Description
CHAPTER 123.
THE BUILDINGS ORDINANCE.
ARRANGEMENT OF SECTIONS.
PART I-INTRODUCTORY.
Section page
1,2 Short title, and interpretation 461
PART II-DESIGN AND CONSTRUCTION.
3 Hoardings and scaffoldings ......... ... ... ... ... 465
4 Building materials for walls ......... ... ... ... ... 466
5-17..............Construction of walls ... ... ... ... ... ... ... ... 466-473
is Bonding for the walls of domestic buildings ... ... ... 473
19 Bressummers and lintels .............. ... 473
20-22..................Concreting of ground surfaces ... ... ... ... ... ... 473-474
23-28......Floors ..................... ... ... ... ... ... ... ... 474-475
29-31................Height of storeys 1. ~ ... . ... ... ... ... ... 476
32 Cocklofts ............................ ... 476
33 Staircases ............................ ... ... ... 477
34 Lifts and lift shafts .............. ... ... ... ... 479
35 Fire escapes ........................ ... 480
36 Ceilings.............................. 480
37 Corbelling............................... ... ... ... ... 480
38-42 Roofs ....................... 1 . ... ... ... ... ... 480-481
43, 44 Wood work...................... ... ... ... 481
45-47 Projections,...etc .............. ... ... ... ... ... ... ... 481-482
48-52 Verandahs, balconies..and areas ... ... ... ... ... ... 482-483
53 Restriction on partitions, obstructions and inclosures in
verandahs or balconies .................. ... 483
54-62.....................Kitchens, fireplaces and chimneys ... ... ... ... ... 484-486
63-68..................Windows, storeys and rooms ... ... ... ... ... ... 486-488
69-76................Open spaces, lanes, etc . ... ... ... ... ... ... ... 488-491
77, 78...........................Vertical height of buildings to main wall head ... 492-493
79-85..................Water closets and latrines ... ... ... ... ... 495-496
86-98..................Drainage, nullahsand storm water channels ... ...
.......................496-498
PART III-MISCELLANEOUS.
Section Page
99 Wells ................................. ... ... ... ... 498
100 Timber stores ........................ ... ... ... ... 499
101 Matsheds and other inflammable structures ... - 499
102 Blasting .......................... ... ... ... 500
103 Earthcutting ...................... ... ... ... 500
104-109.....Streets ......................... ... ... ... ... 501-503
110-126........................Rights of building and adjoining owners ... ... ... 503-515
PART IV-ADMINISTRATION.
127 Authorized architects ............. ... ... ... ... 515
128-132.................Plans, drawings and notices ... ... ... ... ... ... 517-521
133-136..............Exceptional buildings ... ... ... . 1. . 1 . ... 522-523
137 Occupation of new, buildings ......... ... ... ... ... 523
138-141............Dangerous buildings ... ... ... ... ... ... ... ... 524-525
142-147.......Nuisances ............... ... ... ... ... .1 . ... 526-528
148 Powers and duties of Building Authority to enter and
inspect ........................... ... ... ... ... 528
149 Service of notice, summons or order ... ... ... ... ... 529
150-152.................Modifications and exemptions ... ... ... ... ... ... 529-530
153-156.......Arbitration ............... ... ... ... ... ... ... ... 530-532
157-161 Appeals to Governor in Council ... ... ... ... ... ... 532-534
162-165.................Contraventions and penalties ... ... ... ... 534-535
166-167.................Special powers of magistrate ... ... ... ... ... ... 535
169 Amendment of regulations and forms.... ... ... 536
169-174......................Application, exemptions and savings ... ... ... ... 536-538
Schedules A, Q D, E, F, K and N.
(Forms.)
Schedule 0.
(Diagrams.)
CHAPTER 123.
BUILDINGS.
To ainend and consolidate the law relating to the
construction. of buildings.
[1st January, 1936.]
PART I-INTRODUCTORY
This Ordinance may be cited as the Buildings
Ordinance.
Interpretation
relation.
2. In this Ordinance-
'authorized architect' means any individual whose narne
appears in the list of authorized architects referred to in
section 127 ;
'balcony' means any stage, platform, oriel or other similar
structure projecting from a main wall of any building and
supported by brackets or cantilevers;
'basement' means anv cellar, vault, or underground room or any
room any side of which abuts on or against the earth or soil
to an average height exceeding 2 feet above the floor level;
'build' includes carry on works;
'building' includes any part of a domestic building, house, school,
shop, factory, workshop, bakery, brewery, distillery,
pawnshop, warehouse, godown, place of secure stowage,
verandah, balcony, kitchen, Iatrine, gallery, chimney, arch,
bridge, stair, column, floor, out-house, stable, shed, pier,
wharf, fence, wall, roof, covered way, canopy, kiosk,
sunshade, garage, well, piling, septic tank, cow-shed, lift and
hoarding;
'building authority' means the Director of Public Works or such
other person as the Governor in Council may appoint to give
effect to the provisions of this Ordinance;
'building works' includes any building construction, site
formation, repairs, demolition, alterations, additions and
every kind of building operation whatsoever;
cement means Portland cement;
'cockloft' includes any floor other than a ground floor, and any
platform or landing of a greater breadth than
- feet and which has not a clear space of 9 feet measured
vertically above it;
cross wall' means any wall not exposed to the outer air other than a
partition wall, used or constructed to be used for separation of
one part of any buflding froni another part of the same building;
'dangerous btiild'ln.-' means a building in such a condition as to cause
risk of injury either to the occupiers or users of such building oi,
to the occupiers, or users of ins. neighbouring building, or to
passengers;
'domestic building' means any building constructed, used,
or adapted to be used, wholly or partly, for human
habitation, but does not include any building where
caretakers only, not exceeding two in number, pass the ( ,
night;
external air' means the air of any space which is vertically open to the
sky and unobstructed aiid which (when measured from and at
right angles to the external surface of a wall, or where there is a
verandah or balcony? when measured from the external surface of
such verandah or balcony) has a dimension of not less than 13
feet throughout the extent of any window opening in such wall,
and which (when measured parallel to the external surface of such
wall, verandah or balcony and in a horizontal direction) lias a
dimension of not less than 7 feet;
external wall' means an outer wall of any part of an), building not
being a party wall, even though adjoining to a wall of another
building but does include any outer wall of a verandah projecting
over a street ;
'factory' means any premises or place wherein or within the close or
curtilage or precincts of which any machinery other than
machinery worked entirely by hand is used in aid of any industrial
undertaking carried on in such premises or place;
'floor' includes any horizontal platform forming the base
1 9
of any storey, and every joist, board, timber, stone, brick, or other
substance, connected with and forming part of such platform ;
hill-side means the face of the natural hill, or the face of any scarp or
retaining wall built to support the same, or any artificial filling in
or terracing with earth behind Such scarp or retaining wall, made
with the
object of supporting a street or forming a site for a 2 cont.]
building;
latrine includes privy, pail Iatrine, water closet aiid
urinal .
'latrine accommodation' includes a receptacle for human
excreta, together with the structure comprising such
receptacle and the fittings and the apparatus connected
therewith ;
((main wall' means either an external or a party wall;
'new building' includes any building begun after the 21st
day of February, 1903; and any then existing building
thereafter altered to such an extent as to necessitate the
reconstruction of the whole of -any two of its main walls
or the removal of the roof and the reconstruction of at
least one half of each of any two of its main walls,
whether at the same time or by instalments at different
times; and any existing building raised to such an
extent that its total height exceeds one and a half times
the original height of the building. It also includes
the conversion into a domestic building of any building
not originally constructed for human habitation, and
the conversion into more than one domestic building
of a building originally constructed as one domestic
building only and any existing building altered in such
a manner as to form an additional storey, or the
conversion into premises, for separate occupation by
different tenants, of any building originally constructed
for one tenancy;
occupier means any person in actual occupation of any
premises;
'owner' includes any person holding premises direct from
the Crown, whether under lease, licence or otherwise
and also any person for the time being receiving the
rent of any premises, solely or as joint tenant, or tenant
in common with other, or receiving the rent of any
premises whether on his own behalf or that of any other
person; and, where such owner as above defined cannot
be found or ascertained or is absent from the Colony
or is under disability, the agent of such owner; and
if there is no such agent, the occupier; and for the
purpose of this Ordinance, every mortgage in
possession shall be deemed an owner;
pail latrine means Iatrine accommodation Wicluding a receptacle for
human excreta;
partition wall' means any wall of the height of one storey
only, or of a less height, used or constructed to be used
for separating one part of a building from another part
of the same building, ancl not coming under the
definition of 'cross wall 'external-111ain wall,'
or party wall'
party structure' means a part and also a partition,
floor or other structure separating, vertically ot-
horizontally, buildings, storeys or rooms which belong
to different owners;
((party wall' means a wall forming part of a building and', used or
constructed to be used in any part of the height or length of such
wall for the separation of adjoining buildings belonging to different
owners or occupied or constructed or adapted to be occupied by
different persons;
'person' includes a body corporate, a partnership and an association
of persons unincorporated;
'premises' includes any land, building, or structure of any
kind, footway, yard, alley * v, court, garden, stream
nullah, pond, pool, field, marsh, drain, ditch, or place
open, covered or inclosed, cesspool or foreshore and
any vessel lying within the waters of the Colon), ;
'public building' includes any building not in occupation of the naval,
military or air force authorities, used for public worship, public
instruction, public assembly or public recreation ; and also any
building used as 1111 hotel or as a public hall or hospital, or for
any other public purpose whatsoever
'room' includes any sub-division of any storey of any domestic
building other than
(a) a cubicle :
(b)a drying-room, store room, pantry lobby or landing which is
not used for sleeping purposes;
storey means the space between the upper surface of every floor and
the upper surface of the floor next above it where such floor
exists, but does not include any space which lias less height than
9 feet. In the case of a top storey which lias a ceiling and the
ceiling is horizontal throughout, the space shall be measured from
the upper surface of the floor to the underside of the
ceiling ; if the ceiling is not horizontal throughout, the space shall
be measured from the upper surface of the floor to a level half way
between the wall plate and the underside of the highest portion of
the ceiling ; if there be no ceiling, the space shall be measured
frorn the upper surface of the floor to a level half way between the
wall plate and the underside of the apex of the roof ;
'Street' includes the whole or any part of any square, court or alley,
highway, lane, road, road-bridge, footpath, or passage whether a
thoroughfare or not;
'tenant' means any person who holds direct frorn any householder
the whole or any part of any floor or floors of any building;
tenement-house means any domestic building constructed, used, or
adapted to be used for human habitation by more than one
tenant;
'verandah' means any stage, platform, or portico projecting from a
main wall of any building and supported by piers or columns;
'wall' includes cross wall, external wall, main wall, partition wall, party
wall, and every other kind of wall whether supporting any
structure or not;
&(water closet' means Iatrine accommodation used or adapted or
intended to be used in connexion with a water carriage system
and comprising provision for the flushing of the receptacle by a
water supply;
'window' means a structure placed in an opening in the wall of a
building and consisting of sashes hinged to or sliding within a
framework of wood, metal, brick or cement, so arranged as to
admit light and capable, when opened, of also admitting air;
'works' includes the partial or total constructing, reconstructing,
pulling down, opening, cutting into, adding to, and altering any
building, retaining wall, chimney-stack, flue, ground, road, well,
drain, sewer, and any other building operation whatsoever.
PART II-DESIGN AND CONSTRUCTION.
3. (1) Every person who is about to erect or take
down any building shall, before commencing to erect or
take down such building, cause to be put up and maintained
such hoarding, shoring, scaffolding aiid platforms as nia), be necessary
for the safety and convenience of passengers and the occupiers of
adjoining property and of the worknien employed on the erection or
demolition; but no pathway or thoroughfare shall, during building
operations or otherwise, be occupied by a hoarding, platform, shoring
or scaffolding or any building material whatever except by permission
of the Building Authority or an officer deputed by him in that behalf,
who inav grant permission on a written application.
(2) The pavement, side channel and surfacing of any
thoroughfare shall not be broken up, or into, by the
excavation of holes for the purpose of securing any hoarding,
shoring or scaffolding poles and the side channels shall be
in no way obstructed by such hoarding, shoring or
scaffolding poles or by any building debris or building
material.
4.Except as hereinafter provided, the walls of all
permanent buildings shall be constructed exclusively of good
hard well burnt brick, sound stone, or other hard and
incombustible material approved by the Building Authority.
Construction of Walls.
5.Every wall shall be solid across its entire thickness
and shall be properly bonded and substantially put together
with good cement or lime mortar to the satisfaction of the
Building Authority.Except where specially permitted in
this Ordinance, no part of such wall shall be thicker than
any part underneath it, and all cross walls and return walls
shall be properly bonded into main walls. Sound blue
bricks may be used in the walls of the uppermost storey
only of a building, or, where such storey exceeds 15 feet in
height, in the uppermost 15 feet of the walls of such storey,
but blue bricks may not, without the approval of the
Building Authority, be used in the walls of the other storey
or storeys.
6. (1) Every person who erects a new building shall construct
every external and every party wall of such building not exceeding 35
feet in length, clear of cross
walls, in accordance with the following rules, and in every case the
thickness prescribed shall be the minimum thickness of which such
wall may be constructed. Where the height of the wall
(i) does not exceed 12 feet, it shall be 9 inches thick for its
whole height;
(ii) exceeds 12 feet but does not exceed 25 feet, it shall be
131 inches thick for its whole height;
2
(iii) exceeds 25 feet but does not exceed 40
40 feet, the wall in the lowermost storey, and in any space
underneath such storey, shall be 18 inches thick aiid in the
other storey or storeys 131- inches thick;
(iv) exceeds 40 feet but does not exceed 55 feet, the wall in
the lowermost storey, aiid iii any space underneath such
storey, shall be 22 inches thick, the wall in the next storey 18
inches thick, aiid in the other storey or storeys 13 1/2 inches
thick;
(v) exceeds 55 feet but does not exceed 70 feet, the wall in
the lowermost storey, and in any space underneath such
storey, shall be 27 inches thick, the wall in the next storey 22
inches thick, the wall in the next storey 18 inches thick, and
in the other storey or storeys 13 1/2 inches thick;
(vi) exceeds 70 feet but does riot exceed 80 feet, the wall in
the lowermost storey, and in any space underneath such.
storey, shall be 31,1 inches thick, the wall in the next storey 27
inches thick, the wall in the next storey 22 inches thick,' the
wall in the next storey 18 inches thick, aiid in the other storey
or storeys 131. inches thick
Provided that-
(i) in cases where the number of storeys is less than that
indicated in the foregoing rules or where the walls are
constructed in good cement mortar, the respective
thicknesses of the walls shall be determined by the Building
Authority;
(ii) in the case of two-storied buildings aiid of the
uppermost two storeys of buildings containing a greater
number of storeys, the walls may be 131 inches thick
throughout the height of such two storeys, provided such
height does not exceed 25 feet ;
(iii) no storey shall exceed in height 16 feet without the
permission of the Building Authority, who shall in such case
prescribe to what extent, if any, the walls shall be increased in
thickness. Such increase of thickness may be provided for by
piers of the required thickness and of such collective length,
not exceeding one fourth part of the length of the walls, as
the Building Authority may require.
(2)If any wall exceeds 35 feet but does not exceed 60
feet in length clear of cross walls, the thickness of such wall
shall, unless the Building Authority otherwise permits, be
increased by adding 4A inches to the thickness specified in
subsection (1).
7. The provisions of section 6 shall also apply, in the case of
existing buildings, to any walls or portions of walls hereafter erected or
re-erected therein Provided that in any case where from any cause it
is not practicable or desirable to apply such provisions, the thicknesses shall
be determined by the Building Authority.
8. (1) No wall, other than a boundary wall, shall exceed 60 feet in
length, clear of any return or cross wall, without the approval of the
Building Authority. A wall shall not be deemed a cross wall for the
purpose of determining the length of any external or party wall unless it
is carried up to the top of the topmost storey, and unless in each storey
the aggregate extent of the vertical faces or elevations of all the
recesses and that of all the openings therein taken together shall not
exceed one half of the whole extent of the vertical face or elevation of
the wall in such storey.
(2) No wall shall exceed So feet in height without the approval of
the Building Authority. The height of every wall shall be measured
from the level of the adjacent foot-path, or, where no foot-path exists,
from the level of the street or ground outside to the highest part of
such wall or, in the case of a gable, to half the height of such gable, but
shall in no case -include any portion of a wall which acts as a retaining
wall. Ornamental towers, turrets, or other architectural features or
decorations, not exceeding
9 feet in height and parapets not exceeding 3 feet in height shall not be
included in measuring the height of such wall.
(3) Any external wall of a building exceeding 35 feet
in length, clear of cross walls, shall be secured at the level
of each upper floor, and at the ceiling or roof, with wrought-
iron tie-rods not less than one and a quarter inches in
diameter, spaced not more than 12 feet apart and extending
through such external wall and the nearest parallel wall of
such building. The tie-rods shall have screwed ends with
nuts bearing upon wrought-iron washer plates not less than
18 inches square by half an inch in thickness, or cast-iron
washer plates to be approved by the Building Authority,
and the brickwork of each wall for its full thickness and
for an area of two feet square round the end of each tie-rod
shall be built in cement-mortarProvided that the
Building Authority may modify or dispense with the
requirements of this subsection whenever he may consider
such requirements unnecessary.
9. The thickness of every cross wall shall be at least two thirds of
the thickness prescribed by section 17 in that behalf for an external
wall or party wall of the same height and length and belonging to the
same class of building as that to which such cross wall belongs,
unless, in any particular case, the Building Authority shall specially
authorize a less thickness. But if such cross wall supports a
superincumbent external wall the whole of such cross wall shall be of
the thickness prescribed for an external wall or party wall of the same
height and length and belonging to the same class of building as that
to which such cross wall belongs. .
