02.Model Building Bylaws: Chapter 2

INDEX-CHAPTER 2

	Section		Section
Alterations or additions	7	Ministers, power and duties	64
Appearance of proposed buildings	43	New sewerage systems	45
Approval to commence work	5	Nomination of site representative	23
		Non-compliance with by-laws	56
Builders sheds and toilets	28 and 41	Notice of intention to commence work	23
Builders sheds removal	32
		Occupation new buildings	44
Cleaning of site	25	use of buildings	46
conduct of building operations	31	Plans
Costs of tests and investigations.	57	accuracy	16
		additions to buildings	8
Dangerous buildings	48	alterations to	20
Decorations for public celebrations	38	alterations to building’s	8
Defective sewerage	49	approval	17
Demolition	54	building to be in accordance with	19
Departures from bylaws applications for specifies purposes or all purposes generally	62	colors to be used	12
applications in respect for a particular building, site or housing project	60	consideration by local authority	17
authorization of	58	custody of	18
consideration of minister	63	departures from	20
consideration of application by local authority.	61	drainage	15
effect of authorization	65	kept on site	29
		lapsing of approval	22
Encroachments construction of	36	material used in preparation	10
granting of permission	34	new work	6
permission	33	partial re-erection of buildings	8
permit- free	35	part plans submission	9
removal of	37	scales	11
Excavations conformity with street-levels	26	sewerage	15
inspection	30	sewerage work in accordance with	19
protection of adjacent buildings	26	site plans content	13
		submission of	6 and 8
protection of public works	26	urgent sewerage work	21
Exempted buildings		working drawings	14
builders sheds	41
garden structures	40	Principal structural members	53
minor structures	39	Projections construction of	36
removal of	42	decorations public celebrations	38
		permission, granting of	34
Fees general provisions	3	permission to be obtained	33
Fences	40	removal of	37
Full-scale load tests	55
		refund of fees	4
Garden structures.	40	Repair of public places	32
General conduct of building operations	31	Rubble removal	32

In-completed buildings	22	Sampling	52
Inspection cutting into work	54	Scales plans to be drawn to	11
demolishing work	54	Site boundaries	24
excavations	30	Site representative	23
foundations	30	Street levels conformity with	26
investigating work	54	Submission of part plans	9
interference with pavements, streets and public places	27	Submission of plans	6 and 8
Interpretation of terms	2
		Testing of materials by local authority	50
Loading of buildings	47	Test carried out by other persons.	515
Load tests, full scale	55	Use of buildings	46
		Use of new sewerage systems	45
		Variations committee	59

Administration

Arrangement of sections

Preliminary

Section

1.Title

2.Interpretation

3.Fees: General Provisions.

4. Refund of Fees.

5.No building or sewerage work to be under-taken without approval of local authority.

6.Plans to be submitted: new work.

7.No alterations or additions without approval of local authority.

8. Plans to be submitted: alterations, additions and partial re-erections.

9.Submission of part-plans.

10.Material upon which plans to be prepared.

11.Scales to which plans to be drawn.

12.Colours to be used on plans.

13.Content of site-plans.

14.Content of working-drawings.

15.Content of sewerage and drainage plans.

16.Accuracy of plans.

17.Receipt and consideration of plans.

18.Custody of approved plans.

19.Building and sewerage work to be carried out in accordance with approved plans.

20.Alterations to, and departures from, approved plans.

21.Prior approval of plans unnecessary for urgent sewerage work.

22.Lapsing of approval, and in completed buildings.

PART II
PRELIMINARIES TO UNDERTAKING OF BUILDING AND SEWERAGE WORKS, AND GENERAL CONDUCT THEREOF

23.Notice of intention to commence work, and nomination of site representative.

24.Site boundaries.

25.Cleaning of site.

26.Excavations, protection of public works and adjacent buildings, and conformity with street-levels.

27.Interference with pavements, streets and public places.

28.Builders’ sheds and toilets.

29.Plans to be kept on site.

30.Inspection of excavations and foundations.

31.General conduct of building operations.

32.Removal of sheds and rubble and repair of public spaces.

Part III

Projections and Encroachments.

33.Permission to be obtained for projections and encroachments.

34.Granting of permission.

35.Permit-free encroachments.

36.Construction of projections and encroachments.

37.Removal of projections and encroachments.

38.Decorations for public celebrations.

Part IV

Exempted Buildings

39.Certificates for minor structures.

40.Garden structures and fences.

41.Builders’ sheds and toilets.

42.Removal of exempted structures.

PART V CONTROL OF GENERAL APPEARANCE, OCCUPATION AND USE OF BUILDINGS

43.Appearance of proposed buildings.

44.Occupation of new buildings.

45.Use of new sewerage systems.

46.Occupation and use of buildings.

47.Loading of buildings.

48.Dangerous buildings.

49.Dilapidated and unsightly buildings

50.Defective sewerage systems.

51.Testing of Materials by local authority

52.Tests carried out by other persons

53.Attendance at construction of principal struc-tural members.

54.Cutting into, laying open, demolishing and investigating work.

56.Rectificat on of non-compliance with by-laws.

57.Costs of conducting tests and investigations.

PART VII

DEPARTURES

58.Authorization of departure.

59.Variations committee.

60.Applications in respect of a particular building, site or housing project.

61.Consideration by local authority of applications.

62.Applications for specified purposes or all purposes generally.

63.Consideration by Minister of authorization, recommendation or application.

64.General powers and duties of Minister.

65.Effect of authorization of departure.

1. TITLE

1These by-laws may be cited as the Model Building By-laws, 1977

2. INTERPRATION

2 (1) In these by laws-

“approved” means approved by the local authority or by any employee of the local authority to whom its power of approval may have been delegated in terms of these regulations or any other law;

“architect” means a person registered as a member of the Architects Council of Rhodesia in terms of the Architects Act, 1975 [No. 35 of 1975];

“basement” means any storey beneath the ground storey

“builder”, except in Chapter 12 means the person undertaking construction of a building or the principal parts of a building, and includes a building contractor or an owner who is undertaking the contracting, but does not include a person undertaking limited parts of the construction including the brickwork, carpentry or painting alone;

“dwelling” means a dwelling-house or a dwelling-unit as defined in Chapter 11;

“housing project” means a project for the construction of two or more dwelling-houses or units not exceeding two storeys in height;

“invert” means, for any cross-section, the lowest portion of the inner surface of a conduit;

“Minister” means Minister of local Government and housing

“occupier” shall include any person in actual occupation of land or premise, without regard to the title under which he occupies, and, in the case of premise subdivided and to let lodgers or various tenants, shall include the person receiving the rent payable by the lodgers or tenants whether on his own account or as agent for any person entitled thereto or interested therein;

“owner”, in relation to a building or a sewerage system under construction, repair or alteration, or about to be constructed, repaired or altered, means the person upon whom ultimately rests the obligation to pay for the construction, repair or alteration of such building or sewerage system;

“plans” includes drawings, sections, elevations, specifications, structural detail drawings any application form relevant thereto;

“plumber”, except in Chapter 9, means a person undertaking plumbing or sewerage work;

“prescribed fee” means the tariff, charge or deposit payable to the local authority in terms of section 172 of the Urban Councils Act[Chapter 214], or section 79 of the Rural Councils Act[Chapter211];

“sewerage system” means all pipes, traps, vents, sanitary fittings, cisterns, joints, manholes, inspection covers or any other thing which is intended or used for the disposal of soil water or waste water;

“sewerage work”, except in Chapter 9, means any work on a sewerage system and includes any work on drains and any plumbing work which may be done in conjunction with any building work or sewerage work;

“site” means the stand, lot, plot or surveyed or otherwise demarcated or limited area of land upon which a building is being constructed or sewerage work is being undertaken;

“soil water” means excremental liquid discharged from soil-water fittings;

“storey”-

(a) includes a basement;

(b) “first storey” means the storey immediately above the ground storey;

(c) “ground storey” means that storey of a building to which there is an entrance from the outside on or near the finished ground-level adjoining such entrance, and, in the case of more than one such storey, the lowest;

(d) “height of storey” means the average vertical distance measured from the upper surface of the floor of that storey to the underside of the ceiling of that storey, or, where there is no ceiling of that storey, to the underside of the rafters, the joists of the beams, as the case may be, above such storey

(e) “mezzanine storey” means a storey extending over only part of the building and introduced between two other storeys;

(f) “topmost storey” means the uppermost storey, whether constructed wholly or partly in the roof or not, and whether adapted for human habitation or not;

“structural engineer” means a person who is a corporate member of the Rhodesian Institution of Engineers (Private) Act[Chapter 226] and is approved by the local authority;

“waste water” means non-excremental liquid discharged from waste-water fittings.

(2) For the purpose of there by-laws, the owner of the site upon which a building or sewerage system is being or is to be constructed, repaired or altered shall, unless he proves the contrary, be deemed to be the person on whom ultimately rests the obligation to pay for the construction, repair or alteration of such building or sewerage system.

