S.I. No. 213/1946 - The Housing (Extra Rooms) Order, 1946.

STATUTORY RULES AND ORDERS. 1946. No. 213.

THE HOUSING (EXTRA ROOMS) ORDER, 1946.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

HOUSING (AMENDMENT) ACT, 1946 .

The Minister for Local Government and Public Health in exercise of the powers vested in him by sub-section (5) of section 3 of the Housing (Amendment) Act, 1946 , by this his Order makes the following regulations, that is to say :—

1. This Order may be cited as the Housing (Extra Rooms) Order, 1946.

2. In this Order—

the expression " the Minister " means the Minister for Local Government and Public Health ;

the expression " the Act " means the Housing (Amendment) Act, 1946 ;

the expression " local authority " means a council of a county or a corporation of a county borough ;

the expression " the appointed officer " means an officer appointed by the Minister ;

the expression " the Medical Officer " means as respects a council of a county, the county medical officer of health for such county, and as respects a corporation of a county borough, the medical superintendent officer of health for such county borough.

3. This Order shall apply only to houses in respect of which a grant is sought by a person from a local authority under section 3 of the act.

4. The regulations set out in the first schedule to this Order in regard to procedure shall be compiled with by any local authority making or proposing to make a grant under section 3 of the act towards the provision of an extra room in or attached to a house to which this Order applies, or towards the alteration or modification of an existing room in such a house.

5.—(1) The conditions in respect of the construction of an extra room and the alteration or modification of an existing room in a house to which this Order applies set out in the second schedule to this Order shall be complied with by the person providing the extra room or altering or modifying an existing room.

(2) The Minister may assent to any departure from the regulations contained in this Order either absolutely or subject to specified conditions and every such assent shall have effect in accordance with the terms thereof as an amendment to this Order.

6. The regulations set out in the third schedule to this Order in regard to procedure shall be complied with before and during the construction of an extra room in or attached to a house to which this Order applies or the alteration or modification of an existing room in such a house by the person constructing altering or modifying such room, the appointed officer and the medical officer.

7. Where a certificate of the appointed officer that any of the provisions of this Order have been complied with has been issued in relation to a house to which this Order applies the Minister may, before making any recoupment to the local authority, take such steps as he may think desirable to satisfy himself of the accuracy of such certificate.

8. Any doubt, dispute or question which may arise as to the interpretation of the regulations contained in this Order shall be determined by the Minister and such determination shall be final.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Fifteenth day of June, One Thousand Nine Hundred and Forty-six.

(Signed) SEÁN MAC ENTEE,

Minister for Local Government and Public Health.

FIRST SCHEDULE.

REGULATIONS FOR THE MAKING OF GRANTS UNDER section 3 of the act.

1. Save where a grant is made on a requisition by the Minister under paragraph (a) of sub-section (I) of section 3 of the act, no expense or liability shall be incurred by a local authority in or in connection with the making of grants under the Act except in pursuance of a scheme for such grants (in these regulations called " a scheme ") which has been made by the local authority and approved by the Minister under these regulations.

2. The Minister may approve any scheme submitted to him by a local authority with or without such modifications as he may deem desirable.

3. A local authority may with the consent of the Minister revoke or amend any scheme made by it and shall if so required by the Minister revoke such scheme or make such amendment as the Minister may direct, provided that any revocation or amendment of a scheme made under these regulations shall not affect grants already allocated whether provisionally or finally.

4. The scheme shall set out :—

(a) the total estimated expenditure involved including any cost incurred by the applicants in complying with Paragraph 3 of the Third Schedule ;

(b) the maximum number of houses in respect of which grants are to be made ;

(c) the sources from which it is proposed to defray the expenditure involved, and if it is proposed to borrow, the terms ;

(d) the conditions subject to which the grants are to be made ;

(e) such other provisions (not inconsistent with the Act) in relation to the grants provided for by it as may be necessary or expedient.

5. The allocation of a grant in each case shall be provisional until the Minister has approved of the cost of the provision of the extra room or of the alteration or modification of an existing room.

