CHAPTER 336
PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   NOTICES

      The Public Health (Sewerage and Drainage) Notices

   RULES

      The Public Health (Sewerage and Drainage) Rules

NOTICES

THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) NOTICES

(Section 3)

APPLICATION OF THE ACT

G.Ns. Nos.
275 of 1955
455 of 1955
63 of 1959
179 of 1959
218 of 1962
395 of 1962
202 of 1963
379 of 1965
31 of 1968

   The provisions of the Public Health (Sewerage and Drainage) Ordinance, shall apply to the area of the Dar es Salaam Municipality in the Eastern Province with effect from 1st August, 1955, and to the areas of the following townships with effect from the respective dates set out opposite their names–

Township

Date

   Arusha

1st February, 1956

   Bukoba

1st May, 1956

   Dodoma

1st February, 1956

   Iringa

1st February, 1956

   Moshi

1st February, 1956

   Tanga

1st February, 1956

   Tabora

1st July, 1956

   Mwanza

1st February, 1959

   Lindi

1st June, 1959

   Mbeya

1st April, 1962

   Morogoro

1st August, 1962

   Songea

1st February, 1963

   Mtwara-Mikindani

1st August, 1965

   Kigoma-Ujiji

1st August, 1965

   Musoma

1st August, 1965

   Mpwapwa

1st August, 1965

   Singida

1st August, 1965

   Kilosa

1st August, 1965

   Shinyanga

1st August, 1965

   Tukuyu

1st August, 1965

   Lushoto

1st August, 1965

   Korogwe

1st August, 1965

ESTABLISHMENT FEE NOTICES

(Section 24)

G.N. No. 279 of 1957

   Where under the Public Health (Sewerage and Drainage) Act an Authority is empowered to execute works and to recover from any person the expenses incurred by such Authority in so doing, it may include in, and recover as part of such expenses, an additional sum of twenty percent to cover customs duties and other charges and departmental expenses.

SANITARY FITTER'S AND DRAINLAYER'S LICENCES

(Rule 27 of the Public Health (Sewerage and Drainage) Rules)

Supp. 55, Cap. 336, p. 4
G.Ns. Nos.
252 of 1957
14 of 1959
203 of 1959
32 of 1968

   The provisions of rule 27 of the Public Health (Sewerage and Drainage) Rules, 1955, shall apply to the area of the following township with effect from the date set out opposite its name:

Township

Date

   Tabora

1st August, 1957

   Mwanza

1st January, 1959

   Dar es Salaam City Council

15th June, 1959

   Tanga Municipal

26th January, 1968

   Musoma Town

26th January, 1968

RULES

THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) RULES

(Section 33)

G.Ns. Nos.
253 of 1955
393 of 1955

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.   Short title

   These Rules may be cited as the Public Health (Sewerage and Drainage) Rules, 1955.

2.   Interpretation

   In these Rules, unless the context otherwise requires–

   "Act" means the Public Health (Sewerage and Drainage) Act;

   "British Standard Specification" means the relevant and current specification of the British Standard Institution of the article or material to which reference is made;

   "cement" means cement complying in all respects with the British Standard Specification for Portland cement, it means concrete composed of cement, clean washed sand or grit and clean gravel, stone or other suitable material in the proportions by measure water to produce the maximum strength;

   "cement mortar" means mortar composed of cement and clean washed sand, grit or other suitable material in the proportions by measure stated in these Rules and thoroughly mixed with clean water;

   "drainage work" means the construction, installation, laying, concerting, fixing, repair or removal of any pipe, drain, lateral drain, private sewer, gully, cesspool, septic tank, private sewage filter installation, or other works for the conveyance, discharge, reception, or disposal of sewage in connection with any premises, or of any waste pipe, soil pipe, trap, urinal, water closet, slop hopper, sink, bath, lavatory basin, ventilation pipe, anti-siphonage pipe or any drain fitting or water flushing cistern, or any works connected with the discharge of liquid, or solid matter into any drain, private sewer, cesspool, septic tank, private sewage filter installation or other like receptacle for drainage of or otherwise connected with the drainage of any premises;

   "foul sewer" means a sewer used or intended to be used for the carriage of foul water;

   "fresh air inlet" means an inlet to a drainage system provided for the introduction of air for ventilating the drain;

   "grit" means suitable stone crushed and graded from three-sixteens of an inch or finer;

   "gully trap" means an appliance for receiving waste water or surface water and passing it to the drain through a trap;

   "grease trap" means a type of gully trap constructed for the retention and removal of grease, petroleum spirit or similar matter from waste water;

   "inspection chamber" means a chamber constructed on a drain to permit of its inspection and cleansing;

   "interception trap or interception" means a trap insert in the run and at the top of the lateral drain;