(3) All references in these by-laws to-

(a) “C.A.S.”; or

(b) “C.A.S. No.”; or

(d) “B.S”;

followed by a number or by a letter or letters and a number shall be construed as a reference to the appropriately numbered publication embodying a standard or a code of practise laid down in the case of paragraphs (a) and (b), by the Standards association of Central Africa and in the case of paragraph (c) and (d), by the South African Bureau of Standards and the British Standards Institution respectively, which publication, may be inspected free of charge at the offices of the Standards Association of Central Africa, 17, Coventry Road, Workington, Salisbury.

(4) Any amendment made to a standard or a code of practise referred to in subsection (3) shall have force and effect in these by-laws from the date of such amendment, unless the Minister, on the recommendation of the variations committee appointed in terms of section 59, does not approve the amendment and publishes a notice to this effect in the Gazette.

(5) When applying provisions of these by-laws which incorporate such subjective expressions as “acceptable”, “adequate”, “proper”, “reasonable”, “satisfactory” or “suitable”, the local authority shall regard to-

(a) the general nature of the standards set in these by-laws; and

(b) the nature of the specific circumstances of each case.

3. FEES: GENERAL PROVISIONS.

(1) Wherever-

a) these by-laws provide for the payment of a prescribed fee for-

i) the approval of any plans; or

ii) the undertaking of any inspection; or

iii) any test;

as a condition precedent to the carrying out of any work, to the occupation or use of any building, plumbing system or sewerage system or to the taking of any action; and

b) the local authority has fixed the amount of the prescribed fee;

the person who is required to pay the prescribed fee so fixed shall pay the fee as laid down in subsection (2).

(2) The prescribed fee specified in subsection (1) shall be paid before-

a) the local authority is required to examine the plans, undertake the inspection or test; and

b) such a person may undertake the work or further work occupy or use the building, plumbing system or sewerage system or take the relevant action.

4.REFUND OF FEES.

If the local authority refused to approve plans, or if, having approved plans in terms of Part I, such approval lapses in terms of section 22, or if plans are withdrawn by the applicant after approval but before commencement of the work, the local authority may refund the amount equivalent to fifty per centum of the fees paid by the applicant:

Provided that such refund shall not be paid unless-

a) the total amount to be refunded exceeds ten dollars; and

b) in the case of the disapproved plans or lapsed approval, a claim for the refund is made within thirty days of-

i) the applicant being notified that his plan have been disapproved; or

ii) the approval having lapsed.

5. NO BUILDING OR SEWERAGE WORK TO BE UNDERTAKEN WITHOUT APPROVAL OF LOCAL AUTHORITY.

(1) Subject to the provisions of this Chapter, no person shall commence-

a) to construct a building; or

b) to re-erect a building; or

c) to undertake any sewerage work;

on any site unless and until plans have been submitted to, and approved by, the local authority in terms of these by-laws for all and every part of the work involved.

(2) Where a person wishes to obtain the approval of the local authority in terms of subsection (1), he shall-

a) pay the prescribed fees; and

b) make written application, in duplicate, to the local authority, on the form provided by the local authority for such application, completing the form in all relevant respects; and

c) submit with the application form two copies of any plans which are called for in terms of these by-laws; and

d) provide such further plans, drawings, details, particulars, specifications and other information as the local authority may reasonably require to ensure that the building or sewerage work is undertaken in accordance with these by laws.

(3) Approval in terms of this section shall not be required for-

a) the maintenance, repair or redecoration of any building, plumbing system or sewerage system; or

b) the clearing of stoppages in sewers or drains; or

c) the provision of extra taps or branches on a water-distribution system within the boundaries on any site and on the site side of any authority between the mains and the outlet points on the site

6. PLANS TO BE SUBMITTED: NEW WORK.

(1) The plans to be submitted in terms of section 5 shall compromise-

a) a site-plan prepared in accordance with the provisions of section 13; and

b) a complete set of working-drawings prepared in accordance with the provisions of section 14; and

c) plans and sections of any sewerage and drainage work to be undertaken in accordance with the provisions of section 15; and

d) a statement of the proposed use of all the various parts of the proposed buildings; and

e) where a structure requires stress calculations covered by any provision in Chapter 3, a certificate on the appropriate form provided by the local authority, which-

i) is signed by the structural engineer who made or checked the calculations;

ii) gives an assurance that such calculations were made or checked by a structural engineer; and

iii) gives an undertaking that the carrying out of work to which those calculations relate will be supervised by an architect or structural engineer; and

iv) where the local authority indicates that it is required, provided for the furnishing of complete and self explanatory structural design calculations and drawings; and

f) the estimated value of the work; and

g) such particulars as may be required elsewhere in these by-laws

(2) All plans shall be dated and signed-

a) in the case of structural detail drawings, by the structural engineer responsible for their preparation;

b) in all other cases, by the architect or other person responsible for their preparation

(3) Every signature affixed to a plan in terms of subsection (2) shall be easily legible or otherwise identified, so that the local authority can readily determine whose signature it is.

7. NO ALTERATIONS OR ADDITIONS WITHOUT APPROVAL OF LOCAL AUTHORITY.

(1) No person shall make any alteration or addition to an existing building or to any existing sewerage work unless and until plans have been submitted to, and approved by the local authority in terms of these by-laws for all and every part of the work involved in such alterations or additions.

(2) Notwithstanding the provisions of subsection(1), the local authority may issue a permit exempting a person from the need to submit plans of minor alterations or additions which-

a) are not likely to cost more than two hundred and fifty dollars; and

b) do not involve any work being carried out on any sewerage system.

(3) A permit issued in terms of subsection(2) shall specify-

a) the name of the applicant; and

b) the location of the site upon which the alterations or additions are to be effected; and

c) the nature of the alterations or additions which are permitted to be effected.

(4) No person shall construct any building or any portion thereof which is to be supported by any existing building or portion thereof, including foundations, unless the existing work is proved to have been constructed-

a) in accordance with the requirements of these by-laws

b) in such a manner that the local authority is satisfied, after an inspection of the existing work that such work presents no hazard to the health of persons who may use the building, and that work is sufficiently sound and stable to support the proposed additions or alterations.

8.Plans To Be Submitted : Alterations, Additions And Partial Re-Elections.

Subjects to the provisions of section 9, where alterations or additions are to be effected, or any part of a building is to be re-elected, the plans to be submitted shall be those mentioned in subsection(1) of section 6:

Provided that-

i) no sewerage plan need be supplied where-

a) the existing sewerage system is not to be affected by or built over by the proposed work; and

b) no new connexions are to be made to the sewerage system;

ii) no plans other than the site-plan and plans and sections of the sewerage work to be undertaken need be provided where the proposed works affect the sewerage system only.

9.SUBMISSION OF PART-PLANS.

+(b) the local authority already has a complete set of all plans referred to in section 6 for the building concerned; the applicant may apply to the local authority for permission to submit part-plans. (2) An application in terms of subsection (1) shall be submitted in duplicate, and shall sit out—(a) the designation of the site concerned, includ-ing the stand-number and street-address; and (b) a brief account of—(i) the nature and extent of the proposed work; and (ii) the materials which it is proposed to use; and (c) the estimated value of the work. (3) The applicant shall sign and date all copies of the application. (4) Upon receipt of an application in terms of this action, the local authority may, either orally or in writing, call for further plans or information in rela-tion to the existing building or the proposed changes. (5) If the local authority agrees to permit the submission of part-plans, it shall—(a) approve the application, causing the form to be endorsed accordingly; and (b) specify on the form—(i) the extent of the existing building which, in addition to all proposed new work, must be shown on the plans to be sub-mitted for approval in respect of the new work; and
(ii) any further information relating to the safety, stability and durability of such existing work as the local authority may require. (6) The local authority shall thereupon return one copy of the endorsed application form to the applicant, and shall file the second copy. (7) The endorsed application form shall be re-fared to as a part-plan permit, and shall be read as one with the part-plans submitted and approved in respect of the work. (8) If an applicant, having obtained a part-plan permit, submits part-plans not covered by the permit, the permit may be withdrawn, and the local authority may either call for a fresh application for permission to submit part-plans or require full plans to be submitted.

10. MATERIALS TO WHICH PLANS TO BE PREPARED.

Plans submitted in terms of these by-laws shall be prepared on sheets of standard AO, Al, A2 or A3 size, and shall be clear prints on white paper or other material approved by the local authority: Provided that, if the local authority is satisfied that adherence to these specifications is, for any reason, not feasible, it may accept plans prepared on paper or other material of such other size or sizes as it may specify.

11. SCALES TO WHICH PLANS TO BE DRAWN.

(1) The scale to which any plan is drawn shall be clearly stated on each drawing. (2) Site-plans and main sewerage plans shall be drawn to one of the following scales—

(a) if the area of the site exceeds one hectare, 1 to 2 000, 1 to 1 000 or 1 to 500;

(b) if the area of the site is one hectare or less; 1 to 500, 1 to 200 or 1 to 100.
(3) Working-drawings shall be drawn to a scale of 1 to 100, 1 to 50 or 1 to 20.

