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Testing of drains on report of defects. 45.(1) If ... the [district council] ... has reasonable grounds for believing that any drains of any building are so defective as to be [prejudicial] or dangerous to health, the [council] may ... apply the smoke or coloured water test, or other similar test (not including a test by water under pressure), to the drains, subject to the condition that either the consent of the owner or occupier of the building must be given to the application of the test, or an order of a court of summary jurisdiction having jurisdiction in the place where the building is situated must be obtained, authorising the application of the test. (2) If on the application of the test the drains are found to be defective, the [district council] may, by notice specifying generally the defect, require the owner of the premises to do all works necessary for remedying it within a reasonable time named in the notice, and if the owner fails so to do the work the [council] may themselves do the work, and the expense of so doing the work may either be recovered from the owner of the building summarily as a civil debt or may be declared by the [council] to be private improvement expenses, and may be recoverable accordingly. (3) The owner and occupier of any building shall give all reasonable facilities for the application of any test which has been consented to or authorised in pursuance of this section, and, if the owner or occupier fails to do so, he shall be liable in respect of each offence to a penalty not exceeding [#2] and to a daily penalty not exceeding [#1].
© 1907 Crown Copyright
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