SEPT. 11.] THE NEW ZEALAND GAZETTE. 2765

GENERAL APPLICATION.

6. This by-law shall apply to all buildings within the district save as next hereinafter provided.

EXEMPTIONS.

7. This by-law shall not apply to any building—
   (a) Which has no floor or storey above the ground floor; or
   (b) For which a publican’s license or accommodation license under the Licensing Act, 1908, has been issued and is in force; or
   (c) Which is lawfully used for any one or more of the purposes set out in section 71 of the said Act, and for no other purpose.

APPLICATION TO PUBLIC BUILDINGS.

8. In the application of this by-law to any building which is used for any one or more of the purposes set out in section 71 of the said Act, and also for any other purpose, this by-law shall not be deemed to require any matter or thing contrary to any requirement made pursuant to the said section 71 or to any by-law made thereunder; but, except as aforesaid, compliance with any requirement made pursuant to the said section 71 or to any by-law made thereunder shall not relieve any person from liability to comply with the requirements of this by-law.

APPLICATION TO FACTORIES.

9. In the application of this by-law to buildings which are subject to section 43 of the Factories Act, 1921-22, this by-law shall not be deemed to require any matter or thing contrary to the said Act or any regulations made thereunder, or contrary to any requisition made thereunder; except as aforesaid, compliance with the said Act, regulations, and requisitions shall not relieve any person from liability to comply with the requirements of this by-law.

NOMINAL CAPACITY OF BUILDINGS.

10. The nominal capacity of a building shall be ascertained according to the nature and use of the occupancy thereof in manner following:—
    (a) Except as provided in the subsequent paragraphs hereof, the nominal capacity shall be a number of units equal to the largest number of persons likely, in the opinion of the Superintendent, to be present in the building at any one time:
    (b) In the case of every building in which sleeping-accommodation is provided for a number of persons exceeding nineteen but not exceeding one hundred, for the purposes of the last preceding paragraph hereof, every person for whom sleeping-accommodation is provided shall be reckoned as one and a half units:
    (c) In the case of every building in which sleeping-accommodation is provided for more than one hundred persons, for the purposes of paragraph (a) of this clause, every person for whom sleeping-accommodation is provided shall be reckoned as two units:
    (d) In the case of every building in which such largest number of persons is one hundred or more, the nominal capacity shall be the number of units ascertained under the preceding paragraphs hereof (so far as applicable), increased by fifty per centum:
    (e) In the case of every building, being an institution used for sick or infirm persons or children, and every building which by reason of the construction or situation thereof or the nature of the use or occupancy thereof is, in the opinion of the Superintendent, liable to unusual damage from fire or unusually exposed to risk of fire, or liable to subject its inmates to unusual risk in the event of fire, the nominal capacity shall be one and a half times the number of units ascertained under all the preceding paragraphs of this clause (so far as applicable):

Provided that in no case shall any account be taken of persons present or likely to be present only in the ground-floor of the building or any part thereof below the ground-floor:

Provided also that whenever a structural alteration or addition to a building is made, or whenever, in the opinion of the Superintendent, a change in the nature of the use or occupancy of a building has occurred or is likely to occur, or whenever there has been an erection, alteration, or change of use of any building in the vicinity of a building, or whenever any matter has occurred by reason of which the inmates of a building are, in the opinion of the Superintendent, exposed to increased risk of danger from fire, the Superintendent may make a fresh computation of the nominal capacity of such building.

NOMINAL CAPACITY OF PARTS OF BUILDINGS.

11. The nominal capacity of any storey or other part of a building required to be ascertained separately shall be ascertained in the like manner as aforesaid, mutatis mutandis.

PART II.—OWNER TO PROVIDE FIRE-ESCAPES.

NEW BUILDINGS.

12. The owner of every building hereafter erected shall, before such building is occupied by any person, provide in connection therewith the fire-escapes hereby declared to be necessary for such building.

EXISTING BUILDINGS.

13. The owner of every building heretofore erected shall, within a reasonable time after being required by the Superintendent by notice in writing so to do, provide in connection therewith the fire-escapes hereby declared to be necessary for such building.

BUILDINGS SUBJECT TO BY-LAW BY CHANGE OF USE.

14. When the nature of the use or occupation of any building, whether heretofore or hereafter erected to which this by-law does not apply, is changed so that this by-law applies thereto the owner of such building shall, within a reasonable time after being required by the Superintendent by notice in writing so to do, provide in connection therewith the fire-escapes hereby declared to be necessary for such building.

BUILDINGS SUBJECT TO BY-LAW BY STRUCTURAL ALTERATION.

15. When structural additions or alterations are made to any building, whether heretofore or hereafter erected, to which this by-law does not apply so that this by-law applies thereto, the owner of such building shall forthwith (and without the necessity of any notice) provide in connection therewith the fire-escapes hereby declared to be necessary for such building.

FRESH COMPUTATION OF NOMINAL CAPACITY.

16. When a fresh computation of the nominal capacity of any building has been made as hereinbefore provided, the owner of such building shall, within a reasonable time after being required by the Superintendent by notice in writing so to do, provide in connection therewith the fire-escapes hereby declared to be necessary for such building according to such fresh computation.

PART III.—FIRE-ESCAPES DECLARED TO BE NECESSARY.

NUMBER OF FIRE-ESCAPES PER BUILDING.

17. It shall be necessary for every building to be provided with a separate and sufficient fire-escape not connecting with any other fire-escape for every one hundred units or part of one hundred units of the nominal capacity of the building; and, where the nominal capacity of any storey of a building exceeds one hundred units, it shall be necessary for such storey to be provided with a separate and sufficient fire-escape not connecting with any other fire-escape for every complete one hundred units of the nominal capacity of that storey.

ALTERNATIVE ESCAPES.

18. In every case where the nominal capacity of any building or part of a building entails the provision of more than one fire-escape, the number of fire-escapes provided shall be such that each fire-escape is sufficient for a nominal capacity of at least one-third more than a nominal capacity, ascertained by dividing the total nominal capacity of such building or part of a building by the number of fire-escapes provided:

Provided that for the purposes of this and the last preceding clause hereof any fire-escape of greater width at every exit than the minimum width prescribed by clause 38 hereof shall be deemed sufficient for an additional twenty-five units of nominal capacity for every complete 2 ft. of width additional to the said minimum.

NUMBER OF EXITS PER STOREY.

19. It shall be necessary for every storey of a building to be provided with a separate exit to a fire-escape for every fifty units or part of fifty units of the nominal capacity of that storey.

DISTANCE TO EXIT.

20. It shall be necessary for every room in a building (exclusive of bath-rooms, lavatories, and other rooms of a like nature) to have access to a sufficient fire-escape access to which is obtained either directly or by means of a level unimpeded passage-way of a length measured along the course thereof of not more than 100 ft. from the door or nearest door of such room to the exit:

Provided that in the case of a building so constructed that the distance in a straight line from the door of any room to the nearest exterior wall of the building having space beside it for a fire-escape is a distance of more than 100 ft., then in respect of such room such distance shall be deemed to be substituted for the length of 100 ft. hereinbefore prescribed,