6.—(1) Where a scheme has been approved by the Minister, the local authority shall cause it to be advertised as so approved in a newspaper circulating in its functional area and such advertisement shall name a date after which applications for grants shall not be accepted unless otherwise approved by the Minister.

(2) If at any time the number of houses in respect of which applications for grants are received exceeds the maximum number of houses in respect of which, under the scheme as approved, grants are to be made, the local authority shall inform the Minister of the number of such applications and the Minister may approve of such modification or extension of the Scheme as may be proposed by the local authority provided that any modification of the scheme as so proposed shall not affect grants already allocated whether provisionally or finally.

7. Where a local authority fails to submit a scheme to the Minister within six months of the date of this Order, or submits a scheme which is not approved by the Minister :—

(a) the Minister may require the medical officer of such local authority to report to him and to the local authority the number of houses situate in the functional area of such local authority in which a member of the household is suffering from pulmonary tuberculosis for which he is undergoing treatment and the existing accommodation of which is inadequate for the proper treatment of such person or for his segregation from the other members of the household ;

(b) the Minister may require the appointed officer to furnish to him and to the local authority an estimate of the cost of providing extra rooms in or attached to such houses or of altering or modifying existing rooms in such houses.

8. A register shall be kept in the custody of the Medical Officer showing the names of all applicants for grants under the Scheme and the date on which application was made.

9. Every local authority carrying out a scheme for the making of grants shall record in a register specially kept for the purpose all transactions under the scheme and such register shall be open to inspection at all reasonable times by any person authorised by the Minister to make such inspection.

SECOND SCHEDULE.

CONDITIONS PRESCRIBED BY THE MINISTER AS TO THE CONSTRUCTION OF AN EXTRA ROOM IN A HOUSE TO WHICH THIS ORDER APPLIES AND THE ALTERATION OR MODIFICATION OF AN EXISTING ROOM IN SUCH A HOUSE.

1. The floor area of the extra room or of the existing room as altered or modified shall be not less than 100 square feet.

2. The ceiling height shall be not less than 8" 0’’ at any point.

3. The cubic air space within the room shall be not less than 900 cubic feet.

4. The room shall be provided with a fireplace with a flue.

5. (a) The room shall be provided with a window or windows with a total glass area not less than one-eighth of the floor area of the room;

(b) One half of each window shall be made to open;

(c) The bottom glass line of each window shall be at least 3 feet above the floor level of the room.

6. The room shall be constructed so as to be fireproof, damp proof and vermin proof.

7. The floor level of the room shall be not less than twelve inches above ground level.

8. The walls of the room shall be finished internally with lime plaster.

THIRD SCHEDULE.

PROCEDURE TO BE FOLLOWED IN REGARD TO THE PROVISION OF AN EXTRA ROOM IN A HOUSE TO WHICH THIS ORDER APPLIES AND THE ALTERATION OR MODIFICATION OF AN EXISTING ROOM IN SUCH HOUSE.

1. The person applying for a grant shall submit to the medical officer an application in Form A for a certificate under sub-section (1) of section 3 of the act.

2. On receipt of such application, the medical officer shall inspect the house to which the application relates and if satisfied that a member of household of such house is suffering from pulmonary tuberculosis for which he is undergoing treatment and that the existing accommodation of the house is inadequate for his proper treatment or for his segregation from the other members of the household he shall prepare in duplicate and sign a certificate in Form B to that effect. He shall retain one of the said certificates and give the other to the person concerned.

3. On receipt of the certificate in Form B the person applying for a grant shall submit to the appointed officer a written application in Form C together with

(a) a sketch block plan showing the site of the house and the position of the house thereon and having the locality of the house clearly described;

(b) complete plans and sections (in duplicate) to a scale of not less than one inch to eight feet and specification (in duplicate) showing how the proposed work is to be carried out;

(c) a detailed statement of the estimated cost of the proposed work.