(4) Detailed sewerage plans shall be drawn to a scale of 1 to 100 or 1 to 50.

(5) Detail drawings shall be drawn to a scale of Ito 50, 1 to 20, 1 to 10, 1 to 5, 1 to 2 or 1 to 1.

(6) In the case of stress diagrams, a scale shall be used from which accurate determination of stresses and forces can be made by measurement.

(7) Local authorities may permit other scales to be used if a reasonable need to use such other scales can be demonstrated.

12. COLORS TO BE USED ON PLANS.

(1) All copies of site-plans of alterations and additions to existing works shall be prepared using the following fixed colours and forms of representation—(a) areas of proposed work, red; (b) work to be demolished, uncoloured and out-lined with black dotted lines; (c)’ new private sewers, brown; (2) Working-drawings of alterations and addi-tions to existing works shall be prepared using the following fixed colours and forms of representation—(a) new brick and masonry, red; (b) new concrete, green; (c) new iron or steel, blue; (d) new wood, yellow; (c) all other new materials, to be clearly indicated and to be described in words; (f) work to be demolished, uncoloured and out-lined with black dotted lines. (3) Sewerage and drainage plans of alterations and additions to existing works shall be prepared using the following fixed colours and forms of repre-sentation—(a) new sewers and new soil-pipes, brown; (b) new waste-pipes and new private sewers carrying trade effluent, orange; (c) new waste-pipes and new waste-sewers, green; (d) new vent-pipes to all types of pipes, red; (e) new private drains, blue.

13. CONTENT OF SITE PLANS.

Site-plans shall fully and clearly show the following information—

(a) the registered designation of the site, affected by the proposed work; and

(b) particulars of the location of the site, indi-cating—

(i) the name of the street upon which the site abuts; and

(ii) the widths of the abutting side-walks, if ‘ any; and

(iii) the widths of the abutting road reservation, if any; and

(d) the nature and position of— •

(i) all natural watercourses, ravines, large boulders, cliffs, banks, slopes or other natural features, resulting in changes of ground-level; and

(ii) all sewers, drains, water-mains, electric or other cables or wires, and any structures or installations supporting or connected with any of the foregoing; and

(iii) all building-lines, rights of way and servitudes associated with the services specified in subparagraph

(ii); which exist upon or traverse the site; and

(e) the location upon the site of—

(i) every building which it is proposed to erect, alter or add to; and

(ii) any other building existing upon the site; and

(iii) the positions of the water-connections and sewer-connections for the site, and their distances from a specified corner-peg or other reference point; and (iv) proposed vehicle-entrances to the site; and

(f) the distances of all buildings on the site from one another, and from the boundaries of the site; and

(g) reduced levels at corners in relation to a datum, if such information is required by the local authority; and

(h) the direction of true north.

14. CONTENT OF WORKING DRAWINGS.

(1) Working-drawings shall consist of as many plans, sections and elevations as may be necessary fully and clearly to show the position, form, dimensions and materials of every part of the building intended to be erected. (2) Working-drawings shall depict –

(a) the position and horizontal and vertical dimensions of—

(i) the pilings, if any, and foundations, regard being had, in particular, to the requirements of sections 12 and 16 of Chapter 4; and

(ii) all floors, walls, windows, doors, stairs. roofs and chimneys; and

(b) all sanitary fittings; and

15. CONTENT OF SEWERAGE AND DRAINAGE PLANS.

(I) Sewerage plans shall consist of as many plans, sections and elevations as may be necessary clearly to show full particulars of all intended and existing sewers and sanitary fittings. (2) The local authority may further require a sewerage plan to depict as many plans, sections and elevations as may be necessary to show full particulars of—
(a) all existing and proposed drains; and (b) the proposed arrangements for the discharge of rainwater from the building and its site. (3) Sewerage plebs shall depict—(a) each floor or level in plan and in elevation along the line of the plumbing and sewerage systems; the size, depth and position of every private sewer; the size and position of every manhole, means of inspection, rodding-way, gully, trap, soil-water pipe, waste-water pipes and vent-pipe; (d) the position of every trap, soil-water fitting and waste-water fitting; the gradient, in figures, of every private sewer or drain and any change in the gradient of any such sewer or drain; (f) the material of which all such sewers, pipes and vents are constructed or are to be con-structed; the levels of the ground and the levels of the inverts of all private sewers at the highest points of such private Sewers, at all manholes and at all points at which the gradient of such sewers is changed, all such levels giving the height of the points concerned above such datum-level as the local authority may specify; (h) the positions and heights of all chimneys, windows and other openings within a horizontal distance of six meters from the open end of any soil-pipe, waste-pipe or vent-pipe; the positions of connections and invert-levels at any points specified by the local authority, all levels being shown on the drawings in relation to such datum-level as the local authority may specify. (4) The following abbreviations may be used on sewerage and drainage plans—

`A.C	Access Over
A.E	Access Eye
B	bath
C.I.P	Cast Iron Pipe
C.T	Conserving Tank
D.C	Disconnecting Chamber
D.T	Disconnecting Trap
D.U.T	dished universal trap
F.A.I	fresh-air inlet
F.C	flushing-cistern
F.V .	flushing-valve
G.	Gully
G.E.P.	glazed earthenware pipe
G.T	grease-trap
I.C	inspection-chamber
I E.	inspection-eye
I T.	interceptor-trap
M.	water-meter
M H	manhole
0.V.P.	outlet vent-pipe
R W	rodding-way

R.W.P.	rain-water pipe
S	sink
S.A.P	soil anti-siphon pipe
S.C.	stopcock.
S.G .	stable-gully
Si!	slop-hopper
S.P.	soil-pipe
S.T	septic tank
S.V.P	soil vent-pipe
S.W.P.	stoneware pipe
U.	urinal
U.T	universal siphon-trap
V.P.	vent-pipe
W.	waste-pipe
W.A.P.	waste anti-siphon pipe
W.B	wash-basin
W.0	water-closet
W.P	water-pipe
M H	water-tap
W.T.(H.)	water-tap (hot)
W.V.P.	waste vent-pipe

16.ACCURACY OF PLANS.

It shall be the responsibility of any person pre-paring or submitting plans for approval by the local authority to ensure the accuracy of those Wens, and no person shall include on any plan any information which—

(a) he knows to be false; or

(b) is false, and which he has no reasonable • cause to believe to be correct.

17. RECEIPT AND CONSIDERATION OF PLANS.

(I) The official dated receipt of payment of building or sewerage plan fees shall be acknowledge-meat of receipt of the plans. (2) Within thirty-five days of the date on the receipt referred to in subsection (I), the local authority • shall either—(a) subject to their complying with the conditions of title of the premises concerned, any town planning scheme or any public health requirement, the provisions of these by-laws, and any other law, approve the plans; or (b) reject the plans, in which case the reasons for such rejection shall be clearly explained to the applicant, either orally or in writing; or c) notify the applicant of a later date by which the local authority will advise the applicant of the outcome of the consideration of the plans; or (d) notify he applicant of—(i) any amendment or amplification re-quired of the plans to obtain compliance with these by-laws; and (ii) the period within which such amendment or amplification should be completed and submitted to the local authority. -3) The local authority may, in its sole discretion, extend the period specified in terms of paragraph (d of subsection (2), and, if the applicant fails to submit the completed amendment or amplification within the specified period, the local authority may give notice to the applicant that his plans have been rejected. (4) The local authority may approve plans prior to finally approving the particulars of structural detail drawings: Provided that no work shall be commenced upon the erection of any structural members. framework or reinforced concrete until structural detail drawings have been submitted to, and approved by, the local authority. (5) Within thirty-five days of receiving structural detail drawings the local authority shall advise the applicant of its decision thereon, in accordance with the provisions of subsection (2), and, if amendment or amplification is required, the provisions of sub-section (3) shall, mural!: mutondis. apply.

CUSTODY OF APPROVED PLANS 18.

When an application, a plan or a drawing is approved—(a) one copy shall be retained by the local authority; and (b) one copy shall bo retained by the applicant and kept at the site of the work, in accord-ance with the provisions of section 29.

BUILDING AND SEWERAGE WORK TO BE CARRIED OUT IN ACCORDANCE WITH APPROVED PLANS 19.

(I) No person shall undertake any building or sewerage work in respect of which plans have been approved by the local authority otherwise than in accordance with—(a) the approved plans; and (b) any directions, orders, measures, precautions or other requirements lawfully made, given. approved or undertaken in terms of these by-laws; and the provisions of these by-laws.
(c) the provisions of these bylaws.

(2) No person shall carry out any work in respect of which an undertaking of supervision has been given in a certificate referred to in paragraph (e) of sub-section (I) of section 6 without the carrying out of such work being supervised in accordance with such undertaking.

ALTERATIONS TO, AND DEPARTURES FROM, APPROVED PLANS 20.

