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PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 39

Provision and conversion of closet accommodation.

39.(1) In this section unless the context otherwise requires

The expression "closet accommodation" includes a receptacle for human excreta,
together with the structure comprising such receptacle and the fittings and
apparatus connected therewith;

The expression "pail closet" means closet accommodation including a moveable
receptacle for human excreta;

The expression "water-closet" means closet accommodation used or adapted or
intended to be used in connection with the water carriage system, and
comprising provision for the flushing of the receptacle by means of a fresh
water supply, and having proper communication with a sewer;

The expression "slop-closet" means closet accommodation used or adapted or
intended to be used in connection with the water carriage system, and
comprising provision for the flushing of the receptacle by means of slops or
waste liquids of the household or rain water, and having proper communication
with a sewer;

The expression "a sufficient water supply and sewer" means a water supply and
a sewer which are sufficient and reasonably available for use in, or in
connection with, the efficient flushing and cleansing of, and the efficient
removal of excreta from such number of proper and sufficient water-closets and
slop-closets, or from such one or more of either class of closet as, in
pursuance of this section, may be required to be provided in any particular
case.

(2) Within one month after the deposit of any plan by a person intending to
erect a new building, the [district council], where there are
a sufficient water supply and sewer, may by written notice to that person
require the new building to be provided with such number of proper and
sufficient water-closets and slop-closets, or with such one or more of either
class of closet, as the circumstances of the case may render necessary.

Any person who fails to comply with any requirement of the [district council]
under this subsection shall be liable to a penalty not exceeding five pounds
and to a daily penalty not exceeding [#2].

(3) If, ..., the [district council] are satisfied that sufficient
closet accommodation has not been provided at or in connection with a
building, and the case is not one in which sufficient closet accommodation can
be provided by the alteration of any existing closet accommodation in
pursuance of this section, the [district council], where there are
a sufficient water supply and sewer, may by written notice to the owner or
owners of the building require the building to be provided with such number of
proper and sufficient water-closets and slop-closets, or with such one or more
of either class of closet, as the circumstances of the case may render
necessary.

If the owner or owners of the building fail to comply with any requirements of
the [district council] under this subsection, the [council] may, at the
expiration of a time which shall be specified in the notice and shall be not
less than fourteen days after the service of the notice, do the work required
by the notice, and may recover summarily as a civil debt from the owner or
owners the expenses incurred by the [council] in so doing.

(4) The [district council], where there are
a sufficient water supply and sewer, may by written notice to the owner or
owners of a building require any existing closet accommodation (other than a
water-closet or a slop-closet) provided at or in connection with the building
to be altered, so as to be converted into a water-closet or slop-closet.

If the owner or owners of the building fail to comply with any requirements of
the [district council] under this subsection, the [council] may, at the
expiration of a time which shall be specified in the notice and shall not be
less than fourteen days after the service of the notice, do the work required
by the notice.

Where in pursuance of this subsection any work of alteration is done by the
[district council] in default of the owner or owners in respect of a
pail closet, the expenses of the work shall be borne by the [council], and
where in pursuance of this subsection any work of alteration is done by the
[council] in default of the owner or owners in respect of any existing
closet accommodation other than a pail closet, one half of the expenses of the
work shall be borne by the [council], and the remainder of the said expenses
shall be borne by the owner or owners and shall be recoverable summarily as a
civil debt.

Every notice in pursuance of this subsection shall state the effect of the
subsection.

(5) Nothing in this section shall have effect with respect to a slop-closet,
unless or until the Local Government Board for Ireland have been satisfied by
the [district council], and have by order declared that the circumstances of
the district of the [council] are such as to render it necessary or expedient
that this section shall have effect with respect to a slop-closet.

Any order in pursuance of this subsection shall be published in such manner as
the Local Government Board for Ireland direct.

© 1907 Crown Copyright

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