4. On receipt of such plans and documents the appointed officer shall examine them and inspect the house and if satisfied that

(a) the plans and documents comply with the provisions of this Order, and

(b) the house is suitable for being provided with an extra room or, as the case may be, for having an existing room in such house altered or modified

such appointed officer shall prepare and sign in triplicate a certificate of suitability and of approval in Form D. One copy of the certificate, accompanied by one set of the documents, shall be delivered to the Minister by the appointed officer and the duplicate set of the documents, signed by the appointed officer, together with a copy of the certificate shall be issued to the person concerned. The remaining copy of the certificate shall be deposited with the local authority.

5. The person to whom a certificate of suitability and of approval is issued shall notify the local authority immediately when the work referred to in the certificate is begun.

6. Application may be made for an instalment of the grant when at least one half (measured in value) of the work has been done. In any case, where such instalment is desired, the person concerned shall apply to the appointed officer who, if satisfied after an inspection of the work, that—

(a) the work has reached a stage at which payment of an instalment of the grant is fully warranted and

(b) the work then completed has been carried out in a proper and workmanlike manner with materials of sound quality and in accordance with the approved plans and specification,

shall issue a certificate of partial completion on Form E. The person applying for an instalment of the grant shall then forward to the local authority a written application for such instalment in Form F together with the certificate of suitability and of approval and the certificate of partial completion.

7. When the work has been completed the person concerned shall apply to the appointed officer for a certificate that it has been completed in a proper and workmanlike manner and the appointed officer if so satisfied after an inspection of the work shall issue in Form G a certificate of completion.

8. When any person providing an extra room or altering or modifying an existing room has received a certificate in Form G he shall forward such certificate to the local authority with a written application in Form H for the grant then payable. In any case where no instalment of grant has been claimed the certificate of suitability and of approval in Form D should accompany the application.

9. If and when the local authority are satisfied that the requirements of the Act and of this Order have been complied with in respect of the provision of an extra room in a house to which this Order applies or the alteration or modification of an existing room in such a house they may make a grant under the Act in respect of such house and shall in such case pay the amount thereof to the person entitled thereto and notify the appointed officer that such grant has been made.

10. Each appointed officer shall keep a register of certificates issued by him.

FOURTH SCHEDULE.

FORMS.

FORM A.

HOUSING (AMENDMENT) ACT, 1946 .

Application for certificate of eligibility for Grant towards the provision of an extra room in or attached to a house to which the Housing (Extra Rooms) Order, 1946, applies or towards the alteration or modification of an existing room in such a house.

The queries set out hereunder must be carefully and accurately answered. Failure to reply fully and accurately to any of the queries may seriously prejudice the application for grant. The application will be dealt with confidentially.

The form when completed must be forwarded to the

* County Medical Officer of Health at ............................................................ ........................

Medical Superintendent Officer of Health at............................................................ ................

I certify that the particulars set out above are true to the best of my knowledge and belief and hereby apply for a certificate of eligibility for a Grant towards the :—

Signature of Applicant.......................................

Date..........................................................

* Delete whichever is not applicable.

FORM B.

HOUSING (AMENDMENT) ACT, 1946 .

Certificate of County Medical Officer of Health (or Medical Superintendent Officer of Health) as to eligibility of applicant for grant.

NAME OF LOCAL AUTHORITY........................

CONFIDENTIAL.

Applicant........................................................

Address...........................................................

This is to certify :

that a member of the household of the house described below is suffering from pulmonary tuberculosis for which he is undergoing treatment and that the existing accommodation of the house is inadequate for his proper treatment or for his segregation from the other members of the household.

The said member is a suitable case for treatment at home.

LOCALITY AND DESCRIPTION OF HOUSE.

.............................. Townland

...........................Rural District

or

.................................... Street

Given under my hand this.........day of........................194...

Signed............................................................ ..

* County Medical Officer of Health.

* Medical Supt. Officer of Health.

* Delete whichever is not applicable.

NOTES.

1. The application form overleaf (Form C) together with the plans and documents referred to therein must be forwarded to the Appointed Officer ...............at..........................................