10. Partition walls not exceeding 12 feet in height and
the external walls of latrines, bathrooms and stair hoods not
exceeding 8 feet in height may be constructed of brick in
cement-mortar of a thickness Of 4 1/2 inches, or of reinforced
concrete or of such other material and of such thickness as
the Building Authority may permit.
11. (1) Every wall of every new building shall have a damp-proof
course composed of materials impervious to moisture to be approved
by the Building Authority extend
ing throughout its whole thickness and at such level as the Building
Authority may require.
(2) Every external or enclosure wall which abuts
against the earth shall be protected by a vertical damp-proof
course set in a position satisfactory to the Building
Authority.
12. The foundation of every wall of a building sliall
be of footings of sound stone, brick, concrete, or other
equally hard substance, carried down to a depth of not less
than twice the thickness of the wall in the lowest storey of
the said building; and the lowest course of every such
foundation shall be of a width of not less than twice the
thickness of the wall in the said lowest storey, and the width,
of such foundation shall diminish gradually towards the,
upper surface thereof in regular steps or offsets.' Provided
that on rock or hard ground of an incompressible nature,'
or in sandy, unstable or soft ground, the Building Authority
may permit or require the foundations of all works and
buildings to be of such special depth and width and of such
materials as shall be approved by him as being in eacli
particular case applicable to such ground.
13. (1) Retaining walls shall be constructed of masonry, brickwork
or cement-concrete. Such walls when constructed of masonry or
brickwork shall be properly bonded and built solid throughout in
cement-mortar or when built in masonry may be laid dry.
(2) Every retaining wall shall be provided with one or more
adequate foundation courses of cement-concrete laid at right angles to
the face of the wall on solid ground or piling and eacli course shall not
be less than 12 inches in depth and shall project at least 6 inches
beyond the face of such wall and shall extend the full thickness of such
wall. All masonry and brick walls exceeding 12 feet in height shall be
provided with lacing or bond courses of good cement-concrete at least
one foot in depth extending throughout the full thickness of the wall.
The lacing courses shall be thoroughly keyed into the wall on their
upper and lower beds. The distance between the top of the foundation
courses and first of such lacing courses and the distance between any
two adjacent lacing courses shall
not exceed 6 feet measured vertically. In the case of a masonry wall the
stones shall be roughly squared and have flat beds, and bond or
header stones at least 2 feet 6 inches in length must be inserted in
alternate courses and laid to break joint and there. shall not be less
than one such bond or header stone to every square yard of surface
area of the wall. At the back of every retaining wall (except when such
is constructed in dry masonry) there- shall be formed a layer of hand-
packed broken brick or granite of a thickness of at least 12 inclies and
every such wall shall also be provided with weepholes of not less than -
, inches internal diameter and at least one such weephole shall be
provided to every 4 superficial yards of the face of the wall.
Every retaining wall shall bc provided with a proper coping
of cement concrete or other impervious inaterial approved by, the
Building Authority and adequate channels shall be formed at the top
and toe of every such wall to intercept and carry off stormwater
(4) The design of every retaining wall, breast wall,
dam or similar structure shall be subject to the approval of
the Building Authority to whom a stress diagram of the
wall must be submitted.
14. No person shall construct or reconstruct any
boundary wall or enclosure wall fronting any public road
or thoroughfare unless it is solid throughout its entire
thickness and built of brick or stone properly bedded and
bonded together, surmounted by a coping of dressed stone
or properly moulded bricks set in cement-mortar or
constructed of such other materials as may be approved by
the Building Authority.
15. Every party wall shall unless exempted by the Building
Authority be carried up above the upper surface of the roof of every
building to a height of at least 18 inches, measured at right angles to
[lie slope of the roof, aiid ever), such party wall and every parapet wall
shall be properly coped with a coping composed of cement and sand in
the proportion of not less than one part of cement to every two parts
of sand, or of such other material as the Building Authority may
approve, or shall be otherwise protected in
order to prevent water soaking into such wall.
16. (1) Openings may only be made in party walls to an extent not
exceeding one half of their area on each storey unless in the opinion of
the Building Authority a greater area may be allowed.
(2) When it is desired to close any openings previously made
through any party wall, such openings shall be solidly stopped up with
brick or stone-work of the full thickness of the party wall, and such
brick or stone-work shall be built in lime-mortar or cement-mortar and
properly bonded with such party wall. Any future openings through
any such party wall shall be restricted to the removal, in whole or in
part, of such stoppings unless the previous openings did not extend to
one half of the area of such wall, and additional openings shall only be
made in such manner as to ensure that the total extent of the openings,
inclusive of those previously made, shall not exceed one half of the
area of such wall on eacli storey.
(3) Recesses may be made in party walls aiid in external walls:
Provided that the aggregate area of such recesses does not exceed one
half the whole area of the wall of the storey in which they are made,
and that the backs of such recesses are of not less thickness than 13
inches in party walls, and 9 inches in external walls.
(4) In the case of a shop front left open to the street, the side
walls or party walls shall be returned along such front for at least 12
inches where the house has more, and for at least 9 inches where the
house has not more, than one storey above the ground storey, and
such return walls shall be properly bonded into the side walls or arty
walls in cement-mortar. Where such shop front is in a corner building, the
side wall shall be returned along such front for at least 2 feet.
(5) Every opening and every recess in any wall shall either be
arched over with brick or stone-work in cementmortar or spanned by a
steel girder or ferro-concrete beam of such dimensions and
construction as the Building Authority may consider necessary for
the support of the superincumbent weight.
17. No lath and plaster wall, or other hollow wall, shall
be hereafter constructed in any building except with the
permission of the Building Authority as signified by the
approval of the plan required under the provisions of this
Ordinance.
18. Every building hereafter erected shall have courses of hoop-
iron, tarred and sanded, or other suitable bonding ' built into the main
walls at the level of the foundations, if required by the Building
Authority, and at the level of each floor and at the level of the eaves.
Each such course shall consist of not less than 3 bands in the case of
foundations and of all walls of a thickness of not less than 18 inches,
and of not less than 2 bands in the case of all walls of a less thickness
than 18 inches; each hoop-iron band shall measure not less than one
inch and a quarter in width, aiid not less than one thirtysecond of an
inch in thickness, and such bands shall be continuous and lap-jointed
wherever practicable. In anv case in which continuous bands are not
practicable they shall be arranged as the Building Authority may
require.
19. Every joist, bressummer and lintel shall be of sufficient
strength and rest upon a template of cementconcrete or stone. laid in
cement-mortar and shall have a bearing of not less than the depth of
the member.
Concreting of ground surfaces.
20. (1) The ground surface of the lowermost storey or
where there is a space below such storey then the ground
surface of such space, of every building and the floor of
every kitchen, bathroom, Iatrine, and water closet and the
ground surface of every area, backyard, courtyard, alleyway
or space on which slops may be thrown or from which foul
waters flow, shall be properly covered over with a layer of
good lime concrete not less than 4 inches thick finished off.
smooth with not less than 2 inches of cement-concrete or
glazed bricks or granite paving or glazed tiles bedded
joined in , ient-iTior,tar or with not less than 4 inches
cement-con -1 -with such other material as may be
pproved by the Building Authority. For the purposes of
this section ihe cement-concrete shall be composed of one
part of cement two parts of sand and four parts of stone
broken to pass a one inch ring for interior surfaces and one part of
cement, three parts of sand and five parts of stone broken to pass a
one inch ring for exterior surfaces.
(2) The ground surface of every area, kitchen, latrine, water closet,
backyard, courtyard, alleyway or space on which slops may be thrown,.
shall have a fall of not less than 1 in 40 from the walls of the building
towards the surface channel or other outlet for the drainage of stich
surface.
(3) This section shall not apply to any existing domestic building,
the ground surface of which has been paved to the satisfaction of the
Building Authority in accordance with any existing law or bylaw and
which is so maintained.
21. Where the ground surface of any building or the
floor of any kitchen, bathroom, Iatrine, or water closet, or
the ground surface of any area, backyard, courtyard, alleyway or space
on which slops may be thrown or from which
foul waters flow, is or lias been paved or covered over with
impervious material, and such material lias been subsequently
broken, excavated or otherwise disturbed, or lias perished,
the landlord or owner shall make good the same to the satis-
faction of the Building Authority upon the completion of any
work for the execution of which the same has been broken
or otherwise disturbed or within 14 days frorn the receipt by
him of written notice from the Building Authority so to do
and in default thereof he shall be liable to a fine of twenty-
five dollars for each offence, and to a further fine of ten
dollars for each day after such conviction during which such
offence continues.
22. Sections 20 and 21 shall not apply to any domestic
building which existed on the 29th day of December, 1894,
unless such building is situated within the City of Victoria
or at Kowloon New Kowloon, Quarry Bay, Shaukiwan, or
Aberdeen, or within such other districts or places as may
be ordered by the Governor in Council by notice in the
Gazette.
Floors.
23. The level of the ground floor of every domestic building
hereafter erected shall be not less than 6 inches higher than the highest
level of the ground outside such
building :Provided that the Building Authority may
reduce this requirement in any case where in his discretion
it may appear desirable.
24. No floor timbers of any one building shall approach nearer
than 9 inches towards the floor timbers of any other contiguous
building and the space intervening between the
ends of such timbers shall be properly and substantially built. up solid
with whole bricks or with stone laid in mortar.
25. The floors of all buildings including verandahs shall not
(unless constructed of concrete or other incombustible material) be
built into the thickness of any wall, but shall either rest upon the top of
the wall or upon corbelling or aii offset, so arranged as to give a
bearing of at least 41 inches for the floor. When any opening in a
timber floor is to be filled in, every joist over such opening shall be
formed in one length to span from wall to wall unless other-
wise approved by the Building Authority.
26. Every person who shall erect a new domestic build-
ing shall construct every room in the lowest storey, if
provided with a boarded floor, in such manner that there
shall be, for the purpose of ventilation, between the under-
side of every joist on which such floor may be laid and the
upper surface of the concrete with which the ground surface
or site of such building may be covered, a clear space of an
average height of not less than 2 feet and 6 inches above
the level of the ground outside, and he shall cause such space
to be properly ventilated, any openings for such purpose
being protected in such manner as effectually to exclude rats
from such premises.
27. All wooden floors shall be properly tongued and
grooved or otherwise jointed so as to be reasonably water-
tight.
28. The floors of all domestic buildings hereafter erected shall,
unless specially exempted by the Building Authority, have skirtings of
cement or of othe impervious material approved by the Building
Authority, it least c) inches in height and of a thickness. of not less
than one inch.
Height of Storeys.
29. (1) In the case of every domestic building hereafter erected, the
lowest storey used or adapted to be use(,, for human habitation shall
contain a clear space of at least ii feet, measured vertically, and every
upper store), shall contain a clear space of at least io feet measured
vertically, : Provided nevertheless that in the case of any caretakers'
quarters, servants' quarters, kitchen and pantry a clear space of at ]east
9 feet measured vertically, and in the case of any bathroom, Iatrine and
water closet, a clear space of nt least 8 feet measured vertically shall be
sufficient.
30. (1) In this section semi-detache has the same meaning as in
section 72.
(2) This section shall apply only to domestic buildings erected
after the 24th day of June 1920.
(3) In detached aiid semi-detached buildings, and in any building
exempted by the Building Authority, every storey shall, subject to
subsections (4) and (5), contain a clear space of at least 9 feet 6 inches
measured vertically.
(4) Caretakers' quarters, servants' quarters, kitchen aiid pantries
may be constructed so as to contain a clear space of only 9 feet
measured vertically.
(5) Bathrooms and latrines may be constructed so as to contain a
clear space of only 8 feet measured vertically.
31. No building or part of a building which lias a
clear space of less than 9 feet measured vertically shall be
used for human habitation.
Cocklofts
32. (1) No cockloft shall be hereafter erected in any storey or room
which is used for sleeping purposes nor shall a cockloft be erected in
any storey of a domestic building other than the ground storey of such
building.
(2) No cockloft shall without the permission of the Building
Authority extend over more than one half of the floor area of the room
or exceed 200 square feet in area
and every cockloft shall have a clear space below every part of
it of not less than 9 feet measured vertically.
(3) No cockloft shall so obstruct any doorway or window
opening into the external air as to prevent the same being opened
to its full extent nor shall any cockloft or stair leading to the
cockloft be erected nearer than 4 feet to such doorway or
window unless with the permission of the Building Authority.
(4) No cockloft shall, without the permission of the Building
Authority, be hereafter erected in any domestic building which
exceeds 40 feet in depth.
(5) No portion of the space either above or below anv
cockloft shall be inclosed except by wire netting, lattice work or
carved woodwork, arranged in such a way as to leave at least
two thirds open, and as far as practicable evenly distributed.
(6) No cockloft shall be erected or if already existing be
allowed to remain, in any ikitchen.
(7) No cockloft shall be used for any purpose other
than storage unless with the consent in writing of the Chairman
of the Urban Council or of any officer deputed by him in that
behalf.
(8) Every cockloft shall, unless the Building Authority
shall otherwise permit, be supported directly from the
ground by pillars or columns to the satisfaction of the
Building Authority in such manner that no additional load
is placed upon any wall of the building in which such cock-
loft is situated, provided that any existing cockloft, for which
a permit in writing lias been issued by the Sanitary Board
or Building Authority, shall be allowed to remain, subject
to the conditions of such permit.
Staircases
33. (1) Every building hereafter erected, which exceeds one,
storey in height shall be provided with a staircase in accordance
with this section.
(2) Every main staircase hereafter erected shall be so
arranged as to have a tread of not less than 9 inches from the
face of one riser to the face of the next and no riser shall be of a
greater height than 7 inches: Provided
that in the case of any existing building, the Governor in Council may
modify the requirements of this paragraph upon such conditions, if
any, as lie may deem expedient. .
(3) Every staircase hereafter erected shall, unless exempted by the
Building Authority, be inclosed by walls of fire. resisting material aiid
shall not be constructed with a soffit so as to forni an enclosed space
between the treads, y
the risers aiid such soffit, unless otherwise approved by, the Building
Authority,.
(4) At every storey on every staircase hereafter erected adequate
light and ventilation shall be provided to the satisfaction of the
Building Authority.
(5) Every building hereafter provided with stairs shall have a
staircase giving direct access to a street oi, lane, or to an open space
leading thereto, to the satisfaction of the Building Authority, and in the
case of a building of more than two storeys in height, or in which any
floor is more than 23 feet above the level of the street, such staircase
shall be continued to give egress on to the roof of the top storey ot*
there shall be provided to the satisfaction of the Building Authority an
additional staircase from the floor of the second floor storey giving
egress 011 to the roof of the top storey ot. sonic other satisfactory
means of. escapein the case of fire.
(6) Every main staircase, including the treads, risers, strings rigs
and other supports, and all landings, enclosure walls, lobbies and
passages from one flight to -another, hereafter erected in any building
which is constructed or adapted or converted to be used either wholly
or in part as a public building, a tenement house for separate families or
for offices, shall be of fire resisting materials fo the approval of the
Building Authority. All doors aiid window openings or glazed
partitions communicating with any such staircase shall be adequately
protected by fire resisting doors of solid teak not less than 2 inches
thick or by wired glazing or by some other method equally satisfactory
to the Building Authority.
(7) Every main staircase hereafter erected shall be provided with a
handrail properly fixed on at least one side of every flight and no flight,
landing, lobby or passage froni one flight to another shall be of less
width than 3 feet unless otherwise approved by the Building
Authority.
(8) Every staircase and all landings, lobbies and passages from
one flight to another shall at all times be kept open aiid free from any
obstruction whatsoever.
Lifts and lift shafts.
34. (1) Every lift or hoist shaft hereafter erected shall i be inclosed by
walls* of fire resisting materials at least 3 thick aiid shall be ventilated
from the highest point direct to the outer air, to the satisfaction of the
Building Authority.
(2) The door to every lift or hoist shaft hereafter erected shall be of
fire resisting material aiid when such lift oi. hoist is used for the
conveyance of passengers the door shall be so arranged that it can
only be opened when the lift cage is at rest opposite the doorway and
that the lift cage cannot be moved unless the door to the lift shaft is
properly closed.
(3) Every lift and hoist and any mechanism connected therewith
shall be constructed and arranged in such manner and position as the
Building Authority may approve.
(4) Every lift aiid hoist and any mechanism connected therewith
shall be kept by the owner of the building in which such lift or hoist is
installed in good order and repair and efficient working order.
(5) Every such owner shall arrange, preferably by a contract of
maintenance with the makers or suppliers of the lift or hoist concerned,
or their agents or nominees in the Colony,, for regular and adequate
cleaning, oiling and adjustment service at such intervals as the type of
equipment aiid nature of the service demands. At least once in every
three years the said owner shall arrange that the safety gear and
governor switch, if fitted, shall be subjected to a running test under
maximum load and speed conditions, under the supervision of a
competent engineer, and that a certificate shall be issued to him on the
result of each test, such certificate to. be signed by the engineer
supervising the test. Every such certificate shall be kept by such owner
and presented to the Building Authority for inspection
whenever demanded.
Fire escapes.
35. (1) Every existing building and every building hereafter erected
which has a storey the floor of which is more than 35 feet above the
level of the street or ground surface adjoining the front of such
building shall be provided on every storey with such means of escape
in the case ol' fire, for the persons using, dwelling or employed therein,
as the Building Authority may require.
(2) Any means of escape so provided shall be kept, and maintained
by the owner of the building in good condition and repair aiid efficient
working order and no person shall obstruct or render less commodious
or suffer to be rendered less commodious aily, such means of escape.
Ceilings.
36. No ceiling shall hereafter be erected in ans, building
except with the permission of the Building Authority as
signified by the approval of the plan required under the
provisions of this Ordinance.
Corbelling.
37. All corbelling for the support of floor or of roof timbers shall be
done in stone cut to flat beds, or in red brick, at least 9 inches in length,
set in cement-mortar. The entire thickness of the walls throughout the
height of such corbelling shall also be built in cement-mortar. No one
corbelling course if of brick shall project beyond the course
immediately beneath it more than 21 inches,
Rools.