(I) If a person wishes to alter or depart from plans approved by the local authority, he shall submit to the local authority a request for leave to alter or depart therefrom and receive approval prior to the commencement of the work. (2) An application in terms of subsection (I) shall—(a) be accompanied by the prescribed fee; and

(b) be submitted in duplicate on the form pro-vided by the local authority for such applications; and

(d) set out the nature of the alteration or departure proposed. The local authority may—approve the application and direct that appropriate changes and endorsements be made upon the two copies of the approved plans; or

(b) require revised plans to be submitted. covering the proposed alterations or departures, and, once such plans have been prepared, to the satisfaction of the local authority, approve the application; or

(c) reject the application and require the plans to be re-prepared in accordance with these by-laws. (4) Notwithstanding the provisions of sub-section (1), and subject to the provisions of subsection (5), the local authority shall not insist upon a revised plan or a new plan in respect of alterations—

(a) limited to the replacement of a door or a window; or (b) limited to a replacement of the finish of a floor, a ceiling or a wall with a finish of another type: Provided that the strength and durability of the floor, ceiling or wall concerned will not be impaired by the omission or removal of the finish originally approved or by the application of the new finish. (5) If any person effects any alteration of the type mentioned in subsection (4)—(a) the local authority may thereafter satisfy itself that the work undertaken is sound and adequate for the purposes which it will have to serve before any further work• may be undertaken; and (b) appropriate alterations to the approved plans shall be made and signed by or on behalf of the applicant, or a suitable revised plan shall be submitted, to the satisfaction of the local authority.
(3) (a)

PRIOR APPROVAL OF PLANS UNNECESSARY FOR URGENT SEWERAGE WORK 21.

(1) If the delay which would attend the prepa-ration, examination and approval of plans for he installation, modification or alteration of any sewerage work would result in conditions which could in any way be prejudicial to public health, the local authority may authorize the installation, modification or altera-tion of such work as a matter of urgency, and dispense with the need to await the approval of appropriate plans. (2) If the local authority does authorize the undertaking of any urgent sewerage work in terms of subsection (I)—(a) the local authority may give such directions concerning excavations, inspections, the

INTERFERENCE WITH PAVEMENTS, • STREETS AND PUBLIC PLACES 27.

(I) No person shall—(a) erect any hoarding. scaffolding, fence, gang-way or other such temporary barrier or structure, whether or not it is required n terms of Chapter 12, upon or within one meter of any pavement, street or public place; or (b) undertake any building or sewerage work which is otherwise likely to interfere with, obstruct or render dangerous any pavement, street or public place; unless and until he has obtained the written per-mission of the local authority and paid the prescribed fee.

(2) Application for the permission required terms of subsection (I) shall be submitted in the f provided by the local authority for such application and such form shall be completed in all mat respects (3) Upon receipt of an application in terms subsection (2), the local authority—(a) may require the submission of such plans information as it deems necessary; (b) shall, once it is satisfied that it has sufficiant information, by written notice served up to the owner of the site concerned and the pe-son undertaking the work, grant permission to erect such structures upon and to make such use of, any pavement, street or put place as may be reasonably necessary for the purpose of undertaking the work. (4) In granting permission in terms of subsection (3), the local authority may give directions as to—

(a) the parts of the pavement. street or up place which may be interfered with or strutted; and

(b) the times at which, and period for which interference or obstruction may be permitted and

(d) the form which any interference or obstruction may take; and (e) the time by which, and stages at which, any obstruction shall be removed and any, damage shall be repaired; and

(f) any other matter which is intended to reduce inconvenience to the public and to ensure the safety of the public and persons working on the site;

and the persons to whom the directions are directed shall give effect to those directions.

(5) If the local authority considers that any building or sewerage work interferes with or is. likely to interfere with, obstruct, damage or render dangerous any pavement street or public place, it may, by written notice served upon—(a) the owner of the s to concerned; and (b) the person undertaking the work; direct those persons to take one or more of the steps specified in subsection (6). (6) Upon service of the written notice referred to in subsection (5), the persons upon whom it has been served shall take one or more of the following steps—(a) cease to interfere with or obstruct such pavement, street or public place; (b) take such action as the local authority may specify in order to reduce the interference. obstruction, damage or danger; repair any damage which has already been caused; and, in such notice, the local authority may give directions as to any matter mentioned in subsection (4).
(7i Notwithstanding the provisions of this sec-tion. wherc—(a) the need arises to effect urgent repairs or maintenance; or (b) the state of a building which is being or has been erected renders the use of any adjoining pavement, street or public place, dangerous; a person may forthwith erect such scaffolding, fence or other barrier, and cause such interference or obstruction as may be necessary in the circum-stances: Provided that—(i) the person taking such action ‘shall notify the local authority as soon as possible of—(a) the action which he has taken; and (b) the reason for taking that action; and (ii) the local authority may thereafter—(a) five such directions as it deems fit in order to minimize any incon-venience caused to the public, and to ensure the safety of the public and persons working on the site; and (b) require payment of the prescribed fee.

BUILDERS’ SHEDS AND TOILETS 28.

(I) Notwithstanding anything to the contrary contained in these by-laws, any person undertaking or preparing to undertake any building or sewerage work which has been approved by the local authority may erect such builders’ sheds, toilets and other temporary structures as may be reasonably required—

(a) for the convenience of persons working on the site; or (b) for the storage of materials and tools. (2) No person shall construct or maintain any such temporary structure in such a location or in such a manner that it is or may become a nuisance or a danger to the health or safety of persons working on the site or of the public, and such structures shall be used solely in connection with the execution of the approved work. (3) Any person undertaking building or sewerage work shall, before commencing work, ensure that, for every twenty-five persons working on the site, there is at least one toilet available to such persons on the site or within fifty meters thereof, and, if necessary, shall provide temporary toilet accommodation on the site.
(4) Any toilet provided in terms of subsection (3) shall be so situated, constructed, screened and maintained as not to be offensive or to cause a nuisance or danger to the health of the public or persons working on the site. (5) The person undertaking the work shall ensure that any temporary toilet provided on the site is cleaned and, in the case of bucket latrines and chemical closets, is cleared at least once in every twenty-four hours.

PLANS TO BE KEPT ON SITE 29.

The person erecting any building or under-taking any sewerage work shall ensure that signed copies of all applications, plans and drawings referred to in Part I and approved by the local authority for the purposes of any particular work are at all times—(a) kept upon the site of such building or sewer-age work; and (b) maintained in a legible condition.

INSPECTION OF EXCAVATIONS AND FOUNDATIONS 30.

(I) No person shall commence the work of con-structing the foundations of any building or the in-stalling of any sewerage work until—(a) notice has been given in the form provided by the local authority for this purpose; and (b) the prescribed fee for inspection, if appli-cable, has been paid; and (c) the excavations for such work have been inspected; and (d) permission to proceed with the work has been given by the local authority. (2) No person shall backfill any excavations Made for foundations, or construct anything upon the foundations of a building, until—(a) notice has been given in the form provided by the local authority for this purpose; and (b) the prescribed fee for inspection, if appli-cable, has been paid; and (c) the foundations have been inspected; and (d) permission to continue with construction has been given by the local authority. (3) Notwithstanding the provisions of sub-section (2), the local authority may permit a person to backfill excavations and continue wit lithe construction of the building without awaiting inspection by the local authority if the design and construction of the foundations are under the supervision of a person approved by the local authority as being qualified to determine the adequacy of the foundations, in which. • case—
(a)
the person so approved shall provide the local authority with a certificate of approval in respect of the foundations of each building the construction of which he has authorized to be continued; and (b) the owner shall pay the prescribed fee, if applicable, for such inspection.

(4) No person shall commence to backfill any excavations made for sewerage work until the sewer-age work has been inspected and has satisfied all tests carried out by the local authority in terms of Part VII of chapter 9.

(5) The notices referred to in this section shall be delivered to the local authority at least two clear working days before the date specified in the notice for inspection of the excavations, foundations or sewerage work.

GENERAL CONDUCT OF BUILDING OPERATIONS 31.

(I) Every person undertaking building or sewerage work shall take all reasonable steps to

avoid and mitigate any nuisance which may be caused by such work, and, in particular, shall ensure that—

(a) gutters and drains for the flow of surface-water are kept clear at all times; and (b) subject to permission being obtained from the local authority, access to Ore-hydrants, lamp-posts, parking•meters, transformers, public telephones, post-boxes and other public facilities is not obstructed by piles of material, scaffolding, hoardings, barriers or otherwise; and

(c) effective steps are taken, including the covering, sprinkling and wetting-down of materials, during demolition work, to pre-vent dust, smoke, harmful fumes or other harmful agents spreading over adjacent premises or public places during building, demolition or sand-blasting operations, or during the conveyance of materials and rubble to and from the site; and

(d) noisy and disruptive operations are not undertaken on Sundays and public holidays or after 6 p.m. or before 7 a.m. on other days without written permission of the local authority. (2) In addition to observing the provisions of this Chapter, every person undertaking building or sewerage work shall comply with the provisions of Parts III and IV of Chapter 12.