2. Attention is drawn to the prescribed conditions set out in Memorandum E.R.I. attached which must be observed in the Design and Costruction of the Extra Room or where appropriate in the alteration or modification of an Existing Room.

Delete whichever is not applicable.

To be printed on reverse of Form B.

FORM C.

HOUSING (AMENDMENT) ACT, 1946 .

Application for certificate of suitability of a house for provision of an extra room or for alteration or modification of an existing room and of approval to the work proposed.

To the Appointed Officer at ............................................................ ...

I hereby apply for a certificate :—

(1) of suitability of the house described overleaf for being provided with an extra room* or for having an existing room altered or modified.*

(2) of approval to the plans, specification and method of construction proposed.

I attach :

(a) a sketch block plan showing the site of the house and the position of the house thereon and having the locality of the house clearly described;

(b) complete plans and sections (in duplicate) to a scale or not less than one inch to eight feet and specification (in duplicate) showing how the proposed work is to be carried out.

(c) a detailed statement of the estimated cost of the proposed work.

I am the * owner/occupier of the house referred to.

I undertake that the standard of construction will be in accordance with the approved specification and that materials and appliances manufactured or produced in Ireland will be used as far as possible in the construction work.

Signature of Applicant.............................................

Date....................................

* Delete whichever is not applicable.

FORM D.

HOUSING (AMENDMENT) ACT, 1946 .

Serial No................

Certificate of suitability of a house for provision of an extra room or for alteration or modification of an existing room and of approval to the work proposed.

NOTE.

(a) This certificate must be carefully preserved by the person to whom it is issued, and must accompany the first application to the Local Authority for payment of grant in respect of the work referred to herein.

(b) The Person to whom this certificate is granted must notify the Local Authority immediately when work is begun.

(c) When one-half (measured in value) of the work referred to in certificate has been completed, application may be made to the Local Authority for an instalment of the Grant.

Name of Local Authority.......................................

Name of Applicant.................................................

Address............................................................ .....

This is to Certify that I...................................being an appointed officer for the purpose have approved of the plans, specifications and method of construction proposed, in respect of the work described below.

The house is suitable for being provided with an extra room or for having an existing room altered or modified.*

The applicant named above is the owner/occupier* of the house.

Subject to the conditions set out on the back of this certificate the person named above appears to be eligible for the grant which the local authority may make under the Act.

SCHEDULE.

Given under my hand this............day of......................194....

Signed............................................................ .......

Appointed Officer.

* Delete whichever is not applicable.

To be printed on the reverse of Form D.

SPECIAL NOTICE.

Persons providing extra rooms should ensure at the commencement of the work that supplies of roofing materials manufactured or produced in Ireland will be available before the roofing timbers are prepared.

Where rooffing materials manufactured or produced in Ireland cannot be obtained, permission of the local authority for the use of other roofng must be asked for before the work is commenced.

Where concrete tiles manufactured in Ireland are proposed to be used, the persons providing extra rooms should see that the tiles comply with the official specification issued by the Department of Local Government and Public Health and that a certificate to that effect has been obtained by the manufacturer.

CONDITIONS.

(a) The work must be completed in accordance with the approved plans and specifications.

(b) The work when completed must be certified by an appointed officer (or on appeal by the Minister) to have been completed in a proper and workmanlike manner.

(c) The work when completed must comply with all the requirements of the Housing (Extra Rooms) Order, 1946.

(d) The house to which this certificate refers shall be open to inspection by the appointed officer or any other authorised officer of the Minister or of the local authority at any time before the final instalment of the grant is paid.

(e) Materials and appliances manufactured or produced in Ireland shall be used as far as possible.

(f) The house must be in the occupation or in the ownership of the applicant.

FORM E.

HOUSING (AMENDMENT) ACT, 1946 .

Certificate of Partial completion of provision of an extra room or alteration or modification of an existing room.

Serial No. of Appointed Officer's Certificate in Form D ............................................................ .....................

To the Council of the County of............................................................ ......................................................