   "lime mortar" means mortar composed of good lime of suitable quality and clean washed sand or grit or other clean and suitable material in the proportions by cubic measure of not less than one part lime to three parts sand and thoroughly mixed with clean water so as to obtain the maximum strength;

   "occupier" includes any person in actual occupation of land or premises without regard to the title under which he occupies and in case of premises subdivided and let to lodgers or various tenants the person receiving the rent payable by the lodgers or tenants whether on his own account or as agent for any other person;

   "owner" as regards immovable property includes any person receiving or accepting any money or cheque in respect of rent or profits from any tenant or occupier thereof or who would receive rent and profits if the premises were let whether on his own account or as agent for any other person;

   "proper officer of the Authority" means any servant of the Authority who is authorised by the Authority, generally or specially, to act on behalf of the said Authority under these Rules;

   "pavement drain" means any pipe or channel, laid in a footpath or pavement and in connection with the disposal of rain, storm or surface water;

   "sand trap" means a chamber constructed on a drain for the interception and removal of sand and grit;

   "sewer connection" means any pipe junction, saddle junction or other contrivance constructed in or on any public sewer for the purpose of joining a lateral drain to such sewer;

   "soil pipe" means any pipe fixed on or in any building for the purpose of conveying soil water;

   "soil water fitting" means any water closet pan, slop hopper or urinal and any water fitting adapted or designed for the reception of matters of excremental character;

   "subsoil drain" means any drain designed or used for the removal of subsoil or ground water;

   "waste pipe" means any pipe for conveying waste water;

   "waste water fitting" means any bath, lavatory basin, sink, bidet or similar fitting.

PART II
GENERAL MATTER AFFECTING SEWERS AND DRAINS PROTECTION OF PUBLIC SEWERS (regs 3-31)

3.   Excavations near public sewers

   (1) No person shall excavate, open up or remove, or cause to be excavated, opened up or removed the ground around, under or near to or to carry out or cause to be carried out any work around, under, near or liable to cause injury or destruction to any public sewer or lateral drain without the written consent of the Authority first obtained and no person shall injure or destroy or cause to be injured or destroyed any public sewer, disposal works or any works in connection therewith vested in the Authority.

Building over public sewers

   (2) No person shall construct or cause to be constructed any building over a public sewer save with the written consent of the Authority first obtained.

Type of sewer over which building may be permitted

   (3) The Authority may give written consent to the construction of a building over a public sewer provided that such sewer is constructed of cast iron or steel or if of stoneware, concrete or asbestos cement the sewer is encased all round and throughout the length of sewer which may be under the proposed building in not less than 6 inches of 1: 3: 6 concrete; consent shall not at any time be given to erect a building over a man-hole or other means of access to a sewer.

Foundations of building crossing line of sewer

   (4) In the case of foundation of a building crossing the line of a sewer such foundation shall rest on a reinforced concrete beam or arch so constructed over such line of sewer that the nearest points of bearing of such beam or arch shall be at least four feet distant horizontally from the outside of such sewer.

   (5) The Authority may make good any excavation, damage or other matter or alter, demolish or otherwise deal with any work, building or structure carried out or erected contrary to this section as it may see fit and may recover the expenses incurred in so doing as a civil debt from the offender.

CONNECTION WITH PUBLIC SEWERS (regs 4-10)

4.   Form of notice to connect with public sewers

   The notice required to be given in pursuance of subsection (1) of section 12 of the Ordinance for communication with a public sewer shall be in Form 1 in the Schedule to these Rules, and shall be sent to the Authority at least twenty-eight days before the communication is required to be made. Separate notices shall be given in regard to communications with–

   (a)   foul sewers; and

   (b)   sewers for storm water.

5.   Analysis may be required

   (1) Upon receipt of a notice for communication with a public sewer, the Authority may require fair and just samples of any gaseous, liquid or solid waste, sewage or effluent conveyed or to be conveyed to such sewer to be taken and analyses by any responsible and qualified person designated by it, who shall deliver to the Authority true analyses of such samples. The costs and expenses connected with the taking and analysing of such samples shall be defrayed by the person or persons applying for permission to connect a drain or drainage works to such sewer.

   (2) If, as the result of such analyses, the Authority is satisfied that the gaseous, liquid or solid waste, sewage or effluent conveyed or to be conveyed by such drain or drainage works is of such a character as would be likely to cause a nuisance or be dangerous or be injurious, it may require to be installed upon the premises from which such gaseous, liquid or solid waste, sewage or effluent originates and at the expense of the person or persons applying for permission to connect such drain or drainage works to a sewer, a satiable screening and treatment plant and such gaseous, liquid or solid waste, sewage or effluent to be caused to pass through such plant.

