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eThekwini
South Africa
South Africa
Public Health By-law, 1911
- Published in KwaZulu-Natal Provincial Gazette no. 93 on 28 December 1911
- Commenced on 27 December 1911
- [This is the version of this document from 28 December 1911 and includes any amendments published up to 1 December 2022.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Prohibited trades, etc.
No person shall—1bis.
The owner of any premises shall ensure that all water supply pipes, including flush and sparge pipes, and all cisterns, taps or other water fittings or apparatus on such premises are maintained in good repair, order and condition, and provided, where necessary, with a constant, uninterrupted and adequate supply of water, and shall, whenever necessary, repair, renew or make good any such pipe, cistern, tap or other fitting or apparatus which becomes leaky, defective, broken, in disrepair or internally obstructed.[R. 1(bis) inserted by PN 3 of 1944 and substituted by PN 178 of 1958.]1ter.
2.
Any person being—2A. Nondiscrimination.
3. Maintenance of Cleanliness.
3bis.
4. House, bedding, clothing, etc., to be purified on notice from Health Officer.
If any house or part thereof or any article of bedding or clothing therein, is in such a filthy or unwholesome condition as to be a nuisance or likely to be injurious to public health, and if the occupier of such house or part thereof fails to promptly clean such house or part thereof or any article as aforesaid therein on receiving notice from the Medical Officer of Health or Inspector of Nuisances, requiring him, the said occupier, to clean and purify such house, or part thereof or any article as aforesaid therein, such Medical Officer of Health or Inspector of Nuisances is hereby authorised to cause such cleaning and purification of such house or part thereof or any such article, as he may deem necessary for the protection of public health.5. Keeping animals so as to be a nuisance.
Any person—5bis.
6. Stables.
No person shall keep any horse or any other draught animal or any cattle in any stable or other building of which the floor is not properly and sufficientlypaved, or otherwise so prepared and maintained as to prevent stagnation of any urine or other liquid on such floor or the absorption by the ground of liquids or other noxious matter, or which floor is not provided with a sufficient drain constructed in such a manner and of such materials and maintained at all times in such condition as effectually to convey all urine or other liquids therefrom into a drain or other proper receptacle.7. Mosquitoes, flies, rats, etc.
8. Removal of weeds, undergrowth, etc.
8bis.
[R. 8(bis) inserted by PN 491 of 1948, amended by r. 3 of PN 139 of 1971 and deleted by PN 660 of 1973.]9. Smoke from furnaces, chimneys, etc.
Every fireplace or furnace in connection with any engine, mill, manufactory, bakery, or other business or trade process shall be so constructed or so regulated or used as to consume, as far as practicable, the smoke arising from the combustible matter used therein, and every chimney of any such engine, mill, manufactory, bakery or other place where any business or trade is carried on shall be carried to such a height as the Council may from time to time in each particular case direct.Any person using any fireplace or furnace as aforesaid, which shall not consume, as far as practicable, the smoke arising from the combustible matter used therein, orAny person using any engine, mill, or carrying on any manufactory, bakery, or other business or trade who shall allow smoke or soot from any chimney in connection with any such engine, mill, manufactory, bakery, or other business or trade process, to be emitted in such quantity as to be a nuisance, orAny person using any engine, mill, or carrying on any manufactory, bakery, or other business or trade who shall fail to construct or raise to such a height any chimney in connection therewith, as the Council may from time to time direct,shall be deemed to have contravened this By-law.10. Nuisance arising from defective premises.
The owner of any premises shall—11. Water from roof of premises, how to be conveyed away.
No owner or occupier of any house or building shall permit or suffer the water from the roof or top of any such house or building, or from any balcony, verandah, or portico belonging thereto, to be conveyed or to pass or fall to the ground on any street or public thoroughfares otherwise than by suitable eaves-troughing and down-piping, and no owner or occupier of any such house or other building shall permit or suffer the water from the roof or top of any such house or building, or from any balcony, verandah, or portico belonging thereto, to fall upon or flow or pass over any public footpath or thoroughfare, but such water shall be conveyed across and below the surface of any footpath into the gutter or channel of any street or thoroughfare by proper and substantial pipes or other appliances, subject to the approval of the City Engineer.12.
[R. 12 substituted by r. (i) of PN 561 of 1959, amended by para. (a), (b) and (c) of PN 462 of 1961, by r. 4 (i) and (ii) of PN 139 of 1971, by r. 1 of PN 612 of 1971, by r. 1 and r. 2 of PN 118 of 1978 and deleted by PN 97 of 1985.]13. Removal of Refuse.
14.
[R. 14 substituted by r. (iii) of PN 61 of 1959 and deleted by PN 97 of 1985.]15.
[R. 15 amended by r. (iv) of PN 61 of 1959 and deleted by PN 97 of 1985.]15bis.