32.REMOVAL OF SHEDS AND RUBBLE, AND REPAIR OF PUBLIC PLACES

(I) Upon completing any building or sewerage work, the builder or plumber shall—(a) repair any damage, or defray costs of such work if it is undertaken by the local authority, which has been caused to any pavement, street or public place in the course of constructing the building or in-stalling the sewerage work; and (b) remove from the site and any adjoining site or pavement, street or public place—(i) any hoarding, scaffolding, fence, gang-way or other barrier erected in terms of section 27; and

(ii) any temporary structure erected in terms of section 28; and

(iii) all refuse, debris, surplus building materials and rubble. (2) At any time before the completion of any building or sewerage work, the local authority may direct the person undertaking the work, by written notice served upon him, to take any action mentioned in subsection (I) if—

(a) the hoardings, structures, toilets, materials or rubble are—

(i) causing a nuisance or danger to the public; or

(ii) no longer needed on the site, and arc in any way offensive or unsightly; or

(b) it is possible to repair the pavement, street or public place, and to make it safely available for use by the public without undue interference with the continued progress of the building or sewerage work.

(3) When the builder or plumber has complied with the provisions of subsection (I) and any directions given in terms of subsection (2), the local authority shall, after deducting. the cost of any work undertaken by the local authority—(a) on behalf of, and at the request of, the owner; or (b) in consequence of any failure to comply with directions of the local authority given in terms of subsection (2); refund fee paid in terms of subsection (I) of section 27.

PART III

PROJECTIONS AND ENCROACHMENTS
PERMISSION TO BE OBTAINED FOR

33. PROJECTIONS AND ENCROACHMENTS

(1) Subject to the provisions of section 35, no person may, without the written permission of the local authority, construct a building or part of a building or any fixed or movable projection from a building so as to encroach upon, over or under any pavement, street or public place. (2) If any person wishes to construct a building. part of which will project over or under or encroach upon a pavement, street or public place, he shall, either before or upon submitting plans of the pro-posed work for approval in terms of Part I, apply to the local authority for permission to construct such projection or encroachment.
(3) The application referred to in subsection (2) shall be submitted on the form supplied by the local authority, and the form shall be completed in all relevant respects.

34.GRANTING OF PERMISSION

Every person whom the local authority has in terms of section 33 or by resolution in terms of section 166 of the Act permitted to erect or construct a projection or encroachment shall, in addition to complying with any other conditions which the local authority may impose—(a) assume full responsibility for the safety and proper maintenance of the projection or encroachment, and for any costs or liabilities incurred from any accident which in any way stems from the construction, presence or condition of such projection or encroachment; and (b) pay to the local authority the appropriate recognition fee fixed by the local authority in terms of section 172 of the Act; and (c) permit attachments to be made to the projection or encroachment free of charge for the purpose of fixing street-lights, telephone and electrical cables or otherwise facilitating the provision of public services in and near the building; and (d) when required by the local authority to do so, construct or restore paving, channeling or

kerbing on any land above, under or near the projection or encroachment.

35. PERMIT-FREE ENCROACHMENTS

(I) No permit shall be required in terms of section 33 in respect of—(a) a cornice, a moulding, a lintel or a similar feature; or (b) drop-awnings or sunblind’s; or (c) external hose-connections for fire-fighting systems; which comply with the relevant provisions of Chapter 8, Part V of Chapter II or Part II of Chapter 12. (2) Notwithstanding the provisions of sub-section (1)—(a) all projections or encroachments referred to therein shall be deemed to be constructed subject to the revocable consent of the local authority; and (b) the local authority may charge the pre-scribed fee for such projections or encroachments.

36. CONSTRUCTION OF PROJECTIONS AND ENCROACHMENTS

The construction of a projection or encroachment may be undertaken only after plans thereof have been submitted and approved in terms of Part I and shall in all other respects be undertaken in accordance with these by-laws.

37 REMOVAL OF PROJECTIONS AND ENCROACHMENTS .

Any permission or consent given or deemed to have been given in terms of this Part shall be revocable at the sole discretion of the local authority, and, subject to the terms of any agreement concluded in terms of section 34, the local authority may require the owner of any building from which a projection or encroachment has been constructed to remove the projection or encroachment at his own expense and within such period as the local authority may specify: Provided that the local authority may not require a projection or encroachment to be removed within less than six months unless the projection or encroachment has become a danger to persons or vehicles.

38 DECORATIONS FOR PUBLIC CELEBRATIONS

(I) The local authority may, by written notice to any person, waive the provisions of this Part for a specified period, not exceeding six weeks, to permit the erection and display of decorations for a public celebration. (2) Notwithstanding any waiver in terms of sub-section (1), the local authority may order the removal of any decorations which are, or are likely to become, a danger to the health or the safety of the public. (3) The owner or tenant of any building upon which decorations arc erected in terms of this section shall remove such decorations within three weeks of the termination of the public celebrations, or on such date as the local authority may specify in the notice given in terms of subsection (I).

PART IV

EXEMPTED BUILDING.

39.CERTIFICATES FOR MINOR STRUCTURES

(1) If a proposed building falls within the classes of buildings, referred to in subsection

(2), the local authority may issue a Leititivate authorizing the construction of the building without insisting upon the submission and approval of plans complying with the requirements of Part I.

(2) The provisions of subsection (1) shall apply to any building which

(a) is designed and intended to be used solely as a pump-house, poultry-run, immovable kennel, summer-house, toolshed, potting-shed, child’s doll’s house, aviary, plant-house, coal-shed, wood-shed, cycle-shed, cooking-shelter or swimming-bath changing-room; and

(b) covers an external area not exceeding ten square meters; and

(i) two meters at the eaves; and

(ii) three meters at the highest part of the roof; and

(d) is wholly detached and not less than three meters from any other building.

(3) Any person wishing to obtain a certificate in terms of subsection

(I) shall make written application, in duplicate, to the local authority on the form pro-vided by the local authority for such applications, and the form shall be completed in all relevant respects.

(4) The form referred to in subsection (3) shall make provision, inter alia, for the following information—

(a) the registered description of the site upon which it is proposed to construct the structure; and

(b) a site-plan showing the location of the structure; and

(c) a sketch-plan showing the proposed construction of the structure; and
(d) a statement indicating the purpose for which the structure will be used; and a statement indicating the nature of the materials with which the structure will be constructed.
(e) a statement indicating the nature of the materials with which the structure will be constructed.

40. GARDEN STRUCTURES AND FENCES

(I) A person may construct a fence, wall, pergola, garden shelter, car-shelter or boat-shelter or trellis-screen wall without obtaining—

(a) the approval of plans and drawings complying with the requirements of Part I; or

(b) a certificate issued in terms of section 39; if the structure is built so as to comply with the pro-visions of this section.

(2) The provisions of subsection (I) shall apply to a structure, other than a boundary-fence or boundary-wall, which is built in accordance with the following requirements—(a) the height of the structure, measured from mean ground-level to the top of the structure, shall not exceed two comma five metres; and (b) supporting posts or columns shall conform to the requirements of the following Table, and shall be built true and plumb, with their tops terminating in an even plane; and (c) beams, braces, stays and all structural =m-bet, shall be of adequate strength, and no member shall have a deflection of more than twenty-fist millimetres when loaded; and (d) no beam shall have a span in excess of three meters; and (e) all material used shall be sound and durable, and shall be erected in a neat, tidy and workmanlike manner; and (f) the sides shall not be enclosed, except with open lattice-work.

TABLE: SUPPORTING POSTS OR COLUMNS

MATERIAL	REQUIREMENT
Bricks, blocks or stone	blocks 200 millimetres by 200 millimetres minimum Of stone crose.sectica on 450.milhmetre-by493.m11- Mottle repartee of concrete at least 100 millimetres in thickness.
Timber	5600 eauare nallimeues minimum crow-section with a minimum face of 50 TOM, or 75 millimetres minimum butt in the case of round poles limber posts shall not be carried down into the ground, but shall be securely bolted to cocotte (*undo-lion.blocks or on to metal stubs its the ground.
Concrete	Minimum 150 millimeters by ISO millimeters or 150-mullimcire diameter if unreinforced or 75 millimeters by 75 millimeters or 75- millimeter diameter if reinforced with at least 0,5 IV/ control, of reinforcing steel. Poets to be at knit 450 millimeters Into the round.
Steel or other metal	Minimum 40 millimeter diameter. whether other metal tubular or solid. and. in the case of tubular Poste, me metal shall be at least two milli. meters in thickness. Rolkditeel swings shall have a minimum side of 40 milli’ recurs.

3) No person shall use a structure constructed in terms of this section to accommodate pets, poultry or other livestock, or for the storage of any materials other than plants, garden-tools or machinery. (4) The provisions of subsection 0) shall apply to a boundary-fence or boundary-wall which is built in accordance with the following requirements—

(a) the boundary-fence or boundary-wall shall not exceed two meters in height; and

(b) boundary-walls in masonry or concrete shall comply with the provisions of Chapter 5; and

(i) corner-posts and gate-posts shall con-form to the requirements for posts laid down in the Table in subsection

(2), and shall, in addition, he properly stayed in such manner that they will remain plumb when the boundary-fence is strained; and

ii) straining-posts shall be provided at in-tennis of not more than one hundred meters; and
(ii) barbed wire, canvas, sheet iron, corrupted iron or other sheeting shall not be used in the

construction of the boundary-fence; and (iv) all posts shall be plumb and in true lines, and

the fencing-wire shall be drawn tight between them.

