INDEX – CHAPTER 1
| Appeals …………………………. | 3 | Powers of officials …………. | 3 and5 |
| Approval of work …………… | 13 | Responsibility for work ………….. | 13 |
| Adoption ……………………………………… | 11 | ||
| conflict with other by-laws ………… | 9 | section 71…………………….. | 5 |
| interpretation………………………………… | 15 | section 79………………………….. | 4 |
| other relevant ……………………………. | 10 | section 137…………………………….. | 3 |
| Definitions ……………………………. | 2 and 16 | Sewer protection…………………… | 8 |
| Urban Councils Act | |||
| Departures from by-laws………………. | 12 | section 93……………………….. | 3 |
| Drain protection……………………. | 8 | section 128 ……………………… | 8 |
| Fees, charges, tariffs, deposits……….. | 4 | section 172 ……………………….. | 4 |
| section 173……………………….. | 5 | ||
| Interpretation Act section 34……………. | 7 | section 183 ……………………… | 9 |
| Interpretation of terms | 2 and 16 | sections 266 and 267 ………………….. | 6 |
| Notices…………………………………………… | 7 | Variations from by-laws……………. | 12 |
Chapter1. Introduction
Arrangement of Sections.
PRELIMINARY
Section
- Nature of Chapter 1
Part 1
Provisions in Acts which are Relevant to the Application of these bylaws.
2.Definitions in the Urban Councils Act [Chapter 214]
3. Delegation of Authority
4. Fixing of Charges
5.Right of Entry
6. Offences and penalties
7. Service of notices and orders
8.Protection of Public sewers and drains
9. Conflict between these by-laws and other by-laws.
Part II
Guide To Model Building By-Laws as a whole.
10.Effect of chapters
11. Force and effect: adoption
12.Variations
13. Responsibility for building and sewerage work.
Part III
AIDS TO INTEPRETATION
14. Division of provisions within chapters
15. Arrangement within chapters.
16. Definitions.
Nature of Chapter 1
1. The provision of this chapter are not intended to have any legal force and effect, but may be regarded as consulting
- a guide to some of the other legislation relating to the Model Building By-Laws, 1977; and
- a guide to the Model Building By-Laws, 1977, as a whole; and
- an aid to the construction and interpretation of the Model Building By-Laws,1977
Part 1
Provisions in Acts which are Relevant to the Application of these bylaws.
2. Definitions in the Urban Councils Act
[Chapter 214]
The following terms are defined in the Urban Councils Act [Chapter 214] in the manner here indicated, and such terms have the meaning so indicated throughout these by-laws, whether these by laws are adopted by an urban council or rural council
“combined private sewer” means a sewer, exclusive of the soil pipes, waste pipes and vent pipes, for the purpose of conveying to a public sewer or a conserving tank or other receptacle the sewage from two or ore private, and includes all other things necessary in connection therewith;
“conserving tank” means any covered tank without overflow which
is used for the reception and temporary retention of sewage; and
requires empting at intervals;
“construction”, in relation to a building, includes the alteration, subdivision, conversion or reconstruction of, or the addition to, a building;
“private drain” means a conduit for the conveyance of storm water or any surface, subsoil or spring water from one premise to a public drain:
“private sewer” means a sewer, exclusive of waste pipes, soil pipes and vent pipes, for the purpose of conveying to a combined private sewer, a public sewer of conserving tank or other receptacle the sewage from one premise, and includes all other things necessary in connection therewith;
“public drain” means a conduit vested in or under the control of or used by a municipality or town for the conveyance of storm water or any surface, subsoil or spring water, and includes all other things necessary in connection therewith;
“public sewer” means a sewer vested in or under the control of a municipality or town into which is discharged or intended to be discharged the sewage from private sewers or combined private sewers, and includes pipes, manholes, chambers, ventilation shafts, ejectors , sluices and all other things necessary in connection therewith;
“sanitary fitting” means any water-closet, urinal, bidet, slop-sink, bath, wash basin, sink, shower or other fitting of like a nature from which soil water or waste water is disposed of into a soil-pipe or waste pipe, as the case may be:
“sewage” includes trade effluent
‘sewage works” includes reservoirs, tanks, strainers, filter-beds, ponds, engines, pumps, machinery, buildings, lands and all other works and things except public sewers which are necessary for the treatment and disposal of sewage;
“storm water” means all flow of water directly due to rainfall before such water joins a public stream;
“trade effluent” means any liquid, with or without particles of matter suspended therein, which is produced either wholly or in part or results from or has been or was intended to be used in any trade or business or commercial, manufacturing or industrial process;
“water main” includes any conduit, pipeline, valve, valve-chamber, meter, meter-chamber or house, break-pressure tank, scour pipe or scour-chamber which
in vested in, under the control of or used by a municipality or town; and
is used for the conveyances and control of water supplied for the municipality or town.
and includes all other things necessary in connexion therewith.