[R. 15bis inserted by r. (v) of PN 61 of 1959, substituted by r. 4 of PN 612 of 1971, amended by Proc. No. 199 of 1971, by r. 1 of PN 119 of 1972, by r. 2 (i) and (ii) of PN 660 of 1974, by para. (C) 5 of MN 96 of 1976, by r. 2 of MN 124 of 1977, by r. (4) of MN 161 of 1979, by MN 62 of 1981 and by r. 10 and r. 11 of MN 156 of 1982, by r. 9 and r. 10 of MN 84 of 1983, by r. 5, r. 6 and r. 7 of MN 98 of 1984 and deleted by PN 97 of 1985.]15ter.
[R. 15ter inserted by PN 114 of 1972, amended by para. (a) of PN 391 of 1981 and deleted by PN 97 of 1985.]15quat.
[R. 15quat inserted by PN 114 of 1972 and deleted by PN 97 of 1985.]15quin.
[R. 15 quin inserted by PN 391 of 1981 and deleted by PN 97 of 1985.]15sext.
[R. 15sext inserted by PN 391 of 1981 and deleted by PN 97 of 1985.]15sept.
[R. 15sept inserted by PN 391 of 1981 and deleted by PN 97 of 1985.]16.
[R. 16 amended by r. (ii) of PN 406 of 1956, substituted by r. (vi) of PN 61 of 1959 and deleted by PN 97 of 1985.]17.
[R. 17 substituted by r. (vii) of PN 61 of 1959, amended by PN 26 of 1977 and deleted by PN 97 of 1985.]Slaughter of animals
18. Place of Slaughter.
No person shall slaughter or cause or permit to be slaughtered any animal or bird within the City except as such place or places as shall be appointed or approved by the Medical Officer of Health; provided that this shall not apply to any case where—19. Introduction of Meat.
20. Inspected Meat.
No person shall sell, expose for sale, use or have in his possession in any premises, or cause or permit the same, any meat which has not been duly inspected, passed and marked or stamped in accordance with these By-laws unless such meat—(a)is not intended for consumption; or(b)is intended for the consumption by such person or his household exclusively; or(c)is being conveyed or detained in accordance with the requirements of Section 19.[R. 20 amended by PN 48 of 1983, by r. (i) of PN 340 of 1966 and substituted by r. 3 of PN 585 of 1975.]Prevention of overcrowding or persons in houses and workshops
21. Provisions for preventing overcrowding.
The following provisions shall have effect for the purpose of preventing the overcrowding of premises and buildings with human beings—21bis. Overcrowding, etc., in Flats in Ocean Beach Area.
22. 8,5m3 to be allowed for each person.
There shall not be a greater number of persons employed in any factory, workshop, or workroom than such factory, workshop, or workroom contains space for on the calculation of 8.5m³ for each and every person employed or being therein.Any person, the occupier of, or person carrying on any business or trade in any such factory, workshop, or workroom in which a greater number of persons shall be or shall be employed than such factory, workshop, or workroom contains space for on the aforesaid calculation, shall be deemed to have contravened this By-law.[R. 22 amended by r. 9 of PN 139 of 1971.]23. Floors, Light and Ventilation of Houses.
No person shall let, hire, occupy, or cause or allow to be let, hired, or occupied for human habitation any house, building, barrack, room, or apartment unless the ground floor shall be constructed of concrete, tiles, or boards, or of such other material as will admit of thorough cleansing, nor in case of any boarded floor unless there shall be a clear space of 225 mm least in every part between such floor and the ground, and with sufficient through ventilation between such floor and such ground.[R. 23 amended by r. 10 of 1971.]24. Windows.
No person shall let, hire, occupy, or cause or allow to be let, hired, or occupied for human habitation any house, building, barrack, room, or apartment unless there shall be in such house, building, barrack, room or apartment one or more windows of an area equal at least to one-tenth of the floor space of such house, building, barrack, room, or apartment, and so constructed that one-half at least of every such window can be opened at all times into the external air.25. Ventilation.
No person shall let, hire, occupy, or cause or allow to be let, hired, occupied for human habitation any house, building, barrack, room, or apartment unless there shall be provided special and adequate means of ventilation in addition to any window or chimney which may be in such house, building, barrack, room, or apartment.25A. Sleeping Rooms.
No person shall let, hire, occupy, or cause or allow to be let, hired, occupied any room for sleeping in—(a)which was approved as—(i)a kitchen, pantry or food preparation room;(ii)a bathroom, water closet, privy or laundry;(iii)a hallway, stairway, landing or passage; or(b)which does not comply with the relevant standards prescribed in the Building By-laws relating to minimum dimensions, and lighting and ventilation by natural means.[R. 25A inserted by PN 471 of 1972.]Relating to privies and cesspools
26. Privies.
No persons shall have or use a privy at any place within the Borough where sewerage is available. Provided that this shall not apply to any privy which the Inspector of Nuisances may authorise to be used on any premises as a temporary convenience and for a specified time only.Every privy shall be—27. Repair.
