Aug. 18.] THE NEW ZEALAND GAZETTE. 3197

Special Order made by the Eden Terrace Road Board, County of Eden, making By-laws.

Office of the Minister of Internal Affairs,
Wellington, 11th August, 1910.

THE following special order, made by the Eden Terrace Road Board, is published in accordance with the provisions of the Road Boards Act, 1908.

D. BUDDO,
Minister of Internal Affairs.

EDEN TERRACE ROAD BOARD.

Building By-laws No. 4.

BY-LAWS of the Eden Terrace Road Board, made in pursuance of the powers and provisions contained in the Road Boards Act, 1908, and the Public Health Act, 1908, and in pursuance of all and every other power in that behalf contained enabling the said Board in that behalf.

The Eden Terrace Road Board doth hereby by special order ordain as follows :—

1. These by-laws shall be read with and as extending and amending Building By-laws No. 3 of the Eden Terrace Road District, made on the 4th day of August, 1908, and confirmed on the 15th day of September, 1908 (hereinafter referred to as “the said by-laws”); and words herein used and defined in the said by-laws shall have the same meaning and be interpreted in the same way as the same words when used in the said by-laws.

2. Throughout these by-laws, if not inconsistent with the context, the word “Inspector” shall mean the Inspector for the time being appointed by the Board; or if there is no such Inspector appointed, then the Clerk of the Board for the time being shall be deemed to be the Inspector for the purposes of these by-laws.

3. Clause (c) of section 2 of the said by-laws is hereby revoked, and in lieu thereof the following clause is substituted :—

“(c.) The erection of a new dwellinghouse shall not be commenced or proceeded with until the person who purposes to carry out such work shall have made application to the Clerk in the form set forth in the First Schedule of these by-laws. Such person shall at the same time lodge with the clerk—

“(1.) A complete specification of the new dwellinghouse for perusal by the Board :

“(2.) Complete plans, in duplicate, showing the block-plan and sections of the said site, the measurement of the area thereof, the measurements of the height and the distance from the boundaries of such dwellinghouse as required by the provisions of the said by-laws, and the position of every proposed closet, urinal, sink, trap, drain, and vent.

“Such plans and sections shall be in ink on drawing-paper or tracing-cloth, and shall be to a scale not less than ⅛ in. to a foot. The Board shall be entitled to retain one copy of the said plans. 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 specification, plans, and sections, the Board may dispense with the production of some or all of them. If all conditions required by these by-laws are or can be fulfilled by the proposed works as described in such specification and plan, a permit for the erection of the dwellinghouse shall be issued by the Board; and such erection shall not be commenced or proceeded with until such permit shall have been issued, and then not otherwise than in accordance with and conformity to the said specification and plans.”

4. No iron shall be laid on shingles on the roof of any building or buildings.

5. The following proviso shall be added to clause (d) of section 2 of the said by-laws :—

“Provided that this clause shall not apply to prevent the erection of a building or buildings on an allotment, lot, or section, and having a frontage to a public road, which allotment, lot, or section does not comply with the requirements of this clause, but which is shown as a separate and distinct area on any plan lodged or deposited in the Deeds Register Office or the Land Transfer Office, at Auckland, before the 4th day of August, 1908, or any site that was occupied by a dwelling prior to the 22nd day of October, 1908; or to prevent the erection of a shop (with or without dwellingrooms attached) upon any site having a frontage to a public road; nor to prevent the erection of shops and dwellings combined, or a shop or a dwelling only, if such building or buildings are entirely erected in brick or concrete. Provided always that in the erection of any such building provision shall be made for the disposal of sewage and offensive matter from such building, in accordance with the by-laws for the time being of the Board and any statute or statutes applying thereto.”

Site-formation.

6. Clause (e) of section 2 of the said by-laws is hereby revoked, and in lieu thereof the following is substituted, namely :—

“(e.) The ground on which any new dwellinghouse is to be erected, and the ground immediately adjoining any such new dwellinghouse, shall be so formed and graded that no water can lodge thereon or thereunder, or run under such dwellinghouse when erected; and no person shall commence the erection of any dwellinghouse upon any site having matter thereon which might prove deleterious to the health of the occupants of such dwellinghouse until such matter has been completely and entirely removed.”

7. Clause (f) of section 2 of the said by-laws is hereby amended by the addition of the following after the end of that clause :—

“The provisions of this clause shall be deemed to be complied with if the open space at the rear and side of any dwellinghouse is equal to one and one-half times the area that would be required to be left at the side or at the rear if the provisions of this clause were complied with, even though the various requirements of the original clause (f) of section 2 of the said by-laws have not been strictly complied with. The minimum distance across the open space so provided shall be clear of all obstructions for not less than 15 ft. from every part of the dwellinghouse.”

Stables.

8. No person shall build, erect, or put up any stable except in the following manner, and in compliance with the following conditions, to wit :—

(a.) No stable, the walls of which shall be constructed of wood or iron, shall be built within 15 ft. of a dwelling or 10 ft. of any adjoining boundary, unless same is constructed of brick, stone, or concrete, or the outer walls of which are at least 5 ft. high. All stables (whether of wood or iron, or of brick, stone, or concrete) shall have a brick wall constructed at back, front, and ends of not less than 6 in. above floor of stable.

(b.) No ventilators or openings in the walls of any stable shall be made so as to open on to any boundary.

(c.) The floor of every stable shall be properly and efficiently paved with stone, wood blocks, concrete, asphalt, or iron tiles, laid with a proper fall to a trapped drain connected with a public sewer; and such floor shall at all times be kept in such a state of repair as will prevent the creation of a nuisance.

(d.) A receptacle for manure and refuse shall be built contiguous to every stable, and shall be constructed of brick, concrete, or cement, and so as to be watertight. Such receptacle shall be not less than 10 ft. from any dwelling.

(e.) Should any stable existing in the district at the coming into force of this by-law, which is not constructed in accordance with the foregoing provisions, cause a nuisance or injury to health (owing to its mode of construction, or to the absence of any structural convenience therein or thereto, or by reason of the undue proximity of such stable to any adjoining premises or to any public road, or by means of any other matter or thing whatsoever), then and in every such case it shall be the duty of the owner of such stable, upon notice being served upon him, at the instance of the Board, requiring him to abate such nuisance, and within a time in such notice limited, to execute such work and things as may be necessary to abate such nuisance.

9. No person shall throw, place, or lay any building or other materials, or building-rubbish, or put up, construct, or erect any stage, ladder, scaffolding, hoarding, or fence on, in, upon, across, or over any public or private street, footway, channel, right-of-way, or public place, unless he shall first have obtained a written permit so to do from the Board.

10. Every person who shall erect any scaffolding or stage on or upon, over or across, any street, road, or public place shall, if such scaffolding or stage shall be erected for the purpose of and in connection with—

(a.) The taking-down of any building or structure, cause the footpath immediately adjoining such scaffolding or stage, from the time of the commencement of the taking-down of such building