6.   Power to require special inspection chamber for taking samples

   The Authority may require the owner or occupier of any premises from which any gaseous, liquid or solid waster, sewage or effluent is conveyed or will be conveyed to any sewer to construct on his premises, liquid or solid waste, sewage or effluent, an inspection chamber of such size (not being less in horizontal internal dimensions than 3 feet x 6 inches) and of such special form as it may think fit, and any duly authorised officer of the Authority shall at all times have access to such chamber and may examine the character of the discharge from such premises.

7.   Admission of storm water to a foul sewer

   A condition precedent to the approval which may be given under paragraph (ii) of subsection (2) of section 8 of the Act shall be that the storm water or any drain for the conveyance thereof discharges directly into the open air over or into a trapped gully and above the level of the water therein and any drain for the conveyance of storm water from such gully is constructed as though it were a drain for the conveyance of foul water and complies with the rules prescribed for the construction and maintenance of foul water drains.

8.   Only one lateral drain from a building to a sewer

   (1) Except where there are in the opinion of the Authority special circumstances, there shall be only one lateral drain to any kind of sewer from a building or several building or several buildings situate within the same curtilage.

   (2) Where two or more buildings are to be drained in combination by a private sewer, except where there are, in the opinion of the Authority special circumstances, the whole of the respective drainage systems of each building shall be required to drain into such private sewer, and there shall be only one lateral drain connecting such private sewer with the public sewer.

   (3) Subrules (1) and (2) of this rule shall not apply to such storm water downpipes as the Authority may permit to discharge into the kerb or open channel of any street.

   (4) In every case where permission for more than one lateral drain is granted by the Authority under this rule, a report setting out the special circumstances for the granting of such permission shall be made to the Director of Public Works.

9.   Drainage works in streets and other public places

   (1) No person shall carry out any drainage works connected with any private premises in any street, sidewalk, arcade, access lane or other public place vested in or under the control of an Authority, nor in carrying out such works, disturb the surface of any street, sidewalk, arcade, access lane or other public place as aforesaid, without the consent in writing of the Authority.

   (2) The grant of a written consent by the Authority for the carrying out of any drainage works as stated in subrule (1) of this rule shall automatically impose upon any person carrying out such drainage works the obligation to erect such barriers, hoarding and shoring and to take such precautions as may be necessary to ensure the safety of public and private services underground, on the surface or overhead and of the public at all times. Such drainage works shall be carried out in a workman-like and expeditious manner and under such special conditions as the Authority may impose.

   (3) Nothing in this rule contained shall be held to impose any liability whatsoever on the Authority for any damage sustained by any person arising out of the carrying out of such drainage works as aforesaid.

10.   Drainage works through private land

   Where in pursuance of section 11 of the Act, the owner of any premises intends to construct or repair a drain or private sewer in, on, under or over any land not owned or occupied by him and not forming part of a street, he shall give notice of his intention in Form 2 in the Schedule to these Rules to every owner and occupier of such land, and also to the Authority, and shall inform the Authority of the date on which the notice on the owner and occupier or, if more than one notice is required to be served, the date on which the last of such notices was served. The Authority shall not proceed to consider such notices for the purpose of giving its consent in pursuance of the said section until the expiration of twenty-one days from the date of the service of the notices on the owner and occupier or, if more than one notice was served, from the date on which the last of such notices was served. Upon the consideration of such notices the Authority shall have regard to any objections to the proposed construction or repair of such drain or private sewer which may be sent to it in writing by any owner or occupier of the land adjacent thereto, and shall not give its consent as aforesaid to any such works unless it is satisfied that such works are, in the circumstances of the case, reasonable and necessary. The Authority may make its consent dependent upon the modification of the works proposed in such manner as the Authority may specify or may impose any other conditions which in the circumstances appear to it reasonable or necessary; but nothing in this rule contained shall be held to impose any liability whatsoever on the Authority for any damage sustained by any person arising out of the carrying out of such drainage works as aforesaid.

MISCELLANEOUS PROVISIONS (regs 11-26)

11.   Forms

   The forms set out in the Schedule hereto shall, subject to any alterations or modifications which the Authority may make, be used for the purpose specified in the appropriate rule or section of the Act.

12.   Drainage of new buildings and sites thereof

   (1) No person shall erect a building unless the whole of such building and the site thereof can be effectually drained by the construction of soil and waste water, storm and surface water and subsoil water systems of drainage capable of being connected with any available public sewer, cesspool, youthful or any other place into which the individual kinds of such systems of drainage may lawfully empty:

   Provided that the Authority may properly dispense with any provision for drainage or in exercise of its powers under section 14 of the Act may properly dispense with any provision for latrine accommodation but in such cases the Authority shall communicate immediately with the Director of Public Works stating the full circumstances of the case and its reasons for so doing.

