the house does not exceed 15 ft.—
15 ft. :
(b) If the height exceeds 15 ft. but does not exceed 25 ft.—20 ft. :
(c) If the height exceeds 25 ft. but does not exceed 35 ft.—25 ft. :
(d) 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 purposes of defining the distance across such open space; and the height of a house shall for the purposes of these by-laws be measured from the average level of the ground immediately adjoining the side or the rear of such 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.
Preventing Reduction of Space.
(g.) No person shall make any alteration or addition to any house (whether erected before the coming into operation of these by-laws or not) whereby the open space attached to such house shall be diminished by such alteration or addition so as to leave less open space than is required by these by-laws to be provided, or whereby the open space existing at the time these by-laws come into force, being less (computed as aforesaid) than that provided for in these by-laws, shall be diminished or reduced.
Foundations of Concrete, &c.
(h.) 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.
Plates and Joists above Ground.
(i.) No part of any plate or joist of any house shall be at a less distance in the case of a plate than 3 in., and in the case of a joist than 6 in., from any portion of the ground below or immediately adjoining such plate or joist, as the case may be. The space between the lowest joist and the ground shall in all cases have sufficient and proper communication with the external air for the purposes of ventilation.
Walls of Living-rooms.
(j.) No room in any house (other than a bath-room, closet, or storeroom) where the ceiling is not equidistant from the floor throughout shall have a less average height than 9 ft. between the floor and the ceiling over an area at least equal to at least two-thirds of the floor-space.
Ventilation and Lighting.
(k.) Every room other than a bath-room, or closet, or storeroom shall be provided with at least one window other than a skylight opening directly into 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 shall be equal in area to at least one-tenth of the floor-space of such room.
Walls of Bath-rooms and Closets.
(l.) A portion of one wall of every bath-room or water-closet shall be in contact with the external air.
Insanitary Material.
(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 no person shall bring or cause to be brought any such materials on the site whereon any building is being built, added to, altered, or repaired, until such building, addition, alteration, or repair shall have been completed.
PART II.
WITH RESPECT TO THE CONSERVATION OF THE PUBLIC HEALTH SAFETY AND CONVENIENCE AND ABATEMENT OF NUISANCES AND THE REGULATION AND SANITATION.
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The owner and occupier of any property within the district upon which at the date of the coming into operation of these by-laws there shall be a dwellinghouse, factory, shop, office, or other building erected, and which shall be situated within 150 ft. of a sewer measured from the nearest point thereof, shall within three calendar months after the date these by-laws come into operation cause the said dwellinghouse, factory, shop, office, or other building to be provided with sufficient and efficient drains to carry away the whole of the sewage and household waste water to a sewer, and shall cause the provisions of Part II of these by-laws to be complied with in relation to such dwellinghouse, factory, shop, office, or other building. And the owner and occupier of any property within the district upon which after the date of the coming into operation of these by-laws a dwellinghouse, factory, shop, office, or other building shall be erected, and which shall be situate within 150 ft. of a sewer, shall, before the said dwellinghouse, factory, shop, or other building shall be occupied, cause the same to be provided with sufficient and efficient drains to carry off the sewage and household waste water to a sewer, and shall cause the provisions of Part II of these by-laws to be complied with in relation to such dwellinghouse, factory, shop, office, or other building.
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The owner and occupier of any dwellinghouse, shop, office, factory, or other building within the district to which the provisions of clause 3 of these by-laws shall not apply at the time these by-laws shall come into operation shall, after such dwellinghouse, shop, office, factory, or other building shall become situate within 150 ft. of a sewer, and within a period of two calendar months after the service upon him of a notice under the common seal of the Board requiring him so to do, cause the said dwellinghouse, factory, shop, or other building to be provided with sufficient and efficient drains to carry off the sewage and household waste water to a sewer, and shall cause the provisions of Part II of these by-laws to be complied with in relation to such dwelling house, factory, shop, or other building.
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Every person on whose behalf any earth or water closet, urinal, bath, sink, lavatory, or sanitary convenience or appliance has been or shall be established, erected, or set up shall cause all the provisions of this by-law in any way affecting the same to be complied with both as regards the establishing, erecting, and setting-up thereof, and the providing, constructing, laying, erecting, setting-up, or affixing every drain, trap, article, or thing appertaining or which should appertain thereto; and in default thereof such person shall be deemed guilty of an offence, notwithstanding that some licensed drain-connector or licensed plumber or other person may also be liable to a penalty in respect to the same matter.
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The owner or occupier of any property desiring to have the same connected with a sewer shall make application at the Clerk's office in Form A in the Schedule hereto, and pay a fee of 2s. 6d., in advance, towards cost of inspection, &c., such fee to be paid for each dwelling or property to be drained.
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On receipt of such application and payment of the fee the Inspector shall visit and inspect the applicant's property and point out the position and line in which the connection shall be made.
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The Board only may make connections with sewers and lay drainpipes beneath public streets and footpaths. In the event of its being necessary to construct any portion of a drain on the property of some person other than the owner of the property to be drained, the Board only may undertake the construction of such portion. Any person requiring such connection shall pay, in advance, to the Board the reasonable cost of making the same as estimated by the Board, and if the same shall be found to be insufficient shall pay the balance on demand by the Board.
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As soon as possible after the receipt of an application the Board will, where practicable, and provided a sewer is within 600 ft. of the property to be drained, at its own cost, lay down a drainpipe from such sewer to within 150 ft. of that portion of the applicant's property nearest to the sewer.
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The expense of keeping in repair the drainpipes mentioned in section 8 may be borne by the Board, but if any of such pipes shall be choked by the placing or allowing to remain therein of any substance other than ordinary sewage the owner or occupier of the property drained by such pipes shall defray the cost incurred by the Board of clearing the pipe so choked. Where two or
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Building Regulations - Open Space and Construction Requirements
(continued from previous page)
🏘️ Provincial & Local GovernmentBuilding codes, Open space, Construction, Foundations, Ventilation, Lighting, Materials, By-laws
🏘️ Public Health and Sanitation By-laws - Sewer Connections
🏘️ Provincial & Local GovernmentPublic health, Sanitation, Sewerage, Drains, Waste water, By-laws, Property owners, Occupiers
NZ Gazette 1910, No 48