Public Health (Ireland) Act, 1878

Power to make byelaws respecting new buildings, &c.

41. [2] Every sanitary authority may make byelaws with respect to the following matters; (that is to say,)

(1.) With respect to the level width and construction of new streets, and the provisions for the sewerage thereof, and the preventing of the opening thereof for public use until such byelaws have been complied with:

(2.) With respect to the structure, and description and quality of the substances used in the construction of new buildings for securing stability and the prevention of fires, and for purposes of health:

(3.) With respect to the sites of houses buildings and other erections, and the mode in which, and the materials with which such foundations and sites shall be made, formed, excavated, filled up, prepared, and completed for securing stability, the prevention of fires, and for purposes of health.

For the purposes of this Act—

The term “foundations” shall mean the space immediately beneath the footings of a wall;

The term “site” in relation to a house building or other erection shall mean the whole space to be occupied by such house building or other erection between the level of the bottom of the foundations and the level of the base of the walls:

(4.) With respect to the sufficiency of the space about buildings to secure a free circulation of air, and with respect to the ventilation of buildings:

(5.) With respect to the drainage of buildings, to waterclosets earthclosets privies ashpits and cesspools in connexion with buildings, and to the closing of buildings or parts of buildings unfit for human habitation, and to prohibition of their use for such habitation:

And they may further provide for the observance of such byelaws by enacting therein such provisions as they think necessary as to the giving of notices, as to the deposit of plans and sections by persons intending to lay out streets or to construct buildings, as to inspection by the sanitary authority, and as to the power of such authority (subject to the provision of this Act) to remove, alter, or pull down any work begun or done in contravention of such byelaws: provided, that no byelaw made under this section shall affect any building erected before the passing of this Act. The provisions of this section and the two last preceding sections shall not apply to buildings belonging to any railway company and used for the purpose of such railway under any Act of Parliament.

[2 Power to make byelaws as to other matters is given by 53 & 54 Vict. c. 59 s. 23.]