   (2) No person shall extend or alter any building or carry out any repairs to a building where such extension, alteration or repair concerns any matters mentioned in these Rules unless such extension, alteration or repair shall conform in every manner with these Rules:

   Provided that this rule shall not apply to so much of the lowest stored of a building as comprises a cellar or basement intended for the purposes of storage only and constructed in a dry soil or so as to be impervious to water unless such cellar or basement in constructed at variance with any enactment for the time being in force relating to the construction of cellars or basements.

13.   Cesspools and septic tanks not to discharge into sewers

   (1) No person shall cause or permit any discharge or overflow from any cesspool, septic tank or any like receptacle or sewage or drainage to communicate in any way with any way with any public sewer:

   Provided that where a sewer or sewerage system does not ultimately discharge into a sewage disposal works the Authority may, for the purpose of an immediate and necessary connection or reconnection to a sewer, grant a permit for such discharge or overflow to enter a sewer. Such permit shall be for a period not exceeding twelve calendar months and it shall be incumbent upon the owner of any property in connection with which such permit shall have been issued to carry out and complete before the expiration of such permit such drainage system of such property from any cesspool, septic tank or any like receptacle into which soil or waste water discharge and to make the drainage system of such property discharge independently into such sewer or into such other sewer as the Authority may dire. In the latter case that is to say discharge into a sewer other than that sewer into which such discharge has previously been made the owner shall not be called upon to bear any additional cost entailed thereby.

   (2) In every case where the Authority shall grant a permit under the proviso to subrule (1) of this rule a report setting out the special circumstances for the granting of the permit and containing all details of the property and drainage system concerned shall be made to the Director of Public Works. Should circumstances beyond the control of the owner of any property in connection with which such permit shall have been granted prevent the re-organisation of the drainage system of such property as required under the proviso to subrule (1) of this rule, the Director of Public Works may after due consideration of an application lodged by the Authority with him not less than two calendar months before the expiration of such permit allow the Authority to extend the period of such permit for such time as he may determine.

14.   Maintenance of drainage works, etc.

   (1) The owner or occupier of any premises shall, at his own expense, maintain all drains, drainage works, fittings and appurtenances in connection with the collection and disposal of foul water and waste water and storm water constructed upon or in connection with such premises in an efficient and clean condition and in a proper state of repair and free from obstruction to the satisfaction of the Authority.

   (2) In all cases where two or more buildings owned or occupied by more than one owner or occupier are drained in combination by a private sewer, such owners or occupiers shall jointly and severally be responsible for the duty of, and for any costs and expenses incidental to, maintaining and repairing such private sewer.

15.   Stoppage, etc., in drains

(1) Upon receipt of information as to a stoppage, or as to the existence of any injurious matters as set out in section 8 of the Ordinance in any drain constructed upon or in connection with any premises, the Authority shall cause a written notice as in Form 3 to be served upon the owner or occupier of such premises requiring him forthwith to cause the stoppage or injurious matters to be removed. If such owner or occupier fails to comply forthwith with the requirements of any such notice as aforesaid or if such owner or occupier cannot immediately be found, the Authority may itself cause the stoppage or injurious matters to be removed and may recover in a summary manner as a civil debt the expenses incurred in so doing.

   (2) Where two or more buildings owned by more than one owner or occupied by more than one occupier are drained by a combined system of drainage, the costs and expenses incidental to the removal of any such stoppage or injurious matters as aforesaid shall be apportioned between the owners or occupiers of such buildings in such manner as the Authority shall determine, provided that where the stoppage takes place or the injurious matter exists in a section of any such drain used by one owner or occupier only the costs and expenses incurred in its removal shall be borne only by the owner or occupier of the building served by such section.

16.   Traffic ways over public sewers

   No person shall without the written permission of the Authority alter or construct any drive, yard or car park where any part of such drive, yard or car park passes or is intended to pass over any public sewer.

17.   Specifications for private sewers

   Private soil and waste water sewers not exceeding 6 inches in diameter shall in all respects conform to the requirements of these Rules relating to soil and waste water drains but soil and waste water sewers exceeding six inches in diameter shall be constructed in accordance with specifications approved by the Director of Public Works and tested in such manner as the Authority may require.

18.   Disposal of foul water, waste water and storm water where no sewer exists

   In all cases where no available sewer exists, all drains, drain fittings, soil water and waste water fittings and storm water fittings, pipes or appurtenances shall be in accordance with such of these Rules as may be applicable, and the disposal of solid water, waste water and storm water arranged within the plot boundaries or some other suitable place, in a sanitary and efficient manner to the satisfaction of the Authority, unless suitable drains for the carriage and disposal of such soil water and or waste water and or storm water have been provided to the satisfaction of the Authority. Connections to such drains shall in each case not be made until the approval of the Authority has been obtained.