38. The roof of every building and of any minor superstructure
placed above such roof except the doors, and frames of dormers or sky-
lights, shall be externally covered with tiles, glass, metal, or other
incombustible substance. All hatchways leading out to the roofs of
buildings shall be provided with hatches or covers which, if not
composed entirely of metal, shall be properly sheathed externally in
sheet-zinc or other metal approved by the Building
Authority.
39. No roof timbers of any one building shall approach nearer than
9 inches towards the roof timbers of any other contiguous building,
and the space intervening between the
ends of such timbers shall be properly and substantially
built up solid with whole bricks or with stone laid in
mortar.
40. No platform, superstructure, staging, framework,
wire, wire netting, bamboo, matting or structure whatsoever,
shall be erected, maintained or fixed over or upon the roof
of any building except with the permission of the Building
Authority or unless used solely for the purpose of drying
clothes.
41. The roofs of all buildings, including verandahs
.shall riot, unless wholly constructed of incombustible
materials, be built into the thickness of any wall, but shall
either rest upon the top of the wall or upon corbelling or
aii offset, so arranged as to give a bearing of at least
41 inches for the roof.
42. The roof of every building(including every
verandah and balcony) and the floors of every verandah
and balcony shall be so arranged and constructed, and so
supplied with eaves-gutters and rain-water down-pipes
properly connected with the side-channels as to prevent any
water being discharged upon or over any public foot-path
or roadway.
Wood-work.
43. No bond timber or wood-plate shall be built into
the thickness of any wall.
44. No timber or wood-work shall be placed in any
wall or chimney-breast nearer than 9 inches from the inside
of any flue or chimney opening, nor under any chimney-
opening within 6 inches from the upper surface of the hearth
of such chimney-opening.
Pyojections, etc.
45. No encroachment or projection whatsoever, excepting caves,
cornices and mouldings not exceeding 18 inches
projection, shall extend over any street or unleased Crown
and unless with the special permission of the Building
Authority..
46. Every eaves, cornice moulding or other projection
whatsoever over any street or unleased Crown land shall be
constructed of such, material aiid in such manner as the.
BuMing Authority may decide aiid no door, gate, window
or shutter opening on any street shall be so hung or placed
as to project beyond the building at a height of less than
7 1/2 feet above thel street level.
47. Save as by this Ordinance provided, it shall not be lawful for
any person to make any door or gate in such manner as to open over a
public thoroughfare, nor to project any door-step or landing on, or
across any public footpath, nor to extend or affix any sunshade,
telegraph wire, signboard, lamp, grating, gutter, or otlier unauthorized
projection from any building, in such manner as shall catise
obstruction, danger, or annoyance, in any street or to the passengers
thereon, or so as to cause any encroachment on or over any street or
unleased Crown land : Provided that iii the case of theatres and other
public buildings the doors may with the consent of the Building
Authority be made to open outwards over a public thoroughfare.
Verandahs balconies and areas.
48. No encroachment shall be made on, over or into ally street
whether public or private or into unleased Crown land by any verandah
or balcony, or by any area, or by any structure whatsoever
(a)unless with the previous consent of the Governor and subject
to such conditions as lie may see fit to impose; and
(b)until the applicant for leave to make such encroachment shall
have previously signed an undertaking in the prescribed form
;and
(c) unless in accordance with the regulations made hereunder;
and
(d)unless the building to which such verandah, balcony, area or
structure appertains shall comply in all respects with every
provision of this
Ordinance.
49. No balcony shall, except with the consent of the
Governor in Council, be hereafter erected or re-erected to
project over any street, whether public or private, which
is less than 25 feet in width.
50. No verandah or balcony shall, except with the
consent of the Governor in Council, be hereafter erected
or re-crected to project from any building which exceeds in
height the width of the street over which such verandah or
balcony is intended to project, nor shall any building from
which a verandah or balcony projects be afterwards increased
in height so as to exceed the width of the street over which
such verandah or balcony projects.
51. The number of storeys aiid the projection of
verandahs or balconies projecting over any street shall be
determined by measuring on the line of the wall abutting
on such street a vertical height equal to the width of the
street over which the verandahs or balconies are intended
to project and from the point thus determined a line at an
angle Of 75 degrees with the horizontal shall be di-awn and
any part of a verandah or balcony except the balustrade,
falling outside such line shall be deemed illegal, and no
portion of any verandah or balcony shall project beyond
the line of kerb of the footpath underneath such verandah
or balcony provided that in no case shall the projection
exceed II feet 6 inches from the lot boundary adjoining
such verandah or balcony and if there be no footpath the
projection of the verandah or balcony shall be determined
by the Building Authority.
52. The width of a street shall be determined for the
purpose of this Part by the Building Authority.
Restriction on partitions, obstructions aitd inclosures in
verandahs or balconies.
53. No partition (other than such as may be necessary for
Ilic separation of the verandah or balcony of any building from
the verandah or balcony of any adjacent building) shall be
erected in any verandah or balcony over unleased Crown land
or over any street, nor shall any such verandah or balcony be
obstructed or inclosed wholly or in part (except by a balustrade
not exceeding 3 feet in height)
or used as a bathroom, urinal, water closet, sleeping apartment
storeroom, or kitchen, nor shall any rain or other
water be discharged therefrorn save in the inanner herein-
before provided : Provided that, in the, case of hotels and
blocks of offices, such partitions may be erected as may
be necessary for the separation of one room or suite of
rooms from any adjacent room
Kitchens, fireplaces and chimneys.
54. Every domestic building, and every floor of a
domestic building which is separately let for dwelling pur-
poses, shall be provided with adequate kitchen accommoda-
tion, the internal ai-ea of which shall not, except with the
permission of the Building Authority, as signified by the
approval of the plan required under the provisions of this
Ordinance, be less than 60 square feet, and every kitchen
shall be provided with a properly constructed fireplace, and
every kitchen shall be properly paved or floored with
cement-concrete or other non-absorbent material approved
by the Building Authority. The internal surface of the
walls, of every kitchen shalt also be rendered in cement-
mort ar, or other non-absorbent material approved by the
said Authority, to the height of at least 4 feet from the
floor level, and the thickness of such material shall not
be less than half an inch.
55. No kitchen of any tenement house shall, without
the permission of the Building Authority as signified by
the approval of the plan required under the provisions of
this Ordinance, hereafter be constructed so as to extend
across more than one half of the width of such building
if such building has other buildings abutting against it on
both sides or is separated from any adjacent building or
from land on which any building may be erected by a less
space than 20 feet throughout one side. The width of a
building shall be measured parallel to the principal front
and shall be the average distance between the centres of
the party walls or the outer faces of the lateral external
walls of such building,
56. Every fireplace shall be constructed with a proper
chimney or smoke-flue and in such a manner as not to allow the
smoke to escape through any window or hole in
the walls or roof or through any vent other than such
chimney or smoke-flue. The interior surfaces of every brick
or masonry chimney or smoke-flue shall be smoothly ren-
dered with mortar, or lined with earthenware pipes and no
such chimney or smoke-flue shall have less than 28 square
inches of internal sectional area, equivalent to a diameter
of 6 inches in the case of circular pipes, unless with the
approval of tile Building Authority. Except when required
for heating purposes, smoke-flues shall be encased with
brickwork properly bonded into the wall in connexion with
which they are constructed, and, when added to existing
buildings, such brickwork shall be built in cement-mortar :
Provided that in the case of chimneys or smoke-flues re-
quiring to be extended to a greater height than 5 feet above
the roof, any extension in excess of that height may, at
the discretion of the Building Authority, consist of iron
pipes.
57. Whenever any fireplace is adapted for the use of
charcoal or wood as fuel, such fireplace shall be provided
with a hood of sheet-metal or other approved material of
sufficient size connecting with a chimney or smoke-flue
carried up above the level of the main roof.
58. The upper surface of any floor under any oven,
stove or fireplace shall be of incombustible materials, ex-
tending over the whole area covered by such oven, stove
or fireplace -and beyond to -,.b. distance of 9 inches at least
on every side of such oven, stove or fireplace, and such
floor shall have hearths of stone, tile or other incombustible
material laid before every chimney-openiing.
59. No chimney or smoke-flue shall be constructed or fixed nearer
than 9 inches to any wood-work or combustible material unless
encased in non-conducting aiid incombustible material to the
satisfaction of the Building Authority.
60. Every brick or masonry chimney or smoke-flue shall be
continued up above the roof in brick or cut stone-work, of a thickness
all round of riot less than 4 inches, to a height of not less thall 3 feet
above the highest point in the line
of junction with such roof, and every such chimney or smoke
flue hereafter erected above such point shall be built in
cement-mortar.
61. Chimneys of brick, stone, or other incombustible c
material, may be corbelled out in the upper storeys of build-
ings, provided that the work so corbelled out does not
project from the wall more than the thickness of such wall,
but all chimneys built in the ground storeys of buildings
shall, unless with the consent of the Building Authority, rest
upon solid foundations and upon footings similar in ever i v
respect to the foundations of the walls against which such
chimneys are built.
62. The back of every chimney-opening, from the
hearth up to the height Of 4 feet above the level of the fire-
grate, shall be at least 9 inches thick if in a party wall, or at
least 41 inches thick if not in a party wall.
Windows, Storeys and Roovis.
63. (1) Every storey of every domestic building hereafter erected
shall be provided with one window at least opening either directly or
across a verandah or balcony into the external air and the total area,
clear of any obstruction to the light, of such window or windows shall
be at least one tenth of the floor area of every such storey.
(2) Every storey of every such domestic building shall also be
provided with a window of at least io square feet, clear of any
obstruction to the light, in the rear rnain wall of such building
(exclusive of any kitchen or outbuilding attached to the building)
opening either directly, or acroAs a verandah or balcony into the open
space in the rear of such building and the area of such window shall
not be included in calculating the window area required by this section.
(3) Every window provided under this section shall
so constructed that at least one half can be opened and the
opening shall extend as far as is practicable above the floor
level.
64. (1) No domestic building shall hereafter be erected of a greater
depth than -5 feet unless every storey of such building is provided
with windows opening into the external
air having a total area, clear of any obstruction to *the light (including
the window in the rear equal to not less than one eighth of the floor
area of such 'storey and so arranged that, in the opinion of the Building
Authority the whole of the storey will be adequately lighted and
ventilated.
(2) Provided always that the provisions of this section shall not
apply in any case in which the Crown lease has specially provided for
the erection of buildi~~gs of a greater depth than 35 feet; and provided
further the Governor in Council may in any other case in his discretion
grant exemption froni or modification of the provisions of this Section.
(3) If any such exemption or modification is applied
for and refused by the Governor in Council, compensation
shall be paid to the owner, claiming in the manner provided
for by section 153, in respect of any land required by this
section to be left unbuilt upon in excess of the open space
required by section 72.
65. The depth of a building shall be measured on the ground level
froni a central point in the outer surface of the front main wall to the
outer surface of the nearest main wall 11 of the same building opposite
to such front main wall.
66. In any case where it may be found necessary the Director of
Public Works shall determine which is the from which is the rear of a
building.
67. No room shall be constructed in any store 'in.: any existing
domestic building, or of any domestic build hereafter erected, unless
such room is provided with skylight or -,vith a window or windows
opening either directly or across a verandah or balcony into the
external air and having an area, clear of any obstruction to the light,
equal to <it least one tenth the floor area of such room and being so
constructed that at least one half can be opened. In ..he case of a
window or windows the opening shall extend as far as is practicable
above the floor level : Provided that, in the case of existing domestic
buildings, the Governor in Council shall have power to modify the
requirements of this section in respect to the external air upon such
conditions, if any, as may be deemed expedient.
68. No window of tenement house shall be ob-
structed by the erection of anv structure whatsoever, except
with the permission of the Building Authority.
open spaces, lanes, etc.
69. . (i) No person who shall erect a new domestic
building oi. alter any existing domestic building on a site
excavated out of a slope or declivity shall permit such build-
ing or part thereof to abut against the hill-side but a clear
intervening space or area of a width of not less than one
fourth of the height of the cutting shall be left between such
building, along its whole extent, and the toe of the cutting .
Provided that such intervening space of area shall in no case
be of a less width than 8 feet in any part as measured on
the ground level of such building, and shall riot encroach
in any' way upon any street: Provided further that the
Governor in Council may grant exemption in any case in
which h the provisions of this section may appear to him to
be inapplicable
(2) The height of the cutting shall be measured on a
vertical line drawn from the toe of such cutting, and extend-
ing from the finished ground or concreted surface to a point
where it meets a line drawn at an angle of 30 degrees with
he horizontal from the top of the cutting.
70. Every person who shall, under the provisions of section 69
leave a clear intervening space or area between a new ; building and
the hill-side, shall make the surfa ' the floor of such area at least 6
inches lower than the levy of the lowest floor of such building, and lie
shall, if so required by the Building Authority, lay, to the full extent of
such area, along the toe of the slope of the hillside, and 'to a depth of at
least 12 inches below the surface, a line of hard sound, stone-ware field-
pipes, of not less than 3 inches diameter, for the purpose of effectually
draining the subsoil of such area, and he shall riot cause such subsoil
drain to be passed out under the floor of any building, unless any other
mode of outlet may be impracticable; and, in such case, he-shall cause
the subsoil drain to be so laid under the ground floor of such new
building, that there shall be a distance of at least 9 inches between the
top of such drain and the surface of such ground floor. The floor of
everv
such area shall have a fall of not less Gian 1 in 40 towards
the outlet for the drainage of such area, and shall be covered
with ,i layer of impervious rnaterial, is provided for in this
Ordinance, and shall be channelled.
71. Every area shall be kept, at all times, free aiid ubobstructed
obstructed. by structures of any kind other than a bridge or flight of
steps not exceeding 3 feet aiid 6 inches in width, nor shall such area be
roofed in or covered over with glass or other material. No bridge or
flight of steps shall be placed over any window opening into such area.
Every area shall be provided with a suitable parapet wall, or safe iron
railing or fence, along its upper edge.
72. (1) Every domestic building hereafter erected or re-erected
shall be provided by the owner with aii open space, in the rear, or
partly in the rear aiid partly at the side, exclusively belonging to such
building, equal in area to not less than one half of the roofed-over area
of such building ; aiid the level of such open space shall not be less
than 6 inches below the floor of the lowermost storey : Provided that in
the case of a domestic building hereafter erected or re-erected on a site
leased from Ilic, Crown prior to the 21St day of February, 1903 and
having a depth Of 40 feet or under the open space may be equal in area
to not less than one third of the roofed-over area of such building.
(2) In addition to such open space the owner shall provide a lane
to the satisfaction of the Building Authority, giving access to some
public or private street and shall submit a plan of such proposed lane
to the Building Authority for approval. Such plan shall bc prepared
with a view to promoting uniformity in the laying out of such lanes.
(3) Every lane shall be formed to such levels as the Building
Authority may, direct.
(4) A lane shall not be required in the case of any detached or semi-
detached domestic building which has a side lane or yard extending
the entire depth of the building 'and of a width of not less than 5 feet
and also lias a clear and unobstructed area in the rear of the building.
of a depth of not less than 8 feet and extending for the full width of the
site, but no such building shall be deemed to be semi
detached unless it is one of a pair of buildings eacli of which has a side
lane or yard as above described.
(5) Kitchens, bathrooms and latrines not exceeding-, io feet in
height above the highest point of Ilic surface of tile open space may
be erected in the aforesaid open space, but such buildin-s shall not
cover more than one fourth of such open space.
(6) In the event of the open space being provided partly in the
rear and partly at the side, the proportion of' such open space shall not
in' either case be less than one hall of the whole area required tinder
this section.
(7) The open space in the rear or at the side sliall not be inclosed
except by boundary walls or fence of a height not exceeding 8 feet,
containing a doorway communicating with the lane in the rear or the
side lane provided tinder subsection (4).
(8) In no case shall any obstruction whatever be plac.A or erected
in any lane or open space provided under this section except as
hereinbefore permitted.
(9) In no case shall the Building Authority require the space for a
lane, expressly provided for one building, to be of a greater width than
5 feet and when such a lane is on land leased from the Crown prior to
the 21st day of February, 1903, aiid the building for which the lane is
provided has no verandahs or balconies projecting over a street, then
any width of the lane in excess of 3 feet may be. included as open
space.
(io) No portion of any street shall be included in calculating the
area of open space required by this section except as allowed bY'
subsection (o) and 110 portion of the open space required by this
section, except any width of a lane in excess. Of 3 feet as allowed by
subsection (o), shall be deemed to be a street.
(ii) For the purpose of this section, no yard or space which is
inclosed on all sides by walls having a height of more than 8 feet shall
be included in calculating the area of open space.
(12) The Governor in Council may modify the foregoing.
requirements in any case in which the Crown lease
going
or the agreement for a Crown lease has specially provided for an open
space in the rear of any such building of a less area than is hereby
required, and may in any other case make such modification -is may be
recommended by the Director of Public Works upon such conditions,
if any, as may be deemed expedient.
73. (1) No existing domestic building which has an open space of
less area than that required by section 72 shall hereafter be altered in
such a manner as to encroach on the existing amount of open space
and no existing domestic building which has a greater amount of open
space than that required by section 72 shall hereafter be altered in such
a manner as to reduce the amount of open space to less than that
required by section 72
(2) The Building Authority, with the consent of the
Governor in Council, shall have power in any case to grant
a modification of the requirements of this section upon such
conditions, if any, as the Building Authority may deeni
expedient.
74. Every building, other than a domestic building,
hereafter erected or re-erected shall be provided with such a
lane as is referred to in subsection (i) of section 72 but
a lane shall not be required in the case of a detached or
semi-detached building and in any other case where in the
opinion of the Building Authority, a lane is not considered
necessary.
75. For the purpose of sections 72 and 74, re-erection includes
every alteration of an existing building in such i manner as to make the
resulting building a new building or in such a nianner as to make the
resulting building oi. any part thereof an exceptional building, but the
erection of reinforced concrete stairs, roofs, lintels or kitchen or
bathroom floors only, in an existing building shall not be deemed to
make such building an exceptional building.