3. DELEGATION OF AUTHORITY.
Attention is drawn to section 93 of the Urban Councils Act [Chapter 214] and to section 137 of the Rural Councils Act [Chapter 211] which enable local authorities to delegate of their powers to employees in the following terms-
section of the Urban Councils Act[Chapter 214]
93 (1) A council or an executive committee, with the approval of the council may delegate, subject to such conditions as it may impose, to an employee of the council such of the powers vested in it by or under this Act or any other law as it considers to be necessary or desirable and may in like manner amend or withdraw any such delegation:
provided that-
(i.) the council or executive committee shall not delegate to an employee the powers conferred by any Act, other than this Act, or any statutory instrument made under such other Act upon the council, unless the proposed delegation has been approved by appropriate Minister responsible for the administration of the Act concerned in its application to the council area and any conditions fixed by that Minister in granting his approval are complied with;
(ii.) the council shall not delegate to an employee any powers which it has delegated to the executive committee;
(iii.) the council or executive committee shall not delegate to an employee any power conferred by model building by-laws which have been adopted by or on behalf of the council, to grant a relaxation or waiver referred to in sub-paragraph(2) of paragraph 23 of the Third Schedule, unless the by-law concerned expressly provides that the power may be delegated to such employee;
(iv.) no powers specified in subsection (2) of the section sixty-seven or in subsection (2) shall be delegated to an employee;
(v.) the amendment or withdrawal of any delegation shall not invalidate anything done in pursuance of a decision lawfully taken by the employee before the date of such amendment or withdrawal’
(2) Any person who feels aggrieved by decision of an employee acting under powers delegated to him in terms of the subsection (1) shall have the right to bring the matter in writing to the attention of the appropriate head of department in the first instance and, failing satisfaction, to the council through the town clerk for examination.
(3) The delegation in terms of subsection (1) not any powers to an employee shall not preclude the council or executive committee, as the case may be, from itself exercising the powers so delegated and the council or executive committee may amend or rescind any decision of an employee in the exercise of the powers so delegated to him.
Section 137 of the Rural Councils Act [CHAPTER 211]
137 The council may by resolution delegate, either absolutely or conditionally, to such officers or servants as may be specified in such resolution any powers of the council except powers to make by-laws, levy any impost, fix any charge or tariff or borrow any money.
4. FIXING OF CHARGES.
Attention is drawn to section 172 of the Urban Councils Act[Chapter 214] and to section 79 of the Rural Councils Act [Chapter 211] which enable local authorities to fix and levy charges by resolution in the following terms-
Section 172 of the Urban Councils Act [Chapter 214]
172.(1) A council may, by resolution passed by a majority of the total membership of the council-
a) fix tariffs or charges for-
(i) the supply of electricity or water or refuse removal services; or
(ii) the conveyance of sewage or trade effluent in public sewers and its treatment at a sewage treatment works; or
(iii) any other services which a council may provide in terms of this Act;
(b) fix charges to be payable in respect of certificates, licences or permits issued, inspections carried out, services rendered or any act, matter or thing done by the council in terms of this Act;
(c) fix deposits to be paid in connexion with any services provided by the council in terms of this Act.
(2) Before any tariffs, charges or deposits fixed in terms of subsection (1) come into operation-
(a) a statement setting out the proposed tariff charges or deposits and any existing tariffs, charges or deposits for the same matters shall-
(i) be advertised in two issues of a newspaper; and
(ii) be posted at the office of the council for a period of not less than thirty days from the date of the the first advertisement in the newspaper; and
(b) if the tariff relates to charges for the supply of electricity, a statement setting out the proposed tariffs shall be submitted to the Electricity Council constituted in terms of the Electricity Act[Chapter 282]
(3) If a statement has been –
(a) advertised in terms of paragraph (a) of subsection (2) and within the period of thirty days referred to in that paragraph objections to the proposed tariffs, charges or deposits are lodged-
(i) by thirty or more persons who are voters or who are users of the service to which the tariff, charge or deposit relates ; or
(ii)where there are less than thirty such users of the service concerned, by not less than fifty per centum of the number of such users;
such tariffs, charges or deposits shall be reconsidered by the council, together with the objections so lodged, and they shall not come into operation unless the resolution is again passed by a majority of the total membership of the council;
(b) submitted to the Electricity Council in terms of paragraph (b) of subsection (2) and, within a period of sixty days from the date it is so submitted, the Electricity Council lodges any objection to the proposed tariff, that proposed tariff shall not come into operation unless the Minister consents thereto.