(iv) all posts shall be plumb and in true lines and the fencing wire shall be drawn tight between them.

41. BUILDERS’ SHEDS AND TOILETS

Neither the approval of plans complying with the requirements of Part I nor the issue of a certificate in terms of section 39 shall be necessary for the erection of a builder’s shed or toilet if such shed or toilet—(a) is erected and maintained in accordance with the provisions of section 28; and (b) does not exceed the dimensions described in subsection (2) of section

42. REMOVAL OF EXEMPTED STRUCTURES

The Iasi authority may direct the owner or tenant of any site upon which there has been erected a structure falling within the terms of this Part to remove such structure from the site if at any time the structure becomes—

(a) a danger to the health or safety of persons using the site upon which it is constructed or any neighbouring site or public place; or

(b) unsightly or likely to depredate the value of any neighboring premises, or in any way offensive. (2) Notwithstanding the provisions of subsection

(I), the local authority may not direct the removal of any structure in terms of this section without serving written notice upon the owner or tenant concerned—

(a) specifying the reason for the proposed direction; and

(b) giving the owner or tenant thirty days within which to repair the structure or otherwise rectify the objection to the retention thereof specified in the notice; unless the giving of such notice is likely to endanger the health or safety of the public.

(3) No compensation shall be payable by the local authority as a result of the removal of any structure in terms of this section.

CONTROL OF APPEARANCE OCCUPATION AND USE OF BUILDINGS

43. APPEARENCE OF PROPOSED BUILDINGS.

In considering plans submitted for approval in terms of Part 1 the local authority shall regard to

(a) the location on the site of the proposed buildings and

(b) the design and exterior decoration of a pro. posed building; and

(d) the suitability of such a building in the setting for which it is designed; and

(a) urban aesthetics generally.

(2) Notwithstanding the fact that a proposed building will comply with these by-laws in all other respects, the local authority may—

(a) reject the plans of the building: or

(b) require the plans to be modified; if, in the opinion of the local authority, the proposed building is not likely to be in general harmony with the class and character of buildings in the neighbor-hood, or is likely, for any reason whatsoever, to be dangerous or unhealthy.

44.OCCUPTION OF NEW BUIDLINGS

No person shall occupy a new building until—(a) the owner has applied for a certificate of occupation and paid the prescribed fee; and (b) the building has been inspected by the local authority and the local authority has issued the certificate approving the buildings being ready and suitable for occupation: Provided that—(1) subject to considerations of health and safety, the local authority may permit a reasonable number of watchmen to occupy or use a building before the building is approved for occupation; and (ii) the local authority may approve the occupation of part of a building before the whole building is completed, subject to such conditions as the local authority may impose.

45. USE OF SEWERAGE SYSTEMS

No person shall use any new sewerage system until—

(a) the owner has applied for a certificate of approval and paid the prescribed fee; and

(b) the sewerage system has been tested by, or in the presence of, a representative of the local authority in accordance with the provisions of Part VII of Chapter 9; and

(c) the local authority is satisfied that the sewer-age system complies with the requirements of these by-laws and has issued it certificate approving the sewerage system as being duly completed.

46. OCCUPATION AND USE OF BUILDINGS

(I) Save with the written permission of the local authority, no person shall occupy or use a building which has been erected otherwise than in accord-ance with plans and drawings approved by the local authority.

(2) Save with the written permission of the local authority, no person shall occupy or use a building for a purpose other than that for which such building was erected.

(3) No person shall put a building to use in a manner which is liable to depreciate the value of neighbouring properties or to cause a nuisance. *

(4) No person shall permit the occupation or use of a building by persons exceeding the number approved by the local authority.

(5) No person shall subdivide a building in such a manner as—

(a) to be prejudicial to the health or safety of persons using the building or the general public; or

(b) to depreciate the value of neighboring properties or to cause a nuisance.

47. LOADING OF BUILDINGS.

(I) Except for the purpose of a full-scale load test, no person shall. either during construction or after completion thereof, subject a building, or any portion thereof, to a superimposed load greater than—

(a) 200 kilograms over any area of one square meter; or

(b) the load specified in the approved drawings of the building or portion thereof as being the load for which the building or portion is designed; unless the building has been shown, by test conducted by or on behalf of the local authority, to be capable of bearing a greater load.

(2) Where no approved drawings are available for an existing building, no person shall introduce—

(a) any machinery or other heavy article having a mass of more than five hundred kilograms; Or

(b) permit the occurrence or concentration of loads within any part of the building which will result in a floor-loading in excess of 200 kilograms over any area of one square meter; without first causing the loading which the portion of the building concerned will solely sustain to be estimated by a person who, in the opinion of the local authority, is competent to do so.

(3) Any estimate of the load-bearing capacity of a building given in terms of subsection (2) shall be filed with, and retained by, the local authority, and. thereafter, no person shall cause or permit the loading of that building or any part thereof to exceed the capacity determined in such estimate.

(4) Where the local authority considers that there is a risk of overloading any portion of a building whose floors are designed to withstand an imposed load exceeding 300 kilograms per square meter. the local authority may require the owner or occupier of the building to exhibit, on every floor of such building, in a conspicuous position, a notice, in the form of an embossed or stamped metal or other durable plate. clearly stating—(a) the superimposed loading for which the floor is designed; or (b) if the coigns are not available, the safe floor-loading estimated and recorded in terms of subsections (2) and (3). (5) If a floor or storey designed to withstand an imposed load exceeding 300 kilograms per square metre is subdivided into ponions, each designed for a different superimposed loading, the local authority may require notices to be exhibited in each portion of the subdivided floor or storey. in the manner provided for in subsection (4). (6) In (he case of a garage intended to atom-=date vehicles not exceeding two thousand two hundred and filly kilograms gross, the owner of the building shall exhibit, in addition to any notice re-gaited In terms of subsection (4). a similarly made and displayed notice, clearly stating the maximum permissible gross mass of vehicles using the garage.

48. DANGEROUS BUILDINGS

(I) Where a building, or any part of a building. has become, or shows signs of becoming, dangerous, the local authority may, by written notice served upon the owner or, if the owner cannot be found, the occupier of the building—

(a) direct him to take such action as may be specified in the notice, or such other action as may be specified by the local authority, in order to terminate or prevent the danger; and

(b) specify the period within which such action shall be taken: Provided that, if such notice is served upon an occupier, he may notify the local authority that he intends to vacate the building or part concerned within the period specified in terms of paragraph

(b), and, if the occupier does so vacate the building or part concerned, he shall not be obliged to comply with the notice.

(2) Where the local authority proposes to serve a notice in terms of subsection

(I), it shall, before serving such notice—

(a) cause the prospective recipient thereof to bold advised, in writing, of such intention, and of the reasons therefor; and

(ii) afforded a reasonable opportunity of lodging written objections thereto or written representations in respect thereof

(b) consider all objections and representations lodged in terms of paragraph (a)

(3) Where the state of a building or anything in or building is such as to constitute a source of imminent and continuing danger to persons in or in the vicinity of the building the local authority may –

(a) direct any person in the builidng to leave the building forthwith or within such reasonable period as it may specify and

(b)prohibit any person from entering the building and

(c) give directions as to how persons shall enter or vacate the building and as to which parts of the building may be visited or used and

(d) at the expense of the owner erect fences cordons or barrers to restrict the public from approching the building and

(e) take such other measures including the demolition of the building after reasonable notice served upon the owner as it deems necessary in order to safeguard the public and charge the owner for any expenses reasonably incurred in so doing.

(4) The local authority may erect a clearly legible notice, in a conspicuous place outside a dangerous building, or in the vicinity thereof, con-trolling entry into and approach towards the building, and no person shall disregard any such notice. (5) The letters and figures on any notice erected in terms of subsection (4) shall measure not less than fifty millimetres in height. (6) Where the local authority has ordered persons to leave a building, prohibited persons from entering a building, or erected a notice in terms of subsection (4), a police officer may, upon being requested so to do by the local authority, forcibly remove or restrain any person who disregards any such order, prohibition or notice.

49. DILAPIDATED AND UNSIGHTLY BUIDLINGS AND DEFECTIVE SEWERAGE SYSTEMS.

(1) No person shall allow any building con-structed upon premises of which he is the owner be occupier to become—(a) a danger to the health of persons occupying or using the building, or to the health of the public; or

(b) the source of unpleasant fumes, smoke or odors; or

(d) in any other way offensive or embarrassing to the people living or working upon the premises or in the neighborhood: Provided that the occupier of any such premises may avoid liability for a contravention of this sub-section if he proves that—

(a) he is not responsible for the building becoming objectionable in terms of paragraphs (a)

to (d); and (b) he has notified the owner of the building, and called upon him to rectify the situation.

