Clause 36

In this section, unless there is something repugnant in the subject or context —

“closet accommodation”, “sink accommodation” or “urinal accommodation” include respectively a receptacle for human excreta, for slops or waste house-hold refuse or liquids and a receptacle for urine, together, in each case, with the structure comprising such receptacle and the fittings and apparatus connected therewith;

“bathroom accommodation” includes the bath or receptacle for water together with the structure or room or enclosure adapted or used for personal bathing or ablution and the fittings and apparatus thereof and therein or connected therewith;

“water closet” or “urinal” mean respectively closet and urinal accommodation used or adapted or intended to be used in connection with the water carriage system and comprising provision for the flushing of the receptacle by means of a fresh water supply, and having proper communication with a sewer;

“sink” or “bathroom” mean respectively sink and bathroom accommodation used or adapted or intended to be used in connection with a permanent water supply and having proper communication with a sewer;

“a sufficient water supply and sewer” means a water supply and sewer which are sufficient and reasonably available for use in, or in connection with, the efficient flushing and cleansing of, and the efficient removal of excreta and urine from such number of proper and sufficient water-closets and urinals as in pursuance of this section may be required to be provided in any particular case, or in connection with a sink or bathroom, and a sewer shall be deemed reasonably available for use which is within one hundred feet of the boundary of the premises in which is situated the house in respect of which closet, sink, urinal or bathroom accommodation is to be provided.

Where there is a sufficient water supply and sewer the Director may by written direction to any person submitting a plan or specification under section 52 of this Ordinance relative to the erection or re-erection of any house or building, require such house or building to be provided with such number of proper and sufficient water-closets, urinals, sinks and bathrooms as in the circumstances of the case are in the opinion of the Director necessary.

Where there is a sufficient water supply but no sewer, the Director may by written direction to any person submitting a plan or specification under section 52 of this Ordinance relative to the erection or re-erection of any house or building, require such house or building to be provided with either —

Any person who fails to comply with any requirement of the Director under subsection (2) or (3) of this section shall be liable on conviction to a fine not exceeding five hundred dollars and to a further fine not exceeding fifty dollars for every day during which the offence is continued after conviction.

If on the report of the Health Officer or of any Engineer in the service of the Government the Director is satisfied that insufficient closet, sink, urinal or bathroom accommodation has been provided at or in connection with a house or building, the Director may, by written notice to the owner or owners of the house or building, require such house or building to be provided with such proper and sufficient closet, sink, urinal and bathroom accommodation as in the opinion of the Director is necessary.

If the owner or owners of such house fail to comply with any requirement of the Director under subsection (5) of this section the Director may, at the expiration of a time which shall be specified in the notice and shall be not less than fourteen days after the service of the notice, do the work required by the notice and may recover from the owner or owners the expenses incurred in so doing.

The Director, where there is a sufficient water supply and sewer, may by written notice require the owner or owners of a house or building to provide in or adjacent to such house or building such water-closets, sinks, urinals and bathrooms as in the opinion of the Director are necessary.

If the owner or owners of such house or building fail to comply with any requirement of the Director under subsection (7) of this section, the Director may, at the expiration of a time which shall be specified in the notice and shall not be less than fourteen days after the service of the notice, do the work required by the notice and may recover from the owner or owners the expenses incurred in so doing.

The Director may if he thinks fit in the cases mentioned in subsections (2), (5) and (7) of this section at the expense of the Government effect the proper communication of the water-closet, urinal, sink and bathroom with the sewer for the distance from the sewer to the boundary of the premises in which the house or building in question is situated.

In the cases mentioned in subsections (5) and (7) of this section where the house or building in question is not provided with a supply of water for domestic purposes the Director may provide, fix and install to or for the house or building, water pipes leading from the Public Utilities Board’s water mains to the closets, urinals, sinks and bathrooms and provide, fix and install such water fittings as he shall think necessary and the expenses and costs of so doing shall be payable by and be recoverable from the owner of the house or building. In any case where in accordance with subsection (9) of this section the Director shall have provided, fixed and installed to or for a house or building, water pipes and fittings the Director may enter into a contract with the Public Utilities Board for the supply of water to such house or building and the occupier of such house or building shall pay to the Government for the water consumed therein or thereat at such rate as the Director shall at his discretion in writing order and the order or a copy thereof duly certified as a true copy of such order shall be served upon the occupier within one month of its being made and save as provided above the occupier shall be deemed to be the consumer for the purposes of the Public Utilities Ordinance, 1963 (Ord. 1 of 1963), and of any regulations made thereunder with respect to the supply of water by the Public Utilities Board. Any such order may require the occupier to pay a minimum monthly charge as determined by the Director and approved by the Minister whether or not the occupier consumes the water so provided during any month.

The Director may at any time give notice in writing to the owner of any house or building in which any water-closet or any fittings or apparatus connected with any water-closet has been provided under subsection (2), (3), (5) or (7) of this section requiring such owner to remove any such water-closet or any fittings or apparatus connected therewith and to replace the same by another water-closet or by other fittings or apparatus at such owner’s expense, and if the owner of such house or building fails to comply with any requirement of the Director under this subsection the Director may at the expiration of a period specified in the notice, which shall not be less than fourteen days from the service thereof, do the work required by the notice and recover from the owner of such house or building the expense incurred in so doing.

All water-closets, urinals, sinks and bath-waste water fittings provided under subsection (2), (3), (5) or (7) of this section shall be maintained, repaired and renewed by the owner of the house or building with which they have been so provided at his expense:Provided that the cost of any repairs or renewals rendered necessary by reason of any damage negligently or wilfully done to any water-closet, urinal, sink or bath-waste water fittings by the occupier of the house or building shall be recoverable by the owner from such occupier.

The provisions of sections 154 and 157 of this Ordinance shall apply to any sum recoverable by the Government under this section.