Every owner or occupier of premises shall make such necessary privy or water-closet provision as shall be requisite for the proper accommodation of the persons residing or being employed on or using such premises, and shall also maintain every such privy or water-closet in a proper condition of repair.[R. 27 amended by PN 529 of 1953.]28. Night soil buckets.
No occupier of premises shall put or allow to be put into any night soil receptacle in any privy any matter other than faecal matter, disinfectants only excepted.29. Cesspools.
No person shall construct a cesspool or allow a cesspool to be on his premises.Houses unfit for habitation
30. Notices to owners.
Where a notice, in the form hereunto appended, or to be like effect, signed by the Town Clerk, has been duly served upon the owner of a building or part of a building, by which notice such owner shall be informed that it has been represented to the Town Council that such building or part of a building is unfit for human habitation, and that, unless on or before such day as shall be specified in such notice, such owner by a statement in writing under his hand, or under the hand of his agent, and addressed to and duly served upon the Town Clerk, shall, in the opinion of the Town Council, show sufficient cause why such building or part of a building shall not be declared unfit for human habitation, or unless, on such day and at such time and place as shall be specified in such notice, such owner personally or by his agent shall attend before the Council, and, in the opinion of the Town Council, show sufficient cause why such building or part of a building shall not be declared unfit for human habitation, the Council may declare such building or part of a building unfit for human habitation, and direct that such building or part of a building shall be closed, and prohibit the use of human habitation of such building or part of a building until the same shall have been rendered fit for human habitation and authority given by the Council, in writing, for such building or part of a building to be again used for human habitation.Any where such owner shall disregard any notice as aforesaid served by the Corporation or fail to show sufficient cause to such Council why such building or part of a building shall not be declared unfit for human habitation the Council may declare that such building or part of a building is unfit for human habitation and direct that such building or part of a building shall be closed and the use thereof for human habitation prohibited until such building or part of a building shall have been rendered fit for human habitation and authority given by the Council, in writing, for such building or part of a building to be again used for human habitation—Any person who shall inhabit or continue to inhabit or cause or suffer to be inhabited such building or part of a building after having been served with notice of such declaration of unfitness by the Council and before the aforesaid authority in writing shall having been given for such building or part of a building to be again used for human habitation shall be liable to be prosecuted for contravening this By-law.Form of notice
Town Office,DurbanToWhereas by a statement in writing under the hand of ……………………, Medical Officer of Health, of which statement a copy is hereunto annexed, it has been certified to the Town Council that a certain building or part of a building situate at …………………………………………………………………………………………… within the Borough of Durban is unfit for human habitation.And whereas it has been shown to the said Council that you are the owner of such building;Now, I ………………………………………………………………………, Town Clerk to the said Council, do hereby give you notice that, unless on or before the …………………… day of ……………………………19…………, by a statement in writing under your hand or under the hand of an agent duly authorised by you in that behalf, and addressed to any duly served upon or delivered to the said Council, you shall show to the said Council sufficient cause why such building or part of a building shall not be declared unfit for human habitation;Or unless you shall attend personally or by an agent duly authorised in that behalf before the said Council on day of 19…………, at ……………… o’ clock in the noon, and shall then and there show to the said Council ……………… on …………………… day of …………………………, 19…………, at ……………… o’clock in the noon, and shall then and there show to the said council sufficient cause why such building or part of a building shall not be declared unfit for human habitation;The said Council may declare that such building or part of a building is unfit for human habitation, and direct that such building or part of a building shall be closed and the use thereof for human habitation prohibited, until such building or part of a building shall have been rendered fit for human habitation and authority given by the Council in writing, for such building or part of a building to be again used for human habitation.Witness my hand, this …………………………………………………… day of …………………………………………, 19……………….Town ClerkRelating to infectious diseases and quarantine
31. If any person—
32. Handling of goods likely to cause infection may be stopped.
The Medical Officer of Health is hereby authorised and empowered to stop the removal or handling of goods, articles, or materials which, in the opinion of the Medical Officer of Health, are likely to convey infection. A written order prohibiting such removal and handling shall be served on the owner of, or person under whose care or control such goods, articles or materials may be, and no person shall remove or handle, or in any way attempt to remove or handle such goods, articles or materials, after such order shall have been so served, until the order prohibiting such removal has been cancelled in writing by the Medical Officer of Health. The Medical Officer of Health may further, on an order countersigned by the Mayor, order the whole or any part of such goods, articles or materials, the removal or handling of which shall have been prohibited as aforesaid, to be destroyed or otherwise dealt with as he may consider necessary to prevent the spread of infection, and any person failing to comply with such written order or who removes or handles or attempts to remove or handle any such goods, articles and materials after such prohibitive order shall be deemed to have contravened this By-law.33. Children suffering from infectious diseases restricted as regards attending school.