76. The owner of every building provided with an open space
shall provide means of access to such open
space to the satisfaction of the Building Authority.
Vertical Height of buildings to Main Wall-head
77. (1) The height of every building shall hereafter be regulated in
accordance with ihis section unless the Governor in Council shall
otherwise permit.
(2) No existing building on ]and leased from the Crown prior to
the 21St day of February, 1903, which does riot exceed in height one
and -i quarter times the. 'k~,idtii of the street upon which it abuts shall
hereafter be raised to a height exceeding one and a quarter tinies the,
width of the street upon which it abuts.
(3) No existing building on land leased from Ilic Crown prior to the
21st day of February, 1903 which exceeds in height one and a quarter
times the width of tile. street upon which it abutes, Sliall hereafter be
increased iii height.
(4) No building on land leased from the Crown prior lo
the 21st day of February, 1903, shall hereafter be erected or
re-erected to a height exceeding one aiid a quarter times
221
the width of the street upon which it abuts.
(5) No existing building which lias verandahs or balconies
projecting over a street and which exceeds in height the width of the
street upon which such building abuts shall hereafter be increased in
height.
(6) No building on land leased froni the Crown after the 21st day of
February,, 1903, shall be erected to a height exceeding the width of the
street upon which it abuts.
(7) No building which does not fall within the provisions of the
preceding paragraphs shall be erected or re-erected or raised to a
height exceeding such lieight as the Building Authority may authorize,
but in the case of a building on land abutting upon a street the Building
Authority shall have no power to require such building to be of a less
height than that specified in SLICII of the foregoing paragraphs as would
apply if such building had been so arranged as to abut upon such
street.
(8) No building shall exceed three storeys iii height unless such
building is constructed of fire resisting niaterials throughout and no
domestic building shall exceed five
storeys in height unless with the consent of the Govertior in Council.
(9) In the event of any building being hereafter erected or re-
erected on a corner site so as to abut upon more than one street, or in
the event of any building on a corner site being increased in height,
the height of such buildings shall be regulated by the widest or wider
of the streets upon which it ibtits,' so fat. as it abuts or will abut upon
such widest or wider street and also so far as it abuts or will abut upon
the narrower streets or street to a distance not exceeding twice the
width of such narrower street as measured from the wider street.
(io) In the event of any building being hereafter erected
or re-erected so as to abut upon more than one street
although not on a corner site, or in the event of any such
building. being increased in height, the height of the several
parts of such building shall be regulated by the widths of
the streets upon which they respectively abut.
78. (1) Whenever it is practicable to do so the overall i height of any
building hereafter erected or re-erected sliall be determined by measuring
on the line of the wall abutting upon the street which regulates the
height, from the level of such street, the vertical height allowed by
section 77.
(2) Such vertical height shall also be. measured froni the level of
such street on the line of the nearest main wall of the same building
opposite to the wall abutting on the street.
(3) From the points thus determined on the two main walls, lines
shall, in the case of buildings on land leased from the Crown prior to
the 21st day of February, 1903, be drawn at angles of 68 degrees with
the horizontal, and in the case of buildings on land leased froni the
Crown after the 21st day of February, 1903, lines shall be drawn at
angles of 63 1/2 degrees with the horizontal, -and any part of
the building (except any chimney or party wall or any parapet wall not
exceeding 3 feet in height) falling outside such lines shall be deerned
illegal and no part of the building (except any chimney or party wall or
any parapet wall not exceeding 3 feet in height) shall, in the case of
buildings on land leased from the Crown prior to the 21St
day of February, 1903, extend beyond an overall height measured from
the level of the street upon which the
.building abutes equal to twice the width of such street and in the case
of buildings oil land leased froni the Crown after the 21st day of
February, 1903, no part of the building shall extend beyond an overall
height measured froni the level of the street upon which it abuts equal
to one and a half times the width 'Of SLICII street : Provided that
(a)in the case of a domestic building, hereafter erected or re-
erected on ]and leased from the Crown after the 21st day of
February, 1903, any part of Ilic building, in the rear of the
nearest main wall of tile same building opposite to the front
main wall, may be erected to a height equal to the width of
the street on which such building abuts but no portion
whatsoever of such rear part of the building any chimney,
party wall or parapet not exceeding 3 feet in height) shall
extend beyond the height so determined;
(b)in the case of a domestic building hereafter erected or re-
erected on land leased froni the Crown prior to the 21St day
of February, 1903, aiid which lias no verandahs or balconies
projecting. over any street, -.tny part of the building in the
rear of the nearest main wall of the same building opposite to
the front main wall, which does not extend more than half the
width of the main building as measured on the real. main
wall, may be erected to a height equal to one and a quarter
times the width of the street on which such building abuts.
Froni a point thus determined oil the rear main wall of such
rear part of the building a line may be di-awn at an angle of
68 degrees with the horizontal and no portion of this part of
the building whatsoever (except aily chimney, party wall or
parapet not exceeding 3 feet in height) Sliall fall outside such
line;
(c)in no case shall any building hereafter erected ar re-erected
exceed five storeys in height or an overall height of So feet
unless with the consent of the Governor in Council.
(4) In the event of the street on which a building abuts not being
level throughout the extent of such building the
height shall be measured from the central point of the external face of
the wall abutting on such street.
(5) The vertical height allowed by section 87 shall apply only for
the width of the building so far as it abuts upon the street by which the
height is regulated; and the height of any portion of the building which
does not so abut shall be determined by the Building Authority.
(6) In any case which h does not fall within the foregoing
provisions the hegith of the buildings shall be. determined in such
manner as the Building Authority may direct.
(7) The diagrams in Schedule O are used as illustra-
only of the rules set out in this and the preceding
section. They shall not be deemed to control the text.
Water closets and latrines.
79. Every Iatrine sliall be constructed of brick, stone,
or other material approved by the Building Authority, and
shall have a clear internal. area of not less than 7 square
feet, and no latrine shall have direct communication with a
street.
80. Every pail Iatrine shall open into the outer air and
not into the building.
81. Every Iatrine shall have a suitable door and an
opening or openings for ventilation into the external air
of not less than 2 square feet in aggregate immediately
under the roof.The internal walls of everv latrine shall
be rendered in cement-mortar or other non-absorbent
material approved by the Building Authority to the height
of at least 3 feet and the thickness of such material shall not
be less than half an inch.
82. The floor of every Iatrine hereafter erected on any
ground floor shall be raised at least 6 inches above the level
of the surface outside.
83. No pail Iatrine shall' be so constructed as to have any direct
communication by means of any pipe, drain oi. grating, with any
underground drain or sewer, and any
existing pail latrine having such communication Shall
the same completely cut off by the owner when so required
by the Building Authority.
84. No water pipe or water tap shall be led to, or fixed
in or over, any water-closet, Iatrine or urinal, without the
intervention of a cistern or tank between stich water pipe or
water tap and the water service pspe.
85. Every domestic building and every floor of a
domestic building hereafter erected which is separately let
for dwelling purposes shall be provided with adequate latrinc
accommodation to the satisfaction of the Building Authority
and every exceptional building shall be provided by the
owner thereof with adequate Iatrine accommodation on the
premises for the separate lise of each sex to the satisfaction
of the Building Authority.
Drainage storm-water channels and nullahs.
86. Where in the opinion of the Building Authority the
site on which any domestic building is about to be erected
or re-erected is so damp as to require subsoil drains
adequate provision of such drains shall be made to the
satisfaction of the Building Authority.
87. Every owner of a new building shall construct the
ground floor of such building at such sufficiently high level
as will allow of the construction of a drain and of the
provision of the requisite communication with any public
sewer into which such drain may lawfully empty, at -a point
in the upper half-diameter of such sewer.
88. All works connected with the construction, repair,
amendment, disconnexion, trapping, and ventilation of
drains shall be carried out at the cost of the owner of the
building by persons approved by the Building Authority '
tinder the supervision of his officers aiid in all respects to
his satisfaction.
89. (1) The Building Authority may, by a written notice,
require the owners of existing buildings the drains
of which are, in his opinion, in a defective or insanitary condition
to construct within a reasonable time, new drains
in accordance with the provisions of this Ordinance, or to make such
other improvements in the existing defective drainage of such
buildings as may be necessary to meet the requirements of this
Ordinance.
(2) Regulations regarding drainage may be made by
the Governor in Council.
90. If the Building Authority considers that a group
of contiguous buildings may be drained more advantage-
ously in combination than separately, lie may order that
such group be drained upon some combined plan to be
approved by him, and the cost thereof shall be apportioned
by the Building Authority between the different owners of
such group of contiguous buildings.
91. If any building be without a sufficient drain, and if a public
sewer of sufficient size be. within too feet of the premises or outermost
boundaries of the lot on which such building is situated, and if such
public sewer be on a lower level, it shall be lawful for the Building
Atifflority to require the owner of such building to construct a drain in
such a manner as shall allow of the requisite communication with such
public sewer, aiid such drain shall be adequately trapped and
ventilated to the satisfaction of the Building Authority: Provided
always, that if lily owner, by order of the Building Authority, drains his
building into a public sewer,, he shall not be required to drain such
building at his own expense into any other public sewer.
92. Whenever the Building g Authority shall have reason
to believe that the drains of any building are defective or
in a condition injurious to health it shall be lawful for him
to order an inspecting officer to enter the premises and to
inspect such drains, and, if requisite for the purpose of such
inspection, such officer shall cause the ground to be opened
in any place he may deem fit, doing as little damage as may
be, and should such drains be found in a satisfactory
condition', they shall be reinstated and inade good at the
public expense, but should such drains prove to be defective,
the. Building Authority shall cause them to be properly
reconstructed, repaired, or amended by the owner in accord-
ance with the provisions of this Ordinance.
93. In isolated places not provided with any public
drainage system, every private drain or channel shall have
its course and outfall constructed in such manner as the
Building Authority may approve.
94. Every drain on private property shall be laid as directed by the
Building Authority under the provisions of this Ordinance, and, upon
its completion, every such drain shall be connected with the
Governnient main sewer by the Director of Public Works, who shall
have power to regulate the number and position of the connexions to
be made,
95. No building shall hereafter be erected over any
public drain, nullah, or storm water-channel, whether natural
or artificial, without the written consent of the Governor in
Council.
96. No nullah, or storm water-channel whether natural
or artificial, shall hereafter be covered over except by a
bridge not exceeding So feet in length, without the written
consent of the Director of Public Works.
97. All work permitted under sections 95 and 96 shall only be
carried out under such conditions as may be imposed by the Director
of Public Works, and to his entire satisfaction. In framing such
conditions, he shall make due provision for the subsoil drainage of
adjacent land, aiid for access for the purpose of inspection and
cleansing.
98. It Shall not be lawful for any person to dig out the
foundations of any building, or to excavate any site for any
purpose whatsoever, in such manner as to cut into, open out,
divert, undermine, obstruct, dam, or otherwise interfere with
any drain, nullah, catch-water or water-channel, whether
situated on leased or unleased Crown land, unless lie lias
provided to the satisfaction of the Director of Public Works
for the escape of any waters flowing through such drain,
nullah, catch-water or water-channel
PART II-MISCELLANEOUS
99. (1) Except with the permission of the Building Authority,
which may be granted upon a written application, it shall not be lawful
to sink or reopen any well to be used
for the purpose of flushing water-closets or urinals, or to allow any
such well to be sunk or reopened.
. (2) Every well shall be so constructed as to exclude
surface water as far as possible, and due provision shall be
made for the conveyance of the drip or waste to the nearest
drain inlet or other channel into which it may be lawfully
discharged.
100. (1) Every building, yard or other place used for the storage of
timber, other than timber in baulk, shall unless exempted by the
Director of Public Works, be inclosed on all sides by brick walls at
least io feet high and 14 inches thick. Every such buildingi yard or
place shall have a clear passage-way not less than 6 feet in width
between such walls and the boundary of any other premises. No
portion of any building, yard or place, if used for the storage of more
than 300 cubic feet of timber, other than timber in baulk, shall be within
So feet of any building or premises used for any other purpose
whether on the same or on an adjoining lot.
(2) No building used for the storage of timber, other than timber in
baulk, and no building in any yard or place used for the storage of
timber other than timber in baulk shall exceed in height 30 feet
measured from the level of the ground to the extreme top of such
building.
(3) No pile, stack or store of timber shall exceed 30 feet in height
from the level of the ground.
(4) It shall not be lawful to form in any pile, stack or store of
timber any room or chamber or space (other than a passage) to be used
for any purpose whatever.
(5) For the purpose of this section, timber in baulk
shall not include China fir poles.
Matsheds and other inflammable structures.
101. (1) It shall not be lawful for any person to erect or maintain
any structure of wood, mats, palm leaves, thatch, or other inflammable
material, without permission in writing from the Building Authority, or
an officer deputed by him in that behalf, and except subject to
regulations made hereunder.
(2) No such structure shall be erected on any land which is
situated within the gathering ground of any public reservoir without
the special permission of the Building Authority.
(3) Every person who erects or maintains any structure
in contravention of the provisions of this section shall upon
summary conviction be liable to a fine of one hundred
dollars, and the magistrate may further order the building
to he removed.
Blasting.
102. (1) It shall not be lawful for any person to blast any stone,
earth or other material unless lie shall have fully covered over and
weighted down such material with a sufficiently heavy timber shield, or
taken such other precautions as shall effectually prevent any fragments
from being projected in such a manner is to be dangerous, aiid unless,
in addition, he shall previously have fully warned all persons within a
radius of five hundred feet from the proposed blast by means of red
flags aiid by the beating of a gong continued for at least five minutes,
previous to the firing off of such blast. No blast shall be fired off except
between 12 110011 and 12.30 P.m., and between 4.30 p.m. and 5 p.m., or,
between such other hours as the Governor in Council may, by
notification, appoint : Provided that in all Government quarries, whether
leased or otherwise, the blasting of stone shall be subject to
regulations made by the Governor in Council.
(2) Every person who contravenes any of the provisions of this
section shall upon summary conviction be liable to a fine of five
hundred dollars.
(3) For any contravention of this section there shall be liable riot
only the labourer doing the work but also the permit-holder aiid
likewise the contractor or forernan under whom such labourer is
working.
Earthcutting
103. (1) It shall not be lawful for any, person to Cut Or remove earth,
clay oi. turf, or to collect, extract, split, blast or remove stones, from any
land not under lease from the Crown, except subject to the regulations
made hereunder or
without the permission in writing of the Director of Public Works, or in
such manner as shall undermine or in any way prejudicially affect or
endanger the stability of any bank or of any land or property adjoining.
(2) Every person who contravenes any of the provisions of this
section or of any such regulations shall be liable on summary
conviction to a fine of one hundred dollars.
(3) For any contravention of this section there shal!
be liable not only the labourer doing the work but also the
permit-holder, and likewise the contractor or foreman under
whorn such labourer is working.
Private streets.
104. No new street on land held under lease from the
Crown shall be constructed for the purpose of the erection of
new buildings fronting thereon until a block plan of the
whole of the property concerned drawn to a scale of not less
than one-twentieth of an inch to the. foot, showing such
proposed street, and its connexions with neighbouring streets
together with the proposed levels and any scavenging lanes
as well as the proposed method of construction and surface
drainage, shall have been submitted to aiid approved by the
Building Authority.
105. No new street on land held under lease from the
Crown within the City of Victoria, on which doniestic build-
ings front, shall be of a less width throughout than 30 feet,
aiid no such street outside the City of Victoria shall be of a
less width throughout than 40 feet. Every such street shall
open, at one end at least, upon some existing or projected
public street.
106. Every person who shall erect fronting a private lane
any new domestic building shall so place the said building
that along its entire frontage there shall be an open space
of at least 7 1/2 feet in width, measured from the centre line
of such lane.
107. (1) No building shall hereafter be erected or reerected over any
entrance to or over or upon any portion of any street on land held
under lease from the Crown nor shall any other obstruction of an), kind
be maintained or
placed in, over or upon any portion of any such street, unless with the
consent of the Governor in Council.
(2) In the event of the refusal of the Governor in Council to
consent to the re-erection of any building to which this section applies,
compensation shall be paid by the Government to the owner of such
building, the amount of such compensation to be determined by
arbitration as hereinafter provided.
(3) Every person who contravenes any of the provisions
of. this section shall be liable upon summary conviction to a
fine of one hundred dollars.
108. (1) Every street or lane on land held under ' lease from the
Crown on which buildings front, adjoin, or abut, shall be concreted or
otherwise surfaced, channelled, sewered and drained to the
satisfaction of the Building Authority and shall be maintained in good
order to his satisfaction at the expenses of the owners of the lands and
premises fronting, adjoining or abutting on the street or lane.
(2) In the event of the owner of any lands or premises so fronting,
adjoining or abutting on such street or lane failing to concrete or
surface, channel, sewer, drain or maintain such street or lane to the
satisfaction of the Building Authority, Government may carry out such
work and the Building Authority may apportion the cost thereof
between the several owners in proportion to the width of their land at
the place where it fronts, adjoins or abuts on such street or land, and
the Building Authority may recover such apportioned cost together
with interest thereon at the rate of eight per cent per annum from the
date of demand for payment thereof made by the Building Authority, by
action in the summary jurisdiction of the Supreme Court against the
person who at the time when the apportionment is made is the owner of
the premises or against any person who subsequently becomes and, at
or after the date of the commencement of such action is the owner
thereof.
(3) The Building Authority may at any time after making the
apportionment aiid notwithstanding any change of ownership in the
meantime, register in the Land Office against any premises included in
the apportionment, notice of the sum apportioned thereon and upon
registration of the
notice such sum together with interest thereon at the rate of eight per
cent per annum from the date of demand for payment made by the
Building Authority shall be and remain a charge on such premises.