19.   Plans and particulars to be submitted to the Authority

   (1) Every person who notifies an Authority of his intention to erect or make any alterations or additions to a building under the provisions of any building rules or by-laws for the time being in force and every person who intends to connect the drainage system of any existing building with any sewer or to carry out any drainage work shall furnish the Authority with plans and particulars set out in Form 4 in the Schedule hereto:

   Provided that the owner or occupier of any building who intends, or is required by the Authority under the provisions of the Act to make any alterations or additions to any existing drainage works in connection with such public building shall furnish the Authority with such plans and particulars as the Authority may require.

Plans contravening rules

   (2) An authority may disapprove of any plans submitted under these Rules on the ground that they show a contravention of or do not comply with any provision of these Rules.

Approval of plans, etc.

   (3) The Authority shall have the same powers of approving or withholding approval of drainage plans and notices of alterations or additions to drainage works, as it has in regard to building plans under any building or other rules for the time being in force:

   Provided that such powers shall not be exercised where approval of the withholding of approval would be at variance with the requirements and provisions of the Act and of these Rules.

20.   Plans to be in quadruplicate

   (1) All drawings, plans and descriptions shall be furnished in quadruplicate of which one copy shall be on opaque linen. Two copies (including the opaque linen copy) shall become the property of and be retained by the Authority, one shall become the property of and be retained by the local authority where that is not the Authority for the purpose of the Rules and the fourth, on approval, shall be signed and returned to the applicant.

Quality and workmanship of plans

   (2) All drawings and plans submitted in accordance with these Rules shall be of a quality approved by the Authority and the Authority may refuse to approve any drawings and plans which are not of a reasonable standard of draughtsmanship. The fee or fees payable to the Authority in respect of every plan or set of plans-submitted or re-submitted in amended from shall be in accordance with the provisions of any building rules or by-laws for the time being in force.

21.   Quality and workmanship of drainage materials and works

   Workmanship on all drainage works shall be to the satisfaction of the Authority. Any work which is of inadequate strength or is unsatisfactory will be rejected. The quality of materials shall be not less than as specified in the Rules and where no specification is given the quality shall be suitable and to the satisfaction of the Authority.

22.   In urgent cases work may be carried out before submission of plans

   Notwithstanding anything contained in these Rules, where, in consequence of an existing nuisance or a case of infectious disease on any premises, the carrying out of any drainage work on such premises is a matter of urgency, a Medical Officer of Health may issue a certificate of urgency to the owner or occupier of such premises, and thereupon such owner or occupier may proceed forthwith to carry out such work before submitting to the Authority the plans and particulars required by these Rules but, in such case he shall without delay notify the Authority that the work is being so carried out:

   Provided that such plans and particulars shall be submitted to the Authority within fourteen days of the commencement of the work:

   Provided further that nothing contained in this rule shall be deemed to relieve the person carrying out such work from the necessity of complying, in the carrying out of such work, with the provisions of these Rules and any other law for the time being in force.

23.   Notice to be given of commencement of work

   (1) Every person who intends to carry out any drainage work shall, unless he has been issued with a certificate of urgency under the provisions of rule 22 of these Rules, give to the Authority in writing at least forty-eight hours' notice excluding Sundays and public holidays, of the date on which such work is to be commenced.

   (2) The submission of plans or particulars as provided in rule 20 of these Rules shall not be deemed to be a notice under this rule.

   (3) If for any reason the execution of any drainage work has been suspended for more than seven days, notice as provided in subrule (1) of this rule shall be given to the Authority of the date on which the work is to be resumed.

24.   Inspection and testing of work

   (1) Every person who carries out any drainage work shall–

   (a)   notify the Authority in writing in the Form, 5 in the Schedule to these Rules, as soon as the whole of such work is ready for inspection and testing by the Authority, and before covering up such work;

   (b)   afford to any duly authorised officer of the Authority every facility for inspections and testing of the work as such officer may deem necessary.

   (2) No person shall–

   (a)   cover up any drainage work until it shall have been passed as satisfactory by the duly authorised officer of the Authority, unless the Authority shall have failed to cause such work to be inspected or tested within fourteen days of the receipt by it of the notice referred to in paragraph (a) of subrule (1) of this rule;

   (b)   use or permit to be used any drainage work until such work shall, after final inspection and testing, have been passed as satisfactory by the duly authorised officer of the Authority, unless the Authority shall have failed to cause such final inspection or testing to be carried out within fourteen days of the receipt by it of the notice referred to in paragraph (a) of subrule (1) of this rule.

   (3) When any drainage work has been passed as satisfactory after inspection and testing as provided in this rule certificates in Form 6 in the Schedule to these Rules shall be issued by the duly authorised officer of the Authority to the owner of the property concerned and to the person who carried out the work.