(4) the notice to councillors of any meeting at which the proposed tariffs, charges or deposits are to be reconsidered for the purposes of subsection(3) shall contain a copy of all objections lodged in terms of paragraph (a) of subsection (3).
(5) a resolution in terms of this section relating to any tariffs, charges or deposits which are provided for in any by-law shall not have the effect of introducing new tariffs, charges or deposits until the by-law concerned has been repealed or amended, as the case may be:
provided that the provisions of this subsection shall not apply in relation to the introduction of a special water tariff which is introduced to have effect during a period of a water shortage’
Section 79 of the Rural Council’s Act[chapter 211]
- (1) A council may, by resolution passed by a majority of the whole number the councillors thereof, levy charges for services rendered, registration certificates or licenses issued, inspections carried out or any other matter for which by-laws may be ,made in terms of the Third Schedule.
(2) before any such charges come into operation, a statement setting out the proposed charges and any existing charges for the same matters shall, for a period of not less than thirty days, be posted in the manner in which notices are usually posted in the council area and published in newspaper circulating in the neighbourhood.
(3) if, during the said period of thirty days, thirty or more voters lodge objections to the proposed charges, such charges shall be reconsidered by the council together with such objections and shall not come into operation unless passed by a majority of the whole number of the councillors thereof. The notice to councillors of any meeting at which such charges are to be considered shall contain a copy of such objections.
(4) Where such charges are in respect of a designated area, they shall-
(a) be considered by town board prior to the publication in terms of subsection (2); and
(b) if there are any objections thereto lodged in terms of subsection(3), be reconsidered by the town board together with such objections; and
(c) be recommended to the council if passed by a majority of the whole number of councillors for the town board following such consideration and as the case may be, reconsideration;
and on receipt of such recommendation the council shall be deemed to have passed in terms of subsection (1) a resolution to levy such charges for such designated area in accordance with such recommendation.
(5) No resolution made in terms of this section varying any charges which are provided in any by-law shall come into effect until such by-law has been repealed.
5. RIGHT OF ENTRY.
Attention is drawn to section 173 of the Urban Councils Act [Chapter 241] and to section 71 of the Rural Councils Act [Chapter 211] which authorize the local authorities, their officers, employees and contractors to go on to land and to enter premises in the following terms-
Section 173 of the Urban Councils Act [Chapter214]
- (1) Subject to provisions of this section, a council-
(a) may place any water main, public drain, electricity transmission line or public sewer, together with any works necessary to and used in connexion with such water main, public drain electricity line or public sewer, whether above or below the ground, into, out of, along or across any land, including any road, other than land is within or outside the council area; and
(b) shall, through its employees or contractors, together with any assistants and advisers that may be necessary, have access to or over any property by the shortest and most practicable route reasonable in the circumstances for the purposes of-
(i) doing anything authorized or required to be done by the council in terms of this Act or any other law, including the placing of any water water main, public drain, electricity transmission line or public sewer;
(ii) inspecting, examining, testing, repairing, renewing, maintaining and cleaning any property of the council, including any water main, public drain, electricity transmission line or public sewer;
(iii) inquiring into and investigating the sustainability of immovable property for any work, scheme or undertaking of the council, and in making any necessary survey or valuation in connexion therewith;
(iv) ascertaining whether-
A. there exists any nuisance or
B. there is or has been a contravention of the provisions of this Act or any other law, responsibility for the administration of which is vested in council;
(v) ensuring compliance with the provisions of this Act or any other law, responsibility for the administration of which is vested in the council.
(2) The exercise by the council of any of the powers referred to in subsection(1) shall be subject to the provisions of this Act and of any other law regulating or controlling the rights of the council in that regard.
(3) Where it is proposed that the powers referred to in subsection(1) should be exercised over or under any road which is not vested in or maintained by the council, the council, before commencing any such work, shall consult the appropriate road authority as defined in the Roads and Road Traffic Act [Chapter263] and shall comply with any reasonable requirements of that road authority.