Every parent or person having care or charge of a child who is or has been suffering from any infectious disease, or resides in a house where such disease exists, or has existed within a period of three months, who shall knowingly or negligently permit such child to attend school without procuring and producing to the teacher or other person in charge of such school a certificate from the Medical Officer of Health, which he shall grant free of charge, that such child has become free from disease and infection, and that the house and everything therein exposed to infection has been disinfected to the satisfaction of the Medical Officer of Health, shall be deemed to have contravened this By-law.34. Contravention by teacher.
Any teacher or person in charge of any school who shall knowingly permit any child as aforesaid to attend such school without first receiving from the parent or guardian of such child a certificate as aforesaid shall be deemed to have contravened this By-law.35. Person suffering from infectious disease may be removed under order signed by Mayor.
When any person is suffering from any infectious disease and is without proper lodging or accommodation, or is so lodged that proper precautions cannot be taken for preventing the spread of the disease, or is lodged in a room occupied by others besides those necessarily in attendance on such person, or in any lodging-house, boarding-house, hotel, or any other premises where such person cannot be effectually isolated so as to prevent the spread of the disease, the Medical Officer of Health may, with an order countersigned by the Mayor, direct the removal of such person at the cost of the Council to any suitable hospital, or place provided or used for the reception of the sick, and his detention therein for so long as he continues in an infected condition, or may direct the removal from the room or house occupied by such person of all others not in attendance on him, the Council providing suitable accommodation for such person or persons. Any person who wilfully disobeys or obstructs the execution of such order shall be liable to a prosecution for a contravention of this By-law. Provided always that no such order shall be necessary where the removal is carried out with the consent of the patient or his parent or guardian.36. Plague and Smallpox, special powers.
Notwithstanding any of the foregoing provisions as to infected persons, the Medical Officer of Health may direct the removal to hospital of any person found to be suffering or suspected to be suffering from Plague or Smallpox, and such Medical Officer of Health, when authorised thereto by an order signed by the Mayor, shall have power, if circumstances appear to him to warrant such action, to order the removal to any place appointed therefor of any persons who may have been exposed to infection, either by living in the said premises with any person affected with Plague or Smallpox, or by visiting any such person, or by entering any such premises, or on account of unusual mortality among rats, mice, or other animals in or around such premises in which the aforesaid persons live or to which they rest.If any order or removal or detention as aforesaid shall be resisted or disobeyed by any person the Medical Officer of Health may take all reasonable steps for the carrying out of such order.Any person so removed to hospital or other place of accommodation under the provisions of this By-law shall be detained until discharged by order of the Medical Officer of Health, and during his stay he shall conduct himself in accordance with the rules of the institution and the instructions of the Officer or person in charge of such hospital or place of accommodation.37. Unburied bodies.
No person shall, without the sanction of the Medical Officer of Health, in writing, retain unburied elsewhere than in a public mortuary, for more than twenty-four hours the body of any person who has died from any infectious disease.38. Persons dying from infectious disease.
If any person dies from any infectious disease in a hospital or place of temporary accommodation for the sick the dead body shall not be removed from such hospital or place except for the purpose of being forthwith buried, and it shall not be lawful for any person to remove such body except for that purpose; and the body when taken out of such hospital or place shall be forthwith taken direct to the place of burial and there buried. Nothing in this section shall prevent the removal of a dead body from a hospital or place of temporary accommodation to a public mortuary, and such mortuary shall for the purpose of this By-law be deemed part of such hospital or place as aforesaid.39. Regulations as to disposal of body.
If the dead body of any person who has died from an infectious disease is retained or kept in any house, building, or other place so as to be, in the opinion of the Medical Officer of Health, dangerous to health, he may order that the body shall be removed, or he may order that such body shall be removed to a burial place and there buried within a time to be specified in such order, and in the event of such order not being complied with in all respects, the Medical Officer of Health may cause the body to be removed and buried, and any person who shall retain or keep any such dead body in any house, building, or other place contrary to any order as aforesaid, served on or received by him shall be liable to be prosecuted for contravening this Bylaw.40. Disinfection of clothing.
No person shall knowingly send or deliver to any person engaged in a laundry or washing business any clothing, linen, or other textile article which has been used by or in connection with any person suffering from an infectious disease, until such clothing, linen, or such other article shall have been disinfected to the satisfaction of the Medical Officer of Health, and no person shall knowingly send or deliver as aforesaid such article without first giving notice in writing to the person carrying on such laundry or washing business that the same has been so used and disinfected.41. Laundry-keepers to furnish names of customers.
Any person or company earning a livelihood or deriving gain by the washing of clothes shall furnish to the Medical Officer of Health, when requested by him, a full and complete list of the names and addresses of the owners of clothes for whom such person or company washes or has washed during the previous six weeks; and every person who shall refuse to furnish such list, or shall furnish an incomplete or incorrect list, shall be liable to prosecution for contravening this By-law.42. Books exposed to infection - lending libraries.