25.   Testing and condition of new drainage works

   (1) The tests to be applied to new drainage works shall be as follows–

   (a)   every pipe drain intended to be used for the carriage of foul water shall be subject to and shall be required to pass a test by either of the following methods at the discretion of the person applying the tests–

Water Test

      (i)   the drain to be tested shall be filled with water so that it is under a head of water not less than 2 feet nor except in the case of drains of cast iron or steel, greater than 10 feet. The maximum permissible loss of water in any non-metal drain under test shall be 1 cubic inch in 5 minutes for every 10 linear feet of 4-inch diameter drain under test and 1.5 cubic inches in 5 minutes for every 10 linear feet of 5 and 6-inch diameter drain under test. Cast iron and steel drains shall be required to be absolutely watertight and may be subjected to a water pressure test of 10 lb. per square inch;

Testing with a U tube and air

      (ii)   such test shall consist of air under pressure in the pipes holding up a column of water of 3/8 inch diameter and inches high. The drain shall be deemed to pass the test if such column of water shall not fall more than 1/2 inch in one leg in 5 minutes;

Inspection chambers

   (b)   inspection chambers shall be tested by filling them with water to a depth not exceeding 10 feet and shall be required to be absolutely watertight;

Soil and vent pipes

   (c)   soil and vent pipes shall be tested by subjecting them to an air pressure test equivalent to 4 inches of water. Such pipes shall be passed if they withstand such test for 5 minutes and are absolutely airtight.

Defects

   (2) Any defects which may be found as the result of the test as set out in paragraphs (a), (b) and (c) of subrule (1) of this rule or otherwise shall immediately be made good in such a manner as to conform to the provisions of these Rules.

26.   Power to examine and test drains

   (1) Where it appears to an authority that there are reasonable grounds for believing that any latrine accommodation, drain, sewer, cesspool, soil pipe or waste pipe is defective or in such a condition as to be prejudicial to health or a nuisance, the Authority may examine its condition, and for that purpose may apply any of the tests specified in subrule (2) of this rule, and, if necessary, open the ground.

   (2) In the case of drainage works originally tested in the manner provided by rule 25 of these Rules, the test to be applied under the powers conferred by subrule (1) of this rule shall be any of the test therein enumerated, but in any other case the tests shall be a smoke, chemical, coloured water or other similar test:

   Provided that in the case of any existing drain, soil water fitting or soil pipe which is in, or which passes under or through, any building, such drain, fitting or pipe may be tested by any of the tests enumerated in rule 25 of these Rules.

   (3) If on examination the sanitary convenience, drain, sewer, cesspool, soil pipe or waste pipe is found to be in a proper condition, the Authority shall, as soon as possible, reinstate any ground which has been opened by it and make good any damage done by it.

LICENCES (regs 27-31)

27.   Licence for drainage work

   No person shall construct or carry out any drainage work unless such person shall be in lawful possession of a licence obtained from the Authority authorising him so to do. Such licence shall be in the form of a sanitary fitter's licence or a drainlayer's licence, as in Forms 7 and 8 of the Schedule hereto, and any person to whom any such licence as aforesaid shall have been issued by the Authority shall be empowered to construct or carry out such works only in respect of such licences as are specified as follows–

   (a)   Sanitary fitter's licence. Every person to whom a sanitary fitter's licence shall have been issued by the Authority shall be entitled to carry out any drainage work in connection with the construction, fixing, laying, repair or removal of pipes, valves, traps, drains or other apparatus or appliance connected with the drainage of any premises but not to lay or construct any drain with cement mortar joints, inspection chamber, cesspool, septic tank, sewage filter installation or other works for the treatment or disposal of sewage except any such work that may be recognised by the Authority as being the work of a sanitary fitter.

   (b)   Drainlayer's licence. Every person to whom a drainlayer's licence shall have been issued by the Authority shall be entitled to lay or construct any drain with cement mortar, inspection chamber, cesspool, septic tank, sewage filter installation or other works for the treatment or disposal of sewage, but not to carry out the work of a sanitary fitter:

   Provided that nothing contained in the provisions of this rule shall be deemed to prohibit any workman carrying out any such works as aforesaid where such workman shall carry out such work under the direction, supervision and control of a licensed sanitary fitter or a licensed drainlayer:

Application

   Provided further that this rule shall only apply to such municipalities, townships and other areas as the Governor may, by notice in the Gazette, declare.

28.   Only competent persons to be licensed

   No sanitary fitter's licence and no drainlayer's licence shall be issued by the Authority to any person until such person shall have satisfied the Authority as to his competency to carry out the work of a licensed sanitary fitter or of a licensed drainlayer, and the Authority may require any person who shall apply for a sanitary fitter's licence or a drainlayer's licence to submit himself to examination by such a body of persons as the Authority may appoint for the purpose.