(2) No person shall decorate, adorn or utilize a building or any part thereof in such a way as to make the building—

(a) a danger to the health of persons occupying or using the building, or to the health of the public; or

(b) the source of unpleasant flumes, smoke or odors; or (c) unsightly or a disfigurement to the neigh-bourhood; or

(d) in any other way offensive or embarrassing to people living or working on the premises or in the neighbourhood. (3) If the local authority has reason to believe that any sewerage system has become—

(a) defective, damaged or blocked: and

(b) a danger to the health of persons occupying the premises, or to public health; it may order the owner of the building served by such sewerage system to act in compliance with sub-section (4).

(4) If the local authority has reason to believe that the conditions mentioned in paragraphs

(a) and (b) of subsection (3) exist, it may order the owner of the building concerned—

(a) to satisfy the local authority that the sewerage system has not become defective, damaged or blocked, by carrying out, at the expense of such owner, any one or more of the tests specified in Chapter 9; and

(b) if the sewerage system is shown to be in any way defective. damaged or blocked, to rectify the situation within such reasonable period as the local authority may specify.

PART VI

ENFORCEMENT

50.TESTING OF MATERIALS BY LOCAL AUTHORITY

(I) The local authority shall have the right to test or to have tested any material or thing used or to be used in the construction of any building 07 sewerage system under construction or to be constructed in order to determine whether such material or thing complies with the provisions of these by-laws. (2) For the purpose of subsection (I) the local authority may, at any time and as often as it is reasonably necessary for the purpose of so testing the material or thing, and without prior notice to the builder or plumber, remove from the site concerned so much of the material or thing as is reasonably necessary to serve as a sample.

(3) If any material or thing tested in accordance with subsection (1) does not comply with the requirements of these by-laws the local authority may serve a notice upon the owner of the building or sewerage system concerned-

(a) stating in what respects such material or thing does not comply with such requirements and

(b) prohibiting any person from making any further use of the material or thing for the purpose for which it was to be used or was being used in the construction of the building or sewerage system and

(4) if the local authority serves a notice in terms of subsection (3) the builder or plumber shall within such period as may be specified in the notice remove such material or thing from the site unless the local authority permits such material or thing to be used for some other specified purpose.

(5) Where a person desires to obtain approval to use for a particular purpose any material or thing which is not specifically permitted or prescribed in these bylaws and the local authority is prepared to consider such a request the person concerned may –

(a) submit a report

(a) submit a report from a source acceptable to the local authority on the suitability of such material or thing; or
(b) submit such material or thing for testing by the local authority; or
(c) if required by the local authority, cause to have such material or thing tested by a per- son acceptable to the local authority.
(6) Any costs involved in tests carried out in terms of subsection (5) shall be borne by the person submitting the request, notwithstanding the provisions
of section 57.
(7) The local authority shall permit the use of the material or thing referred to in subsection (5) if the report submitted or the results of the tests demon- strate that such material or thing is at least as suitable for the particular purpose as a material or thing per- mitted or prescribed in these by-laws for that purpose.

51. TESTS CARRIED OUT BY OTHER PERSONS

(1) Where a person other than the local authority is required or permitted to carry out or to cause to be carried out any test of any material or thing, such test shall be carried out by a person recog nized by the local authority as being qualified, whether by experience or by training, to carry out
the test.
(2) The result of a test carried out in terms of subsection (1) shall be submitted to the local authority in the form of a report signed by the person who carried out the test, and such report shall give accurate
details of-
(a) the testing-apparatus; and
(b) the methods or materials used in carrying out the test; and
(c) the conditions under which the test was carried out; and
(d) a detailed description of all results obtained during the entire course of carrying out the
test.
(3) The local authority may require evidence of the experience and training of the person carrying out tests in terms of this section to be furnished to the local authority in order that it may be satisfied as to his competence.
(4) Notwithstanding the provisions of sub- section (3), if a test is carried out by a laboratory approved by the local authority, it shall not be neces- sary to furnish evidence of the experience and training of the person carrying out the test.

52. SAMPLING

Sampling shall be conducted in accordance with the appropriate standard or code of practice or, if there is no such standard or code of practice, in accordance with the requirements of the local authority.

53. ATTENDANCE AT CONSTRUCTION OF PRINCIPAL STRCUTURAL MEMBERS.

(1) The local authority may, by written notice, direct a builder to advise the local authority, not less than twenty-four hours in advance, of the time when he proposes to commence construction of any struc- tural member or other part of the building specified. in the notice, the correct construction of which mem- ber or part is essential to the stability and safety of the whole building or any substantial part thereof.
(2) The builder may give the local authority not. less than twenty-four hours’ notice of his intention to commence the construction of any structural member or other part of the building the correct construction of which is essential to the stability and safety of the whole building or any substantial part thereof.
(3) If the local authority has directed that it be advised of the commencement of any work in terms of subsection (1), the builder shall not commence to construct the member or part of the building specified in the notice earlier than the time which he has advised the local authority as being the time when he proposes to commence such construction.

54. CUTTING INTO LAYING OPEN DEMOLISHING AND INVESTIGATING WORK

(1) If the local authority, after a full and proper investigation, has reasonable grounds to believe that-
(a) any building or sewerage work has been undertaken otherwise than in accordance. with approved plans; and
(b) the failure to comply with the plans might result in the building or any part thereof being unstable or in any way dangerous, or the sewerage system being in any way un- satisfactory:
and if the work on the building or sewerage system has progressed so far that it is not possible to ascertain whether or not the plans have been properly followed, the local authority may, by written notice, order the builder or plumber to cause the portion of the work concerned to be cut into, laid open or demolished for investigation to such an extent as may be specified in the notice.
(2) The notice referred to in subsection (1) may specify the time within which such work shall be undertaken.
(3) Where any work is to be cut into, laid open, or demolished for investigation in accordance with an order served in terms of subsection (1), no person shall carry out further work on such building or sewerage system if such further work is to be supported by the work which is to be tested.,

55. FULL- SCALE LOAD TESTS.

(1) Instead of serving a notice in terms of section 54, the local authority may, in the circum- stances set out in that section, by written notice
(a) order the builder to carry out a full-scale load-test of the building work specified in the notice; and
(b) specify the time within which such test shall be carried out.
(2) Where a builder has received a notice in terms of section 54, he may, not later than forty-eight hours before the expiry of the time specified in the notice, apply to the local authority for permission to carry out a full-scale load-test of the work concerned, instead of cutting into, laying open or demolishing the work.
(3) An application in terms of subsection (2) shall suspend the effect of the notice served in terms of section 54 until the application has been deter- mined by the local authority.
(4) If the local authority is satisfied that a full- scale load-test will render it unnecessary to cut into, lay open or demolish the work referred to in the notice served in terms of section 54, it shall–
(a) grant to the builder written permission to carry out such test; and
(b) specify the work in respect of which such test may be carried out; and
(c) specify the period within which such test shall be carried out;
whereupon the notice served in terms of section 54 shall, to that extent, be deemed to have been with- drawn.
(5) If any person to whom permission has been given in terms of subsection (4) fails to carry out the load-test within the period specified by the local authority, the permission to carry out such test shall lapse, and the builder shall comply with the notice served in terms of section 54 within such further period as may be specified by the local authority.
(6) Any load-test carried out in terms of this section shall be carried out in accordance with the requirements for such tests prescribed in the standard relevant to the type of work and specified in Chapter 3.
(7) Where any work on a building is to be tested in terms of this section, no person shall carry out further work on such building if such further work is to be supported by the work which is to be tested.
(8) Where any work fails to pass a load-test, the builder shall forthwith demolish such work.

(9) Notwithstanding the provisions of sub- section (8), the local authority may permit the builder to do such other things in relation to such work as it may specify, and the builder shall complete the doing of such other things within any period specified by the local authority.
(10) If the builder fails to avail himself of per- mission given in terms of subsection (9) within the period specified by the local authority, the permission shall lapse.