No person shall return to any lending library any book which has to his knowledge been exposed to infection from any infectious disease, but any person having in his charge any such book belonging to any lending library shall at one give notice that it has been exposed to infection to the Medical Officer of Health, who shall take possession of such book, and deal with it as he may consider necessary to prevent the spread of infection.43. Vehicles.
If any owner or person in charge of a public vehicle knowingly convey therein, or any other person knowingly place therein, a person suffering from any infectious disease, or if a person suffering from any such disease enter any public vehicle, he shall be deemed to have contravened this By-law.44. Disinfection of vehicles.
The owner or person in charge of any public vehicle in which a person suffering from any infectious disease has been conveyed or been placed or has entered shall forthwith inform the Medical Officer of Health and shall send such vehicle to such place as the Medical Officer of Health shall then appoint to be disinfected by such Medical Officer, and any owner or person as aforesaid failing to comply with the provisions hereof shall be deemed to have contravened this By-law.45. Transportation of body through Borough.
Any person who shall transport through the Borough the body of any person who has died from any infectious disease unless and until the Medical Officer of Health shall be satisfied that every precaution necessary for the public safety has been taken shall be deemed to have contravened this By-law.46. Driver or owner of vehicle to be notified.
Any person who hires or uses a public vehicle other than a hearse for the conveyance of the body of a person who has died from any infectious disease, without previously notifying to the owner or driver or puller of such public vehicle that the person whose body is intended to be conveyed has died from such disease, and any owner or driver or puller of a public vehicle, other than a hearse, which had to the knowledge of such owner or driver or puller has been used for conveying the body of a person who has died from any infectious disease, who shall not immediately provide for the disinfection of such vehicle, shall be deemed to have contravened this By-law.47. Swimming and other Pools.
48. Harbouring Plague or Smallpox patient.
Any person who shall harbour, or conceal, or assist to harbour or conceal any person suffering from Plague or Smallpox shall be deemed to have contravened this By-law.49. Compensation for goods destroyed.
The owner of any goods, articles, or merchandise which shall be destroyed or unnecessarily damaged in the course of the carrying out of measures for the arrest or prevention of the spread of infectious disease, shall be entitled to compensation.50. Duties of dairymen.
Whenever the Medical Officer of Health shall be of opinion that the outbreak or spread of sickness or disease within the Borough is attributable to milk sold by any dairyman such dairyman shall on request being made to him by the Medical Officer of Health furnish forthwith to such Medical Officer of Health—51. Demolition of premises.
The Medical Officer of Health shall have power to order the demolition of any hut, shanty, shed, or like structure, and -the destruction or removal of the materials thereof, when, in his opinion, such is necessary for then prevention of the spread of infection.[R. 51 previously r. 66 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]52. Compulsory disinfection or decontamination.
Where any person who is known or suspected to have been exposed to any infection or to have been exposed to contamination by any matter to thing which the Medical Officer of Health considers to be actually or potentially dangerous to health refuses or is unable to wash and cleanse himself to the satisfaction of the Medical Officer of Health, such officer may order the bathing, cleansing, disinfection or decontamination of such person at such place and in such manner as he deems fit free of charge.[R. 52 previously r. 67 inserted by PN 12 of 1912, renumbered by r. (vii) of PN 285 of 1954 and substituted by r. 1 of PN 20 of 1971.]53.
[R. 53 previously r. 68 inserted by PN 12 of 1912, substituted by r. 1 of PN 92 of 1927, renumbered by r. (vii) of PN 285 of 1954 and deleted by r. 2 of PN 20 of 1971.]54. Destruction of bedding, etc.
The Medical Officer of Health may order the destruction of any bedding, clothing, or other articles which have been exposed or are suspected of having been exposed to infection from any infections disease.[R. 54 previously r. 69 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]55. Notice to purify premises.
If the Medical Officer of Health or the Inspector of Nuisance is of opinion that the limewashing, cleansing, purifying, or disinfecting of any premises, or part thereof, or of any articles therein likely to retain infection, or the destruction of such articles would tend to prevent the incidence of or check the spread of infectious disease, he shall give notice to the owner or occupier of such premises, or part thereof, to whitewash, cleanse, purify, or disinfect, or (as regards the articles) destroy the same to his satisfaction, within a time specified in the notice, and if the person to whom such notice is so given fails to comply therewith he shall be deemed to have contravened this By-law, and the Medical Officer of Health or the Inspector of Nuisances may forthwith cause such premises, or part thereof, to be limewashed cleansed, purified, or disinfected, and such articles aforesaid to be purified or disinfected or destroyed.[R. 55 previously r. 70 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]56. Entry on premises by Health Officer.
If infectious disease shall exist in any premises the Medical Officer of Health may, by such persons as he may authorise, enter upon such premises and carry out such process of disinfection to such premises and any furniture and effects therein as he may deem necessary both during the period of infection and also at the termination of the disease.[R. 56 previously r. 71 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]57. Knowingly letting infected house.