29.   Registration of licensed person

   Prior to the issue of a sanitary fitter's licence, or a drainlayer's licence by the Authority to any person, such person shall be required to sign a register, which shall be kept by the Authority, containing a declaration that he accepts such licence subject to, and that he shall conform with, the conditions thereof and with the provisions of these Rules and any other regulations or rules relating to drainage work.

30.   Licence to be produced for inspection

   Any person to whom a sanitary fitters licence or a drainlayer's licence shall have been issued by the Authority under these Rules shall, if called upon at any reasonable time to do so, produce his licence for the inspection of any duly authorised officer of the Authority.

31.   Cancellation of licence

   The Authority may at any time cancel any licence issued to any sanitary fitter or drainlayer under the provisions of these Rules if the Authority shall be satisfied that such licensed sanitary fitter or such licensed drainlayer has, either by himself or his workmen, caused or permitted any drainage work to be carried out in a negligent or unworkmanlike manner to the injury of any person or property, or contrary to any of the provisions of these Rules or any other regulations or rules relating to drainage work:

   Provided that prior to the cancellation of any such licence as aforesaid the person whose licence it is proposed to cancel shall be given an opportunity of appearing before the Authority, or before a committee appointed by the Authority, and being heard in his own defence.

PART III
SPECIFICATIONS AND DETAILED REQUIREMENTS FOR THE CONSTRUCTION OF FOUL WATER DRAINS AND THE ERECTION OF FITTINGS, ETC. (regs 32-53)

32.   Drains connected to sewer to comply with rules for new drains

   Any drain, drain fitting, soil water fitting, waste water fitting or pipe or appurtenance connected therewith, which shall form part of a system of drainage, connected or to be connected to any public sewer, shall comply in all respects with the specifications contained in these Rules:

   Provided that, with the written consent of the Authority, any of the foregoing articles which existed before the enactment of these Rules, and which contravene any of these Rules may be used in connection with any drainage system connected or to be connected with a public sewer if such article is in a clean, sound, serviceable and sanitary condition to the satisfaction of the Authority.

33.   Drains constructed for carriage of foul water to comply with requirements

   Any drain constructed for the carriage of foul water shall comply with the following requirements–

Excavations

   (a)   excavations shall be taken out neatly and shall be timbered as may be necessary and shall be kept as dry as practicable; backfilling of excavations shall be made as solid as possible;

Size of pipes

   (b)   (i)   such drain shall be of adequate size but shall not be less than 4 inches in diameter except that branch drains from a single stall urinal may not be less than 2 inches in diameter. Drains of greater diameter than 4 inches shall be used only where the Authority considers larger pipes to be necessary;

Gradients

      (ii)   such drain shall be laid with a proper fall, such fall being whenever practicable within the following limits–

         Drain other than the lateral drain conveying both waste water and soil water.

         Diameter of pipe: 2 inches, 2 0.5 inches, 3 inches, 4 inches, 5 inches and 6 inches.

         Maximum fall (over 50 feet in length) 1-20.

         Minimum fall 1-12 1-16 1-22 1-40 1-50 1-60:

         Provided that in the case of spun bitumen lined steel pipes and asbestos cement pipes for falls given in the foregoing table may be reduced by 25 percent:

         Provided that, except in special circumstances, no drain conveying soil water only shall be laid with a fall exceeding:

Length of drain from soil water fitting or soil pipe

4 - inch diameter and over

Up to 15 feet

Unlimited fall

15 to 50 feet

1 - 8 fall

over 50 feet

1 - 25 fall

Minimum cover to pipes

      (iii)   such drain, unless of cast iron or steel or constructed as described in this paragraph, shall not have less than 2 feet 6 inches of cover in a carriage drive or yard used by light traffic, 3 feet 6 inches of cover in a street and 1 foot 6 inches of cover in places elsewhere than as aforementioned. Where a drain of any material whatsoever is especially liable to injury from any cause, and in every case of pipes of material other than cast iron or steel which shall have less than the prescribed minimum cover, the Authority shall require such drain to be entirely encased in 1: 3: 6 concrete at least 6 inches in thickness all round the drain;

Foundation for drains

   (c)   such drain shall be laid with the barrel of the pipe on a good solid and even bed, free of irregularities and if so required by the Authority, such drain shall be laid on an adequate and efficient bed of concrete or supported upon a sufficient number of piers constructed of concrete or other suitable material. Pipes shall not at any time be laid so that the sockets support them either in part or in whole, but a hole shall be cut in the earth or concrete so that the socket hangs entirely free; such socket holes shall be filled solid with earth or concrete after the pipes have been tested. Where a pipe is laid on a bed of fresh concrete the concrete shall be firm and without excess water and such that the bedded or laid pieces shall not subsequently move out of grade or alignment before the concrete has set:

         Provided that where any such drain as aforesaid is of any material other than cast iron or steel and is to be laid on made or unstable ground, such drain shall be laid on a bed of 1: 3: 6 concrete not less than 6 inches in thickness and projecting on each side of the drain to an extent not less than 6 inches from the exterior of the barrel of the pipes, and the pipes shall be haunches with 1: 3: 6 concrete for the full width of the bed to the top of the barrel:

         Provided further, where any such drain as aforesaid is of cast iron or steel and is to be laid on made or unstable ground or above ground, such drain shall be supported on 12-inch square piers of concrete not less in strength than 1: 3: 6 mix and on an adequate foundation of similar grade concrete not less than 20 inches square and 6 inches thick and the whole support if so required shall be adequately reinforced; one such pier shall be at the back of each socket of the pipes and the distance between the centres of any two pairs shall not exceed 9 feet; the pipes shall be supported on the piers on a cast iron or other suitable plate firmly fixed to the top of such piers, and lightly held in position by an iron or other suitable type strap coated against corrosion in the form of an inverted U with the ends firmly embedded in the pier and if so required by the Authority, rollers and an expansion joint used;

Jointing of cast iron drain pipes

   (d)   if such drain be of pipes of cast iron or other metal approved by the Authority jointed with ordinary socket joints, the joints shall be made with plain spun yarn and molten lead or lead wool properly caulked home and finished off one-sixteenth of an inch inside the socket; if such drain shall be jointed with flange joints the joints shall be securely bolted together after some suitable insertion for jointing has been placed between the flanges; if the Authority so approves patent mechanical joints may be used;

Jointing of non-metal drain pipes

   (e)   if such drain be of stoneware pipes of material other than metal (other than pipes with patent joints acceptable to the Authority), the joints shall be made with strand of tarred spun yarn, three or more in number as may be necessary only to hold the pipes concentrically, tightly driven into the socket, and the remainder of the socket shall be filled up with 1: 3 cement mortar and bevelled off at an angle of 60 degrees from the outside of the pipe to the outer edge of the socket all around. All sand used for jointing pipes and fittings shall pass a 20 x 20 mesh sieve;

Pipes to be truly laid

   (f)   all joints of pipes and drain fittings shall be smooth and free from intrusion; all straight lengths of pipe in any drain shall be laid true to line and gradient;

Sizes and weights of cast iron drain pipes

   (g)   if such drain be of cast iron, it shall conform to British Standard Specification No. 437 of 1933 for cast iron drain pipes. The weight of any effective length of pipe shall not be less proportionately than the minimum weights prescribed in the following table–

Internal diameter

Thickness of metal not less than

Minimum weight (including socket and spigot)

2 inches

9/32 of an inch

42 lb. per 9 feet effective length

3 inches

5/16 of an inch

98 lb. per 9 feet " "

4 inches

3/8 of an inch

157 lb. per 9 feet " "

5 inches

3/8 of an inch

186 lb. per 9 feet " "

6 inches

3/8 of an inch

225 lb. per 9 feet " "

         All specials and fittings shall conform to the relevant British Standard Specification where such exists:

         Provided that where such drain is a lateral drain of cast iron under the foregoing specification such lateral drains shall have a minimum cover of 2 feet and shall otherwise be in accordance with paragraph (b)(iii) of this rule;

Stoneware drain pipes

   (h)   if such drain be of stoneware, the thickness of the pipes, the depth of the sockets and the annular space for the cement shall not be less in any case than in prescribed in the following extract from British Standard Specifications No. 65 (1937) and No. 540 (1937)–

Internal diameter

Thickness of pipe

Depth of Socket

Annual space for the cement

3 inches

7/16 of an inch

2 inches

5/16 of an inch

4 inches

0.5 of an inch

2 inches

3/8 of an inch

5 inches

9/16 of an inch

20.5 inches

7/16 of an inch

6 inches

5/8 of an inch

21/4 inches

7/16 of an inch

Drain fittings

   (i)   if such drain has bends, junctions, gullies, traps or other drain fittings of either salt-glazed ware or salt-glazed glass enamelled fireclay, such drain fittings shall comply in all respects to British Standard Specification No. 539 (1937);

Steel pipes

   (j)   if such drain be of steel, the pipes, specials and fittings shall conform to the British Standard Specification No. 534 (1934) for steel socket and spigot pipes. Coverings or linings shall not show any tendency to flow or creep at a temperature of 170 degrees Fahrenheit and they shall both in laying be made continuous at all joints. The thickness of the pipes, specials and fittings shall not be less in any case than in prescribed in the following extract from the above specification–

Nominal bore of pipe

External diameter

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