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Section 126A of Public Health Act CAP 242: By-laws as to buildings and sanitation

    

(1) Every municipal council and every urban and area council may, and shall if so required by the Minister for the time being responsible for local government with the agreement of the Minister, make by-laws for all or any of the following matters—
(a) as regards buildings—
(i) for controlling the construction of buildings, and the materials to be used in the construction of buildings;
(ii) for controlling the space about buildings, the lighting and
ventilation of buildings and the dimensions of rooms intended for human habitation;
(iii) for controlling the height of buildings, and the height of
chimneys (not being separate buildings) above the roof of the buildings of which they form part;
(iv) for prohibiting the erection or use of temporary or movable buildings, whether standing on wheels or otherwise, and for prohibiting or restricting the use of tents or similar buildings for business or dwelling purposes;
(v) for requiring and regulating adequate provision for the escape of the occupants of any building in the event of an outbreak of fire;
(vi) for preventing the occupation of a new or altered building until a certificate of the fitness thereof for occupation or habitation has been issued by such local authority;
(vii) to compel employers to provide housing for their employees;
(viii) to compel owners to repair or demolish unsafe dangerous or dilapidated buildings;
(b) as regards works and fittings—
(i) for regulating sanitary conveniences in connexion with buildings, the drainage of buildings (including the means for conveying refuse water and water from roofs and from yards appurtenant to buildings), the cleansing, drainage and paving of courts, yards and open spaces used in connexion with buildings and cesspools, and other means for the reception or disposal of foul matter in connexion with buildings;
(ii) for regulating excavations of any kind in connexion with buildings;
(iii) for regulating wells, tanks and cisterns for the supply of water for human consumption in connexion with buildings;
(iv) for regulating stoves and other fittings in buildings (not being electric stoves or fittings), in so far as by-laws with respect to such matters are required for the purposes of health and the prevention of fire;
(v) for regulating private sewers and communications between drains and sewers and between sewers;
(vi) for regulating the erection and use of scaffolding and hoarding during the construction, demolition, repair, alteration or extension of any building;
(vii) for prohibiting, securing the removal of and regulating
projections and obstructions in front of buildings, and projections over streets,
but no such by-law shall be inconsistent with or repugnant to any written law in force in the same area made under any other provision of this Act.
(2) By-laws made under this section may include provisions—
(a) as to the giving of notices and the deposit of plans, sections, specifications and written particulars; and
(b) as to the inspection of work the testing of drains and sewers, and the taking by such local authority as aforesaid of samples of materials to be used in the construction of buildings, or in the execution of other works, and for the payment of such reasonable charges and fees as the local authority may determine, for the doing of any of the things aforesaid.
(3) By-laws under subparagraphs (i), (ii) and (iii) of subsection (1)(a) may be made with respect to—
(a) structural alterations or extensions of buildings, and buildings so far as affected by alterations or extensions;
(b) buildings or parts of buildings in cases where any material change, within the meaning of subsection (4), takes place in the purposes for which a building or, as the case may be, a part of a building is used,
and, so far as they relate to the matters mentioned in this subsection, may be made to apply to buildings erected before the date on which the by-laws came into force, but, save as aforesaid, shall not apply to buildings erected before that date.
(4) For the purposes of subsection (3), there shall be deemed to be a material change in the purposes for which a building, or a part of a building, is used if—
(a) a building, or a part of a building, being a building or part which was not originally constructed for occupation as a dwelling, or which though so constructed has been appropriated to other purposes, becomes used as a dwelling; or
(b) a building, or a part of a building, being a building or part which was originally constructed for occupation as a dwelling by one family only, becomes occupied by two or more families; or
(c) where by-laws contain special provisions with respect to buildings used for any particular purpose, a building or a part of a building, being a building or part not previously used for that purpose, becomes so used.
(5) The procedure for the making, approval and publication of by-laws made under this section shall be that prescribed in the Local Government Act (Cap. 265), and for the purposes of the enforcement thereof and the disposal of fines imposed for contravention thereof such by-laws shall be deemed to be by-laws made by the same local authority under that Act.
(6) Rules may be made under any other provision of this Act notwithstanding that they may be inconsistent with or repugnant to any by-law made under this section and in force in the area to which such rules apply, and to the extent, if any, of such inconsistency or repugnancy as aforesaid, the rules shall prevail.

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