(4) Every street on land leased from the Crown may if
the Building Authority thinks fit be provided with lighting
apparatus by Government and the cost of providing and
maintaining such apparatus shall be borne by the several
owners respectively in proportion to the width of their lands
and premises at the place where the same fronts, adjoins or
abuts on such street and the Building Authority may appor-
tion the cost thereof between the several owners in the same
manner as is provided by subsection (i) and the Building
Authority shall have the same power and means of recover-
ing such cost as is provided by subsection (i). The cost of
illumination of such street shall however be borne by,-
Government.
109. The Director of Public Works shall have power, on
his being satisfied of the necessity therefor, temporarily or
partially to stop or divert. the traffic along any street, or
temporarily or partially to block up or occupy such street
for the purpose of carrying out any works of whatsoever
nature :Provided that, if the traffic in a street is stopped
or diverted, or a street is blocked up, notice to the public
shall be given whenever practicable.
Rights of Building and Adjoining owners.
110. (1) In this section and in sections iii to 126 hereof
'adjoining owner' means an owner,and 'adjoining
occupier' means an occupier, of land, buildings, storeys
or rooms adjoining those of a building owner;
'building owner' means such one of the owners of adjoin-
ing land who is desirous of building, or such one of the
owners of buildings, storeys or rooms, separated froni
one another by a party wall or party structure who does
or is desirous of doing a work affecting that party wall
or party structure.
(2) Where lands held under lease from the Crown by, different
owners adjoin and are unbuilt-on at the line of junction, and either
owner is about to build on any part
of the line of junction, the following provisions shall have effect.
(3) If the building owner desires to build a party wall on the line of
junction, he shall serve notice thereof on the adjoining owner
describing the intended wall.
(4) If the adjoining owner consents to the building of a party wall,
the wall shall be built half on the land of eacli of the two owners, or in
such other position as may be agreed between them.
(5) The expenses of the building of the party wall shall froni time
to time be defrayed by the two owners in due proportion, regard being
had to the use made and which may be made of the wall by them
respectively.
(6) If the adjoining owner does not consent to the building of a
party wall, the building owner shall not build the wall otherwise than as
an external wall placed wholly on his own land.
(7) If the building owner does not desire to build a party wall on
the line of junction but desires to build an external wall placed wholly
on his own land, he shall serve notice thereof on the adjoining owner
describing the intended wall.
(8) Where in any of the cases aforesaid the building owner
proceeds to build an external wall on his own land, lie shall have a right
at his own expense, at any time after the expiration of one month from
the service of the notice, to place on the land of the adjoining owner
below the level of the lowest floor, the projecting footings of the
external wall with concrete or other solid substructure thereunder,
making compensation to the adjoining owner or occupier for any
damage occasioned thereby. The amount of such compensation, if any
difference arises, shall be determined in the manner in which
differences between building owners and adjoining owners are
hereinafter directed to be determined.
(9) Where aii external wall is built against another external wall or
against a party wall, it shall be lawful for the Building Authority to
allow the footing of the side next such other external or party wall to be
omitted.
111. The building owner shall have the following rights in relation
to party structures and adjoining structures
(a) to make good, underpin, or repair any party structure which is
defective or out of repair;
(b)to pull down and rebuild any party structure which is so far
defective or out of repair as to make it necessary or desirable
to pull it down;
(c)to pull down any timber or other partition which divides any
buildings, and is not conformable with the provisions of this
Ordinance, and to build instead thereof a party wall
conformable thereto;
(d)in the case of buildings having rooms or storeys the
property of different owners intermixed, to pull down such of
the said rooms or storeys, or any part thereof as are not built
' in conformity with this Ordinance, and to rebuild the same
in conformity therewith ;
(c)in the case of buildings connected by arches or
communications over streets belonging to other persons, to
pull down such of the said buildings, arches or
communications or such parts thereof as are not built in
conformity with this Ordinance, and to rebuild the same in
conformity therewith;
to raise and underpin any party structure permitted by this
Ordinance to be raised or underpinned or any external wall
built against such party structure, upon condition of making
good all damage occasioned thereby to the adjoining
premises or to the internal finsihings and decorations
thereof, and of carrying up to the requisite height all flues
and chimney stacks belonging to the adjoining owner on or
against such party structure or external wall;
(g)to pull down any party structure which is of insufficient
strength for any building intended to be built, and to rebuild
the same of sufficient strength for the above purposes, upon
condition of making good all damage occasioned thereby to
the adjoining premises or to the internal finsihing and
decorations thereof ;
(h)to cut into any party structure upon condition of making
good ail damage occasioned to the adjoining premises by
such operation;
(i)to cut away any footing or any chimney-breast, jamb or flue
projecting, or other projection from any party wall or external
wall in order to erect an external wall against such party wall,
or for any .other purpose, upon condition of making good all
damage occasioned to the adjoining premises by such
operation ;
to cut away or take down such parts of any wall or building
of an adjoining owner as may be necessary in consequence
of such wall or building overhanging the ground of the
building owner, in order to erect an upright wall against the
same, on condition of making good any damage sustained
by the wall or building by such operation;
(k)to raise a party fence wall, or to pull the same down and
rebuild it as a party wall;
(1)to perform any other necessary works incident to the
connexion of a party structure with the premises adjoining
thereto :
Provided always, that these rights shall be subject to
this qualification, that any building which has been erected
prior to the 21st day of February, 1903, shall be deemed to
be conformable with the provisions hereof if it be conform-
able with the provisions of the Ordinances regulating
buildings before that date.
112. (1) Where a building owner proposes to exercise any of the
foregoing rights with respect to party structures, the adjoining owner
may by notice require the building owner to build on any such party
structure such chimney copings, jambs, or breasts, or flues, or such
piers or recesses, or any other like works as may fairly be required for
the convenience of such adjoining owner, and may be specified in the
notice; and it shall be the duty of the building owner to comply with
such requisition in all cases where the execution of the required works
will not be injurious to the building owner, or cause to him unnecessary
inconvenience or unnecessary delay in the exercise of his right.
(2) Any difference that arises between a building owner and an
adjoining owner in respect of the execution of any such works shall be
determined in the manner in which differences between building
owners and adjoining owners are hereinafter directed to be determined.
113. (1) A building owner shall not, except with the
consent in writing of the adjoining owner, and of the
adjoining occupiers, or in cases where any wall or party
structure is dangerous -(in. which ' cases the appropriate
provisions of this Ordinance shall apply), exercise any of
his rights. under this Ordinance in respect of any party
fence wall unless at least one month, or exercise any of his
rights under this Ordinance in relation to any party wall
or party structure other than a party fence wall, unless at
least two months before doing so he has served on the
adjoining owner of the party fence wall, the party wall or
party structure, as the case may be, notice stating the nature
and particulars of the proposed work and the time at which
the work is proposed to be commenced.
(2) When a building owner in the exercise of any of
his rights under this Ordinance lays open any part of the
adjoining land or building, he shall at his own expense
make and maintain for a proper time a proper hoarding and
shoring or temporary construction for protection of the
adjoining land or building and the security of the adjoining
occupier.
(3) A building owner shall not exercise any right given
to him by this Ordinance in such manner or at such time
as to cause unnecessary inconvenience to the adjoining
owner or to the adjoining occupier.
(4) A. party wall or structure notice shall not be avail-
able for the exercise of any right, unless the work to which
the notice relates is begun within six months after the service
thereof, and is prosecuted with due diligence.
(5) Within one month after receipt of such notice the
adjoining owner may serve on the building owner a notice
requiring him to build on any such party structure any
works to the construction of which he is hereinbefore
declared to be entitled.
(6) The last-mentioned notice shall specify the works
required by the adjoining owner for his convenience, and
shall, if necessary, be accompanied by explanatory plans
and drawings.
(7) If either owner does not, within fourteen days after
the service on him of any notice, express his consent thereto,
he shall be considered as having dissented therefrom, and thereupon a
difference shall be deemed to have arisen between the building owner
and the adjoining owner.
114. (1) In all cases not specially provided for by this Ordinance,
where a difference arises between a building owner and an adjoining
owner in respect of any matter arising with reference to any work to
which any notice given under this Ordinance relates, unless both
parties concur in the appointment of one architect they shall each
appoint an architect, and the two architects so appointed shall select a
third architect, and such one architect, or three architects, or any two of
them, shall settle any matter from time to time during the continuance of
any work to which the notice relates in dispute between such building
owner and adjoining owner, with power by his or their award to
determine the right to do, and the time and manner of doing any work,
and generally any other matter arising out of or incidental to such
difference; but any time so appointed for doing any work shall not,
unless otherwise agreed, commence until after the expiration of the
period by this Ordinance prescribed for the notice in the particular case.
(2) Any award given by such one architect, or by such three
architects, or by any two of them, shall be conclusive, and shall not be
questioned in any court ; with this exception, that either of the parties
to the difference may within fourteen days from the date of the delivery
of the award, appeal therefrom to a judge in chambers, who may,
subject as hereafter in this section mentioned, rescind the award or
modify it in such manner as he thinks just.
(3). -If either party to the difference makes default in appointing an
architect for ten days after notice lias been served on him by the other
party to make such appointment, the party giving the notice may make
the appointment in the place of the party so making default.
(4) 'Flie costs incurred in making or obtaining the award shall be
paid by such party as the architect or architects determine.
(5) If the appellant on appearing before the judge declares his
unwillingness to have the matter decided by hirn, and proves to his
satisfaction that in the event of the,
matter being decided against him he will be liable to pay a sum,
exclusive of costs, exceeding five hundred dollars, and gives security,
to be approved by the judge, duly to prosecute an action in the
Supreme Court and to abide the event thereof, all proceedings in
Chambers shall thereupon be stayed, and the appellant may bring an
action in the Supreme Court against the other party to the difference.
(6) The plaintiff in such action shall deliver to the defendants an
issue whereby the matters in difference between them may be tried, and
the form of such issue in case of dispute or of the non-appearance of
the defendant shall be settled by the court, and the action shall be
prosecuted and the issue tried in all respects as if it were an ordinary
action or issue in the Supreme Court, or as near thereto as
circumstances admit.
(7) If the parties agree as to the facts a special case may be stated
for the opinion of the court, and such case shall be heard and decided
in all respects as if it were an ordinary case stated for the opinion of the
court, or as near, thereto as circumstances admit; and any costs that
may have been incurred before the judge in chambers shall be deemed
to be costs incurred in the action and be payable accordingly.
(8) Where both parties have concurred in the appointment of one
architect, then, if he refuses, or for seven days neglects to act, or if he
dies or becomes incapable of acting before lie lias made his award, tile
matters in dispute shall be determined in the same manner as if he had
not been appointed.
(9) Where eacli party lias appointed an architect and a third
architect has been selected, then, if he refuses, or for seven days
neglects to act, or before such difference is settled, dies, or becomes
incapable of acting, the two architects shall forthwith select another
architect in his place who shall have the same powers and authorities
as were vested in his predecessor.
(io) Where each party has appointed an architect, then, if the two
architects refuse, or, for seven days after request of either party,
neglect to select a third architect, or another third architect as aforesaid
the Governor may, on the application of either party, appoint the
Director of Public
Works or some other fit person to act as third architect who shall have
the same powers and authorities as if he had been selected by the two
architects appointed by the parties.
(11) Where each party has appointed an architect, then,
if before the difference is settled either architect dies, or
becomes incapable of acting, the party by whom he was
appointed may appoint some other architect to act in his
place, and if for the space of seven days after notice served
on him by the other party for that purpose, he fail ' fails to do
so, the other architect may proceed ex parte, and his decision
shall be as effectual as if he had been a single architect in
whose appointment both parties had concurred; an architect
so substituted as aforesaid shall have the same powers and
authorities as were vested in the former architect at the time
of his death or disability.
(12) Where each party has appointed an architect, then, if either of
the architects refuses, or for seven days neglects to act the other may
proceed ex parte, and his decision shall be as effectual as if he had
been a single architect in whose appointment both parties had
concurred.
(13) In this section 'architect' means authorized authorized
architect'.
115. A building owner, his servants, agents and work-
men, at all usual times of working, may enter and remain
on any premises for the purpose of executing, and may
execute ariv work which he has become entitled or is required
in pursuance of this Ordinance to execute, removing any
furniture or doing any other thing which may be necessary;
and if the premises are closed, he and they may, accom-
panied by a police officer, break open any fences or doors
in order to effect such entry : Provided that before entering
on any premises for the purpose of this section the building
owner shall give fourteen days notice of his intention so to
do to the owner and occupier. In case of emergency he shall
give such notice only as may be reasonably practicable.
116. Where a building owner intends to erect within ten feet of a
building belonging to an adjoining owner a building any part of which
within such ten feet extends to a lower level than the foundations of
the building belonging
to the adjoining owner, he may, and, if required by the adjoining owner,
shall (subject as hereinafter provided) underpin or otherwise
strengthen the foundations of the said building so far as may be
necessary, and the following provisions shall have effect
(a)at least two months' notice in writing shall be given by the
building owner to the adjoining owner stating his intention
to build, and whether he proposes to underpin or otherwise
strengthen the foundations of the said building, and such
notice shall be accompanied by a plan and sections,
showing the site of the proposed building, and the depth to
which he proposes to excavate;
(b)if the adjoining owner shall, within fourteen days after being
served with such notice, give a counternotice in writing that
he disputes the necessity of such underpinning or
strengthening, or that he requires such underpinning or
strengthening, then, if such counternotice is not acquiesced
in, a difference shall be deemed to have arisen between the
building owner and the adjoining owner;
(c)the building owner shall be liable to compensate the
adjoining owner and occupier for any inconvenience, loss or
damage which may result to them by reason of the exercise of
the powers conferred by this section ;
(d)nothing in this section contained shall relieve the building
owner from any liability to which he would otherwise be
subject in case of injury caused by his building operations to
the adjoining owner.
117. (1) An adjoining owner may, if he thinks fit, by notice in
writing, require the building owner (before commencing any work
which he may be authorized by this Ordinance to execute) to give such
security as may be agreed upon, or in case of difference as may be
settled by a judge in chambers, for the payment of all such expenses,
costs and compensation in respect of the work as may be payable by
the building owner.
(2) The building owner may, at any time after service on hirn of a
party wall or party structure requisition by the adjoining owner, and
before beginning a work to which the requisition relates, but not
afterwards, serve a counter
requisition on the adjoining owner, requiring him to give such security
for payment of the expenses, costs, and compensation for which he is
or will be liable, as may be agreed upon, or, in case of difference, as
may be settled as aforesaid.
(3) If the adjoining owner does not within one month after after
service of the counter-requisition give security accordingly, he shall at
the end of that month be deemed to have ceased to be entitled to
compliance with his party wall or party structure requisition, and the-
building owner may proceed as if no party wall or party structure
requisition had been served on him by the adjoining owner.
118. (1) As to expenses to be borne jointly by the building owner
and adjoining owner the following provisions shall apply.
(2) If any party structure is defective or out of repair, the expenses
of making good, underpinning, or repairing the same shall be borne by
the building owner and adjoining owner in due proportion, regard
being had to the use that each owner makes or may make of the
structure.
(3) If any party structure is pulled down and rebuilt by reason of
its being so far defective or out of repair as to make it necessary or
desirable to pull it down, the expense of such pulling down and
rebuilding shall be borne by the building owner and adjoining owner in
due proportion, regard being had to the use that each owner may make
of the structure.
(4) If any timber or other partition dividing a building is pulled
down in exercise of the right by this Ordinance vested in a building
owner, and a party structure is built instead thereof, the expense of
building such party structure and also of building any additional party
structures that may be required by reason of the partition having been
pulled down, shall be borne by the building owner and adjoining owner
in due proportion, regard being had to the use that eacli owner may
make of the party structure and to the thickness required for the
support of the respective buildings parted thereby.
(5) If any rooms or storeys or any parts thereof, the property of
different owners, and intermixed in any building, are pulled down in
pursuance of the right by this Ordinance
vested in a building owner, and are rebuilt in conformity with this
Ordinance, the expense of such pulling down and rebuilding shall be
borne by the building owner and adjoining owner in due proportion,
regard being had to the use that each owner may make of such rooms
or storeys.
(6) If any arches or communications over public ways
or over passages belonging to other persons than the owners
of the buildings connected by such arches or communica-
tions, or any part thereof, are pulled down in pursuance of
the right by this Ordinance vested in a building owner, and
are rebuilt in conformity with this Ordinance, the expense
of such pulling down and rebuilding shall be borne by the
building owner and adjoining owner in due proportion,
regard being had to the use that each owner makes of such
arches or communications.
119. (1) As to expenses to be borne by the building owner the
following provisions shall apply.
(2) If any party structure or any external wall built against another
external wall is raised or underpinned in pursuance of the power by this
Ordinance vested in a building owner, the expense of raising or
underpinning the same and of making good all damage occasioned
thereby, and of carrying up to the requisite height all such flues and
chimney-stacks belonging to the adjoining owner on or against any
such party structure or external wall as are by this Ordinance required
to be made good and carried up, shall be borne by the building owner.
(3) If any party structure, which is of proper materials and sound
or not so far defective or out of repair as to make it necessary or
desirable to pull it down, is pulled down and rebuilt by the building
owner, the expense of pulling down and rebuilding the same and of
making good any damage by this Ordinance required to be made good,
and a fair allowance in respect of the disturbance and inconvenience
caused to the adjoining owner shall be borne by the building owner.
(4) If any party structure is cut into by the building owner, the
expense of cutting into the same, and of making good any damage by
this Ordinance required to be made good shall be borne by such
building owner.
(5) If any footing, chimney-breast, jamp or floor is cut away in
pursuance of the powers by this Ordinance vested in a building
owner, the expense of such cutting away and making good any damage
by this Ordinance required to be made good shall be borne by the
building owner.
(6) If any party fence wall is raised for a building, the expense of
such raising shall be borne by the building owner.
(7) If any party fence wall is pulled down and built as
a party wall the expense thereof shall be borne by the
building owner.