Any person who knowingly lets for hire any house, or part of a house, in which any person has been suffering from any infectious disease without having such house, or part of house, and all articles therein liable to retain infection, disinfected to the satisfaction of the Medical Officer of Health, shall be deemed to have contravened this By-law.For the purpose of this By-law, the keeper of an hotel, boarding-house, or lodginghouse shall be deemed to let for hire part of a house to any person receiving lodging or food in such hotel, boarding-house, or lodging-house.[R. 57 previously r. 72 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]58. Neglecting to disinfect rooms.
Any person who shall cease to occupy any house, room, or part of a house in which any per has within six weeks previously been suffering from any infectious disease without having such house, room, or part of house, and all articles therein liable to retain infection, disinfected to the satisfaction of the Medical Officer of Health, shall be deemed to have contravened this By-law.[R. 58 previously r. 73 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]59. Entry by Health Officer on suspected premises.
The Medical Officer of Health, or any official specially authorised by him in writing, may enter upon any premises in which infectious disease has been reported or is suspected to exist, and may make such inquiries and inspections of premises as may be necessary, and the Medical Officer of Health may further, for the purpose of discovering infectious disease, inspect such persons as he may deem it necessary to inspect, and any person who directly or indirectly wilfully hinders, obstructs, or resists such entry, inquiry, or inspection or refuses to answer of knowingly makes false answers to any such inquiry, shall be deemed to have contravened this By-law.[R. 59 previously r. 74 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]60. House may be closed if likely to be a source of danger.
If it shall appear to the Medical Officer or Health that any premises are, owing to their condition or that of the neighbourhood, or to the condition of their occupation, for any other reason, likely to be a source of danger to the public health or to favour the spread of plague or small-pox, it shall be lawful for the Medical Officer of Health, on the authority of the Mayor, to order that any house or building on such premises shall be closed and the inmates removed therefrom until such time as the Medical Officer of Health shall advise that such house or building may with safety be re-occupied. If such order be not complied with within the time specified by the Medical Officer of Health he may instruct any person to remove the inmates therefrom and close up with the provisions hereof shall be deemed to have contravened this By-law.[R. 60 previously r. 75 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]61. Regulations for persons dealing in grain, produce, etc.
Every person keeping, storing, or dealing in any corn, grain, rice, meal, flour, forage, hay, fodder, sugar, potatoes, foodstuffs, or fruit, shall comply with the following regulations—62. Duties of employers of coloured labour in time of plague.
If at any time the Borough is affected by or threatened with plague or small-pox, and notice to this effect is published in one or other of the local newspapers every person employing coloured workers in the said Borough shall ascertain each morning whether any of such workers are sick. If any such workers shall be sick the employer of such worker shall immediately engage the services of a qualified medical practitioner to examine such worker then and each day subsequently until he shall be restored to health. Such employer shall obtain from the medical practitioner a certificate stating the nature of the sickness from which such worker is suffering, and such medical practitioner shall clearly state in such certificate if there is anything in the nature of the sickness to arouse any suspicion of the disease being plague or small-pox.In the event of any such statement being endorsed on the certificate the employer shall forthwith despatch the certificate to the Medical Officer of Health, together with the name in full and the accurate address of the place where the patient is residing or is to be found.It shall also be the duty of the employer in such case to make adequate provision against the possibility of the person so sick with symptoms suspicious of plague or smallpox leaving the place where he then is until he shall have been dealt with or removed by order of the Medical Officer of Health.Every employer hereinbefore referred to shall keep proper records of the persons in his employ, and of cases of absence and of sickness amongst them, which records, as well as all medical certificates granted under the foregoing regulations, shall at all times be open to inspection by the Medical Officer of Health, or by any officer acting under his instructions. Any employer or medical practitioner as hereinbefore mentioned who shall fail to comply with any of these provisions herein contained shall be deemed to have contravened this By-law.[R. 62 previously r. 77 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]Infectious diseases and quarantine