(4) Before exercising any powers referred to in subsection(1) the council shall give reasonable notice-
a) to the owner or occupier of the property concerned of the intention to enter into or upon any building or land by notifying the occupier personally or post or by giving notice to the owner at his last usual or last known place of abode or business personally or by post;
Provided that, in the case of work which is required to be executed urgently, or the reading of meters, it shall not be necessary for the council to give the notice required by this subsection;
b) in the case of land within the area of another local authority, to that other local authority
(5) No person shall be subjected to entry of his dwelling house without his consent, except at reasonable times and to the extent that such entry necessary-
a) for matters referred to in the provision to paragraph (a) of subsection (4); or
b) in the interests of town and country planning; or
c) for the purpose of the valuation of dwelling-house in connexion with any rate; or
d) to enable the council to carry out work connected with any of its property which is lawfully in that dwelling-house
(6) A person who is authorized in terms of this section to enter any land may take him such persons, animals, vehicles, appliances and other things as he may consider necessary for the performance of his duties
(7) Upon the completion of any works performed in the exercise of the powers conferred by this section on the property of any person, the council shall promptly restore the surface of the land, road or other place upon which the work was carried out as nearly as reasonably possible to the same condition as it was before the commencement of the work, and in carrying out the work the council shall do as little damage as reasonably possible to such land, road or other place.
(8) The council shall pay compensation to any person who suffers loss or deprivation of rights by exercise of the powers conferred by this section and the provision of Parts I and IV of the Land Acquisition Act[Chapter 144] shall, mutatis mutandis, apply to the payment of such compensation:
Provided that any reference in Part IV of that Act to the date of the publication of a preliminary notice the Gazette shall be read and construed as a reference to the date of the exercise of the powers referred to in this subsection.
Section 71 of the Rural Councils Act [Chapter211]
- Any officer or other employee of the council duly authorized for the purpose by the council may at all reasonable times enter any premises within the area of the council for the purpose of any inspection or inquiry, or the execution of any duty, carried out in terms of this Act:
Provided that no such entry may be made into a dwelling-house unless it is necessary-
a) for the enforcement of this Act where there a reasonable grounds to suspect that an offence against this Act has been, is being; or is about to be committed in such dwelling-house, or that a person who has committed such an offence, or evidence relating to such an offence, is to be found therein; or
b) otherwise in the interests of public health or public safety; or
c) to enable the council to carry out work connected with any property of the council which is lawfully in such dwelling-house; or
d) for the purpose of the valuation of such dwelling-house connexion with any import levied or to be levied in terms of this Act
6. OFFENCES AND PENALTIES.
Attention is drawn to sections 266 and 267 of the Urban Councils Act [Chapter214] and to sections 142 and 143 of the Rural Councils Act [Chapter 211] which prescribe offences and penalties which, consequent upon the definition of “this Act” in subsection (1) of section 3 of the Interpretation Act [Chapter 1] apply not only to the relevant Acts, but also to all by-laws made in terms of those Acts.
Sections 266 and 267 of the Urban Councils Act, [Chapter 214]
- Where-
a) any matter or thing is, by or in terms of this Act or any order or notice made or given under the authority thereof, directed or forbidden to be done; or
b) any authority is given by or in terms of this Act to a council or any person to direct any matter or thing to be done or to forbid any matter;
and such act so directed to be done remains undone, or such act so forbidden to be done is done, then in every such case every person so offending against such direction or prohibition shall be guilty of an offence.(1) Any person guilty of an offence in terms of this Act shall, unless other provision is made in this Act, be liable for every offence to a fine not exceeding one hundred dollars or, in case of a continuing offence, a fine not exceeding four dollars for every day during which the offence continues.
(2) On the conviction of any person of any offence such as is referred to in subsection
(I) shall not be a bar to further prosecution or prosecutions for a continuation of the offence.
Sections 142 and 143 of the Rural Councils Act (Chapter 211)
142 Where—(a) any matter or thing is by this Act or by any order or notice made and published under the authority thereof directed or forbidden to be done; or
(b) any authority is given by this Act to any person to direct or request any matter or thing to be done, or to forbid any matter or thing to be done; and such act so directed or requested to be done remains undone, or such act so forbidden to be done Is done, then in every such case every person so offending against such direction or prohibition shall be guilty of an offence.