56. RECTIFICATION OF NON-COMPLIANCE WITH BY-LAWS.

(1) Subject to the provisions of this section, if any person fails to comply with any provision of these by-laws, the local authority may serve written notice upon such person-
(a) setting out the respect in which such non-
compliance has occurred or is occurring; and (b) directing the recipient of the notice to take such action, including the demolition of buildings, sewerage works, or any other. structures which do not conform with the provisions of these by-laws, or which o are constructed in contravention of plans. approved by the local authority, as the local authority may specify in order to rectify. the situation arising from such non-compliance; and
(c) fixing a period, which shall not be less than seven days, and which is reasonable in all the circumstances, for such action to be taken; and
(d) advising the recipient-regab (i) where the notice is served by an employee referred to in subsection (1) of section 93 of the Act, of his rights under subsection (2) of that section; and (ii) that, should he fail, within the period specified in the notice, to take the action specified therein, the local authority will, upon or after a date specified therein- A. enter upon the site referred to; and B. in terms of subsection (6), take the action which the recipient was called upon to take, and charge. such person the cost of the action so taken.
(2) Where the local authority proposes to serve a notice in terms of subsection (1), it shall, before serving such notice-
(a) cause the prospective recipient thereof to
be
(i) advised, in writing, of such intention, and of the reasons therefor; and
(ii) afforded a reasonable opportunity of lodging written objections thereto or written representations in respect thereof; and
(b) consider all objections and representations. lodged in terms of paragraph (a).
(3) Where the non-compliance referred to in the written notice given in terms of subsection (1) relates to work then under construction or to any act then being performed, the recipient of such notice shall, unless the local authority otherwise authorizes, forth- with discontinue such work or act, as the case may be.
(4) The recipient of a notice served in terms of subsection (1) shall comply with the notice within the period specified therein:
Provided that
(1) where the matter has, within the period so specified, been brought to the attention of the appropriate head of department or of the

local authority in terms of subsection (2) of. section 93 of the Act, and the decision to issue the notice has been confirmed, the head of department or local authority as the case may be, shall fix a new period, of not less than seven days, within which the action specified in the notice shall be taken;
(ii) the local authority may extend the period within which the recipient shall comply with
the notice.
(5) Notwithstanding the expiry of the period specified in the notice or fixed in terms of this section, the obligation to comply with such notice shall continue unless and until the local authority exercises the powers conferred upon it by subsection (6).
(6) Where the recipient of a notice served in terms of subsection (1) fails to comply with the notice within the period specified in the notice or otherwise fixed in terms of this section, the local authority may enter upon the site referred to in the notice and take such action as the recipient of the notice was directed to take in terms of the notice, and charge such recipient of the notice the cost of the action so taken.

57. COSTS OF CONDUCTING TESTS AND INVESTIGATIONS.

The local authority shall bear the cost of testing any material or thing in accordance with section 50:
Provided that, if the test reveals that the material or thing does not comply with these by-laws or the plans approved by the local authority, the local authority may recover the cost of conducting the test from the builder, plumber or owner of the building or sewerage system concerned.
(2) Where any test is carried out by a person. other than the local authority in terms of section 51, such person shall bear the cost of the test:
Provided that, if the test indicates that the material or thing did, in fact, comply with these by-laws or the plans approved by the local authority, the local authority shall refund the cost of such test to the person who incurred that cost.
(3) Subject to the provisions of subsections (4) and (5) the builder, plumber or owner of the building or sewerage system concerned shall bear the cost of any investigations or load-tests carried out in compliance with a notice served in terms of section 54 or 55.
(4) If any work referred to in subsection (3) is found to have been carried out substantially in accord- ance with plans and drawings approved by the local authority, the local authority shall fully compensate the person who undertook the work for the cost of undertaking investigations or tests and the cost incur red in repairing or reconstructing the work.
(5) Notwithstanding the provisions of subsection (3), if-
(a) the local authority has had an opportunity of attending at the construction of any structural member or part of a building in

accordance with advice or notice given in terms of section 53; and
(b) the local authority wishes to exercise its powers in terms of section 54 or 55 in respect of work at the undertaking of which it did. attend or had sufficient notice to attend;
the local authority shall bear the cost of carrying out the investigation or load-test:
Provided that, if the investigation or test reveals any failure to follow the approved plans or specifica- tions, or any other structural defect or deficiency, the local authority may order the person undertaking the building or sewerage work to compensate the local authority in such amount as may be agreed upon or determined by arbitration.

PART VII

DEPATURES

58. AUTHORISATION OF DEPATURE

. A departure from the provisions of these by- laws may be authorized only in accordance with the provisions of this Part.

59. VARIATIONS COMMITTEE

Any reference in these by-laws to a variations committee shall be construed as a reference to a variations committee, appointed by the Minister, which complies with and acts in accordance with the provisions set out in the Schedule.

INDEX-CHAPTER 2

Administration

Arrangement of sections

Preliminary

PART IIPRELIMINARIES TO UNDERTAKING OF BUILDING AND SEWERAGE WORKS, AND GENERAL CONDUCT THEREOF

Part III

Projections and Encroachments.

Part IV

Exempted Buildings

PART V CONTROL OF GENERAL APPEARANCE, OCCUPATION AND USE OF BUILDINGS

PART VII

DEPARTURES

1. TITLE

2. INTERPRATION

3. FEES: GENERAL PROVISIONS.

4.REFUND OF FEES.

5. NO BUILDING OR SEWERAGE WORK TO BE UNDERTAKEN WITHOUT APPROVAL OF LOCAL AUTHORITY.

6. PLANS TO BE SUBMITTED: NEW WORK.

7. NO ALTERATIONS OR ADDITIONS WITHOUT APPROVAL OF LOCAL AUTHORITY.

8.Plans To Be Submitted : Alterations, Additions And Partial Re-Elections.

9.SUBMISSION OF PART-PLANS.

10. MATERIALS TO WHICH PLANS TO BE PREPARED.

11. SCALES TO WHICH PLANS TO BE DRAWN.

12. COLORS TO BE USED ON PLANS.

13. CONTENT OF SITE PLANS.

14. CONTENT OF WORKING DRAWINGS.

15. CONTENT OF SEWERAGE AND DRAINAGE PLANS.

16.ACCURACY OF PLANS.

17. RECEIPT AND CONSIDERATION OF PLANS.

CUSTODY OF APPROVED PLANS 18.

BUILDING AND SEWERAGE WORK TO BE CARRIED OUT IN ACCORDANCE WITH APPROVED PLANS 19.

ALTERATIONS TO, AND DEPARTURES FROM, APPROVED PLANS 20.

PRIOR APPROVAL OF PLANS UNNECESSARY FOR URGENT SEWERAGE WORK 21.

INTERFERENCE WITH PAVEMENTS, • STREETS AND PUBLIC PLACES 27.

BUILDERS’ SHEDS AND TOILETS 28.

PLANS TO BE KEPT ON SITE 29.

INSPECTION OF EXCAVATIONS AND FOUNDATIONS 30.

GENERAL CONDUCT OF BUILDING OPERATIONS 31.

32.REMOVAL OF SHEDS AND RUBBLE, AND REPAIR OF PUBLIC PLACES

PART III

PROJECTIONS AND ENCROACHMENTSPERMISSION TO BE OBTAINED FOR

33. PROJECTIONS AND ENCROACHMENTS

34.GRANTING OF PERMISSION

35. PERMIT-FREE ENCROACHMENTS

36. CONSTRUCTION OF PROJECTIONS AND ENCROACHMENTS

37 REMOVAL OF PROJECTIONS AND ENCROACHMENTS .

38 DECORATIONS FOR PUBLIC CELEBRATIONS

PART IV

EXEMPTED BUILDING.

39.CERTIFICATES FOR MINOR STRUCTURES

40. GARDEN STRUCTURES AND FENCES

TABLE: SUPPORTING POSTS OR COLUMNS

41. BUILDERS’ SHEDS AND TOILETS

42. REMOVAL OF EXEMPTED STRUCTURES

CONTROL OF APPEARANCE OCCUPATION AND USE OF BUILDINGS

43. APPEARENCE OF PROPOSED BUILDINGS.

44.OCCUPTION OF NEW BUIDLINGS

45. USE OF SEWERAGE SYSTEMS

46. OCCUPATION AND USE OF BUILDINGS

47. LOADING OF BUILDINGS.

48. DANGEROUS BUILDINGS

49. DILAPIDATED AND UNSIGHTLY BUIDLINGS AND DEFECTIVE SEWERAGE SYSTEMS.

PART VI

ENFORCEMENT

50.TESTING OF MATERIALS BY LOCAL AUTHORITY

51. TESTS CARRIED OUT BY OTHER PERSONS

52. SAMPLING

53. ATTENDANCE AT CONSTRUCTION OF PRINCIPAL STRCUTURAL MEMBERS.

54. CUTTING INTO LAYING OPEN DEMOLISHING AND INVESTIGATING WORK

55. FULL- SCALE LOAD TESTS.

56. RECTIFICATION OF NON-COMPLIANCE WITH BY-LAWS.

57. COSTS OF CONDUCTING TESTS AND INVESTIGATIONS.

PART VII

DEPATURES

58. AUTHORISATION OF DEPATURE

59. VARIATIONS COMMITTEE

APPLICATIONS IN RESPECT OF A PARTICULAR BUILDING, SITE OR HOUSING PROJECT

60. APPLICATIONS IN RESPECT OF A PARTICULAR BUILDING SITE OR HOUSING PROJECT.

61. CONSIDERATION BY LOCAL AUTHORITY OF APPLICATIONS

62. APPLICATIONS FOR SPECIFIED PRUSPOSES OR ALL PURPOSES GENERALLY

PART II
PRELIMINARIES TO UNDERTAKING OF BUILDING AND SEWERAGE WORKS, AND GENERAL CONDUCT THEREOF

PROJECTIONS AND ENCROACHMENTS
PERMISSION TO BE OBTAINED FOR