63. Mayor may declare a quarantine area.
Notwithstanding anything contained in the provisions of Sections 35, 36 and 60 of the By-Laws for the Borough of Durban relating to Infectious Diseases and Quarantine, in the event of the occurrence of Smallpox, Scarlet Fever, or other infectious as defined by Proclamation to be infectious, i shall be lawful for the Mayor, upon the certificate in writing of the Medical Officer of Health that such a case of infectious disease exists in the Borough, and that persons residing, or being within, or being in near proximity to the dwelling-house or other place where such case of infectious disease has taken place, are likely, under the circumstances, to be infected with any such infectious disease, to declare the dwelling-house or other place as aforesaid, and also an area; within a radius not exceeding 180 m from such dwellinghouse or other place as aforesaid, to be a quarantine; area, and to issue such orders and give, such directions as may be necessary to cut off all communication between any person infected within the said area or under the circumstances likely to be infected, and the rest of the inhabitants of the Borough.The Mayor may appoint such officers, agents, or servants as he may consider necessary for the purpose of preventing any such communication as aforesaid and for rendering effectual the quarantine established.The Medical Officer of Health may, by writing under his hand, release from the operation of any such quarantine as aforesaid any person whom he may deem to have been sufficiently vaccinated (in the case of Small-pox being the infectious disease aforesaid), or who may, in his opinion, have otherwise been sufficiently disinfected, and he may also release from the quarantine area any goods wares, letters, merchandise, which shall have been, to his satisfaction, sufficiently purified or disinfected.The period of time during which the persons residing or being within such area as aforesaid shall be kept in quarantine shall be determined by the Mayor upon the written advice and recommendation of the Medical Officer of Health.Any person—Who, having been ordered to remain in quarantine, shall escape from quarantine, or who shall depart therefrom without being released from the operation of such quarantine by authority in writing of the Medical Officer of Health, orWho shall disobey or disregard any proper instruction or order given by any official, agent, or servant appointed for the establishing or carrying out of quarantine, shall be guilty of an offence.[R. 63 previously r. 78 inserted by PN 117 of 1912, renumbered by r. (i) of PN 285 of 1954, amended by r. (vii) of PN 285 of 1954, by r. (ii) of PN 340 of 1966 and by r. 11 of PN 139 of 1971.]Additional public health by-laws for the borough of Durban relating to Typhus
[Additional Public Health By-laws for the Borough of Durban relating to Typhus inserted by PN 8 of 1918.]64.
If it shall appear to the Medical Officer of Health that any premises are, owing to their condition or that of the neighbourhood, or to the condition of their occupation, or for any other reasons, likely to be a source of danger to the public health or to favour the spread of Typhus, it shall be lawful for the :Medical Officer of Health, on the authority of the Mayor, to order that any house or building on such premises shall be closed and the inmates removed therefrom until such time as the Medical Officer of Health shall advise that such house or building may with safety be re-occupied. If such order be not complied with within the time specified by the Medical Officer of Health he may instruct any person to remove the inmates therefrom and close up such premises, and any person neglecting to comply with the provisions hereof shall be deemed to have contravened this By-law.[R. 64 previously r. 94 renumbered by r. (ix) of PN 285 of 1954.]65.
If at any time the Borough of Durban is affected or threatened with Typhus, and notice to this effect is published in one or other of the local newspapers, every person employing Natives or coloured persons or Asiatics within the Borough of Durban shall ascertain each and every morning whether any of such employees are sick. If any such employees shall be sick, the employer shall immediately engage the services of a qualified medical practitioner to examine such employee then and each day subsequently until he shall be restored to health. Such employer shall obtain from the medical practitioner a certificate stating the nature of the sickness from which such employees is suffering, and such medical practitioner shall clearly state in such certificate if there is anything in the nature of the sickness to arouse any suspicion of the disease being Typhus.In the event of any such statement being endorsed on the certificate, the employer shall forthwith despatch the certificate to the Medical Officer of Health for the said Borough, together with the name in full and the accurate address of the place where the patient is residing or is to be found.It shall also be the duty of the employer in such case to make adequate provision against the possibility of the persons so sick with symptoms of Typhus leaving the place where he then is until he shall have been dealt with or removed by order of the said Medical Officer of Health.Every employer herinbefore referred to shall keep proper records of the persons in his employ and of cases of absence and of sickness amongst them, which records, as well as all medical certificates granted under the foregoing Regulations, shall at all times be open to inspection by the said Medical Officer of Health or by any official acting under his instructions[Editorial Note: Wording as per original Provincial Gazette. It is suggested that the word “herinbefore” is intended to be “hereinbefore”.]Any employer or medical practitioner as hereinbefore mentioned who shall fail to comply with any of the provisions herein contained shall be deemed to have contravened this By-law.[R. 65 previously r. 95 renumbered by r. (ix) of PN 285 of 1954.]66.
In terms of Sections 3 and 8 of Act No. 14 of 1899, the Medical Officer of Health, the Inspector of Nuisances, or any Assistant Inspector of Nuisances or any Sanitary Inspector are authorised to carry out within the Borough the functions prescribed by Section 3 of the said Act. Any officer authorised to act under this By-law is hereby further authorised to take any person within the Borough whom (by reason of the foul condition of his clothing or person or otherwise) the officer may have reasonable cause to suspect of being infested (whether in respect of clothing or person) with lice or other parasites capable of causing or conveying the disease known as Typhus Fever to a cleansing station to be there subjected to such cleansing as may be necessary for the purpose of cleansing his person and clothes of vermin.[R. 66 previously r. 96 renumbered by r. (ix) of PN 285 of 1954.]67.
Every owner and/or occupier of premises within the Borough of Durban on which premises there shall be employed or housed Natives or coloured persons or Asiatics shall provide means and facilities for the washing, cleansing, and freeing from vermin of such persons and all their clothing, effects, and dwellings, and any such occupier who, after reasonable notice from the Mayor or Medical Officer of Health for the said Borough, fails to provide such means and facilities shall be deemed to have contravened this By-law.[R. 67 previously r. 97 renumbered by r. (ix) of PN 285 of 1954.]68.