143. (I) Any person guilty of an offence in terms of this Act shall, unless other provision is made in this Act, be liable for every offence to a fine not exceeding one hundred dollars or, In the case of a continuing offence, a fine not exceeding four dollars for every day during which the offence continues.
(1) the court may, on the application of the council or the prosecutor acting on the application of the council or the prosecutor acting on the instructions of the council and in addition to any other penalty which it may impose, give summary judgement in favor of the council for an amount not exceeding the amount of any loss caused to the council by the commission of the offence, and such judgement shall have the same force and effect and be executed in the same manner as if it had been given in a civil action duly instituted in the said court:
Provided that nothing in this subsection shall be deemed to affect the jurisdiction of the said court conferred by any other law.
(3) On the hearing of any application made in terms of subsection (2) the court may refer to the proceedings and evidence at the trial and may hear such further evidence as may be tendered by the prosecutor and the person convicted.
7. SERVICES OF ORDERS AND NOTICES.
Attention is drawn to section 34 of the Interpretation Act [Chapter 1], which provides for the manner in which all notices and orders referred to in these model by-laws may be served-
Section 34 of the Interpretation Act [Chapter 1]
34.(1) Where an enactment authorizes or required a document to be served by post, and where the word “serve” or any of the words “give”, “deliver” or “send” or any other word is used, the service of the document may be effected by preparing, registering and posting an envelope addressed to the person on whom the document is to be served at his usual or last known place of abode or business, and containing such document, and, unless the contrary is proved, the document shall be deemed to have been served at the time at which such envelope would have been delivered in ordinary course of post.
(2) Where an enactment authorizes or requires a document to be served on any person without directing it to be served in a particular manner, the service of that document may be effected either-
a) by personal service;
b) by post in accordance with subsection (1);
c) by leaving it for him with some person apparently over the age of sixteen years at his usual or last-known place of abode or business;
d) in the case of a corporate body, or an association of persons whether incorporated or not, by delivering it to a director, the secretary or clerk of the body or association, or serving it by post on such director, secretary or clerk at such office; or
e) if it is not practicable, after reasonable inquiring, to discover the name or address of an owner, lessees or occupier of premises on whom the document should be served, by addressing the document to him by the description of owner or lessee or occupier of the premises(naming them) to which the document refers and by delivering it to the some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
8. PROTECTION OF PUBLIC SEWERS AND DRAINS.
Attention is drawn to section 128 of the Urban Councils Act[Chapter 214] which deals with the protection of public sewers and public drains. This section is published in this chapter for guidance purposes and in the case of any doubt the local authority should be consulted.
Section 128 of the Urban Councils Act [Chapter 214].
128. (1) No person shall, except with the consent of the council and subject to such conditions as it may impose-
a) construct any building or other structure over a public sewer or public drain or in such a position or in such a manner as to be likely to interfere with or endanger a public sewer or public drain; or
b) excavate, open up or remove the ground above, next to, under or near a public sewer or public drain; or
c) discharge or put into or permit to enter a public sewer or public drain any solid, liquid or gaseous substance which the council, by notice in writing to the person concerned, has prohibited from being discharged into that sewer or drain on the grounds that it is likely to injure or damage that sewer or drain, interfere with the free flow of sewage or drain, interfere with the free flow of sewage or storm-water or cause a nuisance or involve danger to the health of persons entering that sewer or drain or employed at the sewage works or to endanger, destroy or be injurious to the structure of any public sewer, public drain, sewage works or land or to the process used therein or thereon; or
d) discharge or put into or permit to enter a public sewer any storm-water; or
e) discharge or put into or permit to enter a public drain any sewage; or
f) make any opening into a public sewer or public drain; or
g) take any action which might injure, endanger or destroy a public sewer or public drain.
(2) The council may-
a) demolish, alter or otherwise deal with any building or other structure constructed in contravention of the provisions of subsection(1);
b) fill in or make good any ground excavated or removed in contravention of the provisions of subsection(1);
c) repair and make good any damage done in contravention of, or occasioned as a result of a contravention of, the provisions of subsection(1);
d) remove anything discharged or put into public sewer or public drain in contravention of the provisions of subsection(1) or which is injuring or endangering or likely to injure or endanger or destroy the public sewer or public drain;
and recover the expenses incurred by the council from the person guilty of such contravention.
(3) Where any person discharges or puts into or permits to enter a public sewer or public drain any solid, liquid or gaseous substance which is prohibited in by-laws, the council may recover the expenses incurred in-
a) removing; and
b) repairing and making good any damage done by; anything so discharged or put into permitted to enter a public sewer or public drain.