Corporation of the County Borough of............................................................ ............................................

This is to certify that the work set out in the Schedule below and comprised in Certificate (Form D) numbered..................which was granted by....................................on the.............day of...........................194...to............................................................ ............................................................ ..................

of ............................................................ ............................................................ .........................................................

was inspected by me on the............................................................ .....day of.....................................................194...

That at least one-half (measured in value) of the work was then completed in a proper and workmanlike manner and in compliance with the requirements of the Housing (Extra Rooms) Order, 1946.

SCHEDULE.

Given under my hand this............day of......................194....

Signed............................................................ .....

Appointed Officer.

To be printed on the reverse of Form E.

FORM F.

HOUSING (AMENDMENT) ACT, 1946 .

Application for instalment of Grant in respect of provision of an extra room or alteration or modification of an existing room.

Serial No. of Appointed Officer's Certificate in Form D............................................................ .....................

Note.—The Serial No. of the Appointed Officer's Certificate should be accurately set out above.

To the Council of the Couny of............................................................ .....................................................

Corporation of the County Borough of............................................................ ...........................................

I, being the person to whom the above-mentioned certificate was granted on the............day of..............................194..., hereby apply for an instalment of the grant claimed by me under the Act in respect of the work referred to in that certificate, at least one-half (measured in value) of the work having been done.

In consideration of the payment of the instalment now claimed, I undertake to complete the work in accordance with the provisions of the Housing (Extra Rooms) Order, 1946.

Signature............................................................ .....

Address............................................................ ...................

............................................................ ...................

Date............................................................ .

The requirements of the Housing (Amendment) Act, 1946 and the Housing (Extra Rooms) Order, 1946, have been duly complied with in regard to the partial completion of the work referred to in Form D, Serial No............... and an instalment of the grant amounting to the sum of (£....................) ...................................is accordingly payable in respect thereof

............................................................ ..............................

Executive Officer.

.............................................194.....

FORM G.

HOUSING (AMENDMENT) ACT, 1946 .

Certificate of Completion in a proper and workmanlike manner of provision of an extra room or alteration or modification of an existing room.

Serial No. of Appointed Officer's Certificate in Form D.........................

To the Council of the County of............................................................ .................................................

Corporation of the County Borough of............................................................ .................................................

This is to certify that the work set out in the Schedule below and comprised in Certificate (Form D) numbered............which was granted by....................., on the..........day of.......194.....to................................................ of............................................................ .....was inspected by me on the...........day of............194......

That the work has been completed in a proper and workmanlike manner and in Compliance with the requirements of the Housing (Extra Rooms) Order, 1946.

SCHEDULE.

Given under my hand this............day of..............................194....

Signed............................................................ ...............................

Appointed Officer

To be printed on the reverse of Form G.

FORM H.

HOUSING (AMENDMENT) ACT, 1946 .

Application for (Balance of) Grant in respect of provision of an extra room or alteration or modification of an existing room.

Serial No. of Appointed Officer's Certificate in Form D............................................................ ..................

NOTE.—The Serial No. of Appointed Officer's Certificate of Approval should be accurately set out above.

To the Council of the County of ............................................................ ..................................................

Corporation of the County Borough of ............................................................ ............................................

I, being the person to whom the above-mentioned Certificate was granted by.......................................on the............day of.................................hereby apply for the (balance of) Grant amounting to £........................claimed by me under the Act, in respect of the work referred to in that Certificate.

The work has now been completed in accordance with the provisions of the Housing (Extra Rooms) Order, 1946.

I have already received an instalment amounting to £.....................in respect of the house referred to.

Signature............................................................ ...

Address............................................................ ..............................

............................................................ .........................

Date............................................................ .

The requirements of the Housing (Amendment) Act, 1946 , and the Housing (Extra Rooms) Order, 1946, have been fully complied with as regards the completion of the work referred to in Form D. Serial No......................and (the balance of) a grant amounting to the sum of..................(£.....................) is accordingly payable in respect thereof.

............................................................ ............................................

Executive Officer

....................................194....