Any Sanitary Inspector or any member of the Police or any other person duly authorised thereto by the Mayor or the Medical Officer for the Borough of Durban is hereby empowered to use such force as may be necessary to enforce any requirement under or to prevent any contravention of these By-laws in relation to Typhus Fever.[R. 68 previously r. 98 renumbered by r. (ix) of PN 285 of 1954.]69.
It shall be lawful for the Mayor to issue an order prohibiting the movement of Native or Coloured persons or Asiatics into or out of any area within the Borough (such area to be defined in such order) in which typhus exists or is suspected to exist.Every owner or occupier or manager or person in charge of any premises within the Borough and every employer of Native or coloured persons or Asiatics shall restrict the movements of or detain such persons and their families on his premises or in his employ in such manner as the Mayor or Medical Officer of Health, Sanitary Inspector, or any officer of police or other duly authorised officer may direct.[R. 69 previously r. 99 inserted by PN 138 of 1918 and renumbered by r. (ix) of PN 285 of 1954.]70.
(a)Whenever the Medical Officer of Health is of opinion that it is necessary to do so for the purposes of safeguarding the public health and the personal safety of the in habitants, or with a view to avoiding an outbreak or spread of any infectious or contagious disease or of any formidable epidemic disease enumerated or proclaimed as such under Section 37 of the Public Health Act, No. 36 of 1919, he may, by written notice directed to and served upon the owner or the occupier or both, order that any premises ordinarily used or intended to be used for ally public entertainment, public meeting or any other gathering of people shall not be used for any such purpose within a period not exceeding seven (7) days, which period shall be defined by the said order.For the purpose of this By-law, the words “Occupier,” “Owner” and “Premises” shall have the meanings assigned to them in Section 159 of the said Act.(b)On the advice of the Medical Officer of Health, the City Council may by resolution from time to time extend or re-impose any such prohibition, provided that no such prohibition may be so extended or re-imposed for a longer period than fourteen (14) days by anyone such resolution. Notice of any such extension or re-imposition shall be directed to and served upon the owner or occupier or both, as provided for in Sub-section (a) hereof.(c)Any person who contravenes any prohibition made by the Medical Officer of Health under Sub-section (a) or any extension or re-imposition thereof by the City Council under Sub-section (b), after written notice thereof has been given to him, shall be guilty of an offence.[Para. (c) amended by r. (iii) of PN 340 of 1966.][R. 70 previously r. 100(bis) inserted by PN 1 of 1945 and renumbered by r. (xi) of PN 285 of 1954.]Relating to hairdressers’ and barbers’ establishments
[Relating to Hairdressers’ and Barber’s Establishments inserted by PN 95 of 1912.]71.
Every person who shall conduct or carry on or assist in conducting or carrying on the business of a hairdresser or barber shall, in the conducting or carrying on of such business, comply with the following Regulations, that is to say—72. Keeping of Animals.
No person shall use or permit to be used any premises or any stable, kraal, shed, sty, kennel or other enclosure thereon for—73.
Application for a permit shall be made to the Medical Officer of Health in the form presented in Schedule “A” hereto, and every applicant, when so required by the Medical Officer of Health, shall lodge with his application the following—74.
75.
Every permit issued by the Medical Officer of Health shall be in the form prescribed in Schedule “C” hereof, and shall be valid only for the period stated thereon and shall be subject to any conditions, restrictions or limitations or restrictions contained therein.[R. 75 previously r. 104 renumbered by r. (xii) of PN 285 of 1954.]76.
Every permit issued by the Medical Officer of Health shall be deemed to contain the conditions that the person to whom it is issued shall—77.
No person to whom a permit has been issued shall use any padlock or the like for the exercising of any animal in respect of which the permit has been issued (except racehorses) unless such paddock or the like has been fenced, paved and drained to the satisfaction of the Medical Officer of Health, so as not to give rise to any nuisance, and has been surrounded by a curb of not less than 300 mm in height and inverted at the top so as to prevent the escape of fly larvae; provided that in any case in which the Medical Officer of Health is of opinion that the soil is sufficiently absorbent he may by endorsement on the permit exempt the holder thereof from this By-law or any part of it.[R. 77 previously r. 106 renumbered by r. (xii) of PN 285 of 1954 and amended by r. 14 of PN 139 of 1971.]78.
The Medical Officer of Health or any officer thereto deputed by him may, at any reasonable time, inspect and examine any premises upon which any animals referred to in By-law No. 72 are kept, whether or not a permit has been issued in respect thereof, and no person shall—79.
These By-laws shall be additional to and not in substitution of the requirements of the Building By-laws.[R. 79 previously r. 108 renumbered by r. (xii) of PN 285 of 1954.]80.
History of this By-law
-
28 December 1911 this version
Published in KwaZulu-Natal Provincial Gazette no. 93 -
27 December 1911
By-law commences.
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