120. If at any time the adjoining owner makes use of any party
structure or external wall (or any part thereof) raised or underpinned as
aforesaid, or of any party fence wall pulled down and built as a party
wall (or any part thereof) beyond the use thereof made by him before
the alteration, there shall be borne by the adjoining owner from time to
time a due proportion of the expenses (having regard to the use that
the adjoining owner may make thereof)
(a)of raising or underpinning such party structure or external
wall, and of making good all such damage occasioned
thereby. to the adjoining owner, and of carrying tip to the
requisite height all such flues and chimney-stacks belonging
to the adjoining owner on or against any such party structure
or external wall as are by this Ordinance required to be made
good and carried up;
(b) of pulling down and building such party fence wall
as a party wall.
121. Within one month after the completion of any
work which a building owner is by this Ordinance authorized
or required to execute, and the expense of which is in whole
or in part to be borne by an adjoining owner, the building
owner shall deliver to the adjoining owner an account in
writing of the particulars and expense of the work, specify-
ing any deduction to which such adjoining owner may be
entitled in respect of ol * old materials, or in other respects, and
every such work shall be estimated and valued at fair average
rates and prices according to the nature of the work, and
the locality and the market price of materials and labour
at the time.
122. At any time within one month after the delivery
of the said account the adjoining owner, if dissatisfied
therewith, may declare his dissatisfaction to the building
owner by notice in writing served by himself or his agent,
and specifying his objections thereto, and thereupon a
difference shall be deemed to have arisen between the parties,
and shall be determined in manner hereinbefore provided
for the settlement of differences between building and
adjoining owners.
123. If within the said period of one month the adjoining
owner does not declare in the said manner his dissatisfaction
with the account, he shall be deemed to have accepted the
same, and shall pay the same on demand to the party
delivering the account, and, if he fails to do so, the amount
so due may be recovered as a debt.
124. Where the adjoining owner is liable to contribute
to the expenses of building any party structure, then, until
such contribution is paid, the building owner at whose
expense the same was built shall stand possessed of the sole
property in the structure.
. 125. The adjoining owner shall be liable for all expenses
incurred on his requisition by the building owner, and in
default of payment the same may be recovered from him as
a debt.
126. Nothing in this Ordinance shall authorize any
interference with any other easements in or relating to a
party wall, or take away, abridge, or prejudicially affect any
right of any person to preserve or restore any other thing
in or connected with a party wall in case of the party wall
being pulled down or rebuilt.
PART IV-
ADMINISTRATION.
Authorized Architects.
127. (1) The Clerk of Councils shall publish annually by
notification in the Gazette a list of all such architects, engineers
and other persons as the G ' Governor in Council may deem
qualified to perform the duties required by this Ordinance to be
performed by an authorized architect.
Such list shall include the names of the Director of Public Works and of
such other officers of the Public Works Department as the Governor in
Council may think fit. The Clerk of Councils shall from time to time
similarly publish the names of persons added to or removed from the
last published annual list by Order of the Governor in Council. The last
published list as so amended shall be deerned the current authorized
list.
(2) The Governor in Council shall not order the insertion of the
name of any person in any such list unless he deems him in all respects
fit and suitable to be authorized.
(3) If an authorized architect has ceased to practise in the Colony
the Governor in Council may by order remove the name of the architect
from such list.
(4) If any authorized architect is convicted of a criminal offence or
if the Governor in Council in his sole discretion considers such an
architect has been guilty of conduct disgraceful to him in his capacity
as an architect, the Governor in Council, may by order
(a) censure such an architect; or
(b)remove the name of such an architect from such list and
where the name of an architect is removed from such list, lie
shall, during such period as the Governor in Council may
determine on the occasion of the removal, be disqualified for
insertion in such list: Provided that
(i) the Governor in Council may on his own
motion or on the application of-the person -concernedcause
his name to be reinserted in such list; and
(ii) no order shall be made tinder this subsection without,
if practicable, written notice being given to such architect
and an opportunity being given to such architect to be heard
by the Governor in Council in person or by an authorized
representative.
(5) Any order of censure or removal made under paragraphs (a) or
(b) of the preceding subsection shall be
published by notification in the Gazette.
Plans Drawings and Notices.
128. (1) It shall - hall not be lawful to commence any
building works without the consent of the Building
Authority and the procedure set out in this section shall
be followed.
(2) Notice in writing in the prescribed form of the intention to
commence any building works shall be given to the Building Authority
by leaving the same at his office. Every such notice shall clearly state
the locality of the intended building works and the number and section
or subsection of the lot on which it is intended to build and shall state
any special or material particulars in connexion with the same which it is
not possible to denote on the plans. Such notice shall also state the
name and address of the owner and occupier of the building or lot and
shall be. signed by such owner or occupier or by the duly authorized
agent of such owner or occupier.
(3) Proper plans of such building, works signed by an authorized
architect showing the position form,- description and dimensions of all
portions thereof shall be submitted to tile Building Authority with the
aforesaid notice for his approval. If repairs, alterations or additions are
intended to be made to any existing building they shall be clearly
differentiated on the plan from the existing work intended to be left
intact or utilized in carrying out such repairs, alterations or additions;
and if the B~uilding Authority shall consider it necessary so to do he
may require further plans to be submitted of other portions of the
existing building and of any adjoining buildings. 'Unless dispensed with
by the Building Authority the details of any drainage to 6e' constructed
shall be shown on the plan. Every plan shall be drawn on tracing linen
or other material approved by the Building Authority, to a scale of not
less than one tenth of an inch to the foot, and shall contain enlarged
details with figured dimensions of the principal features of construction
and shall also show the position and levels of the surrounding ground
and buildings. In cases where several alterations are made in the original
design during the carrying on of work involving the submission of
amended plans, the Building Authority may require the submission of a
complete set of new plans shewing the building as
completed. In the case of minor alterations or repairs the Building .
Authority may dispense with the submission of plans by an authorized
architect.
(4) A block plan showing clearly the situation of the premises and
the neighbouring streets and buildings drawn to a scale of not less
than one inch to fifty feet shall be submitted with such plans and if the
Building Authority considers it necessary that any levels or
development streets be shewn in such block plan he shall be entitled to
require the same so to be shewn
(5) In the case of a building to be constructed wholly or partly of
reinforced concrete or steel such plans shall be accompanied by proper
and complete calculations relevant to such reinforced concrete or steel
to the satisfaction of the Building Authority and by a certificate signed
by an authorized architect in the form prescibed in regulations made
under section. 13S.
(6) In the case of repairs, demolition, alterations or additions to
any existing building such plans shall be accompanied by a certificate
from an authorized architect in the prescribed form stating that he has
inspected such building and that in his opinion it is capable of bearing
the weight and stresses of the repairs, demolition, alterations or
additions proposed to be made in accordance with the said plan and
also of any additional weight or stresses which in consequence of such
repairs, demolition, alterations or additions may be imposed upon it.
(7) When the execution of any building works will involve the total
or partial demolition of any building, the owner thereof shall cause
every person occupying such building to vacate any portions thereof
which may for any reason be or become endangered by, or during the
execution of, the building works, and shall not permit or suffer any
person to occupy such affected or endangered portions until the
affected or endangered portions are made safe. If any such person
declines to vacate the premises on being required by the owner to do
so, such owner may apply to a magistrate to order such building or part
of such building to be closed by or under the direction of the
Commissioner of Police, and, to remain closed until the Building
Authority, or an
officer deputed by the Governor in Council in that behalf, lias certified
in writing that the affected or endangered portions have been made
safe.
(8) The Building Authority may also require any other information
concerning the proposed building and the uses to which it may be put
that he may deem necessary.
(9) The Building Authority shall Within 28 days of the submission
of the said plans notify the person submitting the same or his
authorized architect or other representative if they are not in
accordance with the requirements of this Ordinance. If the Building
Authority does not within such period so notify, the building shown
on such plans may be commenced in the same manner as if the
approval of the Building Authority had been received : Provided that in
the event of such plans having been withdrawn for alteration during
such period Of 28 days by the person submitting the same or his
architect or other representative the said period shall be calculated from
the date of their final submission.
(io) If the Building Authority shall within such period Of 28 days
notify the person submitting the plans or his authorized architect or
other representative of any matter in respect of which they are not in
accordance with the requirements of this Ordinance then, if they are
amended as required, the Building Authority shall approve within a
period of 14 days from the time the amended plans are submitted to him
and if he shall not signify his approval within such period the building
may be commenced in the same manner as if the approval of the
Building Authority had been received.
(II) It shall not be lawful to resume any building works if work lias
been suspended for a period exceeding three months nor to commence
any building works which have not been commenced within three
months of the date of the approval of the plans, without obtaining the
consent of the Building Authority. Seven days notice iii writing of the
intention to resume or commence such building works in or according
to the prescribed form shall be given to the Building Authority who,
before giving his consent may require amended plans to be submitted
to him for approval if he considers it necessary for the purpose of
complying with the provisions of this Ordinance.
(12) All plans, certificates and notices submitted to the
Building Authority shall be filed in his office.
129. A copy of every plan approved by the Building
Authority shall be supplied by the authorized architect in
charge of any building works to the contractor engaged on
such work and it shall be the duty of such contractor to keep
every such plan available on such works for inspection by
the Building Authority or any officer deputed by him :
Provided that nothing contained in this Ordinance shall
be construed to render it obligatory upon the Building
Authority or any Government officer to inspect any building
works or existing building for the purpose of verifying the
accuracy of any plans, certificates or notices submitted to or
approved by the Building Authority nor for the purpose of
verifying that the provisions of this Ordinance have been
complied with in respect of any such plans, certificates or
notices.
130. (1) In case any accident or emergency shall render it necessary
to shore up, underpin, demolish or otherwise make safe any existing
building immediately, it shall be lawful so to do without first obtaining
the consent of the Building Authority provided notice in writing of any
such work and of the accident or emergency which necessitated such
work shall be given to the Building Authority by the owner or his duly
authorized agent within two days thereafter. Failure on the part of an
owner or agent to give stich notice within such time as aforesaid shall
render such owner or agent liable upon summary conviction to a fine of
five hundred dollars.
(2) If on inspection the Building Authority or aii officer deputed by
him considers that the building lias been made safe he may order all
work to be stopped until such time as proper plans have been submitted
to and approved. by the Building Authority and any owner, -agent,
architect, engineer or contractor who fails to observe such order shall
be liable. upon summary conviction to a fine of two thousand
dollars.
131. (1) On the completion of any repairs, demolition, alterations or
additions to any existing building the authorized architect who
supervised such repairs, demolition, alterations or additions shall
furnish his certificate in the prescribed form to the Building Authority
stating that the sarne have been completed in accordance with the
approved plans. Failure to furnish the Building Authority with such
certificate within one week after the date of completion of work shown
on the approved plan shall render the authorized architect liable upon
summary conviction to a fine of ten dollars per day in respect of each
day of his default.
(2) Adequate supervision in and throughout the carrying on of
work shown on any plans approved by the Building Authority shall be
exercised by the authorized architect who has signed such plans:
Provided that if at any time prior to the completion of such works the
supervision thereof be transferred or changed to another authorized
architect the latter shall exercise adequate supervision of such work
and shall also if required by the Building Authority furnish fresh plans
for his approval.
(3) Notice in writing of any such transfer or change of' supervision
shall be given to the Building Authority immediately after the date of
such transfer or change by both the authorized architect whose duty it
was to supervise the work up to date of such transfer or change and
also by the authorized architect to whom the supervision has been
transferred or changed. Failure on the part of an authorized architect to
furnish such notice to the Building Authority within two days after the
date of such transfer or change shall render such architect liable upon
summary conviction to a fine of ten dollars per day in respect of each
day of his default.
(4) Failure on the part of an authorized architect to
exercise adequate supervision in and throughout the carrying
on of any work which it is his duty to supervise shall render
him liable upon summary conviction to a fine of two
thousand dollars.
132. (1) Every misrepresentation of a material fact in any plan,
certificate or notice submitted or furnished to the Building Authority
shall be deemed a contravention of this
Ordinance and the person who has signed any such plan, certificate or
notice shall be liable upon summary conviction to a fine of two
thousand dollars.
(2) Every material divergence or deviation from the work shown in
any plan approved by the Building Authority, unless such divergence
or deviation has received the written approval of the Building Authority
shall be deemed a contravention of this Ordinance. In respect of any
such divergence or deviation which is not so approved, every owner,
agent, architect, engineer or clerk of works who condones such
divergence or deviation and every contractor employed in the building
who carried out such divergence or deviation shall upon summary
conviction be liable to a fine of two thousand dollars in respect of every
such divergence or deviation. Every material divergence or deviation
from the work shown in such plan shall be reported in writing to the
Building Authority within seven days from the date on which such
divergence or deviation occurred, by the authorized architect whose
duty it is to supervise such work. Failure on the part of such authorized
architect to furnish such report to the Building Authority within the
abovementioned period shall render such authorized architect liable
upon summary conviction to a fine of two thousand dollars and such
failure shall be deemed prima facie evidence of condonation by such
authorized architect of such divergence or deviation.
(3) In the case of any contravention of this section, a magistrate
shall also have power to
to order the building
works or any portion thereof to be forthwith altered or.
demolished so as to comply with the requirements of
this Ordinance and to the satisfaction of the Building
Authority.
Exceptional Buildings.
133. For the purposes of this Ordinance, 'exceptional building
includes
(a)every public building, factory, workshop, bakery, brewery,
distillery, pawnshop, every building intended for special
uses, every building made wholly or partly of reinforced
concrete, every
building made wholly or partly of glass, iron or other
material not provided for in this Ordinance, and
(b) every part of every building which is an exceptional
building within the meaning of paragraph (a).
134. Subject to the provisions of any regulations made
under the next section, the design construction and situation
of every exceptional building shall be subject to the special
approval of the Building Authority.
135. It shall be lawful for the Governor in Council to
make regulations governing the design, construction and
situation of exceptional buildings or any class of exceptional
building.
136. Notwithstanding anything herein to the contrary
provided, where any building is outside the boundaries of
the City of Victoria or Kowloon such building if separated
by a distance of not less than 150 feet from any other
building, may have walls, verandahs and balconies con-
structed wholly or partly of wood, and such building shall
be deemed to be an exceptional building and shall be subject
to the approval of the Building Authority in each particular
case.
Occupation of new buildings.
137. (1) No new building shall be occupied or used in any way,
except by caretakers only not exceeding two in number, until an
authorized architect shall have certified in writing in the
prescribed form to the Building Authority that such building
complies in all respects with the provisions of this Ordinance, and
is structurally safe, nor until the owner shall have received from
the Building Authority a written permit to occupy such building.
(2) In issuing such permits the Building Authority shall have
regard to the nature of the building and its fitness for occupation
or use as a domestic or as a non-domestic building and shall
accordingly issue permits appropriate to such occupation or use.
And no person shall wilfully use
or knowingly permit to be used any building with respect to which a
non-domestic permit lias been issued as a domestic building.
(3) If, after receiving such certificate from an authorized architect,
the Building Authority or any officer deputed by him shall discover
that in certain respects such building does not comply with the
provisions of this Ordinance and of all regulations made thereunder,
the Building Authority may require the authorized architect who signed
such certificate to pay a fee of fifty dollars (which shall be paid into the
Treasury) for each further inspection and no permit that such building
shall be occupied shall be issued by the Building Authority until he
shall have received a further certificate as aforesaid signed by an
authorized architect.
(4) If the Building Authority does not, within fourteen days of the
receipt of the aforesaid written certificate, notify the owner or his
architect or other representative that the building is not in accordance
with the provisions of this Ordinance, such building may be occupied:
Provided that in the event of any contravention of this section, the
occupier and also the owner shall be liable for such contravention,
unless such owner proves that such occupation has taken place
without his knowledge or consent.
Dangerous buildings.
138. Every owner of a building which may be declared
by the Building Authority, or an officer deputed by the
Governor in Council in that behalf, by an order in writing
to such owner, to be dangerous, shall cause the same to
be shored or otherwise properly secured and shall erect, iii
such manner as may be directed by the Building Authority,
or an officer deputed as aforesaid, a proper fence or
hoarding for the protection of passengers.
139. Buildings rendered dangerous by fire, wind or other cause of
whatsoever nature, to such an extent as, in the opinion of the Building
Authority, or an officer deputed by the Governor in Council in that
behalf, necessitates their being taken down partly or wholly or
otherwise made safe shall, upon the service on the owner of an order in
writing frorn the Building Authority, or an officer deputed as afore
said, declaring that such building is in a dangerous condition
and must be taken down partly or wholly or otherwise made
safe and specifying the time within which the work is to
be done, be taken down or made safe by such owner
accordingly.
140. (1) If the owner of a dangerous building cannot
be found, or if, on such notice in writing as aforesaid, he
refuses or neglects within the time fixed in such notice to
shore or otherwise properly secure or to take down such
dangerous building or such portion thereof as may be
declared to be dangerous by the Building Authority, or an
officer deputed as aforesaid, such dangerous building or such
portion thereof shall, without delay, be shored or otherwise
properly secured or taken down by persons employed by
the Building Authority who shall be entitled to recover the
cost thereof from the owner.
(2) In all cases of emergency, the Building Authority
or an officer deputed as aforesaid, may cause the necessary
work to be done without any notice whatever, the cost of
such work being recoverable from the owner. The decision
of the Building Authority or of an officer deputed as afore-
said, that the particular case is one of emergency, shall be
final and binding on all persons.
(3) Costs recoverable by the Building Authority from
the owner under subsection (i) or (2) shall constitute a
first charge on the land and premises on which the
dangerous building is situated: Provided that the land and
premises shall not be so chargeable as against a bona fide
purchaser thereof for valuable consideration without
notice.
141. (1) It shall be lawful for a magistrate on a re-
presentation being made to him by the Building Authority,
or by an officer deputed by the Governor in Council in that
behalf, that the whole or any part of a building, by reason
of any crack, settlement or other defect having shown itself
in it, or by reason of the materials used or method of its
construction having been found by examination to be
defective, is liable to become dangerous, to order such
building or part of such building to be closed by or under
the direction of the Commissioner of Police, and to remain
closed until the Building Authority, or an officer deputed as aforesad
has certified in writing that the defects have been remedied to his
satisfaction.