9. CONFLICT BETWEEN THESE BYLAWS AND OTHER BYLAWS.
Attention is drawn to subsection (10) of section 183 of the Urban Councils Act [Chapter214] setting out the legal position where there is any conflict or inconsistency between these by-laws and other by-laws.
Subsection (10) of section 183 of the Urban Councils Act [Chapter214]
(10) Where model building by-laws are in force in any council area and there is any conflict or inconsistency between any other by-laws of the council in force in that area, the provision of the model building by-laws as applied shall prevail.
Part 2. GUIDE TO MODEL BUILDING BYAWS AS A WHOLE.
10 EFFECTS OF CHAPTERS.
(1) The administrative provisions of Chapter 2 have general application to-
a) the construction of all buildings, alterations and additions; and
b) the installation and modification of all aspects of the sewerage system on any land, other than those parts of the sewerage system which are the responsibility of the local authority.
(2) Chapter 3 and the subsequent chapters are primarily concerned with providing technical information on the standards to which building and sewerage work shall be undertaken, but some of these chapters also contain certain administrative provisions creating continuing obligations specifically associated with the subject-matter of the relevant chapter.
(3) The provisions of these by-laws do not cover all administrative matters associated with building and sewerage work, and each local authority is likely to have further by-laws which it made or adopted concerning, inter alia–
a) applications for and the supply of water-close
b) applications for connexions to public sewers and the making such connexions;
c) the provision of fire-protection services;
d) the licensing of advertising signs.
11.FORCE AND EFFECT: ADOPTION.
The Model Building By-laws, 1977, shall have force and effect within areas under the jurisdiction of the various local authorities in Rhodesia only as and when they are adopted by or on behalf of each local authority, whereupon the model building By-laws, 1977, will become operative within the area under jurisdiction of each such local authority.
12. VARIATIONS.
(1) Throughout the course of these model building by-laws, local authorities are given the power to allow departures or relaxation in respect of specified situations, and local authorities have the discretion to interpret provisions incorporating the terms “adequate”, “proper”, “reasonable”, “satisfactory” and similar terms in a manner reflecting the local authority’s own appreciation of the circumstances.
(2) In all other cases, however, departures or variations from these model building by-laws must be authorized in terms of Part VII of Chapter, or await the adoption of amendments to these model building by-laws.
13. RESPONSIBILITY FOR BUILDING AND SEWERAGE WORK.
(1) The fact that a local authority may have approved, with or without tests, plans, excavations, foundations, the construction of structural members or any other aspect of any building or sewerage work does not, per se, exonerate the owner, builder or plumber from all liability in respect of such work.
(2) The owner, builder or plumber remains responsible in all circumstances for complying with the provisions of these model building by-laws, as adopted by any local authority.
(3) The local authority will not be responsible for any costs or losses associated with the construction of buildings or sewerage work unless such costs or losses can be directly attributed to the wrongful or negligent acts of the local authority or its servants.
Part 3. AIDS TO INTERPRETATION.
14. DIVISIONS OF PROVISIONS WITHIN CHAPTERS.
(1)Most chapters in these model building by-laws are divided, in the first instance, into Parts.
(2)each chapter is divided, further, into sections, the numbering of the sections being in no way dependent upon the division of the chapter into Parts
(3)Sections may be divided into subsections.
(4)both sections and subsections may contain paragraphs may or may not be grammatically dependent upon the section or subsection in which they appear: a “paragraph” may therefore, constitute a sentence in its own right.
(5)The Tables and Schedules are intended to constitute part of the body of the by-laws, and the contrary is indicated.
15. ARRANGEMENT WITHIN CHAPTERS.
The order in which provisions appear in the chapters, and the manner in which chapters are divided into Parts, sections, subsections and paragraphs, is intended to be of significance in interpreting these model building by-laws. Thus, “such walls” in a subsection (2) may refer to “exterior concrete block motor walls” in the preceding subsection.
16. DEFINITIONS.
(1) The definitions set out in Chapter 2 are intended to apply throughout these by-laws
(2) Terms which are defined in other chapters are, prima facie, applicable only to the chapters in which they are defined, but they may be considered as having persuasive force in construing similar terms in other chapters in which such terms are not defined.
(3) Definitions contained in standards, codes of practice and other similar rules shall be regarded as applicable throughout these by-laws unless a contrary intention is apparent.