(2) Every person found inhabiting or using any building or part
thereof closed as aforesaid shall upon summary conviction be liable to
a fine of one hundred dollars, and to a further fine of fifty dollars for
every day that such person shall continue to inhabit or use such
building after conviction: Provided always that nothing in this section
contained shall be construed as affecting the powers expressly vested
in the Building Authority and the officer deputed as aforesaid in the
three preceding sections.
Building nuisances.
142. (1) The following shall be deemed to be nuisances under this
Ordinance
(a)any verandah, balcony, area or structure which is not in
accordance with the provisions of this Ordinance;
(b)any unauthorized encroachment on, over or into any land
not under lease from the Crown;
(c)any building or works whatsoever hereafter commenced,
carried on, resumed, altered or completed in contravention of
any of the provisions of this Ordinance;
(d)any structure erected or maintained in contravention of the
provisions of this Ordinance;
(e)the use in any building or works of any defective materials
or. of any materials contrary to the requirements of this
Ordinance;
any failure to supply, or any inadequate or defective
provision of drain, draintrap, water flushed sanitary
appliance or fitting, ventilating pipe, subsoil drainage or
cesspool accommodation;
(g)any act, failure, neglect, omission or refusal whereby any
provision of this Ordinance is contravened ;
(h)any act, failure, neglect, omission or refusal whereby any
condition or term attached to the grant of any modification of
or exemption from any provision of this Ordinance is
contraveDed.
(2) In respect of any offence against paragraph (e) of
subsection (i), every person who as architect, engineer, or
clerk of works, specifies or condones the use of improper
or defective materials or, as contractor, makes use of
improper or defective materials and also the owner of any
building or works on which any such improper or defective
materials are used, shall upon summary conviction be liable
to a fine of five hundred dollars, and to a further fine of
fifty dollars a' day for every day that the nuisance remains
unabated.
Abatement of nuisances.
143. (1) The competent authority to deal with nuisances under this
Ordinance shall be, unless the context otherwise requires, the Building
Authority or anv officer deputed by him in that behalf: Provided that
ihe competent authority to deal with nuisances under section 137 shall
be the Chairman of the Urban Council or any person deputed by him on
that behalf.
(2) Whenever the existence of a nuisance under this Ordinance is
brought to the attention of the competent authority as hereinbefore
defined, such authority may at his discretion serve a notice in the
prescribed form on the author of the nuisance or if such person cannot
be found, on the owner of the building or works in respect of which
complaint is made, and such notice shall specify the nature of the
nuisance and the manner and the time within which it is to be abated,
and in the case of refusal .or neglect to comply with the requirements of
such 'notice such authority shall summon such person or owner before
a magistrate who either in addition to inflicting or without inflicting a
penalty under any section of this Ordinance, may make an order
directing such person or owner to abate such nuisance within a time to
be fixed by such magistrate: Provided that notliing in this section
contained shall prevent a conviction, under this Ordinance, without
service of such notice, in any case in which, in the opinion of the
magistrate, service of such notice ought not reasonably to have been
required.
(3) 'author of a nuisance' means the person by whose act,
default, permission or sufferance the nuisance arises
or continues.
144. In case the said nuisance shall not be abated within
the time limited, it shall be lawful for a magistrate to make
an order empowering the Building Authority to abate the
nuisance; and all expenses, incurred by such authority in
causing such nuisance to be abated as aforesaid, shall forth
with be paid by the person against whom the original order
to abate such nuisance was made, or failing him by the
owner, without prejudice to any right of such person or
owner to recover the amount of such expenses from any
lessee or other person liable for the same.
145. Whenever the demolition of any building or works.
or any part thereof shall take place under any order made
under the preceding section, it shall be lawful for the
Building Authority, in case of non-payment of the said
expenses by the person liable to pay the same to sell and
dispose of the materials thereof, without prejudice to any
other remedy, and, out of the moneys arising from such
sale or disposition, to retain or pay the said expenses, and
the surplus, if any, shall be paid to the owner.
146. In case the person liable to pay the same shall not
forthwith pay all expenses incurred by the Building
Authority in the abating of any nuisance as required by
this Ordinance, it shall be lawful for a magistrate, by
warrant, to cause the same to be levied by distress and sale
of the good's and chattels of such person.
147. Nothing in this Ordinance shall 'affect any other
remedy for the abatement of nuisances.
Powers etc. as to entry and inspection.
148. (1) The Building Authority or any officer deputed
by him for the purpose, may at any time enter and inspect
any building for the purpose of ascertaining whether the
requirements of this Ordinance are carried out in relation
thereto or whether any building is dangerous, and in the
event of ' his discovering that the requirements of this
Ordinance have been contravened in any particular, or that
any building is dangerous, the owner thereof or his duly
authorized agent shall, upon receipt of an order in writing
from the Building Authority, stop the operations upon such
building until such contravention has been rectified or such building
has been taken down or rendered safe. Every person in charge of the
erection of any building shall provide ,planks, ladders, or other
reasonable means of access to every part of such building to facilitate
the inspection, and the 'Building Authority shall have power to do
anything to any such building which he may consider necessary for the
purpose of making an efficient inspection thereof.
(2) For the purpose of inspecting any building or wall
believed to be in a dangerous condition the Building
Authority, or an officer deputed as aforesaid, may cause
such openings to be made therein as he may deem fit:
Provided, that at least twenty-four hours notice in writing
of his intention to make any such openings shall be given
to the owner or Ills duly authorized agent.
Service of notice, summons or order.
149. Any notice, summons or order given, issued or
made under the provisions of this Ordinance, may be served
upon the person affected by the document to be served,
either personally or by leaving the same with any occupier
of the premises to which such document relates, or by
leaving the same with some adult inmate at the usual or
last-known place of business or residence of the person to
be served, or, if there is no occupier of such premises, by
putting up the document to be served on a conspicuous part
of the premises to which the same relates: Provided that
any notice, summons or order required by this Ordinance
to be given, issued or made to the owner of any premises,
shall be served either by leaving the same at the place of
business or residence within the Colony of such owner or
of his authorized agent, or if the whereabouts of such owner
.or agent be unknown by posting a registered letter addressed
to such owner or agent, at his last-known place of residence
or of business in the Colony.
Modification and Exemption.
150. Every application for modification of or exemption from any of
the provisions of sections 33, 64, 67, 69, 72, 73, 77 78, and 95, which the
Governor in Council is by any of such sections empowered to grant,
shall be made .to the Building Authority in the first instance, and may
be
granted by him either wholly or in part and with or without conditions;
and a certificate under the hand of the Building Authority to the effect
that any such modification or exemption has been granted by him shall
be as valid and effectual for all purposes as if such modification or
exemption had been granted by the Governor in Council.
151. The breach of or failure to perform any term or condition
attached to any modification of or exemption from any provision of this
Ordinance shall entitle the authority, by whom such modification or
exemption was granted, to cancel such modification or exemption, and
thereafter the said provision shall apply to the property affected as if
no such modification or exemption had been granted.
152. A memorandum stating the effect of any modifica-
tion of or exemption from any provision of this Ordinance
and of any terms or conditions attached thereto, signed by
or on behalf of the authority granting it, and by or on behalf
of the owner, may be registered in the Land Office against'
the property affected on payment by such owner of a fee
of three dollars (such fee to be paid in stamps), and in the
event of the cancellation of any modification or exemption
a memorandum thereof signed by or on behalf of the cancel-
ling authority shall be registered by the Land Officer
against the property affected without fee.
Arbitration.
153. (1) No suit, ae or other proceeding shall lie in any court for the
recovery by any person of compensation for loss alleged to have been
caused by the operation of this Ordinance, but any person claiming
any compensation payable under this Ordinance shall, unless the
assessment thereof is otherwise provided for by this Ordinance, submit
to the Colonial Secretary on the same date as the plans relating to the
works in respect of which such compensation is claimed are deposited
with the Building Authority, a claim in writing stating the amount which
he seeks to recover and the grounds upon which he bases his claim.
(2) In any case in which the claim is in respect of a matter with
regard to which powers of exemption or modification are vested in the
Governor in Council, the
person claiming shall await the decision of the Governor in
Council before proceeding with the works.
154. In the event of dispute, the amount of compensation, if any,
payable under this Ordinance shall be deter,mined by arbitration in the
manner following
(a)there shall be two arbitrators, one of whom shall be
nominated by the Governor and the other by the person
claiming compensation;
(b) the twoarbitrators so nominated shall view the inquire
into the claim and endeavour to
premises, arrive at a sum which they consider will, in the
circumstances of the case, be fair compensation, and if they
agree their decision shall be final ;
(c)in case of disagreement they shall, and at any stage of the
arbitration they may, refer the matter in dispute to a puisne
judge in chambers as umpire, and his decision shall be final ;
(d)the decision of the arbitrators or umpire shall be forwarded in
writing to the Colonial Secretary.
155. (1) The arbitrators and umpire in determining the compensation
to be paid and in estimating for such purpose the value of any land
resumed or of any building thereon
(a)may take into consideration the rateable value and the net
rental of the premises as furnished by the owner in
pursuance of the Rating Ordinance, the nature and the
condition of the premises, the state of repair thereof, and the
probable duration of the premises in their existing state ; and
(b)shall not make any compensation for any addition to or
improvement of the premises made after the date of the
submission of the claim to the Colonial Secretary (unless
such addition or improvement was necessary for the
maintenance of the premises in a proper state of repair); and
(c)shall not make any allowance in respect of the acquisition
being compulsory.
(2) The said arbitrators or umpire shall also receive evidence to
prove
(a)that the rental of the premises was enhanced by reason of
the same being used as a brothel, or as
a gaming house, or for any other illegal purpose; or
(b)that the rental of the premises was enhanced by illegal
overcrowding; or
(e)that the premises are in such a condition as to be a nuisance
within the meaning of this Ordinance, or are not in
reasonably good repair; or
(d)that the premises are unfit, and not reasonably capable of
being made fit, for human habitation.
(3) If the said arbitrators or umpire are satisfied by such evidence,
then the compensation shall
(a)in cases (a) and (b) in subsection (2) so far as it is based on
rental, be based on the rental which would have been
obtainable if the premises had not been occupied either as a
brothel, or as a gaming house or for any illegal purpose, or
had not been illegally overcrowded; and
(b)in case (c) in subsection (2) be based on the amount
estimated as the value of the premises if the nuisance had
been abated or if they had been put into reasonably good
repair, after deducting the estimated expense of abating the
nuisance, or of putting them into such repair, as the case may
be; and
(c) in case (d) in subsection (2) be based on the value
of the land, and of the materials of the buildings
thereon.
156. During the pendency of any proceedings before
the arbitrators, if either of them shall from any cause be
unable to act, his place, if fie is a person appointed by the
Governor, shall be filled by some other person so appointed,
and, if he is a person appointed by a claimant, shall be
filled by some other person so appointed.
Appeal to the Governor in Council.
15.7. (1) Whenever any person is dissatisfied with the exercise of the
discretion of any person to whom discretionary power is given under
this Ordinance in respect of any act, matter, or thing, which is by this
Ordinance made subject to the exercise of the discretion of such
authority, or with any action or decision of any such person either
as to the carrying out of or the meaning of any of the provisions
of this Ordinance, or whenever any of the provisions of this
Ordinance are, owing to special conditions, undesirable, the
person so dissatisfied may, unless proceedings have already been
taken before a magistrate in relation thereto, appeal to the
Governor in Council, who, if in his opinion the exercise of such
discretion or such action or decision requires modification,
revocation, or setting aside, or such special conditions exist as
render any such provision undesirable, may make such order in
respect thereof as may be just.
(2) The grounds of such appeal shall be concisely stated in
writing, and the appellant may, if he so desires, be present at the
hearing of such appeal and be heard in its support either by
himself or by his representative, and the Governor in Council
shall thereafter deterniine the matter in the absence of, and
without further reference to the Building Authority.
(,3) The Clerk of Councils shall give the appellant seven
days notice of the hearing of the appeal, and shall at the same
time furnish the appellant with a copy of the evidence and
documents submitted by the respondent for the consideration of
the Governor in Council.
(4) Notliing herein contained. shall be deemed to
prevent any person from applying to the Supreme Court for
a mandamus injunction, prohibition, or other order should
fie elect so to do, instead of appealing to the Governor in
Council under this section.
158. (1) In any appeal under the provisions of the preceding
section the Governor in Council may at any time in his discretion
direct a case to be stated for the opinion of the Full Court on any
question of law involved in any appeal submitted to him. The
terms of such case shall be agreed upon by the parties
concerned, or in the event
The Full Court shall bear and determine the question of law
arising on any case stated as aforesaid, and shall remit the matter
to the Governor in Council who shall give effect by order to the
finding of the court. 'Flie costs of such .hearing shall be in the
discretion of the court.
(2) Any party to the appeal shall be entitled to be heard
by counsel on the hearing of any case so stated.
(3) No proceedings by way of mandamus, injunction,
prohibition, or other order shall be taken against the
Governor in Council in respect of anything arising out of
this section.
159. Any order of the Governor in Council on any
appeal shall be final and may be enforced by the Supreme
Court as if it had been an order of that court.
Contraventions and Penalties.
160. Any act, failure, neglect, or omission whereby
any requirement or provisionof this Ordinance is
contravened, and every refusal to comply with any of such
requirements or provisions, shall be deemed a contravention
of this Ordinance.
161. Any person who as architect, engineer, clerk of
works, contractor, foreman, or workman is responsible,
either alone or jointly with others, for the existence of any
nuisance as defined by this Ordinance, and also the owner
occupier or tenant of any building or works on which any
such nuisance exists shall upon summary conviction be liable
to a fine of five hundred dollars, and to a further fine of
twenty dollars for every day that the nuisance remains
unabated.
162. Any person who refuses to obey the order of any
magistrate made under the provisions of this Ordinance, or
who, without reasonable excuse, refuses to permit the
Building Authority, or any officer deputed by such
Authority, to enter or inspect any building or works in the
performance of his duties under this Ordinance, and every
person who obstructs or hinders the Building Authority,
or such officer as aforesaid, in the execution of the powers
vested in him by this Ordinance or by any order of a
magistrate, shall upon summary conviction be liable to a
fine of five hundred dollars.
163. Any person who contravenes any of the provisions
of this Ordinance in respect of which contravention no
special penalty is otherwise provided shall upon summary
conviction be liable to a fine of five hundred dollars.
164. Where a contravention of any of the provisions of
this Ordinance is committed by any company, corporation
or firm, the secretary, manager, director or any partner
thereof may be summoned and shall be held liable for such
contravention and the consequences thereof.
165. Where proceedings under this Ordinance are
competent against several persons in respect of the joint act
or default of such persons, it shall be sufficient to proceed
against one or more of them without proceeding against the
others.
Special Powers of pzagistrate.
166. It shall be lawful for a magistrate in any case in
which it is proved to his satisfaction that any cockloft,
partition, or shop-division is not in accordance with the
provisions of this Ordinance, to order either in addition to
or in substitution for any penalty specified in this Ordinance,
the immediate demolition, removal, and destruction thereof
or of any portion thereof by any officer deputed by the
Building Authority and no compensation shall be payable
to any person in respect of any damage done thereto by
such demolition, removal and destruction.
167. (1) If admission to premises for any of the purposes of
this Ordinance is refused, any magistrate on complaint thereof
on oath by any officer authorized by this Ordinance to enter and
inspect premises (made after reasonable notice in writing of the
intention to make the same has been given to the person having
custody of the premises, if such person there be) may, by order
under his hand, require the person having the custody of the
premises to admit any officer entitled under this Ordinance to
inspect the same into the premises during the hours prescribed
by this Ordinance, and if no such person can be found the
magistrate shall, on oath before him of that fact by order under
his hand, authorize any such officer to enter the premises
during the prescribed hours.
(2) After a magistrate's order has been obtained under this section,
any officer authorized to inspect premises under this Ordinance may, if
necessary, break into the premises named in the order.
(3) Any order made by a magistrate under this section
shall continue in force until the nuisance has been abated
or the work for which the entry was necessary has been
done.
Regulations and forms.
168. The Governor in Council may by regulations amend,
add to or revoke the regulations and forms prescribed
hereunder.
Application, Exemptions and Savings.
169. The provisions of sections 128 to 132 and 137 so far
as they relate to authorized architects shall not apply in any
case in which the Building Authority shall so decide, and
the Governor in Council may direct the Building Authority
to prepare type-plans and may make regulations in regard
to such type-plans if approved, and domestic buildings may,
notwithstanding anything to the contrary in this Ordinance
contained, be erected in accordance with such type-plans
aiid regulations in any part of the Colony outside the City
of Victoria or Kowloon.
170 (1) Subject to subsection (3), sections 3 to 149 shall not apply
to any part of the New Territories except to New Kowloon, unless the
Governor in Council shall by order otherwise direct.
(2) Upon the application under the preceding subsection .of any
portion of the Ordinance to the New Territories any powers granted
thereby to, the Director of Public Works or the Building Authority and
any duties to be exercised thereunder by such officers shall be vested in
and carried out by the District Commissioner.
(3) Sections 101 to 103, 141, 148 and 149 shall be deemed to have
been applied to the New Territories under subsection (i): Provided that
in the application of section 102 to blasting in underground mining and
tunnelling in the
New Territories (other than New Kowloon) such section shall be limited
to a requirement that such precautions shall be taken as shall
effectively prevent any fragments from being projected in such manner
as to be dangerous.
(4) The Governor in Council shall have power by
order to amend the provisions of the preceding sub-
section.
171. (1) No legal liability whatever shall rest upon the Government or
upon any Government officer by reason of the fact that any buildings
or works other than Government buildings or works have been or may
hereafter be erected or carried out upon designs or plans or of type,
construction or materials consented to or approved of by the
Government or by any Government officer or by reason of the fact that
any such works or buildings are subject to the approval or inspection
of any Government officer.
(2) No matter or thing done by the Building Authority or by any
public officer or other person whomsoever acting under the direction of
the Building Authority shall, if it was done bona fide for the purpose
of executing this Ordinance, subject them or any of them personally to
any action, liability, claim or demand whatsoever : Provided that
nothing herein contained shall exempt any person from any proceeding
by way of mandamus injunction, prohibition, or other order unless it is
expressly so enacted.
(3) The provisions of section 17 of the Law Amendment
(Miscellaneous Provisions) Ordinance, shall apply to actions
or prosecutions commenced against the Building Authority
or any person acting under his direction or any public
officer or other person acting in his aid, for anything done
or intended to be done or omitted to be done under the
provisions of this Ordinance.
172 ' The provisions of this Ordinance with reference to the
construction of buildings and the carrying out of works shall not apply
in the case of buildings or works belonging to the Crown or to the
Colonial Government or upon any land vested in any person on behalf
of His Majesty's naval, military or air force services; but all the
provisions of this Ordinance in relation to hoardings, scaffoldings and
verandahs, balconies and areas on or over or into unleased
Crown land shall apply without exception to all buildings
throughout the Colony. .
173. Nothing contained in this Ordinance shall be held
to affect the right, which has hitherto been exercised by the
Government, of forbidding the erection in any part of the
Colony of buildings of a different character from those
previously existing on the same site. The Building Authority
shall have the power to refuse his approval of the plans of
any building which differs in design or character froni those
in the immediate neighbourhood.
174. (1) Nothing herein contained shall vary or affect the
rights or liabilities as between landlord and tenant under any
contract between them.
(2) Nothing herein contained shall be deerned to prevent or
limit the exercise by His Majesty of any powers of resumption
contained in any Crown lease.
SCHEDULE A. [ss. 128(2) & 168.]
Notice of intention to commence or resume any Building Works.
HONG KONG . .........19
To the Building Authority,
***********'**'*** hereby give you notice, pursuant to the Buildings
Ordinance, (Chapter 123 of the Revised Edition) of ......................
intention to commence (or resume) the following building works,
viz . ..........in accordance with the accompanying
plans, and that 1 have engaged .......1
Authorized Architect, to give general supervision in aiid throughout
the carrying out of such building works.
Particulars.
No. of Lot .................................................................................
Locality ..................................................................................
Name and number of street (if any) ..........................................
Width of street (if any) upon which building fronts .....................
Purpose for which it is intended to use the building .....................
Name * and *a' address 's' * of * owner
Name and address of the authorized agent of owner (if any) .........
ignature of owner or authorized agent) ....................................
(Statement of capacity in which the party signs) :
(For Schedule B see volume of regulations, Chapter 123.)
SCHEDULE G. ss. 128(6) & 168]
Certificate of Stability of Existing Buildings.
HONG KONG .
.................................. 19
I hereby certify that I have inspected the building known as
....................: ...........Lot No . and
that in my opinion it is capable of bearing the weight and stresses
of the repairs, demolition, alterations or additions proposed to be
made in accordance with the plan submitted herewith, and of any
additional weight or stress which in consequence of such repairs,
demolition, alterations or additions may be imposed upon it.
................
Authorized Architect.
The Building Authority.
SCHEDULE D. [ss. 131 & 1681
Certificate of completion of Repairs, Demolition, Alterations
or Additions.
HONG KONG . .........1 19
.................................... Authorized Architect hereby certify
that the repairs, demolition, alterations or additions to the building
known as ..........on .....Lot No .
Section ..have been completed in accordance with the plans
approved by the Building Authority in the Buildings Ordinance file
Ref. No . ........................................................................
..............
Authorized Architect.
SCHEDULE E. [ss. 48 & 1681
Undertaking with regard to verandah (or balcony) to be erected
on or over Crown land.
.........hereby agree in consideration of being permitted by His
Excellency the Governor to erect a verandah (or balcony) over
unleased Crown land adjoining house No . on
Lot No .
1. That during the construction of the said verandah (or
balcony will in no way deviate from the plans and
drawings thereof supplied, signed by and deposited
in the office of the Building Authority.
2. That ......will always keep the said verandah (or
balcony) in good order and repair and will colourwash, paint and
cleanse the same and will keep clean the footpath underneath the
same whenever required by the Building Authority to do so and will
not use or permit to be used any portion of the structure for the
display of advertisements other than the name or names of the
occupiers, together with such appropriate business descriptions as
are necessary for the purpose of identification.
3. That ...will always give free ingress to the
Building Authority or any officer authorized by such Authority to
enter the premises and examine the verandah (or balcony).
4. That should the land on or over which such verandah (or balcony), is to
be erected be, at any future time, required by the Government for any public
work, improvement, or other public
purpose ........ hereby undertake on receipt of a notice in
writing from the Building Authority to remove at own
expense the whole of the structure within a period of three months
from the date of such notice, and without making any claim for
compensation on the Government for such removal.
5. That in the event of ..............Street being hereafter
raised or lowered ....................hereby undertake on receipt of a
notice in writing signed by the Building Authority to raise or lower
within a period of three months from the date of such notice and at
....1 ........own expense the whole of the ground floor surfaces
to such levels as shall be determined by the Building Authority and
.....................further undertake to make no claim for compensation
on the Government in respect of such raising, or lowering.
6. That .....undertake to take down at
own expenses such portions of party or party-fence
walls and other structures as may be. necessary to open up a
scavenging lane, when called upon to do so and as required by the
Building Authority, and that no claim for compensation in respect
thereof shall be made.
7. That will always comply with all regulations
from time to time in force relating to verandahs and balconies.
8. And that this agreement shall be binding also on ............... executors,
administrators and assigns.
Dated the ..............day of 19
Witness to signature.
.................
Signature of owner of Lot No . ............
SCHEDULE F. [ss. 48 & 1681
Undertaking with regard to areas for the admission of light and air
into basements to be constructed on unleased Crown land.
******'***'**'* hereby agree in consideration of being permitted by
His Excellency the Governor to construct as an encroachment on unleased
Crown land the following works.--
......................................
......................................
adjoining house No . .....on Lot No .
1. That ....will in no way deviate from the plans and
drawings of such works supplied, signed by and
deposited in the office of the Building Authority.
2. That ............................will keep the whole of the said works in
good repair, and not permit the accumulation of rubbish therein or
the use thereof for storage purposes, or as a smokehole or in any
way other than as a channel for the admission of light and air.
3. That ............................will always give free ingrees to the Build-
ing Authority or any officer authorized by such Authority, to enter
the premises for the purpose of inspection.
4. That should the land occupied by such works be at any time required
by the Government for any public work, improvement or
other public purpose .................hereby undertake, on receipt of
a notice in writing from the Building Authority, to remove at
---* * * ... ._ own expense the whole of such works within a period three
months from the date of such notice and without making any claim for
compensation on the Government for such removal.
5. That ............................will always comply with all regulations
from time to time in force relating to areas. .
6. And that this agreement shall be binding on .................. executors,
administrators and assigns.
Dated the .day of ......1 19
Witness to signature.
Sig Signature re of owner of L ot .......
(For Schedules G, H & J see Regulations volume, Chapter 123.)
SCHEDULE K. [ss. 137 & 168.
Certificate with regard to compliance with Ordinance.
HONG KONG . ..................19
............................................. Authorized
Architect, hereby
certify that the new building, viz.: .............................................
.............
on Lot No. . ........See . comply/complies
in the provisions and requirements of the Build-
ings Ordinance, (Chapter 123 of the Revised Edition) (including all
regulations and by-laws made thereunder), and is structurally safe.
1 therefore request that a written permit to occupy such building may
now be granted to ................................................
.......................................
the registered owner of this/these buildings as required by section 137
of the said Ordinance.
.
.
'Authorized Architect.
To
'The Building Authority.
(For Schedules L and M see volume of regulations, Chapter 123.)
SCHEDULE N. [ss. 143 & 168.]
Notice to abate a building nuisance.
No . ............
OFFICE OF THE BUILDING
AUTHORITY,
HONG KONG . 19
To A.B.,
It has been brought to my attention that a nuisance exists
........................ your Lot No .
..........................situated 1 1 viz.:-
which contravenes section of the Buildings Ordinance,
(Chapter 123 of the Revised Edition). I have therefore to give you
notice under the said Ordinance to abate the nuisance within a
period expiring on .....................................................................
............. by
.............
(Signed) ........
Building Authority.
SCHEDULE 0. [s. 78]
DIAGRAM 1.
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18 of 1935. 50 of 1935. 19 of 1936. 58 of 1936. 27 of 1940. 12 of 1941. 29 of 1949. 37 of 1950. Short title. Interpretation. 37 of 1950, Schedule. 58 of 1936, s. 2. 58 of 1936, s. 3. [s. 2 cont.] [s. 2 cont.] [s. 2 cont.] Hoarding and safety platforms, scaffolding, etc. 58 of 1936, s. 6. [s. 3 cont.] Authorized building materials. Construction of walls regulated. Thickness of external and party walls. [s. 6 cont.] Sec. 6 to apply to walls hereafter erected or re-erected. Limitation of length and height etc. of walls. Thickness of cross walls to be two-thirds that of main walls. Thickness of partition walls. Damp-proof courses to be provided. [s. 11 cont.] Construction of foundations. Retaining walls. Construction of boundary or enclosure walls. Party walls to be carried up above roof. Openings through party or external walls etc. Lath and plaster walls prohibited. Bonding of walls of domestic buildings. Bearings of bressummers and lintels. Impermeable floors to be provided. [s. 20 cont.] Repairs to impermeable material over ground surface. Saving. Level of the ground floor to be above level of ground outside. Distance between floor timbers of contiguous buildings. Floors to rest on corbels of brick or stone-work. Ventilation under boarded floors in the lowest story. Wooden floors to be water-tight. Cement skirtings required. Space to be left between floors. Height of storeys in certain buildings. Certain spaces not to be used for habitation. Rules as to cocklofts. 58 of 1936, s. 7. Rules as to construction of staircases. 58 of 1936, s. 8. [s. 33 cont.] Lifts etc. 19 of 1936, s. 2. Fire escapes for stroeys exceeding 35 feet above street level. Ceilings prohibited. Corbels to be of stone or brick. Covering of roof to be of incombustible material. Space between timbers of contiguous buildings. Structures on roofs prohibited. Roofs to rest upon brick or stone-work. Eaves-gutters. And rain-water down-pipes to be provided. Bond timbers or wood-plates not to be built into walls. Timber or wood-work near flue or chimney-opening prohibited. Limitation of projections. [s. 45 cont.] Mouldings shutters and other projections. Projections into public thoroughfares prohibited. Proviso in case of public buildings. Encroachments over streets regulations. Forms. Schedules. E and F. Regulations. Schedules G and H. Balconies forbidden in streets less than 25 feet wide. Verandahs or balconies forbidden when the building exceeds in height the width of the street. Height and projection of verandahs and balconies. Building Authority to determine width of street. Verancahs and balconies not to be inclosed. [s. 53 cont.] Kitchen accommodation to be provided in domestic buildings. Limitation of extent of kitchens in tenement houses. Construction of chimneys or fire-places. Fireplaces adapted for use of charcoal or wood to have hoods. Floors under oven, stove, or fireplace to be incombustible. Chimneys not to be fixed near wood-work. Thickness and height of chimney above roof. [s. 60 cont.] Corbelling and foundations of chimneys regulated. Thickness of back of chimney-opening. Windows in storeys required. Limitation of depth of buildings. Measurement of depth of a building. Determination of front and rear. Every room to be provided with skylight or window. Obstruction of windows in tenement houses. 58 of 1936, s. 9. Open space between new building and hill-side. Subsoil drainage of such open spaces. Structures in areas prohibited. Provision of open spaces and access lanes for domestic buildings. [s. 72 cont.] Alteration of open space. Access lanes for non-domestic buildings. Meaning of re-erection. 58 of 1936, s. 10. Means of access to open spaces. Limitation of height of buildings. Method of determining height of buildings. [s. 78 cont.] Schedule O. Construction and dimensions of latrines. Pail latrines. Ventilation and internal rendering of latrines. Construction of floor of latrines. Latrines not to be connected with drain. [s. 83 cont.] Direct connexion of water service with latrines etc. prohibitioned. Separate dwellings and exceptional buildings to have adequate latrines or water-closets. Subsoil drains to be provided when required. Drains to be provided in new buildings. Drainage works to be carried out by persons approved by Building authority. Drains in existing buildings to be amended or reconstructed if defective. Drainage Regulations. Schedule. J. Groups of buildings to be drained in combination if required by Building Authority. Owner's liabilities as to drains. Suspected drains to be opened by an officer of the Building Authority. Private drains. Drain connections with main sewers to be regulated by Director of Public Works. Building over drains, etc. Nullahs. Powers of Director of Public Works. Interference with any drain, nullah, catch-water of water-channel prohibited. Wells for flushing. Timber stores to be inclosed. Inflammable structures not to be erected without permission and prohibited within gathering ground of a public reservoir. Regulations Schedule L. [s. 101 cont.] Precautions to be adopted when blasting. Regulations as to earth cutting etc. Schedule M. 50 of 1935, s. 5. New private streets to be approved by Building Authority. Width of new private streets. Space in front of new buildings in private lanes. Obstruction of street by buildings prohibited. [s. 107 cont.] Construction maintenance and lighting of private streets. Power to stop or direct traffic. Definitions of 'adjoining owner' and 'building owner' Provisions for buildings adjoining unbuilt-on land. [s. 110 cont.] Rights of building owner in relation to party structures, etc. [s. 111 cont.] Existing prior buildings. Requirements of adjoining owner in relation to party structures. Differences between building owner and adjoining owner. Notice to be given by building owner before work commences. [s. 113 cont.] Differences between building owner and adjoining owner. [s. 114 cont.] Right of entry of building owner. Under-pinning or strengthening of foundations of adjoining building. Adjoining owner may require security to be given for payment of expenses and counter requisition by building owner. [s. 117 cont.] Expenses to be borne jointly by building owner and adjoining owner. Expenses to be borne by the building owner. [s. 119 cont.] Proportion of expenses which may be borne by adjoining owner. Statement of expenses to be submitted by building owner. Difference between building owner and adjoining owner as to expenses. Failure by adjoining owner to express dissatisfaction to be deemed acceptance. Adjoining owner failing to contribute, building owner to become sole owner. Adjoining owner liable for expenses incurred on his requisition. Other easements and rights in regard to party structures preserved. List of authorized architects. [s. 127 cont.] 29 of 1949, s. 2. [cf. 21 & 22 Geo. 5, c. 33, s. 7.] 29 of 1949, s. 2. 29 of 1949, s. 2. Consent of building authority required in connexion with all new works. Procedure, Schedule A. Plans to be submitted. [s. 128 cont.] Block plan. Exceptional buildings. Schedule B. Regulations. Certificate or authorized architect required before repairs & c. to existing building Schedule c. 58 of 1936, s. 4. Vacation of building endangered by works. 58 of 1936, s. 4. [s. 128 cont.] Building Authority to notify if plans are not regular. Amendment of plans. Notice of commencement or resumption or works. Schedule A. [s. 128 cont.] Plans to be available for inspection but latter not obligatory. Procedure in case of emergency. Authorized architect to exercise supervision and give certificate, Form Schedule D. 58 of 1936, s. 5. Adequate supervision by authorized architects. Penalty for failure to exercise adequate supervision. Misrepresentation in plans, certificates or notices and deviation therefrom. [s. 132 cont.] Power of magistrate to require compliance with Ordinance. Exceptional building defined. Necessity for special approval. Power to make regulations relating to exceptional buildings. Regulations, Schedule B. Buildings in districts outside the City of Victoria or Kowloon. Occupation of new building without a certificate prohibited. Form Schedule K. 12 of 1941, s. 2. [s. 137 cont.] shoring and fencing of dangerous building. Taking down dangerous building. Shoring or taking down dangerous building at cost of owner. Procedure in cases of emergency. Powers of magistrate in case of dangerous building. [s. 141 cont.] 58 of 1936, s. 11. Building nuisances defined. Notice to abate building nuisance. 12 of 1941, s. 3. Form Schedule. N. Magistrate's order empowering abatement of nuisance. Recovery of expenses of abatement of nuisance by sale of materials. Distress in case of non-payment of expenses. Saving of other remedies for nuisances. Power to enter and inspect buildings. Openings in building may be made. Method of service of notice, summons or order. Power of Building Authority to grant modification or exemption in certain cases. 58 of 1936, s. 12. [s. 150 cont.] Breath of condition of modification or exemption. Registration of modification and cancellation thereof. Submission of claim. Appointment of arbitrators. Principles on which compensation to be based. (Cap. 116.) Evidence to be received. [s. 155 cont.] Effect of such evidence on compensation. Vacancies among arbitrators. Appeal to Governor in Council against decision or any person entrusted with powers under the Ordinance. Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law. [s. 158 cont.] order of Governor in Council enforced by the court. Contraventions. Penalty for building nuisance. Penalty for refusing to obey magistrate's order or for obstructing Building Authority. Penalty for other contraventions. Liability of secretary or manager of company. Proceedings against several persons. Power of magistrate to order removal of illegal structures. Power of magistrate to authorize officer to enter and inspect premises. [s. 167 cont.] Power to amend regulations and forms. Type-plans. Application to New Territories, etc. 37 of 1950, Schedule. G.N. 529/38. G.N. 4/39. G.N.A. 180/50. G.N. 334/39. Limitation of public liability. (Cap. 23.) Government buildings and works exempt. [s. 172 cont.] Existing rights of the Government to regulate type of buildings to be erected preserved 37 of 1950, Schedule. Savings. 58 of 1936, s. 13. 58 of 1936, s. 14. 58 of 1936, s. 15. [Schedule E cont.] 58 of 1936, s. 16.